89Definitions

89 Definitions In this Part— ***bill of lading*** means a bill of lading (including a received for shipment bill of lading) that is capable of transfer— (a) by endorsement; or (b) as a bearer bill, by delivery without endorsement; ***contract of carriage***, in relation to a sea-carriage document, means— (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 (b) in the case of a ship's delivery order—the contract of carriage in association with which the order is given; ***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; ***goods***, in relation to a sea-carriage document, means the goods to which the document relates; ***identification***, in relation to the identification of a person in a sea-carriage document, includes the identification of the person by a description that allows for the person's identity to be varied, in accordance with the document, after its issue; ***lawful holder***, of a bill of lading, means a person who— (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 (b) has come into possession of the bill, in good faith, as a result of the completion, by delivery of the bill— (i) of any endorsement of the bill; or (ii) in the case of a bearer bill, of any other transfer of the bill; or (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; ***sea waybill*** means a document other than a bill of lading which— (a) is issued by the carrier of the goods; and (b) is a receipt for the goods; and (c) contains or evidences a contract for the carriage of the goods by sea; and (d) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with the contract; ***sea-carriage document*** means a bill of lading, a sea waybill or a ship's delivery order; ***ship's delivery order*** means a document other than a bill of lading or sea waybill which— (a) is given in association with the contract for the carriage of goods by sea including those to which the document relates; and (b) contains an undertaking by the carrier to deliver the goods to which the document relates to a person identified in the document. New s. 90 inserted by No. 63/2010 s. 17.