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1
Civilaviation (Carriers' Liability) Amendment
CIVIL AVIATION (CARRIERS'
LIABILITY) AMENDMENT BILL 1996
EXPLANATORY NOTES
Statement of Policy Objective
The policy objective of the Bill is to make Queensland Law
complimentary to recently enacted Commonwealth Law in respect to a
minimum standard of liability insurance cover required to be held by
intrastate charter or regular public transport air service operators for
passengers in the event of death or injury arising from an aircraft accident.
Achievement of Policy Objective
The policy objective is to be achieved by amending the Queensland Civil
Aviation (Carriers' Liability) Act 1964 in the portfolio of the Minister for
Transport and Main Roads to reflect the following matters:--
· intrastate air service operators must compulsorily insure each
passenger carried for hire or reward for death or injury suffered
on an aircraft. [The minimum amount of cover required is
currently $180,000.00. The increase to $500,000.00 is to be
effected through a regulation amendment to be progressed jointly
with this Bill];
· payment of a passenger's claim in the case of death or injury is
not to be contingent upon the financial condition or solvency of
the air service operator, nor is it to be affected by air service
operators failure to comply with safety related requirements
imposed by the Commonwealth Civil Aviation (Carriers'
Liability) Act 1959 or any other relevant law;
· intrastate air service operators are guilty of an offence if they carry
passengers for hire or reward without appropriate liability
insurance cover;
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Civilaviation (Carriers' Liability) Amendment
· intrastate air service operators must provide evidence to the Civil
Aviation Safety Authority (CASA) that appropriate liability
insurance has been issued;
and
· CASA is responsible for the administration of the Act on behalf
of the Government.
This is considered to be the most reasonable and appropriate approach to
achieving the policy objective as development of the Bill requires
consultation with industry ensuring their interests are considered. Also,
while the Bill is to deliver national uniformity of legislation Queensland will
retain its right to make law divergent from the Commonwealth should it so
desire.
If Queensland were not to amend the Civil Aviation (Carriers' Liability) Act
1964 it would be the only State or Territory not to have complementary
laws with the Commonwealth. Queensland air travellers on intrastate air
services would suffer in not having access to as comprehensive an
insurance cover as their fellow Australians.
Estimated Costs for Government Implementation
No additional costs to government are anticipated.
Consistency with fundamental legislative principles
The provisions of the Bill are consistent with fundamental legislative
principles as set out in the Legislative Standards Act 1992.
Consultation
Prior to the Commonwealth amending its own laws, the Commonwealth
consulted with all aircraft operators and associations including General
Aviation Australia, and the Aircraft Owners and Pilots Association during
the development of its legislation.
Furthermore, since the Commonwealth legislation became operational in
January 1996, the Commonwealth and CASA have distributed information
packages to all Queensland air service operators, informing them of the new
requirements and also the intent of the State to introduce complementary
legislation by 1 September 1996.
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Civilaviation (Carriers' Liability) Amendment
In June this year, Queensland Transport wrote to all air service operators
informing them of the proposal to introduce new state requirements.
Results of Consultation
The proposed amendments have not been opposed.
Notes on Provisions
Clause 1 states that the Act is cited as the Civil Aviation (Carrier's
Liability) Amendment Bill 1996.
Clause 2(1) amends section 2 to insert a definition of "applied
provisions". This means the provisions of the Commonwealth Act and
Regulations apply under the Queensland Civil Aviation (Carriers' Liability)
Act 1964 as laws of this State.
Clause 2(2) amends the definition of the Commonwealth regulations by
inserting a reference Part 4 or Part 4A. This effectively adopts Part 4A of
the Commonwealth Act which contains the requirement that air service
operators possess insurance against liability for death or personal injury to
passengers.
Clause 2(3) provides for adoption of definitions made pursuant to the
Commonwealth Act.
Clause 3 omits the last paragraph of Section 4 and replaces it with a
redefined provision which states the Act does not apply to interstate air
services and or air services between Australia & overseas.
Clauses 4(1) and (2) amend Section 5 by correcting references to Part 4
in the State Act by adding Part 4A to that reference. This ensures proper
reference is made to the Commonwealth provisions on insurance.
Clauses 4(3) and (4) amend Section 5(1)(d) by ensuring that, where
applicable, a passenger receives compensation from the Workers'
Compensation Board of Queensland.
Clause 5 inserts new Sections 6A and 6B into the Act. These Sections
achieve the following respectively:
· Section 6A has the effect of ensuring the applied Commonwealth
Act provisions are administered and enforced as laws of the
Commonwealth rather than as laws of the State.
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Civilaviation (Carriers' Liability) Amendment
· Section 6B allows alternative arrangements to those mentioned in
Section 6A to be made. The alternative arrangements allow for
laws of the State to apply rather than laws of the Commonwealth
Clause 6 amends section 7 of the Act by ensuring that the Statutory
Instruments Act 1992 applies to a Commonwealth Regulation and by
amending the manner in which regulations pursuant to this Act are made.
© The State of Queensland 1996