Application of provisions of pts 4 and 4A of Commonwealth Act
5 Application of provisions of pts 4 and 4A of Commonwealth Act
(1) The provisions of parts 4 and 4A of the Commonwealth Act (other than
sections 27 , 40 , 41 and 41J (8) ) and subject to any regulations made by the
Governor in Council pursuant to section 7of this Act
the approved provisions of the Commonwealth Regulations shall apply to and in
relation to carriage to which this Act applies, and matters connected with
such carriage, as if those provisions were incorporated in this Act and as if,
in those provisions as so incorporated—
(a) general references to part 4 of
the Commonwealth Act were references to this Act; and
(b) a reference in 1 of
those provisions to another of those provisions were a reference to that other
provision as applying by virtue of this Act; and
(c) the reference in section
29 (5) of the Commonwealth Act to carriage referred to in section 27 (4) of
the Commonwealth Act were a reference to the carriage of a passenger where—
(i) the carriage of the passenger between 2 places was to be performed by 2 or
more carriers in successive stages; and
(ii) the carriage has been regarded
by the parties as a single operation, whether it has been agreed upon by a
single contract or by 2 or more contracts; and
(iii) this Act would have
applied to that carriage if it had been performed by a single carrier under a
single contract; and
(d) the references in the Commonwealth Act to the
regulations relating to certain matters were references to the provisions of
the Commonwealth Regulations relating to those matters as applying by virtue
of this Act; and
(e) for a passenger for whom compensation is paid under the
Workers’ Compensation and Rehabilitation Act 2003— the reference in the
Commonwealth Act, section 37 to the passenger’s employer were a reference to
an insurer.
(2) In this section—
"insurer" means an insurer under the Workers’ Compensation and
Rehabilitation Act 2003 .
"the approved provisions of the Commonwealth Regulations" means all such
provisions of the Commonwealth Regulations as the Governor in Council (who is
hereby thereunto authorised) by notice published in the gazette approves for
the purposes of this Act.
