Document ID: chunk:federal_register_of_legislation:F2019L00206:reg:26:p1
Version: federal_register_of_legislation:F2019L00206
Segment Type: reg
Provision Reference: reg 26 (pt 1/3)
Character Range: 45561–47999

26  National colours and other flags

Ships outside Australian waters
 (1) For the purposes of paragraph 30(2)(a) of the Act, a ship to which paragraph 30(1)(a) of the Act applies must fly the red ensign:
 (a) while entering or leaving, or otherwise under way within, a port in daylight; and
 (b) while berthed or at anchor in a port during the period commencing at 8 o'clock in the morning on a day and ending at sunset on that day.
 (2) For the purposes of paragraph 30(2)(b) of the Act, a registered ship, other than a ship to which paragraph 30(1)(a) of the Act applies, must fly the national flag or the red ensign while entering or leaving, or otherwise under way within, a foreign port in daylight.

Ships in Australian waters
 (3) For the purposes of subsection 30(3) of the Act, a registered ship must fly the national flag or the red ensign:
 (a) while entering or leaving, or otherwise under way within, a port in daylight; and
 (b) while berthed or at anchor in a port during the period commencing at 8 o'clock in the morning on a day and ending at sunset on that day.

How flag to be flown
 (4) For the purposes of paragraphs 30(2)(a) and (b) and subsection 30(3) of the Act, the national flag or the red ensign must be flown:
 (a) at the stern; or
 (b) if, because of the design of the ship or the use to which the ship is put, it is not practicable to fly a flag at the stern—as near as practicable to the stern; or
 (c) if the design of the ship is such that the ship has no stern—in such position as is approved by the Registrar in relation to the ship by notice in writing given to the registered agent of the ship.

Application for certificate for unregistered ships
 (5) For the purposes of subsection 30(10) of the Act, an application must be lodged with the Registrar and must:
 (a) be in writing; and
 (b) specify the name of the ship; and
 (c) specify the port at which the ship is usually berthed or moored; and
 (d) specify a description of the ship (including any identifying markings); and
 (e) specify the name, address and nationality of each owner of the ship; and
 (f) for an application in relation to a ship of a kind referred to in subparagraph 29(1)(b)(iii) of the Act—specify the name, address and nationality of each operator of the ship; and
 (g) if:
 (i) for an application in relation to a ship of a kind referred to in subparagraph 29(1)(b)(i) or (ii) of the Act—any person who is an owner of the