CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1961 - SECT 5 Application of provisions of Parts IV and IVA of Commonwealth Act

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1961 - SECT 5

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—

S. 5(a) amended by No. 100/1995 s. 20(c).

        (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

S. 5(d) amended by No. 100/1995 s. 20(d).

        (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.