Commonwealth Consolidated Acts

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SHIPPING REGISTRATION ACT 1981 - SECT 22A

Provisional certificates granted by the Registrar

  (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 approved 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 or she 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 approved form.

  (3)   Subject to subsection   (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 subsection   (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 subsection   (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 subsection   (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 subparagraph   (3)(a)(ii) or (3)(b)(ii), as the case requires, and, in that event, the reference in that subparagraph 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 subsection   (1) or (2) shall:

  (a)   in a case where the certificate was granted under subsection   (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 subsection   (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 subsection   (5), the Registrar may grant a further provisional registration certificate in respect of a ship in accordance with the approved form.

  (7)   A provisional registration certificate granted in respect of a ship under subsection   (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.



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