6Electronic and computerised sea-carriage documents

6 Electronic and computerised sea-carriage documents

6 Electronic and computerised sea-carriage documents

(1) Subject to this section, this Act applies:

(a) in relation to a sea-carriage document in the form of a data message—in the same way as it applies in relation to a written sea-carriage document, and

(b) in relation to the communication of a sea-carriage document by means of a data message—in the same way as it applies in relation to the communication of a sea-carriage document by other means.

(2) This Act applies under subsection (1) with necessary changes and in accordance with procedures agreed between the parties to the contract of carriage.

(3) Without limiting the generality of subsection (2), in this Act, in the application of the following terms to a sea-carriage document in the form of a data message, or to the communication of a sea-carriage document by means of a data message:

delivery includes any form of communication which constitutes delivery under the terms of the contract of carriage.

endorsement includes any form of authorisation which constitutes endorsement under the terms of the contract of carriage.

possession, in relation to the document, includes being in receipt of the document in any manner which constitutes possession under the terms of the contract of carriage.

signed includes authentication in any manner which constitutes signing under the terms of the contract of carriage.