Commonwealth Consolidated Acts

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 41E

             (1)  A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.

             (2)  A person who intentionally contravenes subsection (1) is guilty of an offence punishable on conviction by imprisonment for a period of not more than 2 years.

Note:          Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.

             (3)  A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.