Document ID: chunk:federal_register_of_legislation:C2017C00280:schedule:1a:p14
Version: federal_register_of_legislation:C2017C00280
Segment Type: schedule
Provision Reference: sch 1A (pt 14/17)
Character Range: 64882–67569

the contract contained in or evidenced by the Bill of Lading provides that the rules of this Convention or legislation of any State giving effect to them are to govern the contract;
whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.
[NOTE: For the meaning of "sea carriage document", see paragraph 1 (g) of Article 1.]
 2. Subject to paragraph 6, these Rules apply to the carriage of goods by sea from ports outside Australia to ports in Australia, unless one of the Conventions mentioned in paragraph 3 (or a modification of such a Convention by the law of a contracting State) applies, by agreement or by law, to the carriage, or otherwise has effect in relation to the carriage.
 3. The Conventions are:
     (a) the Brussels Convention;
     (b) the Brussels Convention as amended by either the Visby Protocol or the SDR Protocol or both;
     (c) the Hamburg Convention.
 4. Subject to paragraphs 5 and 6, these Rules apply to a sea carriage document that contains or evidences a contract for the carriage of goods by sea from a port in a State or Territory in Australia to a port in another State or Territory in Australia.
 5. If a contract for the carriage of goods by sea from a port in a State or Territory in Australia to a port in another State or Territory in Australia is contained only in or evidenced only by a consignment note, these Rules apply only if the goods:
     (a) are to be carried onwards by sea to, or are being carried onwards by sea from, a port outside Australia; and
     (b) have been declared to the carrier in writing to be international cargo.
 6. These Rules do not apply to the carriage of goods by sea under a charterparty unless a sea carriage document is issued for the carriage.
 7. These Rules apply to a sea carriage document issued under a charterparty only if the sea carriage document is a negotiable sea carriage document, and only while the document regulates the relationship between the holder of it and the carrier of the relevant goods.

Each Contracting State shall apply the provisions of this Convention to the Bills of Lading mentioned above.

This Article shall not prevent a Contracting State from applying the rules of this Convention to Bills of Lading not included in the preceding paragraphs.

Endnotes

Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history

Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations