In 1991 Australia gave effect to the Hague-Visby Rules by repealing the Sea Carriage of Goods Act 1924 and replacing it with the Carriage of Goods by Sea Act 1991, which contained two schedules. Schedule 1 was the Amended Hague Rules [i.e., the Hague Rules as amended by the Hague-Visby Rules] and Schedule 2 was the Hamburg Rules. The Carriage of Goods by Sea Act contained a provision which automatically brought into force the Hamburg Rules, to replace the Hague-Visby Rules, in late 1994, unless steps were taken to delay their entry into force. Steps were taken in late 1994 to delay, for a further three years, the coming into force of the Hamburg Rules.

In a commendable attempt to seek the views of industry, the Department of Transport had published an Issues Paper in December 1993 and participated in early 1994 in an industry forum at which the arguments for and against the Hamburg Rules were canvassed. Having stopped the trigger from bringing into effect the Hamburg Rules in late 1994, the Department convened a meeting of interested industry representatives in early 1995 in an endeavour to commence a process by which any common ground between those who wished to retain the status quo and those who wished the Hamburg Rules to be implemented could be identified. As a result of that meeting a committee was formed which then met on about six occasions under the chairmanship of a representative from the Department. That committee produced a Report in September 1995 which was then discussed at another industry meeting in October 1995. A “Package Endorsed by Industry” was there agreed upon, based upon the committee’s Report.

Section 1 of the “Package” contained six areas in which it was felt that reform could take place without unduly changing the Hague-Visby regime or violating Australia’s international obligations and generally maintaining a position which was not dissimilar to