Shipping Registry Amendment Act 1989 (No. 32 of 1989)

1. 2. ..., , . 4 . 5. G. 7. 8. 9. 10. 11. Shipping Registry Amendment No. 32 ANALYSIS Title Short Title Interpretation Qualified person Registration of ships New Certificates and provisional certificates Provisional certificates for ships becoming entitled to be registered when abroad Mar}:ing of ship National colours Concealing Cook Islands nationality Transfer of ship, etc Transmission of ship, etc. by operation of law 12. lJ. 14. 15. 16. 17. 18 . l a ,. 20. 1989, No. 32 / Obsolete or incorrect entries in Register Interpretation Part VI Registered Agent Alterction to ships Ship lost, etc. or ceasing to be entitled to be registered Power to inquire into ownership of registered ship Detention of ships Taking officers to seJ Consequential amendments to Regulations Schedule l l\ct to amenc.l the Shipping Registn, Act 19DS (22 December ,1989 DE IT ENACTED by the Parliament of the Cook Islands i11 Session assembled and by authority of the same as follows: 1. Short Title - This Act may be cited as the Shipping Registry Amendment l\ct 19!39 and shall be read together with and deemed part of the Shipping Registry Act 1985 (hereinafter referred to as "the Principal l\ct"). 2. Interpretation - Section amended by deleting the definition and substituting the following new 2 of the principal T;ct. is o f " q u a 1 i fie c.l pc 1· s on." , definition "qualifying interest" mec1ns un ship including inter~st in u Price\.00 2 Shipping Registry l\J:nend.ment 1989, No. 32 (a) owning one or more of the sixty-fourth shares in the ship. (b) having a leasehold interest, bareboat charter or management or charter contract in respect of the ship." 3. Qualified person Section 8 of the princ repealed and the following new section substituted 1 Act is "8. Qualified person For the purposes of this Act, a qualified person is defined as (a) a person who is a Cook Islander or a permanent resident of the Cook Islands, as tnese terms are found the E Residence and Departure Act, 1971 72 1 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 incoporated or registered as a foreign company under the International Companies 1981-82, or a partnership as defined and registered under the international Partnership Act 1984." 4. Registration of shios - Section 9 of the principal Act is repealed and the following new section subsituted: " 9. Registration of ships Application for registration of a ship may only be made by a qualified person in respect of a ship which is not registered in another country, and in which he holds a quali ing interest". 5. New Certificates and orovisional certificates Section 16 of the principal Act is amended by repealing subsections ( 5) , ( 6) , (7) and ( 8) and subs ti tu ting the following new subsections "(5) If, while a provisional registration certificate granted in respect of a sh under sub-section (2) is in effect, applicat on is made in the manner prescribed, the Registrar may (a) by notice in writing served on the applicant extend the period referred to in paragraph 3 ( b) , and in that event, the reference in that paragraph to a period , of six months shall be read as a reference to that extended period; ;:. \ I . &: I, 1989,No.32 Shipping Registry l\..rnend.ment J (b) register the ship under Section 13, and grant and issue a registration certificate under Section 14 in substitution for the provisional registration certificate, which substitute registration certificate shall be deemed to have been granted upon the date of the issue of the provisional registration certificate." 6. Provisional certificates for ships becomino entitled to be registered when abroad - Subsection (4) of Section 17 of the principal Act is repealed and the following new subsection substituted: "(4) If, while a provisional registration certificate granted in respect of a ship under sub-section (1) is in effect, application is made in the manner prescribed, the Registrar may (a) by notice in writing served on applicant extend the period referred paragraph (b) of subsection 2, and in event, the reference in that paragraph period of six months shall be read reference to that extended period. the to in that to a as a (b) register the ship under section 13, and grant and issue a registration certificate under Section 14 in substitution for the provisional registration certificate, which substitute registration certificate, shall be deemed to have been granted upon the date of the issue of the provisional registration certificate. 7. Markina of ship - Subsection (4) of the principal Act is amended by adding "owner", the words "qualified person". Section 20 of after the word 8. National colours - Section 24 of the principal Act is amended by (a) Adding after the subsection (3) ,the person"; and word "master" in words "qualified (b) Adding after the word "owner" in subsection (4), the words, "qualified person". 9. Concealina Cook Islands nationalitv - Section 26 of the principal Act is amended by adding after the word "master", the words "qualified person". 10. Transfer of ship, etc. - (1) Section 28 of the principal Act is amended by inserting after section 28(2), a new subsection (2A) as follows: 4 Shipping Registry lunendment 1989, No. 32 "(2A) Where the qualifying interest in a ship is transferred, the qualified person shall lodge with the Registrar a certified copy of the instrument effecting such transfer together with a declaration of transfer made by the transferee under subsection (3). (2) Section 28(3) is amended as follows; (a) by deleting the words "subsection substituting the words "subsection 2A" (2)" and (2) and (b) by deleting the words "a Cook Islands owned ship' and substituting the words 'a ship entitled to be registered". 11. Transmission of ship, etc., by operation of law (1)- Section 29 of the principal Act is amended by inserting after Section 29 (1) a new subsection (lA} as follows: "(lA) Where the qualifying interest in a ship is transmitted to a person by any lawful means other.than a transfer under section 28, the qualified person shall lodge with the Registrar a declaration of transmission made by that person under subsection (2), together with such evidence of the transmission as the Registrar may require". ( 2) (a) ( b) Subsection (2) of section 29 is amended by deleting the words "subsection (l)" substituting the words "subsections (1) ( lA) II; and and by deleting the words "a Cook Islands ship" and substituting the words "a entitled to be registered". owned ship 12. Obsolete or incorrect entries in Register - Section 48(1) of the principal Act is amended by inserting after the words 'registered agent" the words, "qualified person". 13. Interpretation Part VI Section 52 of the principal Act is amended by deleting the term "owner" and its definition. 14. Reaistered Abent - Section 54 of the principal Act is amended by (a) inse~ting after subsection following new subsection ( 1) ' the .. 1 1989,No.32 Shipping Registry Amendment 5 11 (1A) The person referred to in subsection (1) shall for the purposes of this Act be the registered agent"; (b) repealing subsection (2), and substituting the following new subsection "(2) Where a change occurs in the registered agent or in the address of the registered agent, the qualified person shall lodge with the istrar within 30 days after the change a notice of the change in the prescribed form". 15. Alteration to ships Section 55 of the princi Act is amended by (a) Repealing subsection (4), and substituting the following new subsection n ( 4) If, while a provisional registration certificate granted in respect of a ship under subsection (1) is in effect, application is made in the manner prescribed, the Registrar may (a) notice in writing served on the applicant extend the period referred to in paragraph 2(b) and, in that event, the reference in that paragraph to a period of six months shall be read as a reference to that extended period. (b) (b) register the ship under Section 13 and grant and issue under section 14 a registration certificate in subs tution for the provisional registration certificate, which substitute registration certif shall be deemed to have been granted upon the date of issue of the provisional registration certificate". Amending subsection (8) by words 11 owner of the sh "and the words "qualified person". deleting the substituting 16. Ship lost, etc. or ceasing to be entitled to be reaistered Section 56(1) of the principal Act is amended by adding after the words "owner of the ship", the words ttor the qualified person". 17. Power to inquire into ownership of registered shi~ the intituling of section 57 of the principal Act ~s amended, by deleting the words II ownersh of", a;1d substituting the words" qualifying interest in". 6 Shipping Registry 71.:mendment 1989,No.32 18. DetPntion of ships Section 60 of the principal Act is amended by inserting after the words "the owner", the words "the qualified person". 19.Taking officers to sea Section 61 of the principal Act is amended by inserting after the words "the master", the words "the qualified person". 20. Conseouential amendments to Reoulations (1) The Shipping Registry Regulations 1986 (hereinafter referred to as 'the principal Regulations") are consequentially amended in the manner set out in the Schedule to this Act. (2) Notwithstanding the amendment Shipping Registry Regulations 1986 by this Act, the sentative in Executive Council may from time further amend those Regula ons. to the Queen's to time This Act is administered by the Department of Trade Labour and Transport Rl\.ROTONGA, COOK ISL,.i\NDS: Printed under the- authority of the Cook Islands Government, T. KAPI, Government Printer - 1989. 1989,No.32 Section 21 Regulation Regulation 6 Regulation BA i I Regulation 9 Regulation 12 Shipping Registry Amendment 7 SOIEDULE Amendments to Shipping Registry Reaulations 1986 Amendment By inserting after subclause (1) (b) the (iv) the following: subparagraph (iv) "(v) A interest BA". declaration as in accordance to with qualifying regulation By omitting from subclause (J) the words "owner of the ship" and substituting the words "qualified person"; By inserting in subclause (4) after the words "owner of the ship", the words "or qualified person"; By ommiting from subclause (5) (a) (ii) the word "owner" and substituting therefore the words "qualified person". By inserting after regulation following new regulation 8 ' the "BA Declaration as to oualifvino interest For the purposes of regulation 6 ( l) ( b) (v) , a declaration as to qualifying interest shall (a) (b) ( C) Specify the ship to which it relates; Specify interest document interest. the particular qualifying and annex a copy of the evidencing that qualifying Be signed by the qualified person holding the qualifying interest". By inserting ~£ter subclause following paragraph ( 1) ( k) the (1) In relation to the qualifing person ( i) the name, address and nationality; and (ii) the· nature interest. of the qualifying By inserting in subclause (J) (a) (i) after the wo.rds "The particulars of" the words "the qualified person"; 8 Regulation 13 Shipping Registry lunendroent 1989,No.32 By inserting in subclauses G(a) after the "''ords "if that person is" the words "the qualified person". By inserting in subclause ( 2) (a) after the words "application in writing duly signed by" the words "the qualified person or"; By inserting after subclause the following subparagraph ( 2) (a) (XV) "(XVI) In relation to the qualified person (a) His name and address; and (b) The nature of the qualifying interest". By inserting after subclause (2) (b) (iv) the following subparagraph. "(v) The instrument by which the qualified person hold the qualifying interest in the ship". Regulation 14 By revoking regulation 14 and substituting therefore the following regulations "14. Extensions and Substitutions of orovisional certificate - Applications under Sections 16(5), 17(4) or 55(4) shall (a) Be in writing (b) Specify and provide (i) The name and official number of the ship; (ii) The date and place of issue (iii) of the provisional registration certificate; The reason for making the application; (iv) In respect of applications for an extension, the date on or near which it is expected the ship will next arrive at a Cook Islands port. (v) In respect of applications for a substitute registration certificate under Section 13, all details and documentation as are required for an application under Regulation 6. I e l 9 8 .9 , No - 3 2 Regulation 16 Regulation 20 Regulation 21 lation 29 Regulation 30 Shipping Registry 1\:rnendmcnt 9 (c) Be duly signed by the owner or the qualified person or the master of the ship. inserting in subclause ( l) (a) , words "the owner" the words "the person" after the qualified By omitting from subclause (2) the words they occur and 11 bill of sale" wherever substituting the words transfer" "instrument of By inserting in subclause the words "the owner" qualified person"; ( 2) the (b) (ii) words after "the inserting in subclause (2) (b) (ii) after the words "ship or share" the words "or the qualifying 11 By omitting from "as the owner, or ship" and subst "as the qualified the subclause (1) the words one of the owners of the ing therefore the words person" By insert after subclause (1) (a) (ii) the words II or' ; By inserting after subclause (1) the following new subparagraph "(iii) the qualified person in the ship. (a) (ii) of