Document ID: chunk:federal_register_of_legislation:F2019L00206:reg:25
Version: federal_register_of_legislation:F2019L00206
Segment Type: reg
Provision Reference: reg 25
Character Range: 43253–45561

25  Change of name, address or nationality of owner, charterer or registered agent of a ship
 (1) A person (the first person) commits an offence of strict liability if:
 (a) the first person is the registered agent of a ship; and
 (b) a change occurs in:
 (i) the name, address or nationality of a person whose name appears in the General Register or International Register as that of an owner or charterer of the ship; or
 (ii) the name of the person whose name appears in the General Register or International Register as that of the registered agent of the ship; and
 (c) the first person does not, before the end of 14 days starting on the day of the change, comply with the requirements of subsection (2).
Penalty: 5 penalty units.
 (2) For the purposes of paragraph (1)(c), the requirements are all of the following:
 (a) lodge with the Registrar a notice of the change;
 (b) for a change in the name of an individual—lodge with the Registrar a statutory declaration, by a person not having any direct or indirect interest in the ship or its operation, to the effect that the person whose name has changed is the same person as the person referred to in paragraph (1)(b);
 (c) for a change in the name of an individual upon marriage—produce to the Registrar for noting the relevant marriage certificate;
 (d) for a change in the name of an individual by deed poll—produce to the Registrar for noting the relevant deed;
 (e) for a change in the name of a body corporate incorporated under a law relating generally to the incorporation of companies, cooperative societies or other bodies corporate—produce to the Registrar for noting a certificate of the change of name issued under that law;
 (f) for a change in the name of the person in circumstances not covered by paragraph (c), (d) or (e)—lodge with the Registrar a notice identifying the provision of the law or instrument by which the change was effected;
 (g) for a change in the nationality of a person—lodge with the Registrar a notice setting out particulars of how the change occurred.
 (3) Subsection (1) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (3): see subsection 13.3(3) of the Criminal Code.

Division 4—National colours and other flags