{"id":"tas:act-1874-007","name":"Common Carriers Act 1874","slug":"common-carriers-act-1874","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"7 of 1874","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110924,"registerId":"tas-act-1874-007-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Common Carriers Act 1874](/view/html/inforce/2026-04-12/act-1874-007) .\n\n*\\[Preamble Repealed by 25 Geo. V No. 78 \\]*","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> *\\[Section 2 Amended by 25 Geo. V No. 78 \\]*In this Act, unless the contrary intention appears –\n> \n> > ***common carrier*** includes mail contractors, stage coach proprietors, railway companies, and carriers by railway or tramway;\n> \n> > ***office*** includes warehouse, booking-office, and receiving house;\n> \n> > ***railway company*** includes the manager of any railway or tramway constructed or carried on under the powers of any Act.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Carriers not liable for loss in certain cases","content":"### 3 Carriers not liable for loss in certain cases\n\n> *\\[Section 3 Amended by 25 Geo V No. 78 \\]**\\[Section 3 Amended by No. 55 of 1965, s. 5 \\]*No common carrier by land for hire shall be liable for the loss of or injury to any article or property consisting of –\n> \n> > > (a) gold or silver coin of the Realm, or of any foreign state;\n> > \n> > > (b) gold or silver in a manufactured or unmanufactured state; gold or silver plate, or plated articles, precious stones, jewellery, trinkets;\n> > \n> > > (c) watches, clocks, or time-pieces of any description;\n> > \n> > > (d) bills of exchange, promissory notes, bank notes, or other securities for the payment of money, or stamps;\n> > \n> > > (e) maps, writings, title deeds, paintings, engravings, pictures;\n> > \n> > > (f) glass or china; or\n> > \n> > > (g) silks in a manufactured or unmanufactured state, and whether wrought up or not wrought up with other materials, furs, or lace –\n> \n> or any of them contained in any parcel or package which shall have been delivered either to be carried for hire, or to accompany the person of any passenger in any mail or stage coach or other public conveyance, when the value of such article or property contained in such parcel or package exceeds the sum of $20, unless at the time of the delivery thereof at the office of such common carrier, or to his book-keeper, coachman, or other servant, for the purpose of being carried, or of accompanying the person of any passenger as aforesaid, the value and nature of such article or property have been declared by the person sending or delivering the same, and such increased charge as hereinafter mentioned, or engagement to pay the same, be accepted by the person receiving such parcel or package.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Increased charges in certain cases","content":"### 4 Increased charges in certain cases\n\n> *\\[Section 4 Amended by 25 Geo. V No. 78 \\]**\\[Section 4 Amended by No. 55 of 1965, s. 5 \\]*\n> \n> > (1)  When any parcel or package containing any article above specified is so delivered, and its value and contents declared as aforesaid, and such value exceeds the sum of $20, such common carrier may demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in some public and conspicuous part of the office where such parcels or packages are received for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles.\n> \n> > (2)  All persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office shall be bound by such notice, without further proof of the same having come to their knowledge.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Carriers' receipts for increased charges","content":"### 5 Carriers' receipts for increased charges\n\n> *\\[Section 5 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  When the value has been so declared and the increased rate of charge paid, or an engagement to pay the same has been accepted as hereinbefore mentioned, the person receiving such increased rate of charge or accepting such agreement shall, if thereto required, sign a receipt for the package or parcel acknowledging the same to have been insured, which receipt shall not be liable to any stamp duty.\n> \n> > (2)  If such receipt is not given when required, or such notice as aforesaid has not been affixed, the common carrier shall not have or be entitled to any benefit or advantage under this Act, but shall be liable and responsible as at the common law, and be liable to refund the increased rate of charge.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Notices not to limit liability for other goods conveyed","content":"### 6 Notices not to limit liability for other goods conveyed\n\n> *\\[Section 6 Amended by 25 Geo. V No. 78 \\]*No public notice or declaration shall limit or in anywise affect the liability at common law of any public common carriers for or in respect of any articles or goods to be carried and conveyed by them; but all common carriers shall be liable as at the common law to answer for the loss of or any injury to any articles and goods in respect whereof they may not be entitled to the benefit of this Act, any public notice or declaration by them made and given contrary thereto, or in otherwise limiting such liability, notwithstanding.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Actions","content":"### 7 Actions\n\n> *\\[Section 7 Amended by 25 Geo. V No. 78 \\]*For the purposes of this Act –\n> \n> > > (a) every office used or appointed by any common carrier for the receipt of parcels to be conveyed as aforesaid shall be deemed to be the office of such common carrier;\n> > \n> > > (b) any one or more common carriers may be sued by his or their name or names only; and\n> > \n> > > (c) no action commenced to recover damages for loss of or injury to any parcel, package, or person shall abate for the want of joining any co-proprietor or co-partner in any mail, stage coach, or other public conveyance by land for hire as aforesaid.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Contracts not affected","content":"### 8 Contracts not affected\n\n> *\\[Section 8 Amended by 25 Geo. V No. 78 \\]*Nothing in this Act shall annul or in anywise affect any special contract between such common carrier and any other party for the conveyance of goods and merchandise.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Extra charges recoverable","content":"### 9 Extra charges recoverable\n\n> Where any parcel or package has been delivered at any such office, and the value and contents declared as aforesaid, and the increased rate of charges been paid, and such parcels or packages have been lost or damaged, the party entitled to recover damages in respect of such loss or damage shall also be entitled to recover back such increased charges so paid as aforesaid, in addition to the value of such parcel or package.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Criminal acts not protected","content":"### 10 Criminal acts not protected\n\n> *\\[Section 10 Amended by 25 Geo. V No. 78 \\]*Nothing in this Act shall protect any common carrier for hire from liability to answer for loss or injury to any goods or articles whatsoever arising from the criminal acts of any coachman, guard, book-keeper, porter, or other servant in his employ; or protect any such coachman, guard, book-keeper, porter, or other servant from liability for any loss or injury occasioned by his or their own personal neglect or misconduct.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Liability for proved damages only","content":"### 11 Liability for proved damages only\n\n> *\\[Section 11 Amended by 25 Geo. V No. 78 \\]*Such common carriers for hire shall not be concluded as to the value of any such parcel or package by the value so declared as aforesaid, but shall in all cases be entitled to require, from the party suing in respect of any loss or injury, proof of the actual value of the contents by the ordinary legal evidence; and such common carriers shall be liable to such damages only as shall be proved as aforesaid not exceeding the declared value, together with the increased charges as aforesaid.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Power to pay money into Court","content":"### 12 Power to pay money into Court\n\n> *\\[Section 12 Amended by 25 Geo. V No. 78 \\]*In all actions brought against any such common carrier for the loss of or injury to any goods delivered to be carried, whether the value of such goods has been declared or not, the defendant may pay money into Court in the same manner and with the same effect as money may be paid into Court in any other action.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Railway company liable, notwithstanding notice to contrary","content":"### 13 Railway company liable, notwithstanding notice to contrary\n\n> *\\[Section 13 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  Every railway company shall be liable for the loss of or for any injury done to any horses, cattle, or other animals, or to any articles, goods, or things in the receiving, forwarding, or delivering thereof occasioned by the neglect or default of such company or its servants, notwithstanding any notice, condition, or declaration made and given by such company contrary thereto, or in anywise limiting such liability, and every such notice, condition, or declaration is hereby declared to be null and void.\n> \n> > (2)  Nothing herein contained shall prevent the said companies from making such conditions with respect to the receiving, forwarding, and delivering of any of the said animals, articles, goods, or things as shall be adjudged by the Court or judge before whom any question relating thereto is tried to be just and reasonable.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Railway company not liable beyond limited amount in certain cases","content":"### 14 Railway company not liable beyond limited amount in certain cases\n\n> *\\[Section 14 Amended by 25 Geo. V No. 78 \\]*\n> \n> > (1)  *\\[Section 14 Subsection (1) amended by No. 55 of 1965, s. 5 \\]*The damages to be recovered from such railway company for the loss of or for any injury done to any horse, cattle, sheep, or pigs, shall not exceed for any –\n> > \n> > > > (a) horse, $100;\n> > > \n> > > > (b) neat cattle, per head, $30; or\n> > > \n> > > > (c) sheep or pigs, per head, $4 –\n> > \n> > unless the person sending or delivering the same to such company shall at the time of such delivery have declared them to be respectively of higher value than as abovementioned, in which case it shall be lawful for such company to demand and receive by way of compensation, for the increased risk and care thereby occasioned, a reasonable percentage upon the excess of the value so declared above the respective sums so limited as aforesaid, and which shall be paid in addition to the ordinary rate of charge.\n> \n> > (2)  Such percentage or increased rate of charge shall be notified in manner hereinbefore prescribed, and shall be binding upon such company in the manner hereinbefore mentioned.\n> \n> > (3)  Proof of the value of such animals, articles, goods, and things, and the amount of the injury done thereto, shall in all cases lie upon the person claiming compensation for such loss or injury.\n> \n> > (4)  No special contract between such company and any other parties respecting the receiving, forwarding, or delivering of any animals, articles, goods, or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods, or things respectively for carriage.\n> \n> > (5)  Nothing in [subsection (4)](#GS14@Gs4@EN) shall alter or affect the rights, privileges, or liabilities of any such company under this Act with respect to articles of the descriptions herein mentioned.","sortOrder":13}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The statute as preserved contains post‑enactment amendments that adjust monetary thresholds and liability caps and clarify covered carriers (including rail/tram) and procedural requirements (see ss.2,3,4,14). The preamble was repealed and specific sections were updated to fix dollar limits and procedural phrasing. Substantively the Act still limits carrier liability for listed valuables unless value is declared and extra charges paid, while declaring railway exclusionary notices void but permitting reasonable, court‑reviewable conditions (ss.3,4,13,14)."},"complexity_factors":["Multiple defined categories (common carrier, office, railway company) and inclusion of different transport modes (s.2)","Interaction with common law liability — statute creates exceptions but preserves common‑law duties (ss.3,6)","Procedural compliance requirements: declaratory statements, displayed notices, receipts, and proof of value in litigation (ss.3–5,11)","Quantified monetary thresholds and caps (e.g. $20 threshold, animal caps) that have been amended over time (ss.3,14)","Carrier discretion to set 'increased rates' and courts' role in judging what conditions are 'just and reasonable' (ss.4,13(2),14(2))","Criminal‑act carve‑out holding carriers and servants liable for employee misconduct (s.10)","Enforcement mechanisms and procedural rules for actions (s.7) and paying money into Court (s.12)"],"plain_english_summary":"This Act sets default liability rules for land common carriers (including rail and tram): carriers are not liable for loss of certain listed valuables over $20 unless the sender declares their value and pays an increased charge; carriers must display those extra rates and, if requested, issue receipts. Railway companies cannot avoid liability by posting notices, though statutory caps limit recoverable damages for animals unless a higher value is declared and an extra charge paid. The law shifts cost and proof burdens onto shippers who want higher protection, while allowing carriers to require and collect higher fees."},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Originally designed for 19th-century carriers such as coach operators, ferries, and early freight wagons, the Act's scope has effectively narrowed over time. Modern transport is now largely governed by contract law, Australian Consumer Law, and specific federal and state transport regulations. The concept of a 'common carrier' with strict duties to carry for all comers is largely obsolete in modern commercial practice, meaning the Act applies to a much smaller and less defined class of operators than originally intended."},"complexity_factors":["Age of the legislation (1874) means archaic language and legal concepts that require interpretation in a modern context","Interaction with modern transport, contract, and consumer law may create uncertainty about which rules apply in practice","Limited text was provided for analysis, so full complexity of operative provisions cannot be assessed","The concept of 'common carrier' is a specialised common law category not widely understood by the public","Liability limitation rules can be procedurally nuanced (e.g., declaration of value requirements)"],"plain_english_summary":"This long-standing Tasmanian law governs common carriers — people or businesses who transport goods or passengers for hire — setting their duties and limiting their liability for loss or damage to goods. It affects carriers and anyone who sends items for transport in Tasmania and matters because it can cap claims for lost or damaged high‑value goods unless value is declared and extra payment made."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose: regulating liability of common carriers for goods in transit. The 1965 amendments updated monetary amounts (converting from pounds to dollars) but did not expand the scope beyond land-based carriage for hire. The inclusion of railway companies in the definitions and specific railway liability provisions (Sections 13-14) appears to have been part of the original legislative design rather than scope creep, given the 1874 date coincides with railway expansion."},"complexity_factors":["Only 3 defined terms in the interpretation section ('common carrier', 'office', 'railway company')","Extensive cross-referencing between sections (frequent use of 'as aforesaid', 'hereinafter mentioned', 'hereinbefore prescribed')","Nested conditional logic in Section 3: liability exemption applies only if (a) value exceeds $20 AND (b) item is in the specified list AND (c) value not declared AND (d) extra charge not paid","Dual amendment history noted throughout (1934 and 1965 amendments) creating layered text","Specific monetary thresholds ($20 declaration trigger, livestock caps in Section 14) requiring careful parsing","Exception to exception structure: Section 6 states notices don't limit liability for non-listed goods, creating a carve-out from the general notice-allowance scheme","Railway-specific provisions (Sections 13-14) creating parallel but distinct liability regimes for rail vs other carriers"],"plain_english_summary":"This 1874 law sets the rules for when transport companies (called 'common carriers') must pay compensation if they lose or damage goods they're carrying.\n\n**The basic deal:**\n- Transport companies (including railways, stage coaches, and mail contractors) are generally responsible for goods they carry\n- BUT they can avoid paying for expensive items worth more than $20 unless the customer **declares the value upfront** and pays extra fees\n\n**What items need special declaration?**\nValuables like gold/silver, jewellery, watches, bank notes, paintings, glass/china, silk, and furs. If you don't tell the carrier these are worth more than $20 and pay the extra charge, they aren't liable if these get lost or damaged.\n\n**Key protections for customers:**\n- Carriers can't use fine print or notices to escape liability for regular goods (only the listed valuables)\n- Carriers remain fully liable if their staff steal or commit crimes against the goods\n- Special contracts between carriers and customers still stand\n- Railway companies specifically can't use notices to avoid liability for livestock or goods damaged by their negligence\n\n**For livestock specifically:**\nRailways have capped liability ($100 per horse, $30 per head of cattle, $4 per sheep or pig) unless the owner declares higher value and pays extra.\n\n**Why it matters:**\nThis law balances risk between transport businesses and customers. It protects carriers from surprise claims for extremely valuable items hidden in ordinary parcels, while ensuring customers who properly declare valuables get proper compensation. It remains relevant for understanding liability in transport and logistics."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/common-carriers-act-1874","history":"/api/acts/common-carriers-act-1874/history","analysis":"/api/acts/common-carriers-act-1874/analysis","conflicts":"/api/acts/common-carriers-act-1874/conflicts","importantCases":"/api/acts/common-carriers-act-1874/important-cases","documents":"/api/acts/common-carriers-act-1874/documents"}}