8 Australian‑owned ships
(1) A reference in this Act to an Australian‑owned ship shall be read as a reference to a ship that:
(a) is owned by an Australian national or Australian nationals, and by no other person;
(b) is owned (otherwise than as described in paragraph (c)) by 3 or more persons as joint owners, where the majority of those persons are Australian nationals; or
(c) is owned by 2 or more persons as owners in common, where more than half of the shares in the ship are owned by an Australian national or Australian nationals.
(2) For the purposes of paragraph (1)(c), where 2 or more persons are joint owners of a share or shares in a ship:
(a) in the case of 2 or more particular shares that are owned by the same persons—the interest of each owner in the shares shall be ascertained by dividing the number of the shares by the number of the owners of the shares; and
(b) in the case of a share to which paragraph (a) does not apply—the interest of each owner in the share shall be ascertained by dividing the number one by the number of the owners of the share;
and, if the sum of the interests so ascertained in respect of all jointly‑owned shares in the ship as being interests of an Australian national or Australian nationals is a whole number or a whole number and a fraction, such number of those shares as is equal to that whole number shall be deemed to be owned by an Australian national or Australian nationals
Part II—Registration of Ships
Obligation to register Australian‑owned ships
(1) Subject to this Part, every Australian‑owned ship shall be registered under this Act.
(2) Where an Australian‑owned ship is operated by a foreign resident under a demise charter
, the Authority may, by instrument in writing, exempt the ship during the term of the charter from the requirement to be registered.
(3) Where a ship required to be registered is not registered, the owner of the ship is, in respect of each day on which the ship remains unregistered (including the day of a conviction for an offence against this subsection or any subsequent day), guilty of an offence, and, whether or not proceedings are instituted for such an offence, the ship may be detained until registration is effected.
(3A) An offence under subsection (3) is an offence of strict liability.
Note: For strict liability, see section 6.1 of the Criminal Code.
(4) It is not a defence to a prosecution under subsection (3) that the ship required to be registered is registered under the law of a foreign country.
13 Exemptions from registration
Ships less than 24 metres in tonnage length, Government ships, fishing vessels and pleasure craft are exempt from the requirement to be registered under section 12.
14 Ships permitted
to be registered
Where application is made as provided by this Act, the following ships shall be registered:
(a) Australian‑owned ships referred to in section 13;
(b) small craft wholly owned by residents of Australia or by residents of Australia and Australian nationals;
(c) small craft operated solely by residents of Australia or Australian nationals or both;
(d) ships on demise charter to Australian‑based operators.
15 Application for registration
Subject to this Part, an application for the registration of a ship shall be made in accordance with the regulations.