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The Registered Agent

The purpose of this page is to provide information about the role of a ship's registered agent in respect to the Shipping Registration Act 1981 and the Shipping Registration Regulations.

Powers

1. The registered agent may apply for endorsement of the master’s particulars on the Registration certificate (Reg 13(3)). The master may also do this.

2. The registered agent may apply for a grant of a new registration certificate (Reg 14(1)). The master may also do this.

3. The registered agent may apply for a change of a ship’s name (Reg 21(1)). The owner may also do this.

4. The registered agent may apply for a change of a ship’s home port (Reg 35(3)). No other person may do this.

Obligations

1. The registered agent must give notice of an alteration to a ship (s.65, Reg 31(1)). No one else has this responsibility.

2. The registered agent must surrender a replaced registration certificate or provisional registration certificate (Reg 14(4)). Masters and owners also have this responsibility.

3. The registered agent must notify changes of name, address and nationality of the owner, charterer, and registered agent (Reg 19(1)). No one else has this responsibility.

4. In relation to a change of home port, the registered agent must send the signed marking note back within 30 days of receiving it (Reg 35(4A)). The registered agent can be fined $500 for not doing so (Reg 35(4B)).

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Communication with the Registered Agent

1. The Registrar must send the registration certificate to the registered agent or to his/her nominee after the registration of a transfer or transmission of ownership (s. 37A(3)(a)).

2. The Registrar must send the registration certificate to the registered agent after a change of home port. (Reg 35(5)).

3. The Registrar may ask the registered agent for information or documents to determine whether the register is up to date (s. 58(1)). The Registrar may also ask the owner.

4. The Australian Maritime Safety Authority may ask the registered agent for evidence of ownership (s.67). The Authority may ask no other person.

5. The Registrar must give the registered agent notice of any authorisation to vary requirements for the flying of the flag at the ship’s stern (Reg 22(3)).

6. The Registrar must give notice to the registered agent that a change of home port can proceed (Reg(35(4).

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Offences

Under section 74 the registered agent is guilty of some offences where the owner is guilty of the same offence. The offences are:

1. Failure to maintain registration markings on the ship. (s. 26(2))

2. Failure to observe the flag flying requirements. (s. 30(9))

3. Concealing a ship’s Australian nationality. (s. 33)

4. Failure to lodge transfer documents within 14 days of the execution of a bill of sale. (s. 36(2))

5. Failure to lodge transmission documents within 14 days of the transmission. (s. 37(1))

6. Failure to deliver the registration certificate to a transferree or transmittee after a transfer or transmission of ownership. (s. 37A(1))

7. Failure to notify an intention of a mortgagee to dispose of the ship. (s. 42(1))

8. Failure to lodge transfer of mortgage documents within 14 days of the transfer. (s. 42(2))

9. Failure to lodge transmission of mortgage documents within 14 days of the transmission. (s. 43(1))

10. Failure to lodge discharge of mortgage documents within 14 days of the discharge. (s. 44(1))

11. Failure to lodge a notice of alteration of a ship. (s. 65(8))

12. Failure to lodge notice of the loss of ship, or an event that causes the ship to cease to be entitled to be registered (e.g. sale to a non-Australian). (s. 66(1))

13. Taking an “officer” to sea without his/her consent. (s. 72) An officer is generally an officer or employee of the Commonwealth, a police officer or a Defence Force member.

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