Document ID: chunk:federal_register_of_legislation:C2024C00673:section:21
Version: federal_register_of_legislation:C2024C00673
Segment Type: section
Provision Reference: s 21
Character Range: 41975–44684

21  New certificates and provisional certificates
 (1) Where:
 (a) a registration certificate is mislaid, lost or destroyed; or
 (b) a registration certificate is lodged with the Registrar;
the Registrar shall, upon application made in the manner prescribed, grant a new certificate in substitution for that certificate.
 (2) If:
 (a) an event referred to in paragraph (1)(a) occurs while the ship concerned is at a foreign port at which there is a proper officer; or
 (b) such an event occurs while the ship concerned is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at an Australian port, the ship arrives at a foreign port at which there is a proper officer;
the Registrar or the proper officer at that port shall, upon application made to him or her, subject to the regulations, grant a provisional registration certificate in respect of the ship in accordance with the approved form.
 (3) Subject to subsection (5), a provisional registration certificate granted in respect of a ship under subsection (2) has the same effect as a registration certificate until:
 (a) the ship arrives at an Australian port; or
 (b) the expiration of a period of 6 months commencing on the date on which the certificate was granted;
whichever first happens.
 (4) Where a proper officer grants a provisional registration certificate under this section, he or she shall forward a copy of the certificate to the Registrar.
 (5) If, while a provisional registration certificate granted in respect of a ship under subsection (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 paragraph (3)(b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended.
 (6) The person who has possession of a provisional registration certificate granted under subsection (2) shall, within 10 days after the ship first arrives at an Australian port after the grant, lodge the certificate with the Registrar.
 (7) Upon lodgment of a provisional registration certificate under subsection (6), the Registrar shall, in his or her discretion:
 (a) grant a further provisional registration certificate in respect of the ship in accordance with the approved form; or
 (b) grant a new registration certificate in respect of the ship.
 (8) A provisional registration certificate granted under paragraph (7)(a) 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.