(1) Where the owner of
a registered vessel sells or otherwise disposes of the vessel, the owner
commits an offence if the owner does not —
(a)
forthwith furnish to the person to whom the vessel has been sold or disposed
of the certificate of registration issued in respect of the vessel; and
(b)
within 7 days of the sale or disposal, give notice to the Department in
writing of the sale or disposal of the vessel of the consent to the sale or
disposal of the vessel of all registered owners of the vessel and the name and
address of the person to whom the vessel has been sold or disposed of.
(2) Subject to
subregulation (5), a person to whom a registered vessel has been sold or
disposed of commits an offence if the person does not, within 15 days of
the sale or disposal —
(a)
apply to the Department for the transfer of the vessel and include with the
application a recording fee of $34.15; and
(b)
produce to the Department —
(i)
the certificate of registration of the vessel; and
(ii)
the consent in writing of all the parties named in the
application and such other proof of the sale or disposal of the vessel as the
Department may require; and
(iii)
the particulars referred to in regulation 45B(3),
and such proof of the particulars as the Department may require; and
(iv)
a certificate issued by a person accredited to do so
under regulation 45AA or 45AB verifying the hull identification number of
the vessel.
(2a) On an application
under subregulation (2) the Department is to transfer the registration,
and return to the person by whom the application was made the certificate of
registration, suitably endorsed, if and only if the Department is satisfied
that —
(a) the
vessel has a hull identification number; and
(b) the
particulars provided in the application are true and correct.
(3) The owner of a
registered vessel commits an offence if the owner does not notify the
Department in writing of the loss of that vessel, however occasioned, within
15 days of the owner learning of that loss.
(4)
Subregulation (3) does not apply if the Department has already been
notified of the loss of the vessel pursuant to regulation 52H.
(5) A person to whom a
vessel registered under regulation 45BAA has been sold or disposed of
commits an offence if the person does not, within 15 days of the sale or
disposal, produce to the Department the certificate of registration of the
vessel and such other proof of the sale or disposal of the vessel as the
Department may require.
(6) On receiving the
certificate or registration and proof of sale or disposal referred to in
subregulation (5), the Department is to —
(a)
transfer the registration of the vessel and return to that person the
certificate of registration, suitably endorsed; or
(b)
where the Department considers the vessel is no longer a foreign pleasure
vessel, direct that person to make application for registration of the vessel
under regulation 45B.
[Regulation 45E inserted: Gazette
16 Dec 1971 p. 5232; amended: Gazette 12 Jul 1974
p. 2625; 9 Feb 1979 p. 375; 7 Aug 1981
p. 3230; 12 Oct 1984 p. 3275; 2 Nov 1984
p. 3523; 21 Feb 1986 p. 567‑8; 2 Mar 1990
p. 1329; 1 Aug 1990 p. 3647; 10 Apr 1992
p. 1598; 30 Jun 1992 p. 2901; 24 Apr 1998
p. 2162; 1 Dec 2000 p. 6766‑8; 14 Jun 2002
p. 2325; 27 Jun 2003 p. 2537; 30 Nov 2007
p. 5938; 27 Aug 2010 p. 4115; 21 Jun 2011
p. 2242; 15 Jun 2012 p. 2526; 14 Jun 2013 p. 2238;
29 May 2015 p. 1882; 27 May 2016 p. 1551;
26 May 2017 p. 2641; 25 May 2018 p. 1641;
17 May 2019 p. 1438; SL 2020/60 r. 8; SL 2021/68
r. 14; SL 2022/56 r. 6; SL 2022/137 r. 8;
SL 2023/45 r. 14; SL 2024/57 r. 8; SL 2024/191
r. 41.]