96Shipment under bills of lading

96 Shipment under bills of lading (1) This section applies in relation to a bill of lading which— (a) represents goods to have been shipped, or received for shipment, on board a vessel; and (b) is signed— (i) by the master of the vessel; or (ii) by another person with the express, implied or apparent authority of the carrier to sign bills of lading. (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. (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 for shipment. Pt 5 (Heading and ss 87–98) repealed by No. 8276 s. 70(1), new Pt 5 (Heading and ss 120, 121) inserted by No. 74/1997 Part V—Rights of hirers under hire-purchase agreements S. 120 inserted by No. 74/1997 120 Definitions (1) In this Part— S. 120(1) def. of *hire purchase agreement* amended by No. 11/2010 s. 50. ***hire purchase agreement*** includes— (a) an agreement for the hire or letting of goods with an option to purchase; and (b) an agreement for the purchase of goods by instalments (whether the agreement describes the instalments as rent, hire or otherwise)— but does not include an agreement— (c) to which the **Hire-Purchase Act 1959** applies; or (d) under which the property in the goods comprised in the agreement passes at the time of the agreement or any time before the delivery of goods; or (e) that is a regulated contract within the meaning of the **Credit Act 1984**; or (f) that is a credit contract within the meaning of the National Credit Code within the meaning of the National Consumer Credit Protection Act 2009 of the Commonwealth; ***owner*** means a person who lets, hires or agrees to sell goods under a hire-purchase agreement and includes a person to whom the owner's property in the goods or any of the owner's rights or liabilities under the agreement have passed by assignment or by operation of law; ***hirer*** means a person to whom goods are let, hired or agreed to be sold under a hire-purchase agreement and includes a person to whom the hirer's rights or liabilities under the agreement have passed by assignment or by operation of law. (2) A reference in this Part to taking possession by an owner of goods comprised in a hire-purchase agreement does not include a reference to taking possession by the owner as a result of the voluntary return of the goods by the hirer. S. 121 inserted by No. 74/1997 121 Hirer's right to surplus if goods repossessed by owner (1) If an owner takes possession of goods comprised in a hire-purchase agreement and the agreement is neither reinstated nor finalised by the hirer, the hirer may recover from the owner— (a) if the owner sells or disposes of the goods, an amount equal to the proceeds of the sale of the goods; or (b) if the owner does not sell or dispose of the goods or fails to sell or dispose of the goods as soon as reasonably practicable after taking possession of the goods (or such other time as the owner and the hirer agree), an amount equal to the value of the goods at the time that the owner took possession of the goods— less any amounts which the owner is entitled to deduct from those proceeds under this section. (2) An owner who sells or disposes of goods under subsection (1) is entitled to deduct from the proceeds of sale or the value of the goods, as the case requires, only the following amounts— (a) the total amount owed by the hirer under the hire-purchase agreement at the time the owner took possession of the goods, not being an amount greater than the amount required to discharge the agreement; and (b) the reasonable expenses of the owner incurred in taking possession of the goods; and (c) any amount reasonably incurred by the owner on the storage, repair or maintenance of the goods; and (d) the reasonable expenses incurred in selling or disposing of the goods, whether or not the goods have subsequently been sold or disposed of by the owner. (3) In this section ***value of the goods*** means the best price reasonably obtainable by the owner at the time the owner took possession of the goods. (4) The onus is on the owner to prove that the price obtained for the goods was the best price reasonably obtainable at the time that the owner took possession of the goods. Pt 6 (Heading and s. 122) inserted by No. 30/2003 s. 76. Part VI—Transitional and saving S. 122 inserted by No. 30/2003 s. 76.