CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 31 Limitation of liability

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 31

  (1)   Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part   i n respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:

  (a)   if none of paragraphs   (b), (c) and (d) applies--the amount applicable under subsection   ( 1AA); or

  (b)   where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection   ( 1AA) and paragraph   ( c) does not apply--the amount prescribed by that regulation; or

  (c)   if, at the date of the accident, no regulation was in force under paragraph   ( b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as an amount that exceeds the amount applicable under subsection   ( 1AA) --the amount so specified; or

  (d)   if, at the date of the accident, a regulation was in force under paragraph   (b) prescribing an amount and that amount is higher than the amount applicable under subsection   ( 1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as an amount that exceeds the amount so prescribed--the amount so specified.

  (1AA)   The amount applicable under this subsection is:

  (a)   $925,000, unless paragraph   (b) applies; or

  (b)   if the regulations provide for indexation in relation to that dollar amount--the indexed amount worked out in accordance with the regulations.

  (1A)   Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to:

  (a)   if none of paragraphs   (b), (c) and (d) applies--the number of SDRs applicable under subsection   ( 1B); or

  (b)   if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection   ( 1B) and paragraph   ( c) does not apply--the number of SDRs so prescribed; or

  (c)   if, at the date of the accident, no regulation was in force under paragraph   ( b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number of SDRs applicable under subsection   ( 1B) --the number of SDRs so specified; or

  (d)   if, at the date of the accident, a regulation was in force under paragraph   (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection   ( 1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number so prescribed--the number of SDRs so specified.

  (1B)   The number of SDRs applicable under this subsection is:

  (a)   480,000, unless paragraph   (b) applies; or

  (b)   if the regulations provide for indexation in relation to that number--the indexed number worked out in accordance with the regulations.

  (2)   Subject to the regulations relating to baggage checks, the liability of a carrier under this Part   i n respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:

  (a)   if neither paragraph   (b) nor (c) applies--the amount applicable under subsection   ( 2A); or

  (b)   where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection   ( 2A) and paragraph   ( c) does not apply--the amount prescribed by that regulation; or

  (c)   where an amount that exceeds:

  (i)   if, at the date of the occurrence referred to in paragraph   ( b), no regulation was in force under that paragraph--the amount applicable under subsection   ( 2A) ; or

  (ii)   if, at the date of the occurrence referred to in paragraph   ( b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection   ( 2A) --the amount prescribed by the regulation;

    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier's liability--the amount so specified.

  (2A)   The amount applicable under this subsection is:

  (a)   $3,000, unless paragraph   (b) applies; or

  (b)   if the regulations provide for indexation in relation to that dollar amount--the indexed amount worked out in accordance with the regulations.

  (3)   The liability of a carrier under this Part   i n respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:

  (a)   if neither paragraph   (b) nor (c) applies--the amount applicable under subsection   ( 4); or

  (b)   where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection   ( 4) and paragraph   ( c) does not apply--the amount prescribed by that regulation; or

  (c)   where an amount that exceeds:

  (i)   if, at the date of the occurrence referred to in paragraph   ( b), no regulation was in force under that paragraph--the amount applicable under subsection   ( 4) ; or

  (ii)   if, at the date of the occurrence referred to in paragraph   ( b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection   ( 4) --the amount prescribed by that regulation;

    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier's liability--the amount so specified.

  (4)   The amount applicable under this subsection is:

  (a)   $300, unless paragraph   (b) applies; or

  (b)   if the regulations provide for indexation in relation to that dollar amount--the indexed amount worked out in accordance with the regulations.