1Sea-carriage Documents Act 1998

NORTHERN TERRITORY OF AUSTRALIA SEA-CARRIAGE DOCUMENTS ACT 1998 As in force at 1 June 1998 Table of provisions Part 1 Preliminary 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Application ....................................................................................... 1 4 Repeal ............................................................................................. 1 5 Definitions ........................................................................................ 1 6 Electronic and computerised sea-carriage documents .................... 3 7 Application where goods have ceased to exist, or cannot be identified .......................................................................................... 4 Part 2 Rights under contracts of carriage 8 Transfer of rights ............................................................................. 4 9 Extinguishment of previous rights .................................................... 5 Part 3 Liabilities under contracts of carriage 10 Transfer of liabilities ......................................................................... 6 11 Liability of original parties ................................................................ 7 Part 4 Evidence 12 Shipment under bills of lading.......................................................... 7 ENDNOTES

NORTHERN TERRITORY OF AUSTRALIA

---

As in force at 1 June 1998

---

SEA-CARRIAGE DOCUMENTS ACT 1998 An Act to reform the law relating to bills of lading, sea waybills and ships' delivery orders Part 1 Preliminary 1 Short title This Act may be cited as the Sea-Carriage Documents Act 1998. 2 Commencement This Act comes into operation on the date fixed by the Administrator by notice in the Gazette. 3 Application This Act applies only in relation to sea-carriage documents coming into existence on or after the date of commencement of this section. 4 Repeal The Bills of Lading Act, 1859 (No. 25 of 1859) of South Australia, in its application to the Territory as a law of the Territory, is repealed. 5 Definitions In this Act, unless the contrary intention appears: bill of lading means a bill of lading (including a received for shipment bill of lading)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

Part 1 Preliminary (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, in relation to 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; (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-carriage document means a bill of lading, a sea waybill or a ship's delivery order. sea waybill means a document, other than a bill of lading, that: (a) is issued by the carrier of the goods; (b) is a receipt for the goods; (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 Documents Act 1998 2