{"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 The Act mentioned in the First Schedule is to the extent therein mentioned hereby repealed.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n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":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Act is a consolidation and replacement of the earlier 1878 Act with similar provisions. It does not significantly expand the original scope; it maintains the same framework of limiting carrier liability for valuable goods and animals, with minor updates (e.g., currency conversion from pounds to dollars)."},"complexity_factors":["Definitions: only one defined term ('common carrier'), but its meaning is limited to land carriers.","Conditional liability: carrier liability depends on declaration of value, payment of extra charge, and notice posting.","Exceptions: sections 9 and 10 contain qualifications and exceptions (e.g., special contracts must be signed, liability for employee misconduct).","Schedules: two schedules list specific goods and animal damage caps, adding detail.","Historical context: repeals earlier Act, but no complex cross-references."],"plain_english_summary":"This law limits the liability of land-based transport companies (called 'common carriers') for loss or damage to certain valuable items. If you send a package containing items like gold, silver, jewellery, watches, precious stones, silks, furs, or other listed valuables (see Schedule 2) worth more than $20, the carrier is not liable for loss or damage unless you declare the value and nature of the items at the time of delivery. If you do declare, the carrier may charge an extra fee (notified publicly) for the increased risk. The carrier must give you a receipt if requested, acknowledging the items were 'insured'. If the carrier doesn't give the receipt or post the notice, they lose the protection of this Act and are fully liable under common law.\n\nThe Act also sets maximum damages for loss or injury to animals: $100 per horse, $30 per head of cattle, and $4 per sheep or pig (see Schedule 3). However, if you declare a higher value, the carrier can charge a reasonable extra percentage. Carriers remain liable for loss or injury caused by their own or their employees' neglect or misconduct. Any notice contrary to this Act is void. The Act repeals the earlier Common Carriers Act of 1878."},"issue_detection":{"absurdities":[],"contradictions":[]},"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."},"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."}},"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"}}