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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1961 - SECT 6

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1961 - SECT 6

6 .         Application of certain provisions of the Commonwealth Act 3

                The provisions of Parts IV and IVA of the Commonwealth Act (other than sections 27, 40, 41 and 41J(8)) and the provisions of the Commonwealth Regulations apply to and in relation to carriage to which this Act applies and matters connected with the carriage, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated —

            (a)         general references to Parts IV and 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 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;

                  (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.

        [Section 6 amended: No. 80 of 1996 s. 6.]