Sea-Carriage of Goods Act 1909 (WA)

Western Australia Sea-Carriage of Goods Act 1909 Western Australia Sea-Carriage of Goods Act 1909 Contents 1. Short title 1 2. Commencement of Act 1 3. Term used: goods 1 4. Application of Act 1 5. Certain clauses prohibited in bills of lading 2 6. Penalties 2 7. Implied clauses in bills of lading 3 Notes Compilation table 4 Defined terms Western Australia Sea‑Carriage of Goods Act 1909 An Act relating to the sea‑carriage of goods.

1. Short title This Act may be cited as the Sea‑Carriage of Goods Act 1909 1.

2. Commencement of Act This Act shall commence on 1 January 1910.

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

4. Application of Act (1) This Act shall apply only in relation to ships carrying goods from any place in Western Australia to some other place in Western Australia, and in relation to goods so carried, or received to be so carried, in those ships. (2) This Act shall not apply to any bill of lading or document made before 31 March 1910, in pursuance of a contract or agreement entered into before 1 September 1909.

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.