Document ID: chunk:federal_register_of_legislation:F2019L00206:reg:5:p1
Version: federal_register_of_legislation:F2019L00206
Segment Type: reg
Provision Reference: reg 5 (pt 1/2)
Character Range: 9329–11850

5  Signing of documents
 (1) Subject to this instrument, if this instrument requires a document to be lodged with, or produced to, the Registrar or a proper officer and to be signed by a person, the signing requirement is met if subsection (2), (3) or (4) is satisfied.

Document signed and dated in the presence of a witness
 (2) This subsection is satisfied if:
 (a) one of the following applies:
 (i) for an individual—the individual signs and dates the document (in the presence of a witness);
 (ii) for a body corporate—an officer of the body corporate signs and dates the document (in the presence of a witness) and adds a legible statement of the name and position of the officer;
 (iii) for a body politic—an appropriate representative of the body politic signs and dates the document (in the presence of a witness) and adds a legible statement of the title of the appropriate representative; and
 (b) the witness signs and dates the document and adds a legible statement of the name and address of the witness.

Official seal of body corporate
 (3) For a body corporate, this subsection is satisfied if the body corporate executes the document under the official seal of the body corporate.

Power of attorney
 (4) This subsection is satisfied if:
 (a) another person, on behalf of the person and under a power of attorney, signs and dates the document (in the presence of a witness); and
 (b) the witness signs and dates the document and adds a legible statement of the name and address of the witness; and
 (c) the power of attorney is produced to the Registrar or proper officer for noting upon the lodgement or production of the document.

Owner of ship
 (5) For the purposes of subsections (2) to (4), if the document is required by a provision of this instrument to be signed by the owner of a ship, then the reference in that provision to the owner of the ship is taken to be a reference to:
 (a) if there is one owner of the ship—that owner or a person appointed under subsection (9) by that owner; or
 (b) otherwise—a person appointed under subsection (9) 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.
 (6) To avoid doubt, subsection (5) does not apply in relation to a document that is required by a provision of this instrument to be signed by each owner of a ship.
Note: Sections 16 and 35 are examples of such a provision.

Charterparty
 (7) For the purposes of subsections (2) to (4), if the document is required