Sea Carriage of Goods (State) Act of 1930 (21 Geo v No. 18) (Qld)

SHIPPING. 21 GEO. V. No. 18, 1930. Sea Carriage of Goods(State)Act. 13107 SHIPPING. Sea Carriage of Goods (State)Act of 1930 Navigation Acts Amendment Act of 1930 .. 21 Geo. V. No. 18. . . 21 Geo. V. No. 21. An Act relating to the Sea Carriage of Goods from 21: a~ oit any Port in the State of Queensland to any THE SEA o th er P or t I · n t h e sal 'd S tate. CARRIAGE OF GOODS . (STATE) Ac~ OF 1930. [ASSENTED TO 23RD OCTOBER, 1930.] B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1.) This Act may be cited as "The Sea Carriage Short title O • J .f! G 00 d 8 (S tate) A C t O . J .f! 1930 • " . a m ll e d ncceomrne·nt. (2.) This Act shall commence on a date to be appointed by the Governor in Council and notified by Proclamation published in the Gazette, which date is herein referred to as the commencement of this Act. 2. In this Act "bill of lading" includes a shipping I~terpreta. receipt or other similar document evidencing a contract tlOn. of carriage by sea. 3. Subject to the provisions of this Act, the rules Applica~ioD contained in the Schedule to this Act (in this Act s~ } ~ ; : i. ~ ~ referred to as "the rules") shall have effect in relation to and in connection with the carriage of goods by sea jn ships carrying goods from any port in the State of Queensland to any other port in the said State. 4. There shall not be implied in any contract for Absolute the carriage of goods by sea to which this Act applies: e~ ~ ~~ fi. of any absolute undertaking by the carrier of the goods to .ness .not provide a seaworthy ship. tmplled. 5. Every bill of lading issued in Queensland which Provi8i~ ms contains or is evidence of any cont,ract to which the f: ~ ~ g~ tlI8 of rules apply shall contain an express statement that it is to have effect subject to the provisions of the rules as applied by this Act. 6 A bill of lading issued in accordance with Received·for· paragr'aph three of Article Ill. of the rules shall for all ~~ fl~ ~ :nt purposes be deemed to be a valid bill of lading with the lading.

13108 SHIPPING. Sea Carriagc of Ooods (State) Act. 21 GEO. V. No. 18, Bulk -cargoes. Saving. like effect and capable of negotiation in all respects and with the like consequences as if it were a shipped bill of lading. 7. Where under the custom of any trade the weight of any bulk cargo inserted in the bill of lading is a weight ascertained or accepted by a third party other than the carrier or the shipper, and the fact that the weight is so ascertained or accepted is stated in the bill of lading, then, notwithstanding anythilLg in the rules, the bill of lading shall not be deemed to be prima facie evidence against the carrier of the receipt of goods of the, weight so inserted in the bill of lading, and the accuracy thereof at the time of shipment shall not be deemed to have been guaranteed by the shipper. 8. (1.) Nothing in this Act shall affect the operation of any other enactment for the time being in force limiting the liability of the owners of sea-going vessels. (2.) The rules shall not by virtue of this Act apply to any contract for the carriage of goods by sea made before the commencement of this Act. THE SCHEDUhlij. RULES RELATING TO BILLS OF LADING. AR'l'ICLE I. De finitions. In these rules the following expressions have the meanings hereby assigned to them respectively, that is to say- Ca) "Carrier" includes the owner or the charterer who enters into a contract· of carriage with a shipper; (b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter-party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a h0ider of the same; (c) "Goods" includes goods, wares, merchandises, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried; (d) "Ship" means any vessel used for the carnage or goods by sea; .

SHIPPING. ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1930. SeaCarriageof Goods(State)Act. )'6) ., Oarriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship. ArcrrcLE n. Risks. Subject to the provisions of Article VI., under every contract of carriage of goods by sea, the carrier, in relation to the loading, handling, stowage, carriage, eustody, care, and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth. ARTICIJE Ill. Responsibilities and Liftbilities. 1. The carrier shall be bound before and at the beginning of the voyage to exercise due diligenee to- (a) Make the ship seaworthy; Cb) Properly man" equip, and supply the ship; and (c) Make the holds, refrigerating and cool chambers, alld all other parts of the ship in which goods are carried, fit and safe for their reception, carriage', and preserva- tion. 2. Subject to the provisions oE Article IV., the earrier shall properly and carefully load, handle, stow, earry, keep, care for, and discharge the goods carried. 3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things- (a) The leading marks necessary for identification of the goods as th,e same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manne'r as should ordinarily remain legible lIntil the end of the voyage; (b) Either the number of packages or pieces, or the quantity or weight, as the case may be, as furnished in writing hy the shipper; (c) The apparent order and condition of the goods: Provided that no carrier, master, or agent of the carrier shall be bound to state or show ip the bill of lading any marks, number. quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking. 4. Such a bill of lading shall he pr'ima facie evidence of the receipt by the carrier of the goods as thereiu described in accordance with paragraph three (a), (b), and (c). T 13109

13110 SHIPPING. Sea Can'iage of Goods (State) Act. 21 GEO. V. No. 18, 5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shiprmnt of the marks, number, quantity, and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. 6. Unless notice of loss or damage and the general nature of such losa or damage be given in ,uiting to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage' be not apparent, within three days, such removal shall be prima fac'ie evidence of the delivery by the earrier of the goods as described in the bill of hding. The notice' in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint surveyor inspection. In any event the carrier aud the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to oaen other for inspecting and tallying the goods. 7. AfteI' the goods are loaded the bill or lading to be issued by the carrier, master or agent of the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the .shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the opticn of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped und the date or dates of shipment, and when so noted the same shall for the purpose of this Article be de'2med to constitute a "shipped" bill of lading. 8. Any clause, covenant, or agreement in a contract of carl'i&ge relieving the carrier or the ship from liability for loss or damage to or in connection with goods, arising from negligence, fault, or failure in the duties and obligations provided in this Article, or lessening such liability otherwise than as provided in these "rules, shall be null and void and of no effect. A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from liability,

1930. SHIPPING. SeaCarriageofGoods(State)Act. AR'I.'ICLE IV. Rights and Immunities. 1. Neither the carrie.r Dor the ship shall be liable for loss or damage arising or re.sulting from unseaworthiness unless caused by want of due diligenCle on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped, and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage, :md preservation in accordance with the provisions of paragraph one of Article Ill. \Vhenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this section. 2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from- (a) Aet, neglect, or default of the master, mariner, pilot, or tbe servants of the carrier in the navigation or in the managel1l£nt of the ship; (b) Pire, unless caused by the actual fault or privity of the carrier; (c) Perils, dangers, and accidents of the sea or other navigable waters; (d) Act of God; (e) Aet of war; en Act of public enemies; e g) Arrest or restraint of princes, rulers, or people, or seizure under legal process; (h) Quarantine restrictions; (,i) Act or omission of the shipper or owner of the goods, his agent or representative; (j) Strikes or lock-outs or stoppage or restraint of labour from whatever 'Canse, whether partial or general; (k) Hiots and civil commotions; (l) Saving or attempting to save life or property at sea; (m) ·Wastage in bulk or weight or any other loss or damage a!"ising fr01n inherent defect, quality or vice of the g'clOds; (n) Insufficiency of packing; (0) Insufficiency or inadequacy of marks; (p) Latent defects not discoverable by due diligence; (q) Any other cause arising without the actual fault or privity of the carrier, or without the fault or neglect of the agents or servants of the earrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the 3Jctual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage. 13111

13112 SHIPPING. SeaCarriageofGoods(State)Act. 21 Gmo. V. No. 18, - - - - - -- - - - ~ - - -- - - - ~ - - - - - - - ~ - ~- - --- ~ - ~ ~ - ~ - - - - 3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault, or neglect of the shipper, his agents, or his servants. 4. Any deviation in saving 01' attempting to save life or property at sea, or any reasonable deviation shall not be deemed to be an infringement or breach of these rules or of the contract of carriage, and the carrier shall not be liable for any loss or damagt1 resulting therefrom. 5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in conneetion with goods in an amount exceeding one hundred pounds per package or unit, or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading. '1'his declaration if embodied in the bill of lading shall be p1'ima faci~ evidence, but shall not be binding or conclusive on the carner. By agreement between the carrier, master, or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be less than the figure above named. Neither the carrier nor the ship shall be responsible in any event for loss or damage to or in connection with goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading. 6. Goods of an inflammable, explosive, or dangerous nature to the shipment whereof the carrier, master, or agent of the carrier, has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensa- tion, and th,~ shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except. to general average, if any. ARTICLE V. Surrender of Rights and lmmunities, and Increase of Besponsi- bilities and Liabilities. A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under the rules contained in any of these Articles, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper. r1'he provisions of these rules shall not be applicable to eharter- parties, but if bills of lading are issued in the case of a ship under a charter-party they shall comply with the terms of these rules. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.

1930. SHIPPING. SeaCarriageofGoods(State)Act. ARTICLE VI. Special Conditions. Notwithstanding the provisions of the preceding Articles, a carrier, master, or agent of the carrier, and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to publi(l policy, or the care or diligence of his servarits or agents in regard to the loading, handling, stowage, carriage, custody, care, and dis'charge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such. Any agreement so entered into shall have full legal effect: Provided that this Article shall not apply to ordinary com- mercial shipments made in the ordinary course of trade, but only to other shipments where, the character or condition of the property to be carried or the circumstances, terms, and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement. ARTICLE VII. Limitations on the Al)plication of the Rules. Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reserva- tion, or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by sea. ARTICLE VIII. Limitation of Liability. The prOVISIOns of these rules shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea- going vessels. ARTICT"E IX. The monetary units mentioned in these rules are to be taken to be gold value. 13113