Commonwealth Consolidated Acts

CARRIAGE OF GOODS BY SEA ACT 1991 - SECT 2A

             (1)  The Minister must, from time to time while Part 3 and Schedule 2 have not commenced, review the question of whether the amended Hague Rules should be replaced by the Hamburg Rules.

             (2)  The first review must be completed within 5 years of the commencement of this section. Subsequent reviews must be completed within 5 years of the previous review. For this purpose, a review is completed when the tabling requirement in subsection (4) has been complied with.

             (3)  In conducting a review, the Minister must:

                     (a)  consider the extent to which the Hamburg Rules have been adopted internationally, in particular by Australia's major trading partners; and

                     (b)  consult with representatives of shippers, ship owners, carriers, cargo owners, marine insurers and maritime law associations on the question whether the amended Hague Rules should be replaced by the Hamburg Rules.

The Minister must then go on to decide in writing if the amended Hague Rules should be so replaced.

             (4)  A statement setting out the Minister's decision on a review, and explaining the reasons for that decision, is to be tabled in each House of the Parliament within 15 sitting days of that House after the making of the decision.

             (5)  If the Minister tables a statement in each House of the Parliament in accordance with subsection (4) setting out a decision that the amended Hague Rules should be replaced by the Hamburg Rules, the Governor‑General may, by Proclamation, fix a day (subject to subsection (6)) for the commencement of Part 3 and Schedule 2. That Part and Schedule then commence on that day.

             (6)  The day fixed under subsection (5) must be at least 6 months after the tabling requirement in subsection (4) has been complied with.

             (7)  If:

                     (a)  The Minister's decision on a review is that the amended Hague Rules should be replaced by the Hamburg Rules; and

                     (b)  Part 3 and Schedule 2 do not commence under subsection (5) within 12 months of the tabling requirement in subsection (4) being complied with;

Part 3 and Schedule 2 commence on the first day after the end of that period.