Sea-Carriage Documents Act 1996 (Qld)

Sea-Carriage Documents Act 1996

An Act to reform the law relating to bills of lading, sea waybills and ships' delivery orders, and for other purposes

Part 1 Preliminary

1 Short title This Act may be cited as the Sea-Carriage Documents Act 1996.

2 Application This Act applies only in relation to sea-carriage documents coming into existence on or after the commencement of this section.

3 Definitions In this Act— bill of lading means a bill of lading (including a received for shipment bill of lading) capable of transfer— (a) by endorsement; or (b) as a bearer bill, by delivery without endorsement. contract of carriage, in relation to a sea-carriage document, means— (a) for a bill of lading or a sea waybill—the contract of carriage contained in, or evidenced by, the document; or (b) for a ship's delivery order—the contract of carriage in association with which the order is given. data message means information generated, stored or communicated by electronic, optical or analogous means, including electronic data interchange, electronic mail, telegram, telex and telecopy. goods, in relation to a sea-carriage document, means the goods to which the document relates. identification, of a person in a sea-carriage document, includes identification of the person by a description that allows the person's identity to be varied, in accordance with the document, after its issue. lawful holder, of a bill of lading, means a person who— (a) has come into possession of the bill, in good faith, as the consignee of the goods, because the person is identified in the bill; or (b) has come into possession of the bill, in good faith, as a result of the completion, by delivery of the bill— (i) of any endorsement of the bill; or (ii) for a bearer bill—of any other transfer of the bill; or (c) would be the lawful holder of the bill under paragraph (a) or (b) had not the person come into possession of the bill as the result of a transaction effected at a time when possession of the bill no longer gave a right as against the carrier to possession of the goods. sea-carriage document means a bill of lading, a sea waybill or a ship's delivery order. sea waybill means a document, other than a bill of lading, that— (a) is issued by the carrier of the goods; and (b) is a receipt for the goods; and (c) contains or evidences a contract for the carriage of the goods by sea; and (d) identifies the person to whom delivery of the goods is to be made by the carrier in accordance with the contract. ship's delivery order means a document, other than a bill of lading or a sea waybill, that— (a) is given in association with a contract for the carriage of goods by sea, including goods to which the document relates; and (b) contains an undertaking by the carrier to deliver the goods to which the document relates to a person identified in the document.