{"id":"nsw:act-1902-048","name":"Common Carriers Act 1902","slug":"common-carriers-act-1902","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"48 of 1902","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175842,"registerId":"nsw-nsw:act-1902-048-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act may be cited as the [Common Carriers Act 1902](/view/html/inforce/current/act-1902-048).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Repeal","content":"#### 2 Repeal\n\n2 Repeal\n\n> The Act mentioned in the First Schedule is to the extent therein mentioned hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Act unless the context or subject-matter otherwise indicates or requires:\n> \n> Common carrier means a common carrier by land.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Carriers not liable for loss of certain goods","content":"#### 4 Carriers not liable for loss of certain goods\n\n4 Carriers not liable for loss of certain goods\n\n> No common carrier for hire shall be liable for the loss of or injury to any articles or property of the descriptions specified in the Second Schedule contained in any parcel or package which has been delivered either to be carried for hire or to accompany the person of any passenger in any conveyance by land when the value of such articles or property contained in such parcel or package exceeds the sum of twenty dollars unless at the time of delivery thereof at the office warehouse or receiving-house of the carrier or to the carrier’s book-keeper 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 articles or property are declared by the person sending or delivering the same and such increased charge if any as hereinafter mentioned or an engagement to pay the same be accepted by the person receiving such parcel or package.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Increased charge may be demanded","content":"#### 5 Increased charge may be demanded\n\n5 Increased charge may be demanded\n\n> > (1) When any parcel or package containing any of the articles specified in the said Schedule is delivered and its value and contents declared as aforesaid and such value exceeds the sum of twenty dollars such common carrier may demand an increased rate of charge.\n> \n> > (2) Such increased rate shall be notified by a notice affixed in legible characters in some public and conspicuous part of the office warehouse or other receiving-house where such parcels or packages are received by such common carrier 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> > (3) All persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office warehouse or other receiving-house shall be bound by such notice without further proof of the same having come to their knowledge.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Receipt to be given for increased charge","content":"#### 6 Receipt to be given for increased charge\n\n6 Receipt to be given for increased charge\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 the person receiving such increased rate of charge or accepting such engagement shall if thereto required sign a receipt for the parcel or package acknowledging the same to have been insured.\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 if paid.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Public notices by carrier not to affect liability","content":"#### 7 Public notices by carrier not to affect liability\n\n7 Public notices by carrier not to affect liability\n\n> > (1) No public notice or declaration heretofore or hereafter made shall be deemed or construed to limit or in anywise affect the liability at common law of any common carrier in respect of any articles or goods to be carried and conveyed by the carrier.\n> \n> > (2) All common carriers shall be liable as at the common law to answer for the loss or any injury to any articles and goods in respect whereof they are not entitled to the benefit of this Act any public notice or declaration by them made and given contrary thereto or in anywise limiting such liability notwithstanding.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Office deemed to be receiving-house","content":"#### 8 Office deemed to be receiving-house\n\n8 Office deemed to be receiving-house\n\n> > (1) For the purposes of this Act every office warehouse or receiving-house used or appointed by any common carrier for the receiving of parcels to be conveyed as aforesaid shall be deemed and taken to be the receiving-house warehouse or office of such common carrier.\n> \n> > (2) Any one or more of such common carriers shall be liable to be sued by the carrier’s or carriers’ name or names only.\n> \n> > (3) No action or suit commenced to recover damages for loss or injury to any parcel package or person shall abate for the want of joining any co-proprietor or co-partner in such public conveyance by land for hire as aforesaid.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Carrier liable for neglect or default","content":"#### 9 Carrier liable for neglect or default\n\n9 Carrier liable for neglect or default\n\n> Every such carrier 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 the carrier or the carrier’s servants notwithstanding any notice condition or declaration made and given by such carrier contrary thereto or in anywise limiting such liability every such notice condition or declaration being hereby declared to be null and void but the provisions in this section contained shall be subject to the following qualifications and conditions:\n> \n> > (a) Every such carrier may make such conditions with respect to the necessary forwarding and delivering of any of the said animals articles goods or things as the Court or Judge before whom any question relating thereto is tried adjudges to be just and reasonable.\n> \n> > (b) No greater damages shall be recovered for the loss of or for any injury done to any of such animals beyond the sums mentioned in the Third Schedule unless the person sending or delivering the same to such carrier has at the time of such delivery declared them to be respectively of higher value in which case such carrier may 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 and such percentage or increased rate of charge shall be notified in the manner prescribed in the fifth section in the manner therein mentioned.\n> \n> > (c) No special contract between such carrier 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 the party or by the person delivering such animals articles goods or things respectively for carriage.\n> \n> > (d) Nothing in this section shall affect the rights privileges or liabilities of any such carrier with respect to articles of the description mentioned in the Second Schedule.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Nothing to protect certain acts","content":"#### 10 Nothing to protect certain acts\n\n10 Nothing to protect certain acts\n\n> Nothing in this Act shall be deemed to protect any such carrier for hire from liability to answer for loss of or injury to any animals goods or articles whatsoever arising from the unlawful act of any servant in the carrier’s employ nor to protect any such servant from liability for any loss or injury occasioned by the servant’s personal neglect or misconduct.\n> \n> **s 10:** Am 1999 No 94, Sch 4.85.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Carriers liable only to such damages as is proved","content":"#### 11 Carriers liable only to such damages as is proved\n\n11 Carriers liable only to such damages as is proved\n\n> No such carrier shall be concluded as to the value of any animal parcel or package by the value so declared as aforesaid but the carrier 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 any animal parcel or package by the ordinary legal evidence and shall be liable to such damage only as is so proved as aforesaid not exceeding the declared value.","sortOrder":10},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\n| Reference to Act | Title | Extent of repeal |\n| 41 Vic No 21 | The Common Carriers Act of 1878. | The whole Act. |","sortOrder":11},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Goods for loss of which carrier is not liable beyond the value of $20, unless declared","content":"# Schedule 2 Goods for loss of which carrier is not liable beyond the value of $20, unless declared\n\nSecond Schedule Goods for loss of which carrier is not liable beyond the value of $20, unless declared\n\n(Section 4)\n\nGold or silver coin of the realm or of any foreign State or any gold or silver in a manufactured or unmanufactured state or any precious stones jewellery watches clocks or time-pieces of any description trinkets gold or silver ores bills notes of any bank orders notes or securities for the payment of money English colonial or foreign stamps maps writings title-deeds paintings engravings pictures gold or silver plate or plated articles glass china silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials furs lace or opium or any of them.","sortOrder":12},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Scale of damages for loss of or injury to animals","content":"# Schedule 3 Scale of damages for loss of or injury to animals\n\nThird Schedule Scale of damages for loss of or injury to animals\n\n(Section 9)\n\n|  | $ |\n| For any horse | 100 |\n| For any neat cattle per head | 30 |\n| For any sheep or pigs per head | 4 |","sortOrder":13}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient legislative content was provided to assess whether the scope of the Act has changed from its original intent. Only website navigation and status metadata were included in the supplied document. No amendments or substantive provisions were visible to evaluate scope drift."},"complexity_factors":["The actual operative text of the Act was not provided — only website metadata and navigation elements were included, making substantive analysis impossible","Common carrier law involves historical common law concepts that may be unfamiliar to modern readers","The interaction between this old Act and modern transport, insurance, and consumer protection laws could create complexity in practice","The Act dates from 1902 and may use archaic legal language in its actual text"],"plain_english_summary":"## Common Carriers Act 1902 (NSW)\n\n**What is this law about?**\n\nThis is a very old piece of NSW legislation — over 120 years old — that deals with **common carriers**. A common carrier is a business or person who transports goods or people for the public for payment (think: early freight companies, coach operators, or couriers who accept goods from anyone willing to pay).\n\nHistorically, common carriers had strict legal obligations, including near-absolute liability (legal responsibility) if goods were lost or damaged during transport — even if the loss wasn't their fault.\n\n**What does the Act actually do?**\n\nUnfortunately, the document provided contains **only the metadata and website navigation** of the NSW legislation website — the actual text and operative provisions (the working rules) of the Act are not included. Without the substantive content, it is not possible to detail exactly what obligations, rights, or limitations the Act creates.\n\n**Who might be affected?**\n\n- Businesses or individuals who transport goods for others as a regular commercial service\n- Customers who send goods via such carriers\n- Courts and lawyers dealing with freight liability disputes\n\n**Why does it matter?**\n\nDespite its age, the Act remains **currently in force** in NSW (as of the accessed date). This means its rules — whatever they are — still technically apply. However, modern transport and consumer protection laws (such as the *Australian Consumer Law*) have largely overtaken many common carrier principles in practical use.\n\n> ⚠️ **Note:** A full analysis cannot be completed because the actual legislative text was not included in the provided document — only website navigation and status information were supplied."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Act repeals the earlier Common Carriers Act of 1878 in full (First Schedule). It establishes a new statutory framework for limiting carrier liability for specified goods (Schedule 2) with a default $20 threshold and procedures for declaring higher value and paying increased charges (ss 4–6), provides fixed damage scales for animals (Schedule 3; s 9), and sets out formalities (receipts, notices) and judicial oversight (s 9(a)). The Schedule 1 repeal means the earlier Act is removed to the extent stated, and this Act’s specific rules (ss 3–11 and Schedules 2–3) define the applicable scope of carrier liability going forward."},"complexity_factors":["Multiple interacting requirements: declaration of value, posting of increased rates, issuance of receipts, and refund rules (ss 4–6).","Detailed lists and monetary thresholds in Schedules (Schedule 2 list; Schedule 3 amounts).","Overlap between statutory liability limits and common-law liability, with statutory provisions nullifying contrary carrier notices but preserving common-law claims where statute does not apply (ss 7, 9, 10, 11).","Discretion for carriers to set increased rates and demand percentages, constrained by notice rules and court oversight of reasonableness (ss 5, 9(a), 9(b)).","Evidentiary requirement that declared value is not conclusive, requiring proof of actual value in litigation (s 11)."],"plain_english_summary":"### What this Act does, in plain language\n\nThis Act sets out how \"common carriers by land\" (carriers who carry goods for hire) can limit their legal responsibility for loss or damage to certain kinds of goods, and the steps carriers and senders must follow if the sender wants the carrier to accept liability above a default low amount. It replaces an earlier Act listed in the First Schedule (see Schedule 1).\n\nMechanics (how it works):\n\n- Who is covered: \"Common carrier\" in this Act means a common carrier by land (s 3). The Act governs carriage of parcels/packages delivered for hire or to accompany a passenger (s 4). \n\n- Default liability cap for certain goods: For the items listed in Schedule 2 (for example: coins, precious metals, jewellery, watches, paintings, certain papers and other listed items), a carrier is not liable for loss or injury to those items in a parcel or package if their value exceeds $20 unless the sender declares the nature and value when delivering the parcel (s 4; Schedule 2).\n\n- Declaring value and paying more: If the sender declares a value above $20, the carrier may require an increased charge to cover the additional risk (s 5(1)). Those increased rates must be posted in a public and conspicuous place at the carrier's receiving office (s 5(2)–(3)).\n\n- Receipts and refund if formalities not followed: If the increased charge is paid (or an engagement to pay is accepted), the person receiving payment must, if required, sign a receipt acknowledging the parcel as insured. If the receipt is not given when required, or the required notice has not been posted, the carrier loses the statutory protections and is liable at common law; the carrier must also refund any increased charge paid (s 6).\n\n- Notices cannot shrink liability for items not covered by this Act: A carrier’s public notice cannot validly limit common-law liability for items not covered by the Act; carriers remain liable at common law for items where the Act does not grant a benefit (s 7).\n\n- Receiving offices and suing carriers: Any office/warehouse used by a carrier for receiving parcels is treated as that carrier’s receiving-house; one or more carriers can be sued in the carrier name(s) only; actions do not fail merely because a co-proprietor or partner was not joined as a defendant (s 8).\n\n- Carrier responsibility for neglect/default and limits for animals: Carriers are liable for loss or injury caused by their or their servants’ neglect or default despite any contrary notice (s 9). The section allows some qualifications:\n  - Courts may impose just and reasonable conditions on forwarding/delivery (s 9(a)).\n  - Damages for animals are limited by the amounts in Schedule 3 (e.g. $100 for a horse) unless the sender declared a higher value; if a higher value is declared the carrier may demand a reasonable percentage on the excess, notified as required (s 9(b)).\n  - Special contracts that vary liability are not binding on a sender unless signed by them (s 9(c)).\n\n- No protection for unlawful acts or personal negligence of servants: The Act does not shield carriers from liability for loss caused by an unlawful act of an employee, nor does it shield the employee from personal liability for their own neglect or misconduct (s 10).\n\n- Proof of value in claims: A declaration of value is not conclusive; a claimant must prove actual value by ordinary legal evidence, and damages are limited to the proved value (not exceeding the declared value) (s 11).\n\nPurpose statements (as claimed by the statute) and practical implications\n\n- The Act’s operational purpose is to set a default low liability for certain high-risk or high-value item classes while allowing carriers and senders to contract for higher coverage if the sender (a) declares value and (b) pays or agrees to pay an increased charge (s 4–6, s 9(b); Schedule 2).\n\n- Who pays: The sender decides whether to declare a higher value and, if so, pays the increased charge (s 4–6, s 9(b)). If they do not declare, they bear the risk above $20 for goods in Schedule 2 (s 4).\n\n- Who decides: Carriers decide whether to demand an increased rate and set the amount, but must publicly post rates at the receiving-house (s 5). Courts decide on the reasonableness of conditions the carrier imposes (s 9(a)) and adjudicate disputes about liability and proof of value (s 11).\n\nCosts, incentives and trade-offs (mechanisms, not judgments):\n\n- Risk allocation and pricing: By permitting carriers to limit liability for listed goods to $20 unless value is declared, the Act reduces carriers’ open-ended exposure to loss for those goods (s 4). That reduction in exposure creates an incentive for carriers to accept such parcels at lower baseline charges but to require higher charges for declared higher-value items (s 5(1)).\n\n- Administrative and compliance burdens: Carriers must affix legible notices of increased rates at receiving locations (s 5(2)). They must issue receipts acknowledging insurance when required and refund increased charges if formalities are not met (s 6). Senders must understand and use the declaration procedure to obtain higher coverage (s 4–6). These steps create record-keeping and display obligations for carriers and an action/decision cost for senders.\n\n- Contract freedom and formalities: The Act preserves a sender’s right to limit contractual variations: special contracts changing liability are ineffective unless signed by the sender (s 9(c)). This raises the transaction cost of altering standard liability rules and protects senders from unsigned fine-print limitations.\n\n- Enforcement and evidentiary issues: Claimants must prove actual value by ordinary legal evidence (s 11). This places evidentiary burdens on claimants and can create disputes over valuation. Carriers who fail to follow notice/receipt formalities lose the Act’s protections and revert to common-law liability (s 6, s 7).\n\n- Employee misconduct and unlawful acts: The Act does not shield carriers or employees from liability for unlawful acts or personal negligence (s 10). That preserves a route for liability notwithstanding statutory limits.\n\nDistributional effects and risks identifiable from the text\n\n- Concentrated benefit: The statutory default limitation provides a direct reduction in carriers’ potential losses for listed items unless senders declare higher value (s 4). That is a concentrated benefit to carriers when senders do not declare.\n\n- Diffuse cost: Individual senders who do not declare higher value bear the loss above $20 for those listed goods (s 4). The decision to declare shifts cost to the sender via the increased charge (s 5–6, s 9(b)).\n\n- Discretion and oversight: Carriers have discretion to set increased rates and to accept or demand engagement to pay; the requirement to post rates (s 5(2)) and courts’ role in adjudicating reasonableness (s 9(a)) are statutory constraints and oversight mechanisms.\n\nImplementation risk and likely friction points\n\n- Disputes over whether a required public notice or receipt was provided can change liability outcomes (s 6, s 5(2)).\n- Proof of value disputes are central because declared value is not conclusive (s 11).\n- Determining whether a loss was caused by neglect/default or by unlawful acts of servants will affect who bears loss (s 9, s 10). \n\nKey fixed numerical rules in the Act\n\n- Default statutory monetary threshold for listed goods: $20 (s 4; Schedule 2).\n- Specified statutory animal damage amounts (Schedule 3): horse $100; neat cattle $30; sheep or pigs $4 (s 9; Schedule 3).\n\nBottom line (neutral): The Act creates a structured default rule that limits carriers’ exposure for certain listed goods to $20 unless the sender follows a declared-value-and-payment procedure; it requires notices and receipts to enforce that arrangement, preserves common-law liability where statutory protection does not apply, requires proof of actual value in claims, and leaves courts to police reasonableness where carriers impose delivery/forwarding conditions (s 3–11; Schedules 1–3)."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"This is the original 1902 Act. The legislation appears to maintain its original scope of regulating liability for land-based common carriers. The amendment note at section 10 (1999) appears to be a minor updating amendment (likely replacing 'master' with 'employer' or similar modernisation), not an expansion of scope."},"complexity_factors":["Single defined term ('common carrier') but relies on common law understanding of the concept","Multiple cross-references to Schedules (First, Second, Third) containing substantive rules","Nested conditional logic in section 4 (value declaration + increased charge acceptance required for liability beyond $20)","Exception to exception structure in section 9 (general liability for negligence, subject to qualifications (a)-(d), with qualification (d) preserving section 4 rules)","Archaic language and sentence structure typical of early 20th century drafting (e.g., 'in anywise', 'neat cattle', 'wrought up')","Interaction between statutory liability and preserved common law liability creates dual regimes","Specific monetary caps ($20, $100, $30, $4) requiring lookup in Schedules"],"plain_english_summary":"This law sets the rules for **common carriers** — businesses that transport goods or people for hire (like trucking companies, bus operators, or delivery services). It limits how much money these carriers must pay if they lose or damage certain valuable items, unless the customer declares the value upfront and pays extra.\n\n**Key points:**\n\n- **What it covers:** Land-based transport services that carry goods or passengers for payment.\n\n- **The $20 limit:** If you send valuable items like gold, jewellery, cash, paintings, silk, furs, or opium (listed in Schedule 2) without declaring their value, the carrier is only liable for up to $20 if they go missing or get damaged.\n\n- **How to get full protection:** You must declare the item's value when you hand it over, and pay an extra fee (which the carrier must display on a notice at their office). If you do this, the carrier must give you a receipt acknowledging the insurance.\n\n- **Animal transport:** Special rules apply to livestock. If a horse, cow, or sheep is lost or injured due to the carrier's negligence, there's a cap on damages ($100 for horses, $30 for cattle, $4 for sheep/pigs) unless you declare a higher value and pay extra.\n\n- **What carriers can't do:** They can't use public notices or contract terms to escape liability for their own negligence or their employees' misconduct. Any notice trying to do this is void.\n\n- **Why it matters:** This balances risk between transport businesses and customers. It protects carriers from crippling liability for small mistakes with extremely valuable undeclared goods, while ensuring customers can get full protection by paying a fair premium for declared high-value items."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/common-carriers-act-1902","history":"/api/acts/common-carriers-act-1902/history","analysis":"/api/acts/common-carriers-act-1902/analysis","conflicts":"/api/acts/common-carriers-act-1902/conflicts","importantCases":"/api/acts/common-carriers-act-1902/important-cases","documents":"/api/acts/common-carriers-act-1902/documents"}}