Document ID: chunk:federal_register_of_legislation:F2019L00206:reg:35:p1
Version: federal_register_of_legislation:F2019L00206
Segment Type: reg
Provision Reference: reg 35 (pt 1/2)
Character Range: 61078–63724

35  Closure of registration of ships
 (1) For the purposes of paragraph 83(2)(j) of the Act, an application for the closure of the registration of a registered ship (except a ship required to be registered) may be lodged with the Registrar by one or more owners of the ship.

Form of application
 (2) The application must:
 (a) be in writing; and
 (b) specify the registered name of the ship; and
 (c) specify the official number of the ship; and
 (d) specify the home port of the ship; and
 (e) be accompanied by the registration certificate or provisional registration certificate, as the case requires; and
 (f) be accompanied by a statutory declaration by the applicant that states the extent of the interest of the person in the ship and the date on which that interest was acquired; and
 (g) be signed:
 (i) if there is one owner of the ship—by that owner; or
 (ii) otherwise—either by each owner of the ship or by a person appointed under subsection (3) by persons who are the owners of interests in the ship the sum of which is equal to at least 33 shares in the property in the ship.

Appointments
 (3) The appointment of a person for the purposes of subparagraph (2)(g)(ii) must:
 (a) be in writing; and
 (b) specify the ship to which the appointment relates; and
 (c) be signed by each person making the appointment.
 (4) The appointment may consist of several documents in like form, each of which satisfies paragraphs (3)(a) and (b) and that, when taken together, satisfy paragraph (3)(c).
 (5) If the application is signed by a person appointed under subsection (3), each instrument of appointment of that person must be produced to the Registrar for noting upon the lodgement of the application.

Closure of registration
 (6) If the Registrar receives an application lodged in accordance with this section relating to a ship:
 (a) the Registrar must make an entry in the General Register or International Register to that effect; and
 (b) the registration of the ship is then closed.
Note: Section 3A of the Act provides that if the registration of a ship is closed, the ship ceases to be registered.

Delivery of registration certificate or provisional registration certificate if registration of ship is closed
 (7) For the purposes of subsection 66(10) of the Act, the certificate is to be delivered to the Registrar or a proper officer within 30 days after the Registrar gives a notice under subsection (8) of this section.
 (8) The Registrar must give a written notice to a person whose name appeared in the General Register or International Register, immediately before the registration of the ship was closed or deemed to be