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Old 25-11-2011, 00:46   #16
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Re: Sailing Yacht - Country of Registration

You can register in Jersey, UK, on the British Ships' Register

http://www.gov.je/Travel/MaritimeAvi...istration.aspx

Jersey is VAT free and not part of EU

This is what I did
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Old 25-11-2011, 04:02   #17
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Re: Sailing Yacht - Country of Registration

Quote:
Originally Posted by Swanee View Post
Hi, I'm an Australian Citizen looking at buying a yacht to live-a-board in Asia.

I'm an Australian citizen, and the yacht I'm looking at purchasing is registered in Sweden, but located in Asia. I will not be taking the yacht back to Australia, but will be keeping it in Asia, particularly sailing it around Thailand, Malaysia and the Philippines. I understand there is advantages to me in having the boat registered in Australia, but how important is it? If so, should I register it in Victoria (my home state) or just register it under the Australian Maritime Safety Authority Australian Shipping Registration Office

By registering it in Australia, am I liable for import duty or any taxes, despite the fact that the yacht will never enter Australian waters?

Would love some advice on this, thanks.
If you want some light reading, check out this thread Importing a Boat to Australia
While not directly related to your question, there are many posts in the middle of the thread that do relate
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Old 25-11-2011, 17:12   #18
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Re: Sailing Yacht - Country of Registration

Obligations of Owners, Registered Agents and Masters of Australian Registered Ships

  • A Registration Certificate shall be used for the lawful navigation of a ship; it shall not be detained and shall be delivered to the Registrar on request.
  • The new owners of a registered ship shall forward to the Registrar within 14 days of purchase the Bill of Sale and Declaration of Transfer.
  • The owner, master and registered agent shall at all times maintain the markings of a ship.
  • A registered ship shall only be referred to by its registered name.
  • The owner, master and registered agent shall comply with the flag requirements.
  • The owner, master and registered agent shall not conceal Australian nationality.
  • The registered agent shall advise the Registrar of any change in the name and address of the owner and the registered agent within 14 days of the change and return the Registration Certificate.
  • The registered agent shall advise the Registrar of any alteration to the ship within 14 days of completion, submit a Builder’s Alteration form and return the Registration Certificate.
  • The owner shall advise the Registrar immediately of the loss of a ship or the fact that the ship is no longer entitled to be registered and return the Registration Certificate.
  • No person shall make a false or misleading statement in relation to a registered ship.
PENALTY FOR NON-COMPLIANCE
DEPENDING ON WHICH OF THE ABOVE OBLIGATIONS IS NOT COMPLIED WITH THE MAXIMUM PENALTY FOR THE MOST SERIOUS OFFENCE IS $20,000, TWO YEARS IMPRISONMENT OR BOTH.
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Old 25-11-2011, 18:28   #19
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Re: Sailing Yacht - Country of Registration

@SimonV
Don't forget that most Aussie recreational yachts do NOT require Australian registration unless they want to depart Australian ports for an international destination.

My understanding of the Shipping Act is unclear as to Australians owning and using yachts outside of Australia but it seems there would be no requirement to have it on the Australian register unless you plan to bring it into and Australia and then depart again.
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Old 27-11-2011, 04:05   #20
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Re: Sailing Yacht - Country of Registration

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Obligations of Owners, Registered Agents and Masters of Australian Registered Ships
  • The owner, master and registered agent shall not conceal Australian nationality.
Give that this rule comes under the heading " Australian Registered Ships"
I have a feeling they are saying that if your ship is Australian registered, you cannot fly another nationality flag or do anything else to hide that it is Australian registered.

It has nothing to do with foreign registered ships even it they are owned by Australian citizens/residents
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Old 27-11-2011, 04:11   #21
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Re: Sailing Yacht - Country of Registration

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Originally Posted by Wotname View Post

My understanding of the Shipping Act is unclear as to Australians owning and using yachts outside of Australia but it seems there would be no requirement to have it on the Australian register unless you plan to bring it into and Australia and then depart again.
The key thing seems to be that you have to be legally able to register the boat in it's flag country which is the international rule. This has been discussed and the relevant chapters cited in another thread a few years back.

If Aus expected payment of customs duty & GST upon registration rather than upon import, then I could imagine them trying to make rules about mandatory registration
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Old 27-11-2011, 04:21   #22
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Re: Sailing Yacht - Country of Registration

Kojiro why is your yacht vat exempt as new rules in greece the govt are insisting the vat be paid by the current owner even if he has had it vat exempt for commerical reasons when i purchased my yacht the owner was forced to pay the vat ie i had to pay it but it came of the amount of purchase price then the greek stamped bill of sale vat paid

one tip on purchasing in greece is make sure you have a min of 8 originals of bill of sales in both greek and english as they get used up and lodged in various greek stamping departments of Govt
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Old 27-11-2011, 04:36   #23
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Re: Sailing Yacht - Country of Registration

I bought my Catamaran in Fiji, Registered it in Victoria before I left to pick it up.
A whole $73-00 AUD for a years rego,
There was no duty payable under the free trade agreement as it was USA manufactured and I could prove it.
Australian registration is a bit of mystery thing and it is not compulsory,

It cost me 10 % GST on actual cost of what I paid for it on the day I paid for it.
Not when the Bill of sale was dated.
I also had to pay GST on the cost of bringing it to Australia. which was 200-00 Fiji dollars, about $100-00 Australian dollars. for food.
$151-000-00 USD for boat, plus food cost, $100-00 AUD

Total cost of GST approximately $14800-00 AUD

This was paid in full to Customs 3 weeks ago when I brought my Catamaran into Australia at Bundaberg Qld.
With Victorian boat Registration. I have a house in Victoria, Its also my home address.
It also cost me $330-00 AQIS fees.
And about $600-00 for the Termite inspection and Quarantine inspector to be there while the Termite inspection was carried out.

So Total costs involved for importing my boat to Australia was $15,730-00 AUD for a $151-000 USD vessel. Give or take $100-00 AUD.

Cheers.
Brian.
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Old 27-11-2011, 05:26   #24
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Re: Sailing Yacht - Country of Registration

  • It is an offence for an Australian-owned vessel to sail for a foreign port unless it is registered in the Australian Register of Ships.
  • Note: vessels purchased overseas by Australians are also required to be registered before they sail for Australia or another foreign country.
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Old 27-11-2011, 06:02   #25
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Interesting, Simon....

What does an Aussie do when buying a boat in a foreign port, wants to register it in Aust but cannot satisfy the bureaucratic requirement to show the complete ownership trail back to construction of the vessel?
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Old 27-11-2011, 06:11   #26
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Re: Sailing Yacht - Country of Registration

Quote:
Originally Posted by SimonV View Post
[*]It is an offence for an Australian-owned vessel to sail for a foreign port unless it is registered in the Australian Register of Ships.
Agreed
Quote:
Originally Posted by SimonV;826282[*
Note: vessels purchased overseas by Australians are also required to be registered before they sail for Australia or another foreign country.[/LIST]
I have never seen this aspect in the Shipping Act (but of course I might have missed it).

Do you have any reference to support this claim.
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Old 27-11-2011, 06:39   #27
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Re: Sailing Yacht - Country of Registration

most of the information is on the AMSA web site also for light reading Shipping Registration Act 1981
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Old 27-11-2011, 07:46   #28
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Re: Sailing Yacht - Country of Registration

As we know, pleasure crafts are not requiring registration (in Aus waters)
Quote:
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.

Quote:
Division 4óNationality and national Colours
29 Certain ships to have Australian nationality
(1) The following ships shall, for all purposes, be taken to be Australian ships and to have Australian nationality:
(a) registered ships;
(b) unregistered ships (other than ships required to be registered), being:
(i) Australian‑owned ships referred to in section 13;
(ii) ships wholly owned by residents of Australia or by residents of Australia and Australian nationals; or
(iii) ships operated solely by residents of Australia or Australian nationals or both.
(2) Nothing in subsection (1) shall be taken to alter the character of a ship as an article of personal property.
(3) In this section, unregistered ship means a ship that is not registered under this Act or under the law of a foreign country.
Sections 13 & 29 seem to me to make it clear that pleasure craft which are exempt from registration are not required to have Australian nationality if they are registered under the law of a foreign country.


If I am wrong then I must be breaking Australian law
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Old 27-11-2011, 08:04   #29
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Re: Sailing Yacht - Country of Registration

Quote:
Originally Posted by SimonV View Post
  • It is an offence for an Australian-owned vessel to sail for a foreign port unless it is registered in the Australian Register of Ships.
  • Note: vessels purchased overseas by Australians are also required to be registered before they sail for Australia or another foreign country.
simon you are talking a lot of tosspot bull **** you do not have a clue
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Old 27-11-2011, 09:24   #30
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Re: Sailing Yacht - Country of Registration

We are not Australian residents, but we are Australian citizens. Our boat is British-registered, as was our previous boat.

Where we are currently located there are other Aussies living onboard and cruising. One has his boat registered in the US and the other has his boat registered in France. None of them are Aussie residents, they are all expats.
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