Australian Capital Territory

common carriers act 1902
(New south wales) 
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Reprinted as at 31 July 1992
TABLE OF PROVISIONS
Section
	1.	Short title
	3.	Interpretation
	4.	Common carrier not liable for loss of certain goods above $20
	5.	Increased charge may be demanded
	6.	Receipt to be given for increased charge
	7.	Public notices by carrier not to affect liability
	8.	Office etc. deemed to be receiving-house
	9.	Carrier liable for neglect or default
	10.	Felonious acts not protected
	11.	Carrier liable only for proved damage
Second Schedule
Goods for loss of which carrier not liable 
above $20 unless declared
Third Schedule
Scale of damages for loss of or injury
to animals

Australian Capital Territory

common carriers act 1902
(new south wales)
An Act to consolidate the enactments regulating the rights and liabilities of common carriers by land
Short title
1.  This Act may be cited as the Common Carriers Act 1902.1
Interpretation
3.  In this Act, unless the context or subject-matter otherwise indicates or requires, “common carrier” means a common carrier by land.
Common carrier not liable for loss of certain goods above $20
4.  No common carrier for hire shall be liable for the loss of or injury to any articles or property of the descriptions specified in the Second Schedule contained in any parcel or package which has been delivered either to be carried for hire or to accompany the person of any passenger in any conveyance by land when the value of such articles or property contained in such parcel or package exceeds the sum of $20 unless, at the time of delivery thereof at the office, warehouse or receiving-house of such common carrier or to his book-keeper or other servant for the purpose of being carried or of accompanying the person of any passenger as aforesaid, the value and nature of such articles or property are declared by the person sending or delivering the same and such increased charge, if any, as hereinafter mentioned, or an engagement to pay the same, be accepted by the person receiving such parcel or package.

Increased charge may be demanded
5.  (1)  When any parcel or package containing any of the articles specified in the Second Schedule is delivered and its value and contents declared as aforesaid and such value exceeds the sum of $20, such common carrier may demand an increased rate of charge.
(2)  Such increased rate shall be notified by a notice affixed in legible characters in some public and conspicuous part of the office warehouse or other receiving-house where such parcels or packages are received by such common carrier 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.
(3)  All persons sending or delivering parcels or packages containing such valuable articles as aforesaid at such office warehouse or other receiving-house shall be bound by such notice without further proof of the same having come to their knowledge.
Receipt to be given for increased charge
6.  (1)  When the value has been so declared and the increased rate of charge paid or an engagement to pay the same has been accepted, the person receiving such increased rate of charge or accepting such engagement shall, if thereto required, sign a receipt for the parcel or package acknowledging the same to have been insured.
(2)  If such receipt is not given when required, or such notice as aforesaid has not been affixed, the common carrier shall not have or be entitled to any benefit or advantage under this Act but shall be liable and responsible as at the common law and be liable to refund the increased rate of charge if paid.
Public notices by carrier not to affect liability
7.  (1)  No public notice or declaration heretofore or hereafter made shall be deemed or construed to limit or in anywise affect the liability at common law of any common carrier in respect of any articles or goods to be carried and conveyed by him.
(2)  All common carriers 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 are not entitled to the benefit of this Act any public notice or declaration by them made and given contrary thereto or in anywise limiting such liability notwithstanding.
Office etc. deemed to be receiving-house
8.  (1)  For the purposes of this Act, every office, warehouse or receiving-house used or appointed by any common carrier for the receiving of parcels to be conveyed as aforesaid shall be deemed and taken to be the receiving-house, warehouse or office of such common carrier.
(2)  Any one or more of such common carriers shall be liable to be sued by his or their name or names only.
(3)  No action or suit commenced to recover damages for loss or injury to any parcel, package or person shall abate for the want of joining any co-proprietor or co-partner in such public conveyance by land for hire as aforesaid.
Carrier liable for neglect or default
9.  Every such carrier shall be liable for the loss of, or for any injury done to, any horses, cattle or other animals or to any articles, goods or things in the receiving, forwarding or delivering thereof occasioned by the neglect or default of such carrier or his servants notwithstanding any notice, condition or declaration made and given by such carrier contrary thereto or in anywise limiting such liability every such notice, condition or declaration being hereby declared to be null and void but the provisions in this section contained shall be subject to the following qualifications and conditions:
	(a)	Every such carrier may make such conditions with respect to the necessary forwarding and delivering of any of the said animals, articles, goods or things as the Court or Judge before whom any question relating thereto is tried adjudges to be just and reasonable.
	(b)	No greater damages shall be recovered for the loss of, or for any injury done to, any of such animals beyond the sums mentioned in the Third Schedule unless the person sending or delivering the same to such carrier has at the time of such delivery declared them to be respectively of higher value, in which case such carrier may demand and receive by way of compensation for the increased risk and care thereby occasioned a reasonable percentage upon the excess of the value so declared above the respective sums so limited as aforesaid and which shall be paid in addition to the ordinary rate of charge and such percentage or increased rate of charge shall be notified in the manner prescribed in section 5 in the manner therein mentioned.
	(c)	No special contract between such carrier and any other parties respecting the receiving, forwarding or delivering of any animals, articles, goods or things as aforesaid shall be binding upon or affect any such party unless the same be signed by him or by the person delivering such animals, articles, goods or things respectively for carriage.
	(d)	Nothing in this section shall affect the rights, privileges or liabilities of any such carrier with respect to articles of the description mentioned in the Second Schedule.
Felonious acts not protected
10.  Nothing in this Act shall be deemed to protect any such carrier for hire from liability to answer for loss of or injury to any animals, goods or articles whatsoever arising from the felonious or fraudulent act of any servant in his employ nor to protect any such servant from liability for any loss or injury occasioned by his personal neglect or misconduct.
Carrier liable only for proved damage
11.  No such carrier shall be concluded as to the value of any animal, 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 any animal, parcel or package by the ordinary legal evidence and shall be liable to such damage only as is so proved as aforesaid not exceeding the declared value.

SECOND SCHEDULE
Goods for loss of which carrier not liable above $20 unless declared
Gold or silver coin of the Commonwealth or of any other country; any gold or silver in a manufactured or unmanufactured state; any precious stones, jewellery, watches, clocks or time-pieces of any description; trinkets, gold or silver ores, bills, notes of any bank, orders, notes or securities for the payment of money; Australian stamps or stamps of a country other than Australia, maps, writings, title-deeds, paintings, engravings, pictures, gold or silver plate or plated articles, glass, china, silks in a manufactured or unmanufactured state and whether wrought up or not wrought up with other materials, furs or lace or any of them.

THIRD SCHEDULE
Scale of damages for loss of or injury to animals
	$
For a horse		100
For cattle, per head		30
For a sheep or a pig		4

NOTE
1.	The Common Carriers Act 1902 of the State of New South Wales (No. 48, 1902) as shown in this reprint was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Common Carriers Act 1902 of the State of New South Wales in its application in the Territory as at 10 August 1984 comprises Part 5 of Schedule 2 to the New South Wales Acts Application Act 1984 (No. 41, 1984) as amended, details of those amendments are as follows:

	Section 2 and the First Schedule were repealed by the New South Wales Act Application Act 1984.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.