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©State of Queensland
QUEENSLAND
THE CARRIAGE OF GOODS BY LAND (CARRIERS' LIABILITLES) ACT OF 1967
[Reprinted as at 1 August, 19811
An Act to Amend the Law Relating t o the Liabilities of Carriers of Goods by Land
[Assented to 23 March, 19671 BE IT ENACTED by the Queen's Most E x c e l l e ~ ~ t Majesty, by and with the advice and consent of the Legislative Assembly of Queensland
in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title. This Act may be cited as " The Carriage of Goods by Land (Carriers' Liabilities) Act of 1967."
(2) Repeal. " The Carriers Act of 1866 " is repealed.
2. Meaning of terms. In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them in this section:-
" Agent "-Includes any servant;
" Carriage by land "-A carriage of goods by railway or by road;
" Carrier "-A person who holds himself out for hire for reward
for the carriage by land of goods as a common carrier or otherwise: The term includes a person who carries by land (whether for reward or not) luggage as incidental to his carriage by land of a passenger for reward: The term does not include The Commissioner for Railways under " T h e Railu,ays Acts, 1914 to 1965 " or any other person or authority, in his or its conduct of a railway or tramway within the State;
" Consignment "-The quantity of goods carried at one and the
same time in or on any one vehicle for any one consignor:
The term includes the quantity of goods so carried as incidental t o the carriage by land of any one person for reward ;
"Contract of carriage "-An agreement entered into with a carrier for the carriage by land of goods;
" Goods "-Any animal, article or thing;
" Liability "-Liability by way of civil process of law;
" Magistrates Court "-A Magistrates Court constituted under
" The Justices Acts, 1886 to 1965 ";
2 ss. 3,4 THE CARRIAGE OF GOODS BY LAND, ETC., ACT OF 1967
"Packagew-The unit comprised of goods contained in any wrapping or container and such wrapping or container:
Where two or more packages are inserted by the consignor (or, where in the performance of a contract of carriage goods are consigned more than once, by the initial consignor) in another container the term means the unit comprised of such packages and such other container;
" Unlawful act "-Any crime or misdemeanour.
3. (1) Particular application of Act. Without limiting the application of this Act as prescribed,-
(a) this Act shall apply in respect of a contract of carriage subsisting at the date of commencement of this Act and in respect of every carriage of goods thereunder after such date except where such contract requires and is performed by the movement of only one consignment of goods;
(b) when the carriage of goods under a contract of carriage or as incidental t o the carriage by land of a passenger for reward entails the carriage of such goods along or across any bay, harbour or other protected water or any river, stream or inland water by means of a ferry, barge, boat or other vessel such carriage by any of such means shall, for the purpose of determining the liabilities of the parties to such contract of carriage or, as the case may be, to the contract t o carry by land the passenger in question in respect of loss of or injury to such goods, be deemed t o be a carriage by land and this Act shall apply accordingly.
(2) Act not applicable in certain cases. This Act shall not apply in respect of-
(a) the carriage of goods by sea (save as prescribed by paragraph (b) of this section) or by air or loss of or injury t o goods suffered in the course of such carriage (save as aforesaid) notwithstanding that such carriage may be for the purpose of performing a contract of carriage or incidental to the carriage by land of a passenger for reward;
(b) any liability incurred by a carrier in respect of loss of or injury t o goods which occurred before the date of commencement of this Act.
4. Duty of carrier to deliver goods. (1) A carrier shall take all reasonable steps t o ensure delivery of goods entrusted to him for carriage by land in accordance with the relevant contract of carriage or, where such goods are carried as incidental to his carriage by land of a passenger for reward, in accordance with his contract with such passenger.
(2) A carrier shall not be taken to have performed the duty imposed upon him by subsection (1) of this section by reason only of the fact that he engages another person to deliver the goods in question as prescribed by that subsection.
THE CARRIAGE OF GOODS BY LAND, ETC., ACT OF 1967 s. 5 3
(3) In the event of an occurrence which reasonably affects the delivery of goods as prescribed by subsection (1) of t k s section the carrier may, by agreement with the other party to his contract of carriage or the owner of such goods or, as the case may be, with the passenger in question, be released from the duty imposed upon him by that subsection.
5. Liability of carrier for goods. (1) The liability of a carrier for loss of or injury to goods entrusted to him under a contract of carriage or as incidental to the carriage by land of a passenger for reward shall be upon the bases prescribed by this Act and not otherwise.
A carrier to whom goods have been so entrusted shall be liable for loss of or injury to such goods occasioned by the unlawful act or the negligence of the carrier or any of his agents.
Such liability shall commence upon the receipt of the goods in question by or on behalf of the carrier for the purpose of carriage and shall continue for so long as the goods remain in his custody.
(2) Goods entrusted to a carrier for carriage by land shall be deemed to remain in his custody until he delivers them-
(a) in accordance with the contract of carriage in question or a subsequent agreement lawfully entered into by him with the other party to such contract or with the owner of such goods;
or
(b) where such goods are carried as incidental to the carriage by land of a passenger for reward, in accordance with his contract with such passenger; or
(c) to any person or authority to whom or to which he is required by or under any Act or other enactment or any order of a court of competent jurisdiction to deliver or to relinquish possession of such goods.
(3) Save where the court before which the claim in question is brought is satisfied that, having regard to the death of any person on whose behalf such claim is made or to any incapacity of the claimant or exceptional cause, it is just that such claim should be enforceable notwithstanding that notice has not been given as prescribed by this subsection, a claim against a carrier in respect of loss of or injury to goods entrusted to him for carriage by land shall not be enforceable unless the claimant has given notice in writing to the carrier of such loss or injury-
(a) where the goods have been delivered at the place contracted for, within five days after the date of such delivery;
(b) where the goods have not been delivered at the place contracted for, within five days after the claimant has become aware of such loss or injury.
In calculating such period of five days no account shall be taken of any Saturday, Sunday and any day on which the premises of the carrier concerned at the address at which such notice is given were closed to business during the whole of his usual business hours.
4 a. 6,7 THE CARRIAGE OF GOODS BY LAND, ETC., ACT OF 1967
(4) For the purposes of this Act goods in the personal custody of a passenger being carried by land by a carrier for reward shall be deemed to have been entrusted t o such carrier for carriage by land and t o remain in his custody until he performs his contract with such passenger.
6. Limitation of carrier's liability. (1) A carrier shall not be liable for loss of or injury t o any goods entrusted t o him under a contract of carriage or as incidental t o the carriage by land of a passenger for reward in a n amount greater than twenty dollars per package or, in the case of unpackaged goods, per item of goods consigned or two hundred dollars per consignment, whichever is the less, unless, at or before the time such goods are delivered to the carrier the consignor has given t o him a statement in writing declaring the nature and value of such goods and has received from the carrier his acceptance in writing of the consignment in question specifying the nature and value so declared and his acceptance of increased risk in respect thereof and, if the carrier requires it, there has been paid or agreed t o be paid t o the carrier by way of compensation for the increased risk and care expected of him a n amount in addition t o the ordinary rate of charge for carriage of such goods.
(2) A carrier who holds himself out as ready t o accept liability in excess of the maximum liability referred t o in subsection (1) of this section shall exhibit in a conspicuous and public place-
(a) in his premises whereat goods are customarily delivered t o him for carriage by land; or
(b) where goods entrusted t o him for the purpose of carriage are not ordinarily delivered to him for that purpose a t premises, in every vehicle used by him for the carriage of such goods, a notice in legible print stating the substance of subsection (1) of this section and setting forth the additional charges (if any) payable in respect of his acceptance of such excess liability.
For the purposes of this subsection every office, warehouse, receivinghouse or premises appointed by a carrier for the delivery t o him of goods for carriage by land shall be deemed to be his premises.
(3) Where, a s prescribed by subsection (1) of this section, a carrier has accepted liability in respect of particular goods in excess of the maximum liability referred t o in that subsection, he shall not be liable for loss of or injury t o such goods in an amount greater than the actual value of such goods or the value as so declared, whichever is the less, together with the amount of any additional charge paid as required by the carrier in respect of the carriage of such goods.
7. Remedy in case of delay by carrier. When a carrier, without lawful excuse, exhibits unreasonable delay in the due delivery of goods entrusted t o him for carriage by land a Magistrates Court having jurisdiction at the place where his principal place of business in the State is situated may, upon the complaint of a person aggrieved by such delay, order that such goods be delivered to the person appearing t o such
THE CARRIAGE OF GOODS BY LAND, ETC., ACT OF 1967 ss. 8-11 5
court t o be entitled t o possession thereof and that such amount be paid by the carrier by way of compensation for such delay to such person as to such court appears just.
The provisions of this section shall not be construed to prejudice any other remedy which any person may have against the carrier in question by reason of his delay in delivery of the goods.
8. Carrier indemified against false particulars. A consignor of goods consigned for carriage by land shall pay to the carrier of such goods the amount of all additional charges, expenses, and liabilities (including liability in damages) incurred by the carrier in connection with the carriage of such goods by reason of false or inaccurate particulars furnished by the consignor to the carrier in respect of such goods or the carriage thereof.
9. (1) Provisions of Act incorporated in contracts. There shall be deemed to be incorporated in every contract of carriage and in every other contract under which is to be performed a carriage of goods t o which this Act applies the provisions of sections four, five and eight and of subsections (1) and (3) of section six of this Act.
(2) Contracting out prohibited. Save as is prescribed by this Act, a contract made by a carrier which purports to exclude, modify, alter or avoid any provision of this Act or directly or indirectly has the effect of such an exclusion, modification, alteration or avoidance shall, t o that extent, be void except in the case of a contract made, in the event of loss of or injury t o goods, with a claimant for damages in respect thereof in settlement of the claim in question.
10. Application of Act to servants and agents. (I) In an action brought against the servant of a carrier in respect of loss of or injury to goods entrusted t o the carrier for carriage by land such servant, if he proves that, at the time of such loss o r injury, he was acting within the scope of his employment, shall be entitled to avail himself of such of the provisions of sections five, six and eight of this Act as the carrier himself could have invoked in an action against him in respect of such loss or injury.
(2) The aggregate of the amounts recoverable from a carrier and his agents in respect of loss of or injury to goods entrusted to the carrier for carriage by land shall not exceed the relevant maximum liability prescribed by section six of this Act.
11. Proof of issues. In any proceeding brought in respect of loss of or injury to goods entrusted to a carrier for carriage by land-
(a) the plaintiff shall be required t o prove the value of the goods or, as the case may require, the quantum of damage occasioned by the loss or injury in question;
6 s. 12 THE CARRIAGE OF GOODS BY LAND, ETC., ACT OF 1967
(b) the plaintiff shall not be required to prove the cause of such loss or injury but the defendant, if he seeks to avoid liability, shall be required to prove that such loss or injury was not occasioned by such cause as would render him liable therefor.
12. Regulations, &c. (1) The Governor in Council may make such regulations, not inconsistent with this Act, as are necessary or convenient for giving effect to the objects and purposes of this Act.
(2) The Governor in Council may by Order in Council vary the amounts (or any of them) for the time being prescribed by or under this Act as the maximum liability of a carrier in respect of loss of or injury t o goods.
The provisions of such an Order in Council shall, for so long as it continues in force, have the same force and effect as if they were enacted in this Act.
(3) Every such Order in Council and regulation shall- (i) be published in the Gazette;
(ii) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein;
(iii) take effect from the date of its publication in the Gazette unless a later date is specified in that or any other Order in Council or regulation for its commencement whereupon it shall take effect from such later date; and
(iv) be laid before the Legislative Assembly within fourteen sitting days after the date of its publication in the Gazette if the Legislative Assembly is in session and, if it is not, then within fourteen sitting days after the commencement of its next session.
(4) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after such a n Order in Council or regulation has been laid before it disallowing the same or part thereof that Order in Council, regulation, or, as the case may be, part shall cease to have effect but without prejudice to the validity of anything done in the meantime or to the making of a further Order in Council or regulation.
INDEX
TO
CARRIAGE OF GOODS BY LAND (CARRIERS' LIABILITIES) ACT OF 1967
A
Act-
application of . . .
provisions of deemed t o be incorporated in all contracts . .
servant of carrier entitled to benefit of Act . . .
when inapplrcablc . . .
Agent-
meaning orterm . . .
Amounts in respect of liability, variation of by Order in Council
C
Carriage by land-
carriage across bay or inland water deemed to be . . . . . . .
meaning of term Carricr-
agreeing to increase in liability-
. . .
exhibition of notice of
~rovision for . . .
clairri against-
. . .
notice of claim to be delivered
. . .
contractine out. aareement for void
. . .
c"stody, i h e n deemed to remain in
delay in delivery ofgoods by, Court may order delivery COmpenSBUOn Payment
delivery of goads, t o take all reasonable steps t o ensure false particulars given to, indemnity by consignor
.
.liability for goods-
. . .
upon baser prescribed
when omrates . . .
a i d
. .
meaning of ierm . . . . .
not to be taken p&formibg dut;' under s. 4 (1) by cootractlng wlth otber person
. . .
release from duty under s. 4 (1)
. . .
servant of entitled to benefit of Act Consignment-
meaning ofterm . . .
Contract of carriage-
. . . .
across bay, inland water deemed to be across land
Act not t o apply to, when . . . . . .
Act to apply to, when
. . .
meaning of term
proceedings brought m respect of, proof of issues in . .
-
Goods-
carriage ofacross bay, inland water deemed to be across land
. . .
in possession of passenger
. . .
meaning of term
Liability- meaning of term . . . 2 . . .
of carrier for goodr- amount of . . . 6 ( 1 ) . . . . . . .
carrier may agree to increase 6 ( 1 ) . . . .
to be u ~ o n bases prescribed . . .
when operates . . .
2 :: ::
8 INDEX
Masistrater Court- meaning o f term
Page
1
- Order in Council-
disallowance of by Legislative Assembly . . . 12(4) . . . .
laying of before Legislative Asrembly . . . . 12(3) . . . .
making of to vary amounts in respect of liabiiky . . 12(2) . . . . . . .
publication of in Garette 12(3) . . . .
Meaning of termr-
agent . . . 2 . . .
. . . carrlagc by land 2 . . . carrier . . . 2 . . .
con~ignment . . . 2 . . .
contract of carriage . . . 2 . . .
goods . . . 2 . . .
liability . . . 2 . . .
~ a g i s t r a t e s ~ o u r i ' . . . 2 . . .
Package . . . 2 . . . .
~ n l a w f u l a% . . . 2 . . .
Package- meaning of term I I I I 1 1 1 I - 2 7
R
Regulations- . . . disallowance of by Legislative Assembly 12(4). . . .
laying of before Legirlative Assembly . . . 3. . . .
making o f . . . . .
. . . .
. . .
~ u b l i c a t i o n of in Gazette 12(3) . . . .
Repeal o f Act . . . 1 (2)
S
Short title . . . 1 (1)
Unlawful act- meaning of term
60251-'By Authority: S. R. Hampson, Government Printer. Queendand-'1983
