Commonwealth Consolidated Acts

CARRIAGE OF GOODS BY SEA ACT 1991 - SECT 10

  (1)   The amended Hague Rules only apply to a contract of carriage of goods by sea that:

  (a)   is made on or after the commencement of Schedule   1A and before the commencement of Part   3; and

  (b)   is a contract:

  (i)   to which, under Article 10 of the amended Hague Rules, those Rules apply; or

  (ii)   subject to subsections   (1A) and (2)--for the carriage of goods by sea from a port in Australia to another port in Australia; or

  (iii)   contained in or evidenced by a non - negotiable document (other than a bill of lading or similar document of title), being a contract that contains express provision to the effect that the amended Hague Rules are to govern the contract as if the document were a bill of lading.

Note:   The amended Hague Rules are set out in Schedule   1A--see ss 4(1) and 7(1).

  (1A )   If a contract for the carriage of goods by sea referred to in subparagraph   10(1)(b)(ii) is contained only in, or evidenced only by, a consignment note, the amended Hague Rules apply to the contract only if paragraph   5 of Article 10 of those Rules so requires.

  (2)   The amended Hague Rules do not apply in relation to the carriage of goods by sea from a port in any State or Territory in Australia to any other port in that State or Territory.