South Australian Current Acts

SEA-CARRIAGE DOCUMENTS ACT 1998 - SECT 4

4—Interpretation

In this Act, unless the contrary intention appears—

"bill of lading" means a bill of lading (including a received for shipment bill of lading) which is 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)         in the case of a bill of lading or a sea waybill—the contract of carriage contained in, or evidenced by, the document; or

            (b)         in the case of 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, but not limited to, 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", in relation to the identification of a person in a sea-carriage document, includes the identification of the person by a description which allows for the person's identity to be varied, in accordance with the document, after its issue;

"lawful holder", in relation to 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, by virtue of being 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)         in the case of 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 which—

            (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 which—

            (a)         is given in association with a contract for the carriage of goods by sea including those 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.