Document ID: chunk:federal_register_of_legislation:F2015C00644:reg:7:p3
Version: federal_register_of_legislation:F2015C00644
Segment Type: reg
Provision Reference: reg 7 (pt 3/16)
Character Range: 9015–11554

handling that has a common boundary with the area within the limits mentioned in paragraph (a).
 5. However, if the Minister is satisfied that, for a particular port or wharf, the limits worked out as set out in paragraph 4 of this Article may produce an anomalous result, the Minister may by instrument determine the limits of the port or wharf for these Rules.
 6. For these Rules, the limits of a port or wharf outside Australia are the limits fixed by any local law (including any terminal area used for cargo handling that has a common boundary with the area within those limits).

ARTICLE 1A
 1. These Rules apply, with any necessary changes, to a sea carriage document in the form of a data message in the same way as they apply to such a document in printed form.
 2. Without limiting paragraph 1, for these Rules in their application to such sea carriage documents:
 (a) a sea carriage document is issued when a data message is generated in a way that constitutes issue of such a document within the system being used by the parties to the relevant contract of carriage; and
 (b) a sea carriage document is transferred when a data message is generated in a way that constitutes transfer of the sea carriage document within the system being used by the parties to the relevant contract of carriage.

ARTICLE 2
 1. Subject to the provisions of this Article and Articles 6 and 6A, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities, set out in these Rules.
 2. For paragraph 1 of this Article, "goods" includes goods (except live animals) carried on or above deck.
 3. However, if the shipper has specific stowage requirements for goods carried on or above deck, then, for paragraph 1 of this Article to apply, the shipper must tell the carrier in writing of those requirements at or before the time of booking the cargo.
 4. Despite Article 4bis, if a carrier carries goods on or above deck contrary to an express agreement with the shipper of the goods made at or before the time of booking the cargo, then, for any loss or damage to the goods that results solely from the goods being carried on or above deck, the carrier is not entitled:
 (a) to any exception or exemption under these Rules; or
 (b) to any limit provided by these Rules to its liability for the loss or damage.
[NOTE: Article 6A allows a shipper and a