CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (NO. 1) 

CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (NO. 1) 
- TABLE OF PROVISIONS

Name. of regulations  
2.  Commencement  
3.  Amendment  
4.  Regulation 1 (Citation)  
5.  Regulation 9 (Prescribed exclusions of insurer's liability)  
6.  Regulation 9 (Prescribed exclusions of insurer's liability)  


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- REG 
1. Name of regulations


  1.1 These regulations are the Civil Aviation (Carriers' Liability) 
Amendment Regulations 1998 (No. 1).


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- REG 2
2. Commencement


  2.1 Regulation 6 commences on 20 August 1999.

  2.2 The remainder of these regulations commence on gazettal.


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- REG 3
3. Amendment


  3.1 The Civil Aviation (Carriers' Liability) Regulations are amended 
as set out in these regulations.


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- REG 4
4. Regulation 1 (Citation)


  4.1 Omit the regulation, substitute:
Name of regulations
  "1. These regulations are the Civil Aviation (Carriers' Liability) 
Regulations 1991.".


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- REG 5
5. Regulation 9 (Prescribed exclusions of insurer's liability)


  5.1 Paragraph 9 (2) (a):
Omit "regulation; or", substitute "paragraph;".

  5.2 Paragraph 9 (2) (aa):
Omit "or".

  5.3 Paragraph 9 (2) (b):
Omit "regulation; or", substitute "paragraph;".

  5.4 Paragraph 9 (2) (c):
Omit "regulation.", substitute "paragraph;".

  5.5 Subregulation 9 (2):
After paragraph 9 (2) (c), insert:
  "(d) 'Date Recognition Exclusion Clause' (also called 'AVN 2000'), 
as that clause is commonly in use at the commencement of this 
paragraph.".
Note The following text should be added at the end of the Note 
following Schedule 1:
  "DATE RECOGNITION EXCLUSION CLAUSE (AVN 2000)
  "This Policy does not cover any claim, damage, injury, loss, cost, 
expense or liability (whether in contract, tort, negligence, product 
liability, misrepresentation, fraud or otherwise) of any nature 
whatsoever arising from or occasioned by or in consequence of (whether 
directly or indirectly and whether wholly or partly):
  (a) the failure or inability of any computer hardware, software, 
integrated circuit, chip or information technology equipment or system 
(whether in the possession of the Insured or of any third party) 
accurately or completely to process, exchange or transfer year, date 
or time data or information in connection with:
  Ð    the change of year from 1999 to 2000; and/or
  Ð    the change of date from 21 August 1999 to 22 August 1999; and/or
  Ð    any other change of year, date or time;
      whether on or before or after such change of year, date or time;
  (b) any implemented or attempted change or modification of any 
computer hardware, software, integrated circuit, chip or information 
technology equipment or system (whether in the possession of the 
Insured or of any third party) in anticipation of or in response to 
any such change of year, date or time, or any advice given or services 
performed in connection with any such change or modification;
  (c) any non-use or unavailability for use of any property or 
equipment of any kind whatsoever resulting from any act, failure to 
act or decision of the Insured or of any third party related to any 
such change of year, date or time;
and any provision in this Policy concerning any duty of Insurers to 
investigate or defend claims shall not apply to any claims so 
excluded.".


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- REG 6
6. Regulation 9 (Prescribed exclusions of insurer's liability)


  6.1 Paragraph 9 (2) (d):
Omit the paragraph.
Note The heading "DATE RECOGNITION EXCLUSION CLAUSE (AVN 2000)" and 
the text following it should be omitted from the Note following 
Schedule 1.


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- NOTE 1


NOTES
*1* Notified in the Commonwealth of Australia Gazette on 12 August 
1998.


CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 
1)
1998 No. 256
- NOTE 2


*2* Statutory Rules 1991 No. 6 as amended by 1994 No. 356; 1995 No. 
366; 1996 No. 240.