Commonwealth Consolidated Acts Commonwealth Consolidated ActsAct No. 2 of 1959 as amended
This compilation was prepared on 20 March 2009
taking into account amendments up to Act No. 144 of 2008
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of
amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and
Publishing,
Attorney‑General's Department, Canberra
Contents
Part I--Preliminary 1
1............ Short title [see Note 1] ....................................................................... 1
2............ Commencement [see Note 1] .............................................................. 1
5............ Interpretation ...................................................................................... 1
5A......... Application of the Criminal Code ...................................................... 5
6............ Extension to Territories ...................................................................... 5
7............ Act to bind Crown .............................................................................. 5
8............ Texts of Conventions ......................................................................... 5
9............ Conversion of SDR to Australian dollars ........................................... 6
Part IA--Carriage to which the 1999 Montreal Convention applies 7
9A......... Definitions .......................................................................................... 7
9B......... The 1999 Montreal Convention to have force of law ........................ 7
9C......... Limitation of liability for Australian international carriers ................. 7
9D......... Liability in respect of death ................................................................ 8
9E.......... Liability in respect of injury ............................................................. 10
9F.......... Certain liabilities not excluded .......................................................... 10
9G......... Proceeds of insurance policies etc. ................................................... 10
9H......... Contributory negligence .................................................................... 11
9J.......... Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air 12
9K......... Evidence of certain matters ............................................................... 12
9L.......... Jurisdiction of State courts preserved .............................................. 13
Part II--Carriage to which the Warsaw Convention and the Hague Protocol apply 14
10.......... Definition .......................................................................................... 14
11.......... Convention to have force of law ....................................................... 14
11A....... Limitation of liability for Australian international carriers ............... 14
12.......... Liability in respect of death .............................................................. 15
13.......... Liability in respect of injury ............................................................. 16
14.......... Certain liabilities not excluded .......................................................... 17
15.......... Proceeds of insurance policies etc. ................................................... 17
16.......... Contributory negligence .................................................................... 18
17.......... Actions against Parties to the Convention who undertake carriage by air 18
18.......... Evidence of certain matters ............................................................... 19
19.......... Jurisdiction of State courts preserved .............................................. 19
Part III--Carriage to which the Warsaw Convention without the Hague Protocol applies 20
20.......... Interpretation .................................................................................... 20
21.......... Provisions of Convention to have force of law ................................ 20
21A....... Limitation of liability for Australian international carriers ............... 20
22.......... Evidence of certain matters ............................................................... 21
23.......... Conversion of francs ......................................................................... 22
24.......... Adoption of certain provisions of Part II ......................................... 22
24A....... Jurisdiction of State courts preserved .............................................. 22
25.......... Duration of Part [see Note 2] ........................................................... 22
Part IIIA--Carriage to which the Guadalajara Convention applies 23
25A....... Provisions of Convention to have force of law ................................ 23
25B....... Modification of Parts II and III ........................................................ 23
25C....... Evidence of certain matters ............................................................... 23
Part IIIB--Carriage to which the Montreal No. 3 Convention applies 24
(ss. 25D‑25H) [Not in operation--see Note 3] ........................................... 24
Part IIIC--Carriage to which the Montreal No. 4 Convention applies 25
25J........ Interpretation .................................................................................... 25
25K....... Effect of Convention in Australia ..................................................... 25
25L........ Application of certain provisions of Part IV .................................... 25
25M...... Jurisdiction of State courts preserved .............................................. 25
25N....... Evidence of certain matters ............................................................... 26
Part IV--Other carriage to which this Act applies 27
26.......... Interpretation .................................................................................... 27
27.......... Application of Part [see Note 3] ...................................................... 28
28.......... Liability of the carrier for death or injury ......................................... 29
29.......... Liability of the carrier in respect of baggage ..................................... 30
30.......... Complaint to be made in respect of baggage ..................................... 31
31.......... Limitation of liability ........................................................................ 32
32.......... Contracting out ................................................................................. 34
33.......... Servants and agents of carrier ........................................................... 34
34.......... Limitation of actions ......................................................................... 34
35.......... Liability in respect of death .............................................................. 35
36.......... Liability in respect of injury ............................................................. 36
37.......... Certain liabilities not excluded .......................................................... 36
38.......... Proceeds of insurance policies etc. ................................................... 37
39.......... Contributory negligence .................................................................... 37
40.......... Regulations relating to passenger tickets and baggage checks ........... 38
41.......... Application of Part to cargo ............................................................. 38
Part IVA--Carriers to be insured against liability to passengers for death or personal injury 39
Division 1--Preliminary 39
41A....... Object of Part ................................................................................... 39
41B....... Definitions ........................................................................................ 39
41C....... Acceptable contracts of insurance and adequate financial arrangements 40
41D....... Insurer's liability not affected by exclusions or breaches ................. 41
Division 2--Insurance requirements 42
41E........ Carriers to be covered by acceptable insurance ................................ 42
41F........ Conduct by directors, servants and agents ....................................... 42
41G....... Grounds of cancellation of contract of insurance not affected ......... 44
41H....... Conflict of laws ................................................................................ 44
41J........ Injunctions ........................................................................................ 44
Division 3--Auditing 46
41JA..... Auditing ............................................................................................ 46
41K....... Audit regulations .............................................................................. 46
Division 4--Miscellaneous 47
41L........ Delegation ......................................................................................... 47
41M...... Saving ................................................................................................ 47
Part V--Miscellaneous 48
41N....... Corresponding State laws may confer functions and powers on Commonwealth authorities and officers 48
42.......... Stowaways [see Note 3] ................................................................... 48
43.......... Regulations ....................................................................................... 49
Schedules 50
Schedule 1A--The 1999 Montreal Convention 50
Schedule 1--Convention for the unification of certain rules relating to international carriage by air 77
Chapter I--Scope--Definitions 77
Chapter II--Documents of Carriage 78
Chapter III--Liability of the Carrier 83
Chapter IV--Provisions Relating to Combined Carriage 87
Chapter V--General and Final Provisions 87
Schedule 2--The Warsaw Convention as amended at the Hague 91
Chapter II--Documents of Carriage 92
Chapter III--Liability of the Carrier 97
Chapter IV--Provisions Relating to Combined Carriage 101
Chapter V--General and Final Provisions 102
Chapter I--Amendments to the Convention 104
Chapter II--Scope of Application of the Convention as Amended 104
Chapter III--Final Clauses 104
Schedule 3--Convention 108
Schedule 4--The Montreal No. 3 Convention 114
Chapter I--Scope--Definitions 114
Chapter II--Documents of Carriage 115
Chapter III--Liability of the Carrier 120
Chapter IV--Provisions Relating to Combined Carriage 126
Chapter V--General and Final Provisions 126
Chapter I--Amendments to the Convention 131
Chapter II--Scope of Application of the Convention as Amended 131
Chapter III--Final Clauses 131
Schedule 5--The Montreal No. 4 Convention 135
Chapter I--Scope--Definitions 135
Chapter II--Documents of Carriage 136
Chapter III--Liability of the Carrier 141
Chapter IV--Provisions Relating to Combined Carriage 147
Chapter V--General and Final Provisions 147
Chapter I--Amendments to the Convention 150
Chapter II--Scope of Application of the Convention as Amended 150
Chapter III--Final Clauses 150
Notes 155
An Act relating to Carriage by Air
Notes to
the
Civil Aviation (Carriers' Liability) Act
1959 Note 1 The Civil Aviation (Carriers' Liability) Act 1959 as
shown in this
compilation comprises
Act No. 2, 1959 amended as indicated in the Tables below. All relevant information pertaining to application, saving or
transitional provisions prior to 24 March 1998 is not included in this
compilation. For subsequent information see
Table A. Table of Acts
|
Act |
Number |
Date |
Date of commencement |
Application, saving or transitional provisions |
|
2, 1959 |
21 Apr 1959 |
Part II (ss. 10-19): 1 Nov 1963 (see Gazette 1963, |
|
|
|
Civil Aviation (Carriers' Liability) Act 1962 |
38, 1962 |
28 May 1962 |
Ss. 1, 2, 6 and 9: Royal Assent |
|
|
Statute Law Revision (Decimal Currency) Act 1966 |
93, 1966 |
29 Oct 1966 |
1 Dec 1966 |
-- |
|
Civil Aviation (Carriers' Liability) Act 1970 |
54, 1970 |
25 June 1970 |
1 Aug 1970 (see Gazette 1970, |
S. 8 |
|
Statute Law Revision Act 1973 |
216, 1973 |
19 Dec 1973 |
31 Dec 1973 |
Ss. 9(1) and 10 |
|
91, 1976 |
20 Sept 1976 |
20 Sept 1976 (a) |
S. 4 |
|
|
126, 1976 |
24 Nov 1976 |
24 Nov 1976 |
S. 3(2) |
|
|
71, 1982 |
6 Sept 1982 |
S. 3: 1 Feb 1983 (see Gazette 1983, No. G3,
p.220) |
S. 4(2) |
|
|
39, 1983 |
20 June 1983 |
S. 3: 18 July 1983 (b) |
||
|
Australian Airlines (Conversion to Public Company) Act 1988 |
6, 1988 |
9 Mar 1988 |
Ss. 15, 16, 52(2), 55, 57, 60 and 69(2): 30 Apr 1988 (see Gazette 1988, No. S117) |
-- |
|
63, 1988 |
15 June 1988 |
Part III (ss. 17-32), s. 98, Part IX |
S. 100(1)- |
|
|
189, 1991 |
11 Dec 1991 |
Ss. 9, 11(1) and 13(1): [see Note 3] |
-- |
|
|
196, 1992 |
21 Dec 1992 |
Schedule (Part 2): 10 Mar 1993 (see Gazette 1993, No. GN17) (d) |
-- |
|
|
Transport and Communications Legislation Amendment Act (No. 2) 1993 |
5, 1994 |
18 Jan 1994 |
S. 3 (item 43): Royal Assent (e) |
-- |
|
89, 1995 |
20 July 1995 |
-- |
||
|
95, 1995 |
27 July 1995 |
S. 3 (Part E [items 1-8]): Royal Assent (g) |
-- |
|
|
1, 1998 |
24 Mar 1998 |
Schedule 1: Royal Assent (h) |
Sch. 1 (item 13) [see Table A] |
|
|
95, 1998 |
23 July 1998 |
Schedule 4: Royal Assent (i) |
-- |
|
|
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 |
143, 2001 |
1 Oct 2001 |
2 Oct 2001 |
S. 4 [see Table A] |
|
Insurance and Aviation Liability Legislation Amendment Act 2002 |
96, 2002 |
10 Nov 2002 |
Schedule 1 (items 1-4): 23 July 1998 (see s. 2) |
-- |
|
Civil Aviation Legislation Amendment (Mutual Recognition with New Zealand) Act 2006 |
102, 2006 |
16 Sept 2006 |
Schedule 1 (items 39, 40): 30 Mar 2007 (see F2007L00796) |
-- |
|
Australian Citizenship (Transitionals and Consequentials) Act 2007 |
21, 2007 |
15 Mar 2007 |
Schedules 1-3: 1 July 2007 (see
s. 2(1) and F2007L01653) |
-- |
|
73, 2008 |
3 July 2008 |
Schedule 4 (items 118-147): 4 July 2008 |
-- |
|
|
Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 |
79, 2008 |
12 July 2008 |
Schedule 1 (items 1-10) and Schedule 2: 24 Jan 2009 (see F2008L04662) |
-- |
|
as amended by |
|
|
|
|
|
Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 |
87, 2008 |
20 Sept 2008 |
Schedule 2 (item 54): (see 87, 2008 below) |
-- |
|
Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 |
87, 2008 |
20 Sept 2008 |
Schedule 2 (items 29-48, 49(4), (7), 50(2), (3)): 20 Mar 2009 |
Sch. 2 (items 48, 49(4), (7), 50(2), (3), 53) [see Table A] |
|
Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 |
144, 2008 |
9 Dec 2008 |
Schedule 11 (items 1, 2): (k) |
-- |
(a) The Civil Aviation (Carriers' Liability) Act 1959 was amended by section 3 only of the Administrative Changes (Consequential Provisions) Act 1976, subsection 2(7) of which provides as follows:
(7) The amendments of each other Act specified in the Schedule made by this Act shall be deemed to have come into operation on 22 December 1975.
(b) The Civil Aviation (Carriers' Liability) Act 1959 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 1) 1983, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty‑eighth day after the day on which it receives the Royal Assent.
(c) Subsection 2(3) of the Australian Airlines (Conversion to Public Company) Act 1988 provides as follows:
(3) Subsection 52(1) shall come into operation on the day after subsection 11(3) is complied with.
The date on which the Australian Airlines Limited certified that the requirements of subsection 11(3) had been complied with was 28 June 1988.
(d) The Civil Aviation (Carriers' Liability) Act 1959 was amended by the Schedule (Part 2) only of the Qantas Sale Act 1992, subsection 2(2) of which provides as follows:
(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(e) The Civil Aviation (Carriers' Liability) Act 1959 was amended by the Schedule (item 43) only of the Transport and Communications Legislation Amendment Act (No. 2) 1993, subsection 2(1) of which provides as follows:
(1) Subject to subsections (2) to (10) (inclusive), this Act commences on the day on which it receives the Royal Assent.
(f) The Civil Aviation (Carriers' Liability) Act 1959 was amended by the Transport Legislation Amendment Act (No. 2) 1995, subsections 2(2) and (3) of which provide as follows:
(2) The items in the Schedule (other than items 23 and 30) commence on a day or days to be fixed by Proclamation.
(3) If an item in the Schedule (other than item 23 or 30) does not commence under subsection (2) within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
(g) The Civil Aviation (Carriers' Liability) Act 1959 was amended by the Transport Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(h) The Civil Aviation (Carriers' Liability) Act 1959 was amended by Schedule 1 only of the Civil Aviation Legislation Amendment Act 1998, subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.
(i) The Civil Aviation (Carriers' Liability) Act 1959 was amended by Schedule 4 only of the Aviation Legislation Amendment Act (No. 1) 1998, subsection 2(5) of which provides as follows:
(5) The remaining provisions of this Act (including items 9, 10 and 11 of Schedule 1) commence on the day on which this Act receives the Royal Assent.
(j) Subsection 2(1) (items 3-5) of the Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Commencement information |
||
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
3. Schedule 2, Part 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. |
20 March 2009 |
|
4. Schedule 2, items 51, 52 and 53 |
The later of: (a) immediately after the commencement of 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. |
20 March 2009 (paragraph (a) applies) |
|
5. Schedule 2, item 54 |
Immediately before the commencement of 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. |
Does not commence |
(k) Subsection 2(1) (items 30 and 31) of the Same‑Sex Relationships (Equal Treatment in Commonwealth Laws--General Law Reform) Act 2008 provides as follows:
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
|
Provision(s) |
Commencement |
Date/Details |
|
30. Schedule 11, Part 1 |
The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008. |
24 January 2009 (paragraph (b) applies) |
|
31. Schedule 11, Part 2 |
The day after this Act receives the Royal Assent. However, the provision(s) do not commence at all if Schedule 2 to the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Amendments) Act 2008 does not commence on or before the day after this Act receives the Royal Assent. |
Does not commence |
Table of Amendments
|
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
|
|
Provision affected |
How affected |
|
Part I |
|
|
am. No. 126, 1976 |
|
|
S. 3...................................... |
am. No. 38, 1962 |
|
|
rep. No. 216, 1973 |
|
S. 4...................................... |
rep. No. 216, 1973 |
|
am. No. 38, 1962; No. 216, 1973; No. 126, 1976; No. 6, 1988; No. 189, 1991; No. 196, 1992; No. 96, 2002; No. 21, 2007; Nos. 79 and 144, 2008 |
|
|
ad. No. 143, 2001 |
|
|
am. No. 216, 1973 |
|
|
rs. No. 1, 1998 |
|
|
rs. No. 189, 1991 |
|
|
|
am. No. 79, 2008 |
|
am. No. 38, 1962; Nos. 91 and 126, 1976 |
|
|
|
rs. No. 189, 1991 |
|
Part IA |
|
|
Part IA................................. |
ad. No. 79, 2008 |
|
ad. No. 79, 2008 |
|
|
ad. No. 79, 2008 |
|
|
Part II |
|
|
rs. No. 189, 1991 |
|
|
ad. No. 95, 1995 |
|
|
|
am No. 95, 1998; No. 96, 2002 |
|
am. No. 126, 1976; No. 95, 1998; Nos. 73, 79 and 144, 2008 |
|
|
am. No. 54, 1970; No. 216, 1973 |
|
|
am. Nos. 73, 79 and 144, 2008 |
|
|
am. No. 38, 1962; No. 126, 1976 |
|
|
am. No. 126, 1976; No. 39, 1983 |
|
|
Part III |
|
|
am. No. 126, 1976 |
|
|
ad. No. 95, 1995 |
|
|
|
am No. 95, 1998; No. 96, 2002 |
|
am. No. 126, 1976; No. 73, 2008 |
|
|
am. No. 126, 1976 |
|
|
ad. No. 189, 1991 |
|
|
am. No. 126, 1976; No. 39, 1983 |
|
|
Part IIIA |
|
|
Part IIIA ............................... |
ad. No. 38, 1962 |
|
ad. No. 38, 1962 |
|
|
|
am. No. 126, 1976; No. 189, 1991 |
|
ad. No. 38, 1962 |
|
|
Part IIIC |
|
|
Part IIIC ............................... |
ad. No. 189, 1991 |
|
ad. No. 189, 1991 |
|
|
Part IV |
|
|
am. No. 54, 1970; No. 71, 1982; No. 39, 1983; No. 63, 1988; No. 95, 1995; No. 102, 2006; Nos. 79 and 87, 2008 |
|
|
am. No. 38, 1962; No. 54, 1970; No. 216, 1973; No. 6, 1988; No. 189, 1991; No. 196, 1992; No. 79, 2008 |
|
|
am. No. 126, 1976; No. 73, 2008 |
|
|
am. No. 93, 1966; No. 54, 1970; No. 126, 1976 |
|
|
|
rs. No. 71, 1982 |
|
|
am. No. 95, 1995; No. 73, 2008 |
|
am. No. 126, 1976; No. 73, 2008 |
|
|
am. No. 73, 2008 |
|
|
am. No. 126, 1976; No. 95, 1998; Nos. 73, 79 and 144, 2008 |
|
|
am. No. 54, 1970; No. 216, 1973 |
|
|
am. Nos. 73, 79 and 144, 2008 |
|
|
am. No. 38, 1962; No. 126, 1976 |
|
|
am. No. 126, 1976 |
|
|
am. No. 189, 1991; No. 73, 2008 |
|
|
Part IVA |
|
|
Part IVA .............................. |
ad. No. 89, 1995 |
|
Division 1 |
|
|
Heading to Div. 1 of Part IVA........................... |
ad. No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
|
am. No. 79, 2008 |
|
ad. No. 89, 1995 |
|
|
|
am. No. 1, 1998; No. 79, 2008 |
|
|
rs. No. 87, 2008 |
|
|
am. No. 87, 2008 |
|
Heading to s. 41C................ |
rs. No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
|
am. No. 1, 1998; Nos. 79 and 87, 2008 |
|
ad. No. 1, 1998 |
|
|
|
rep. No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
Division 2 |
|
|
Heading to Div. 2 of Part IVA........................... |
ad. No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
|
am. No. 1, 1998; No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
|
am. No. 143, 2001 |
|
ad. No. 89, 1995 |
|
|
ad. No. 89, 1995 |
|
|
|
am. No. 1, 1998; No. 87, 2008 |
|
Division 3 |
|
|
Heading to Div. 3 of Part IVA........................... |
ad. No. 87, 2008 |
|
S. 41JA............................... |
ad. No. 87, 2008 |
|
Heading to s. 41K................ |
rs. No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
|
am. No. 1, 1998; No. 87, 2008 |
|
Division 4 |
|
|
Heading to Div. 4 of Part IVA........................... |
ad. No. 87, 2008 |
|
ad. No. 89, 1995 |
|
|
|
rs. No. 1, 1998 |
|
|
am. No. 87, 2008 |
|
ad. No. 1, 1998 |
|
|
Part V |
|
|
ad. No. 1, 1998 |
|
|
am. No. 126, 1976; No. 189, 1991; Nos. 73 and 79, 2008 |
|
|
am. No. 189, 1991 |
|
|
Heading to The Schedules.. |
rep. No. 126, 1976 |
|
Heading to Schedules......... |
ad. No. 126, 1976 |
|
Schedule 1A |
|
|
Schedule 1A....................... |
ad. No. 79, 2008 |
|
Schedule 1 |
|
|
Heading to the First............. |
rep. No. 126, 1976 |
|
Heading to Schedule 1........ |
ad. No. 126, 1976 |
|
Note to Schedule 1 heading |
rs. No. 79, 2008 |
|
Schedule 2 |
|
|
Heading to the Second ....... |
rep. No. 126, 1976 |
|
Heading to Schedule 2........ |
ad. No. 126, 1976 |
|
Note to Schedule 2 heading |
rs. No. 79, 2008 |
|
Schedule 2.......................... |
rs. No. 189, 1991 |
|
Schedule 3 |
|
|
Heading to the Third............ |
rep. No. 126, 1976 |
|
Heading to Schedule 3........ |
ad. No. 126, 1976 |
|
Note to Schedule 3 heading |
rs. No. 79, 2008 |
|
Third Schedule.................... |
ad. No. 38, 1962 |
|
Schedule 4 |
|
|
Note to Schedule 4 heading |
rs. No. 79, 2008 |
|
Schedule 4.......................... |
ad. No. 189, 1991 |
|
Schedule 5 |
|
|
Note to Schedule 5 heading |
rs. No. 79, 2008 |
|
Schedule 5.......................... |
ad. No. 189, 1991 |
Note 2
Subsection 25(1)--As at 20 March 2009, no Proclamation had been published in the Gazette and no denunciation by Australia of the Warsaw Convention had been made.
Note 3
Civil Aviation (Carriers' Liability) Amendment Act 1991 (No. 189, 1991)
Part IIIB (sections 25D-25G, 22H), sections 27 and 42 are amended by sections 9, 11(1) and 13(1) of the Civil Aviation (Carriers' Liability) Amendment Act 1991, subsection 2(2) of which provides as follows:
(2) Section 9 and subsections 11(1) and 13(1) commence on a day to be fixed by Proclamation, being a day not earlier than that on which the Montreal Protocol No. 3 enters into force for Australia.
The amendments are set out below:
9 After Part IIIA of the Principal Act the following Part is inserted [see NOTE 1 below]
Part IIIB--Carriage to which the Montreal No. 3 Convention applies
In this Part:
the Convention means the Montreal No. 3 Convention.
25E Effect of Convention in Australia
(1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.
(2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the provisions of the Convention as having the force of law because of this section.
25F Application of certain provisions of Part IV
Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:
(a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and
(b) any other reference to Part IV is taken to be a reference to the Convention.
25G Jurisdiction of State courts preserved
For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.
22H Evidence of certain matters [see NOTE 2 below]
(1) The Minister may, by notice published in the Gazette, from time to time declare:
(a) who are the Parties to the Convention; and
(b) the territory in respect of which any Party is bound by the Convention; and
(c) the extent to which any Party has availed itself of a reservation permitted by the Convention.
(2) A notice under this section is evidence of the matters declared.
(1) Section 27 of the Principal Act is amended by inserting in subsection (1) ", the Montreal Protocol No. 3" after "the Hague Protocol".
(1) Section 42 of the Principal Act is amended by inserting in subsection (1) ", Part IIIB" after "Part III".
Subsections 7(3)(b) and 8(3)(b) of the Civil Aviation (Carriers' Liability) Amendment Act 1991 provide as follows [see NOTE 1 below]:
7 Effect of Convention in Australia
(3) If section 10 commences before section 9:
(b) on the commencement of section 9, section 25A is amended by omitting "II, III and IIIC" and substituting "II, III, IIIB and IIIC".
(3) If section 10 commences before section 9:
(b) on the commencement of section 9, section 25B of the Principal Act is amended by inserting ", in Part IIIB (other than section 25E)" before "and in Part IIIC".
NOTE 1: Ss. 25A and 25B--The operation of subsections 7(3)(b) and 8(3)(b) of the Civil Aviation (Carriers' Liability) Amendment Act 1991 are contingent upon section 9 of the same Act coming into operation. Subsections 7(3)(b) and 8(3)(b) commenced on 11 December 1991 and are not incorporated in this compilation.
NOTE 2: Schedule (item 43) of the Transport and Communications Legislation Amendment Act (No. 2) 1993 provides as follows:
Renumber the section as section 25H.
Schedule (item 43) commenced on Royal Assent (18 January 1994).
As at 20 March 2009 the amendments are not incorporated in this compilation.
Table A
Application, saving or transitional provisions
Civil Aviation Legislation Amendment Act 1998 (No. 1, 1998)
Schedule 1
13 Modification of regulations
(1) Any regulations that were in force immediately before the commencement of this Schedule for the purposes of Part IVA of the Civil Aviation (Carriers' Liability) Act 1959 as in force at that time have effect as if references in those regulations to the Minister were references to CASA.
(2) Subitem (1) does not prevent regulations that have effect as mentioned in that subitem from being amended or repealed by further regulations made under the Civil Aviation (Carriers' Liability) Act 1959.
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 (No. 143, 2001)
(1) Each amendment made by this Act applies to acts and omissions that take place after the amendment commences.
(2) For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.
Aviation Legislation Amendment (International Airline Licences and Carriers' Liability Insurance) Act 2008 (No. 87, 2008)
Schedule 2
48 Definition
In this Division:
commencement time means the time at which this Part commences.
49 Application provisions
(4) The amendments made by items 19, 20, 21, 22, 24, 26 and 29 of this Schedule apply in relation to a flight or operation:
(a) conducted or carried out at or after the commencement time; and
(b) covered by an AOC issued before, at or after the commencement time.
(7) The amendments made by items 31, 32, 33, 34, 35, 37, 38, 39, 40, 41, 42 and 43 of this Schedule apply in relation to a passenger‑carrying operation engaged in, or proposed to be engaged in, at or after the commencement time.
50 Saving provisions
(2) If, immediately before the commencement time, a notice given under subsection 41C(1) or 41CA(1) of the Civil Aviation (Carriers' Liability) Act 1959 was in force, the notice has effect, from the commencement time, as if it had been given under section 41JA of that Act as amended by this Part.
(3) If, immediately before the commencement time, regulations made for the purposes of paragraph 41K(a), (b) or (c) of the Civil Aviation (Carriers' Liability) Act 1959 were in force, the regulations have effect, from the commencement time, as if they had been made for the purposes of that paragraph as in force at the commencement time.
53 Saving provision
(1) In this item:
Part 1 commencement time means the time at which Part 1 of this Schedule commences.
Part IA notice means a notice given under subsection 41C(1) or 41CA(1) of the Civil Aviation (Carriers' Liability) Act 1959, as in force before the Part 1 commencement time, in relation to carriage to which Part IA of that Act applies.
(2) If, immediately before the Part 1 commencement time, a Part IA notice was in force, the notice has effect, from the commencement of this item, as if it had been given under section 41JA of that Act as in force at the commencement of this item.