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Old 03-10-2015, 23:04   #61
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Re: Flag: USA or AUS?

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It's unlikely that we'll ever sail back to Oz but we might visit US waters in a few years.
Many of the above posts illustrate the wisdom of sticking with the above and never going near the bureaucrat riddled hell hole.
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Old 03-10-2015, 23:21   #62
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Re: Flag: USA or AUS?

I arrived on a britished registered yacht ( mine ) 9months ago on my Australian passport ( cleared in Broome ) yes I got grief from the uninformed border dicks who didn't know the rules , 9 months later I have cleared out on Xmas island with my British flagged yacht on my Australian passport, the officials where a bit confused on how to clear the yacht out , I have been to a lot of countries where you find rules and regulation strange where you have to put a pony in some ones pocket to proceed would I go back to those countries yes will I return to Australia by yacht Not in a million yrs
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Old 03-10-2015, 23:31   #63
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Re: Flag: USA or AUS?

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Originally Posted by beneteau-500 View Post
I arrived on a britished registered yacht ( mine ) 9months ago on my Australian passport ( cleared in Broome ) yes I got grief from the uninformed border dicks who didn't know the rules , 9 months later I have cleared out on Xmas island with my British flagged yacht on my Australian passport, the officials where a bit confused on how to clear the yacht out , I have been to a lot of countries where you find rules and regulation strange where you have to put a pony in some ones pocket to proceed would I go back to those countries yes will I return to Australia by yacht Not in a million yrs
I'm glad you are back 'on thread'..

My experience was a while back... yacht on UK register cos I could.. entered at Carnarvon with Oz passport... departed Western Port 8 years later on Oz passport. No probs either time.

Had grief once from a tax collector masquerading as Victorian Water Police ( just after they brought in all the licensing non sense in Vic). Took a while to explain things to him... even had to go the full 'Captain Pommy Pompous Arse' , was never bothered again....

No plans to take the boat back... ever....
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Old 04-10-2015, 04:40   #64
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Re: Flag: USA or AUS?

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Originally Posted by beneteau-500 View Post
I arrived on a britished registered yacht ( mine ) 9months ago on my Australian passport ( cleared in Broome ) yes I got grief from the uninformed border dicks who didn't know the rules , 9 months later I have cleared out on Xmas island with my British flagged yacht on my Australian passport, the officials where a bit confused on how to clear the yacht out , I have been to a lot of countries where you find rules and regulation strange where you have to put a pony in some ones pocket to proceed would I go back to those countries yes will I return to Australia by yacht Not in a million yrs
This surprises me. What was the problems you experienced?
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Old 04-10-2015, 05:28   #65
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Re: Flag: USA or AUS?

As a dual passport owner you could register in either UK or Oz legally. But UK can cause you some tax headaches . Having the boat on the Australian ships register gives the boat an Australian nationality and as such is afforded the same rights and privileges as you. Now if things go belly up and you and the vessel get arrested Oz diplomatic corp get involved but if you vessel is covered by another country Oz can't help the boat. Just do what is legal and right, karma can sting.

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Old 04-10-2015, 05:59   #66
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Re: Flag: USA or AUS?

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Originally Posted by Rustic Charm View Post
No need to apologise Factor. This is CF where we all have our armchair opinions and no one's opinion matters diddly squat in the end. It's just discussion

What I always find with 'bush lawyers' :
Im not a bush lawyer and the actual title for the act of interpretation act is the Acts Interpretation Act. I am not saying that to be smart, just to assist anyone who may be searching for it online (see COMLAW - comlaw.gov.au )

Like I said, Its up to the OP, and the Australian authorities do struggle with their own legislation, and whilst I am happy to have the esoteric discussion on the impact of the shipping legislation, others might get bored, but happy to explore where I disagree with your interpretation if you like e.g. the "may" that you rely on in your analysis refers to the power to register not the choice to register, All those various sorts of ships MAY be registered, i.e. there is a power on behalf of the Commonwealth to register them but no obligation on the part of the Commonwealth to register them, its discretionary on the part of the registering authority, (statutory interpretation principle of ejusdem generis ) and the requirements on owners to register particular ships in particular circumstances are not override, or indeed in anyway affected, by that discretionary power that exists on the Commonwealths behalf.
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Old 04-10-2015, 12:51   #67
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Re: Flag: USA or AUS?

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Originally Posted by SimonV View Post
As a dual passport owner you could register in either UK or Oz legally. But UK can cause you some tax headaches . Having the boat on the Australian ships register gives the boat an Australian nationality and as such is afforded the same rights and privileges as you. Now if things go belly up and you and the vessel get arrested Oz diplomatic corp get involved but if you vessel is covered by another country Oz can't help the boat. Just do what is legal and right, karma can sting.

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What tax headaches would those be? Can't say I have experienced any .......

Since the little bit of unpleasantness in South Lebanon 10 years ago the Australians aren't going to help you if you get into strife in your country of second nationality.
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Old 04-10-2015, 16:17   #68
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Re: Flag: USA or AUS?

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Im not a bush lawyer and the actual title for the act of interpretation act is the Acts Interpretation Act. I am not saying that to be smart, just to assist anyone who may be searching for it online (see COMLAW - comlaw.gov.au )

Like I said, Its up to the OP, and the Australian authorities do struggle with their own legislation, and whilst I am happy to have the esoteric discussion on the impact of the shipping legislation, others might get bored, but happy to explore where I disagree with your interpretation if you like e.g. the "may" that you rely on in your analysis refers to the power to register not the choice to register, All those various sorts of ships MAY be registered, i.e. there is a power on behalf of the Commonwealth to register them but no obligation on the part of the Commonwealth to register them, its discretionary on the part of the registering authority, (statutory interpretation principle of ejusdem generis ) and the requirements on owners to register particular ships in particular circumstances are not override, or indeed in anyway affected, by that discretionary power that exists on the Commonwealths behalf.
'Bush Lawyers' are generally referred to anyone interpreting legislation that is not a registered legal practicioner. Including myself. No offence intended.

And I agree with your above. No problem with it.

What I have a problem with is you suggesting that someone MUST list their yacht, no matter what the size if they are overseas. That's simply not correct. No offence is committed by the OP if he lists it with another country.
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Old 04-10-2015, 16:48   #69
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Re: Flag: USA or AUS?

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Originally Posted by Rustic Charm View Post
What I have a problem with is you suggesting that someone MUST list their yacht, no matter what the size if they are overseas. That's simply not correct. No offence is committed by the OP if he lists it with another country.
On that we will have to disagree, and it matters little to you or I at this stage, however every yacht I have been in charge of that left Australia or left a foreign port that was owned by Australians was registered under the Shipping Registration Act or I didn't do the delivery. My choice. My only real advice is to check with your insurance company rather than quoting factor or rustic charm's interpretation when making a claim.
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