Carriers Act 1920
Reprint 2: The Act as at 30 January 2004
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Endnotes, Compilation table
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Western Australia
Carriers Act 1920
CONTENTS
1.Short title and commencement1
2.Carriers not to be liable for loss of or injury to certain goods of the value of $20 unless delivered as such and increased charges accepted1
3.Increased rate may be charged if notice thereof given2
4.Carriers to give receipts acknowledging increased rate2
5.No other notice to limit the liability3
6.Place used as office, warehouse, or receiving-house to be deemed to be such. Co‑partners need not be joined3
7.Not to affect contracts3
8.Parties entitled to damages for loss may also recover extra charges3
9.Nothing herein to protect felonious acts4
10.Carriers liable only for such damages as are proved4
11.Act binding on Crown but not on the Commissioner of Railways4
Schedule5
Notes
Compilation table6
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Western Australia
Carriers Act 1920
An Act to amend the law relating to common carriers.
1.Short title and commencement
This Act may be cited as the Carriers Act 1920 and shall come into operation on 1 January 1921 1.
2.Carriers not to be liable for loss of or injury to certain goods of the value of $20 unless delivered as such and increased charges accepted
No common carrier by land for hire shall be liable for the loss of or injury to any article or property of any of the descriptions set forth in the schedule to this Act, contained in any parcel or package which shall have been delivered either to be carried for hire or to accompany the person of any passenger in any conveyance, when the value of such article or property contained in such parcel or package shall exceed the sum of $20, unless at the time of delivery thereof at the office, warehouse, or receiving‑house of such common carrier, or to him, his servant, or agent for the purpose of being carried, or if accompanying the person of any passenger as aforesaid, the value and nature of such article or property shall have been declared by the person sending or delivering the same, and such increased charge as hereinafter mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.
[Section 2 amended by No. 113 of 1965 s. 8.]
3.Increased rate may be charged if notice thereof given
When any parcel or package containing any of the articles in the said schedule specified shall be so delivered, and its value and contents declared as aforesaid, and such value shall exceed the sum of $20, it shall be lawful for the carrier to demand and receive an increased rate of charge, to be notified by some notice affixed in legible characters in or on some conspicuous part of the office, warehouse, or receiving‑house where, or on the exterior of the vehicle beside or into which such parcel or package is received by him for the purpose of conveyance, stating the increased rates of charge required to be paid over and above the ordinary rate of carriage as a compensation for the greater risk and care to be taken for the safe conveyance of such valuable articles; and all persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office, warehouse, or receiving‑house, or in or beside such vehicle, shall be bound by such notice without further proof of the same having come to their knowledge.
[Section 3 amended by No. 113 of 1965 s. 8.]
4.Carriers to give receipts acknowledging increased rate
When the value shall have been so declared in and the increased rate of charge paid, or an agreement to pay the same shall have been accepted as hereinbefore mentioned, the person receiving such increased rate of charge or accepting such agreement shall, if thereto required, sign a receipt for the package or parcel acknowledging the same to have been insured, which receipt shall not be liable to any stamp duty, and if such receipt shall not be given when required, or such notice as aforesaid shall not have been affixed, the carrier shall not have or be entitled to any benefit or advantage under the Act, but shall be liable and responsible as at the common law, and be liable to refund the increased rate of charge.
5.No other notice to limit the liability
No public notice or declaration heretofore made or hereafter to be made shall be deemed or construed to limit or in anywise affect the liability at common law of any such carrier as aforesaid for or in respect of any articles or goods to be carried or conveyed by him; but every such carrier shall be liable as at the common law to answer for the loss or any injury to any articles and goods in respect whereof they may not be entitled to the benefit of this Act, any public notice or declaration by him made and given contrary thereto or in anywise limiting such liability to the contrary notwithstanding.
6.Place used as office, warehouse, or receiving-house to be deemed to be such. Co‑partners need not be joined
For the purposes of this Act every office, warehouse, or receiving‑house which is used or appointed by any such carrier as aforesaid for the receiving of parcels to be conveyed as aforesaid, shall be deemed and taken to be the office, warehouse, or receiving‑house of such carrier; and no objection shall be taken in any action or suit commenced against a common carrier to recover damages for loss or injury to any parcel, package, or person for the want of joining any copartner of such carrier in such action or suit.
Nothing in this Act contained shall extend or be construed to annul or in anywise affect any special contract between any common carrier and any other parties for the conveyance of goods or merchandises.
8.Parties entitled to damages for loss may also recover extra charges
Where any parcel or package shall have been delivered at any such office, warehouse, or receiving‑house or any such carrier, his servant or agent as aforesaid, and the value and contents declared as aforesaid, and the increased rate of charges paid, and such parcel or package shall have been lost or damaged, the party entitled to recover damages in respect of such loss or damage shall also be entitled to recover back such increased charges so paid as aforesaid, in addition to the value of such parcel or package.
9.Nothing herein to protect felonious acts
Nothing in this Act shall be deemed to protect any common carrier from liability to answer for loss or injury to any goods or articles whatsoever arising from the felonious acts of any servant in his employ; or to protect any servant from any loss or injury occasioned by his own personal neglect or misconduct.
10.Carriers liable only for such damages as are proved
No such carrier as aforesaid shall be concluded as to the value of any such parcel or package by the value so declared as aforesaid, but he shall in all cases be entitled to require from the party suing in respect of any loss or injury proof of the actual value of the contents by the ordinary legal evidence, and he shall be liable to such damages only as shall be proved as aforesaid, not exceeding the declared value, together with the increased charges as before mentioned.
11.Act binding on Crown but not on the Commissioner of Railways
This Act shall not bind or be applicable to the Commissioner of Railways; but shall in other respects be binding on the Crown and the departments and agencies of the Government of the State.
