National Carrier s Regulations

Transcription

1 National Carrier s Regulations Country: Australia as at 30 June 2009 Legal Basis Period of Liability Extent of Liability / Limits Notice of claim after recept of damaged goods Limitation period Post - domestic Australian Postal Corporation Act 1989 and the Australia Post Terms and Conditions. During carriage Standard Post: Max. A$ 50. Within 6 months of the lodgement date. Registered Post: Max. A$ 100 Additional insurance available up to A$ 5,000. Post - International Australian Postal Corporation Act 1989 and the Australia Post Terms and Conditions. During carriage Standard Post: Max. A$ 50. Registered Post: Within 6 months of the lodgement date, or 30 days in the case of Express Courier International and Express Post International parcels. Max. A$ 100. Additional insurance available up to A$ 5,000.

2 Rail - International Rail - interstate. Rail - Intrastate. Rail - International Road - Domestic Subject to implied warranties in the Trade Practices Act 1974 (Cth), which apply to the transportation of goods, including storage and warehousing, other than for purpose of a business, trade or profession..... Road - International 2

3 Air - International (Carriers Liability) Act 1959 incorporating the Warsaw Convention 1929 (as amended by the Hague Protocol 1955) and the Guadalajara Convention 1961 and Montreal Protocol No 4. During period of carriage by air as defined in Warsaw Convention. passengers: 260,000 SDRs Legislation Amendment (1999 Montreal Convention and Other Measures) Act During period of carriage by air as defined in Montreal Convention passengers: 100,000 SDRs per passenger (strict liability). Checked baggage: within 7 days of receipt. Unlimited liability where proven damages exceed 100, 000 SDRs and fault on part of carrier. Cargo: within 14 days of receipt. Destruction, loss, damage or delay of baggage: 1000 SDRs per passenger. Cargo: 17 SDRs per kg. Delay: within 21 days from the date on which the baggage or cargo have been placed at his or her disposal. Damage caused by delay in carriage of persons: 4,150 SDRs. 3

4 Air - national (Carriers Liability) Act 1959, Part IV. During air carriage. passengers: $500,000 or 260,000 SDRs. Injury or partial loss to registered baggage: Within 3 days after the date of receipt of the baggage. Damage or loss to registered baggage: $900 per passenger. Unregistered baggage: $90 per passenger. Loss or destruction to whole item of registered baggage: within 21 days from the date on which the baggage should have been placed at the disposal of the passenger. Unregistered baggage: within a period of three days from the date on which the carriage of the passenger ended. Courier service. Forwarding..... Sea - international Carriage of Goods by Sea Act 1991, (amended 1997), incorporating amended Hague- Visby Rules From receipt at load port until delivery at destination port. A$ 200 per package/unit, unless value declared before shipment and inserted into bill of lading. Visible damage: on delivery; concealed damage: within 3 days. 1 year 4

5 Sea - interstate Governed by the Carriage of Goods by Sea Act 1991, (amended 1997) From receipt at load port until delivery at destination port. A$ 200 per package/unit, unless value declared before shipment and inserted into Bill of Lading. Visible damage: on delivery; concealed damage: within 3 days. 1 year Sea - intrastate. 5