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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
CIVIL AVIATION (CARRIERS' LIABILITY)
AMENDMENT BILL (No. 2) 2002
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CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 2 amended (Interpretation)
5. Section 5A inserted
5A. Administration of Commonwealth/State scheme
as Commonwealth Act
[Bill 59]-IV
2
CIVIL AVIATION (CARRIERS' LIABILITY)
AMENDMENT BILL (No. 2) 2002
(Brought in by the Minister for Infrastructure, the
Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Civil Aviation (Carriers'
Liability) Act 1963
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Civil Aviation (Carriers'
Liability) Amendment Act 2002.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
Principal Act
3. In this Act, the Civil Aviation (Carriers' Liability) Act
1963* is referred to as the Principal Act.
*No. 6 of 1963
[Bill 59] 3
s. 4 No. Civil Aviation (Carriers' Liability) 2002
Amendment (No. 2)
Section 2 amended (Interpretation)
4. Section 2(1) of the Principal Act is amended as follows:
(a) by inserting the following definition before the
definition of "Commonwealth Act":
"applied provisions" means the
provisions of the Commonwealth
Act as they apply under this Act as
a law of this State;
(b) by inserting the following definition after the
definition of "Commonwealth Act":
"Commonwealth authority" means
an authority or officer of the
Commonwealth;
(c) by omitting "section 41 of that Act." from the
definition of "Commonwealth Regulations" and
substituting "section 41 of that Act;";
(d) by inserting the following definitions after the
definition of "Commonwealth Regulations":
"Commonwealth/State scheme"
means
(a) the Commonwealth Act; and
(b) the provisions of the
Commonwealth Act as
applied by this Act and the
corresponding legislation of
other States;
"State" includes a Territory;
"State authority" means an authority
or officer of this State.
4
2002 Civil Aviation (Carriers' Liability) No. s. 5
Amendment (No. 2)
Section 5A inserted
5. After section 5 of the Principal Act, the following
section is inserted:
Administration of Commonwealth/State
scheme as Commonwealth Act
5A. (1) It is the intention of the Parliament that the
Commonwealth/State scheme, to the extent it
operates by force of this Act, should be administered
and enforced in the same way as the Commonwealth
Act and the Commonwealth Regulations.
(2) To that end
(a) Commonwealth authorities have the
same powers to enforce the applied
provisions as they have to enforce the
Commonwealth Act and the
Commonwealth Regulations; and
(b) the laws of the Commonwealth apply as
laws of this State to offences against the
applied provisions as if they were
offences against the Commonwealth Act
or the Commonwealth Regulations and
not offences against the laws of this
State.
(3) For the purposes of this section, a reference
in a Commonwealth law to a provision of that or
another Commonwealth law is taken to be a
reference to that provision as applying by virtue of
this section.
(4) Without limiting subsection (2)(b), the laws
of the Commonwealth that apply to offences against
the applied provisions under that subsection are
taken to include the following Acts (including an Act
5
s. 5 No. Civil Aviation (Carriers' Liability) 2002
Amendment (No. 2)
enacted in substitution for one of the following Acts),
as amended from time to time:
(a) Acts Interpretation Act 1901;
(b) Crimes Act 1914;
(c) Director of Public Prosecutions Act 1983;
(d) Evidence Act 1995.
(5) Nothing in this Act
(a) derogates from the powers of State
authorities to enforce the applied
provisions; or
(b) imposes a duty on Commonwealth
authorities to enforce the applied
provisions.
(6) Without limiting the generality of
subsection (5)(a)
(a) the Minister may apply to a court of
competent jurisdiction for an injunction
restraining a carrier from engaging in
prohibited carriage; and
(b) for that purpose, a reference in section
41J of the Commonwealth Act, as
applied and incorporated in this Act, to a
Commonwealth authority is taken to
include a reference to the Minister.
6 Government Printer, Tasmania