Federal Register of Legislation - Australian Government

Primary content

Limitation of Liability for Maritime Claims Act 1989

  • - C2004A03899
  • In force - Superseded Version
  • View Series
Act No. 151 of 1989 as made
An act to give effect to the Convention on Limitation of Liability for Maritime Claims, 1976, and for related purposes
Administered by: Infrastructure, Regional Development and Cities
Date of Assent 30 Nov 1989
 

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151, 1989

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - LONG TITLE

An act to give effect to the Convention on Limitation
of Liability for Maritime Claims, 1976, and
for related purposes

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 1
Short title

(Assented to 30 November 1989)
1. This Act may be cited as the Limitation of Liability for Maritime Claims Act 1989.

(Minister's second reading speech made in-
House of Representatives on 12 April 1989
Senate on 18 August 1989)

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 2
Commencement

2. (1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 18 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 3
Interpretation

3. (1) In this Act:
"applied provisions" means the provisions of the Convention that, under section 6, have the force of law in Australia;
"Convention" means the Convention on Limitation of Liability for Maritime Claims, 1976 adopted by the International Conference on Limitation of Liability for Maritime Claims at London on 19 November 1976, a copy of whose English text is set out in Schedule 1.

(2) Unless the contrary intention appears, a word or expression has the same meaning in this Act as it has in the Convention.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 4
Extension to external Territories

4. This Act extends to the external Territories.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 5
Application

5. This Act does not apply in relation to a ship to the extent that a law of a State or the Northern Territory makes provision giving effect to the Convention in relation to that ship.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 6
Applied provisions to have force of law

6. Subject to this Act, the provisions of the Convention, other than paragraphs 1 (d) and (e) of Article 2, have the force of law in Australia.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 7
Applied provisions not applicable in relation to certain ships

7. The applied provisions do not apply in relation to a ship that belongs to the naval, military or air forces of a foreign country.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 8
Priority of claims in respect of damage to harbour works etc.

8. For the purposes of paragraph 3 of Article 6 of the Convention, it is hereby provided that a claim in respect of damage to harbour works, basins, waterways or aids to navigation has priority over any other claim under paragraph 1 (b) of the Article.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 9
Applications to the Court under the applied provisions

9. (1) Where a claim is made, or is expected to be made, against a person in respect of any liability of the person that may be limited under the applied provisions, the person may apply:
(a) where a claim has been made against the person in proceedings in the Supreme Court of a State or Territory-to that Court; or
(b) in any other case-to the Supreme Court of any State or Territory;
to determine the limit of that liability under the applied provisions, and the Court may determine that limit.

(2) In making the determination, the Court may make any order with respect to the constitution, administration and distribution, in accordance with the applied provisions, of a limitation fund in respect of claims subject to the limitation.

(3) The Court may, at any stage of the proceedings, upon application or of its own motion, by order, transfer the proceedings to another Supreme Court.

(4) Where proceedings are transferred from a Court to another Court:
(a) all documents filed of record, and moneys lodged, in the first-mentioned Court shall be transmitted to the other Court; and
(b) the other Court shall proceed as if the proceedings had been instituted and pursued in that Court.

(5) This section does not exclude or limit the operation of section 25 of the Admiralty Act 1988.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 10
Evidence of certain matters

10. (1) The Minister may, by notice published in the Gazette, declare:

Back to Top

(a) that a country specified in the notice has ratified or acceded to the Convention subject to the reservations (if any) specified in the notice, and that the Convention has, or will, subject to those reservations (if any), come into force in respect of that country on the date specified in the notice;
(b) that a country specified in the notice has, at the time of deposit of its instrument of ratification or accession to the Convention or at any later time, declared that the Convention extends to a territory or territories specified in the notice and that the extension has, or will, come into force on the date specified in the notice;
(c) that a country specified in the notice has denounced the Convention and that the denunciation has taken, or will take, effect on the date specified in the notice; or
(d) that a country specified in the notice has declared that the Convention shall cease to extend to a territory or territories specified in the notice and that the denunciation has taken, or will take, effect on the date specified in the notice.

(2) A notice under subsection (1) is, for all purposes, prima facie evidence of the matters declared.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 11
Regulations etc.

11. (1) The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act;
and, in particular, providing for matters that, under the applied provisions, are to be governed by Australian law.

(2) Subsection (1) does not limit the power of a judge or judges of the Supreme Court of a State or Territory to make rules of Court with respect to a matter that is not provided for in the regulations.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 12
Amendments of the Admiralty Act 1988

12. The Admiralty Act 1988*1* is amended as set out in Schedule 2. *1* No. 34, 1988.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SECT 13
Amendments of the Navigation Act 1912

13. The Navigation Act 1912*2* is amended as set out in Schedule 3. *2* No. 4, 1913, as amended. For previous amendments, see No. 32, 1919; No. 1 1921; No. 8, 1925; No. 8, 1926; No. 49, 1934; No. 30, 1935; No. 1, 1943; No. 80, 1950; No. 109, 1952; No. 96, 1953; No. 46, 1956; No. 36, 1958; No. 96, 1961; No. 1, 1965; No. 93, 1966; No. 60, 1967; No. 62, 1968; Nos. 1 and 117, 1970; No. 28, 1972; No. 216, 1973; Nos. 91 and 157, 1976; Nos. 98 and 155, 1979; Nos. 70 and 87, 1980; Nos. 10, 36, 61 and 74, 1981; No. 80, 1982; Nos. 39, 40, 84 and 136, 1983; Nos. 72 and 165, 1984; No. 65 and 193, 1985; Nos. 76, 132, 163 and 167, 1986; No. 141, 1987; and Nos. 34 and 57, 1988.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SCHEDULE 1

SCHEDULE 1
Subsection 3(1) CONVENTION ON LIMITATION OF LIABILITY FOR MARITIME CLAIMS, 1976
THE STATES PARTIES TO THIS CONVENTION,
HAVING RECOGNIZED the desirability of determining by agreement certain uniform rules relating to the limitation of liability for maritime claims,
HAVE DECIDED to conclude a Convention for this purpose and have thereto agreed as follows:
CHAPTER I. THE RIGHT OF LIMITATION
Article 1
Persons entitled to limit liability

1. Shipowners and salvors, as hereinafter defined, may limit their liability in accordance with the rules of this Convention for claims set out in Article 2.

2. The term "shipowner" shall mean the owner, charterer, manager and operator
of a seagoing ship.
3. Salvor shall mean any person rendering services in direct connexion with
salvage operations. Salvage operations shall also include operations referred to in Article 2, paragraph 1(d), (e) and (f).
4. If any claims set out in Article 2 are made against any person for whose
act, neglect or default the shipowner or salvor is responsible, such person
shall be entitled to avail himself of the limitation of liability provided for
in this Convention.
5. In this Convention the liability of a shipowner shall include liability in
an action brought against the vessel herself.
6. An insurer of liability for claims subject to limitation in accordance with

Back to Top

the rules of this Convention shall be entitled to the benefits of this
Convention to the same extent as the assured himself.
7. The act of invoking limitation of liability shall not constitute an
admission of liability.
Article 2
Claims subject to limitation

1. Subject to Articles 3 and 4 the following claims, whatever the basis of
liability may be, shall be subject to limitation of liability:
(a) claims in respect of loss of life or personal injury or loss of or damage to property (including damage to harbour works, basins and waterways and aids to navigation), occurring on board or in direct connexion with the operation of the ship or with salvage operations, and consequential loss resulting therefrom;
(b) claims in respect of loss resulting from delay in the carriage by sea of
cargo, passengers or their luggage;
(c) claims in respect of other loss resulting from infringement of rights
other than contractual rights, occurring in direct connexion with the operation
of the ship or salvage operations;
(d) claims in respect of the raising, removal, destruction or the rendering
harmless of a ship which is sunk, wrecked, stranded or abandoned, including
anything that is or has been on board such ship;
(e) claims in respect of the removal, destruction or the rendering harmless
of the cargo of the ship;
(f) claims of a person other than the person liable in respect of measures
taken in order to avert or minimize loss for which the person liable may limit
his liability in accordance with this Convention, and further loss caused by
such measures.
2. Claims set out in paragraph 1 shall be subject to limitation of liability
even if brought by way of recourse or for indemnity under a contract or
otherwise. However, claims set out under paragraph 1 (d), (e) and (f) shall not
be subject to limitation of liability to the extent that they relate to
remuneration under a contract with the person liable.
Article 3
Claims excepted from limitation
The rules of this Convention shall not apply to:
(a) claims for salvage or contribution in general average;
(b) claims for oil pollution damage within the meaning of the International
Convention on Civil Liability for Oil Pollution Damage, dated 29 November 1969
or of any amendment or Protocol thereto which is in force;
(c) claims subject to any international convention or national legislation
governing or prohibiting limitation of liability for nuclear damage;
(d) claims against the shipowner of a nuclear ship for nuclear damage;
(e) claims by servants of the shipowner or salvor whose duties are connected
with the ship or the salvage operations, including claims of their heirs,
dependants or other persons entitled to make such claims, if under the law
governing the contract of service between the shipowner or salvor and such
servants the shipowner or salvor is not entitled to limit his liability in
respect of such claims, or if he is by such law only permitted to limit his
liability to an amount greater than that provided for in Article 6.
Article 4
Conduct barring limitation

A person liable shall not be entitled to limit his liability if it is proved
that the loss resulted from his personal act or omission, committed with the
intent to cause such loss, or recklessly and with knowledge that such loss would probably result.
Article 5
Counterclaims
Where a person entitled to limitation of liability under the rules of this
Convention has a claim against the claimant arising out of the same occurrence,
their respective claims shall be set off against each other and the provisions
of this Convention shall only apply to the balance, if any.
CHAPTER II. LIMITS OF LIABILITY
Article 6
The general limits
1. The limits of liability for claims other than those mentioned in Article 7, arising on any distinct occasion, shall be calculated as follows:
(a) in respect of claims for loss of life or personal injury,
(i) 333,000 Units of Account for a ship with a tonnage not exceeding

Back to Top

500
tons,
(ii) for a ship with a tonnage in excess thereof, the following amount in
addition to that mentioned in (i):
for each ton from 501 to 3,000 tons, 500 Units of Account;
for each ton from 3,001 to 30,000 tons, 333 Units of Account;
for each ton from 30,001 to 70,000 tons, 250 Units of Account; and
for each ton in excess of 70,000 tons, 167 Units of Account,
(b) in respect of any other claims,
(i) 167,000 Units of Account for a ship with a tonnage not exceeding 500
tons,
(ii) for a ship with a tonnage in excess thereof the following amount in
addition to that mentioned in (i):
for each ton from 501 to 30,000 tons, 167 Units of Account;
for each ton from 30,001 to 70,000 tons, 125 Units of Account; and
for each ton in excess of 70,000 tons, 83 Units of Account.
Limitation of Liability for Maritime Claims No. , 1989
Limitation of Liability for Maritime Claims No. , 1989
Limitation of Liability for Maritime Claims No. , 1989

2. Where the amount calculated in accordance with paragraph 1 (a) is
insufficient to pay the claims mentioned therein in full, the amount calculated
in accordance with paragraph 1 (b) shall be available for payment of the unpaid
balance of claims under paragraph 1 (a) and such unpaid balance shall rank
rateably with claims mentioned under paragraph 1 (b).
3. However, without prejudice to the right of claims for loss of life or
personal injury according to paragraph 2, a State Party may provide in its
national law that claims in respect of damage to harbour works, basins and
waterways and aids to navigation shall have such priority over other claims
under paragraph 1 (b) as is provided by that law.
4. The limits of liability for any salvor not operating from any ship or for any salvor operating solely on the ship to, or in respect of which he is rendering
salvage services, shall be calculated according to a tonnage of 1,500 tons.
5. For the purpose of this Convention the ship's tonnage shall be the gross
tonnage calculated in accordance with the tonnage measurement rules contained in Annex I of the International Convention on Tonnage Measurement of Ships, 1969.
Article 7
The limit for passenger claims

1. In respect of claims arising on any distinct occasion for loss of life or
personal injury to passengers of a ship, the limit of liability of the shipowner thereof shall be an amount of 46,666 Units of Account multiplied by the number
of passengers which the ship is authorized to carry according to the ship's
certificate, but not exceeding 25 million Units of Account.
2. For the purpose of this Article "claims for loss of life or personal injury
to passengers of a ship" shall mean any such claims brought by or on behalf of
any person carried in that ship:
(a) under a contract of passenger carriage, or
(b) who, with the consent of the carrier, is accompanying a vehicle or live
animals which are covered by a contract for the carriage of goods.
Article 8
Unit of Account
1. The Unit of Account referred to in Articles 6 and 7 is the Special Drawing
Right as defined by the International Monetary Fund. The amounts mentioned in
Articles 6 and 7 shall be converted into the national currency of the State in
which limitation is sought, according to the value of that currency at the date
the limitation fund shall have been constituted, payment is made, or security is given which under the law of that State is equivalent to such payment. The value of a national currency in terms of the Special Drawing Right, of a State Party
which is a member of the International Monetary Fund, shall be calculated in
accordance with the method of valuation applied by the International Monetary
Fund in effect at the date in question for its operations and transactions. The
value of a national currency in terms of the Special Drawing Right, of a State
Party which is not a member of the International Monetary Fund, shall be
calculated in a manner determined by that State Party.
2. Nevertheless, those States which are not members of the International

Back to Top

Monetary Fund and whose law does not permit the application of the provisions of paragraph 1 may, at the time of signature without reservation as to
ratification, acceptance or approval or at the time of ratification, acceptance, approval or accession or at any time thereafter, declare that the limits of
liability provided for in this Convention to be applied in their territories
shall be fixed as follows:
(a) in respect of Article 6, paragraph 1 (a) at an amount of:
(i) 5 million monetary units for a ship with a tonnage not exceeding 500
tons;
(ii) for a ship with a tonnage in excess thereof, the following amount in
addition to that mentioned in (i):
for each ton from 501 to 3,000 tons, 7,500 monetary units;
for each ton from 3,001 to 30,000 tons, 5,000 monetary units;
for each ton from 30,001 to 70,000 tons, 3,750 monetary units; and
for each ton in excess of 70,000 tons, 2,500 monetary units; and
(b) in respect of Article 6, paragraph 1 (b), at an amount of:
(i) 2.5 million monetary units for a ship with a tonnage not exceeding
500 tons;
(ii) for a ship with a tonnage in excess thereof, the following amount in
addition to that mentioned in (i):
for each ton from 501 to 30,000 tons, 2,500 monetary units;
for each ton from 30,001 to 70,000 tons, 1,850 monetary units; and
for each ton in excess of 70,000 tons, 1,250 monetary units; and
(c) in respect of Article 7, paragraph 1, at an amount of 700,000 monetary
units multiplied by the number of passengers which the ship is authorized to
carry according to its certificate, but not exceeding 375 million monetary
units.
Paragraphs 2 and 3 of Article 6 apply correspondingly to sub-paragraphs (a) and
(b) of this paragraph.

3. The monetary unit referred to in paragraph 2 corresponds to sixty-five and a
half milligrammes of gold of millesimal fineness nine hundred. The conversion of the amounts referred to in paragraph 2 into the national currency shall be made
according to the law of the State concerned.
4. The calculation mentioned in the last sentence of paragraph 1 and the
conversion mentioned in paragraph 3 shall be made in such a manner as to express in the national currency of the State Party as far as possible the same real
value for the amounts in Articles 6 and 7 as is expressed there in units of
account. States Parties shall communicate to the depositary the manner of
calculation pursuant to paragraph 1, or the result of the conversion in
paragraph 3, as the case may be, at the time of the signature without
reservation as to ratification, acceptance or approval, or when depositing an
instrument referred to in Article 16 and whenever there is a change in either.
Article 9
Aggregation of claims
1. The limits of liability determined in accordance with Article 6 shall apply
to the aggregate of all claims which arise on any distinct occasion:
(a) against the person or persons mentioned in paragraph 2 of Article 1 and
any person for whose act, neglect or default he or they are responsible; or
(b) against the shipowner of a ship rendering salvage services from that ship and the salvor or salvors operating from such ship and any person for whose act, neglect or default he or they are responsible; or
(c) against the salvor or salvors who are not operating from a ship or who
are operating solely on the ship to, or in respect of which, the salvage
services are rendered and any person for whose act, neglect or default he or
they are responsible.
2. The limits of liability determined in accordance with Article 7 shall apply
to the aggregate of all claims subject thereto which may arise on any distinct
occasion against the person or persons mentioned in paragraph 2 of Article 1 in
respect of the ship referred to in Article 7 and any person for whose act,
neglect or default he or they are responsible.
Article 10
Limitation of liability without constitution of a limitation fund
1. Limitation of liability may be invoked notwithstanding that a limitation fund as mentioned in Article 11 has not been constituted. However, a State Party may
provide in its national law that, where an action is brought in its Courts to

Back to Top

enforce a claim subject to limitation, a person liable may only invoke the right to limit liability if a limitation fund has been constituted in accordance with
the provisions of this Convention or is constituted when the right to limit
liability is invoked.
2. If limitation of liability is invoked without the constitution of a
limitation fund, the provisions of Article 12 shall apply correspondingly.
3. Questions of procedure arising under the rules of this Article shall be
decided in accordance with the national law of the State Party in which action
is brought.
CHAPTER III. THE LIMITATION FUND
Article 11
Constitution of the fund
1. Any person alleged to be liable may constitute a fund with the Court or other competent authority in any State Party in which legal proceedings are instituted in respect of claims subject to limitation. The fund shall be constituted in the sum of such of the amounts set out in Articles 6 and 7 as are applicable to
claims for which that person may be liable, together with interest thereon from
the date of the occurrence giving rise to the liability until the date of the
constitution of the fund. Any fund thus constituted shall be available only for
the payment of claims in respect of which limitation of liability can be
invoked.

2. A fund may be constituted, either by depositing the sum, or by producing a
guarantee acceptable under the legislation of the State Party where the fund is
constituted and considered to be adequate by the Court or other competent
authority.
3. A fund constituted by one of the persons mentioned in paragraph 1 (a), (b) or (c) or paragraph 2 of Article 9 or his insurer shall be deemed constituted by
all persons mentioned in paragraph 1 (a), (b) or (c) or paragraph 2,
respectively.
Article 12
Distribution of the fund
1. Subject to the provisions of paragraphs 1, 2 and 3 of Article 6 and of
Article 7, the fund shall be distributed among the claimants in proportion to
their established claims against the fund.
2. If, before the fund is distributed, the person liable, or his insurer, has
settled a claim against the fund such person shall, up to the amount he has
paid, acquire by subrogation the rights which the person so compensated would
have enjoyed under this Convention.
3. The right of subrogation provided for in paragraph 2 may also be exercised by persons other than those therein mentioned in respect of any amount of
compensation which they may have paid, but only to the extent that such
subrogation is permitted under the applicable national law.
4. Where the person liable or any other person establishes that he may be
compelled to pay, at a later date, in whole or in part any such amount of
compensation with regard to which such person would have enjoyed a right of
subrogation pursuant to paragraphs 2 and 3 had the compensation been paid before the fund was distributed, the Court or other competent authority of the State
where the fund has been constituted may order that a sufficient sum shall be
provisionally set aside to enable such person at such later date to enforce his
claim against the fund.
Article 13
Bar to other actions
1. Where a limitation fund has been constituted in accordance with Article 11,
any person having made a claim against the fund shall be barred from exercising
any right in respect of such claim against any other assets of a person by or on behalf of whom the fund has been constituted.
2. After a limitation fund has been constituted in accordance with Article 11,
any ship or other property, belonging to a person on behalf of whom the fund has been constituted, which has been arrested or attached within the jurisdiction of a State Party for a claim which may be raised against the fund, or any security
given, may be released by order of the Court or other competent authority of
such State. However, such release shall always be ordered if the limitation fund has been constituted:
(a) at the port where the occurrence took place, or, if it took place out of
port, at the first port of call thereafter; or
(b) at the port of disembarkation in respect of claims for loss of life or

Back to Top

personal injury; or
(c) at the port of discharge in respect of damage to cargo; or
(d) in the State where the arrest is made.
3. The rules of paragraphs 1 and 2 shall apply only if the claimant may bring a claim against the limitation fund before the Court administering that fund and
the fund is actually available and freely transferable in respect of that claim. Article 14
Governing law
Subject to the provisions of this Chapter the rules relating to the
constitution and distribution of a limitation fund, and all rules of procedure
in connexion therewith, shall be governed by the law of the State Party in which the fund is constituted.
CHAPTER IV. SCOPE OF APPLICATION
Article 15

1. This Convention shall apply whenever any person referred to in Article 1
seeks to limit his liability before the Court of a State Party or seeks to
procure the release of a ship or other property or the discharge of any security given within the jurisdiction of any such State. Nevertheless, each State Party
may exclude wholly or partially from the application of this Convention any
person referred to in Article 1 who at the time when the rules of this
Convention are invoked before the Courts of that State does not have his
habitual residence in a State Party or does not have his principal place of
business in a State Party or any ship in relation to which the right of
limitation is invoked or whose release is sought and which does not at the time
specified above fly the flag of a State Party.
2. A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to vessels which are:
(a) according to the law of that State, ships intended for navigation on
inland waterways;
(b) ships of less than 300 tons.
A State Party which makes use of the option provided for in this paragraph shall inform the depositary of the limits of liability adopted in its national
legislation or of the fact that there are none.
3. A State Party may regulate by specific provisions of national law the system of limitation of liability to be applied to claims arising in cases in which
interests of persons who are nationals of other States Parties are in no way
involved.
4. The Courts of a State Party shall not apply this Convention to ships
constructed for, or adapted to, and engaged in, drilling:
(a) when that State has established under its national legislation a higher
limit of liability than that otherwise provided for in Article 6; or
(b) when that State has become party to an international convention
regulating the system of liability in respect of such ships.
In a case to which sub-paragraph (a) applies that State Party shall inform the
depositary accordingly.
5. This Convention shall not apply to:
(a) air-cushion vehicles;
(b) floating platforms constructed for the purpose of exploring or exploiting the natural resources of the sea-bed or the subsoil thereof.
CHAPTER V. FINAL CLAUSES
Article 16
Signature, ratification and accession
1. This Convention shall be open for signature by all States at the
Headquarters of the Inter-Governmental Maritime Consultative Organization
(hereinafter referred to as "the Organization") from 1 February 1977 until 31
December 1977 and shall thereafter remain open for accession.
2. All States may become parties to this Convention by:
(a) signature without reservation as to ratification, acceptance or approval; or
(b) signature subject to ratification, acceptance or approval followed by
ratification, acceptance or approval; or
(c) accession.
3. Ratification, acceptance, approval or accession shall be effected by the
deposit of a formal instrument to that effect with the Secretary-General of the
Organization (hereinafter referred to as "the Secretary-General").
Article 17
Entry into force
1. This Convention shall enter into force on the first day of the month
following one year after the date on which twelve States have either signed it
without reservation as to ratification, acceptance or approval or have

Back to Top

deposited the requisite instruments of ratification, acceptance, approval or accession.
2. For a State which deposits an instrument of ratification, acceptance,
approval or accession, or signs without reservation as to ratification,
acceptance or approval, in respect of this Convention after the requirements for entry into force have been met but prior to the date of entry into force, the
ratification, acceptance, approval or accession or the signature without
reservation as to ratification, acceptance or approval, shall take effect on the date of entry into force of the Convention or on the first day of the month
following the ninetieth day after the date of the signature or the deposit of
the instrument, whichever is the later date.

3. For any State which subsequently becomes a Party to this Convention, the
Convention shall enter into force on the first day of the month following the
expiration of ninety days after the date when such State deposited its
instrument.
4. In respect of the relations between States which ratify, accept, or approve
this Convention or accede to it, this Convention shall replace and abrogate the
International Convention relating to the Limitation of the Liability of Owners
of Sea-going Ships, done at Brussels on 10 October 1957, and the International
Convention for the Unification of certain Rules relating to the Limitation of
Liability of the Owners of Sea-going Vessels, signed at Brussels on 25 August
1924.
Article 18
Reservations
1. Any State may, at the time of signature, ratification, acceptance, approval
or accession, reserve the right to exclude the application of Article 2
paragraph 1 (d) and (e). No other reservations shall be admissible to the
substantive provisions of this Convention.
2. Reservations made at the time of signature are subject to confirmation upon
ratification, acceptance or approval.
3. Any State which has made a reservation to this Convention may withdraw it at any time by means of a notification addressed to the Secretary-General. Such
withdrawal shall take effect on the date the notification is received. If the
notification states that the withdrawal of a reservation is to take effect on a
date specified therein, and such date is later than the date the notification is received by the Secretary-General, the withdrawal shall take effect on such
later date.
Article 19
Denunciation
1. This Convention may be denounced by a State Party at any time after one year from the date on which the Convention entered into force for that Party.
2. Denunciation shall be effected by the deposit of an instrument with the
Secretary-General.
3. Denunciation shall take effect on the first day of the month following the
expiration of one year after the date of deposit of the instrument, or after
such longer period as may be specified in the instrument.
Article 20
Revision and amendment
1. A Conference for the purpose of revising or amending this Convention may be
convened by the Organization.
2. The Organization shall convene a Conference of the States Parties to this
Convention for revising or amending it at the request of not less than one-third of the Parties.
3. After the date of the entry into force of an amendment to this Convention,
any instrument of ratification, acceptance, approval or accession deposited
shall be deemed to apply to the Convention as amended, unless a contrary
intention is expressed in the instrument.
Article 21
Revision of the limitation amounts and
of Unit of Account or monetary unit

1. Notwithstanding the provisions of Article 20, a Conference only for the
purposes of altering the amounts specified in Articles 6 and 7 and in Article 8, paragraph 2, or of substituting either or both of the Units defined in Article
8, paragraphs 1 and 2, by other units shall be convened by the Organization in

Back to Top

accordance with paragraphs 2 and 3 of this Article. An alteration of the amounts shall be made only because of a significant change in their real value.
2. The Organization shall convene such a Conference at the request of not less
than one fourth of the States Parties.
3. A decision to alter the amounts or to substitute the Units by other units of account shall be taken by a two-thirds majority of the States Parties present
and voting in such Conference.
4. Any State depositing its instrument of ratification, acceptance, approval or accession to the Convention, after entry into force of an amendment, shall apply the Convention as amended.
Article 22
Depositary
1. This Convention shall be deposited with the Secretary-General.
2. The Secretary-General shall:
(a) transmit certified true copies of this Convention to all States which
were invited to attend the Conference on Limitation of Liability for Maritime
Claims and to any other States which accede to this Convention;
(b) inform all States which have signed or acceded to this Convention of:
(i) each new signature and each deposit of an instrument and any
reservation thereto together with the date thereof;
(ii) the date of entry into force of this Convention or any amendment
thereto;
(iii) any denunciation of this Convention and the date on which it takes
effect;
(iv) any amendment adopted in conformity with Articles 20 or 21;
(v) any communication called for by any Article of this Convention.
3. Upon entry into force of this Convention, a certified true copy thereof
shall be transmitted by the Secretary-General to the Secretariat of the United
Nations for registration and publication in accordance with Article 102 of the
Charter of the United Nations.
Article 23
Languages
This Convention is established in a single original in the English, French,
Russian and Spanish languages, each text being equally authentic.
DONE AT LONDON this nineteenth day of November one thousand nine hundred and
seventy-six.
IN WITNESS WHEREOF the undersigned being duly authorized for that purpose have signed this Convention.

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SCHEDULE 2

SCHEDULE 2
Section 12 AMENDMENTS OF THE ADMIRALTY ACT 1988
Subsection 3 (1) (definition of "Limitation Convention"):
Omit the definition, substitute the following definition:
" 'Limitation Convention' means the Convention on Limitation of Liability for
Maritime Claims, 1976, being the Convention a copy of whose English text is set
out in Schedule 1 to the Limitation of Liability for Maritime Claims Act
1989;".
Subsection 3 (1) (paragraph (b) of the definition of "limitation proceeding"):
Omit the paragraph, substitute the following paragraph:
"(b) section 9 of the Limitation of Liability for Maritime Claims Act 1989;
or".

LIMITATION OF LIABILITY FOR MARITIME CLAIMS ACT 1989 No. 151 of 1989 - SCHEDULE 3

SCHEDULE 3
Section 13 AMENDMENTS OF THE NAVIGATION ACT 1912
Section 59B:
Repeal the section, substitute the following section:
Shipowner not entitled to limit liability in respect of certain claims
"59B. (1) In this section:
'Convention' means the Convention on Limitation of Liability for Maritime
Claims, 1976, being the Convention a copy of whose English text is set out in
Schedule 1 to the Limitation of Liability for Maritime Claims Act 1989.
"(2) The owner of a ship is not entitled to limit his, her or its liability
in respect of any claim of a kind specified in paragraph (1) (a) of Article 2 of the Convention made by:
(a) a servant of the owner whose duties are connected with the ship; or
(b) any heir or dependant of the servant or any other person who is, within
the meaning of paragraph (e) of Article 3 of the Convention, a person entitled
to make such a claim.".
Heading to Part VIII:
Omit "LIMITATION AND".
Division 1 of Part VIII:
Repeal the Division.
Schedules 6 and 6A:
Repeal the Schedules.