10Application of the amended Hague Rules

10 Application of the amended Hague Rules

(1) The amended Hague Rules only apply to a contract of carriage of goods by sea that: (a) is made on or after the commencement of Schedule 1A and before the commencement of Part 3; and (b) is a contract: (i) to which, under Article 10 of the amended Hague Rules, those Rules apply; or (ii) subject to subsections (1A) and (2)—for the carriage of goods by sea from a port in Australia to another port in Australia; or (iii) contained in or evidenced by a non‑negotiable document (other than a bill of lading or similar document of title), being a contract that contains express provision to the effect that the amended Hague Rules are to govern the contract as if the document were a bill of lading.

Note: The amended Hague Rules are set out in Schedule 1A—see ss 4(1) and 7(1).

(1A) If a contract for the carriage of goods by sea referred to in subparagraph 10(1)(b)(ii) is contained only in, or evidenced only by, a consignment note, the amended Hague Rules apply to the contract only if paragraph 5 of Article 10 of those Rules so requires. (2) The amended Hague Rules do not apply in relation to the carriage of goods by sea from a port in any State or Territory in Australia to any other port in that State or Territory.