Review of Section 11 of Carriage of Goods by Sea Act 1991

Have your say on the circumstances Australian courts have jurisdiction in shipping disputes when the port of shipment is in Australia.

Why we want your input

We want your views to inform a policy discussion whether Section 11 of the Carriage of Goods by Sea Act 1991 should be amended.

How you can voice your opinion

Read the department's discussion paper and voice your opinion on the discussion and the questions posed in the paper using the 'Have your say' button below.

Alternatively, you can email the department

Please ensure to advise the department whether you want your submission to be made public or private and if you want to remain anonymous.

What will be the outcome of this consultation?

Your views will help inform the department's decision whether to amend Section 11 of the Carriage of Goods by Sea Act 1991.

The Issue

Some stakeholders in the maritime trade sector have raised concerns with Section 11 of the Carriage of Goods by Sea Act 1991. Their concerns relate to the way Section 11 prevents them from using international arbitration to settle shipping disputes, and creating uncertainty in contractual arrangements.

The department has put together a discussion paper which identifies three potential policy concerns in Section 11:

  • Whether 'sea carriage document' needs to be better defined
  • If interstate voyages should also be protected from foreign arbitration clauses
  • Whether the location and seat of arbitration should be in Australia.

We want to hear the sector's views on these policy concerns.

To help guide feedback, the department has included a list of questions under each policy concern set out in the discussion paper.

For example, under Concern 1: Definition of a Sea Carriage Document, there is a question box which asks questions such as:

  • What concerns do you have with regard to the lack of a definition for the term 'sea carriage document' in COGSA?

See page 6 of the discussion paper.

Relevant documentation


19 Sep 2022 08:30 AEST
01 Nov 2022 17:00 AEDT
This consultation is closed.


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