{"id":"seacarriage-documents-act-1998","name":"Sea-carriage Documents Act 1998","slug":"sea-carriage-documents-act-1998","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30591,"registerId":"nt-seacarriage-documents-act-1998-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sea-carriage Documents Act 1998","content":"NORTHERN TERRITORY OF AUSTRALIA\nSEA-CARRIAGE DOCUMENTS ACT 1998\nAs in force at 1 June 1998\nTable of provisions\nPart 1 Preliminary\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Application ....................................................................................... 1\n4 Repeal ............................................................................................. 1\n5 Definitions ........................................................................................ 1\n6 Electronic and computerised sea-carriage documents .................... 3\n7 Application where goods have ceased to exist, or cannot be\nidentified .......................................................................................... 4\nPart 2 Rights under contracts of carriage\n8 Transfer of rights ............................................................................. 4\n9 Extinguishment of previous rights .................................................... 5\nPart 3 Liabilities under contracts of carriage\n10 Transfer of liabilities ......................................................................... 6\n11 Liability of original parties ................................................................ 7\nPart 4 Evidence\n12 Shipment under bills of lading.......................................................... 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 June 1998\n____________________\nSEA-CARRIAGE DOCUMENTS ACT 1998\nAn Act to reform the law relating to bills of lading, sea waybills and\nships' delivery orders\nPart 1 Preliminary\n1 Short title\nThis Act may be cited as the Sea-Carriage Documents Act 1998.\n2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n3 Application\nThis Act applies only in relation to sea-carriage documents coming\ninto existence on or after the date of commencement of this section.\n4 Repeal\nThe Bills of Lading Act, 1859 (No. 25 of 1859) of South Australia, in\nits application to the Territory as a law of the Territory, is repealed.\n5 Definitions\nIn this Act, unless the contrary intention appears:\nbill of lading means a bill of lading (including a received for\nshipment bill of lading) that is capable of transfer:\n(a) by endorsement; or\n(b) as a bearer bill, by delivery without endorsement.\ncontract of carriage, in relation to a sea-carriage document,\nmeans:\n(a) in the case of a bill of lading or a sea waybill – the contract of\ncarriage contained in, or evidenced by, the document; or\n\nPart 1 Preliminary\n(b) in the case of a ship's delivery order – the contract of carriage\nin association with which the order is given.\ndata message means information generated, stored or\ncommunicated by electronic, optical or analogous means including,\nbut not limited to, electronic data interchange, electronic mail,\ntelegram, telex and telecopy.\ngoods, in relation to a sea-carriage document, means the goods to\nwhich the document relates.\nidentification, in relation to the identification of a person in a sea-\ncarriage document, includes the identification of the person by a\ndescription that allows for the person's identity to be varied, in\naccordance with the document, after its issue.\nlawful holder, in relation to a bill of lading, means a person who:\n(a) has come into possession of the bill, in good faith, as the\nconsignee of the goods, by virtue of being identified in the bill;\n(b) has come into possession of the bill, in good faith, as a result\nof the completion, by delivery of the bill:\n(i) of any endorsement of the bill; or\n(ii) in the case of a bearer bill, of any other transfer of the\nbill; or\n(c) would be the lawful holder of the bill under paragraph (a) or (b)\nhad not the person come into possession of the bill as the\nresult of a transaction effected at a time when possession of\nthe bill no longer gave a right (as against the carrier) to\npossession of the goods.\nsea-carriage document means a bill of lading, a sea waybill or a\nship's delivery order.\nsea waybill means a document, other than a bill of lading, that:\n(a) is issued by the carrier of the goods;\n(b) is a receipt for the goods;\n(c) contains or evidences a contract for the carriage of the goods\nby sea; and\n(d) identifies the person to whom delivery of the goods is to be\nmade by the carrier in accordance with the contract.\nSea-Carriage Documents Act 1998 2\n\nPart 1 Preliminary\nship's delivery order means a document, other than a bill of lading\nor a sea waybill, that:\n(a) is given in association with a contract for the carriage of goods\nby sea including those to which the document relates; and\n(b) contains an undertaking by the carrier to deliver the goods to\nwhich the document relates to a person identified in the\ndocument.\n6 Electronic and computerised sea-carriage documents\n(1) Subject to this section, this Act applies:\n(a) in relation to a sea-carriage document in the form of a data\nmessage, in the same way as it applies in relation to a written\nsea-carriage document; and\n(b) in relation to the communication of a sea-carriage document\nby means of a data message, in the same way as it applies in\nrelation to the communication of a sea-carriage document by\nother means.\n(2) This Act applies under subsection (1) with necessary changes and\nin accordance with procedures agreed between the parties to the\ncontract of carriage.\n(3) Without limiting the generality of subsection (2), in this Act, in the\napplication of the following terms to a sea-carriage document in the\nform of a data message, or to the communication of a sea-carriage\ndocument by means of a data message:\ndelivery includes any form of communication that constitutes\ndelivery under the terms of the contract of carriage.\nendorsement includes any form of authorisation that constitutes\nendorsement under the terms of the contract of carriage.\npossession, in relation to the document, includes being in receipt\nof the document in any manner that constitutes possession under\nthe terms of the contract of carriage.\nsigned includes authenticated in any manner that constitutes\nsigning under the terms of the contract of carriage.\nSea-Carriage Documents Act 1998 3\n\nPart 2 Rights under contracts of carriage\n7 Application where goods have ceased to exist, or cannot be\nidentified\nWithout prejudice to the operation of section 8(4) or section 12,\nnothing in this Act precludes its operation in relation to a\nsea-carriage document where the goods:\n(a) cease to exist after the issue of the document; or\n(b) cannot be identified (whether because they are mixed with\nother goods, or for any other reason).\nPart 2 Rights under contracts of carriage\n8 Transfer of rights\n(1) All rights under the contract of carriage in relation to which a\nsea-carriage document is given are transferred to:\n(a) in the case of a bill of lading, each successive lawful holder of\nthe bill;\n(b) in the case of a sea waybill, the person (not being an original\nparty to the contract) to whom delivery of the goods is to be\nmade by the carrier in accordance with the contract; or\n(c) in the case of a ship's delivery order, the person to whom\ndelivery of the goods is to be made in accordance with the\norder.\n(2) Rights in a contract of carriage transferred to a person under\nsubsection (1) vest in the person as if the person had been an\noriginal party to the contract.\n(3) Rights in a contract of carriage in relation to which a ship's delivery\norder is given are transferred under subsection (1):\n(a) subject to the terms of the order; and\n(b) only in respect of the goods to which the order relates.\nSea-Carriage Documents Act 1998 4\n\nPart 2 Rights under contracts of carriage\n(4) Where a person becomes the lawful holder of a bill of lading when\npossession of the bill no longer gives a right (as against the carrier)\nto possession of the goods, no rights are transferred to the person\nunder subsection (1) unless the person becomes the lawful holder\nof the bill:\n(a) by virtue of a transaction effected under any contractual or\nother arrangement made before the possession of the bill\nceased to give such a right to possession; or\n(b) as a result of the re-endorsement of the bill following rejection\nto that person by another person of goods or documents\ndelivered to the other person under any contractual or other\narrangement made before the possession of the bill ceased to\ngive such a right to possession.\n(5) Where, in relation to a sea-carriage document:\n(a) a person with any interest or right in relation to the goods\nsustains loss or damage in consequence of a breach of the\ncontract of carriage; and\n(b) subsection (1) operates to transfer the rights in that contract to\nanother person,\nthe person to whom the rights in the contract are transferred is\nentitled to exercise those rights for the benefit of the person who\nsustained the loss or damage to the same extent that they would be\nable to be exercised if they were vested in that person.\n(6) In this section, a reference to a contract of carriage, in relation to\nthe transfer of rights under the contract, is to be taken to be a\nreference to the contract as varied by any variation of which the\ntransferee has notice at the time of the transfer.\n9 Extinguishment of previous rights\n(1) Where section 8 operates in relation to a bill of lading to transfer\nrights under the contract of carriage, the transfer extinguishes any\nentitlement to those rights that derives from:\n(a) a person's having been an original party to the contract of\ncarriage; or\n(b) the previous operation of that section.\nSea-Carriage Documents Act 1998 5\n\nPart 3 Liabilities under contracts of carriage\n(2) Where section 8 operates in relation to a sea waybill or ship's\ndelivery order to transfer rights under the relevant contract of\ncarriage:\n(a) the transfer extinguishes any entitlement to those rights that\nderives from the previous operation of that section;\n(b) in the case of a sea waybill, the transfer is without prejudice to\nany rights that derive from a person's having been an original\nparty to the contract; and\n(c) in the case of a ship's delivery order, the transfer is without\nprejudice to any rights under the contract other than rights\nderived from the previous operation of that section.\nPart 3 Liabilities under contracts of carriage\n10 Transfer of liabilities\n(1) This section applies to a person where rights in the contract of\ncarriage in relation to a sea-carriage document are transferred to\nthe person under section 8 and:\n(a) before those rights are transferred, the person demands or\ntakes delivery from the carrier of any of the goods;\n(b) after those rights are transferred, the person demands or\ntakes delivery from the carrier of any of the goods; or\n(c) the person makes a claim under the contract against the\ncarrier in respect of any of the goods.\n(2) A person to whom this section applies is subject to the liabilities\nunder the contract as if the person had been an original party to the\ncontract.\n(3) A person to whom subsection (1)(a) applies becomes subject to the\nliabilities under the contract under subsection (2) at the time the\nrights in the contract are transferred to the person.\n(4) In this section, a reference to a contract of carriage, in relation to a\nperson who becomes subject to a liability under the contract by\nvirtue of this section, is to be taken to be a reference to the contract\nas varied by any variation of which the person has notice at the\ntime of becoming subject to the liability.\nSea-Carriage Documents Act 1998 6\n\nPart 4 Evidence\n11 Liability of original parties\nSection 10 does not operate so as to prejudice the liability under a\ncontract of carriage of any original party to the contract.\nPart 4 Evidence\n12 Shipment under bills of lading\n(1) This section applies in relation to a bill of lading that:\n(a) represents goods to have been shipped, or received for\nshipment, on board a vessel; and\n(b) is signed:\n(i) by the master of the vessel; or\n(ii) by another person with the express, implied or apparent\nauthority of the carrier to sign bills of lading.\n(2) A bill of lading to which this section applies is prima facie evidence\nas against the carrier, in favour of the shipper, of the shipment of\nthe goods or, in the case of a received for shipment bill of lading, of\ntheir receipt for shipment.\n(3) A bill of lading to which this section applies is conclusive evidence\nas against the carrier, in favour of a lawful holder of the bill, of the\nshipment of the goods or, in the case of a received for shipment bill\nof lading, of their receipt for shipment.\nSea-Carriage Documents Act 1998 7\n\nENDNOTES\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSea-Carriage Documents Act 1998 (Act No. 15, 1998)\nAssent date 30 March 1998\nCommenced 1 June 1998 (Gaz G18, 13 May 1998, p 2)\nSea-Carriage Documents Act 1998 8","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: 'An Act to reform the law relating to bills of lading, sea waybills and ships' delivery orders'. The scope covers exactly these three document types and addresses the core issues of rights transfer, liability transfer, and evidentiary status without significant expansion beyond this purpose."},"complexity_factors":["Multiple defined terms (8 key definitions in section 5) with nested definitions (e.g., 'lawful holder' has 3 sub-paragraphs with conditional logic)","Conditional operation of rights transfer in section 8(4) with temporal limitations ('when possession no longer gives a right')","Differential treatment across three document types (bills of lading vs sea waybills vs ship's delivery orders) requiring parallel but distinct analysis","Cross-references between Parts (section 7 references sections 8(4) and 12; section 11 references section 10)","Electronic document adaptation clause (section 6) requiring 'necessary changes' and party agreement, creating interpretive flexibility","Nested exceptions in extinguishment of rights (section 9) with different rules for bills of lading versus other document types"],"plain_english_summary":"**What this law does:**\n\nThis Act modernises the rules around shipping documents used when goods are transported by sea. It covers three main types of documents: **bills of lading** (transferable documents proving ownership of goods), **sea waybills** (non-transferable receipts for goods), and **ship's delivery orders** (instructions to deliver goods to a specific person).\n\n**Key changes:**\n\n- **Transfers rights to sue:** If you hold one of these documents, you automatically get the legal right to sue the shipping company if something goes wrong with your goods — even if you weren't the original customer who booked the shipment.\n- **Transfers responsibilities:** If you demand delivery of the goods or make a claim against the carrier, you also become responsible for any obligations under the shipping contract (like paying freight charges).\n- **Electronic documents:** The law recognises electronic versions of these documents, treating emails and digital transfers the same as paper documents.\n- **Evidence of shipment:** A bill of lading signed by the ship's master is treated as solid proof that the goods were actually loaded onto the ship.\n\n**Who it affects:**\n\n- **Importers and exporters** buying or selling goods shipped to/from the Northern Territory\n- **Banks** financing trade (since they often hold bills of lading as security)\n- **Shipping companies** (carriers) operating in NT waters\n- **Buyers of goods** who receive these documents after the original sale\n\n**Why it matters:**\n\nBefore this law, if you bought goods that arrived damaged, you might not have had legal standing to sue the shipping company unless you were the original shipper. This Act ensures that whoever legitimately holds the shipping document can enforce the contract. It also brings the Northern Territory into line with modern trade practices by recognising electronic documents and replacing a very old 1859 law from South Australia."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The original Bills of Lading Act 1859 (SA) only covered bills of lading. This Act significantly expands the scope to include sea waybills and ships' delivery orders, allows electronic documents, and provides a comprehensive framework for the transfer of rights and liabilities, including provisions for electronic equivalents and evidence."},"complexity_factors":["12 sections with defined terms and cross-references","Conditional extension to electronic documents requires party agreements","Transfer of rights and liabilities has exceptions (e.g., when goods cease to exist or when holder acquires after rights lost)","Rules differ for bills of lading, sea waybills, and ships' delivery orders"],"plain_english_summary":"This Northern Territory law updates the legal rules for shipping documents used when goods are transported by sea. It covers bills of lading (a receipt and contract for shipping that can be sold or transferred), sea waybills (similar but not transferable), and ships' delivery orders (instructions to deliver goods to a specific person). The Act lets these documents be electronic, not just on paper. It sets out who gets the rights (like claiming the goods) and who takes on the responsibilities (like paying freight) when a document is transferred. The key change is that the person who ends up with the document or demands delivery gets both the rights and the liabilities under the shipping contract, as if they were the original party. It also makes a bill of lading strong evidence that the goods were actually shipped, unless the holder knew otherwise. This Act applies in the Northern Territory and replaces a very old South Australian law from 1859."}},"importantCases":[],"_links":{"self":"/api/acts/sea-carriage-documents-act-1998","history":"/api/acts/sea-carriage-documents-act-1998/history","analysis":"/api/acts/sea-carriage-documents-act-1998/analysis","conflicts":"/api/acts/sea-carriage-documents-act-1998/conflicts","importantCases":"/api/acts/sea-carriage-documents-act-1998/important-cases","documents":"/api/acts/sea-carriage-documents-act-1998/documents"}}