AIR ACCIDENTS (COMMONWEALTH GOVERNMENT LIABILITY) ACT 1963 - SECT 14 Limitation of amount recoverable under this Part

AIR ACCIDENTS (COMMONWEALTH GOVERNMENT LIABILITY) ACT 1963 - SECT 14

  (1)   The maximum liability of the Commonwealth or a Commonwealth authority under this Part   i n respect of any one person, by reason of his or her death or injury resulting from an accident, is:

  (a)   the amount applicable under subsection   31(1AA) of the Civil Aviation (Carriers' Liability) Act 1959 , unless paragraph   (b) applies; or

  (b)   if, at the date of the accident, a regulation was in force under the Civil Aviation (Carriers' Liability) Act 1959 prescribing an amount for the purposes of paragraph   31(1)(b) of that Act and that amount is higher than the amount applicable under subsection   31(1AA) of that Act--the amount so prescribed.

  (2)   The amount of any damages recoverable but for this subsection by a person from the Commonwealth or a Commonwealth authority by virtue of this Part   i n respect of a death or injury shall be reduced by:

  (a)   the amount of any damages or compensation paid or payable in respect of the death or injury to or for the benefit of that person by, or recovered or recoverable by or for the benefit of that person from, the carrier, an employee or agent of the carrier or any other person other than the Commonwealth or the Commonwealth authority, as the case may be; and

  (b)   any amount received or receivable by that person in consequence of the death or injury by reason of:

  (i)   insurance effected for the benefit of the deceased or injured person or his or her estate by the carrier or by the Commonwealth or the Commonwealth authority; or

  (ii)   insurance effected by the deceased or injured person that is referable to an allowance granted by the Commonwealth or the Commonwealth authority for the purpose of enabling him or her to effect such insurance.