Document ID: chunk:federal_register_of_legislation:F2019L00206:reg:38
Version: federal_register_of_legislation:F2019L00206
Segment Type: reg
Provision Reference: reg 38
Character Range: 64572–67127

38  Home ports

Selection of home port
 (1) For the purposes of paragraph 83(2)(n) of the Act, the port that may be selected as the home port for a registered ship is one of the ports determined in a notice in force under subsection (2).
 (2) The Authority may, by notice published in the Gazette, determine ports for the purposes of subsection (1).

Change of home port
 (3) For the purposes of paragraph 83(2)(n) of the Act, the following may lodge an application with the Registrar for a change in the home port of a registered ship:
 (a) the registered agent of the ship;
 (b) for a ship other than a ship on demise charter to Australian‑based operators—an owner of the ship.
 (4) The application must:
 (a) be in writing; and
 (b) specify the name and official number of the ship; and
 (c) specify the current home port of the ship; and
 (d) specify the proposed home port of the ship (which must be a port covered by subsection (1)); and
 (e) be signed by:
 (i) the registered agent of the ship; and
 (ii) for a ship other than a ship on demise charter to Australian‑based operators—each owner of the ship.
 (5) If the Registrar receives an application made in accordance with subsection (4), the Registrar must give a written notice to the applicant stating that the inscription of the home port on the ship may be altered with the new home port being inscribed on the ship in accordance with section 23.

Offence
 (6) A person commits an offence of strict liability if:
 (a) the Registrar gives the person a notice under subsection (5); and
 (b) the person does not, within 30 days after the date of the notice, endorse on the notice a statement signed by the person stating that the inscription of the home port on the ship has been altered with the new home port inscribed on the ship in accordance with section 23; and
 (c) the person does not, within 30 days after the date of the notice, lodge with the Registrar that notice as so endorsed.
Penalty: 5 penalty units.
 (7) Subsection (6) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (7): see subsection 13.3(3) of the Criminal Code.

Registrar's role
 (8) If the Registrar receives the notice referred to in paragraph (6)(c) and the ship's registration certificate, the Registrar must:
 (a) enter the new home port for the ship in the General Register or International Register; and
 (b) endorse the change of home port on the ship's registration certificate and return it to the registered agent.