CIVIL LAW (WRONGS) ACT 2002 - SECT 167 Carrier liable for neglect or default despite notice etc
CIVIL LAW (WRONGS) ACT 2002 - SECT 167
Carrier liable for neglect or default despite notice etc(1) A common carrier is liable for the loss of, or damage to, goods or animals given to the carrier for transport if the loss or damage results from the carrier's neglect or default despite any notice condition or declaration made by the carrier that excludes or limits the carrier's liability.
(2) A notice, condition or declaration mentioned in subsection (1) is void.
(3) But, a contract of carriage may contain conditions about the transport of goods or animals that are just and reasonable.
(4) Also, a special contract between a common carrier and someone else for the transport of goods or animals is binding on the other person if, but only if, it is signed by the other person or the person giving the carrier the goods or animals for transport.
(5) This section does not affect a common carrier's rights or liabilities under division 11.2.3 (Liability of common carriers for certain goods worth more than $20).
(6) In this section:
"notice" does not include a notice mentioned in section 160 (1) (Notice
of increased charge for transport of certain goods) or
section 165 (1) (Notice of increased charge for transport of certain
animals).