New South Wales Consolidated Acts

SEA-CARRIAGE DOCUMENTS ACT 1997 - SECT 12

12 Shipment under bills of lading

(1) This section applies in relation to a bill of lading which:

(a) represents goods to have been shipped, or received for shipment, on board a vessel, and

(b) is signed:

(i) by the master of the vessel, or

(ii) by another person with the express, implied or apparent authority of the carrier to sign bills of lading.

(2) A bill of lading to which this section applies is prima facie evidence as against the carrier, in favour of the shipper, of the shipment of the goods or, in the case of a received for shipment bill of lading, of their receipt for shipment.

(3) A bill of lading to which this section applies is conclusive evidence as against the carrier, in favour of a lawful holder of the bill, of the shipment of the goods or, in the case of a received for shipment bill of lading, of their receipt of shipment.