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Australian Register of Ships

Background

The Australian Register of Ships was established on Australia Day, 1982. From this day, for the first time since European colonisation, ships owned by Australians could be registered in this country instead of being added to the British registers kept in Australia. Prior to the establishment of the Australian register, successive governments had agreed that it was important, both symbolically and in practice, that the ships of Australian owners should be recognised at home and abroad as being specifically Australian craft. It is the right of every country to determine conditions for the granting of its nationality to ships, thus the register's establishment was seen as a significant addition to Australia's international status as an independent nation. In addition, the provisions of the Shipping Registration Act 1981 together with its associated regulations, fulfill part of this country's obligations under the Geneva Convention On The High Seas.

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Getting registered

If you are an Australian citizen, or a body corporate established under Australian company law, then you are entitled to apply to have your ship registered, providing it is:

a ship solely owned by an Australian national or nationals,
a ship jointly owned where the majority of owners are Australian, or
a ship owned in common where more than half the shares are owned by Australian nationals.

(For the purpose of registration, ships are divided into 64 shares, which if necessary are divided among the owners as specified by them.) Ships cannot be registered under trade names, or the names of trusts or partnerships.

An application for registration can be made to the Shipping Registration Office in Canberra or at any office of the Australian Maritime Safety Authority. Applications can be made in person or through the mail.

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What ships can be registered

All Australian owned commercial ships 24 metres and over in tonnage length, capable of navigating the high seas must be registered.

All other craft, including Government ships, fishing and pleasure craft need not be registered, but may be if the owners desire.

A ship must be registered if the owner intends to use it for travel from Australia to places outside Australia or on voyages from foreign ports to other overseas destinations or to Australia.

Any ship demise chartered to Australian based operators, or any craft under 12 metres in length, owned or operated by Australian residents, nationals or both, can be registered if the owner/operator wishes.

Ships that were originally registered in Australia under the British system (before 1982 ) were automatically transferred to the new register subject to nationality eligibility at the time of changeover.

The Australian Register of Ships currently lists the particulars of some 7,000 active ships.

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You will need

As the registration of a ship gives good title to the owners, it is necessary that the owner provide a considerable amount of information to ensure that the title claimed is fully substantiated. An application for registration must be accompanied by:

details of any previous registration
the builder's certificate
any encumbrance statements that are relevant
tonnage certificate if applicable
bills of sale tracing the vessel's ownership back to the builder
proof of the owner/s nationality
notice of the appointment of a registered agent
in order of preference, three proposed names for the ship
the proposed home port for the ship (this must be an approved home port).

The Registrar should be informed if you have problems tracing previous owners or the builder. He will then give you all possible advice on meeting the requirements for registration. It is essential that the documentation is correct, as mistakes once incorporated in the registration documents, can only be rectified at the direction of the courts.

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Marking and Measuring

A ship will not be registered unless it has been marked with its official number, its tonnage or length overall, its name and home port.

Registration of ships which are intended to go on international voyages and which are 24 metres and over in tonnage length will not be possible unless the vessel's tonnage has been measured in accordance with the Navigation Act 1912.

Following receipt of the application and tonnage certificate (if applicable) or builder's certificate, the Registrar will issue the applicant with a Marking Note which sets out details of the markings necessary and the way in which they must be applied to the ship.When the marking is complete the note must be certified and returned to the Registrar.

If all documentation is in order then a Registration Certificate will be granted.

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Benefits

When a ship is registered it receives legally recognisable Australian nationality evidenced by the Registration Certificate.

This has advantages at home and abroad. The ship will be accorded Australian protection on the high seas and in foreign ports. In addition, the proof of ownership that registration provides will be recognised internationally, while at home it facilitates the sale of the vessel or the arrangement of mortgages, and other forms of finance.

The registration of mortgages gives the mortgagee certain protection under the Shipping Registration Act 1981 and advantages over unregistered encumbrances.

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Flying the Flag

Registered commercial ships over 24 metres in tonnage length must fly the Australian Red Ensign. All other registered ships have the choice of flying either the Australian National Flag or the Red Ensign.

An unregistered Australian owned ship can be issued with a certificate entitling it to fly either flag. Some ships are allowed to fly other flags in Australian waters only. These include: a State or Territory flag, a flag or ensign authorised by warrant under the Flags Act 1953, and the British Blue Ensign if the owner intending to fly it has a warrant to do so valid under British law.

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Comings and goings

An unregistered vessel that is entitled to be registered cannot leave an Australian port for an international destination. Customs officials will refuse to issue any such vessel with a Certificate of Clearance. However, in certain circumstances a temporary pass may be issued to the ship, or provisional registration can be arranged to enable it to undertake a voyage beginning before the registration procedure has been fully completed.

Likewise, no ship is allowed to leave a foreign port where there is an Australian diplomatic representative unless it has either been registered or issued with a provisional registration certificate.

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The Register

The record of all registrations, the Australian Register of Ships, is kept centrally at the Shipping Registration Office in Canberra. The Register is available for public examination at a small cost by arrangement with the office either personally, by mail or facsimile

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After registration

Once a ship has been registered, the owner/ registered agent must comply with the rules laid down in both the Shipping Registration Act 1981 and Shipping Registration Regulations. So that the Register can be kept current, the Registrar must be informed:

if you intend to change the name or home port of your ship of any change in the name or address of the owner or registered agent
if the ship or a share in the ship is sold
if any alterations are made to the ship
if there are changes to any registered mortgages
if the Registration Certificate is lost or destroyed
if the ship is lost or destroyed.

The Shipping Registration Act 1981 provides heavy penalties including fines and prison sentences for owners/registered agents who do not comply with the registration rules. The rules apply until a ship has been removed from the register, either through loss, etc, or after it has been sold to foreigners. In the case of ships that are not required to be registered, the registered owner may remove the ship from the register at any time.

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Protection of interest

In some cases the Australian Maritime Safety Authority or the Registrar may make decisions regarding a registered vessel or the registration of an unregistered vessel, which may not be acceptable to the owner/s. The owner/s can appeal to the Supreme Court of the relevant State or Territory or in some cases to the Administrative Appeals Tribunal.

Sometimes a person with an interest in a ship may wish to ensure that no transactions are registered which affect his/her interest in the vessel. This can be ensured by taking out a court order restraining the Registrar from making any amendments or additions to the Register for a stipulated period. Alternatively, a person can lodge a caveat requiring the Registrar to notify the person of the receipt of any application to register a dealing in a ship.

Ships registration may not always be a simple matter, especially in multi-ownership situations, or where secondhand vessels are involved. Parties seeking registration should consider seeking legal advice to ensure that their interests are protected.

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Contact details

Postal Address:

Shipping Registration Office
Australian Maritime Safety Authority
GPO Box 2181
Canberra City ACT 2601
Australia

Location:

Shipping Registration Office
Australian Maritime Safety Authority
Level 2, Alan Woods Building
25 Constitution Avenue
Canberra City ACT 2601
Australia

Phone: (02) 6279 5921
Fax: (02) 6279 5922

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last updated: 22 March 2000