The nanny state - Licences and registration

Discussion in 'All Things Boats & Boating' started by jamesgyore, Apr 21, 2012.

  1. pdwiley
    Joined: Jun 2008
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    pdwiley Senior Member

    Correct me if I'm wrong, but don't you *also* need State registration? I thought the Federal registration was only useful/necessary if you were departing from Australian waters.

    PDW
     
  2. whitepointer23

    whitepointer23 Previous Member

    there is no mention of ship registration in the list of exemptions for vic rego. it is only $73.90 for vic rego.
     
  3. masalai
    Joined: Oct 2007
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    masalai masalai

    Hi Whitie,
    The State fees are annual. The alternative is 'federal' registration (which is a must if you are going overseas - internationally - ) which is a ONCE ONLY FEE... Be careful which state you go as some give 3 months grace and then local licensing for those with state registration - as I saw/heard on an Australian blog - not subscribed there, and did not follow up...

    Australian ships, as per the constitution, may ply all (state and international) waters without additional state or local imposts. look up a significant test case by interstate trucking operations about 20 years or ??? ago...
     
  4. whitepointer23

    whitepointer23 Previous Member

    i understand mas but do you know what victorias policy is because i think thats where james yacht will spend most of its time. i could not find anything about it on the vicroads website. interstate trucks still run federal rego.
     
  5. pdwiley
    Joined: Jun 2008
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    pdwiley Senior Member

    The problem is, most boats do not shift their home ports every few months so are unlikely to escape the rules.

    In addition, NSW for sure will not permit you to have a mooring for a vessel that does not have NSW registration so now you either have to anchor (and try doing *that* for more than a few days in Sydney Harbour) or use a marina berth. Which makes the exercise pointless from a money saving POV.

    I think that what you are saying is likely technically correct for vessels in commercial service but not really applicable to pleasure craft. Do you only have Federal registration for yours?

    If there's a way of gaming the state rules, I'm basically all for it, unless it's going to lead me to more hassles than it's worth.

    PDW
     
  6. masalai
    Joined: Oct 2007
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    masalai masalai

    I have been more than 6 months in one spot and I am observed as being Australian registered and TOTALLY avoided by 'harbours & marine'... whilst I comply with local behaviour laws... I have no issues... Home port is Gove... When asked to move, I believe the minimum is 5 metres, I ask where and comply - usually 5 metres, and all is in contentment... I move regularly anyway - for a look at somewhere or something different for the day and return in the afternoon... - I guess the only interest is to be satisfied the boat is not abandoned...

    The big issue was fees and charges for interstate hauliers because they were not registered in Queensland? (early 'Bjelky' era?) The federal constitution assures no constraints on interstate travel and for trade and commerce to pursue the needs of the market - Quite a big Federal Court case - which the truckers won... That case affirmed superiority of Federal laws over state laws... so if you have authority under Federal Law (in this case the Australian Constitution), the states do not have influence... Go look it up, I have early onset dementia and am flying from unreliable memories...
     
  7. whitepointer23

    whitepointer23 Previous Member

    i have early dementia to, or have i, i don't remember.
     
  8. masalai
    Joined: Oct 2007
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    masalai masalai

    White pointer,
    what are you on about -

    was your post prompted by something?

    - - I do not understand "to" or did you mean "too", as being inclusive with another?

    - - Oh, you mean "too", I guess, as I do also? - err something (lost track)...

    - - How did you guess, - is it that obvious?

    - - Oh, dementia.....:D :D :eek:
     
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  9. whitepointer23

    whitepointer23 Previous Member

    good one.:D:D:D:D:D.
     
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  10. pdwiley
    Joined: Jun 2008
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    pdwiley Senior Member

    Yes, I am aware of that case. It applied to interstate commerce. Since when are pleasure boats involved in interstate commerce?

    An analogy would be to attempt to register your motor vehicle using the Federal Interstate plates (which were brought in to harmonise registration costs between states because the truckies were registering in the cheapest one and the others took exception - hence the High Court case). AFAIK this is not possible if you are a private citizen and the vehicle is for your private use. I think that if someone wanted to push the point, you are going to lose. If you are in interstate commerce, your boat must pass survey and you (or the skipper) must be appropriately qualified. Therefore compliance is going to be far more costly & aggravating than paying $70-odd per year. If you make the claim to be in interstate commerce and don't comply, you have just admitted to violating a pile of laws.

    As I said, I'm all in favour of gaming the laws whenever possible, but from the information you've provided, I think you're on dodgy ground. I think that you're getting ignored because your home port is interstate more than anything else. It'd be fascinating to see what happened if someone in Sydney or Melbourne tried this by keeping their boat in their home waters. I don't plan on being the test case however.

    Since you didn't directly answer the question I still have no idea if you have any registration other than the Australian one ie if you are speaking theoretically or you actually have no other registration.

    PDW
     
  11. masalai
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    masalai masalai

    Hi pdw,
    The test case applied to all interstate movements including army transfers and the previous requirement to re-register ones car, (admittedly a pro-rata refund from the other state was available), and that has effectively been terminated, - as also applies to private boats as the test case was a constitutional matter and that uses broad sweep definitions...

    I have an Australian registered ship, and I have a feeling that multiple registration may be illegal... Federal law overrides state law on the same matter... I have NO other registration... I was asked where I would like to make my home port and I chose Gove because it is convenient to access from PNG and other northern waters. I do not plan to go there at any time... It is like other commercial shipping registered in the Bahamas, or wherever else... There is a convenience factor... That ship may never go there...

    If you are planning to go overseas in your boat (take a tinnie to explore Thursday Island and adjacent recreational/game fishing waters near PNG and West Papua) then get Australian registration now and save on regular state registration payments for your boat...

    Walk around the marinas in your area and see if you can spot an 'international' ready boat. - - It will have its name and home port near the stern and name near the bow... - The boat may be in its home port... - If it is still an international registered ship it will comply with international law which is legally superior to local law if there is conflict... - You are still required to carry flares, mirror, V sheet and all that paraphernalia... - Confirmation is easy, copy the name and home port and do a search... - One link will be for Australian registered ships and have brief info on the boat... - I googled "CNO gove harbour" and my boat was the 4th entry of some 410million results...
     
  12. pdwiley
    Joined: Jun 2008
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    pdwiley Senior Member

    Thanks. I think I'll give this a go as having the Australian registration is necessary to depart the country anyway. I'm not sure if I'll ever do so, but having the option is nice. My home port will be right here, however. I don't really care about paying Tassie registration but it's nice to avoid paperwork.

    Been 30 years since I was at Gove, amazing where the time goes. I've still got memories of fishing the Hole in the Wall north of there when the tide was running through it, big Spanish mackerel, turrum & queenfish. We put quite a few patches on the IRB where those mackerel got a grip.

    Napier Broome Bay was another great spot, if you like sharks. We caught over 150 in a day there, handlining, tagging & releasing. We didn't go swimming.

    PDW
     
  13. masalai
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    masalai masalai

    Ask what forms you need to download, (have the site on-line when you phone), as the friendly folk will guide you to the appropriate download page and which ones to download - print out, fill in and mail off along with the requisite bank cheque, wait several agonising weeks and back comes your certificate and instructions on where and how to place the registration information on your boat...

    Well you will go "overseas" travelling north anyway :D :D :D
     
  14. pdwiley
    Joined: Jun 2008
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    pdwiley Senior Member

    First get the boat *finished*..... though I did get some work done yesterday so it's a bit closer.

    Anywhere from Tas is overseas, yeah. I remember a bloke on another forum boasting proudly how he'd done his first o/s voyage, from England to France. He wasn't impressed that I wasn't impressed. Then again I spent a lot of time in the blue water (on ships not toys) and got paid for it rather than paying for my 'pleasure' so my attitude to going places is somewhat biased.

    PDW
     

  15. mydauphin
    Joined: Apr 2007
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    Location: Florida

    mydauphin Senior Member

    If one could register a boat in any country of the world, which is the best????
     
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