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repealed by No. 8276 s. 70(1),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.