{"id":"nsw:act-1921-005","name":"Sea-carriage of Goods (State) Act 1921","slug":"sea-carriage-of-goods-state-act-1921","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"5 of 1921","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":111939,"registerId":"nsw-act-1921-005-current","compilationNumber":null,"startDate":"2026-04-03","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 [Sea-carriage of Goods (State) Act 1921](/view/html/inforce/current/act-1921-005).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement of Act","content":"#### 2 Commencement of Act\n\n2 Commencement of Act\n\n> This Act shall commence on the first day of January, one thousand nine hundred and twenty-two.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this Act, goods includes every description of wares, merchandise, and things, except live animals.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"#### 4 Application of Act\n\n4 Application of Act\n\n> This Act shall apply only in relation to ships carrying goods from any one place in the State of New South Wales to any other place in the said State, and in relation to goods so carried, or received to be so carried, in those ships.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Certain clauses prohibited in bills of lading","content":"#### 5 Certain clauses prohibited in bills of lading\n\n5 Certain clauses prohibited in bills of lading\n\n> Where any bill of lading or document contains any clause, covenant, or agreement, whereby:\n> \n> > (a) the owner, charterer, master, or agent of any ship, or the ship itself, is relieved from liability for loss or damage to goods arising from the harmful or improper condition of the ship’s hold, or any other part of the ship in which goods are carried, or arising from negligence, fault, or failure in the proper loading, stowage, custody, care, or delivery of goods received by them, or any of them, to be carried in or by the ship, or\n> \n> > (b) any obligations of the owner or charterer of any ship to exercise due diligence, and to properly man, equip, and supply the ship, to make and keep the ship seaworthy, and to make and keep the ship’s hold, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation, are in any wise lessened, weakened, or avoided, or\n> \n> > (c) the obligations of the master, officers, agents, or servants of any ship to carefully handle and stow goods, and to care for, preserve, and properly deliver them, are in any wise lessened, weakened, or avoided,\n> \n> that clause, covenant, or agreement shall be illegal, null and void, and of no effect.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Construction and jurisdiction","content":"#### 6 Construction and jurisdiction\n\n6 Construction and jurisdiction\n\n> All parties to any bill of lading or document relating to the carriage of goods from any place in the State of New South Wales to any other place in the said State, shall be deemed to have intended to contract according to the laws in force in the said State, and any stipulation or agreement to the contrary, or purporting to oust or lessen the jurisdiction of the courts of the Commonwealth or of the said State in respect of the bill of lading or document, shall be illegal, null and void, and of no effect.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Penalties","content":"#### 7 Penalties\n\n7 Penalties\n\n> The owner, charterer, master, or agent of a ship shall not:\n> \n> > (a) insert in any bill of lading or document any clause, covenant, or agreement declared by this Act to be illegal, or\n> \n> > (b) make, sign, or execute any bill of lading or document containing any clause, covenant, or agreement declared by this Act to be illegal.\n> \n> Any such owner, charterer, master, or agent who contravenes any of the provisions of this section shall be liable to a penalty not exceeding 2 penalty units.\n> \n> **s 7:** Am 1993 No 47, Sch 1.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Implied clauses in bills of lading","content":"#### 8 Implied clauses in bills of lading\n\n8 Implied clauses in bills of lading\n\n> > (1) In every bill of lading with respect to goods a warranty shall be implied that the ship shall be, at the beginning of the voyage, seaworthy in all respects, and properly manned, equipped, and supplied.\n> \n> > (2) In every bill of lading with respect to goods, unless the contrary intention appears, a clause shall be implied whereby, if the ship is at the beginning of the voyage seaworthy in all respects, and properly manned, equipped, and supplied, neither the ship nor her owner, master, agent, or charterer shall be responsible for damage to or loss of the goods resulting from:\n> > \n> > > (a) faults or errors in navigation, or\n> > \n> > > (b) perils of the sea or navigable waters, or\n> > \n> > > (c) acts of God or the King’s enemies, or\n> > \n> > > (d) the inherent defect, quality, or vice of the goods, or\n> > \n> > > (e) the insufficiency of package of the goods, or\n> > \n> > > (f) the seizure of the goods under legal process, or\n> > \n> > > (g) any act of omission of the shipper or owner of the goods, his or her agent or representative, or\n> > \n> > > (h) saving or attempting to save life or property at sea, or\n> > \n> > > (i) any deviation in saving or attempting to save life or property at sea.","sortOrder":7}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"While the original intent in 1921 was to provide a meaningful and operative framework for sea carriage of goods in NSW, the practical scope of this Act has been drastically narrowed over time. The enactment of comprehensive Commonwealth legislation (particularly the Carriage of Goods by Sea Act 1991 (Cth)) has effectively displaced this state law under the constitutional supremacy of federal law (section 109 of the Australian Constitution). What was once intended as substantive commercial regulation now functions, at best, as a historical artefact with minimal real-world application."},"complexity_factors":["The legislation itself is over 100 years old, meaning any analysis requires historical and comparative legal context to understand its current relevance","The full text of the Act is not provided — only metadata and website navigation content — making substantive analysis of its provisions impossible from this document alone","The interplay between state and federal law in sea carriage (constitutional division of powers) adds a layer of legal complexity for anyone trying to determine which law actually applies to them","Its status as an apparently dormant but technically 'in force' piece of legislation creates ambiguity about practical applicability"],"plain_english_summary":"This 1921 New South Wales law originally set out the rights and duties of ship operators and shippers for sea carriage of goods. It would nominally affect importers, exporters and freight operators in NSW, but in practice it’s largely superseded by Commonwealth law (notably the Carriage of Goods by Sea Act 1991). Today the Act is mostly a historical relic on the statute books with little practical effect on modern shipping."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: regulating bills of lading for intra-state coastal shipping in NSW. The only amendment noted (1993) updated the penalty reference to 'penalty units'—a standard modernisation—without expanding the Act's substantive scope or application."},"complexity_factors":["Only 1 defined term ('goods') in the entire Act","No cross-references to other legislation","Straightforward conditional structure (if X, then Y is void)","Simple penalty provision with flat maximum","Minimal nesting of exceptions (only the implied exemptions in section 8(2))","Short total length (8 sections)","Clear, declarative language typical of early 20th century statute drafting"],"plain_english_summary":"This law protects businesses and individuals who ship goods by sea within New South Wales (from one NSW port to another). It stops shipping companies from using unfair contract terms to avoid responsibility for damaged or lost cargo.\n\n**What it does:**\n- **Bans unfair clauses** in shipping contracts (called \"bills of lading\") that would let ship owners, captains, or agents avoid paying for losses caused by:\n  - Poor ship maintenance (unsafe holds, broken equipment)\n  - Careless loading, storage, or delivery of goods\n  - Failing to properly staff or supply the vessel\n- **Makes NSW law apply** to all coastal shipping contracts within the state, preventing companies from trying to use overseas laws or courts to avoid accountability.\n- **Sets penalties** (up to 2 penalty units) for anyone who tries to use these banned clauses.\n- **Adds automatic protections** into every contract:\n  - Ships must be seaworthy and properly equipped at the start of the voyage\n  - But ship owners aren't liable for certain unavoidable risks like storms at sea, navigation errors, or defective packaging\n\n**Who it affects:**\n- Ship owners, charterers, captains, and shipping agents operating between NSW ports\n- Businesses and individuals sending goods by sea within NSW\n\n**Why it matters:**\nBefore this law, powerful shipping companies could force customers to sign contracts that let them off the hook for negligence—like failing to maintain a ship's cargo hold or carelessly stowing goods. This law levels the playing field by making certain basic responsibilities non-negotiable."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act’s operative scope is confined expressly to carriage of goods between places within the State of New South Wales (s4). Nothing in the provided text indicates an expansion or reduction of that territorial or subject-matter scope from its stated application; penalties and implied terms operate within that defined intra-state carriage framework (ss4,5,7,8)."},"complexity_factors":["Limited, single-issue scope (s4): applies only to carriage between places within New South Wales — narrows legal focus and factual scope.","Prohibition of exclusion clauses (s5): broadly framed ban on clauses relieving owners/charterers/masters/agents from liability for unsafe condition, negligence or improper handling — requires courts to assess clause effect and nullity.","Implied warranty of seaworthiness (s8(1)): creates an automatic carrier obligation at voyage start, affecting carrier risk and insurance analysis.","Implied exceptions (s8(2)): enumerates defences (navigation errors, perils of the sea, acts of God/enemy, inherent vice, packaging insufficiency, seizure, shipper’s acts, saving life/property and deviations for that purpose) — these carve-outs complicate liability determinations by requiring factual findings.","Who bears responsibility (s5, s7, s8): owner/charterer/master/agent are targeted for liability and penalties; they are the regulated parties and primary bearers of compliance costs.","Enforcement and penalty (s7): contraventions by the listed ship parties attract a penalty not exceeding 2 penalty units (amended note) — a modest statutory sanction to enforce the ban.","Choice-of-law/jurisdiction clause (s6): deems parties to have intended NSW law and voids attempts to oust Commonwealth/State courts — limits party autonomy over forum and law.","Definitions and exclusions (s3): 'goods' excludes live animals — a narrow definitional exception that affects applicability.","Formal but short structure (ss1–2): Act includes formal name and historical commencement — simple formalities but no procedural or administrative regimes.","Interpretive work for courts: despite statutory clarity, courts must interpret whether particular contractual clauses 'lessen, weaken or avoid' obligations and whether factual circumstances fall within the enumerated exceptions (s5, s8(2))."],"plain_english_summary":"**What it does:** This short law governs sea transport of goods between places inside New South Wales. It makes contract terms void that try to exempt shipowners, charterers, masters or agents from liability for negligent handling, unsafe holds, or failures in loading and delivery, implies a warranty that a ship is seaworthy at voyage start, and lists standard defences (eg, perils of the sea, inherent vice). It excludes live animals and imposes a small penalty for inserting illegal clauses."}},"importantCases":[],"_links":{"self":"/api/acts/sea-carriage-of-goods-state-act-1921","history":"/api/acts/sea-carriage-of-goods-state-act-1921/history","analysis":"/api/acts/sea-carriage-of-goods-state-act-1921/analysis","conflicts":"/api/acts/sea-carriage-of-goods-state-act-1921/conflicts","importantCases":"/api/acts/sea-carriage-of-goods-state-act-1921/important-cases","documents":"/api/acts/sea-carriage-of-goods-state-act-1921/documents"}}