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Guide to Registering a Ship

The purpose of this page is to provide an outline of the process of registering a ship. Full details may be found in section 15 of the Shipping Registration Act 1981 and Shipping Registration Regulations 7 - 10.

Australian Shipping Registration Office:

Postal address

GPO Box 2181
Canberra City ACT 2601
Australia

Location

Level 1, Alan Woods Building
25 Constitution Avenue
Canberra City ACT 2601
Australia

Customer assistance

Telephone (02) 6279 5925 (International 61-2-6279 5925)
Facsimile (02) 6279 5922 (International 61-2-6279 5922)

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1. Introduction

This is a guide to registering a ship under the Commonwealth Shipping Registration Act 1981. The subject of this pamphlet is fully set out in the Act and its Regulations, particularly Regulation 7. Seek legal advice if you need an explanation of ownership questions. Application forms can be obtained from the Shipping Registration Office.

A ship operating in Australian waters may be required to be registered under State or Territory law. Details of the requirements can be obtained from the relevant government authority in the State or Territory.

1.1 Steps to Registration

Please note that you have 12 months to complete the application but you may apply for more time. An extension fee would then be payable.

1.2 Ships that may be registered

A ship may be registered if:

Ships belonging to a defence force cannot be registered.

1.3 Property in ships

There are 64 shares in a ship.

1.4 The application for registration

An application for registration comprises these documents and a lodgement fee:

    1. Application*
    2. Declaration of ownership and nationality*
    3. Notice of appointment of registered agent*
    4. Document describing the ship (see Section 2)
    5. Documents giving evidence of ownership (see Section 3)
    6. Demise charter party (if applicable) (see Section 4)
    7. Tonnage certificate (if applicable) (see Section 5)
    8. Call sign licence (if applicable) (see Section 6)
    9. Evidence of marking of ship (see Section 7)
    10. Fee (see Section 8)

For items 4 to 8, either original documents or certified copies may be submitted. In some cases extra documents may be needed to support the application (please see Section 9).

* If the ship is foreign-owned and under demise charter to an Australian, these forms must be signed by the demise charterer.

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2. Describing a ship

The documentation required varies according to the ship's history:

Ship not previously registered (in Australia or elsewhere)

    1. a Builder's Certificate (form supplied by SRO) or, if the owner is unable to obtain one after taking all reasonable action
    2. a statutory declaration by a person acquainted with the facts stating the prescribed particulars of the ship, any other particulars asked for on a Builder's certificate which are known to the person, and the grounds for the person's belief that the particulars are correct.

Note: If the ship was built in stages by different builders, or was altered after building, you may either provide a separate certificate showing the work of each builder or a composite certificate signed by all builders.

Ship last registered for title in Australia

A statutory declaration by a person acquainted with the facts specifying the respects (if any) in which the description of the ship has changed since last registered.

Ship last registered for title under foreign law

    1. the foreign registration certificate or an official certificate describing the ship, and
    2. a statutory declaration by a person acquainted with the facts specifying the respects (if any) in which the information in the certificate is wrong or does not give the required particulars of its description (the required particulars are listed in the Builder's Certificate form).

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3. Evidence of ownership

3.1 Primary documents

The documentation required varies according to the ship's history:

Not previously registered (in Australia or elsewhere)

The builder's certificate, together with documents relating to any changes of ownership since building.

If the ship was built outside Australia and acquired by the owner outside Australia and those documents are not available, the only required document is the document by which the owner acquired the ship.

Last registered for title in Australia

Documents relating to any changes of ownership since last registered.

Last registered for title under foreign law

    1. any document that is evidence of title under the foreign law; and
    2. documents relating to any changes of ownership since last registered.

3.2 Types of documents

The documents relating to changes of ownership are bills of sale or evidence of transmission of ownership by operation of law (e.g. probate, letters or administration, court orders). Ownership can change in several ways. You should provide the following documents as evidence of the changes:

    Sale:
    Bills of Sale or other document transferring ownership for each change of ownership. The document must be signed by the transferor, specify the name of the ship, the nature and extent of the interest in the ship to which it relates, and the name and address of the transferor and transferee. If none was made at the time of sale, or it has since been lost, you may have the seller prepare a new one containing the mentioned information and a statement of the actual date of sale. An agreement for sale is acceptable if it is supported by proof that the sale was finalised.
    Transmission of ownership on death of a sole owner or owner-in-common:
    A copy of the probate, or letters of administration, which you can obtain from the State or Territory probate office that handled the estate. In these cases, ownership or power to dispose of the ship passes to the deceased owner's legal personal representative or to the beneficiary under a will, depending on the case.
    Transmission of ownership on death of a joint owner:

    Evidence of Death (either death certificate, certificate of burial, probate or letters of administration); and

    A statutory declaration, by a person well acquainted with the facts, to the effect that the deceased person mentioned in the document giving evidence of death is the same as the joint owner of the ship. In this case, ownership passes automatically to the surviving joint owner.

    Transmission of ownership by order of a Court:
    A copy of the Order, which may be obtained from the court that made it.

3.3 Statutory declarations

If there are still gaps in the ownership history, you should seek a statutory declaration by a person acquainted with the facts of the case setting out particulars of the history of the ownership of the ship. The gaps could be a result of the builder or first owner not being identified in the documents described in Section 2. They could also be because of a lack of documents described in this Section.

If you cannot get a statutory declaration relating to any gap in the ship's ownership history, you need to provide a further statutory declaration and publish a Gazette notice as explained in section 10.

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4. Demise charter party

The demise charter party is only required if the ship is a foreign ship and operated under a demise (or bare boat) charter by an Australian whose principal place of business is Australia.

Demise charter means the demise, letting, hire or delivery of the ship to the charterer under a charter party, by virtue of which the charterer has whole possession and control of the ship (including the right to appoint the master and crew of the ship).

If the ship is operated under a demise charter, the charterer should also complete an extra declaration called 'Declaration by Charterer'.

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5. Tonnage certificate

 

A ship which is more than 24 metres in tonnage length and intending to go on an international voyage must have a Tonnage Certificate before registration. Tonnage measurement can be arranged through one of the following recognized Classification Societies.

American Bureau of Shipping (ABS) - www.eagle.org

Bureau Veritas (BV) - www.veristar.com

Det Norske Veritas (DNV) - www.dnv.com

Germanischer Lloyd (GL) - wwwgl-group.com

Lloyd’s Register (LR) - www.lr.org

Nippon Kaiji Kyokai (Class NK) - www.classnk.or.jp

China Classification Society (CCS) - www.ccs.org.cn

 

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6. Call sign licence

The current call sign licence of the ship's main radio station must be lodged for noting. Be aware that call sign licences are not issued to VHF sets that were installed on or after 1 July 2001. The District Radio Inspector's Office of the Australian Communications and Media Authority issues the call sign.

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7. Evidence of marking of ship

The evidence is a signed and witnessed Marking Note. The Marking Note is the document the Registrar sends the owner to show the ship's registration particulars which must be permanently marked on the ship. The particulars are the Official Number, Ship's Name, Home Port and either Tonnage or Length overall.

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8. Fee

The GST does not apply to services supplied by the Shipping Registration Office.

Lodging application for registration or re-registration of:

(a) Pleasure craft; fishing vessel; government ship; commercial ship less than 24 metres in tonnage length.
$799
(b) Commercial ship 24 metres or more in tonnage length.
$1,195
(c) Ship on demise charter to an Australian based operator other than an Australian owned ship
$1,953

If registration of a transaction is required at or by a nominated date and time, a surcharge of 50 percent on the specified fee is payable.

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9. Other documents that may be needed

9.1 Evidence of closure of foreign registration

If the ship was last registered under a foreign law you should provide evidence from the foreign registration authority showing that the registration is closed, for example a Certificate of Deletion or a certified copy of the foreign register showing the closing entry.

9.2 Application for Endorsement of Master on Registration Certificate

The endorsement is necessary only if the ship is to go on an international voyage. The endorsement may be done at the Shipping Registration Office, by the Australian Customs Service or overseas at an Australian diplomatic mission.

9.3 Certificate of Incorporation

To be forwarded as evidence of incorporation if the owner, charterer or agent is a body corporate.

9.4 Power of Attorney

To be forwarded with any document that has been signed under power.

9.5 Written authority to sign

To be forwarded with any document that has been signed by an agent on behalf of a person.

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10. Action when evidence of ownership is not available

If some parts of the ship ownership history are not known, the person who signed the application for registration should:

    1. submit all of the available documents and statutory declarations;
    2. make a statutory declaration that
      • to the best of your knowledge the persons claiming ownership are lawfully entitled to ownership of the ship;
      • explain your belief that they are lawfully entitled to ownership; and
      • explain the reasons certain documents or statutory declarations cannot be obtained; and
    3. publish a Notice in the Commonwealth of Australia Gazette (see Attachment 1) and send a copy of the published notice to the Registrar of Ships.

To allow for possible appeals, registration cannot be processed until thirty (30) days from the date of publication of your notice.

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11. 406 MHz Distress Beacon

If there is a 406 MHz Distress Beacon on the ship the applicant the buyer should fill out and submit a 406 MHz Distress Beacon Registration form: www.amsa.gov.au/Forms/amsa6.pdf.

Further information on registering distress beacons can be found at: beacons.amsa.gov.au/Buying_and_registering/Registration.asp .

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Attachment 1

Arrangements for publishing a notice in the Commonwealth of Australia Government Notices Gazette

The Government Notices Gazette is published each Wednesday, with the exception of the Christmas/New Year period, by the Attorney-General's Department. Information about the Government Notices Gazette is available on the Department's website at http://www.ag.gov.au/GNGazette.

Notices for publication must have a covering instruction setting out requirements and payment must be made at the time the notice is lodged.   A typewritten original or good copy of the notice must be provided and the proper name, address and particulars of ship should be shown clearly.   Where a word version of the notice is available, it should be e-mailed to gazettes@ag.gov.au.

Lodging notices

Notices for publication and related correspondence can be lodged:

By e-mail: gazettes@ag.gov.au

By hand or post: Gazette Office, Attorney-General's Department, Robert Garran Offices, National Circuit, Barton   ACT   2600

By fax: (02) 6282 5140

Closing time for lodgement of notices

Notices for publication in the Government Notices Gazette must be lodged with the Gazette Office by 10am on Friday the week before publication is required.

Cost of publication

Prices may be obtained from the Gazette Office. Payment may be made by cheque (made payable to the Collector of Public Monies), or by credit card (MasterCard, Bankcard, Visa or American Express accepted), or by EFT by arrangement.

Following publication, a copy of the published notice will be sent to the notifier at no cost.

Further information

For further information contact the Gazette Office on (02) 6203 9009.

The Gazette Notice

The notice must use the following wording:

SHIPPING REGISTRATION ACT 1981

NOTICE OF INTENTION TO APPLY FOR REGISTRATION

Notice is hereby given of the intention of

(full name).................................................................................................... of (address)................................................................................................... to apply, after the expiration of the period of thirty days commencing on the date of publication of this notice, for the registration under the abovenamed Act of the ship particulars of which are set out below. Objections to the registration of the ship in the name of the abovementioned person, by persons claiming a legal proprietary right in respect of the ship, should, together with any relevant documents that will verify the claim be delivered to the Registrar of Ships at the Australian Shipping Registration Office, Level 2 Allan Woods Building, 25 Constitution Avenue, Canberra City ACT 2601 or sent by properly prepaid post to the Registrar of Ships at the Australian Maritime Safety Authority, GPO Box 2181, Canberra City ACT 2601, before the expiry of the period referred to above.

Particulars of Ship

Present name:

Former name:

Present whereabouts:

Length:

Principal material of construction:

Type of ship:

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Attachment 2

Checklist of application documents

This is a list of the documents mentioned in this pamphlet.

    1. Application for Registration
    2. Declaration of Ownership and Nationality
    3. Notice of Appointment of Registered Agent
    4. Document describing the ship
      • Builder's Certificate
      • Foreign registration certificate
      • Foreign certificate describing ship
      • Statutory declaration
    5. Evidence of Ownership
      • Bill of Sale
      • Probate
      • Letters of Administration
      • Court Order
      • Foreign certificate of title
      • Statutory declarations in lieu of Bills of Sale
      • Statutory declaration by applicant
      • Gazette Notice
    6. Demise charter party
    7. Tonnage Certificate
    8. Call sign licence
    9. Marking Note
    10. Fee
    11. Other
      • Evidence of closure of foreign registration
      • Application for Endorsement of Master on Registration certificate
      • Declaration by Charterer
      • Certificate of Incorporation
      • Power of Attorney
      • Written authority to sign

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last updated: January 2009