Transport law in Australia PDF
Preview Transport law in Australia
Transport Law in Australia Transport Law in Australia Second Edition John Livermore This book was originally published as a monograph in the International Encyclopaedia of Laws/Transport Law. General Editor: Roger Blanpain Associate General Editor: Michele Colucci Volume Editors: Marc Huybrechts, Eric Van Hooydonk Published by: Kluwer Law International PO Box 316 2400 AH Alphen aan den Rijn The Netherlands Website: www.kluwerlaw.com Sold and distributed in North, Central and South America by: Aspen Publishers, Inc. 7201 McKinney Circle Frederick, MD 21704 United States of America Email: [email protected] Sold and distributed in all other countries by: Turpin Distribution Services Ltd. Stratton Business Park Pegasus Drive, Biggleswade Bedfordshire SG18 8TQ United Kingdom Email: [email protected] DISCLAIMER: The material in this volume is in the nature of general comment only. It is not offered as advice on any particular matter and should not be taken as such. The editor and the contributing authors expressly disclaim all liability to any person with regard to anything done or omitted to be done, and with respect to the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of this volume. No reader should act or refrain from acting on the basis of any matter contained in this volume without first obtaining professional advice regarding the particular facts and circumstances at issue. Any and all opinions expressed herein are those of the particular author and are not necessarily those of the editor or publisher of this volume. Printed on acid-free paper ISBN 978-90-411-5342-5 This title is available on www.kluwerlawonline.com © 2014, Kluwer Law International BV, The Netherlands All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without written permission from the publisher. Permission to use this content must be obtained from the copyright owner. Please apply to: Permissions Department, Wolters Kluwer Legal, 76 Ninth Avenue, 7th Floor, New York, NY 10011-5201, USA. Email: [email protected] Printed and Bound by CPI Group (UK) Ltd, Croydon, CR0 4YY. The Author John Livermore lives in Hobart, Tasmania, Australia. He retired in 2002 as Senior Lecturer in Commercial Law in the School of Accounting and Finance, Faculty of Commerce and Economics, University of Tasmania after appointment in 1974. He holds an LL.B. (Bristol, 1959), a Diploma in Social Studies (Sheffield, 1961), an LL.M. (Tasmania) 1988 and a Professional Certificate in Arbitration (Adelaide) 2002. He served as Dean of the Faculty of Economics and Commerce 1986–1988. He is a Fellow of the Chartered Institute of Logistics and Transport and a former Chairperson of the Tasmanian Branch 1992–1994. He is also a Fellow and Certified Practising Marketer of the Australian Marketing Institute, a Graded Arbitrator and Accredited Experienced Mediator, Institute of Arbitrators and Mediators Australia and former Chair of the Tasmanian Chapter. He has presented papers on commercial law at Australia and New Zealand universities and on maritime law to the International Congress of Comparative Law Montreal 1990, Athens 1994 Bristol 1998 and papers on aviation policy and law at the Asian Institute of Air and Space Law Taipei 1991, Beijing 1995, Seoul 1997, 2008 Shanghai 1999. Since 1990 he has been Editor of Transport: Laws of Australia with contributing chapters on carriage by road, rail and sea and limitation of liability. Publications include the Australian reports in Ocean Bills of Lading: Traditional Forms, Substitutes and EDI Systems (editor Yiannapoulos, AN Kluwer Law International, 1998) and Multimodal Transport: Carrier Liability and Issues Related to Bills of Lading (editor Kiantou-Pampouki, A Bruylant, 2000). Other publications include chapters on road, rail, and air carriage in Palmer, N Bailment (Law Book Company, 1979), Exemption Clauses and Implied Obligations in Contracts (Law Book Company, 1986) and Marketing Law (with Clarke, E Law Book Company, 1994). He enjoys bushwalking, relaxing in the company of family and friends, travelling overseas whenever possible, unravelling historical mysteries, fossicking through second hand bookshops. E-mail: [email protected] Website: www.johnlivermo.com Australia Table of Contents The Author List of Abbreviations Preface General Introduction §1. BACKGROUND INFORMATION ON THE COUNTRY I. Geography and Climate II. The Economic Setting III. The Constitutional, Political, and Legal Systems IV. The Road and Rail Systems V. Australian Transport Safety Bureau VI. Inland Waterways VII. Airports and Civil Aviation VIII. Pipelines Part I. Introduction §1. INSTITUTIONS REGULATING THE TRANSPORT SYSTEM I. The Department of Transport and Regional Development II. The Australian Transport Advisory Council III. The Bureau of Transport and Communications, Economics IV. Australian Maritime Safety Authority V. Australian Transport Safety Bureau VI. The National Transport Commission VII. The Ministerial Council for Road Transport VIII. The Australian Road Transport Advisory Committee IX. Austroads X. The Australian Road Research Board XI. The National Rail Corporation XII. Airservices Australia XIII. Civil Aviation Safety Authority XIV. The International Air Services Commission §2. OUTLINE OF CHAPTERS Part II. Maritime Law Chapter 1. Carriage by Sea §1. GENERAL §2. DEMISE CHARTER PARTIES §3. VOYAGE CHARTER PARTIES I. ‘Gencon’ Provisions II. The ‘Near’ Clause III. Safe Ports IV. Loading V. Demurrage §4. TIME CHARTER PARTIES I. General Provisions
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