Commonwealth Consolidated Acts

CARRIAGE OF GOODS BY SEA ACT 1991 - SECT 10

             (1)  The amended Hague Rules only apply to a contract of carriage of goods by sea that:

                     (a)  is made on or after the commencement of Schedule 1A and before the commencement of Part 3; and

                     (b)  is a contract:

                              (i)  to which, under Article 10 of the amended Hague Rules, those Rules apply; or

                             (ii)  subject to subsections (1A) and (2)--for the carriage of goods by sea from a port in Australia to another port in Australia; or

                            (iii)  contained in or evidenced by a non-negotiable document (other than a bill of lading or similar document of title), being a contract that contains express provision to the effect that the amended Hague Rules are to govern the contract as if the document were a bill of lading.

Note:          The amended Hague Rules are set out in Schedule 1A--see ss 4(1) and 7(1).

          (1A )   If a contract for the carriage of goods by sea referred to in subparagraph 10(1)(b)(ii) is contained only in, or evidenced only by, a consignment note, the amended Hague Rules apply to the contract only if paragraph 5 of Article 10 of those Rules so requires.

             (2)  The amended Hague Rules do not apply in relation to the carriage of goods by sea from a port in any State or Territory in Australia to any other port in that State or Territory.