Shipping Registry Act (No. 3 of 1985)

0. l. 2 3. 4 • 5 6 7 8 .9 !2 1985 Shipping Registry A..~AL Y SIS Title P}'-.RT I PRELIEINARY Short Title and coIT~encement Interpretation Act to bind the Crown PART II REG~STRATION OF SHIPS Registration Registrar of ships Register of ships Provisions relating to registration Port of registry Qualified person Registration of ships Government ships Application for registration Classification of ship before registration Entry of particulars in Register Registration Certificates Grant of registration certificate Custody of registration certificate New certificates and provisional certificates Provisional certificates for ships becoming entitled to be registered when abroad Change in ownership of ship or share Improp~r use of certificate Identification Marking qf ship Name of registered ship and change of name Power of Minister to disallow name proposed for ship 25. 26. 27. 28. 29. 30. 31. 32. 33. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45 46. 47 4 8. 49. Improperly assuming Cook Islands nationality Concealing Cook Islands nationality PART III TRA~SFERS, TR.~~S~ISSIO~S AKD MORTGAGES Interpretation Transfer of ship etc. Transmission of ship, etc. by operation of law Mortgage of ship, etc. Priority of mortgages Mortgage not to change ownership Mortgagee to have power of disposal Transfer of mortgage Transmission of 80rtgage by operatj.cn of law Discharge uf mortgase Powers of disposal by o\..·ner Equities not excluded PART IV ADMINISTRATION Registrar of ships Functions and powers 9£ Registrar Acting Registrar Delegation by Minister Delegation by Registrar Registration office Seal and Registration office and signature of Registrar PART V THE REGISTER OF SHIPS Cook Islands Register Inspection of register Obsolete or incorrect entries in Register Rectification of Register ~-----~~~~ ~~ r1Priral 2. 52. 53. 54. 5 5. 56. 5 7. 58. PJ..RT VI 59. Proceedinss on forfeit~re !--lI SCELL.A.I'--7:C:OU.S 60. Detention of ships Interpretation Liabilities of ships not re9istered Registered agent Altera~ions to ships Ship lost, etc o~ ceasing to be entitled to be· 62. 63. 6 4 . 65. registered 66. Power to inquire into owner- 67. ship of registered ship 68. Unregistered shies obliaed 69. to be registered.not to~leave Cook Islcnds 1985, No.3 Taking officers to sec False stateme~ts etc. 0ffences Joinder of chcrges and penalties :or ce~t2in offences ~arnicci~il ity of documents in evidence Review of certain decisions References in other laws Regulctio:ns Repecls and Revocation Schedules fa-..7 ~?;.ct to provide for the !:""eqistration of s:liDs 2.!""H5. c.12 matters related thereto (19 July 1985 BE IT ENACTED by the Parliament of the Cook Islands in Session a.ssembled, anc by the cuthori ty of the same, as follov:s: PART I 1. Short Title and Corrm1encement ( 1) This Act ;,,ay be cited cs the Shipping Registry Act 1985. (2) This Act shall come into operation upcn such date as the Minic~er may, by notice published in the Gazette, appoint. 2. Intercretation - In this Act, unless the context otherwise requires "Court" means the High Court; 11 Governrnent ship 11 means a ship that belcnss to the Go·,~e::.--7"::me::"lt or to an authority established by the Government or that is held by any person on behalf of, or for the benefit of, the government; 11 Minister" means the .Minister for Transpor-t; "National flag" means the National ensign of t:ie Cook Islc.;;ds; "proper officer" is a person appointed in \..'ritinq ;:;-,, the Registrar as agent; "qualified person" means (a) a person referred to in section 8 (a.) (bl a corporation referred to in 8 {b); 1985, N::l.3 Shipplng Registry 3. (b) every description of vessel used, or capable of being used, in navigation by water, but does not include a ship that is the lesser of, 35 metres in length or 200 gross registered tons; or a ship that is, in the opinion of the Registrar, of traditional build. "the Registertt means L~e Register of Ships referred to in section 5; Mthe Registrartt means the Registrar of Ships; nthe Regulations~ means the Regulations made under this Act; •this Actti includes the Regulations; titonnage certificate~. means a certificate of tonnage given under section 12. 3. Act to bind the Crown This Act shall bind the Crown but nothing in tnJ...S Act renders the Crown liable to be prosecuted for an offence. PART II REGISTRATION OF SHIPS Registration 4. Registrar of ships - There shall be appointed under the provisions of the Public Service Act 1975 a Registrar of ships. 5. Register of ships (1) The Registrar shall cause to be kept the Register or Ships, in such form as the Registrar determines. (2) The Registrar shall cause to be entered in the.Register parti­ culars of all ships registered under this Act and such other entries as may be required by this Act to be entered '.in the Register. 6. Provisions relating to registration - The following provisions shall apply to the registration or ships under this Act (a) the property in a ship shall be divided into 64 shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not rr,ore than 64 persons shall be entitled to be registered at the same time as owners of any ship but this provision shall not affect the beneficial title of any number of persons or of a company represented by or claiming under or through any registered o'w!ler or joint owner; (c) a person shall not be entitled to be registered as owner of a fractional part of a share in a ship bu·t any number of persons not exceeding five may be registered as joint owners of a ship or of any share or shares in the ship; (d) joint owners shall be considered· as constitution one person only as regards the persons entitled to be registered, ~nd shall not be entitled to dispose severally of any interest in a ship, in respect of which they are jointly registered; and (e) a corporation shall be registered as owner by its corporate name. 4 • Shipping Registry 1985, !'b.3 (a) a person who is a Cook Islander or a permanent resident of the Cook Islands, as these terms are found in the Entry Residence and Departure Act, 1971-72, or (b) a company incorporated pursuant to the Companies Act 1970-71 or an overseas company as defined in that Act, or (c) a company incorporated or registered as a foreign company under the Interna-tional Companies 19 81-8 2, or a partnership as defined and 1984. registered under the Intern2tion2l Partnership 1',-.-l-. '- L 9. Registration of Ships - h--:'1ere a ship, other than an exemot sh~=' 2-s not register-ea irf anot..!~er col:..ntry 2.:1G is o;,,n:.eC. 2.s to one or more sixty-forth shares .:Jy a person .:he is a sualified p-2rson either 10. (a) as defined by either subsection (a) er (b) of section 8 of this Act, that :;:,erson shall apply for registration of the ship under this Act; or (b) as defined by subsection (c) of section 8 of this Act, that perso:-i may apply for registration of the ship under this .::,ct. Government ships - The :ce<;wlatior:is may ;irovice for L'le regis t ration of Government ships. 11. Application for reqistration application for tJ1e registration of accordance wiL~ the regulations. Subject to tn1s Part, an a ship shall be made ir:i 12. Classification of shic .:Jefore recistration .-:.. shi;;i shall :-iot be registered unless and until (a) the international tonnage measurement certificate of the ship, (b) evidence that t..b.e ship l S currently in class- with one of the classification societies contained in Schedule 1, and (c) evidence of compliance with the inlernational maritime conventions contained in Schedule 2 have been lodged with the Registrar. 13. Entry of carticulars in :<egis'ter -'°The Registrar shall register a ship by entering in the Register suer particulars relating to the ship as are prescribed. 1985,No.3 Shipping Registry 5 Registration Certificates 14. Grant of reqistration certificate - Upon the registration of a ship under Section 13, the Registrar shall grant a registration certificate in respect of the ship, in the prescribed form, con­ taining the particulars entered in the Register relating to the ship and such other matters as are prescribed. 15. Custody of reqistration certificate - (1) The registration certificate of a ship shall not be used except for the purpose of the lawful navigation of the ship, and shall not be subject to detention by reason of a claim by an o~~er, mortgagee, charterer, operator or any other per-son to any title to, lien or charge on, or interest in, the ship.· (2) A person having possession or ·control of a registration certificate shall not fail, without reasonable excuse, to deliver the certificate on derr~nd to the person entitled to the custody of it for the purposes of the lawful navigation of the ship; or to the Registrar, a proper- officer, or any other person entitled by law to require its delivery. (3) If, in any proceedings in respect of an offence against tr.is section in relation to a registration certificate, the court is of the opinion that the certificate is lost, the court shall make an order to that effect and cause an office copy of the order to be served on the Registrar. (4) In this section, "registration certificate" includes a pro­ visional registration certificate. 16. New certificates and provisional certificates - (1) Where (a) a registration certificate is mislaid, lost or destroyed; or (b) a registration certificate is lodged with the Registrar; the Registrar shall, upon application made in the manner prescribed grant a new certificate in substitution of that certificate. (2) If (a) an event referred to in paragraph (l) (a) occurs while the ship concerned is at a foreign port at which there is a proper officer; or (b) such an event occurs while the ship concerned: is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at Cook Islands port, the ship arrives at a foreign port in which there is a proper officer, the proper officer at that port shall, subject to rhe regulations, grant a p~ovisional registration certificate in respect of the ship in accordance with the prescribed form. I 1 \ ;:;i ni-nuic::inn~l rt=:.ric.+-r~t-inn 6 • (bl Shipping Regist:(y 1985, No.3 the expiration of a period of 6 months commencing on·the date on which the certi­ ficate. was granted, whichever first happens. (4) Where a proper officer grants a provisional registration certificate under this section, he shall forward a copy of the certificate to the Registrar. (5) If, while a provisiorral registration certificate granted in respect of a ship under sub-section (2) is in effect, application is made in the manner prescribed, the Registrar may, by notice in ;..-riting served on the applicant, extend, in relation to the certificate, the period referred to in paragraph (3) (b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended. (6) The person who has possession of a provisional registration certificate granted under· sub-section (2) shall, within 30 days after the grant, lodge the certificate with the Registrar. (7) Upon lodgement of a provisional registration certificate under sub-section (6), the Registrar shall, in his discretion (a) grant a further provisional registration certificate in respect of th~ ship; or (bl grant a new registration certificate in respect of the ship. (8) A provisional registration certificate granted under para­ graph (7) (a) has the sarne effect as a registration certificate for such period after the ciate on which the certificate was granted as the Registrar SFecifies in the certificate. 17. Provisional certificates for ships becoming entitled to be registered when abroad - (l) If (a) while a ship is at a foreign port at which there is a proper officer, it becomes a ship entitled to be registered; or (bl while a ship is at sea or at a foreign port at which there is no proper officer it becomes a ship entitled to be registered and, sub­ sequently, but before. arriving at a Cook Islands port, it arrives at a foreign port at which there is a proper officer, the proper officer at that port may, subject to the regulations, grant a provisional registration certificate in respect of a ship in accordance with the prescribed form. (2) Subject to sub-section (4) a provisional registration certificate granted in respect of a ship under this section has the same effect as a registration certificate, and, for ~he purpose of this Act and of the lawful navigation of the ship, the ship shall be deemed to be registered, until 1935, N::i.3 Sh ipping Re-g·istry 7. (3) Where a proper officer grants a provisional registration certificate u nder this section, he shall forward a copy of the certificate to the Registrar. (4) If, while a provisional registration certificate granted in respect of a ship under sub-section (1) is in effect, appli­ cation is made in the manner orescribed; the Registrar may, by notice in writing served on the applicant, extend in relation to the certificate the :;:;;eriod referreq to in paragraph (2) (b) and, in that event, the reference in that paragraph to a period of 6 months shall be read as a reference to that period as so extended. (5) The person who has possession of a provisional registration certificate granted in respect of a ship under sub-section (1) shall, within 10 days after the ship first arrives at a Cook Islands port after the grant, lodge the certificate with the Registrar .. (6) Upon lodgement of a provisional registration certificate under sub-section (5), the Registrar may grant a further provisional registration certificate in respect of the ship. (7) A provisional registration certificate granted in respect of a ship under sub-section (6) has the same effect as a registration certificate for such period after the date on which the certificate was granted as the Registrar specifies in the certificate and, for the purposes of this Act and of the"lawful 0 avigation of the ship, the ship shall be deemed to be registered during that period. 18. Chance in ownershio of shic or share - (1) Where a change occurs in the registered ownership of a ship or a share in a ship, the person having possession of the ship's registiation certi­ ficate shall, in such manner, and within such time after the change occurs as are prescribed, lodge the certificate with the Registrar, together with a statement in accordance with the regulations setting out par~iculars of the change. (2) As soo:1 as certificate 2nd pr2.ct.ic2.Dle statement, after lodgement of the registration the Registrar shall endorse on the certificate, and enter in ~he Register, particulars of the change of ownership. 19. Imcrocer use of certificate - A person who, in relation to a ship, whether or not it is a registered ship, uses, or ~ermits the use of, a registration certificate, provisional registration certificate or temporary pass not legally granted and in force under this Act in respect of the ship is guilty of an offence. Identification 20. Markinq of shic - (1) A ship shall it has been marked in accordance with the not be registered reyulations. until (2) Subject to sub-section (3}, a person shall not conceal, remove, alter, deface, or obliterate, or suffer any perscn under his con-trol to conceal, remove, alter, deface, or obliterate, any marking that is on a registered ship in accordance wi~h the regulations. 8. Shipping Regi.stry 1985, No.3 21. Name of reoistered ship and chance of name - (1) A person shall not describe a registered ship by any name other than the name by which the ship is for the time being registered. (2) Subject to this Act, application may be made to the Regis­ trar, in the manner prescribed, for a change in the name of a registered ship. (3) If (a) the name proposed for a ship.in an application for the registration of the ship; or (bl the new name oroposed for a registered ship in an applicatio~ u;der sub-section (2), is a prescribed name, or a name included in a prescribed class of names the Registrar shall disallow the name. (4) (2) Where the Reoistrar ~ ' grants an application under sub-section (a) he shall cause the new name to be entered in the Register and endorsed on the ship's registration certificate; and (b) this section shall apply in relation to the marking of the new name on the ship as if the ship had been registered by that nume. 22. Power of Minister to disallOi,' name pro'.:Josed for shio - The Minister may, by notice in writing given to the Registrar, disallow the name proposed for a ship in an application under section 21(2) if the Minister is of the opinion that the description of the snip by that name is likely to prejudice the international relations of the Cook Islands. Nationality and National Colours 23. Nationality - Registered ships shall, taken to be Cook Islands ships and to have for all purposes, be Cook Islands nationality. 24. National colours - (1) It is hereby declared tJ-iat the national colours for Cook Islands ships are the national ensign as described in the Constitution of the Cook Islands. (2) A person shall not, in relation to a ship required to be registered that is not registered, use, or permit the use of, the national ensign. · (3) Where, in relation to a ship, there is a contravention of, or failure to comply with, a provision of this section, the master and owner of the ship are each guilty of an offence. (4) Upon application made in the manner prescribed by the owner or operator of a ship to which section 23 applies, the Registrar shall grant to the applicant a certificate stating that the ship is entitled to fly the national ensign in accordance with this section. (5)· A certificate granted under sub-section (4) is, for all nnrnnc::Pc: r.rirr.::i ,=;:::;r-iP P'7irlonr-c nf" +-h;::::, -f;::.r-+-c: c:+-.:=;t-i:=,(7 t-hPrr-,in 1985, N:i.3 Shipping Regist~y 9. 25. Imcroperly assuminq ~ook Islands nationality - If, except for the purposes of escaping capture by an enemy, the master or owner of a sh~p that is not a Cook Islands ship does anything, or permits anyt~ing to be done, for the purpose of causing the ship to appear to be a Cook Islands ship, the ship is subject to forfeiture under this Act, and the master and owner are each guilty of an offence. 26. Concealinq Cook Islands nationality - If, except for the purpose of escaping capture by an en~my, the master or owner of a Cook Islands ship does.anything, or permits anything to be done, for the purpose of (a) concealing the nationality of the snip from any person entitled by a law of the Cook Islands to inquire into the nationality of the ship; (b) deceiving any such person; or (cl causing the ship to appear not to be a Cook Islands ship,· the ship is subject to forfeiture under this Act, and the master and owner are each guilty of an offence. T.RJl.N SFERS, TRP ... NS.MI SSIONS A.lm MORTGAGES 27. Interoretation - In this Part, "ship" means a registered ship. 28. Transfer or a share in in accordance of shi c, etc. - ( l) Subject to section 2 9 a sr-iip a ship shall be transferred by a bill of sale made with the Regulations. (2) Where a ship or a share in a ship is so transferred, the Registrar shall, as soon as practicable after the lodgement of ~he bill of sale ~ogether with a declaration of transfer made by the transfertc'e uncer sub-section ( 3) , register the bill of sale by entering in the Re0ister the name of the transferee as owner of the ship or share a;id shall endorse on the bill of sale the fact of the entry having been made, together with the date and time of the making of the entry. ( 3 ) A "de C la r a ti On (2) shall be made include of transfer for the purposes of sub-section in accordance with the Regulations and shall (a) a statement specifying, where the transferee is a body iorporate, the country in which it was incorporated; and (b) a ~tatement that, to the best of the knowledge an3 belief of the person making the declaration, th~ shic concerned will ~ot cease to be a Cook Islands-owned ship by reason only of the tr3nsf2r .. (4) Eills of sale, locged under this section shall be registe;red 1 0. Shipping Registry 1985, No.3 soon as practicable after the lodgement of a declaration of transmission made ·by that person under sub-section (2), together with such evidence of the transmission as is prescribed, enter in the Register the name of that person as owner of the ship or share. (2) A declaration of transmission for the purposes of sub­ section (1) shall be made in accordance with the Regulations and shall include (a) a statement specifying, where the person is a body corporite, the cou!1try in which it wa.s incorporated; and (bl a. statement that, to the best of the knowledge and belief of the person ma.king the declatation, the ship concerned will not cea.se to be a Cook Islands owned ship by :::-eason only of the trans­ mission. 30. Mortaaqe of shio, etc. - (1) A ship or a. share in a. ship may be made a. security for the discha.rge of an obligation by way of mortga.ge under this Act. (2) The instrument of such a. mortga.ge shall be made in accordance with the Regulations. (3) As soon a.s practicable after the lodgement of a mortgage instrument so made, the Registrar shall register the mortgage by entering particulars of the rnor~gage in the Hegister and shall endorse on the instrument the fact of the entry ha.vi~g been made, together ~ith the date and time of the makins of the entry. (4) Mortgage instruments lodged under this section shall be registered in the order of their lodgement. 31. Priority of mortgaoes - Where two or more mortgages are registered in respec~ of the same ship or share in a ship, the priority among the mortgagees is in a.ccordance with the order of registration of the mortgages, irrespective of the dates upon which they were made or executed and notwithstanding any express, implied or constructive notice. 32. Mortoa.ce not to cha.nqe ov.'Tlershio - A mortgage of a ship or of a share in a ship does not have the effect of the mortgage becoming, or the mortgagor ceasing ·to be, owner of the ship or share except to the extent necessary to make the ship or share available as a security under the mortgage. 33. Mortqaqee to have power of disoosal - A mortgagee of a ship or of a. share in a ship has power absolutely to dispose of the ship or share and to give effectual recei~ts in re£pect of the disposal, but where there are two or rn0~e mortgages of the same ship or share, a subsequent moitgagee Ehall not, except under the order of the High Court, dispose ol the ship or share without the conient of every prior mortgagee. 34. Transfer of mortqaqe - (1) A mortgage of .:i ship or of a share in a s:-1i::i mav be t:ransferred bv c7 inc:trnmeont nf tr;anc:fpr 1985, l-b. 3 Shipping Fegistry 11. 35. T1ansmission of mortqaqe bv operation of law - Where the interest of a mort~agee in a mortgage of a ship or of a share in a ship is transmitted to a person by any lawful means other than by a transfer under section 36, the Registrar shall, as soon as practicable after the lodgement of a declaration of transmission made by that person in accordance with the regulations, together with such evidence of the transmission as is prescribed, enter in the Register the name of that per.son as mortgagee of the ship or share. · 36. Discharqe of mortaaqe - Where a mortgage is discharged, the RcCiistrar shall, as soon as .practicable after the lodaement of th~ mortgage instrument, to~ether with such evidence ;f the dis­ charge of the mortgage as is prescribed, make an entry in the Register to the effect that the mortgage has been discharged and, on that entry being made, any interest of the mortgagee under the mortgage vests in the person in whom, having regard to any inter­ vening acts and circumstances, it would have been vested if the mortgage had not been made. 3 7. Powers of disposal by owner - The Oi,mer of a ship or of a share in a ship has power, subject to this Act and to any rights and powers appearing in the Register to be vested in any other person, absolutely to dispose of the ship or share and to give effectual receipts in respect of the disposal. 38. Eauities not excluded - Subject to sections 33 and 37, beneficial interests may be enforced by or again~t the owner or mortgagee of a ship or of a share in a ship in respect of his interest in the ship or share in the same manner as in respect of any other personal property. P.DHINISTRATION 39. Registrar of ships - The Registrar of Ships shall be an employee of the Department of Trade L2bour .Transport. 40. Functions and oowers of Registrar - (1) In addition to the functions conferred by other provisions cf this Act, the functions of the Registrar are to maintain the Register and, for that purpose .c. (a) to receive and record all information and docu~en~s required or permitted to be lodged with the Registrar undei this Act; (bl to ~ran~, issue, varv or revoke such certificate and~other documents ~s are required or permitted to be granted or issued under this Act; and (c) to issue copies of, and ~xtracts from, anj such certificates and other docu~~nts and entries in the Register. (2) The Registrar has power to do all things necessary or con­ venient to be. done for or in connection ;...,i th, or as incidental to, the performance of his functions ii eluding, but without limiting the yeneral i ty of the forc::goii.g, such po;...•ers for and in =---=-~ ~1-,,.... +,,...-.-.~,-'h~nn rf inf,.-.,,.-rr,:::if-inn ;=; n(1 0.nr11mPnts 12. Shipping Registry 1985, fu.3 41. Actinq Registrar - (1) There may-be appointed an officer of or employee in the Cook Islands Public Service to act as Registrar during a vacancy in the office of Registrar or whether or not an appointment has previously been made to the office. (2) 1'.n appointment of a person under suh-section ( 1) may be expressed to have effect only in such circumstances as are specified in the instrument of appointment (3) While a person is acting as the Registrar under this section, he has and may exercise al;L the powers, and shall perform all the functions and duties, of tne Registrar under this Act or any other law. (4) The validity of anything done by a person purporting to act under this section shall not be called in question on the ground that the occasion for his appointment has not ariser., that there is a defect or irregulari ty in or in connectioTl with his appointment ::.hat the appointrr,ent had cec.sed to have effect o::- tr,at the occ2.sion for him to act had not arisen or had ceased. 42. Deleaation bv Minister - (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of or employee in the Cook Islands Public Service any of his powers under this Act, other than this power of delegation. (2) A power so delegated, when exercised by the delegate shall for the purposes of this Act, be deemed to have been exercised by the Miriister (3) A delegation under this section does not prevent the exercise of a power by the Minister. 43. Deleaation bv Reqistrar - (1) The Registrc,r may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to an officer of or employee in ::.he Cook Islands Public Service any of his powers under this Act, o-::.her than this power of delegation. (2) A powe::- so delegated, when exercised by the delegate shall, for the purposes of this Act, be deemed to have been exercised by t.J1C;: Re:g2.str2r (3) A delegation under this section does not preverrt the exercise of a power by the Registrar. Reqistr.::tion Office - ( l) For the purposes of this Act (a) there shall be a Cook Islands Shipping Registration Office; and (bl the Minister may, by notice published in the Gazette, establish.branch offices of that office .. (2) The Registration Office, and the branch office esta~lished under p2.::-agr2ph (1) (b), shall be at such respective places as are determined by the Minister by notice published in the Gazette. 1985, N:l.3 l3. 12) All courts,· jtidges and persons a~ting judicially shall take judicial notice of the seal of the Registration Offic~ affixed to a document and shali presume that it was duly affixed. (3) Where a signature on a document purports to be the signature of the Registrar or of a person empowered to sign the document by virtue of a delegation under section 45 ·it shall be presumed, until the contrary is proved, that the signature is that of a person who, at the relevant time, wa~ holding or performing the duties of, the office of Registrar or was so empowered to sign that docQment, as the case may be. PART V THE REGISTER OF SHIPS 46. Cook Islands Reoister of Ships - (1) All rr.atters required or permitted by this Act shall be entered in the Register. (2) The Register and copies of the Register, or of such part or parts of the Register as the Minister directs, shall be kept at such places as the Minister directs. 47. Insoection of Reoister - A person may on payment of the pre­ scribed fee, inspect the Register at any reasonable time during the hours when the Registration Office 1 or branch office, as the case may be, is open for business and, on payment of the prescribed fee, is entitled to be furnished with a copy of or extract from any entry in the Register. 48. Obsolete or incorrect entries in Reqister - (l) Where (a) in relation to a particular ship, no entry or a□endment of an entry has been made in the Register for such period as is prescribed for the purposes of this section; and (b) the Minister has reason to suspect that (i) (ii) (iii) anv carticulars entered in the Reoister in~r~lation to the ship, other thin particulars relating to a mortgage, are incorrect; or in relation to the ship, any notice, information or docwnent in relation to which an entry in the Register is requized by this Act to be made has not been lodied with the Registrar within the period referred to in paragraph (a); or the ship has been lost (whether actually or constructively), taken by an enemy, burnt or broken u·p, the Minister may, by notice in writing served on the registered agent or any owner of the ship, require him to furnish to the Minister, within a specified period (not being 1 ss than 30 days) after the d~te of service of the notice, such in ormation and documents relating to the ship as are specified n the notice. (2) If 14. Shippinq Registry (bl upon the furnishing of any. inforrnat20~ and documents in pursuance of such a noiice, the Minister is of the opinion that the circum­ stances justify his so doing, 1985, rb.3 the Minister may, by notice in writing give the Registrar such direction as he thinks fit with respect.to the closure of the cegistration relating to the ship or with respect to any entry or amendment of an entry to be made in the Register. (3) The Registrar sh2.ll comply with a directic,n given under sub­ section (2) and, where the Minister directs the closure of the registration relating to a ship 4 9. (a) if the Minister states in the direction that he is of the □?inion that the ship las been lost (whether actually or constructively), taken by.an enemy, burnt or broken tp - the Register of that statement, and the registration of the ship sh~ll thereupon be deem€d to be closed except so far as it relates lo anv unsatisfied mortgage of the ship; or (bl in any other case, section 56 appli~s as if the ship had ceased to be entitled to be registered and the direction were a notice under sub-section 56 (1) sta"ting tha~ fact. Rectification of Reaister - (1) If {a) an entry is o:nitted from the Register; (b) an entry is made in the Register without sufficient cause; (c) an entry wrongly exists in the RegiEter; or (d) there is an error or defect in an entry in the Register, whether or not by reason of a decision of an officer (including a decision that the officer was erirpowered by this Act to make) a person aggrieved or the Register may apply to the High Court for rectification of the Register, a~d the Court may make such order as it thinks fit directing the rectification of the Register. (2) Without limiting the generality of paragraph (1) (a'), the reference in that paragraph to an entry omitted from the Register shall be read as including a reference to a 8atter that is required or permitted by this Act to be entered, or to remain, in the Register, but is not entered in, or is removed from, the Register. [3) A Court may, in proceedings under this section, decide any ~uestion that it is necessary or ~xpedient to decide in connection ;ith the rectification of the Register. (4) Notice of an application under this section by a person Jggrieved shall be served on the Registrar, who may appear and ~e heard, and shall appear if so directed by the Court. 1985, No.3 Shipping Registry 15. 50. Correction of clerical errors in Register - The Reqistrar may correct, or cause to be corrected, any clerical error or obvious mistake in the Register. 51. False entries in Reqister - A person shall not wilfully make or cause to be made a false entry in the Register. PART VI 52. Interpretation - In ibis Part "owner 11 1 except in sections 54 and 63, means in relation to Cook Islands owned ship - the registered owner of the ship; "unreoistered ship" neans a ship not registered under this Act or under the law of a foreign country. 53. Liabilities of shios not registered - (1) to be registered that is not registered A ship required (a) shall not be recognized as a Cook Islands ship; and (bl is not entitled to any benefits, privileges, advantages or protection usually enjoyed by a registered ship. (2) For the purpose of any law of the Cook Islands providing for (c.) the payment of fees or other charges; (b) the lic.bility to fines and forfeiture; or (c) the 01.:mishrnent of offences corrunitted on board a ship, or by any person belonging to 2 ship, a ship to which sub-section (1) applies shall be dealt with in the same m2.nner in all respects as if the ship were registered. 54.. Reoistered Aqent - ( l) There shall be entered in th e Register in respect of every registered ship the name and address of the person who is, for the time being (a) tne managing owner; or (bl in the case of a ship without a managing owner, the ship's agent or other·person who has the management of the ship. (2) Where a chanJe occurs in the person, or the address of the person, referred to in sub-section (1) in relation to a .registered ship (a) the O1,;:-:er of the ship; or 16. Shipping Reg1stry 1985, N:::i.3 55. Alteration.to shies - (ll Where a registered ship is so altered as not to correspond with the particulars relating to the ship's tonnage or descriction contained in the Reaister the registered agent shall glve notice of the alteration, i~ such manner, and within such time, as are prescribed (a) if the alteration is made at- a foreign port at which there is a proper officer - to the proper officer at that port; or (bl if the alteration is made outside the Cook Islands while ·the ship is at sea or at a foreign port at which there is no proper officer and, subsequently, but before arriving at a Cook Islands port, the ship arrives at a foreign port at which there is a proper officer to the proper officer at the first such port (cl (dl (el at which, the ship so arrives; or in any other case - to the Registrar, and where a notice of alteration is so given to a proper officer - the proper officer shall, subject to the Regulations, grant a provisional registration certificate in respect of the ship in accordance with the pre~cribed form; or where a notice of alteration is so given to the Registrar - the Registrar shall, subject to Part II, enter the alteration in the Register in accordance with the regulations and grant a new registration certificate in respect of the ship. (2) Subject to sub-section (~), a provisional registr2:tion certificate granted in respect of a ship under sub-section hes the same effect cs a registration certificate until (c) the ship 2:rrives inc Cook Islands port; or (bl the expiration of the period of 6 months corrunencing on the date on which the certificate · .... ~2s granted, whichever first happens. ( l l (31 Where a proper officer grants a provisional registration certificate under this section, he shall forw2:rd a ~opy of the certificate to the Registrar together with a statement in accordance with the Regulations setting out particulars relatipg to the grant of the certificate. (4) If, while a provisional registration certificate granted in respect of a ship under sub-section (ll is in effect, application is made in the manner µrescribed, the Registrar m2:y, by· notice in writing ierved on the applicant extend, in relation to ~he certificate, the period referred to in paragraµh (2) (b) and, in that event, the reference in that paragraph to a period of 6 months shall be riad as a reference to that period as so exten,~ed. (5) The person who has possession of a provisional reg.stration 1985, l'b.3 Shipping Registry 17. (6) Upon lodgement of a provisional registration certificate under sub-section (5), the Registrar shall,- subject to Part II, enter the alteration in the Register in accordance with the regulations and grant a new registration certificate in respect of the ship. (7) Where the notice is not given in respect of a ship within a particular time as required by sub-section (l), the obligation to give notice as required by that sub-section continues, not­ withstanding that that time has passed, until that notice is so given. (8) Where a notice is not gi1/en in respect of a ship as required by this section, the owner of the ship is, in respect of each day during which the notice is not so given (including the day of a conviction under this sub-section or any subsequent day) guilty uf an offence. 56. Shio lost, etc, or ceasino to be entitled to be reqistered (ll :InLl-ie event of a registered ship (a) being lost (. ..-hether actually or constructively), taken by an enemy, burnt or broken up; or (b) ceasing LO be entitled to be registered, the owner of the ship shall, immediately after. obtaining knowledge of the event, unless notice has already been given to the Registrar under this sub-section, give notice in writing of the event to the ~egistr2r. (2) Where the Registrar receives a notice under sub-section (l) relating LO a ship, he shall make an entry in the Register of the ovent to which the notice relates. (3) Where an entry has been made in the Register under sub­ section ( 2) in respect of a ship (al if the entry is in respect of a ship that has been lost (whether actually or constructively), taken by an enemy, burnt or broken up - the registration of the ship shall be deemed to be closed except so far as it relates to any un­ satisfied mortgage of the ship; and (b) if the entry is in respect of a ship that has ceased to be entitled to be registered - the registration of the ship shall, subject to lhis section, be deemed to be closed. (4) Where a ship, in relation to which the Registrar has received a notice under sub-section (1) st~ting that the s~ip has ceased to be entitled to be registered, is subject t6 an unsatisfied mortgage or mortgages (al. th~ registration of the relates to the mortgage subject to sub-sections deemed to be closed; and ship, so far as it or mortgages, shall, ( 5) and ( 6) , not be .j.. ..:; ,,... ..... 18. Ship?inq Registry (5) Subject to, this section, 1,,..•here the Registrar gives 2 notice under sub-section (4) to the mortgagee or mortgagees of a ship, the registra.tion of the ship, so far as it relates to the mortgage or mortgages, shall be deemed to be closed at the expiration of a period of 60 days after the date of the notice. 1985, No 3 (6) Where a mortgagee who has received .a notice under sub-section (4) makes an application to the High Court within the period of 60 days after the date of the notice or within such extended time as the Court, on application made either before or after the expiration of that period; allows, the Court may do all or any of the following namely (a) order that the ship and the ship's equipment be sold; or (b) make such other orders for and in relation to the distribution of the proceeds of the sale as it thinks fit; and (c) make such orders and give such directions with respect to the closure of the registration of the ship as it thinks fit (including in the case of an application for an extension of time, an order that the registration shall not be deemed to be closed for such period as the Court determines) (7) Notice of an an cpp:icction for Registrar. application made under an extension of time) sub-section (6) (includes shall be served on the (8) An order under sub-section (6) may be on such terms and conditions as to costs and otherwise as the Court thinks fit. (9) The Registrar shall give effect to any orders and directions given by the Court under this section so far as they relate to the Register .. (10) Where the registration of a ship is closed or deemed to be closed under this section, the person having possession of the regist~ation cer~ificate or prov~sioncl regis~r2ticn certif~cate relating to the ship shall deliver the certifica~e to the R~g'c~r=r in accordance ~ith the regulations. (11) Nothirig in this section shall take LO prejudice any rights of a mortgagee existinq apart from this section. 57. Power to inauire: into ownershio of registered ship - (i) \•;here the Minister has reason to suspect that a registered ship is not entitled to be registered, he may, by notice in writing served on the registered agent of the ship, require him to furriish to the 1·1inister, with ill, a specif icd peri•::Jd (not beinq less tha::1 30 days) after the date cf se~vice of the notice, evidence of the own~rship of the ship. (2) If the re~istered agent of a ship on whom a notice s served under sub-secticn (l) fails to furnish to the Minister, w thin the period spec: ficd ,in the notice, evide:·,ce LO the satis action ~ ~h- u,-,~~~y ~h=~ ~hn chin ic Pn~i~,~~ ~n h~ TPnic~PTP . the 1985, t-0. 3 Shipping Registry 58. Unreqistered ships obliged to be reqistered not to leave the Cook Islands - (l) An unregistered ship obliged to be registered shall not depart from a Cook Islands port to a place outside the Cook Islands. (2) The master and owner of a ship that departs from a Cook Islands port in contravention of sub-sec~ion (1) are each guilty of an offence. (3) A Collector of Customs shall not grant a Certificate of Clearance in respect of an unregistered ship enLitled to be registered that is about to depart from a Cook Islands port to a place outside the Cook Islands. · 59. Proceedin--=:s on forfeiture - ( l J Where a ship is subject to forfeiture under this Act an officer may seize and detain the ship and the Minister may apply to the High Court for an order under sub-section ( 2) . (2) Upon aoolication being made under sub-section (1) in relation to a ship, the Court may order the ship and its equipment to be forfeited to the Cook Islands Government. (3) .. Zs .. nything forfeited uncer this section becomes the property of the Cook Islands and may be sold or otherwise dealt with as the Minister thinks fit. (~) In this section, "officer" means (a) an officer or employee of the Cook Islands appointed by the Minister by writing signed by him to be an officer for the purpose of this section; or (b) a menilier or temporary member of the Cook Islancs Police. 60. Detention of shies - ( l l h'here it is provided by this .::i.ct that a ship may be detained, the ship may be detained by an officer as defined in section 59. (2) Where a ship detained under this Act goes to sea before it is released from detention by a competent authority, the owner and master of the ship are each guilty of an offence. (3) A Collector of Customs shall not Clearance in respect.of a ship ~hat is grant a Cert if i ca f·e detained under this of Act. 61. Taking officers to sea - If an officer is taken to sea in a ship witho.ut his consent, the' master and owner are each guilty of an orrence and, in addition to any penalty for that offence, are jointly anJ severally liable to pay all expenses incidental t0 the officer's return. 62. False statements, c'tc.- (1) A person who, by means of a statement-that he knows· o be false or misleading, or by means of a document that to hi.; knowledge contains information that is false or misleading, t·auses, or attempts to cause, an officer to do, or refrain f1om dr,jng, any act or thing in the exercise of powers, or the perforr ance of duties or functions, under this Act is guilty of an offe1 ce. 20. Shipping Registry 1985, N:::i.3 (b) present to an officer a statement in ~riting, knowing it to be false or misleading in a material particular. (3) For the purl:-)Oses of the application 0£ this section in relation to a corporation, but without prejudice to the liability of any person other than the corporation· (a} a statement made, or presented, or othen.ise used, by a person acting on behalf of the corporation, s~all be deemed to have been made, presented or otherwise used by tlle corporation; and {b) the kno,.,ledge of any person employed by, or concerned in the :m.a.nage..-:ient of, the corporation shall be deemed to be knoi.dedge of the corporation. 63. Offences - (1) A. person ;.•ho contraveries or fails t-n co:::u:ilv "'-. i th section; 15 (1 l ~ff ( 2) , 16 ( 6 ) .! 1 7 ( 5 ) , 1 8 ( 1 ) , 19 , 2 0 ( 2 ) , 21 ( l ) , 2 3 ( 1) , 24 (3), 51, 54 (2), 5::, (::,), 56 (l), ::,6 (10) is guilty of an offence. (2) ¼~ere the oi.,,ner of a ship is guilty of an offence asainst sub-section 20(2), 24(3), 26, 55(8), 56(1), or 61 the person 1,.:ho is the registered agent of the s:iip by virtue of sectio:1 54 (1) [a) or (b) shall be deemed to be also guilty of that offence and is punishable accordingly. {3} Except where a provision of this Act other,,.,ise provides, ~he punishment for an offence against this Act is (a) if the offender is a natural person, a fine not exceeding $2,000; or (b) if the offender is a body corporate, a fine not exceeding $5,000. (4) An offence against section 19, 20, 26, or 62 ( 1) is an offence and is punishable on conviction (a) if the offender is a natural person, by a fine not exceeding SS,000; or (bl if t~e offender is a body corporate, by a fine not exceeding $20,000. (5) hnere a corporation is guilty of an offence against this Act, a director, rr~nager, secretary, or other officer of the corporation "''ho is in any -..ay by act or omission directly or indirectly, knowingly concerned in or party to the offence, shall be dee~~d to be also guilty of that offence and is punis~able accordingly. 64. Joinder of charaes and oenalties for certain offences (1) Charges against the sar-...e person for any nur..ber of offe:-ices against s~ction 20 (2) or 55 (8) may be joined in the same inforr.:i .• tion o~ complaint if those offences relate to a fail~re to do t~e sa~e act or thing. (2) lf a ~erson is convicted of two or more offences referred to in sub-section (l), being offences related to a failure to do t,e c-:..::=tr.-~.o ;::::ir-+- nr t-h;nr, +h,=,,. r-n11rt- m::::i,, ;r.irtr'\c,::::,. ,-......, ei. ,.....c.r.".::11+--, 7 ;~ r.oc-T'"'l.o.r"°t- if 1985, N::J.3 Shipping Registry 21. 65. Admissibility of documents in evidence - (1) A document declared by this Act (including sub-section (4) to be admissible in evidence is, on mere production, admissible in evidence in any proceedings as prima facie evidence of any matter stated in the document in pursuance of this Act or in pursuance of any duty under this Act and of the fact that it was signed bv the person by whom it purports to be signed. (2) The Registrar may, subject to this ."-.ct, supply copies of, or extracts from, any entry in the Register or any document forming part of or associated with the Register, and certify them by writing signed by him and sealed with the seal of the Registration Office. (3) A document purporting to be a copv or extract supplied under sub-section (2) is ad;-;-iissible in evider1ce. Review of certain decisions Applications may be made to Lhe High Court for review of (a) a decision of 17(4), 17(6), the Registrar under 55(.3), 55(4); or sections 1 6 ( S) , (b) a cecision of a proper officer uncer section 17(1). 67. References in other laws - In any law of the Cook Islands (other than a law declared by the regulations to be a law to which this section does not apply) or any instrument (inclucing rules, regulations or by-laws) having effect uncer such a law, except so rar as the context otherwise requires (a) a reference, however expressed, to a shin re9istered in the Cook Islands shall be read as a reference to a registered ship; and (bl a reference, however expressed, to the certificate of registry of a ship shall be read as a reference to the registration certificate, or provisional registration certificate, as the case may be, of the ship; and (c) a reference, however expressed, to the port of registry of a ship registered in the Cook IsJands shall be read as a reference to the home port of a registered ship selected or changed in accordance with the regulations. 68. Regulations - (1) The Queen's Representative may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to this Act. (2) r,-Jithout limiting t:'le generality of sub-section (1), the regulatio~s may make ~revisions for and in relation to~ (a) the m2nner in which, and the time within which, ipplications under this Act are to be made; 22. Shipping Registry (cl the keeping of the Register and copies of the Register, or a part or parts of the Register; (d) the entries to be made in the Register; (e) the manner in which, and the time within which, documents and information are to be lodoed, including provision empowering the Regi;trar 1985, N::J.3 (i) to direct a oerson who has lodoed, or is seeking to ledge, any document-or information to do such t~ings as are necessary to ensure that it is in accordance with the rcguirements of this J..ct; and (ii) to treat any document or information as not having been lodged until it is in accordance with the requirements of this Act; (f) the registration (\..'nether by way of entry in the Register or other..,,ise) of documents 2nd information; (g) the re-registration of ships entitled to be registered, the registr2tion of which under this Act, or under the previous 12.w, has been closed; (h) the registration of Government ships; ( i) the closure of the registration of ships; ( j) the qualifications required of, and other requirements relating to, registered agents; (k) the verification, by statutory declar2tion, of information and documents required for the purpose of this .b.ct; ( U the retention or return by the Registrar of documents lodged in accordance with this Act; (ml the selection and change of home ports for registered ships; (n) the matters to be recorded or endorsed on registration certificates, provisional registration certificates, and t~mporary passes; (o) the m2rking of shtps for the purposes of section 20 (p) the making of any declaration or tJ-ie doing of any­ thing required or permitted by this Act to be made or done in the name and on behalf of a person incapable ·of making such a declaration or doi·ng any such thing by reason of infancy, lunacy or other discjility; (qi the m2nner in which instruments, notices, and other documents under this Act may be given to, or served on, persons; 1985, Nu.3 Shipping Registry (s) the imposition and recovery of fees in respect of (i) the making of applications under this Act; (ii) the lodging and registration of documents or information; (iii) the registration and re-registration of ships; (iv) the issue of registration certificates, provisional registration certificates, and temporary passes; and (v) the supplying of copies of, or extracts from, entries in the Register or documents forming part of, or associated with, the Register; (t) the conduct of any business relating to the Registration Office; (u) the declaration of specified documents, or of documents included in specified classes of documents, to be admissible in evidence for the purpose of section 10; 2 3. (v) the form of any instrument, notice, or other document permitted or required to be issued, furnished, lodged, or registered for the purposes of this ~~ct.; (w) the provision of radios on ships and all matters relating thereto, whether or not such ships are registered under this Act or are cxerncted under section 2; 2nd (x) any matter incidental to or connected witt any of the fore~oing. (3) The Regulations may provide that a specified provision of this Act do~s not apply, or applies with specified modifications in relation to Government ships. (4) The power conferred by sub-section (3) to make modifications ~y regulations includes the power to limit any ~atter or 2dd 3nv new matter. (5) The regulations may provide, in respect of any offence against the Resulations, for the imposition of a fine not exceeding $500. (G) The power tb make regulati6ns conf~rred by tnis Act shall not be:, taken, by imp· ication, not to include the power to make provisic,n for or in relati(,;, to a matter by reason only c,f the foct tlDt (a) prov ii ion is made by this Act in relation to that ratter or another matter; or 24. Shipping Reqistry 1985, l~.3 ( 7) The power -to make regulations conferred by this Act may be exercised (a) in relation to all cases to which the power extends, or in relation to all those cases subject to specified exceptions, or in relation to any specified cases or classes, or case; and (b) so as to make, with respect to the cases in relation to which it is exercised, the same provision for all those cases or a different provision for different cases or classes of case 69. ReP"';:;is and Revocation (1) The follo\-iing Orcinances are hereby repealed: the Radio on Ships Ordinance 1961 the Shipping Ordinance 1963, as to parts II, III, I\i J 2nd --:; (2) the Shipping R~les 1964/65 are hereby revoked. This Act is ac~inistered in ~7e Departuent of Trade ~abour ano Trans:;:,ort RAROTONGA, COOK ISLANDS: Cook Islands Government, Printed under the authority of the b T Kaoi· Government Pr:i:iter - 19S5. y . • ' 1985, !'b.3 Shipping Registry 25. SCHEDULE 1 No ship shall be registered or re-registered unless at the time of registration or re-registration such vessel is classed by one of the fcillowing cla~sifications societiesi l,merican Bureau of Shipping Bureau Veritas Det Nor~ke Veritas Germanischer Lloyd Lloyd's Register of Shipping Nippon Kaiji Kyokai 1985, fu.3 Shipping Registry 26. SCHEDULE 2 Ships registered under t..~is Act shall maintain the standards required by the following International Conventions, and revisions to those conventions: International Convention on Standards of Training, Certificat ion and Watcri..keeping for Seafarers, 1978 (As specified.in the South Pacific Uniform Maritime Standards Code, Volume l May 1985) International Convention for the Safety OI Llie at Sea (Solas), 1974 and various Protocols, International Convention on Load Lines, 1956, Convention on the International Regulations for Preventing Collisions at Sea, 1972, International Convention on Tonnage Measurements for Ships, 1969.