AustLII Tasmanian Numbered Acts

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SEA-CARRIAGE DOCUMENTS ACT 1997 (NO. 5 OF 1997) - SECT 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.



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