Commonwealth Numbered Acts

SHIPPING REGISTRATION AMENDMENT ACT 1984 No. 16, 1984 - SECT 8

8. After section 22 of the Principal Act the following sections are inserted:
Provisional certificates granted by the Registrar

''22A. (1) If, while a ship is at sea or at a foreign port, it becomes a ship
entitled to be registered, the Registrar may, subject to the regulations,
grant a provisional registration certificate in respect of the ship in
accordance with the prescribed form.

''(2) If, while a ship is at an Australian port, it is or becomes entitled to
be registered, the Registrar may, subject to the regulations, after he is
satisfied that it is the intention of the owner of the ship that the ship will
depart from that port to a place outside Australia, grant a provisional
registration certificate in respect of the ship in accordance with the
prescribed form.

''(3) Subject to sub-section (4), a provisional registration certificate
granted in respect of a ship under this section has the same effect as a
registration certificate and, for the purposes of this Act and of the lawful
navigation of the ship, the ship shall be deemed to be registered until-

   (a)  in the case of a ship in respect of which the certificate was granted
        under sub-section (1)-

        (i)    the ship arrives at an Australian port; or

        (ii)   the expiration of a period of 6 months commencing on the date
               on which the certificate was granted,

whichever first happens; or

   (b)  in the case of a ship in respect of which a certificate was granted
        under sub-section (2)-

        (i)    the ship first returns from a place outside Australia to an
               Australian port after the grant; or

        (ii)   the expiration of a period of 6 months commencing on the date
               on which the certificate was granted,

whichever first happens.

''(4) If, while a provisional registration certificate granted in respect of a
ship under sub-section (1) or (2) is in effect, application is made in the
manner prescribed, the Registrar may, by notice in writing served on the
applicant, extend, in relation to the certificate, the period referred to in
sub-paragraph (3) (a) (ii) or (3) (b) (ii), as the case requires, and, in that
event, the reference in that sub-paragraph to the period of 6 months shall be
read as a reference to that period as so extended.

''(5) The person who has possession of a provisional registration certificate
granted in respect of a ship under sub-section (1) or (2) shall-

   (a)  in a case where the certificate was granted under sub-section
        (1)-within 10 days after the ship first arrives at an Australian port
        after the grant; or

   (b)  in a case where the certificate was granted under sub-section
        (2)-within 10 days after the ship first returns from a place outside
        Australia to an Australian port after the grant, lodge the certificate
        with the Registrar.

''(6) Upon lodgment of a provisional registration certificate under
sub-section (5), the Registrar may grant a further provisional registration
certificate in respect of a ship.

''(7) A provisional registration certificate granted in respect of a ship
under sub-section (6) has the same effect as a registration certificate for
such period after the date on which the certificate was granted as the
Registrar specifies in the certificate and, for the purposes of this Act and
of the lawful navigation of the ship, the ship shall be deemed to be
registered during that period. Provisional registration certificates not to be
issued in certain circumstances

''22B. A provisional registration certificate shall not be granted by a proper
officer under sub-section 22 (1), or by the Registrar under sub-section 22A
(1) or (2), in respect of a ship unless the person granting the certificate is
satisfied that, at the time of his so granting the certificate, an application
has been made under section 15 for registration of the ship and that that
application has yet to be determined.''.