Commonwealth Consolidated Acts

CARRIAGE OF GOODS BY SEA ACT 1991 - SECT 7

  (1)   The amended Hague Rules consists of the text set out in Schedule   1, as modified in accordance with the Schedule of modifications referred to in subsection   (2). The text set out in Schedule   1 (in its unmodified form) is the English translation of Articles 1 to 10 of the Brussels Convention, as amended by Articles 1 to 5 of the Visby Protocol and Article II of the SDR Protocol.

  (2)   The regulations may amend this Act to add a Schedule (the Schedule of modifications ) that modifies the text set out in Schedule   1 for the following purposes:

  (a)   to provide for the coverage of a wider range of sea carriage documents (including documents in electronic form);

  (b)   to provide for the coverage of contracts for the carriage of goods by sea from places in countries outside Australia to places in Australia in situations where the contracts do not incorporate, or do not otherwise have effect subject to, a relevant international convention (see subsection   (6));

  (c)   to provide for increased coverage of deck cargo;

  (d)   to extend the period during which carriers may incur liability;

  (e)   to provide for carriers to be liable for loss due to delay in circumstances identified as being inexcusable.

The modifications do not actually amend the text set out in Schedule   1, however the text has effect for the purposes of this Act as if it were modified in accordance with the Schedule of modifications.

  (3)   The regulations may:

  (a)   amend the Schedule of modifications, but only in connection with the purposes set out in subsection   (2); and

  (b)   amend the provisions of this Part to the extent necessary or appropriate, having regard to the modifications set out in the Schedule of modifications as in force from time to time.

Note:   For example, regulations extending the range of sea carriage documents to be covered by the text in Schedule   1   may create a need for associated amendments of sections   10 and 11.

  (4)   Before regulations are made for the purposes of this section, the Minister must consult with representatives of shippers, ship owners, carriers, cargo owners, marine insurers and maritime law associations about the regulations that are proposed to be made.

  (6)   In this section:

"relevant international convention" means:

  (a)   the Brussels Convention; or

  (b)   the Brussels Convention as amended by either or both of the Visby Protocol and the SDR Protocol; or

  (c)   the Hamburg Convention.