2008 The Parliament of the Commonwealth of Australia HOUSE OF REPRESENTATIVES Presented and read a first time Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Bill 2008 No. , 2008 (Infrastructure, Transport, Regional Development and Local Government) A Bill for an Act to amend the law relating to aviation, and for related purposes [Page Break] 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 1 3 Schedule(s) ........................................................................................ 3 Schedule 1--International airline licences 4 Part 1--Main amendments 4 Air Navigation Act 1920 4 Part 2--Consequential amendments 8 Adelaide Airport Curfew Act 2000 8 Aircraft Noise Levy Collection Act 1995 8 Civil Aviation Act 1988 8 Part 3--Application and transitional provisions 9 Schedule 2--Carriers' liability insurance 11 Part 1--Main amendments 11 Division 1--Amendments 11 Civil Aviation Act 1988 11 Civil Aviation (Carriers' Liability) Act 1959 17 Division 2--Application and saving provisions 21 Part 2--Amendments conditional on the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 23 Civil Aviation Act 1988 23 Civil Aviation (Carriers' Liability) Act 1959 23 Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 23 [Page Break] 2 aviation, and for related purposes 3 The Parliament of Australia enacts: 4 1 Short title 5 This Act may be cited as the Aviation Legislation Amendment 6 (International Airline Licences and Carriers' Liability Insurance) 7 Act 2008. 8 2 Commencement 9 (1) Each provision of this Act specified in column 1 of the table 10 commences, or is taken to have commenced, in accordance with 11 column 2 of the table. Any other statement in column 2 has effect 12 according to its terms. 13 Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Bill 2008 No. , 2008 1 [Page Break] Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day on which this Act receives the and anything in Royal Assent. this Act not elsewhere covered by this table 2. Schedule 1 A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 3. Schedule 2, A single day to be fixed by Proclamation. Part 1 However, if any of the provision(s) do not commence within the period of 6 months beginning on the day on which this Act receives the Royal Assent, they commence on the first day after the end of that period. 4. Schedule 2, The later of: items 51, 52 and (a) immediately after the commencement of 53 the provision(s) covered by table item 3; and (b) the commencement of Schedule 1 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008. However, the provision(s) covered by this table item do not commence at all if the event mentioned in paragraph (b) does not occur. 5. Schedule 2, Immediately before the commencement of item 54 Schedule 1 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008. However, if that Schedule commences before the provision(s) covered by table item 3, the provision(s) covered by this table item do not commence at all. [Page Break] 2 passed by both Houses of the Parliament and assented to. It will not be 3 expanded to deal with provisions inserted in this Act after assent. 4 (2) Column 3 of the table contains additional information that is not 5 part of this Act. Information in this column may be added to or 6 edited in any published version of this Act. 7 3 Schedule(s) 8 Each Act that is specified in a Schedule to this Act is amended or 9 repealed as set out in the applicable items in the Schedule 10 concerned, and any other item in a Schedule to this Act has effect 11 according to its terms. [Page Break] 2 Schedule 1--International airline licences 3 Part 1--Main amendments 4 Air Navigation Act 1920 5 1 Subsection 3(1) (definition of aircraft operator or operator) 6 Repeal the definition. 7 2 Subsection 3(1) (definition of airport) 8 Repeal the definition. 9 3 Subsection 3(1) (definition of air service) 10 Repeal the definition. 11 4 Subsection 3(1) (definition of baggage) 12 Repeal the definition. 13 5 Subsection 3(1) (definition of charter operation) 14 Repeal the definition. 15 6 Subsection 3(1) (definition of international air service) 16 Repeal the definition. 17 7 Subsection 3(1) (definition of non-scheduled flight) 18 Omit "issued", substitute "granted". 19 8 Subsection 3(1) (definition of regular public transport 20 operation) 21 Repeal the definition. 22 9 Subsection 3(1) (definition of thing) 23 Repeal the definition. 24 10 Subsection 3(1) (definition of threaten) 25 Repeal the definition. [Page Break] 2 Repeal the sections. 3 12 Subsection 11(1) 4 Omit "(1)". 5 13 Subsection 11(1) 6 Omit "conducted", substitute "operated". 7 14 Subsection 11(2) 8 Repeal the subsection. 9 15 Subsection 12(1) 10 Omit "Subject to subsection (1B), an international airline shall", 11 substitute "Subject to subsections (2) and (3), an international airline 12 must". 13 Note: The heading to section 12 is replaced by the heading "Requirement to hold 14 international airline licence". 15 16 Subsection 12(1) 16 Omit "issued", substitute "granted". 17 17 Subsection 12(1A) 18 Omit "If an aircraft is flown in contravention of subsection (1), the 19 operator of the aircraft is guilty of", substitute "If an international 20 airline contravenes subsection (1), the airline commits". 21 18 Subsection 12(1AA) 22 Omit "operator", substitute "international airline". 23 19 Subsections 12(1B), (2) and (3) 24 Repeal the subsections, substitute: 25 (2) Subsection (1) does not apply to a scheduled international air 26 service if it is operated in accordance with a permission under 27 section 15D. 28 (3) The Secretary may, by legislative instrument, determine that 29 subsection (1) does not apply in relation to a category of scheduled 30 international air services. The determination has effect accordingly. [Page Break] 2 (a) an international airline may operate a scheduled international 3 air service even if it does not operate the aircraft used to 4 operate the service; and 5 (b) an international airline does not operate a scheduled 6 international air service merely because it operates the 7 aircraft used to operate the service. 8 20 Section 13 9 Repeal the section, substitute: 10 13 Licensing of scheduled international air services 11 (1) Without limiting section 26, the regulations may provide for or in 12 relation to the licensing of scheduled international air services 13 operated over, into or out of Australian territory. 14 (2) In particular, the regulations may provide for or in relation to the 15 following: 16 (a) the granting of international airline licences by the Secretary; 17 (b) the imposition of conditions on international airline licences 18 by the Secretary; 19 (c) the variation, suspension and cancellation of international 20 airline licences by the Secretary; 21 (d) the surrender to the Secretary of international airline licences. 22 (3) An international airline licence must not be granted to an 23 international airline of a country other than Australia unless that 24 country and Australia are parties to: 25 (a) the Air Transit Agreement; or 26 (b) some other agreement or arrangement, whether bilateral or 27 multilateral, under which scheduled international air services 28 of that other country may, subject to the agreement or 29 arrangement, be operated over or into Australian territory. 30 (4) Subsection (3) does not limit subsection 12(3). 31 21 Section 18 32 Omit "subsections 15A(3) and 17(1B)", substitute "subsection 12(3), 33 15A(3) or 17(1B)". [Page Break] 2 Insert: 3 (aa) to do any of the following under the regulations: 4 (i) refuse to grant an international airline licence; 5 (ii) impose a condition on an international airline licence; 6 (iii) vary, refuse to vary, suspend or cancel an international 7 airline licence; or [Page Break] 2 Part 2--Consequential amendments 3 Adelaide Airport Curfew Act 2000 4 23 Subparagraph 3(2)(b)(i) 5 Omit "section 12 of", substitute "regulations made under". 6 Aircraft Noise Levy Collection Act 1995 7 24 Section 4 (cell at table item 3, column headed "Source of 8 authority for operation of the aircraft") 9 Omit "issued", substitute "granted". 10 Civil Aviation Act 1988 11 25 Paragraph 26(2)(b) 12 Omit "issued", substitute "granted". [Page Break] 2 Part 3--Application and transitional provisions 3 26 Pre-commencement licences 4 (1) Despite the amendments made by this Schedule, the old law continues 5 to apply in relation to the operation of a scheduled international air 6 service in respect of which an international airline licence was in force 7 immediately before the commencement time. 8 (2) Subitem (1) has effect in relation to the operation of the service until 9 whichever of the following first occurs: 10 (a) the international airline licence is surrendered or cancelled in 11 accordance with the old law as it continues to apply under 12 subitem (1); 13 (b) an international airline licence is granted, in respect of the 14 operation of the service, under regulations made under the 15 Air Navigation Act 1920 as in force at or after the 16 commencement time; 17 (c) the international airline licence is cancelled under 18 subitem (3). 19 (3) If the international airline licence is not surrendered or cancelled as 20 mentioned in paragraph (2)(a) of this item, it is cancelled, by force of 21 this subitem, when whichever of the following first occurs: 22 (a) an international airline licence is granted in respect of the 23 operation of the service as mentioned in paragraph (2)(b) of 24 this item; 25 (b) the period of 6 months beginning at the commencement time 26 ends. 27 (4) The Minister may, by legislative instrument, determine that the period 28 mentioned in paragraph (3)(b) of this item is extended for a specified 29 licence by the period, not exceeding 2 months, specified in the 30 determination. The Minister cannot extend the period for a particular 31 licence more than once. 32 (5) A determination under subitem (4) has effect accordingly. 33 (6) In this item: 34 commencement time means the time when this Schedule commences. [Page Break] 2 (a) an Act amended by this Schedule, as in force immediately 3 before the commencement time; and 4 (b) regulations, as in force from time to time, made under such 5 an Act, as in force immediately before the commencement 6 time. 7 27 Constitutional safety net--acquisition of property 8 (1) If the operation of this Part would result in an acquisition of property 9 from a person otherwise than on just terms, the Commonwealth is liable 10 to pay a reasonable amount of compensation to the person. 11 (2) If the Commonwealth and the person do not agree on the amount of the 12 compensation, the person may institute proceedings in the Federal Court 13 of Australia for the recovery from the Commonwealth of such 14 reasonable amount of compensation as the court determines. 15 (3) In this item: 16 acquisition of property has the same meaning as in paragraph 51(xxxi) 17 of the Constitution. 18 just terms has the same meaning as in paragraph 51(xxxi) of the 19 Constitution. [Page Break] 2 Schedule 2--Carriers' liability insurance 3 Part 1--Main amendments 4 Division 1--Amendments 5 Civil Aviation Act 1988 6 1 Subsection 3(1) 7 Insert: 8 commercial presence means any type of business or professional 9 establishment. 10 Example: A person can have a commercial presence through the creation or 11 maintenance of a branch or representative office. 12 2 Subsection 3(1) 13 Insert: 14 constitutional corporation means: 15 (a) a corporation to which paragraph 51(xx) of the Constitution 16 applies; or 17 (b) a body corporate that is incorporated in a Territory. 18 3 Subsection 3(1) 19 Insert: 20 safety rules, in relation to a permission or AOC, means the 21 provisions of this Act, the regulations and the Civil Aviation 22 Orders that relate to safety (including rules about the competence 23 of persons to do anything that would be covered by the permission 24 or AOC). 25 4 After paragraph 9(3)(b) 26 Insert: 27 (ba) enforcing the requirements of this Act and the regulations in 28 relation to insurance and financial arrangements required 29 under Part IVA of the Civil Aviation (Carriers' Liability) Act 30 1959; [Page Break] 2 Repeal the section. 3 6 Subsections 25(2) and (3) 4 Omit "specified in the permission", substitute "to which the permission 5 is subject". 6 Note 1: The following heading to subsection 25(1) is inserted "Directions". 7 Note 2: The following heading to subsection 25(2) is inserted "Permissions". 8 7 At the end of section 25 9 Add: 10 (4) If a person applies to CASA for a permission under subsection (2) 11 or (3), CASA must grant the permission if CASA is satisfied that 12 the person has complied with, or is capable of complying with: 13 (a) if the person does not have a commercial presence in 14 Australia--the condition referred to in paragraph (5)(a) (if 15 applicable); and 16 (b) in any case--the safety rules. 17 Permissions--conditions 18 (5) A permission granted under subsection (2) or (3) is subject to: 19 (a) the condition that section 41E of the Civil Aviation (Carriers' 20 Liability) Act 1959 (which deals with personal injury liability 21 insurance) is complied with (if applicable); and 22 (b) any conditions specified in the permission. 23 (6) CASA must not do either of the following, except to ensure 24 compliance with the safety rules: 25 (a) specify a condition under paragraph (5)(b); 26 (b) vary a condition specified under paragraph (5)(b). 27 Permissions--suspension and cancellation 28 (7) CASA must not suspend or cancel a permission granted under 29 subsection (2) or (3), except: 30 (a) if the condition referred to in paragraph (5)(a) is breached; or 31 (b) to ensure compliance with the safety rules. [Page Break] 2 Omit "specified in the permission", substitute "to which the permission 3 is subject". 4 Note: The following heading to subsection 26(1) is inserted "Permissions". 5 9 Paragraph 26(2)(c) 6 Omit "given under subsection 25(3) and any conditions specified in the 7 permission", substitute "granted under subsection 25(3) and any 8 conditions to which the permission is subject". 9 10 At the end of section 26 10 Add: 11 (3) If a person applies to CASA for a permission under this section, 12 CASA must grant the permission if CASA is satisfied that the 13 person has complied with, or is capable of complying with: 14 (a) if the person does not have a commercial presence in 15 Australia--the condition referred to in paragraph (4)(a) (if 16 applicable); and 17 (b) in any case--the safety rules. 18 Permissions--conditions 19 (4) A permission granted under this section is subject to: 20 (a) the condition that section 41E of the Civil Aviation (Carriers' 21 Liability) Act 1959 (which deals with personal injury liability 22 insurance) is complied with (if applicable); and 23 (b) any conditions specified in the permission. 24 (5) CASA must not do either of the following, except to ensure 25 compliance with the safety rules: 26 (a) specify a condition under paragraph (4)(b); 27 (b) vary a condition specified under paragraph (4)(b). 28 Permissions--suspension and cancellation 29 (6) CASA must not suspend or cancel a permission granted under this 30 section, except: 31 (a) if the condition referred to in paragraph (4)(a) is breached; or 32 (b) to ensure compliance with the safety rules. [Page Break] 2 Repeal the paragraph, substitute: 3 (c) are reasonably required by CASA: 4 (i) to properly consider the application; or 5 (ii) to ensure that section 28BI (which deals with personal 6 injury liability insurance) is complied with in relation to 7 an operation, which would be covered by the AOC, to 8 which that section applies; or 9 (iii) in accordance with the regulations (if any) referred to in 10 paragraph 98(3)(b). 11 12 Section 27AF 12 Before "CASA may", insert "(1)". 13 13 At the end of section 27AF 14 Add: 15 (2) If the applicant is not a constitutional corporation, subsection (1) 16 applies, in relation to a requirement that relates to an acceptable 17 contract of insurance or adequate financial arrangements (within 18 the meaning of Part IVA of the Civil Aviation (Carriers' Liability) 19 Act 1959), to the extent that the application relates to carriage by 20 air covered by Part II, III or IV of that Act. 21 14 Subsection 27A(2) 22 Repeal the subsection, substitute: 23 (2) CASA may only grant the permission if it is satisfied: 24 (a) if the person does not have a commercial presence in 25 Australia--that the person has complied with, or is capable 26 of complying with, the condition referred to in 27 paragraph (4)(a) (if applicable); and 28 (b) in any case--that to do so will not adversely affect the safety 29 of air navigation. 30 Note: The following heading to subsection 27A(1) is inserted "Granting permission". 31 15 Subsection 27A(4) 32 Repeal the subsection, substitute: [Page Break] 2 (4) A permission granted under this section has effect subject to: 3 (a) the condition that section 41E of the Civil Aviation (Carriers' 4 Liability) Act 1959 (which deals with personal injury liability 5 insurance) is complied with (if applicable); and 6 (b) any conditions relating to the operation, maintenance and 7 airworthiness of the aircraft covered by the permission: 8 (i) that CASA considers necessary in the interests of the 9 safety of air navigation; and 10 (ii) that are specified by CASA in the permission. 11 16 Subsection 27A(5) 12 After "the conditions", insert "(other than the condition referred to in 13 paragraph (4)(a))". 14 17 Subsection 27A(6) 15 Repeal the subsection, substitute: 16 Cancellation 17 (6) CASA may, by oral or written notice given to the holder of a 18 permission granted under this section, cancel the permission if: 19 (a) the condition referred to in paragraph (4)(a) is breached; or 20 (b) CASA considers it necessary to do so in the interests of the 21 safety of air navigation. 22 18 Paragraph 28(1)(a) 23 Omit all the words after "capable of complying with,", substitute "the 24 safety rules; and". 25 19 Paragraph 28BA(1)(a) 26 Omit ", 28BH and 28BI", substitute "and 28BH". 27 20 After paragraph 28BA(1)(aa) 28 Insert: 29 (ab) the condition that section 28BI is complied with in relation to 30 each operation, covered by the AOC, to which that section 31 applies; [Page Break] 2 Omit "paragraph (1)(b) or (1)(c)", substitute "paragraph (1)(ab), (b) or 3 (c)". 4 22 At the end of subsection 28BC(1B) 5 Add "in relation to any operation, covered by the AOC or authorisation, 6 to which that section applies". 7 23 Subsection 28BC(1C) 8 Omit all the words after "the holder of the AOC", substitute "is a 9 constitutional corporation". 10 24 At the end of subsection 28BC(2B) 11 Add "in relation to any operation, covered by the AOC or authorisation, 12 to which that section applies". 13 25 Subsection 28BC(2C) 14 Omit all the words after "the holder of the AOC", substitute "is a 15 constitutional corporation". 16 26 Section 28BI 17 Repeal the section, substitute: 18 28BI Personal injury liability insurance 19 Application 20 (1) This section applies in relation to an operation covered by an AOC 21 if any of the following provisions apply in relation to the operation: 22 (a) subsection 41E(1) or (3) of the Civil Aviation (Carriers' 23 Liability) Act 1959; 24 (b) subsection 41E(1) or (3) of the Civil Aviation (Carriers' 25 Liability) Act 1959 as that subsection has effect under a law 26 of a State. 27 Insurance requirements 28 (2) The holder of the AOC must at all times comply with the 29 applicable provision in relation to the operation. [Page Break] 2 passenger-carrying operations, certain requirements relating to 3 personal injury liability insurance. 4 27 Section 32AN (definition of constitutional corporation) 5 Repeal the definition. 6 28 After paragraph 98(3)(b) 7 Insert: 8 (ba) the manner of applying for permissions under Part III, 9 including the information that may be required, and the 10 conditions to be satisfied, for the granting of permissions; 11 (bb) requiring specified persons to provide CASA with, or to 12 ensure that CASA is provided with, specified information 13 relating to the entering into, modification, cancellation, 14 non-renewal or expiry of acceptable contracts of insurance or 15 adequate financial arrangements in relation to specified 16 passenger-carrying operations (within the meaning of 17 Part IVA of the Civil Aviation (Carriers' Liability) Act 18 1959), to the extent that the insurance or arrangements are 19 required under this Act; 20 Civil Aviation (Carriers' Liability) Act 1959 21 29 After subsection 26(1) 22 Insert: 23 (1A) If an Air Operator's Certificate in force under the Civil Aviation 24 Act 1988 does not authorise airline operations only because the 25 holder of the certificate does not comply with section 41E of this 26 Act in relation to the operations, this Part has effect as if the 27 certificate did authorise the operations. 28 30 Before section 41A 29 Insert: 30 Division 1--Preliminary 31 31 Section 41B 32 Repeal the section, substitute: [Page Break] 2 In this Part: 3 acceptable contract of insurance has the meaning given by 4 section 41C. 5 adequate financial arrangements has the meaning given by 6 section 41C. 7 carrier means a person engaged, or proposing to engage, in a 8 passenger-carrying operation. 9 CASA means the Civil Aviation Safety Authority. 10 contract of insurance, in relation to a passenger-carrying operation 11 that a carrier engages in, or proposes to engage in, means a 12 contract: 13 (a) that is between the carrier and an insurer; and 14 (b) under which the insurer indemnifies the carrier against 15 personal injury liability in respect of each passenger carried, 16 or to be carried, by air by the carrier in the operation. 17 passenger-carrying operation means an air transport operation for 18 the carriage of passengers to which Part II, III or IV applies. 19 personal injury liability, in respect of a passenger carried, or to be 20 carried, by air by a carrier in a passenger-carrying operation, means 21 liability under this Act in respect of the death of, or personal injury 22 suffered by, the passenger. 23 32 Subsection 41C(1) 24 Repeal the subsection, substitute: 25 Acceptable contracts of insurance 26 (1) For the purposes of this Part, an acceptable contract of insurance, 27 in relation to a passenger-carrying operation that a carrier engages 28 in, or proposes to engage in, is a contract of insurance that relates 29 to the operation and meets the prescribed requirements. 30 Note: The heading to section 41C is replaced by the heading "Acceptable contracts of 31 insurance and adequate financial arrangements". 32 33 Subsection 41C(3) [Page Break] 2 34 Subsection 41C(7) 3 Repeal the subsection, substitute: 4 Adequate financial arrangements 5 (7) For the purposes of this Part, adequate financial arrangements, in 6 relation to a passenger-carrying operation that a carrier engages in, 7 or proposes to engage in, are financial arrangements that are 8 adequate to discharge any personal injury liability of the carrier in 9 respect of each passenger carried, or to be carried, by air by the 10 carrier in the operation. 11 (8) To avoid doubt, an acceptable contract of insurance in relation to a 12 passenger-carrying operation is an adequate financial 13 arrangement in relation to the operation. 14 35 Section 41CA 15 Repeal the section. 16 36 Before section 41E 17 Insert: 18 Division 2--Insurance requirements 19 37 Subsections 41E(1) and (1A) 20 Repeal the subsections, substitute: 21 (1) A person (other than a person who is, or is an agent of, the Crown 22 in any capacity) must not engage in, or propose to engage in, a 23 passenger-carrying operation, unless an acceptable contract of 24 insurance in relation to the operation is in force. 25 38 Subsection 41E(2) 26 Omit "carrier", substitute "person". 27 39 At the end of section 41E 28 Add: [Page Break] 2 not engage in, or propose to engage in, a passenger-carrying 3 operation, unless adequate financial arrangements in relation to the 4 operation exist. 5 40 Subsection 41J(1) (definition of prohibited carriage) 6 Repeal the definition, substitute: 7 prohibited carriage means a passenger-carrying operation in 8 relation to which: 9 (a) an acceptable contract of insurance is not in force; or 10 (b) if the carrier is, or is an agent of, the Crown in any 11 capacity--an adequate financial arrangement does not exist. 12 41 After section 41J 13 Insert: 14 Division 3--Auditing 15 41JA Auditing 16 CASA may, at any time and from time to time, by written notice 17 given to a carrier, require the carrier, within a period stated in the 18 notice, to produce evidence, satisfactory to CASA, that: 19 (a) an acceptable contract of insurance is in force in relation to a 20 specified passenger-carrying operation that the carrier 21 engages in, or proposes to engage in; or 22 (b) if the carrier is, or is an agent of, the Crown in any 23 capacity--adequate financial arrangements exist in relation 24 to a specified passenger-carrying operation that the carrier 25 engages in, or proposes to engage in. 26 42 Paragraph 41K(a) 27 Omit "subsection 41C(1)", substitute "section 41JA". 28 Note: The heading to section 41K is replaced by the heading "Audit regulations". 29 43 Paragraph 41K(c) 30 Omit "subsection", substitute "section". 31 44 Before section 41L [Page Break] 2 Division 4--Miscellaneous 3 45 Subsection 41L(1) 4 Omit all the words after "this Part", substitute "to a member of the staff 5 of CASA". 6 46 Subsection 41L(2) 7 Omit "referred to in paragraph (1)(b)". 8 47 At the end of section 41L 9 Add: 10 (4) In this section: 11 Director has the same meaning as in the Civil Aviation Act 1988. 12 Division 2--Application and saving provisions 13 48 Definition 14 In this Division: 15 commencement time means the time at which this Part commences. 16 49 Application provisions 17 (1) The amendments made by items 1, 3, 5, 6, 7, 8, 9, 10, 14, 15, 16 and 17 18 of this Schedule apply in relation to anything: 19 (a) done at or after the commencement time; and 20 (b) covered by a permission given or granted under section 25, 21 26 or 27A of the Civil Aviation Act 1988 before, at or after 22 the commencement time. 23 (2) The amendment made by item 5 of this Schedule also applies in relation 24 to anything: 25 (a) done at or after the commencement time; and 26 (b) covered by a permission given under section 23 of the Civil 27 Aviation Act 1988 at or after the commencement time. [Page Break] 2 relation to an application for an AOC made before, at or after the 3 commencement time. 4 (4) The amendments made by items 19, 20, 21, 22, 24, 26 and 29 of this 5 Schedule apply in relation to a flight or operation: 6 (a) conducted or carried out at or after the commencement time; 7 and 8 (b) covered by an AOC issued before, at or after the 9 commencement time. 10 (5) Regulations referred to in paragraph 98(3)(ba) of the Civil Aviation Act 11 1988, inserted by item 28 of this Schedule, may be expressed to apply 12 in relation to an application for a permission made before, at or after the 13 commencement time. 14 (6) Regulations referred to in paragraph 98(3)(bb) of the Civil Aviation Act 15 1988, inserted by item 28 of this Schedule, may be expressed to apply 16 in relation to insurance and arrangements required under that Act 17 before, at or after the commencement time. 18 (7) The amendments made by items 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 19 42 and 43 of this Schedule apply in relation to a passenger-carrying 20 operation engaged in, or proposed to be engaged in, at or after the 21 commencement time. 22 50 Saving provisions 23 (1) If, immediately before the commencement time, a condition specified in 24 a permission under section 25, 26 or 27A of the Civil Aviation Act 1988 25 was in force, the condition has effect, from the commencement time, as 26 if it had been imposed under that section as amended by this Part. 27 (2) If, immediately before the commencement time, a notice given under 28 subsection 41C(1) or 41CA(1) of the Civil Aviation (Carriers' Liability) 29 Act 1959 was in force, the notice has effect, from the commencement 30 time, as if it had been given under section 41JA of that Act as amended 31 by this Part. 32 (3) If, immediately before the commencement time, regulations made for 33 the purposes of paragraph 41K(a), (b) or (c) of the Civil Aviation 34 (Carriers' Liability) Act 1959 were in force, the regulations have effect, 35 from the commencement time, as if they had been made for the 36 purposes of that paragraph as in force at the commencement time. [Page Break] 2 Part 2--Amendments conditional on the Civil 3 Aviation Legislation Amendment (1999 4 Montreal Convention and Other Measures) 5 Act 2008 6 Civil Aviation Act 1988 7 51 Subsection 27AF(2) 8 After "carriage by air covered by Part", insert "IA,". 9 Civil Aviation (Carriers' Liability) Act 1959 10 52 Section 41B (definition of passenger-carrying operation) 11 After "passengers to which Part", insert "IA,". 12 53 Saving provision 13 (1) In this item: 14 Part 1 commencement time means the time at which Part 1 of this 15 Schedule commences. 16 Part IA notice means a notice given under subsection 41C(1) or 17 41CA(1) of the Civil Aviation (Carriers' Liability) Act 1959, as in force 18 before the Part 1 commencement time, in relation to carriage to which 19 Part IA of that Act applies. 20 (2) If, immediately before the Part 1 commencement time, a Part IA notice 21 was in force, the notice has effect, from the commencement of this item, 22 as if it had been given under section 41JA of that Act as in force at the 23 commencement of this item. 24 Civil Aviation Legislation Amendment (1999 Montreal 25 Convention and Other Measures) Act 2008 26 54 Item 7 of Schedule 1 27 Repeal the item.