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Originally Posted by StuM
A common misconception that I've run up against a few times, including with Border Force on trying to leave Australia on boats registered elsewhere and owned by an an Australian.
Shipping Registration Act 1981
In this section, unregistered ship means a ship that is not registered under this Act or under the law of a foreign country.
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17 (1) The Registrar must not:
(a) register a ship in the General Register if it is registered:
(i) in the International Register; or
(ii) under a law of a foreign country; and
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The devil is in the detail. A common mistake by people who do not have experience in reading legislation. Section 17 has a specific definition for unregistered ship, that definition applies to section 17 alone. What section 17 means is that if you have the vessel registered somewhere else, it cannot be placed on the Australian register. The definition of unregistered ship in section 17 does not apply to any other part of the act (specifically section 68 and 69). The definition is of an unregistered ship for any provision of the act that doesn't specifically redefine the term is as follows:
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unregistered ship means a ship entitled to be registered that is not registered.
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Section 68 and 69 require that a vessel that is entitled to be registered and isn't cannot leave
Australia for a foreign port (S68) nor a foreign port (S69). The term unregistered is above, the term registered means
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registered means registered under this Act in:
(a) the General Register; or
(b) the International Register.
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Vessels like yours are not required to be registered as a matter of course but if leaving Australia or a foreign port, then they are required to be registered under the
Shipping Act.
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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 but are subject to section 68 if they are unregistered ships.
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Vessels that are entitled to be registered are noted in section 14.
So in summary: A vessel under 24 metres etc is not required to be be registered. However it is entitled to be be registered. If the vessel leaves Australia or a foreign port is must be registered, and to be registered means to be registered under the Shipping Act. The discussion in section 17 simply means that you need to cancel your other country registration before the Registrar can register you in Australia.