Sea-carriage of Goods (State) Act 1921 (NSW)

Sea-carriage of Goods (State) Act 1921 No 5

An Act concerning bills of lading and other documents relating to the sea-carriage of goods from any place in the State of New South Wales to any other place in the said State.

1 Name of Act This Act may be cited as the Sea-carriage of Goods (State) Act 1921.

2 Commencement of Act This Act shall commence on the first day of January, one thousand nine hundred and twenty-two.

3 Definition In this Act, goods includes every description of wares, merchandise, and things, except live animals.

4 Application of Act This Act shall apply only in relation to ships carrying goods from any one place in the State of New South Wales to any other place in the said State, and in relation to goods so carried, or received to be so carried, in those ships.

5 Certain clauses prohibited in bills of lading Where any bill of lading or document contains any clause, covenant, or agreement, whereby: (a) the owner, charterer, master, or agent of any ship, or the ship itself, is relieved from liability for loss or damage to goods arising from the harmful or improper condition of the ship's hold, or any other part of the ship in which goods are carried, or arising from negligence, fault, or failure in the proper loading, stowage, custody, care, or delivery of goods received by them, or any of them, to be carried in or by the ship, or (b) any obligations of the owner or charterer of any ship to exercise due diligence, and to properly man, equip, and supply the ship, to make and keep the ship seaworthy, and to make and keep the ship's hold, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage, and preservation, are in any wise lessened, weakened, or avoided, or (c) the obligations of the master, officers, agents, or servants of any ship to carefully handle and stow goods, and to care for, preserve, and properly deliver them, are in any wise lessened, weakened, or avoided, that clause, covenant, or agreement shall be illegal, null and void, and of no effect.