Interpretation

In force

In this Act, unless the contrary intention appears —

bill of lading means a bill of lading (including a received for shipment bill of lading) that 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 that 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;

(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;

(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 that —

(a)

is issued by the carrier of the goods;

(b)

is a receipt for the goods;

(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 that —

(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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5 Interpretation