Victorian Consolidated Legislation

Civil Aviation (Carriers' Liability) Act 1961 - SECT 5

Application of provisions of Parts IV and IVA of Commonwealth Act

5. Application of provisions of Parts IV and IVA of Commonwealth Act

The provisions of Parts IV and IVA of the Commonwealth Act (other than
sections twenty-seven, forty and forty-one) and subject to any regulations
made by the Governor in Council pursuant to section seven of this Act the
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 IV or IVA of the Commonwealth Act were
        references to this Act;

   (b)  a reference in one of those provisions to another of those provisions
        were a reference to that other provision as applying by virtue of this
        Act;

   (c)  the reference in subsection (5) of section twenty-nine of the
        Commonwealth Act to carriage referred to in subsection (4) of section
        twenty-seven of the Commonwealth Act were a reference to the carriage
        of a passenger where-

   (i)  the carriage of the passenger between two places was to be performed
        by two or more carriers in successive stages;

   (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 two 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 section 31, 41C(2)(b) and 41D of 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.