Sea-carriage of Goods Act 1939 (NI)

NORFOLK ISLAND

SEA-CARRIAGE OF GOODS ACT 1939

[Consolidated as at 20 June 2005 on the authority of the Administrator and in accordance with the Enactments Reprinting Act 1980] ________

TABLE OF PROVISIONS 1. Short title 2. Application of Rules in Schedule 3. Absolute warranty of seaworthiness not implied 4. Provisions as to bills of lading 5. Received-for-shipment bills of lading 6. Bulk cargoes 7. Construction and jurisdiction 8. Saving Schedule

NORFOLK ISLAND

Sea-carriage Of Goods Act 1939 ____________________________________________________________

An Act relating to the sea-carriage of goods

Short title 1. This Act may be cited as the Sea-carriage of Goods Act 1939.*[1] Application of Rules in Schedule 2. Subject to the provisions of this Act, the Rules contained in the Schedule to this Act (in this Act referred to as "the Rules") shall have effect in relation to and in connection with the carriage of goods by sea in ships carrying goods from any place in Norfolk Island to any other place whether in or outside Norfolk Island. Absolute warranty of seaworthiness not implied 3. There shall not be implied in any contract for the carriage of goods by sea to which this Act applies any absolute undertaking by the carrier of the goods to provide a seaworthy ship. Provisions as to bills of lading 4. Every bill of lading or similar document of title issued in Norfolk Island which contains or is evidence of any contract to which the Rules apply shall contain an express statement that is to have effect subject to the provisions of the Rules as applied by this Act. Received-for-shipment bills of lading 5. A bill of lading issued in accordance with paragraph 3 of Article 3 of the Rules shall for all purposes be deemed to be a valid bill of lading with the like effect, and capable of negotiation in all respects and with the like consequences, as if it were a shipped bill of lading. Bulk cargoes 6. 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 anything 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. Construction and jurisdiction 7. (1) All parties to any bill of lading or document relating to the carriage of goods from any place in Norfolk Island to any place outside Norfolk Island shall be deemed to have intended to contract according to the laws in force at the place of shipment, and any stipulation or agreement to the contrary, or purporting to oust or lessen the jurisdiction of the courts of Norfolk Island in respect of the bill of lading or document, shall be illegal, null, and void, and of no effect. (2) Any stipulation or agreement, whether made in Norfolk Island or elsewhere, purporting to oust or lessen the jurisdiction of the courts of Norfolk Island in respect of any bill of lading or document relating to the carriage of goods from any place outside Norfolk Island to any place in Norfolk Island shall be illegal, null, and void, and of no effect. Saving 8. (1) Nothing in this Act shall affect the operation of any law for the time being in force in Norfolk Island 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. ________