{"id":"nsw:act-1997-092","name":"Sea-Carriage Documents Act 1997","slug":"sea-carriage-documents-act-1997","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"92 of 1997","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105362,"registerId":"nsw-act-1997-092-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Sea-Carriage Documents Act 1997](/view/html/inforce/current/act-1997-092).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Application","content":"#### 3 Application\n\n3 Application\n\n> This Act applies only in relation to sea-carriage documents coming into existence on or after the commencement of this section.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Repeal of Part 5A of Sale of Goods Act 1923","content":"#### 4 Repeal of Part 5A of Sale of Goods Act 1923\n\n4 Repeal of Part 5A of [Sale of Goods Act 1923](/view/html/inforce/current/act-1923-001)\n\n> Part 5A of the [Sale of Goods Act 1923](/view/html/inforce/current/act-1923-001) is repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n5 Definitions\n\n> In this Act:\n> \n> bill of lading means a bill of lading (including a received for shipment bill of lading) which is capable of transfer:\n> \n> > (a) by endorsement, or\n> \n> > (b) as a bearer bill, by delivery without endorsement.\n> \n> contract of carriage, in relation to a sea-carriage document, means:\n> \n> > (a) in the case of a bill of lading or a sea waybill—the contract of carriage contained in, or evidenced by, the document, or\n> \n> > (b) in the case of a ship’s delivery order—the contract of carriage in association with which the order is given.\n> \n> data message means information generated, stored or communicated by electronic, optical or analogous means including, but not limited to, electronic data interchange, electronic mail, telegram, telex and telecopy.\n> \n> goods, in relation to a sea-carriage document, means the goods to which the document relates.\n> \n> identification, in relation to the identification of a person in a sea-carriage document, includes the identification of the person by a description which allows for the person’s identity to be varied, in accordance with the document, after its issue.\n> \n> lawful holder, in relation to a bill of lading, means a person who:\n> \n> > (a) has come into possession of the bill, in good faith, as the consignee of the goods, by virtue of being identified in the bill, or\n> \n> > (b) has come into possession of the bill, in good faith, as a result of the completion, by delivery of the bill:\n> > \n> > > (i) of any endorsement of the bill, or\n> > \n> > > (ii) in the case of a bearer bill—of any other transfer of the bill, or\n> \n> > (c) would be the lawful holder of the bill under paragraph (a) or (b) had not the person come into possession of the bill as the result of a transaction effected at a time when possession of the bill no longer gave a right (as against the carrier) to possession of the goods.\n> \n> sea-carriage document means a bill of lading, a sea waybill or a ship’s delivery order.\n> \n> sea waybill means a document other than a bill of lading which:\n> \n> > (a) is issued by the carrier of the goods, and\n> \n> > (b) is a receipt for the goods, and\n> \n> > (c) contains or evidences a contract for the carriage of the goods by sea, and\n> \n> > (d) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with the contract.\n> \n> ship’s delivery order means a document other than a bill of lading or a sea waybill which:\n> \n> > (a) is given in association with a contract for the carriage of goods by sea including those to which the document relates, and\n> \n> > (b) contains an undertaking by the carrier to deliver the goods to which the document relates to a person identified in the document.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Electronic and computerised sea-carriage documents","content":"#### 6 Electronic and computerised sea-carriage documents\n\n6 Electronic and computerised sea-carriage documents\n\n> > (1) Subject to this section, this Act applies:\n> > \n> > > (a) in relation to a sea-carriage document in the form of a data message—in the same way as it applies in relation to a written sea-carriage document, and\n> > \n> > > (b) in relation to the communication of a sea-carriage document by means of a data message—in the same way as it applies in relation to the communication of a sea-carriage document by other means.\n> \n> > (2) This Act applies under subsection (1) with necessary changes and in accordance with procedures agreed between the parties to the contract of carriage.\n> \n> > (3) Without limiting the generality of subsection (2), in this Act, in the application of the following terms to a sea-carriage document in the form of a data message, or to the communication of a sea-carriage document by means of a data message:\n> > \n> > delivery includes any form of communication which constitutes delivery under the terms of the contract of carriage.\n> > \n> > endorsement includes any form of authorisation which constitutes endorsement under the terms of the contract of carriage.\n> > \n> > possession, in relation to the document, includes being in receipt of the document in any manner which constitutes possession under the terms of the contract of carriage.\n> > \n> > signed includes authentication in any manner which constitutes signing under the terms of the contract of carriage.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Application where goods have ceased to exist, or cannot be identified","content":"#### 7 Application where goods have ceased to exist, or cannot be identified\n\n7 Application where goods have ceased to exist, or cannot be identified\n\n> Without prejudice to the operation of section 8 (4) or 12, nothing in this Act precludes its operation in relation to a sea-carriage document where the goods:\n> \n> > (a) cease to exist after the issue of the document, or\n> \n> > (b) cannot be identified (whether because they are mixed with other goods, or for any other reason).","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Rights under contracts of carriage","content":"# Part 2 Rights under contracts of carriage\n\nPart 2 Rights under contracts of carriage","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Transfer of rights","content":"#### 8 Transfer of rights\n\n8 Transfer of rights\n\n> > (1) All rights under the contract of carriage in relation to which a sea-carriage document is given are transferred to:\n> > \n> > > (a) in the case of a bill of lading—each successive lawful holder of the bill, or\n> > \n> > > (b) in the case of a sea waybill—the person (not being an original party to the contract) to whom delivery of the goods is to be made by the carrier in accordance with the contract, or\n> > \n> > > (c) in the case of a ship’s delivery order—the person to whom delivery of the goods is to be made in accordance with the order.\n> \n> > (2) Rights in a contract of carriage transferred to a person under subsection (1) vest in that person as if the person had been an original party to the contract.\n> \n> > (3) Rights in a contract of carriage in relation to which a ship’s delivery order is given are transferred under subsection (1):\n> > \n> > > (a) subject to the terms of the order, and\n> > \n> > > (b) only in respect of the goods to which the order relates.\n> \n> > (4) Where a person becomes the lawful holder of a bill of lading when possession of the bill no longer gives a right (as against the carrier) to possession of the goods, no rights are transferred to that person under subsection (1) unless the person becomes the lawful holder of the bill:\n> > \n> > > (a) by virtue of a transaction effected under any contractual or other arrangement made before the possession of the bill ceased to give such a right to possession, or\n> > \n> > > (b) as a result of the re-endorsement of the bill following rejection to that person by another person of goods or documents delivered to the other person under any contractual or other arrangement made before the possession of the bill ceased to give such a right to possession.\n> \n> > (5) Where, in relation to a sea-carriage document:\n> > \n> > > (a) a person with any interest or right in relation to the goods sustains loss or damage in consequence of a breach of the contract of carriage, and\n> > \n> > > (b) subsection (1) operates to transfer the rights in that contract to another person,\n> > \n> > the person to whom the rights in the contract are transferred is entitled to exercise those rights for the benefit of the person who sustained the loss or damage to the same extent that they would be able to be exercised if they were vested in that person.\n> \n> > (6) In this section, a reference to a contract of carriage, in relation to the transfer of rights under the contract, is to be taken to be a reference to the contract as varied by any variation of which the transferee has notice at the time of the transfer.","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Extinguishment of previous rights","content":"#### 9 Extinguishment of previous rights\n\n9 Extinguishment of previous rights\n\n> > (1) Where section 8 operates in relation to a bill of lading to transfer rights under the contract of carriage, the transfer extinguishes any entitlement to those rights which derives from:\n> > \n> > > (a) a person’s having been an original party to the contract of carriage, or\n> > \n> > > (b) the previous operation of that section.\n> \n> > (2) Where section 8 operates in relation to a sea waybill or ship’s delivery order to transfer rights under the relevant contract of carriage:\n> > \n> > > (a) the transfer extinguishes any entitlement to those rights which derives from the previous operation of that section, and\n> > \n> > > (b) in the case of a sea waybill—the transfer is without prejudice to any rights which derive from a person’s having been an original party to the contract, and\n> > \n> > > (c) in the case of a ship’s delivery order—the transfer is without prejudice to any rights under the contract other than rights derived from the previous operation of that section.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Liabilities under contracts of carriage","content":"# Part 3 Liabilities under contracts of carriage\n\nPart 3 Liabilities under contracts of carriage","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Transfer of liabilities","content":"#### 10 Transfer of liabilities\n\n10 Transfer of liabilities\n\n> > (1) This section applies to a person where rights in the contract of carriage in relation to a sea-carriage document are transferred to the person under section 8 and:\n> > \n> > > (a) before those rights are transferred, the person demands or takes delivery from the carrier of any of the goods, or\n> > \n> > > (b) after those rights are transferred, the person demands or takes delivery from the carrier of any of the goods, or\n> > \n> > > (c) the person makes a claim under the contract against the carrier in respect of any of the goods.\n> \n> > (2) A person to whom this section applies is subject to the liabilities under the contract as if the person had been an original party to the contract.\n> \n> > (3) A person to whom subsection (1) (a) applies becomes subject to the liabilities under the contract under subsection (2) at the time the rights in the contract are transferred to the person.\n> \n> > (4) In this section, a reference to a contract of carriage, in relation to a person who becomes subject to a liability under the contract by virtue of this section, is to be taken to be a reference to the contract as varied by any variation of which the person has notice at the time of becoming subject to the liability.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Liability of original parties","content":"#### 11 Liability of original parties\n\n11 Liability of original parties\n\n> Section 10 does not operate so as to prejudice the liability under a contract of carriage of any original party to the contract.","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Evidence","content":"# Part 4 Evidence\n\nPart 4 Evidence","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Shipment under bills of lading","content":"#### 12 Shipment under bills of lading\n\n12 Shipment under bills of lading\n\n> > (1) This section applies in relation to a bill of lading which:\n> > \n> > > (a) represents goods to have been shipped, or received for shipment, on board a vessel, and\n> > \n> > > (b) is signed:\n> > > \n> > > > (i) by the master of the vessel, or\n> > > \n> > > > (ii) by another person with the express, implied or apparent authority of the carrier to sign bills of lading.\n> \n> > (2) A bill of lading to which this section applies is prima facie evidence as against the carrier, in favour of the shipper, of the shipment of the goods or, in the case of a received for shipment bill of lading, of their receipt for shipment.\n> \n> > (3) A bill of lading to which this section applies is conclusive evidence as against the carrier, in favour of a lawful holder of the bill, of the shipment of the goods or, in the case of a received for shipment bill of lading, of their receipt of shipment.","sortOrder":15},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":16},{"sectionNumber":"13","sectionType":"section","heading":"Regulations","content":"#### 13 Regulations\n\n13 Regulations\n\n> The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":17},{"sectionNumber":"14","sectionType":"section","heading":"Review of Act","content":"#### 14 Review of Act\n\n14 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":18}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: governing the transfer of contractual rights and liabilities for sea-carriage documents. The scope has not expanded beyond maritime carriage documents, and the electronic provisions in section 6 were clearly contemplated as part of the original modernising intent rather than scope creep."},"complexity_factors":["Multiple defined terms (9 definitions) with nested sub-definitions, particularly 'lawful holder' which contains three alternative pathways plus a counterfactual condition","Conditional logic throughout: section 8(4) contains a double negative exception ('no rights...unless') with two alternative qualifying conditions","Cross-references between Parts: rights transfer in Part 2 triggers liability transfer in Part 3 via section 10(1)","Differential treatment of document types: bills of lading, sea waybills and ship's delivery orders are treated with subtly different rules for rights extinction (section 9) and transfer scope","Electronic adaptation clause (section 6) requires 'necessary changes' and party agreement, creating interpretive uncertainty","Temporal complexity: application limited to documents 'coming into existence on or after commencement' (section 3), and review clause mandating post-5-year review (section 14)"],"plain_english_summary":"This law governs how rights and responsibilities move between parties when goods are shipped by sea. It covers three key documents: **bills of lading** (transferable documents proving ownership of goods), **sea waybills** (non-transferable delivery instructions), and **ship's delivery orders** (instructions to release specific goods).\n\n**What it does:**\n- **Transfers rights**: When someone becomes the lawful holder of a bill of lading, or the designated recipient under a sea waybill or delivery order, they automatically gain the right to sue the shipping company for any breaches of the carriage contract (like damaged or lost goods).\n- **Transfers liabilities**: Anyone who takes delivery of goods or makes a claim against the carrier becomes responsible for obligations under the contract (like paying freight charges), as if they had originally signed the contract.\n- **Protects electronic documents**: The law applies equally to electronic versions of these documents, provided the parties agree on the procedures.\n- **Provides evidence rules**: A bill of lading signed by the ship's master is conclusive proof that goods were actually shipped—protecting buyers who rely on these documents.\n\n**Who it affects:**\n- **Exporters and importers** who buy and sell goods shipped by sea\n- **Banks** that finance trade by holding bills of lading as security\n- **Shipping companies** (carriers) who issue these documents\n- **Freight forwarders** and logistics companies\n\n**Why it matters:**\nBefore this Act, there was legal confusion about who could sue for damaged cargo—especially when goods changed hands multiple times during transit. This law clarifies that rights follow the document, making international trade more secure and predictable. It replaced outdated provisions in the Sale of Goods Act 1923 to match modern commercial practices, including electronic documentation."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have remained unchanged since its commencement on 4 November 1997 — there is only one point-in-time version recorded. No amendments or expansions of scope are evident from the information provided."},"complexity_factors":["Operates within a specialised area of commercial/maritime law requiring knowledge of international trade practices","Involves negotiable instruments (bills of lading) and the transfer of contractual rights — concepts not familiar to most laypeople","Interacts with both federal maritime law and state contract law, creating potential jurisdictional complexity","The full text of operative provisions was not available for review, making a complete complexity assessment impossible","Subject matter involves multi-party transactions (shipper, carrier, consignee, banks) with different rights at different points in time","Has international dimensions — likely mirrors or implements principles from international shipping conventions"],"plain_english_summary":"## Sea-Carriage Documents Act 1997 (NSW)\n\n**What is this law about?**\nThis is a NSW law dealing with **sea-carriage documents** — the legal paperwork used when goods are shipped by sea. This typically includes documents like **bills of lading** (a receipt and contract issued by a shipping company confirming it has received goods for transport) and similar shipping documents.\n\n**Who does it affect?**\n- Businesses and individuals who import or export goods by sea\n- Shipping companies operating to/from NSW ports\n- Banks and financiers who use shipping documents as security for loans\n- Buyers and sellers of goods in international trade\n\n**Why does it matter?**\nShipping documents aren't just receipts — they can be traded, transferred, and used to claim ownership of goods in transit. This law governs who has legal rights under those documents when they change hands, and ensures that the person holding the document can enforce the contract of carriage even if they weren't the original shipper.\n\n**Important limitation:** Unfortunately, the actual text of the legislation's operative provisions (the sections containing the real rules) was not included in the provided content — only the metadata and website navigation were supplied. A full analysis of the specific rights and obligations created cannot be completed without the full text."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Act appears to be a standalone statute that replaced Part 5A of the Sale of Goods Act 1923 (as stated in section 4). There is no indication that its scope has expanded beyond its original intent to codify and clarify the transfer of rights and liabilities under sea-carriage documents."},"complexity_factors":["14 sections with several cross-references between sections (e.g., sections 7, 8, 9, 10).","Multiple defined terms (10 definitions in section 5) with precise legal meanings.","Conditional logic in sections 8 and 10, including exceptions and scenarios like bills of lading held after the right to possession has ended.","Provisions for electronic equivalents (section 6) require adjustment of traditional concepts like 'delivery' and 'endorsement'.","Interplay between transfer of rights (Part 2) and transfer of liabilities (Part 3) with different triggers."],"plain_english_summary":"This Act sets out the legal rules for transferring rights and liabilities under contracts for carrying goods by sea when using documents like bills of lading, sea waybills, or ship's delivery orders. \n\n**Who it affects:** Anyone involved in shipping goods by sea—shippers, carriers, and people who later receive or take possession of the goods (like buyers or banks).\n\n**What it does:**\n- **Transfers rights:** When a bill of lading is passed from one person to another (for example, when goods are sold while at sea), the new holder automatically gets all the rights under the original contract of carriage, as if they had signed it themselves. For sea waybills, the person named to receive the goods gets those rights. For ship's delivery orders, the person named gets rights only for the goods listed.\n- **Transfers liabilities:** If the new holder takes delivery of the goods or makes a claim against the carrier, they also become liable under the contract (for example, to pay freight or demurrage charges), as if they were an original party. The original shipper remains liable too.\n- **Electronic documents:** The Act applies equally to electronic versions of these documents, as long as the parties agree on how to handle things like delivery, endorsement, possession, and signatures.\n- **Evidence:** A bill of lading signed by the ship's master or an authorised person is strong evidence that the goods were actually shipped. Against the carrier, it is conclusive proof in favour of a good-faith holder.\n\n**Why it matters:** This Act makes trade finance and the sale of goods in transit more predictable by clearly defining who has rights and obligations when shipping documents change hands. It reduces uncertainty and legal costs for businesses involved in international trade."}},"importantCases":[],"_links":{"self":"/api/acts/sea-carriage-documents-act-1997","history":"/api/acts/sea-carriage-documents-act-1997/history","analysis":"/api/acts/sea-carriage-documents-act-1997/analysis","conflicts":"/api/acts/sea-carriage-documents-act-1997/conflicts","importantCases":"/api/acts/sea-carriage-documents-act-1997/important-cases","documents":"/api/acts/sea-carriage-documents-act-1997/documents"}}