Document ID: chunk:federal_register_of_legislation:F2016C00720:reg:51:p1
Version: federal_register_of_legislation:F2016C00720
Segment Type: reg
Provision Reference: reg 51 (pt 1/2)
Character Range: 40987–43452

51  Release by Registrar
 (1) On receiving an application in accordance with Form 18, the Registrar may order the release from arrest of a ship or other property under arrest in a proceeding if the Registrar is satisfied that:
 (a) an amount equal to:
 (i) the amount claimed; or
 (ii) the value of the ship or property;
  whichever is less, has been paid into court in the proceeding; or
 (b) a bail bond for an amount equal to:
 (i) the amount claimed; or
 (ii) the value of the ship or property;
   whichever is less, has been filed in the proceeding; or
 (c) the party who made the application for the ship or other property to be arrested has made arrangements satisfactory to that party for the release of the ship or other property.
 (1A) If a person pays money into court for the purposes of subrule (1), the person must:
 (a) file with the court a notice in accordance with Form 17A; and
 (b) serve a copy of the notice on each of the other parties to the proceeding.
 (2) An order must not be made under subrule (1) in relation to a ship or other property that has been arrested in a proceeding concerning a claim for salvage unless the value of the ship or property that is under arrest:
 (a) has been agreed between the parties; or
 (b) has been determined by the court.
 (3) The Registrar may order the release of a ship or other property that has been arrested if, in a proceeding, the party who made the application for the ship or other property to be arrested has:
 (a) consented in writing to the release from arrest of the ship or property; and
 (b) made an application to the Registrar in accordance with Form 18A.
 (4) Subject to section 29 of the Act, if:
 (a) a ship or other property has been arrested in a proceeding; and
 (b) the proceeding has been discontinued or dismissed;
the Registrar may order the release from arrest of the ship or property.
 (5) If a caveat against the release from arrest of the ship or other property is in force, an order must not be made under subrule (1), (3) or (4) in relation to the ship or property unless the court so orders.
 (6) The Registrar must not hear an application for the release from arrest of a ship or any property under this rule unless:
 (a) the applicant for the release has given to the plaintiff notice, being notice that the Registrar is satisfied is reasonable in the circumstances, of the hearing of the application for the release; or
 (b) the Registrar is satisfied that there are