Commonwealth Numbered Acts

INSURANCE AND AVIATION LIABILITY LEGISLATION AMENDMENT ACT 2002 NO. 96, 2002 - SCHEDULE 1

Civil Aviation (Carriers' Liability) Act 1959

1 Section 5

Australian citizen has the same meaning as in the Australian Citizenship Act 1948 .

2 Section 5

Australian person means:

(a)

an individual who is an Australian citizen or is ordinarily resident in Australia; or

(b)

the Commonwealth, a State or a Territory; or

(c)

a person who is a nominee of the Commonwealth or of a State or a Territory; or

(d)

a Commonwealth, State or Territory authority; or

(e)

a person who is a nominee of a Commonwealth, State or Territory authority; or

(f)

a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

(g)

a person who is a nominee of a local government body referred to in paragraph (f); or

(h)

a body corporate that:

(i)

is incorporated by or under a law of the Commonwealth or of a State or a Territory; and

(ii)

is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or

(i)

a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

3 Subsection 11A(2) (at the end of paragraph (b) of the definition of Australian international carrier)

4 Subsection 21A(2) (at the end of paragraph (b) of the definition of Australian international carrier)

Damage by Aircraft Act 1999

5 After subsection 10(2)

(2A) Subsection (2) does not apply to a person if, immediately before the impact happened:

(a)

the person was the owner of the aircraft; and

(b)

the person did not have an active role in the operation of the aircraft; and

(c)

either:

(i)

there was a lease or other arrangement in force (whether or not with the owner) under which another person had the exclusive right to use the aircraft; or

(ii)

another person had the exclusive right to use the aircraft and there was an agreement in force under which the owner provided financial accommodation in connection with the aircraft.

Insurance Contracts Act 1984

6 At the end of section 9

(4) Sections 53 and 63 do not apply in relation to a provision of a contract, or a proposed contract, of insurance to the extent that:

(a)

the provision authorises or permits the insurer to vary or cancel either or both of the following:

(i)

cover for risks related to war;

(ii)

cover for risks related to terrorism; and

(b)

the provision is prescribed or otherwise identified by the regulations.