Electronic and computerised sea-carriage documents
6 Electronic and computerised sea-carriage documents
(1) Subject to this section, this Act applies:
(a) in relation to a
sea-carriage document in the form of a data message--in the same way as it
applies in relation to a written sea-carriage document, and
(b) in relation
to the communication of a sea-carriage document by means of a data message--in
the same way as it applies in relation to the communication of a sea-carriage
document by other means.
(2) This Act applies under subsection (1) with
necessary changes and in accordance with procedures agreed between the parties
to the contract of carriage.
(3) Without limiting the generality of
subsection (2), in this Act, in the application of the following terms to a
sea-carriage document in the form of a data message, or to the communication
of a sea-carriage document by means of a data message:
"delivery" includes any form of communication which constitutes delivery under
the terms of the contract of carriage.
"endorsement" includes any form of authorisation which constitutes endorsement
under the terms of the contract of carriage.
"possession" , in relation to the document, includes being in receipt of the
document in any manner which constitutes possession under the terms of the
contract of carriage.
"signed" includes authentication in any manner which constitutes signing under
the terms of the contract of carriage.