No. 160, 1991
Compilation No. 11
Compilation date: 23 August 2017
Includes amendments up to: Act No. 93, 2017
Registered: 6 September 2017
This compilation includes a retrospective amendment made by Act No. 93, 2017
About this compilation
This compilation
This is a compilation of the Carriage of Goods by Sea Act 1991 that shows the text of the law as amended and in force on 23 August 2017 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Object of Act
4 Interpretation
5 Act to bind Crown
6 Extension to external Territories
Part 2--Application of the amended Hague Rules etc.
7 The amended Hague Rules
8 The amended Hague Rules to have the force of law
9 Interpretation
9A Determination of limits of a port or wharf
10 Application of the amended Hague Rules
11 Construction and jurisdiction
Part 4--Miscellaneous
17 Absolute undertaking to provide a seaworthy ship not implied
18 Act prevails over certain provisions of the Competition and Consumer Act 2010
19 Act not to affect operation of certain provisions
20 Repeal of the Sea-Carriage of Goods Act 1924 etc.
21 Repeal of section 2C of the International Arbitration Act 1974 and substitution of new section
22 Regulations
Schedule 1--The amended Hague Rules (unmodified text)
Schedule 1A--Schedule of modifications
1. Modifications
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Carriage of Goods by Sea Act 1991 | 160, 1991 | 31 Oct 1991 | s 2A, 12-16 and Sch 2: repealed before commencing (s 2(2), (3)) |
|
Carriage of Goods by Sea Amendment Act 1997 | 123, 1997 | 15 Sept 1997 | 15 Sept 1997 (s 2) | -- |
109, 2006 | 27 Sept 2006 | Sch 2 (item 16): 27 Sept 2006 (s 2(1) item 3) | -- | |
135, 2008 | 4 Dec 2008 | Sch 3 (item 7): 4 Dec 2009 (s 2(1) item 3) | -- | |
Trade Practices Amendment (Australian Consumer Law) Act (No. 2) 2010 | 103, 2010 | 13 July 2010 | Sch 6 (item 160): 1 Jan 2011 (s 2(1) item 7) | -- |
129, 2012 | 13 Sept 2012 | Sch 2 (item 12): 1 July 2013 (s 2(1) item 2) | -- | |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items 103-105): 5 Mar 2016 (s 2(1) item 2) | -- |
93, 2017 | 23 Aug 2017 | Sch 1 (item 27): 1 July 2015 (s 2(1) item 3) | -- |
Number and year | FRLI registration or gazettal | Commencement | Application, saving and transitional provisions |
174, 1998 | 30 June 1998 | 1 July 1998 (r 2.1) | -- |
324, 1998 | 10 Dec 1998 | 10 Dec 1998 (r 2) | -- |
Provision affected | How affected |
Part 1 |
|
s 2..................... | am No 123, 1997 |
s 2A.................... | ad No 123, 1997 |
| rep No 160, 1991 |
s 3..................... | am No 123, 1997 |
s 4..................... | am No 123, 1997 |
Part 2 |
|
s 7..................... | rs No 123 1997 |
| am No 135, 2008 |
s 9A.................... | ad Statutory Rules 1998 No 174 |
| am No 109, 2006; No 126, 2015 |
s 10.................... | am Statutory Rules 1998 No 174 |
s 11.................... | am No 123, 1997; Statutory Rules 1998 No 174; Statutory Rules 1998 No 324 |
Part 3................... | rep No 160, 1991 |
s 12.................... | rep No 160, 1991 |
s 13.................... | rep No 160, 1991 |
s 14.................... | rep No 160, 1991 |
s 15.................... | rep No 160, 1991 |
s 16.................... | rep No 160, 1991 |
Part 4 |
|
s 18.................... | am No 103, 2010 |
s 19.................... | am No 129, 2012 |
s 22.................... | ad No 123, 1997 |
Schedule 1 |
|
Schedule 1 heading.......... | rs No 123, 1997 |
Schedule 1A |
|
Schedule 1A.............. | ad Statutory Rules 1998 No 174 |
| am Statutory Rules 1998 No 324; No 93, 2017 |
Schedule 2................ | rep No 160, 1991 |