Document ID: chunk:federal_register_of_legislation:F2016C00708:clause:2_107
Version: federal_register_of_legislation:F2016C00708
Segment Type: clause
Provision Reference: sch 2 cl 107
Character Range: 173880–175095

107  Recovery of losses for non‑provision of container weight declaration
 (1) This section applies where:
 (a) a container weight declaration has not been provided as required; and
 (b) a person suffered loss as a result of the non‑provision of the declaration.
 (2) Any person (the plaintiff) has a right to recover under this Act, from the responsible entity for the freight container, the monetary value of any loss incurred by the plaintiff and consequent on the non‑provision of the container weight declaration.
 (3) Losses that may be recovered include any or all of the following:
 (a) any loss incurred from delays in the delivery of the freight container or any goods contained in it or of other goods;
 (b) any loss incurred from spoliation of or damage to the goods;
 (c) any loss incurred from the need to provide another vehicle or combination, and any loss incurred from any delay in the provision of another vehicle or combination;
 (d) any costs or expenses incurred in weighing the freight container or any of its contents or both.
 (4) The plaintiff may enforce that right by bringing proceedings in a court of competent jurisdiction for an order for payment of the monetary value of the loss.