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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Carriage of
Goods by Sea Amendment Bill 1997
No. ,
1997
(Transport and Regional
Development)
A Bill for an Act to amend the
Carriage of Goods by Sea Act 1991
9707920—907/16.6.1997—(79/97) Cat. No. 96 9127 8 ISBN 0644
504226
Contents
A Bill for an Act to amend the Carriage of Goods by
Sea Act 1991
The Parliament of Australia enacts:
This Act may be cited as the Carriage of Goods by Sea Amendment Act
1997.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsections 2(2), (3), (4), (5) and
(6)
Repeal the subsections, substitute:
(2) Subject to subsection (3), Part 3 and Schedule 2 commence as provided
in section 2A.
(3) If, within 10 years of the commencement of this section, the Minister
has not tabled a statement in accordance with subsection 2A(4) setting out a
decision that the amended Hague Rules should be replaced by the Hamburg Rules,
Part 3 and Schedule 2, and section 2A, are repealed on the first day after the
end of that 10 years.
2 After section 2
Insert:
(1) The Minister must, from time to time while Part 3 and Schedule 2 have
not commenced, review the question of whether the amended Hague Rules should be
replaced by the Hamburg Rules.
(2) The first review must be completed within 5 years of the commencement
of this section. Subsequent reviews must be completed within 5 years of the
previous review. For this purpose, a review is completed when the
tabling requirement in subsection (4) has been complied with.
(3) In conducting a review, the Minister must:
(a) consider the extent to which the Hamburg Rules have been adopted
internationally, in particular by Australia’s major trading partners;
and
(b) consult with representatives of shippers, ship owners, carriers, cargo
owners, marine insurers and maritime law associations on the question whether
the amended Hague Rules should be replaced by the Hamburg Rules.
The Minister must then go on to decide in writing if the amended Hague
Rules should be so replaced.
(4) A statement setting out the Minister’s decision on a review, and
explaining the reasons for that decision, is to be tabled in each House of the
Parliament within 15 sitting days of that House after the making of the
decision.
(5) If the Minister tables a statement in each House of the Parliament in
accordance with subsection (4) setting out a decision that the amended Hague
Rules should be replaced by the Hamburg Rules, the Governor-General may, by
Proclamation, fix a day (subject to subsection (6)) for the commencement of Part
3 and Schedule 2. That Part and Schedule then commence on that day.
(6) The day fixed under subsection (5) must be at least 6 months after the
tabling requirement in subsection (4) has been complied with.
(7) If:
(a) The Minister’s decision on a review is that the amended Hague
Rules should be replaced by the Hamburg Rules; and
(b) Part 3 and Schedule 2 do not commence under subsection (5) within 12
months of the tabling requirement in subsection (4) being complied
with;
Part 3 and Schedule 2 commence on the first day after the end of that
period.
3 Paragraph 3(2)(a)
After “SDR Protocol”, insert “, and as modified in
accordance with regulations under section 7”.
4 Paragraph 3(2)(b)
Repeal the paragraph, substitute:
(b) as a second step—replacing those provisions with provisions that
give effect to the Hamburg Convention, if the Minister decides, after conducting
a review, that those provisions should be so replaced.
5 Subsection 4(1)
Insert:
marine insurers means insurers who provide marine insurance,
whether or not they also provide other kinds of insurance, and includes
Australian representatives of member Associations of the International Group of
Protection and Indemnity Associations.
6 Subsection 4(1)
Insert:
maritime law associations means law associations with an
interest in maritime law, whether or not they are also interested in other areas
of law.
7 Section 7
Repeal the section, substitute:
(1) The amended Hague Rules consists of the text set out in
Schedule 1, as modified in accordance with the Schedule of modifications
referred to in subsection (2). The text set out in Schedule 1 (in its unmodified
form) is the English translation of Articles 1 to 10 of the Brussels Convention,
as amended by Articles 1 to 5 of the Visby Protocol and Article II of the SDR
Protocol.
(2) The regulations may amend this Act to add a Schedule (the
Schedule of modifications) that modifies the text
set out in Schedule 1 for the following purposes:
(a) to provide for the coverage of a wider range of sea carriage documents
(including documents in electronic form);
(b) to provide for the coverage of contracts for the carriage of goods by
sea from places in countries outside Australia to places in Australia in
situations where the contracts do not incorporate, or do not otherwise have
effect subject to, a relevant international convention (see subsection
(6));
(c) to provide for increased coverage of deck cargo;
(d) to extend the period during which carriers may incur
liability;
(e) to provide for carriers to be liable for loss due to delay in
circumstances identified as being inexcusable.
The modifications do not actually amend the text set out in Schedule 1,
however the text has effect for the purposes of this Act as if it were modified
in accordance with the Schedule of modifications.
(3) The regulations may:
(a) amend the Schedule of modifications, but only in connection with the
purposes set out in subsection (2); and
(b) amend the provisions of this Part to the extent necessary or
appropriate, having regard to the modifications set out in the Schedule of
modifications as in force from time to time.
Note: For example, regulations extending the range of sea
carriage documents to be covered by the text in Schedule 1 may create a need for
associated amendments of sections 10 and 11.
(4) Before regulations are made for the purposes of this section, the
Minister must consult with representatives of shippers, ship owners, carriers,
cargo owners, marine insurers and maritime law associations about the
regulations that are proposed to be made.
(5) For the purposes of the Amendments Incorporation Act 1905,
amendments made by regulations for the purposes of this section are to be
treated as if they had been made by an Act.
Note: This subsection ensures that the amendments can be
incorporated in a reprint of the Act.
(6) In this section:
relevant international convention means:
(a) the Brussels Convention; or
(b) the Brussels Convention as amended by either or both of the Visby
Protocol and the SDR Protocol; or
(c) the Hamburg Convention.
8 At the end of section 11
Add:
(3) An agreement, or a provision of an agreement, that provides for the
resolution of a dispute by arbitration is not made ineffective by subsection (2)
(despite the fact that it may preclude or limit the jurisdiction of a court) if,
under the agreement or provision, the arbitration must be conducted in
Australia.
9 After section 21
Insert:
The Governor-General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
10 Schedule 1 (heading)
Repeal the heading, substitute:
Note: See section 7. This text may be modified in accordance
with subsection 7(2).