AustLII Tasmanian Numbered Acts

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

Electronic and computerised sea-carriage documents

(1)  Subject to this section, this Act applies –
(a) in relation to a sea-carriage document in the form of a data message, in the same way as it applies in relation to a written sea-carriage document; and
(b) in relation to the communication of a sea-carriage document by means of a data message, in the same way as it applies in relation to the communication of a sea-carriage document by other means.
(2)  This Act applies under subsection (1) , with necessary changes and in accordance with procedures agreed between the parties, to the contract of carriage.
(3)  Without limiting the generality of subsection (2) , in this Act, in the application of the following terms to a sea-carriage document in the form of a data message, or to the communication of a sea-carriage document by means of a data message:
delivery includes any form of communication which constitutes delivery under the terms of the contract of carriage;
endorsement includes any form of authorisation which constitutes endorsement under the terms of the contract of carriage;
possession , in relation to the document, includes being in receipt of the document in any manner which constitutes possession under the terms of the contract of carriage;
signed includes authenticated in any manner which constitutes signing under the terms of the contract of carriage.



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