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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
CIVIL AVIATION
(CARRIERS' LIABILITY)
AMENDMENT BILL 1996
Queensland
CIVIL AVIATION (CARRIERS'
LIABILITY) AMENDMENT BILL 1996
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Amendment of s 2 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 4 (Carriage to which Act applies) . . . . . . . . . . . . . . . . . . . 5
5 Amendment of s 5 (Application of provisions of pt 4 of
Commonwealth Act) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
6 Insertion of new ss 6A and 6B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6A Administration of the applied provisions as
Commonwealth laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
6B Alternative arrangements for administration of applied
provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Amendment of s 7 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1996
A BILL
FOR
An Act to amend the Civil Aviation (Carriers' Liability) Act 1964
s1 4 s3
Civil Aviation (Carriers' Liability) Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
Clause 1. This Act may be cited as the Civil Aviation (Carriers' Liability) 3
Amendment Bill 1996. 4
amended 5
Act
Clause 2. This Act amends the Civil Aviation (Carriers' Liability) Act 1964. 6
of s 2 (Interpretation) 7
Amendment
Clause 3.(1) Section 2(1), definitions "the Commonwealth Act" and "the 8
Commonwealth Regulations"-- 9
omit. 10
(2) Section 2(1)-- 11
insert-- 12
` "applied provisions" means the provisions of the Commonwealth Act 13
and the Commonwealth Regulations as they apply under this Act as 14
laws of the State. 15
"Commonwealth Act" means the Civil Aviation (Carriers' Liability) Act 16
1959 (Cwlth). 17
"Commonwealth Regulations" means the regulations in force under the 18
Commonwealth Act for the purposes of part 4 or 4A of the 19
Commonwealth Act, other than regulations made for the purposes of 20
section 41 of the Commonwealth Act.'. 21
(3) Section 2(2), `sections 5 and 26'-- 22
omit, insert-- 23
`sections 5, 26 and 41B'. 24
s4 5 s5
Civil Aviation (Carriers' Liability) Amendment
of s 4 (Carriage to which Act applies) 1
Amendment
Clause 4.(1) Section 4, from `not being carriage' to `Guadalajara Convention, 2
applies'. 3
omit. 4
(2) Section 4-- 5
insert-- 6
`(2) However, this Act does not apply to-- 7
(a) carriage to which part 4 of the Commonwealth Act applies; or 8
(b) carriage to which the Warsaw Convention, the Hague Protocol or 9
the Guadalajara Convention applies; or 10
(c) carriage to which the provisions of another convention, protocol 11
or treaty apply if the provisions have the force of law under the 12
Commonwealth Act and are prescribed for the purposes of this 13
paragraph by a regulation under this Act.'. 14
of s 5 (Application of provisions of Pt 4 of 15
Amendment
Commonwealth Act) 16
Clause 5.(1) Section 5, heading, `Pt 4'-- 17
omit, insert-- 18
`pts 4 and 4A'. 19
(2) Section 5(1), `Part 4 of the Commonwealth Act (other than 20
sections 27, 40 and 41)'-- 21
omit, insert-- 22
`parts 4 and 4A of the Commonwealth Act (other than sections 27, 40, 23
41 and 41J(8))'. 24
(3) Section 5(1)(d), `section 31 of'-- 25
omit. 26
(4) Section 5(1)(e)-- 27
omit, insert-- 28
s6 6 s6
Civil Aviation (Carriers' Liability) Amendment
`(e) for a passenger for whom compensation is paid out of the 1
Workers' Compensation Fund under the Workers' 2
Compensation Act 1990--the reference in section 37 of the 3
Commonwealth Act to the employer of the passenger were a 4
reference to the Workers' Compensation Board.'. 5
of new ss 6A and 6B 6
Insertion
Clause 6. After section 6-- 7
insert-- 8
of the applied provisions as Commonwealth laws 9
`Administration
`6A.(1) It is Parliament's intention that the applied provisions should be 10
administered and enforced as if they were provisions applying as laws of 11
the Commonwealth instead of being provisions applying as laws of the 12
State. 13
`(2) To that end-- 14
(a) Commonwealth authorities have the same powers to enforce the 15
applied provisions as they have to enforce the Commonwealth 16
Act and the Commonwealth Regulations; and 17
(b) the laws of the Commonwealth apply to offences against the 18
applied provisions as if they were offences against the 19
Commonwealth Act or the Commonwealth Regulations; and 20
(c) the laws of the State do not apply to offences against the applied 21
provisions. 22
`(3) In applying the applied provisions under this Act, any function or 23
power conferred on a Commonwealth authority under those provisions 24
may be exercised or performed (in respect of carriage to which this Act 25
applies and matters connected with that carriage) by that Commonwealth 26
authority. 27
arrangements for administration of applied provisions 28
`Alternative
`6B.(1) A regulation may provide that-- 29
(a) any or all of the provisions of section 6A do not have effect; and 30
s7 7 s7
Civil Aviation (Carriers' Liability) Amendment
(b) any or all of the functions or powers conferred on a 1
Commonwealth authority under the applied provisions may be 2
exercised or performed by a person or authority specified in the 3
regulation. 4
`(2) To the extent that, because of a regulation under subsection (1), the 5
laws of the Commonwealth do not apply to an offence against the applied 6
provisions, the offence is to be regarded as an indictable offence under the 7
laws of the State, but may, with the consent of the prosecutor and 8
defendant, be dealt with summarily.'. 9
of s 7 (Regulations) 10
Amendment
Clause 7.(1) Section 7(1) and (1A)-- 11
omit, insert-- 12
`7.(1) The Governor in Council may make regulations under this Act.'. 13
(2) Section 7(2), from "The Governor" to "prescribing"-- 14
omit, insert-- 15
`A regulation may prescribe'. 16
(3) Section 7(3)-- 17
omit. 18
(4) Section 7(4)-- 19
omit. 20
(5) Section 7(5)-- 21
renumber as subsection (3). 22
(6) After section 7(3) as renumbered-- 23
insert-- 24
`(4) The Statutory Instruments Act 1992, sections 49 and 501 apply to a 25
Commonwealth Regulation made after the commencement of this 26
subsection as if-- 27
1 Section 49 (Subordinate legislation must be tabled)
Section 50 (Disallowance)
s7 8 s7
Civil Aviation (Carriers' Liability) Amendment
(a) the Commonwealth Regulation were subordinate legislation; and 1
(b) the reference in section 49(1) to the gazette were a reference to the 2
Commonwealth gazette; and 3
(c) a reference to subordinate legislation ceasing to have effect were a 4
reference to the regulation ceasing to have effect by virtue of this 5
Act.'. 6
7
© State of Queensland 1996
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