{"id":"C1959A00002","name":"Civil Aviation (Carriers' Liability) Act 1959","slug":"civil-aviation-carriers-liability-act-1959","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"2 of 1959","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":1465,"registerId":"C2021C00236","compilationNumber":"30","startDate":"2021-06-17","status":"InForce","reasons":[{"affect":"Amend","markdown":"sch 1 (items 3-24, 26-30) of the [Aviation Legislation Amendment (Liability and Insurance) Act 2020](/C2020A00148)","dateChanged":null,"amendedByTitle":null,"affectedByTitle":{"name":"Aviation Legislation Amendment (Liability and Insurance) Act 2020","year":2020,"number":148,"titleId":"C2020A00148","provisions":"sch 1 (items 3-24, 26-30)","seriesType":"Act","optionalSeriesNumber":null}}],"registeredAt":"2021-06-23T15:28:33.653Z"},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n  This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  (1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation","content":"#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the Territories.\n\n> Australian person means:\n\n    (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n    (b) the Commonwealth, a State or a Territory; or\n    (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n    (d) a Commonwealth, State or Territory authority; or\n    (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n    (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n    (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n    (h) a body corporate that:\n    (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n    (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n    (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> family member has the meaning given by subsections (2) and (3).\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n> SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n> the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:\n\n    (a) any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and\n    (b) any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.\n\n> the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.\n\n> the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.\n\n> the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.\n\n> the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.\n\n> the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.\n\n  Meaning of family member\n  (2) For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:\n    (a) is the passenger’s spouse or de facto partner; or\n    (b) is a parent, step‑parent or grandparent of the passenger; or\n    (c) is a child, step‑child, ward or grandchild of the passenger; or\n    (d) is a sibling, step‑brother, step‑sister, half‑brother or half‑sister of the passenger; or\n    (e) is wholly or partly dependent on the passenger for financial support and is:\n    (i) a foster‑sibling of the passenger; or\n    (ii) a foster‑child of the passenger; or\n    (iii) a guardian of the passenger; or\n    (f) falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.\n  (3) Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:\n    (a) ex‑nuptial relationships; and\n    (b) relationships by adoption; and\n    (c) relationships of child and parent that arise because of the definitions of child and parent in this section; and\n    (d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).","sortOrder":3},{"sectionNumber":"5A","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 5A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Extension to Territories","content":"#### 6 Extension to Territories\n\n  This Act extends to every Territory.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Act to bind Crown","content":"#### 7 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Texts of Conventions","content":"#### 8 Texts of Conventions\n\n  (1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:\n    (a) Schedule 1—the Warsaw Convention;\n    (b) Schedule 2—the Warsaw Convention as amended at The Hague;\n    (c) Schedule 3—the Guadalajara Convention;\n    (e) Schedule 5—the Montreal No. 4 Convention.\n  (2) If there is any inconsistency between the text of a Convention, other than the 1999 Montreal Convention, as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.\n  (3) A certificate signed by the Secretary of the Foreign Affairs Department that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol or the Montreal Protocol No. 4 is prima facie evidence that the document is such a true copy.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Conversion of SDR to Australian dollars","content":"#### 9 Conversion of SDR to Australian dollars\n\n  In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.","sortOrder":8},{"sectionNumber":"Part IA","sectionType":"part","heading":"Carriage to which the 1999 Montreal Convention applies","content":"## Part IA—Carriage to which the 1999 Montreal Convention applies","sortOrder":9},{"sectionNumber":"9A","sectionType":"section","heading":"Definitions","content":"#### 9A Definitions\n\n  In this Part:\n\n> the Convention means the 1999 Montreal Convention as having the force of law because of section 9B.","sortOrder":10},{"sectionNumber":"9B","sectionType":"section","heading":"The 1999 Montreal Convention to have force of law","content":"#### 9B The 1999 Montreal Convention to have force of law\n\n  Subject to this Part, the 1999 Montreal Convention has the force of law in Australia in relation to any carriage by air to which the 1999 Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.","sortOrder":11},{"sectionNumber":"9C","sectionType":"section","heading":"Limitation of liability for Australian international carriers","content":"#### 9C Limitation of liability for Australian international carriers\n\n  (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.\n  (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.\n  (3) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n> relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.\n\n> Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.","sortOrder":12},{"sectionNumber":"9D","sectionType":"section","heading":"Liability in respect of death","content":"#### 9D Liability in respect of death\n\n  Liability\n  (1) This section applies in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger or in respect of the injury that has resulted in the death of a passenger.\n  (2) Subject to section 9F, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to subsection (4), the liability is enforceable for the benefit of any of the passenger’s family members who sustained damage because of the passenger’s death.\n  (4) The liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative to the extent that the damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; or\n    (b) funeral, medical or hospital expenses paid or incurred by the passenger before the passenger’s death or by the passenger’s personal representative.\n  Action\n  (5) An action to enforce the liability may be brought by:\n    (a) the personal representative of the passenger; or\n    (b) by a person for whose benefit the liability is, under this section, enforceable;\n  but only one action may be brought in Australia in respect of the death of any one passenger.\n  (6) The action to enforce the liability must be for the benefit of all people for whose benefit the liability is enforceable who:\n    (a) are resident in Australia; or\n    (b) not being resident in Australia, express the desire to take the benefit of the action.\n  Damages\n  (7) The damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; and\n    (b) the reasonable expenses of the funeral of the passenger; and\n    (c) medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n\n> Note: However, certain types of damages may not be recoverable under Article 29 of the Convention.\n\n  (9) Subject to subsection (10), the amount recovered in the action, after deducting any costs not recovered from the defendant, must be divided among the people entitled in the proportions the court (or, where the action is tried with a jury, the jury) directs.\n  Orders\n  (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:\n    (a) the provisions of the Convention limiting the liability of the carrier; and\n    (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  Costs\n  (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.","sortOrder":13},{"sectionNumber":"9E","sectionType":"section","heading":"Liability in respect of injury","content":"#### 9E Liability in respect of injury\n\n  Subject to section 9F, the liability of a carrier under the Convention, in respect of personal injury suffered by a passenger that has not resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.","sortOrder":14},{"sectionNumber":"9F","sectionType":"section","heading":"Certain liabilities not excluded","content":"#### 9F Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part is to be taken to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory relating to workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by, or in accordance with, the Convention.","sortOrder":15},{"sectionNumber":"9G","sectionType":"section","heading":"Proceeds of insurance policies etc.","content":"#### 9G Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:\n    (a) any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;\n    (b) any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;\n    (c) any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;\n    (e) in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.","sortOrder":16},{"sectionNumber":"9H","sectionType":"section","heading":"Contributory negligence","content":"#### 9H Contributory negligence\n\n  (1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:\n    (a) sustained in the case of death or bodily injury of a passenger; or\n    (b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or\n    (c) sustained in the event of the destruction or loss of, or damage to, cargo; or\n    (d) occasioned by delay in the carriage by air of a passenger, a passenger’s baggage, or cargo;\n  the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.\n  (2) The court must determine the damages that would have been recoverable if:\n    (a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and\n    (b) there had been no negligence on the part of the passenger or consignor.\n  (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (4) If the damages, as reduced in accordance with subsection (3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.\n  (5) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).","sortOrder":17},{"sectionNumber":"9J","sectionType":"section","heading":"Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air","content":"#### 9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air\n\n  (1) If, at a particular time, an action under the Convention is brought in a court in Australia to enforce a claim in respect of carriage undertaken by a State Party to the 1999 Montreal Convention, the State Party is taken to have submitted to the jurisdiction of the court, unless:\n    (a) the action relates to carriage that is the subject of a declaration by the State Party under Article 57 of the 1999 Montreal Convention; and\n    (b) the declaration is in effect at that time.\n  (2) Nothing in this section authorises the issue of execution against the property of a State Party to the 1999 Montreal Convention.","sortOrder":18},{"sectionNumber":"9K","sectionType":"section","heading":"Evidence of certain matters","content":"#### 9K Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, declare that:\n    (a) a State Party specified in the notice has or has not taken any action referred to in Article 53, 54, 56 or 57 of the 1999 Montreal Convention and the particulars of any action so taken; or\n    (b) a revision of the limits of liability, in accordance with Article 24 of the 1999 Montreal Convention, has become effective and the particulars of the revision.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice made under subsection (1) is not a legislative instrument.","sortOrder":19},{"sectionNumber":"9L","sectionType":"section","heading":"Jurisdiction of State courts preserved","content":"#### 9L Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.","sortOrder":20},{"sectionNumber":"Part II","sectionType":"part","heading":"Carriage to which the Warsaw Convention and the Hague Protocol apply","content":"## Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply","sortOrder":21},{"sectionNumber":"10","sectionType":"section","heading":"Definition","content":"#### 10 Definition\n\n  In this Part:\n\n> the Convention means the Warsaw Convention as amended at The Hague.","sortOrder":22},{"sectionNumber":"11","sectionType":"section","heading":"Convention to have force of law","content":"#### 11 Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.","sortOrder":23},{"sectionNumber":"11A","sectionType":"section","heading":"Limitation of liability for Australian international carriers","content":"#### 11A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Liability in respect of death","content":"#### 12 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  (11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.","sortOrder":25},{"sectionNumber":"13","sectionType":"section","heading":"Liability in respect of injury","content":"#### 13 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.","sortOrder":26},{"sectionNumber":"14","sectionType":"section","heading":"Certain liabilities not excluded","content":"#### 14 Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.","sortOrder":27},{"sectionNumber":"15","sectionType":"section","heading":"Proceeds of insurance policies etc.","content":"#### 15 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.","sortOrder":28},{"sectionNumber":"16","sectionType":"section","heading":"Contributory negligence","content":"#### 16 Contributory negligence\n\n  (1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.\n  (2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.\n  (3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.\n  (4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.\n  (6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).","sortOrder":29},{"sectionNumber":"17","sectionType":"section","heading":"Actions against Parties to the Convention who undertake carriage by air","content":"#### 17 Actions against Parties to the Convention who undertake carriage by air\n\n  (1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.\n  (2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.","sortOrder":30},{"sectionNumber":"18","sectionType":"section","heading":"Evidence of certain matters","content":"#### 18 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;\n    (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;\n    (c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;\n    (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;\n    (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or\n    (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.","sortOrder":31},{"sectionNumber":"19","sectionType":"section","heading":"Jurisdiction of State courts preserved","content":"#### 19 Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.","sortOrder":32},{"sectionNumber":"Part III","sectionType":"part","heading":"Carriage to which the Warsaw Convention without the Hague Protocol applies","content":"## Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies","sortOrder":33},{"sectionNumber":"20","sectionType":"section","heading":"Interpretation","content":"#### 20 Interpretation\n\n  (1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.\n  (2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.","sortOrder":34},{"sectionNumber":"21","sectionType":"section","heading":"Provisions of Convention to have force of law","content":"#### 21 Provisions of Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.","sortOrder":35},{"sectionNumber":"21A","sectionType":"section","heading":"Limitation of liability for Australian international carriers","content":"#### 21A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.","sortOrder":36},{"sectionNumber":"22","sectionType":"section","heading":"Evidence of certain matters","content":"#### 22 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the High Contracting Parties to the Convention;\n    (b) the territory in respect of which any such Party is bound by the Convention; and\n    (c) the extent (if any) to which any Party has availed itself of the provisions of the Additional Protocol to the Convention.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection(3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.","sortOrder":37},{"sectionNumber":"23","sectionType":"section","heading":"Conversion of francs","content":"#### 23 Conversion of francs\n\n  Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.","sortOrder":38},{"sectionNumber":"24","sectionType":"section","heading":"Adoption of certain provisions of Part II","content":"#### 24 Adoption of certain provisions of Part II\n\n  The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.","sortOrder":39},{"sectionNumber":"24A","sectionType":"section","heading":"Jurisdiction of State courts preserved","content":"#### 24A Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.","sortOrder":40},{"sectionNumber":"25","sectionType":"section","heading":"Duration of Part","content":"#### 25 Duration of Part\n\n  (1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.\n  (2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed.","sortOrder":41},{"sectionNumber":"Part IIIA","sectionType":"part","heading":"Carriage to which the Guadalajara Convention applies","content":"## Part IIIA—Carriage to which the Guadalajara Convention applies","sortOrder":42},{"sectionNumber":"25A","sectionType":"section","heading":"Provisions of Convention to have force of law","content":"#### 25A Provisions of Convention to have force of law\n\n  The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.","sortOrder":43},{"sectionNumber":"25B","sectionType":"section","heading":"Modification of Parts II and III","content":"#### 25B Modification of Parts II and III\n\n  In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.","sortOrder":44},{"sectionNumber":"25C","sectionType":"section","heading":"Evidence of certain matters","content":"#### 25C Evidence of certain matters\n\n  (1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.\n  (2) A notice in force under this section is prima facie evidence of the matters specified in the notice.","sortOrder":45},{"sectionNumber":"Part IIIC","sectionType":"part","heading":"Carriage to which the Montreal No. 4 Convention applies","content":"## Part IIIC—Carriage to which the Montreal No. 4 Convention applies","sortOrder":46},{"sectionNumber":"25J","sectionType":"section","heading":"Interpretation","content":"#### 25J Interpretation\n\n  In this Part:\n\n> the Convention means the Montreal No. 4 Convention.","sortOrder":47},{"sectionNumber":"25K","sectionType":"section","heading":"Effect of Convention in Australia","content":"#### 25K Effect of Convention in Australia\n\n  (1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.","sortOrder":48},{"sectionNumber":"25L","sectionType":"section","heading":"Application of certain provisions of Part IV","content":"#### 25L Application of certain provisions of Part IV\n\n  Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:\n    (a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and\n    (b) any other reference to Part IV is taken to be a reference to the Convention.","sortOrder":49},{"sectionNumber":"25M","sectionType":"section","heading":"Jurisdiction of State courts preserved","content":"#### 25M Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.","sortOrder":50},{"sectionNumber":"25N","sectionType":"section","heading":"Evidence of certain matters","content":"#### 25N Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the Parties to the Convention; and\n    (b) the territory in respect of which any Party is bound by the Convention; and\n    (c) the extent to which any Party has availed itself of a reservation permitted by the Convention.\n  (2) A notice under this section is prima facie evidence of the matters declared.","sortOrder":51},{"sectionNumber":"Part IV","sectionType":"part","heading":"Other carriage to which this Act applies","content":"## Part IV—Other carriage to which this Act applies","sortOrder":52},{"sectionNumber":"26","sectionType":"section","heading":"Interpretation","content":"#### 26 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> airline licence means:\n\n    (a) an international airline licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.\n\n> baggage, in relation to a passenger, means:\n\n    (a) registered baggage; or\n    (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.\n\n> charter licence means:\n\n    (a) a charter licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> contract includes an arrangement made without consideration.\n\n> domestic carrier means a carrier operating a flight for the carriage of passengers:\n\n    (a) between a place in a State and a place in another State; or\n    (b) between a place in a Territory and a place in Australia outside that Territory; or\n    (c) between a place in a Territory and another place in that Territory;\n  other than carriage to which Part IA, II or III applies.\n\n> registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.\n\n> the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.\n\n  (1A) If an Air Operator’s Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section 41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.\n  (2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.","sortOrder":53},{"sectionNumber":"27","sectionType":"section","heading":"Application of Part","content":"#### 27 Application of Part\n\n  (1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:\n    (a) between a place in a State and a place in another State;\n    (b) between a place in a Territory and a place in Australia outside that Territory;\n    (c) between a place in a Territory and another place in that Territory; or\n    (d) between a place in Australia and a place outside Australia;\n  not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.\n  (3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.\n  (4) For the purposes of this section, where:\n    (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;\n    (b) 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\n    (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;\n  this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.","sortOrder":54},{"sectionNumber":"28","sectionType":"section","heading":"Liability of the carrier for death or injury","content":"#### 28 Liability of the carrier for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any bodily injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.","sortOrder":55},{"sectionNumber":"29","sectionType":"section","heading":"Liability of the carrier in respect of baggage","content":"#### 29 Liability of the carrier in respect of baggage\n\n  (1) Where this Part applies to the carriage of a passenger, the carrier is liable under this Part, and not otherwise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that the carrier and the carrier’s servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for the carrier or them to take such measures.\n  (2) For the purposes of the last preceding subsection but subject to the next succeeding subsection, the period of the carriage by air comprises:\n    (a) in relation to baggage other than registered baggage—the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and\n    (b) in relation to registered baggage—the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere.\n  (3) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours.\n  (4) In the application of section 39 in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he or she was not responsible for the damage.\n  (5) Where, in relation to carriage referred to in subsection (4) of section 27, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers (other than a carrier who proves that the baggage was not in the carrier’s charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability.","sortOrder":56},{"sectionNumber":"30","sectionType":"section","heading":"Complaint to be made in respect of baggage","content":"#### 30 Complaint to be made in respect of baggage\n\n  (1) For the purposes of an action under this Part, evidence proving receipt of registered baggage, without complaint, by the person entitled to delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.\n  (2) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his or her behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed:\n    (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage—within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be;\n    (b) in the case of loss or destruction of the whole of an item of registered baggage—within the period of twenty‑one days from the date on which the baggage should have been placed at the disposal of the passenger; or\n    (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage—within the period of three days from the date on which the carriage of the passenger ended.\n  (3) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding subsection within the time fixed by that subsection, where the court is satisfied that it is just and equitable to do so by reason of special circumstances.\n  (4) Subsection (2) does not apply in relation to an action in respect of which leave has been granted under the last preceding subsection.","sortOrder":57},{"sectionNumber":"31","sectionType":"section","heading":"Limitation of liability","content":"#### 31 Limitation of liability\n\n  (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or\n    (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified.\n  (1AA) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (1B) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or\n    (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;\n    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (2A) The amount applicable under this subsection is:\n    (a) $3,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or\n    (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation;\n    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (4) The amount applicable under this subsection is:\n    (a) $300, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.","sortOrder":58},{"sectionNumber":"32","sectionType":"section","heading":"Contracting out","content":"#### 32 Contracting out\n\n  (1) Any provision of an agreement tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage.\n  (2) The last preceding subsection does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried.","sortOrder":59},{"sectionNumber":"33","sectionType":"section","heading":"Servants and agents of carrier","content":"#### 33 Servants and agents of carrier\n\n  (1) If an action in respect of any damage is brought against a servant or agent of a carrier, the servant or agent, if he or she proves that he or she acted within the scope of his or her employment or authority, is entitled to avail himself or herself of the conditions of liability, and the limits of liability, that the carrier would be entitled to invoke under this Part in an action against the carrier in respect of that damage.\n  (2) The aggregate of the amounts recoverable from the carrier, the carrier’s servants and agents shall not exceed the limits referred to in subsection (1).\n  (3) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in section 34.","sortOrder":60},{"sectionNumber":"34","sectionType":"section","heading":"Limitation of actions","content":"#### 34 Limitation of actions\n\n  The right of a person to damages under this Part is extinguished if an action is not brought by him or her or for his or her benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination;\n    (a) the date on which the aircraft ought to have arrived at the destination; or\n    (b) the date on which the carriage stopped;\n  whichever is the later.","sortOrder":61},{"sectionNumber":"35","sectionType":"section","heading":"Liability in respect of death","content":"#### 35 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 37, the liability under this Part is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.","sortOrder":62},{"sectionNumber":"36","sectionType":"section","heading":"Liability in respect of injury","content":"#### 36 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.","sortOrder":63},{"sectionNumber":"37","sectionType":"section","heading":"Certain liabilities not excluded","content":"#### 37 Certain liabilities not excluded\n\n  Nothing in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part.","sortOrder":64},{"sectionNumber":"38","sectionType":"section","heading":"Proceeds of insurance policies etc.","content":"#### 38 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under this Part there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he or she had lived beyond the time at which he or she died.","sortOrder":65},{"sectionNumber":"39","sectionType":"section","heading":"Contributory negligence","content":"#### 39 Contributory negligence\n\n  (1) If, in an action against a carrier under this Part, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section.\n  (2) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger.\n  (3) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger in the responsibility for the damage.\n  (4) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with this Part, the court shall further reduce the damages to that maximum amount.\n  (5) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).","sortOrder":66},{"sectionNumber":"40","sectionType":"section","heading":"Regulations relating to passenger tickets and baggage checks","content":"#### 40 Regulations relating to passenger tickets and baggage checks\n\n  The regulations may make provision relating to passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being provision for:\n    (a) the circumstances in which such tickets and checks must be issued by carriers;\n    (b) matters to be included in such tickets and checks; and\n    (c) the non‑application of a provision of section 31 (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regulations relating to the issue, form and contents of such tickets or checks have not been complied with.","sortOrder":67},{"sectionNumber":"41","sectionType":"section","heading":"Application of Part to cargo","content":"#### 41 Application of Part to cargo\n\n  The regulations may provide for applying, with such exceptions, adaptations and modifications as are prescribed, the provisions of the 1999 Montreal Convention and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the 1999 Montreal Convention shall have the effect of limiting the liability of the carrier to a sum less than the sum to which the carrier’s liability would be limited if those provisions were applied without adaptation or modification.","sortOrder":68},{"sectionNumber":"Part IVA","sectionType":"part","heading":"Carriers to be insured against liability to passengers for death or personal injury","content":"An Act relating to Carriage by Air\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.\n\n#### 2 Commencement\n\n  (1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the Territories.\n\n> Australian person means:\n\n    (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n    (b) the Commonwealth, a State or a Territory; or\n    (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n    (d) a Commonwealth, State or Territory authority; or\n    (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n    (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n    (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n    (h) a body corporate that:\n    (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n    (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n    (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> family member has the meaning given by subsections (2) and (3).\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n> SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n> the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:\n\n    (a) any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and\n    (b) any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.\n\n> the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.\n\n> the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.\n\n> the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.\n\n> the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.\n\n> the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.\n\n  Meaning of family member\n  (2) For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:\n    (a) is the passenger’s spouse or de facto partner; or\n    (b) is a parent, step‑parent or grandparent of the passenger; or\n    (c) is a child, step‑child, ward or grandchild of the passenger; or\n    (d) is a sibling, step‑brother, step‑sister, half‑brother or half‑sister of the passenger; or\n    (e) is wholly or partly dependent on the passenger for financial support and is:\n    (i) a foster‑sibling of the passenger; or\n    (ii) a foster‑child of the passenger; or\n    (iii) a guardian of the passenger; or\n    (f) falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.\n  (3) Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:\n    (a) ex‑nuptial relationships; and\n    (b) relationships by adoption; and\n    (c) relationships of child and parent that arise because of the definitions of child and parent in this section; and\n    (d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 6 Extension to Territories\n\n  This Act extends to every Territory.\n\n#### 7 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.\n\n#### 8 Texts of Conventions\n\n  (1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:\n    (a) Schedule 1—the Warsaw Convention;\n    (b) Schedule 2—the Warsaw Convention as amended at The Hague;\n    (c) Schedule 3—the Guadalajara Convention;\n    (e) Schedule 5—the Montreal No. 4 Convention.\n  (2) If there is any inconsistency between the text of a Convention, other than the 1999 Montreal Convention, as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.\n  (3) A certificate signed by the Secretary of the Foreign Affairs Department that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol or the Montreal Protocol No. 4 is prima facie evidence that the document is such a true copy.\n\n#### 9 Conversion of SDR to Australian dollars\n\n  In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.\n\n## Part IA—Carriage to which the 1999 Montreal Convention applies\n\n#### 9A Definitions\n\n  In this Part:\n\n> the Convention means the 1999 Montreal Convention as having the force of law because of section 9B.\n\n#### 9B The 1999 Montreal Convention to have force of law\n\n  Subject to this Part, the 1999 Montreal Convention has the force of law in Australia in relation to any carriage by air to which the 1999 Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n\n#### 9C Limitation of liability for Australian international carriers\n\n  (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.\n  (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.\n  (3) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n> relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.\n\n> Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.\n\n#### 9D Liability in respect of death\n\n  Liability\n  (1) This section applies in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger or in respect of the injury that has resulted in the death of a passenger.\n  (2) Subject to section 9F, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to subsection (4), the liability is enforceable for the benefit of any of the passenger’s family members who sustained damage because of the passenger’s death.\n  (4) The liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative to the extent that the damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; or\n    (b) funeral, medical or hospital expenses paid or incurred by the passenger before the passenger’s death or by the passenger’s personal representative.\n  Action\n  (5) An action to enforce the liability may be brought by:\n    (a) the personal representative of the passenger; or\n    (b) by a person for whose benefit the liability is, under this section, enforceable;\n  but only one action may be brought in Australia in respect of the death of any one passenger.\n  (6) The action to enforce the liability must be for the benefit of all people for whose benefit the liability is enforceable who:\n    (a) are resident in Australia; or\n    (b) not being resident in Australia, express the desire to take the benefit of the action.\n  Damages\n  (7) The damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; and\n    (b) the reasonable expenses of the funeral of the passenger; and\n    (c) medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n\n> Note: However, certain types of damages may not be recoverable under Article 29 of the Convention.\n\n  (9) Subject to subsection (10), the amount recovered in the action, after deducting any costs not recovered from the defendant, must be divided among the people entitled in the proportions the court (or, where the action is tried with a jury, the jury) directs.\n  Orders\n  (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:\n    (a) the provisions of the Convention limiting the liability of the carrier; and\n    (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  Costs\n  (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.\n\n#### 9E Liability in respect of injury\n\n  Subject to section 9F, the liability of a carrier under the Convention, in respect of personal injury suffered by a passenger that has not resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 9F Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part is to be taken to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory relating to workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by, or in accordance with, the Convention.\n\n#### 9G Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:\n    (a) any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;\n    (b) any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;\n    (c) any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;\n    (e) in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.\n\n#### 9H Contributory negligence\n\n  (1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:\n    (a) sustained in the case of death or bodily injury of a passenger; or\n    (b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or\n    (c) sustained in the event of the destruction or loss of, or damage to, cargo; or\n    (d) occasioned by delay in the carriage by air of a passenger, a passenger’s baggage, or cargo;\n  the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.\n  (2) The court must determine the damages that would have been recoverable if:\n    (a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and\n    (b) there had been no negligence on the part of the passenger or consignor.\n  (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (4) If the damages, as reduced in accordance with subsection (3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.\n  (5) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air\n\n  (1) If, at a particular time, an action under the Convention is brought in a court in Australia to enforce a claim in respect of carriage undertaken by a State Party to the 1999 Montreal Convention, the State Party is taken to have submitted to the jurisdiction of the court, unless:\n    (a) the action relates to carriage that is the subject of a declaration by the State Party under Article 57 of the 1999 Montreal Convention; and\n    (b) the declaration is in effect at that time.\n  (2) Nothing in this section authorises the issue of execution against the property of a State Party to the 1999 Montreal Convention.\n\n#### 9K Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, declare that:\n    (a) a State Party specified in the notice has or has not taken any action referred to in Article 53, 54, 56 or 57 of the 1999 Montreal Convention and the particulars of any action so taken; or\n    (b) a revision of the limits of liability, in accordance with Article 24 of the 1999 Montreal Convention, has become effective and the particulars of the revision.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice made under subsection (1) is not a legislative instrument.\n\n#### 9L Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n## Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply\n\n#### 10 Definition\n\n  In this Part:\n\n> the Convention means the Warsaw Convention as amended at The Hague.\n\n#### 11 Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 11A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 12 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  (11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.\n\n#### 13 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 14 Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.\n\n#### 15 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.\n\n#### 16 Contributory negligence\n\n  (1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.\n  (2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.\n  (3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.\n  (4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.\n  (6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).\n\n#### 17 Actions against Parties to the Convention who undertake carriage by air\n\n  (1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.\n  (2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.\n\n#### 18 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;\n    (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;\n    (c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;\n    (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;\n    (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or\n    (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n\n#### 19 Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.\n\n## Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies\n\n#### 20 Interpretation\n\n  (1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.\n  (2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.\n\n#### 21 Provisions of Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 21A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 22 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the High Contracting Parties to the Convention;\n    (b) the territory in respect of which any such Party is bound by the Convention; and\n    (c) the extent (if any) to which any Party has availed itself of the provisions of the Additional Protocol to the Convention.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection(3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.\n\n#### 23 Conversion of francs\n\n  Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.\n\n#### 24 Adoption of certain provisions of Part II\n\n  The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.\n\n#### 24A Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25 Duration of Part\n\n  (1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.\n  (2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed.\n\n## Part IIIA—Carriage to which the Guadalajara Convention applies\n\n#### 25A Provisions of Convention to have force of law\n\n  The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.\n\n#### 25B Modification of Parts II and III\n\n  In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.\n\n#### 25C Evidence of certain matters\n\n  (1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.\n  (2) A notice in force under this section is prima facie evidence of the matters specified in the notice.\n\n## Part IIIC—Carriage to which the Montreal No. 4 Convention applies\n\n#### 25J Interpretation\n\n  In this Part:\n\n> the Convention means the Montreal No. 4 Convention.\n\n#### 25K Effect of Convention in Australia\n\n  (1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.\n\n#### 25L Application of certain provisions of Part IV\n\n  Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:\n    (a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and\n    (b) any other reference to Part IV is taken to be a reference to the Convention.\n\n#### 25M Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25N Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the Parties to the Convention; and\n    (b) the territory in respect of which any Party is bound by the Convention; and\n    (c) the extent to which any Party has availed itself of a reservation permitted by the Convention.\n  (2) A notice under this section is prima facie evidence of the matters declared.\n\n## Part IV—Other carriage to which this Act applies\n\n#### 26 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> airline licence means:\n\n    (a) an international airline licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.\n\n> baggage, in relation to a passenger, means:\n\n    (a) registered baggage; or\n    (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.\n\n> charter licence means:\n\n    (a) a charter licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> contract includes an arrangement made without consideration.\n\n> domestic carrier means a carrier operating a flight for the carriage of passengers:\n\n    (a) between a place in a State and a place in another State; or\n    (b) between a place in a Territory and a place in Australia outside that Territory; or\n    (c) between a place in a Territory and another place in that Territory;\n  other than carriage to which Part IA, II or III applies.\n\n> registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.\n\n> the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.\n\n  (1A) If an Air Operator’s Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section 41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.\n  (2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.\n\n#### 27 Application of Part\n\n  (1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:\n    (a) between a place in a State and a place in another State;\n    (b) between a place in a Territory and a place in Australia outside that Territory;\n    (c) between a place in a Territory and another place in that Territory; or\n    (d) between a place in Australia and a place outside Australia;\n  not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.\n  (3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.\n  (4) For the purposes of this section, where:\n    (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;\n    (b) 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\n    (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;\n  this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.\n\n#### 28 Liability of the carrier for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any bodily injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.\n\n#### 29 Liability of the carrier in respect of baggage\n\n  (1) Where this Part applies to the carriage of a passenger, the carrier is liable under this Part, and not otherwise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that the carrier and the carrier’s servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for the carrier or them to take such measures.\n  (2) For the purposes of the last preceding subsection but subject to the next succeeding subsection, the period of the carriage by air comprises:\n    (a) in relation to baggage other than registered baggage—the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and\n    (b) in relation to registered baggage—the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere.\n  (3) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours.\n  (4) In the application of section 39 in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he or she was not responsible for the damage.\n  (5) Where, in relation to carriage referred to in subsection (4) of section 27, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers (other than a carrier who proves that the baggage was not in the carrier’s charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability.\n\n#### 30 Complaint to be made in respect of baggage\n\n  (1) For the purposes of an action under this Part, evidence proving receipt of registered baggage, without complaint, by the person entitled to delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.\n  (2) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his or her behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed:\n    (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage—within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be;\n    (b) in the case of loss or destruction of the whole of an item of registered baggage—within the period of twenty‑one days from the date on which the baggage should have been placed at the disposal of the passenger; or\n    (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage—within the period of three days from the date on which the carriage of the passenger ended.\n  (3) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding subsection within the time fixed by that subsection, where the court is satisfied that it is just and equitable to do so by reason of special circumstances.\n  (4) Subsection (2) does not apply in relation to an action in respect of which leave has been granted under the last preceding subsection.\n\n#### 31 Limitation of liability\n\n  (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or\n    (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified.\n  (1AA) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (1B) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or\n    (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;\n    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (2A) The amount applicable under this subsection is:\n    (a) $3,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or\n    (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation;\n    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (4) The amount applicable under this subsection is:\n    (a) $300, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n\n#### 32 Contracting out\n\n  (1) Any provision of an agreement tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage.\n  (2) The last preceding subsection does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried.\n\n#### 33 Servants and agents of carrier\n\n  (1) If an action in respect of any damage is brought against a servant or agent of a carrier, the servant or agent, if he or she proves that he or she acted within the scope of his or her employment or authority, is entitled to avail himself or herself of the conditions of liability, and the limits of liability, that the carrier would be entitled to invoke under this Part in an action against the carrier in respect of that damage.\n  (2) The aggregate of the amounts recoverable from the carrier, the carrier’s servants and agents shall not exceed the limits referred to in subsection (1).\n  (3) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in section 34.\n\n#### 34 Limitation of actions\n\n  The right of a person to damages under this Part is extinguished if an action is not brought by him or her or for his or her benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination;\n    (a) the date on which the aircraft ought to have arrived at the destination; or\n    (b) the date on which the carriage stopped;\n  whichever is the later.\n\n#### 35 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 37, the liability under this Part is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n\n#### 36 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 37 Certain liabilities not excluded\n\n  Nothing in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part.\n\n#### 38 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under this Part there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he or she had lived beyond the time at which he or she died.\n\n#### 39 Contributory negligence\n\n  (1) If, in an action against a carrier under this Part, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section.\n  (2) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger.\n  (3) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger in the responsibility for the damage.\n  (4) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with this Part, the court shall further reduce the damages to that maximum amount.\n  (5) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 40 Regulations relating to passenger tickets and baggage checks\n\n  The regulations may make provision relating to passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being provision for:\n    (a) the circumstances in which such tickets and checks must be issued by carriers;\n    (b) matters to be included in such tickets and checks; and\n    (c) the non‑application of a provision of section 31 (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regulations relating to the issue, form and contents of such tickets or checks have not been complied with.\n\n#### 41 Application of Part to cargo\n\n  The regulations may provide for applying, with such exceptions, adaptations and modifications as are prescribed, the provisions of the 1999 Montreal Convention and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the 1999 Montreal Convention shall have the effect of limiting the liability of the carrier to a sum less than the sum to which the carrier’s liability would be limited if those provisions were applied without adaptation or modification.\n\n## Part IVA—Carriers to be insured against liability to passengers for death or personal injury\n\n### Division 1—Preliminary\n\n#### 41A Object of Part\n\n  The object of this Part is to require carriers to hold, in respect of carriage to which Part IA, II, III or IV applies, insurance that will ensure, as far as practicable, that compensation within the limits of liability prescribed by this Act will be paid in respect of death or personal injury suffered by passengers on aircraft.\n\n#### 41B Definitions\n\n  In this Part:\n\n> acceptable contract of insurance has the meaning given by section 41C.\n\n> adequate financial arrangements has the meaning given by section 41C.\n\n> carrier means a person engaged, or proposing to engage, in a passenger‑carrying operation.\n\n> CASA means the Civil Aviation Safety Authority.\n\n> contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, means a contract:\n\n    (a) that is between the carrier and an insurer; and\n    (b) under which the insurer indemnifies the carrier against personal injury liability in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n\n> passenger‑carrying operation means an air transport operation for the carriage of passengers to which Part IA, II, III or IV applies.\n\n> personal injury liability, in respect of a passenger carried, or to be carried, by air by a carrier in a passenger‑carrying operation, means liability under this Act in respect of the death of, or personal injury suffered by, the passenger.\n\n#### 41C Acceptable contracts of insurance and adequate financial arrangements\n\n  Acceptable contracts of insurance\n  (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.\n  (2) The prescribed requirements are:\n    (a) the requirements of subsections (3) and (4); and\n    (b) any other requirements made by the regulations for the purposes of this section.\n  (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:\n    (a) in respect of carriage by a carrier to which Part IA applies:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or\n    (b) in respect of carriage by a domestic carrier to which Part IV applies:\n    (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or\n    (c) in respect of any other carriage:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.\n  (3A) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (3B) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (4) It is a requirement of a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability:\n    (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and\n    (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being or not becoming bankrupt or not beginning to be or not being wound up.\n  (5) The prescribed requirements do not prevent a contract of insurance from including provisions indemnifying the carrier against a liability other than personal injury liability.\n  (6) A contract of insurance under which:\n    (a) the insurer indemnifies the carrier against liability as required by Part 205 of the Federal Aviation Regulations of the United States of America made under the law known as Title 49 United States Code—Transportation; and\n    (b) the insurer’s liability to indemnify the carrier:\n    (i) extends to carriage in, to or from Australia; and\n    (ii) is not affected by any breach of a requirement referred to in paragraph (4)(a);\n  is taken to meet the requirements referred to in subsection (4).\n  Adequate financial arrangements\n  (7) For the purposes of this Part, adequate financial arrangements, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, are financial arrangements that are adequate to discharge any personal injury liability of the carrier in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n  (8) To avoid doubt, an acceptable contract of insurance in relation to a passenger‑carrying operation is an adequate financial arrangement in relation to the operation.\n\n#### 41D Insurer’s liability not affected by exclusions or breaches\n\n  (1) Except as prescribed by the regulations, an insurer’s liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.\n  Regulations may provide for Secretary to determine exclusions\n  (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.\n  (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n### Division 2—Insurance requirements\n\n#### 41E Carriers to be covered by acceptable insurance\n\n  (1) A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.\n  (2) A person who intentionally contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n  (3) A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.\n\n#### 41F Conduct by directors, servants and agents\n\n  (1) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, servant or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the servant or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) If:\n    (a) a person who is an individual is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for the offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Part includes a reference to an offence created by section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Part.\n\n#### 41G Grounds of cancellation of contract of insurance not affected\n\n  Nothing in this Part affects:\n    (a) the grounds on which an insurer may cancel a contract of insurance between the insurer and a carrier; or\n    (b) any right that an insurer may have to recover from a carrier an amount paid by the insurer under a contract of insurance between the insurer and the carrier.\n\n#### 41H Conflict of laws\n\n  If:\n    (a) the proper law of a contract of insurance would, except for a term that it should be the law of a foreign country or a term to a similar effect, be the law of any part of Australia; or\n    (b) a contract of insurance contains a term that purports to substitute, or has the effect of substituting, the law of a foreign country for all or any of the provisions of this Part;\n  this Part applies to the contract despite that term.\n\n#### 41J Injunctions\n\n  (1) In this section:\n\n> prohibited carriage means a passenger‑carrying operation in relation to which:\n\n    (a) an acceptable contract of insurance is not in force; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—an adequate financial arrangement does not exist.\n  (2) If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.\n  (3) If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.\n  (4) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (2).\n  (5) The court may discharge or vary an injunction or an interim injunction granted under this section.\n  (6) The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:\n    (a) whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and\n    (b) whether or not the carrier has previously engaged in prohibited carriage of that kind.\n  (7) A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.\n  (8) The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.\n\n### Division 3—Auditing\n\n#### 41JA Auditing\n\n  CASA may, at any time and from time to time, by written notice given to a carrier, require the carrier, within a period stated in the notice, to produce evidence, satisfactory to CASA, that:\n    (a) an acceptable contract of insurance is in force in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—adequate financial arrangements exist in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in.\n\n#### 41K Audit regulations\n\n  The regulations may make provision for or in relation to:\n    (a) the manner and form in which notices may be given under section 41JA; and\n    (b) the period that may be set out in such notices; and\n    (c) the manner and form in which evidence is to be produced under that section; and\n    (d) the giving by persons referred to in the regulations (who may be individuals not resident in Australia or corporations not incorporated or carrying on business in Australia) of notice (whether in advance, or after the occurrence of the event concerned) to CASA of any modification, cancellation, non‑renewal or expiry, or of any proposed modification, cancellation or non‑renewal, or of any impending expiry, of an acceptable contract of insurance; and\n    (e) the consequences (including any effect on the contract of insurance) of failure to give a notice referred to in paragraph (d).\n\n### Division 4—Miscellaneous\n\n#### 41L Delegation\n\n  (1) The Director may, in writing, delegate all or any of CASA’s powers under this Part to a member of the staff of CASA.\n  (2) The power of delegation includes a power to delegate a power to any member of the staff of CASA from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.\n  (3) If:\n    (a) the Director has, under this section, delegated a power of CASA contained in a provision of this Part; and\n    (b) a delegate exercises the power;\n  a reference in that provision to CASA is taken, in relation to the exercise of the power by the delegate, to be a reference to the delegate.\n  (4) In this section:\n\n> Director has the same meaning as in the Civil Aviation Act 1988.\n\n#### 41M Saving\n\n  Any action taken or any other thing done by, or in relation to, the Minister or a delegate of the Minister before the commencement of this section is to be treated after that commencement as if it had been taken or done by or in relation to CASA.\n\n## Part V—Miscellaneous\n\n#### 41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers\n\n  A law of a State may confer functions and powers on Commonwealth authorities and officers for the purposes of any of the provisions of sections 41B to 41M as those provisions apply as a law of the State, either with or without modifications, and those Commonwealth authorities and officers may perform or exercise the functions or powers so conferred.\n\n#### 42 Stowaways\n\n  (1) Where a person travels in an aircraft without the consent of the carrier and Part IA, Part II, Part III, Part IIIC or Part IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier’s servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.\n  (2) This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.\n  (3) For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.\n\n#### 43 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":69},{"sectionNumber":"Division 1","sectionType":"division","heading":"Preliminary","content":"An Act relating to Carriage by Air\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.\n\n#### 2 Commencement\n\n  (1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the Territories.\n\n> Australian person means:\n\n    (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n    (b) the Commonwealth, a State or a Territory; or\n    (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n    (d) a Commonwealth, State or Territory authority; or\n    (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n    (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n    (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n    (h) a body corporate that:\n    (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n    (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n    (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> family member has the meaning given by subsections (2) and (3).\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n> SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n> the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:\n\n    (a) any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and\n    (b) any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.\n\n> the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.\n\n> the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.\n\n> the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.\n\n> the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.\n\n> the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.\n\n  Meaning of family member\n  (2) For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:\n    (a) is the passenger’s spouse or de facto partner; or\n    (b) is a parent, step‑parent or grandparent of the passenger; or\n    (c) is a child, step‑child, ward or grandchild of the passenger; or\n    (d) is a sibling, step‑brother, step‑sister, half‑brother or half‑sister of the passenger; or\n    (e) is wholly or partly dependent on the passenger for financial support and is:\n    (i) a foster‑sibling of the passenger; or\n    (ii) a foster‑child of the passenger; or\n    (iii) a guardian of the passenger; or\n    (f) falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.\n  (3) Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:\n    (a) ex‑nuptial relationships; and\n    (b) relationships by adoption; and\n    (c) relationships of child and parent that arise because of the definitions of child and parent in this section; and\n    (d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 6 Extension to Territories\n\n  This Act extends to every Territory.\n\n#### 7 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.\n\n#### 8 Texts of Conventions\n\n  (1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:\n    (a) Schedule 1—the Warsaw Convention;\n    (b) Schedule 2—the Warsaw Convention as amended at The Hague;\n    (c) Schedule 3—the Guadalajara Convention;\n    (e) Schedule 5—the Montreal No. 4 Convention.\n  (2) If there is any inconsistency between the text of a Convention, other than the 1999 Montreal Convention, as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.\n  (3) A certificate signed by the Secretary of the Foreign Affairs Department that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol or the Montreal Protocol No. 4 is prima facie evidence that the document is such a true copy.\n\n#### 9 Conversion of SDR to Australian dollars\n\n  In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.\n\n## Part IA—Carriage to which the 1999 Montreal Convention applies\n\n#### 9A Definitions\n\n  In this Part:\n\n> the Convention means the 1999 Montreal Convention as having the force of law because of section 9B.\n\n#### 9B The 1999 Montreal Convention to have force of law\n\n  Subject to this Part, the 1999 Montreal Convention has the force of law in Australia in relation to any carriage by air to which the 1999 Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n\n#### 9C Limitation of liability for Australian international carriers\n\n  (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.\n  (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.\n  (3) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n> relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.\n\n> Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.\n\n#### 9D Liability in respect of death\n\n  Liability\n  (1) This section applies in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger or in respect of the injury that has resulted in the death of a passenger.\n  (2) Subject to section 9F, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to subsection (4), the liability is enforceable for the benefit of any of the passenger’s family members who sustained damage because of the passenger’s death.\n  (4) The liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative to the extent that the damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; or\n    (b) funeral, medical or hospital expenses paid or incurred by the passenger before the passenger’s death or by the passenger’s personal representative.\n  Action\n  (5) An action to enforce the liability may be brought by:\n    (a) the personal representative of the passenger; or\n    (b) by a person for whose benefit the liability is, under this section, enforceable;\n  but only one action may be brought in Australia in respect of the death of any one passenger.\n  (6) The action to enforce the liability must be for the benefit of all people for whose benefit the liability is enforceable who:\n    (a) are resident in Australia; or\n    (b) not being resident in Australia, express the desire to take the benefit of the action.\n  Damages\n  (7) The damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; and\n    (b) the reasonable expenses of the funeral of the passenger; and\n    (c) medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n\n> Note: However, certain types of damages may not be recoverable under Article 29 of the Convention.\n\n  (9) Subject to subsection (10), the amount recovered in the action, after deducting any costs not recovered from the defendant, must be divided among the people entitled in the proportions the court (or, where the action is tried with a jury, the jury) directs.\n  Orders\n  (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:\n    (a) the provisions of the Convention limiting the liability of the carrier; and\n    (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  Costs\n  (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.\n\n#### 9E Liability in respect of injury\n\n  Subject to section 9F, the liability of a carrier under the Convention, in respect of personal injury suffered by a passenger that has not resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 9F Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part is to be taken to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory relating to workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by, or in accordance with, the Convention.\n\n#### 9G Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:\n    (a) any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;\n    (b) any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;\n    (c) any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;\n    (e) in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.\n\n#### 9H Contributory negligence\n\n  (1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:\n    (a) sustained in the case of death or bodily injury of a passenger; or\n    (b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or\n    (c) sustained in the event of the destruction or loss of, or damage to, cargo; or\n    (d) occasioned by delay in the carriage by air of a passenger, a passenger’s baggage, or cargo;\n  the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.\n  (2) The court must determine the damages that would have been recoverable if:\n    (a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and\n    (b) there had been no negligence on the part of the passenger or consignor.\n  (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (4) If the damages, as reduced in accordance with subsection (3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.\n  (5) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air\n\n  (1) If, at a particular time, an action under the Convention is brought in a court in Australia to enforce a claim in respect of carriage undertaken by a State Party to the 1999 Montreal Convention, the State Party is taken to have submitted to the jurisdiction of the court, unless:\n    (a) the action relates to carriage that is the subject of a declaration by the State Party under Article 57 of the 1999 Montreal Convention; and\n    (b) the declaration is in effect at that time.\n  (2) Nothing in this section authorises the issue of execution against the property of a State Party to the 1999 Montreal Convention.\n\n#### 9K Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, declare that:\n    (a) a State Party specified in the notice has or has not taken any action referred to in Article 53, 54, 56 or 57 of the 1999 Montreal Convention and the particulars of any action so taken; or\n    (b) a revision of the limits of liability, in accordance with Article 24 of the 1999 Montreal Convention, has become effective and the particulars of the revision.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice made under subsection (1) is not a legislative instrument.\n\n#### 9L Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n## Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply\n\n#### 10 Definition\n\n  In this Part:\n\n> the Convention means the Warsaw Convention as amended at The Hague.\n\n#### 11 Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 11A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 12 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  (11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.\n\n#### 13 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 14 Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.\n\n#### 15 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.\n\n#### 16 Contributory negligence\n\n  (1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.\n  (2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.\n  (3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.\n  (4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.\n  (6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).\n\n#### 17 Actions against Parties to the Convention who undertake carriage by air\n\n  (1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.\n  (2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.\n\n#### 18 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;\n    (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;\n    (c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;\n    (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;\n    (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or\n    (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n\n#### 19 Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.\n\n## Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies\n\n#### 20 Interpretation\n\n  (1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.\n  (2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.\n\n#### 21 Provisions of Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 21A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 22 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the High Contracting Parties to the Convention;\n    (b) the territory in respect of which any such Party is bound by the Convention; and\n    (c) the extent (if any) to which any Party has availed itself of the provisions of the Additional Protocol to the Convention.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection(3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.\n\n#### 23 Conversion of francs\n\n  Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.\n\n#### 24 Adoption of certain provisions of Part II\n\n  The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.\n\n#### 24A Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25 Duration of Part\n\n  (1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.\n  (2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed.\n\n## Part IIIA—Carriage to which the Guadalajara Convention applies\n\n#### 25A Provisions of Convention to have force of law\n\n  The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.\n\n#### 25B Modification of Parts II and III\n\n  In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.\n\n#### 25C Evidence of certain matters\n\n  (1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.\n  (2) A notice in force under this section is prima facie evidence of the matters specified in the notice.\n\n## Part IIIC—Carriage to which the Montreal No. 4 Convention applies\n\n#### 25J Interpretation\n\n  In this Part:\n\n> the Convention means the Montreal No. 4 Convention.\n\n#### 25K Effect of Convention in Australia\n\n  (1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.\n\n#### 25L Application of certain provisions of Part IV\n\n  Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:\n    (a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and\n    (b) any other reference to Part IV is taken to be a reference to the Convention.\n\n#### 25M Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25N Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the Parties to the Convention; and\n    (b) the territory in respect of which any Party is bound by the Convention; and\n    (c) the extent to which any Party has availed itself of a reservation permitted by the Convention.\n  (2) A notice under this section is prima facie evidence of the matters declared.\n\n## Part IV—Other carriage to which this Act applies\n\n#### 26 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> airline licence means:\n\n    (a) an international airline licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.\n\n> baggage, in relation to a passenger, means:\n\n    (a) registered baggage; or\n    (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.\n\n> charter licence means:\n\n    (a) a charter licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> contract includes an arrangement made without consideration.\n\n> domestic carrier means a carrier operating a flight for the carriage of passengers:\n\n    (a) between a place in a State and a place in another State; or\n    (b) between a place in a Territory and a place in Australia outside that Territory; or\n    (c) between a place in a Territory and another place in that Territory;\n  other than carriage to which Part IA, II or III applies.\n\n> registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.\n\n> the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.\n\n  (1A) If an Air Operator’s Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section 41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.\n  (2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.\n\n#### 27 Application of Part\n\n  (1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:\n    (a) between a place in a State and a place in another State;\n    (b) between a place in a Territory and a place in Australia outside that Territory;\n    (c) between a place in a Territory and another place in that Territory; or\n    (d) between a place in Australia and a place outside Australia;\n  not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.\n  (3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.\n  (4) For the purposes of this section, where:\n    (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;\n    (b) 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\n    (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;\n  this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.\n\n#### 28 Liability of the carrier for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any bodily injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.\n\n#### 29 Liability of the carrier in respect of baggage\n\n  (1) Where this Part applies to the carriage of a passenger, the carrier is liable under this Part, and not otherwise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that the carrier and the carrier’s servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for the carrier or them to take such measures.\n  (2) For the purposes of the last preceding subsection but subject to the next succeeding subsection, the period of the carriage by air comprises:\n    (a) in relation to baggage other than registered baggage—the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and\n    (b) in relation to registered baggage—the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere.\n  (3) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours.\n  (4) In the application of section 39 in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he or she was not responsible for the damage.\n  (5) Where, in relation to carriage referred to in subsection (4) of section 27, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers (other than a carrier who proves that the baggage was not in the carrier’s charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability.\n\n#### 30 Complaint to be made in respect of baggage\n\n  (1) For the purposes of an action under this Part, evidence proving receipt of registered baggage, without complaint, by the person entitled to delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.\n  (2) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his or her behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed:\n    (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage—within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be;\n    (b) in the case of loss or destruction of the whole of an item of registered baggage—within the period of twenty‑one days from the date on which the baggage should have been placed at the disposal of the passenger; or\n    (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage—within the period of three days from the date on which the carriage of the passenger ended.\n  (3) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding subsection within the time fixed by that subsection, where the court is satisfied that it is just and equitable to do so by reason of special circumstances.\n  (4) Subsection (2) does not apply in relation to an action in respect of which leave has been granted under the last preceding subsection.\n\n#### 31 Limitation of liability\n\n  (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or\n    (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified.\n  (1AA) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (1B) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or\n    (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;\n    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (2A) The amount applicable under this subsection is:\n    (a) $3,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or\n    (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation;\n    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (4) The amount applicable under this subsection is:\n    (a) $300, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n\n#### 32 Contracting out\n\n  (1) Any provision of an agreement tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage.\n  (2) The last preceding subsection does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried.\n\n#### 33 Servants and agents of carrier\n\n  (1) If an action in respect of any damage is brought against a servant or agent of a carrier, the servant or agent, if he or she proves that he or she acted within the scope of his or her employment or authority, is entitled to avail himself or herself of the conditions of liability, and the limits of liability, that the carrier would be entitled to invoke under this Part in an action against the carrier in respect of that damage.\n  (2) The aggregate of the amounts recoverable from the carrier, the carrier’s servants and agents shall not exceed the limits referred to in subsection (1).\n  (3) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in section 34.\n\n#### 34 Limitation of actions\n\n  The right of a person to damages under this Part is extinguished if an action is not brought by him or her or for his or her benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination;\n    (a) the date on which the aircraft ought to have arrived at the destination; or\n    (b) the date on which the carriage stopped;\n  whichever is the later.\n\n#### 35 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 37, the liability under this Part is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n\n#### 36 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 37 Certain liabilities not excluded\n\n  Nothing in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part.\n\n#### 38 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under this Part there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he or she had lived beyond the time at which he or she died.\n\n#### 39 Contributory negligence\n\n  (1) If, in an action against a carrier under this Part, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section.\n  (2) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger.\n  (3) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger in the responsibility for the damage.\n  (4) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with this Part, the court shall further reduce the damages to that maximum amount.\n  (5) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 40 Regulations relating to passenger tickets and baggage checks\n\n  The regulations may make provision relating to passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being provision for:\n    (a) the circumstances in which such tickets and checks must be issued by carriers;\n    (b) matters to be included in such tickets and checks; and\n    (c) the non‑application of a provision of section 31 (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regulations relating to the issue, form and contents of such tickets or checks have not been complied with.\n\n#### 41 Application of Part to cargo\n\n  The regulations may provide for applying, with such exceptions, adaptations and modifications as are prescribed, the provisions of the 1999 Montreal Convention and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the 1999 Montreal Convention shall have the effect of limiting the liability of the carrier to a sum less than the sum to which the carrier’s liability would be limited if those provisions were applied without adaptation or modification.\n\n## Part IVA—Carriers to be insured against liability to passengers for death or personal injury\n\n### Division 1—Preliminary\n\n#### 41A Object of Part\n\n  The object of this Part is to require carriers to hold, in respect of carriage to which Part IA, II, III or IV applies, insurance that will ensure, as far as practicable, that compensation within the limits of liability prescribed by this Act will be paid in respect of death or personal injury suffered by passengers on aircraft.\n\n#### 41B Definitions\n\n  In this Part:\n\n> acceptable contract of insurance has the meaning given by section 41C.\n\n> adequate financial arrangements has the meaning given by section 41C.\n\n> carrier means a person engaged, or proposing to engage, in a passenger‑carrying operation.\n\n> CASA means the Civil Aviation Safety Authority.\n\n> contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, means a contract:\n\n    (a) that is between the carrier and an insurer; and\n    (b) under which the insurer indemnifies the carrier against personal injury liability in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n\n> passenger‑carrying operation means an air transport operation for the carriage of passengers to which Part IA, II, III or IV applies.\n\n> personal injury liability, in respect of a passenger carried, or to be carried, by air by a carrier in a passenger‑carrying operation, means liability under this Act in respect of the death of, or personal injury suffered by, the passenger.\n\n#### 41C Acceptable contracts of insurance and adequate financial arrangements\n\n  Acceptable contracts of insurance\n  (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.\n  (2) The prescribed requirements are:\n    (a) the requirements of subsections (3) and (4); and\n    (b) any other requirements made by the regulations for the purposes of this section.\n  (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:\n    (a) in respect of carriage by a carrier to which Part IA applies:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or\n    (b) in respect of carriage by a domestic carrier to which Part IV applies:\n    (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or\n    (c) in respect of any other carriage:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.\n  (3A) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (3B) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (4) It is a requirement of a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability:\n    (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and\n    (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being or not becoming bankrupt or not beginning to be or not being wound up.\n  (5) The prescribed requirements do not prevent a contract of insurance from including provisions indemnifying the carrier against a liability other than personal injury liability.\n  (6) A contract of insurance under which:\n    (a) the insurer indemnifies the carrier against liability as required by Part 205 of the Federal Aviation Regulations of the United States of America made under the law known as Title 49 United States Code—Transportation; and\n    (b) the insurer’s liability to indemnify the carrier:\n    (i) extends to carriage in, to or from Australia; and\n    (ii) is not affected by any breach of a requirement referred to in paragraph (4)(a);\n  is taken to meet the requirements referred to in subsection (4).\n  Adequate financial arrangements\n  (7) For the purposes of this Part, adequate financial arrangements, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, are financial arrangements that are adequate to discharge any personal injury liability of the carrier in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n  (8) To avoid doubt, an acceptable contract of insurance in relation to a passenger‑carrying operation is an adequate financial arrangement in relation to the operation.\n\n#### 41D Insurer’s liability not affected by exclusions or breaches\n\n  (1) Except as prescribed by the regulations, an insurer’s liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.\n  Regulations may provide for Secretary to determine exclusions\n  (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.\n  (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n### Division 2—Insurance requirements\n\n#### 41E Carriers to be covered by acceptable insurance\n\n  (1) A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.\n  (2) A person who intentionally contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n  (3) A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.\n\n#### 41F Conduct by directors, servants and agents\n\n  (1) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, servant or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the servant or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) If:\n    (a) a person who is an individual is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for the offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Part includes a reference to an offence created by section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Part.\n\n#### 41G Grounds of cancellation of contract of insurance not affected\n\n  Nothing in this Part affects:\n    (a) the grounds on which an insurer may cancel a contract of insurance between the insurer and a carrier; or\n    (b) any right that an insurer may have to recover from a carrier an amount paid by the insurer under a contract of insurance between the insurer and the carrier.\n\n#### 41H Conflict of laws\n\n  If:\n    (a) the proper law of a contract of insurance would, except for a term that it should be the law of a foreign country or a term to a similar effect, be the law of any part of Australia; or\n    (b) a contract of insurance contains a term that purports to substitute, or has the effect of substituting, the law of a foreign country for all or any of the provisions of this Part;\n  this Part applies to the contract despite that term.\n\n#### 41J Injunctions\n\n  (1) In this section:\n\n> prohibited carriage means a passenger‑carrying operation in relation to which:\n\n    (a) an acceptable contract of insurance is not in force; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—an adequate financial arrangement does not exist.\n  (2) If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.\n  (3) If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.\n  (4) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (2).\n  (5) The court may discharge or vary an injunction or an interim injunction granted under this section.\n  (6) The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:\n    (a) whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and\n    (b) whether or not the carrier has previously engaged in prohibited carriage of that kind.\n  (7) A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.\n  (8) The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.\n\n### Division 3—Auditing\n\n#### 41JA Auditing\n\n  CASA may, at any time and from time to time, by written notice given to a carrier, require the carrier, within a period stated in the notice, to produce evidence, satisfactory to CASA, that:\n    (a) an acceptable contract of insurance is in force in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—adequate financial arrangements exist in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in.\n\n#### 41K Audit regulations\n\n  The regulations may make provision for or in relation to:\n    (a) the manner and form in which notices may be given under section 41JA; and\n    (b) the period that may be set out in such notices; and\n    (c) the manner and form in which evidence is to be produced under that section; and\n    (d) the giving by persons referred to in the regulations (who may be individuals not resident in Australia or corporations not incorporated or carrying on business in Australia) of notice (whether in advance, or after the occurrence of the event concerned) to CASA of any modification, cancellation, non‑renewal or expiry, or of any proposed modification, cancellation or non‑renewal, or of any impending expiry, of an acceptable contract of insurance; and\n    (e) the consequences (including any effect on the contract of insurance) of failure to give a notice referred to in paragraph (d).\n\n### Division 4—Miscellaneous\n\n#### 41L Delegation\n\n  (1) The Director may, in writing, delegate all or any of CASA’s powers under this Part to a member of the staff of CASA.\n  (2) The power of delegation includes a power to delegate a power to any member of the staff of CASA from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.\n  (3) If:\n    (a) the Director has, under this section, delegated a power of CASA contained in a provision of this Part; and\n    (b) a delegate exercises the power;\n  a reference in that provision to CASA is taken, in relation to the exercise of the power by the delegate, to be a reference to the delegate.\n  (4) In this section:\n\n> Director has the same meaning as in the Civil Aviation Act 1988.\n\n#### 41M Saving\n\n  Any action taken or any other thing done by, or in relation to, the Minister or a delegate of the Minister before the commencement of this section is to be treated after that commencement as if it had been taken or done by or in relation to CASA.\n\n## Part V—Miscellaneous\n\n#### 41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers\n\n  A law of a State may confer functions and powers on Commonwealth authorities and officers for the purposes of any of the provisions of sections 41B to 41M as those provisions apply as a law of the State, either with or without modifications, and those Commonwealth authorities and officers may perform or exercise the functions or powers so conferred.\n\n#### 42 Stowaways\n\n  (1) Where a person travels in an aircraft without the consent of the carrier and Part IA, Part II, Part III, Part IIIC or Part IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier’s servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.\n  (2) This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.\n  (3) For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.\n\n#### 43 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":70},{"sectionNumber":"41A","sectionType":"section","heading":"Object of Part","content":"#### 41A Object of Part\n\n  The object of this Part is to require carriers to hold, in respect of carriage to which Part IA, II, III or IV applies, insurance that will ensure, as far as practicable, that compensation within the limits of liability prescribed by this Act will be paid in respect of death or personal injury suffered by passengers on aircraft.","sortOrder":71},{"sectionNumber":"41B","sectionType":"section","heading":"Definitions","content":"#### 41B Definitions\n\n  In this Part:\n\n> acceptable contract of insurance has the meaning given by section 41C.\n\n> adequate financial arrangements has the meaning given by section 41C.\n\n> carrier means a person engaged, or proposing to engage, in a passenger‑carrying operation.\n\n> CASA means the Civil Aviation Safety Authority.\n\n> contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, means a contract:\n\n    (a) that is between the carrier and an insurer; and\n    (b) under which the insurer indemnifies the carrier against personal injury liability in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n\n> passenger‑carrying operation means an air transport operation for the carriage of passengers to which Part IA, II, III or IV applies.\n\n> personal injury liability, in respect of a passenger carried, or to be carried, by air by a carrier in a passenger‑carrying operation, means liability under this Act in respect of the death of, or personal injury suffered by, the passenger.","sortOrder":72},{"sectionNumber":"41C","sectionType":"section","heading":"Acceptable contracts of insurance and adequate financial arrangements","content":"#### 41C Acceptable contracts of insurance and adequate financial arrangements\n\n  Acceptable contracts of insurance\n  (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.\n  (2) The prescribed requirements are:\n    (a) the requirements of subsections (3) and (4); and\n    (b) any other requirements made by the regulations for the purposes of this section.\n  (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:\n    (a) in respect of carriage by a carrier to which Part IA applies:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or\n    (b) in respect of carriage by a domestic carrier to which Part IV applies:\n    (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or\n    (c) in respect of any other carriage:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.\n  (3A) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (3B) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (4) It is a requirement of a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability:\n    (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and\n    (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being or not becoming bankrupt or not beginning to be or not being wound up.\n  (5) The prescribed requirements do not prevent a contract of insurance from including provisions indemnifying the carrier against a liability other than personal injury liability.\n  (6) A contract of insurance under which:\n    (a) the insurer indemnifies the carrier against liability as required by Part 205 of the Federal Aviation Regulations of the United States of America made under the law known as Title 49 United States Code—Transportation; and\n    (b) the insurer’s liability to indemnify the carrier:\n    (i) extends to carriage in, to or from Australia; and\n    (ii) is not affected by any breach of a requirement referred to in paragraph (4)(a);\n  is taken to meet the requirements referred to in subsection (4).\n  Adequate financial arrangements\n  (7) For the purposes of this Part, adequate financial arrangements, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, are financial arrangements that are adequate to discharge any personal injury liability of the carrier in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n  (8) To avoid doubt, an acceptable contract of insurance in relation to a passenger‑carrying operation is an adequate financial arrangement in relation to the operation.","sortOrder":73},{"sectionNumber":"41D","sectionType":"section","heading":"Insurer’s liability not affected by exclusions or breaches","content":"#### 41D Insurer’s liability not affected by exclusions or breaches\n\n  (1) Except as prescribed by the regulations, an insurer’s liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.\n  Regulations may provide for Secretary to determine exclusions\n  (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.\n  (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.","sortOrder":74},{"sectionNumber":"Division 2","sectionType":"division","heading":"Insurance requirements","content":"An Act relating to Carriage by Air\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.\n\n#### 2 Commencement\n\n  (1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the Territories.\n\n> Australian person means:\n\n    (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n    (b) the Commonwealth, a State or a Territory; or\n    (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n    (d) a Commonwealth, State or Territory authority; or\n    (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n    (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n    (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n    (h) a body corporate that:\n    (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n    (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n    (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> family member has the meaning given by subsections (2) and (3).\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n> SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n> the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:\n\n    (a) any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and\n    (b) any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.\n\n> the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.\n\n> the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.\n\n> the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.\n\n> the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.\n\n> the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.\n\n  Meaning of family member\n  (2) For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:\n    (a) is the passenger’s spouse or de facto partner; or\n    (b) is a parent, step‑parent or grandparent of the passenger; or\n    (c) is a child, step‑child, ward or grandchild of the passenger; or\n    (d) is a sibling, step‑brother, step‑sister, half‑brother or half‑sister of the passenger; or\n    (e) is wholly or partly dependent on the passenger for financial support and is:\n    (i) a foster‑sibling of the passenger; or\n    (ii) a foster‑child of the passenger; or\n    (iii) a guardian of the passenger; or\n    (f) falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.\n  (3) Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:\n    (a) ex‑nuptial relationships; and\n    (b) relationships by adoption; and\n    (c) relationships of child and parent that arise because of the definitions of child and parent in this section; and\n    (d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 6 Extension to Territories\n\n  This Act extends to every Territory.\n\n#### 7 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.\n\n#### 8 Texts of Conventions\n\n  (1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:\n    (a) Schedule 1—the Warsaw Convention;\n    (b) Schedule 2—the Warsaw Convention as amended at The Hague;\n    (c) Schedule 3—the Guadalajara Convention;\n    (e) Schedule 5—the Montreal No. 4 Convention.\n  (2) If there is any inconsistency between the text of a Convention, other than the 1999 Montreal Convention, as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.\n  (3) A certificate signed by the Secretary of the Foreign Affairs Department that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol or the Montreal Protocol No. 4 is prima facie evidence that the document is such a true copy.\n\n#### 9 Conversion of SDR to Australian dollars\n\n  In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.\n\n## Part IA—Carriage to which the 1999 Montreal Convention applies\n\n#### 9A Definitions\n\n  In this Part:\n\n> the Convention means the 1999 Montreal Convention as having the force of law because of section 9B.\n\n#### 9B The 1999 Montreal Convention to have force of law\n\n  Subject to this Part, the 1999 Montreal Convention has the force of law in Australia in relation to any carriage by air to which the 1999 Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n\n#### 9C Limitation of liability for Australian international carriers\n\n  (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.\n  (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.\n  (3) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n> relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.\n\n> Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.\n\n#### 9D Liability in respect of death\n\n  Liability\n  (1) This section applies in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger or in respect of the injury that has resulted in the death of a passenger.\n  (2) Subject to section 9F, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to subsection (4), the liability is enforceable for the benefit of any of the passenger’s family members who sustained damage because of the passenger’s death.\n  (4) The liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative to the extent that the damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; or\n    (b) funeral, medical or hospital expenses paid or incurred by the passenger before the passenger’s death or by the passenger’s personal representative.\n  Action\n  (5) An action to enforce the liability may be brought by:\n    (a) the personal representative of the passenger; or\n    (b) by a person for whose benefit the liability is, under this section, enforceable;\n  but only one action may be brought in Australia in respect of the death of any one passenger.\n  (6) The action to enforce the liability must be for the benefit of all people for whose benefit the liability is enforceable who:\n    (a) are resident in Australia; or\n    (b) not being resident in Australia, express the desire to take the benefit of the action.\n  Damages\n  (7) The damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; and\n    (b) the reasonable expenses of the funeral of the passenger; and\n    (c) medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n\n> Note: However, certain types of damages may not be recoverable under Article 29 of the Convention.\n\n  (9) Subject to subsection (10), the amount recovered in the action, after deducting any costs not recovered from the defendant, must be divided among the people entitled in the proportions the court (or, where the action is tried with a jury, the jury) directs.\n  Orders\n  (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:\n    (a) the provisions of the Convention limiting the liability of the carrier; and\n    (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  Costs\n  (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.\n\n#### 9E Liability in respect of injury\n\n  Subject to section 9F, the liability of a carrier under the Convention, in respect of personal injury suffered by a passenger that has not resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 9F Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part is to be taken to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory relating to workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by, or in accordance with, the Convention.\n\n#### 9G Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:\n    (a) any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;\n    (b) any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;\n    (c) any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;\n    (e) in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.\n\n#### 9H Contributory negligence\n\n  (1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:\n    (a) sustained in the case of death or bodily injury of a passenger; or\n    (b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or\n    (c) sustained in the event of the destruction or loss of, or damage to, cargo; or\n    (d) occasioned by delay in the carriage by air of a passenger, a passenger’s baggage, or cargo;\n  the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.\n  (2) The court must determine the damages that would have been recoverable if:\n    (a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and\n    (b) there had been no negligence on the part of the passenger or consignor.\n  (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (4) If the damages, as reduced in accordance with subsection (3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.\n  (5) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air\n\n  (1) If, at a particular time, an action under the Convention is brought in a court in Australia to enforce a claim in respect of carriage undertaken by a State Party to the 1999 Montreal Convention, the State Party is taken to have submitted to the jurisdiction of the court, unless:\n    (a) the action relates to carriage that is the subject of a declaration by the State Party under Article 57 of the 1999 Montreal Convention; and\n    (b) the declaration is in effect at that time.\n  (2) Nothing in this section authorises the issue of execution against the property of a State Party to the 1999 Montreal Convention.\n\n#### 9K Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, declare that:\n    (a) a State Party specified in the notice has or has not taken any action referred to in Article 53, 54, 56 or 57 of the 1999 Montreal Convention and the particulars of any action so taken; or\n    (b) a revision of the limits of liability, in accordance with Article 24 of the 1999 Montreal Convention, has become effective and the particulars of the revision.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice made under subsection (1) is not a legislative instrument.\n\n#### 9L Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n## Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply\n\n#### 10 Definition\n\n  In this Part:\n\n> the Convention means the Warsaw Convention as amended at The Hague.\n\n#### 11 Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 11A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 12 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  (11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.\n\n#### 13 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 14 Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.\n\n#### 15 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.\n\n#### 16 Contributory negligence\n\n  (1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.\n  (2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.\n  (3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.\n  (4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.\n  (6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).\n\n#### 17 Actions against Parties to the Convention who undertake carriage by air\n\n  (1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.\n  (2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.\n\n#### 18 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;\n    (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;\n    (c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;\n    (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;\n    (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or\n    (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n\n#### 19 Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.\n\n## Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies\n\n#### 20 Interpretation\n\n  (1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.\n  (2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.\n\n#### 21 Provisions of Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 21A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 22 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the High Contracting Parties to the Convention;\n    (b) the territory in respect of which any such Party is bound by the Convention; and\n    (c) the extent (if any) to which any Party has availed itself of the provisions of the Additional Protocol to the Convention.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection(3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.\n\n#### 23 Conversion of francs\n\n  Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.\n\n#### 24 Adoption of certain provisions of Part II\n\n  The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.\n\n#### 24A Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25 Duration of Part\n\n  (1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.\n  (2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed.\n\n## Part IIIA—Carriage to which the Guadalajara Convention applies\n\n#### 25A Provisions of Convention to have force of law\n\n  The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.\n\n#### 25B Modification of Parts II and III\n\n  In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.\n\n#### 25C Evidence of certain matters\n\n  (1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.\n  (2) A notice in force under this section is prima facie evidence of the matters specified in the notice.\n\n## Part IIIC—Carriage to which the Montreal No. 4 Convention applies\n\n#### 25J Interpretation\n\n  In this Part:\n\n> the Convention means the Montreal No. 4 Convention.\n\n#### 25K Effect of Convention in Australia\n\n  (1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.\n\n#### 25L Application of certain provisions of Part IV\n\n  Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:\n    (a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and\n    (b) any other reference to Part IV is taken to be a reference to the Convention.\n\n#### 25M Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25N Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the Parties to the Convention; and\n    (b) the territory in respect of which any Party is bound by the Convention; and\n    (c) the extent to which any Party has availed itself of a reservation permitted by the Convention.\n  (2) A notice under this section is prima facie evidence of the matters declared.\n\n## Part IV—Other carriage to which this Act applies\n\n#### 26 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> airline licence means:\n\n    (a) an international airline licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.\n\n> baggage, in relation to a passenger, means:\n\n    (a) registered baggage; or\n    (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.\n\n> charter licence means:\n\n    (a) a charter licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> contract includes an arrangement made without consideration.\n\n> domestic carrier means a carrier operating a flight for the carriage of passengers:\n\n    (a) between a place in a State and a place in another State; or\n    (b) between a place in a Territory and a place in Australia outside that Territory; or\n    (c) between a place in a Territory and another place in that Territory;\n  other than carriage to which Part IA, II or III applies.\n\n> registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.\n\n> the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.\n\n  (1A) If an Air Operator’s Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section 41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.\n  (2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.\n\n#### 27 Application of Part\n\n  (1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:\n    (a) between a place in a State and a place in another State;\n    (b) between a place in a Territory and a place in Australia outside that Territory;\n    (c) between a place in a Territory and another place in that Territory; or\n    (d) between a place in Australia and a place outside Australia;\n  not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.\n  (3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.\n  (4) For the purposes of this section, where:\n    (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;\n    (b) 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\n    (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;\n  this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.\n\n#### 28 Liability of the carrier for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any bodily injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.\n\n#### 29 Liability of the carrier in respect of baggage\n\n  (1) Where this Part applies to the carriage of a passenger, the carrier is liable under this Part, and not otherwise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that the carrier and the carrier’s servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for the carrier or them to take such measures.\n  (2) For the purposes of the last preceding subsection but subject to the next succeeding subsection, the period of the carriage by air comprises:\n    (a) in relation to baggage other than registered baggage—the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and\n    (b) in relation to registered baggage—the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere.\n  (3) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours.\n  (4) In the application of section 39 in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he or she was not responsible for the damage.\n  (5) Where, in relation to carriage referred to in subsection (4) of section 27, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers (other than a carrier who proves that the baggage was not in the carrier’s charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability.\n\n#### 30 Complaint to be made in respect of baggage\n\n  (1) For the purposes of an action under this Part, evidence proving receipt of registered baggage, without complaint, by the person entitled to delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.\n  (2) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his or her behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed:\n    (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage—within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be;\n    (b) in the case of loss or destruction of the whole of an item of registered baggage—within the period of twenty‑one days from the date on which the baggage should have been placed at the disposal of the passenger; or\n    (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage—within the period of three days from the date on which the carriage of the passenger ended.\n  (3) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding subsection within the time fixed by that subsection, where the court is satisfied that it is just and equitable to do so by reason of special circumstances.\n  (4) Subsection (2) does not apply in relation to an action in respect of which leave has been granted under the last preceding subsection.\n\n#### 31 Limitation of liability\n\n  (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or\n    (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified.\n  (1AA) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (1B) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or\n    (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;\n    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (2A) The amount applicable under this subsection is:\n    (a) $3,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or\n    (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation;\n    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (4) The amount applicable under this subsection is:\n    (a) $300, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n\n#### 32 Contracting out\n\n  (1) Any provision of an agreement tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage.\n  (2) The last preceding subsection does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried.\n\n#### 33 Servants and agents of carrier\n\n  (1) If an action in respect of any damage is brought against a servant or agent of a carrier, the servant or agent, if he or she proves that he or she acted within the scope of his or her employment or authority, is entitled to avail himself or herself of the conditions of liability, and the limits of liability, that the carrier would be entitled to invoke under this Part in an action against the carrier in respect of that damage.\n  (2) The aggregate of the amounts recoverable from the carrier, the carrier’s servants and agents shall not exceed the limits referred to in subsection (1).\n  (3) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in section 34.\n\n#### 34 Limitation of actions\n\n  The right of a person to damages under this Part is extinguished if an action is not brought by him or her or for his or her benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination;\n    (a) the date on which the aircraft ought to have arrived at the destination; or\n    (b) the date on which the carriage stopped;\n  whichever is the later.\n\n#### 35 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 37, the liability under this Part is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n\n#### 36 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 37 Certain liabilities not excluded\n\n  Nothing in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part.\n\n#### 38 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under this Part there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he or she had lived beyond the time at which he or she died.\n\n#### 39 Contributory negligence\n\n  (1) If, in an action against a carrier under this Part, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section.\n  (2) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger.\n  (3) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger in the responsibility for the damage.\n  (4) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with this Part, the court shall further reduce the damages to that maximum amount.\n  (5) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 40 Regulations relating to passenger tickets and baggage checks\n\n  The regulations may make provision relating to passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being provision for:\n    (a) the circumstances in which such tickets and checks must be issued by carriers;\n    (b) matters to be included in such tickets and checks; and\n    (c) the non‑application of a provision of section 31 (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regulations relating to the issue, form and contents of such tickets or checks have not been complied with.\n\n#### 41 Application of Part to cargo\n\n  The regulations may provide for applying, with such exceptions, adaptations and modifications as are prescribed, the provisions of the 1999 Montreal Convention and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the 1999 Montreal Convention shall have the effect of limiting the liability of the carrier to a sum less than the sum to which the carrier’s liability would be limited if those provisions were applied without adaptation or modification.\n\n## Part IVA—Carriers to be insured against liability to passengers for death or personal injury\n\n### Division 1—Preliminary\n\n#### 41A Object of Part\n\n  The object of this Part is to require carriers to hold, in respect of carriage to which Part IA, II, III or IV applies, insurance that will ensure, as far as practicable, that compensation within the limits of liability prescribed by this Act will be paid in respect of death or personal injury suffered by passengers on aircraft.\n\n#### 41B Definitions\n\n  In this Part:\n\n> acceptable contract of insurance has the meaning given by section 41C.\n\n> adequate financial arrangements has the meaning given by section 41C.\n\n> carrier means a person engaged, or proposing to engage, in a passenger‑carrying operation.\n\n> CASA means the Civil Aviation Safety Authority.\n\n> contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, means a contract:\n\n    (a) that is between the carrier and an insurer; and\n    (b) under which the insurer indemnifies the carrier against personal injury liability in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n\n> passenger‑carrying operation means an air transport operation for the carriage of passengers to which Part IA, II, III or IV applies.\n\n> personal injury liability, in respect of a passenger carried, or to be carried, by air by a carrier in a passenger‑carrying operation, means liability under this Act in respect of the death of, or personal injury suffered by, the passenger.\n\n#### 41C Acceptable contracts of insurance and adequate financial arrangements\n\n  Acceptable contracts of insurance\n  (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.\n  (2) The prescribed requirements are:\n    (a) the requirements of subsections (3) and (4); and\n    (b) any other requirements made by the regulations for the purposes of this section.\n  (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:\n    (a) in respect of carriage by a carrier to which Part IA applies:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or\n    (b) in respect of carriage by a domestic carrier to which Part IV applies:\n    (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or\n    (c) in respect of any other carriage:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.\n  (3A) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (3B) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (4) It is a requirement of a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability:\n    (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and\n    (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being or not becoming bankrupt or not beginning to be or not being wound up.\n  (5) The prescribed requirements do not prevent a contract of insurance from including provisions indemnifying the carrier against a liability other than personal injury liability.\n  (6) A contract of insurance under which:\n    (a) the insurer indemnifies the carrier against liability as required by Part 205 of the Federal Aviation Regulations of the United States of America made under the law known as Title 49 United States Code—Transportation; and\n    (b) the insurer’s liability to indemnify the carrier:\n    (i) extends to carriage in, to or from Australia; and\n    (ii) is not affected by any breach of a requirement referred to in paragraph (4)(a);\n  is taken to meet the requirements referred to in subsection (4).\n  Adequate financial arrangements\n  (7) For the purposes of this Part, adequate financial arrangements, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, are financial arrangements that are adequate to discharge any personal injury liability of the carrier in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n  (8) To avoid doubt, an acceptable contract of insurance in relation to a passenger‑carrying operation is an adequate financial arrangement in relation to the operation.\n\n#### 41D Insurer’s liability not affected by exclusions or breaches\n\n  (1) Except as prescribed by the regulations, an insurer’s liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.\n  Regulations may provide for Secretary to determine exclusions\n  (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.\n  (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n### Division 2—Insurance requirements\n\n#### 41E Carriers to be covered by acceptable insurance\n\n  (1) A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.\n  (2) A person who intentionally contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n  (3) A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.\n\n#### 41F Conduct by directors, servants and agents\n\n  (1) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, servant or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the servant or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) If:\n    (a) a person who is an individual is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for the offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Part includes a reference to an offence created by section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Part.\n\n#### 41G Grounds of cancellation of contract of insurance not affected\n\n  Nothing in this Part affects:\n    (a) the grounds on which an insurer may cancel a contract of insurance between the insurer and a carrier; or\n    (b) any right that an insurer may have to recover from a carrier an amount paid by the insurer under a contract of insurance between the insurer and the carrier.\n\n#### 41H Conflict of laws\n\n  If:\n    (a) the proper law of a contract of insurance would, except for a term that it should be the law of a foreign country or a term to a similar effect, be the law of any part of Australia; or\n    (b) a contract of insurance contains a term that purports to substitute, or has the effect of substituting, the law of a foreign country for all or any of the provisions of this Part;\n  this Part applies to the contract despite that term.\n\n#### 41J Injunctions\n\n  (1) In this section:\n\n> prohibited carriage means a passenger‑carrying operation in relation to which:\n\n    (a) an acceptable contract of insurance is not in force; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—an adequate financial arrangement does not exist.\n  (2) If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.\n  (3) If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.\n  (4) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (2).\n  (5) The court may discharge or vary an injunction or an interim injunction granted under this section.\n  (6) The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:\n    (a) whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and\n    (b) whether or not the carrier has previously engaged in prohibited carriage of that kind.\n  (7) A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.\n  (8) The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.\n\n### Division 3—Auditing\n\n#### 41JA Auditing\n\n  CASA may, at any time and from time to time, by written notice given to a carrier, require the carrier, within a period stated in the notice, to produce evidence, satisfactory to CASA, that:\n    (a) an acceptable contract of insurance is in force in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—adequate financial arrangements exist in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in.\n\n#### 41K Audit regulations\n\n  The regulations may make provision for or in relation to:\n    (a) the manner and form in which notices may be given under section 41JA; and\n    (b) the period that may be set out in such notices; and\n    (c) the manner and form in which evidence is to be produced under that section; and\n    (d) the giving by persons referred to in the regulations (who may be individuals not resident in Australia or corporations not incorporated or carrying on business in Australia) of notice (whether in advance, or after the occurrence of the event concerned) to CASA of any modification, cancellation, non‑renewal or expiry, or of any proposed modification, cancellation or non‑renewal, or of any impending expiry, of an acceptable contract of insurance; and\n    (e) the consequences (including any effect on the contract of insurance) of failure to give a notice referred to in paragraph (d).\n\n### Division 4—Miscellaneous\n\n#### 41L Delegation\n\n  (1) The Director may, in writing, delegate all or any of CASA’s powers under this Part to a member of the staff of CASA.\n  (2) The power of delegation includes a power to delegate a power to any member of the staff of CASA from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.\n  (3) If:\n    (a) the Director has, under this section, delegated a power of CASA contained in a provision of this Part; and\n    (b) a delegate exercises the power;\n  a reference in that provision to CASA is taken, in relation to the exercise of the power by the delegate, to be a reference to the delegate.\n  (4) In this section:\n\n> Director has the same meaning as in the Civil Aviation Act 1988.\n\n#### 41M Saving\n\n  Any action taken or any other thing done by, or in relation to, the Minister or a delegate of the Minister before the commencement of this section is to be treated after that commencement as if it had been taken or done by or in relation to CASA.\n\n## Part V—Miscellaneous\n\n#### 41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers\n\n  A law of a State may confer functions and powers on Commonwealth authorities and officers for the purposes of any of the provisions of sections 41B to 41M as those provisions apply as a law of the State, either with or without modifications, and those Commonwealth authorities and officers may perform or exercise the functions or powers so conferred.\n\n#### 42 Stowaways\n\n  (1) Where a person travels in an aircraft without the consent of the carrier and Part IA, Part II, Part III, Part IIIC or Part IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier’s servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.\n  (2) This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.\n  (3) For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.\n\n#### 43 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":75},{"sectionNumber":"41E","sectionType":"section","heading":"Carriers to be covered by acceptable insurance","content":"#### 41E Carriers to be covered by acceptable insurance\n\n  (1) A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.\n  (2) A person who intentionally contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n  (3) A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.","sortOrder":76},{"sectionNumber":"41F","sectionType":"section","heading":"Conduct by directors, servants and agents","content":"#### 41F Conduct by directors, servants and agents\n\n  (1) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, servant or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the servant or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) If:\n    (a) a person who is an individual is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for the offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Part includes a reference to an offence created by section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Part.","sortOrder":77},{"sectionNumber":"41G","sectionType":"section","heading":"Grounds of cancellation of contract of insurance not affected","content":"#### 41G Grounds of cancellation of contract of insurance not affected\n\n  Nothing in this Part affects:\n    (a) the grounds on which an insurer may cancel a contract of insurance between the insurer and a carrier; or\n    (b) any right that an insurer may have to recover from a carrier an amount paid by the insurer under a contract of insurance between the insurer and the carrier.","sortOrder":78},{"sectionNumber":"41H","sectionType":"section","heading":"Conflict of laws","content":"#### 41H Conflict of laws\n\n  If:\n    (a) the proper law of a contract of insurance would, except for a term that it should be the law of a foreign country or a term to a similar effect, be the law of any part of Australia; or\n    (b) a contract of insurance contains a term that purports to substitute, or has the effect of substituting, the law of a foreign country for all or any of the provisions of this Part;\n  this Part applies to the contract despite that term.","sortOrder":79},{"sectionNumber":"41J","sectionType":"section","heading":"Injunctions","content":"#### 41J Injunctions\n\n  (1) In this section:\n\n> prohibited carriage means a passenger‑carrying operation in relation to which:\n\n    (a) an acceptable contract of insurance is not in force; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—an adequate financial arrangement does not exist.\n  (2) If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.\n  (3) If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.\n  (4) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (2).\n  (5) The court may discharge or vary an injunction or an interim injunction granted under this section.\n  (6) The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:\n    (a) whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and\n    (b) whether or not the carrier has previously engaged in prohibited carriage of that kind.\n  (7) A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.\n  (8) The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.","sortOrder":80},{"sectionNumber":"Division 3","sectionType":"division","heading":"Auditing","content":"An Act relating to Carriage by Air\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.\n\n#### 2 Commencement\n\n  (1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the Territories.\n\n> Australian person means:\n\n    (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n    (b) the Commonwealth, a State or a Territory; or\n    (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n    (d) a Commonwealth, State or Territory authority; or\n    (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n    (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n    (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n    (h) a body corporate that:\n    (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n    (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n    (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> family member has the meaning given by subsections (2) and (3).\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n> SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n> the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:\n\n    (a) any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and\n    (b) any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.\n\n> the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.\n\n> the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.\n\n> the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.\n\n> the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.\n\n> the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.\n\n  Meaning of family member\n  (2) For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:\n    (a) is the passenger’s spouse or de facto partner; or\n    (b) is a parent, step‑parent or grandparent of the passenger; or\n    (c) is a child, step‑child, ward or grandchild of the passenger; or\n    (d) is a sibling, step‑brother, step‑sister, half‑brother or half‑sister of the passenger; or\n    (e) is wholly or partly dependent on the passenger for financial support and is:\n    (i) a foster‑sibling of the passenger; or\n    (ii) a foster‑child of the passenger; or\n    (iii) a guardian of the passenger; or\n    (f) falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.\n  (3) Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:\n    (a) ex‑nuptial relationships; and\n    (b) relationships by adoption; and\n    (c) relationships of child and parent that arise because of the definitions of child and parent in this section; and\n    (d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 6 Extension to Territories\n\n  This Act extends to every Territory.\n\n#### 7 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.\n\n#### 8 Texts of Conventions\n\n  (1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:\n    (a) Schedule 1—the Warsaw Convention;\n    (b) Schedule 2—the Warsaw Convention as amended at The Hague;\n    (c) Schedule 3—the Guadalajara Convention;\n    (e) Schedule 5—the Montreal No. 4 Convention.\n  (2) If there is any inconsistency between the text of a Convention, other than the 1999 Montreal Convention, as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.\n  (3) A certificate signed by the Secretary of the Foreign Affairs Department that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol or the Montreal Protocol No. 4 is prima facie evidence that the document is such a true copy.\n\n#### 9 Conversion of SDR to Australian dollars\n\n  In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.\n\n## Part IA—Carriage to which the 1999 Montreal Convention applies\n\n#### 9A Definitions\n\n  In this Part:\n\n> the Convention means the 1999 Montreal Convention as having the force of law because of section 9B.\n\n#### 9B The 1999 Montreal Convention to have force of law\n\n  Subject to this Part, the 1999 Montreal Convention has the force of law in Australia in relation to any carriage by air to which the 1999 Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n\n#### 9C Limitation of liability for Australian international carriers\n\n  (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.\n  (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.\n  (3) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n> relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.\n\n> Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.\n\n#### 9D Liability in respect of death\n\n  Liability\n  (1) This section applies in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger or in respect of the injury that has resulted in the death of a passenger.\n  (2) Subject to section 9F, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to subsection (4), the liability is enforceable for the benefit of any of the passenger’s family members who sustained damage because of the passenger’s death.\n  (4) The liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative to the extent that the damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; or\n    (b) funeral, medical or hospital expenses paid or incurred by the passenger before the passenger’s death or by the passenger’s personal representative.\n  Action\n  (5) An action to enforce the liability may be brought by:\n    (a) the personal representative of the passenger; or\n    (b) by a person for whose benefit the liability is, under this section, enforceable;\n  but only one action may be brought in Australia in respect of the death of any one passenger.\n  (6) The action to enforce the liability must be for the benefit of all people for whose benefit the liability is enforceable who:\n    (a) are resident in Australia; or\n    (b) not being resident in Australia, express the desire to take the benefit of the action.\n  Damages\n  (7) The damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; and\n    (b) the reasonable expenses of the funeral of the passenger; and\n    (c) medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n\n> Note: However, certain types of damages may not be recoverable under Article 29 of the Convention.\n\n  (9) Subject to subsection (10), the amount recovered in the action, after deducting any costs not recovered from the defendant, must be divided among the people entitled in the proportions the court (or, where the action is tried with a jury, the jury) directs.\n  Orders\n  (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:\n    (a) the provisions of the Convention limiting the liability of the carrier; and\n    (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  Costs\n  (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.\n\n#### 9E Liability in respect of injury\n\n  Subject to section 9F, the liability of a carrier under the Convention, in respect of personal injury suffered by a passenger that has not resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 9F Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part is to be taken to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory relating to workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by, or in accordance with, the Convention.\n\n#### 9G Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:\n    (a) any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;\n    (b) any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;\n    (c) any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;\n    (e) in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.\n\n#### 9H Contributory negligence\n\n  (1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:\n    (a) sustained in the case of death or bodily injury of a passenger; or\n    (b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or\n    (c) sustained in the event of the destruction or loss of, or damage to, cargo; or\n    (d) occasioned by delay in the carriage by air of a passenger, a passenger’s baggage, or cargo;\n  the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.\n  (2) The court must determine the damages that would have been recoverable if:\n    (a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and\n    (b) there had been no negligence on the part of the passenger or consignor.\n  (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (4) If the damages, as reduced in accordance with subsection (3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.\n  (5) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air\n\n  (1) If, at a particular time, an action under the Convention is brought in a court in Australia to enforce a claim in respect of carriage undertaken by a State Party to the 1999 Montreal Convention, the State Party is taken to have submitted to the jurisdiction of the court, unless:\n    (a) the action relates to carriage that is the subject of a declaration by the State Party under Article 57 of the 1999 Montreal Convention; and\n    (b) the declaration is in effect at that time.\n  (2) Nothing in this section authorises the issue of execution against the property of a State Party to the 1999 Montreal Convention.\n\n#### 9K Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, declare that:\n    (a) a State Party specified in the notice has or has not taken any action referred to in Article 53, 54, 56 or 57 of the 1999 Montreal Convention and the particulars of any action so taken; or\n    (b) a revision of the limits of liability, in accordance with Article 24 of the 1999 Montreal Convention, has become effective and the particulars of the revision.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice made under subsection (1) is not a legislative instrument.\n\n#### 9L Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n## Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply\n\n#### 10 Definition\n\n  In this Part:\n\n> the Convention means the Warsaw Convention as amended at The Hague.\n\n#### 11 Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 11A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 12 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  (11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.\n\n#### 13 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 14 Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.\n\n#### 15 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.\n\n#### 16 Contributory negligence\n\n  (1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.\n  (2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.\n  (3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.\n  (4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.\n  (6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).\n\n#### 17 Actions against Parties to the Convention who undertake carriage by air\n\n  (1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.\n  (2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.\n\n#### 18 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;\n    (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;\n    (c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;\n    (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;\n    (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or\n    (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n\n#### 19 Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.\n\n## Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies\n\n#### 20 Interpretation\n\n  (1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.\n  (2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.\n\n#### 21 Provisions of Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 21A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 22 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the High Contracting Parties to the Convention;\n    (b) the territory in respect of which any such Party is bound by the Convention; and\n    (c) the extent (if any) to which any Party has availed itself of the provisions of the Additional Protocol to the Convention.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection(3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.\n\n#### 23 Conversion of francs\n\n  Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.\n\n#### 24 Adoption of certain provisions of Part II\n\n  The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.\n\n#### 24A Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25 Duration of Part\n\n  (1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.\n  (2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed.\n\n## Part IIIA—Carriage to which the Guadalajara Convention applies\n\n#### 25A Provisions of Convention to have force of law\n\n  The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.\n\n#### 25B Modification of Parts II and III\n\n  In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.\n\n#### 25C Evidence of certain matters\n\n  (1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.\n  (2) A notice in force under this section is prima facie evidence of the matters specified in the notice.\n\n## Part IIIC—Carriage to which the Montreal No. 4 Convention applies\n\n#### 25J Interpretation\n\n  In this Part:\n\n> the Convention means the Montreal No. 4 Convention.\n\n#### 25K Effect of Convention in Australia\n\n  (1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.\n\n#### 25L Application of certain provisions of Part IV\n\n  Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:\n    (a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and\n    (b) any other reference to Part IV is taken to be a reference to the Convention.\n\n#### 25M Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25N Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the Parties to the Convention; and\n    (b) the territory in respect of which any Party is bound by the Convention; and\n    (c) the extent to which any Party has availed itself of a reservation permitted by the Convention.\n  (2) A notice under this section is prima facie evidence of the matters declared.\n\n## Part IV—Other carriage to which this Act applies\n\n#### 26 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> airline licence means:\n\n    (a) an international airline licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.\n\n> baggage, in relation to a passenger, means:\n\n    (a) registered baggage; or\n    (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.\n\n> charter licence means:\n\n    (a) a charter licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> contract includes an arrangement made without consideration.\n\n> domestic carrier means a carrier operating a flight for the carriage of passengers:\n\n    (a) between a place in a State and a place in another State; or\n    (b) between a place in a Territory and a place in Australia outside that Territory; or\n    (c) between a place in a Territory and another place in that Territory;\n  other than carriage to which Part IA, II or III applies.\n\n> registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.\n\n> the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.\n\n  (1A) If an Air Operator’s Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section 41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.\n  (2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.\n\n#### 27 Application of Part\n\n  (1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:\n    (a) between a place in a State and a place in another State;\n    (b) between a place in a Territory and a place in Australia outside that Territory;\n    (c) between a place in a Territory and another place in that Territory; or\n    (d) between a place in Australia and a place outside Australia;\n  not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.\n  (3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.\n  (4) For the purposes of this section, where:\n    (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;\n    (b) 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\n    (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;\n  this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.\n\n#### 28 Liability of the carrier for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any bodily injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.\n\n#### 29 Liability of the carrier in respect of baggage\n\n  (1) Where this Part applies to the carriage of a passenger, the carrier is liable under this Part, and not otherwise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that the carrier and the carrier’s servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for the carrier or them to take such measures.\n  (2) For the purposes of the last preceding subsection but subject to the next succeeding subsection, the period of the carriage by air comprises:\n    (a) in relation to baggage other than registered baggage—the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and\n    (b) in relation to registered baggage—the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere.\n  (3) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours.\n  (4) In the application of section 39 in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he or she was not responsible for the damage.\n  (5) Where, in relation to carriage referred to in subsection (4) of section 27, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers (other than a carrier who proves that the baggage was not in the carrier’s charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability.\n\n#### 30 Complaint to be made in respect of baggage\n\n  (1) For the purposes of an action under this Part, evidence proving receipt of registered baggage, without complaint, by the person entitled to delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.\n  (2) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his or her behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed:\n    (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage—within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be;\n    (b) in the case of loss or destruction of the whole of an item of registered baggage—within the period of twenty‑one days from the date on which the baggage should have been placed at the disposal of the passenger; or\n    (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage—within the period of three days from the date on which the carriage of the passenger ended.\n  (3) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding subsection within the time fixed by that subsection, where the court is satisfied that it is just and equitable to do so by reason of special circumstances.\n  (4) Subsection (2) does not apply in relation to an action in respect of which leave has been granted under the last preceding subsection.\n\n#### 31 Limitation of liability\n\n  (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or\n    (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified.\n  (1AA) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (1B) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or\n    (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;\n    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (2A) The amount applicable under this subsection is:\n    (a) $3,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or\n    (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation;\n    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (4) The amount applicable under this subsection is:\n    (a) $300, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n\n#### 32 Contracting out\n\n  (1) Any provision of an agreement tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage.\n  (2) The last preceding subsection does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried.\n\n#### 33 Servants and agents of carrier\n\n  (1) If an action in respect of any damage is brought against a servant or agent of a carrier, the servant or agent, if he or she proves that he or she acted within the scope of his or her employment or authority, is entitled to avail himself or herself of the conditions of liability, and the limits of liability, that the carrier would be entitled to invoke under this Part in an action against the carrier in respect of that damage.\n  (2) The aggregate of the amounts recoverable from the carrier, the carrier’s servants and agents shall not exceed the limits referred to in subsection (1).\n  (3) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in section 34.\n\n#### 34 Limitation of actions\n\n  The right of a person to damages under this Part is extinguished if an action is not brought by him or her or for his or her benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination;\n    (a) the date on which the aircraft ought to have arrived at the destination; or\n    (b) the date on which the carriage stopped;\n  whichever is the later.\n\n#### 35 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 37, the liability under this Part is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n\n#### 36 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 37 Certain liabilities not excluded\n\n  Nothing in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part.\n\n#### 38 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under this Part there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he or she had lived beyond the time at which he or she died.\n\n#### 39 Contributory negligence\n\n  (1) If, in an action against a carrier under this Part, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section.\n  (2) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger.\n  (3) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger in the responsibility for the damage.\n  (4) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with this Part, the court shall further reduce the damages to that maximum amount.\n  (5) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 40 Regulations relating to passenger tickets and baggage checks\n\n  The regulations may make provision relating to passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being provision for:\n    (a) the circumstances in which such tickets and checks must be issued by carriers;\n    (b) matters to be included in such tickets and checks; and\n    (c) the non‑application of a provision of section 31 (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regulations relating to the issue, form and contents of such tickets or checks have not been complied with.\n\n#### 41 Application of Part to cargo\n\n  The regulations may provide for applying, with such exceptions, adaptations and modifications as are prescribed, the provisions of the 1999 Montreal Convention and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the 1999 Montreal Convention shall have the effect of limiting the liability of the carrier to a sum less than the sum to which the carrier’s liability would be limited if those provisions were applied without adaptation or modification.\n\n## Part IVA—Carriers to be insured against liability to passengers for death or personal injury\n\n### Division 1—Preliminary\n\n#### 41A Object of Part\n\n  The object of this Part is to require carriers to hold, in respect of carriage to which Part IA, II, III or IV applies, insurance that will ensure, as far as practicable, that compensation within the limits of liability prescribed by this Act will be paid in respect of death or personal injury suffered by passengers on aircraft.\n\n#### 41B Definitions\n\n  In this Part:\n\n> acceptable contract of insurance has the meaning given by section 41C.\n\n> adequate financial arrangements has the meaning given by section 41C.\n\n> carrier means a person engaged, or proposing to engage, in a passenger‑carrying operation.\n\n> CASA means the Civil Aviation Safety Authority.\n\n> contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, means a contract:\n\n    (a) that is between the carrier and an insurer; and\n    (b) under which the insurer indemnifies the carrier against personal injury liability in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n\n> passenger‑carrying operation means an air transport operation for the carriage of passengers to which Part IA, II, III or IV applies.\n\n> personal injury liability, in respect of a passenger carried, or to be carried, by air by a carrier in a passenger‑carrying operation, means liability under this Act in respect of the death of, or personal injury suffered by, the passenger.\n\n#### 41C Acceptable contracts of insurance and adequate financial arrangements\n\n  Acceptable contracts of insurance\n  (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.\n  (2) The prescribed requirements are:\n    (a) the requirements of subsections (3) and (4); and\n    (b) any other requirements made by the regulations for the purposes of this section.\n  (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:\n    (a) in respect of carriage by a carrier to which Part IA applies:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or\n    (b) in respect of carriage by a domestic carrier to which Part IV applies:\n    (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or\n    (c) in respect of any other carriage:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.\n  (3A) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (3B) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (4) It is a requirement of a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability:\n    (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and\n    (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being or not becoming bankrupt or not beginning to be or not being wound up.\n  (5) The prescribed requirements do not prevent a contract of insurance from including provisions indemnifying the carrier against a liability other than personal injury liability.\n  (6) A contract of insurance under which:\n    (a) the insurer indemnifies the carrier against liability as required by Part 205 of the Federal Aviation Regulations of the United States of America made under the law known as Title 49 United States Code—Transportation; and\n    (b) the insurer’s liability to indemnify the carrier:\n    (i) extends to carriage in, to or from Australia; and\n    (ii) is not affected by any breach of a requirement referred to in paragraph (4)(a);\n  is taken to meet the requirements referred to in subsection (4).\n  Adequate financial arrangements\n  (7) For the purposes of this Part, adequate financial arrangements, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, are financial arrangements that are adequate to discharge any personal injury liability of the carrier in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n  (8) To avoid doubt, an acceptable contract of insurance in relation to a passenger‑carrying operation is an adequate financial arrangement in relation to the operation.\n\n#### 41D Insurer’s liability not affected by exclusions or breaches\n\n  (1) Except as prescribed by the regulations, an insurer’s liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.\n  Regulations may provide for Secretary to determine exclusions\n  (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.\n  (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n### Division 2—Insurance requirements\n\n#### 41E Carriers to be covered by acceptable insurance\n\n  (1) A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.\n  (2) A person who intentionally contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n  (3) A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.\n\n#### 41F Conduct by directors, servants and agents\n\n  (1) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, servant or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the servant or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) If:\n    (a) a person who is an individual is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for the offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Part includes a reference to an offence created by section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Part.\n\n#### 41G Grounds of cancellation of contract of insurance not affected\n\n  Nothing in this Part affects:\n    (a) the grounds on which an insurer may cancel a contract of insurance between the insurer and a carrier; or\n    (b) any right that an insurer may have to recover from a carrier an amount paid by the insurer under a contract of insurance between the insurer and the carrier.\n\n#### 41H Conflict of laws\n\n  If:\n    (a) the proper law of a contract of insurance would, except for a term that it should be the law of a foreign country or a term to a similar effect, be the law of any part of Australia; or\n    (b) a contract of insurance contains a term that purports to substitute, or has the effect of substituting, the law of a foreign country for all or any of the provisions of this Part;\n  this Part applies to the contract despite that term.\n\n#### 41J Injunctions\n\n  (1) In this section:\n\n> prohibited carriage means a passenger‑carrying operation in relation to which:\n\n    (a) an acceptable contract of insurance is not in force; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—an adequate financial arrangement does not exist.\n  (2) If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.\n  (3) If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.\n  (4) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (2).\n  (5) The court may discharge or vary an injunction or an interim injunction granted under this section.\n  (6) The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:\n    (a) whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and\n    (b) whether or not the carrier has previously engaged in prohibited carriage of that kind.\n  (7) A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.\n  (8) The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.\n\n### Division 3—Auditing\n\n#### 41JA Auditing\n\n  CASA may, at any time and from time to time, by written notice given to a carrier, require the carrier, within a period stated in the notice, to produce evidence, satisfactory to CASA, that:\n    (a) an acceptable contract of insurance is in force in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—adequate financial arrangements exist in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in.\n\n#### 41K Audit regulations\n\n  The regulations may make provision for or in relation to:\n    (a) the manner and form in which notices may be given under section 41JA; and\n    (b) the period that may be set out in such notices; and\n    (c) the manner and form in which evidence is to be produced under that section; and\n    (d) the giving by persons referred to in the regulations (who may be individuals not resident in Australia or corporations not incorporated or carrying on business in Australia) of notice (whether in advance, or after the occurrence of the event concerned) to CASA of any modification, cancellation, non‑renewal or expiry, or of any proposed modification, cancellation or non‑renewal, or of any impending expiry, of an acceptable contract of insurance; and\n    (e) the consequences (including any effect on the contract of insurance) of failure to give a notice referred to in paragraph (d).\n\n### Division 4—Miscellaneous\n\n#### 41L Delegation\n\n  (1) The Director may, in writing, delegate all or any of CASA’s powers under this Part to a member of the staff of CASA.\n  (2) The power of delegation includes a power to delegate a power to any member of the staff of CASA from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.\n  (3) If:\n    (a) the Director has, under this section, delegated a power of CASA contained in a provision of this Part; and\n    (b) a delegate exercises the power;\n  a reference in that provision to CASA is taken, in relation to the exercise of the power by the delegate, to be a reference to the delegate.\n  (4) In this section:\n\n> Director has the same meaning as in the Civil Aviation Act 1988.\n\n#### 41M Saving\n\n  Any action taken or any other thing done by, or in relation to, the Minister or a delegate of the Minister before the commencement of this section is to be treated after that commencement as if it had been taken or done by or in relation to CASA.\n\n## Part V—Miscellaneous\n\n#### 41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers\n\n  A law of a State may confer functions and powers on Commonwealth authorities and officers for the purposes of any of the provisions of sections 41B to 41M as those provisions apply as a law of the State, either with or without modifications, and those Commonwealth authorities and officers may perform or exercise the functions or powers so conferred.\n\n#### 42 Stowaways\n\n  (1) Where a person travels in an aircraft without the consent of the carrier and Part IA, Part II, Part III, Part IIIC or Part IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier’s servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.\n  (2) This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.\n  (3) For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.\n\n#### 43 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":81},{"sectionNumber":"41JA","sectionType":"section","heading":"Auditing","content":"#### 41JA Auditing\n\n  CASA may, at any time and from time to time, by written notice given to a carrier, require the carrier, within a period stated in the notice, to produce evidence, satisfactory to CASA, that:\n    (a) an acceptable contract of insurance is in force in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—adequate financial arrangements exist in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in.","sortOrder":82},{"sectionNumber":"41K","sectionType":"section","heading":"Audit regulations","content":"#### 41K Audit regulations\n\n  The regulations may make provision for or in relation to:\n    (a) the manner and form in which notices may be given under section 41JA; and\n    (b) the period that may be set out in such notices; and\n    (c) the manner and form in which evidence is to be produced under that section; and\n    (d) the giving by persons referred to in the regulations (who may be individuals not resident in Australia or corporations not incorporated or carrying on business in Australia) of notice (whether in advance, or after the occurrence of the event concerned) to CASA of any modification, cancellation, non‑renewal or expiry, or of any proposed modification, cancellation or non‑renewal, or of any impending expiry, of an acceptable contract of insurance; and\n    (e) the consequences (including any effect on the contract of insurance) of failure to give a notice referred to in paragraph (d).","sortOrder":83},{"sectionNumber":"Division 4","sectionType":"division","heading":"Miscellaneous","content":"An Act relating to Carriage by Air\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n  This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.\n\n#### 2 Commencement\n\n  (1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.\n  (2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.\n\n#### 5 Interpretation\n\n  (1) In this Act, unless the contrary intention appears:\n\n> Australia includes the Territories.\n\n> Australian person means:\n\n    (a) an individual who is an Australian citizen or is ordinarily resident in Australia; or\n    (b) the Commonwealth, a State or a Territory; or\n    (c) a person who is a nominee of the Commonwealth or of a State or a Territory; or\n    (d) a Commonwealth, State or Territory authority; or\n    (e) a person who is a nominee of a Commonwealth, State or Territory authority; or\n    (f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or\n    (g) a person who is a nominee of a local government body referred to in paragraph (f); or\n    (h) a body corporate that:\n    (i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and\n    (ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or\n    (i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.\n\n> child: without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.\n\n> de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.\n\n> family member has the meaning given by subsections (2) and (3).\n\n> Foreign Affairs Department means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967.\n\n> parent: without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.\n\n> SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.\n\n> stepchild: without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person’s stepchild except that the person is not legally married to the partner.\n\n> step‑parent: without limiting who is a step‑parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step‑parent of the person, if he or she would be the person’s step‑parent except that he or she is not legally married to the person’s parent.\n\n> the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:\n\n    (a) any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and\n    (b) any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.\n\n> the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.\n\n> the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.\n\n> the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.\n\n> the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.\n\n> the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.\n\n> the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.\n\n  Meaning of family member\n  (2) For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:\n    (a) is the passenger’s spouse or de facto partner; or\n    (b) is a parent, step‑parent or grandparent of the passenger; or\n    (c) is a child, step‑child, ward or grandchild of the passenger; or\n    (d) is a sibling, step‑brother, step‑sister, half‑brother or half‑sister of the passenger; or\n    (e) is wholly or partly dependent on the passenger for financial support and is:\n    (i) a foster‑sibling of the passenger; or\n    (ii) a foster‑child of the passenger; or\n    (iii) a guardian of the passenger; or\n    (f) falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.\n  (3) Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:\n    (a) ex‑nuptial relationships; and\n    (b) relationships by adoption; and\n    (c) relationships of child and parent that arise because of the definitions of child and parent in this section; and\n    (d) relationships traced through relationships referred to in paragraphs (a), (b) and (c).\n\n#### 5A Application of the Criminal Code\n\n  Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 6 Extension to Territories\n\n  This Act extends to every Territory.\n\n#### 7 Act to bind Crown\n\n  (1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory.\n  (2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.\n\n#### 8 Texts of Conventions\n\n  (1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:\n    (a) Schedule 1—the Warsaw Convention;\n    (b) Schedule 2—the Warsaw Convention as amended at The Hague;\n    (c) Schedule 3—the Guadalajara Convention;\n    (e) Schedule 5—the Montreal No. 4 Convention.\n  (2) If there is any inconsistency between the text of a Convention, other than the 1999 Montreal Convention, as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.\n  (3) A certificate signed by the Secretary of the Foreign Affairs Department that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol or the Montreal Protocol No. 4 is prima facie evidence that the document is such a true copy.\n\n#### 9 Conversion of SDR to Australian dollars\n\n  In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.\n\n## Part IA—Carriage to which the 1999 Montreal Convention applies\n\n#### 9A Definitions\n\n  In this Part:\n\n> the Convention means the 1999 Montreal Convention as having the force of law because of section 9B.\n\n#### 9B The 1999 Montreal Convention to have force of law\n\n  Subject to this Part, the 1999 Montreal Convention has the force of law in Australia in relation to any carriage by air to which the 1999 Montreal Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n\n#### 9C Limitation of liability for Australian international carriers\n\n  (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.\n  (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.\n  (3) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n> relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.\n\n> Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.\n\n#### 9D Liability in respect of death\n\n  Liability\n  (1) This section applies in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger or in respect of the injury that has resulted in the death of a passenger.\n  (2) Subject to section 9F, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to subsection (4), the liability is enforceable for the benefit of any of the passenger’s family members who sustained damage because of the passenger’s death.\n  (4) The liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative to the extent that the damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; or\n    (b) funeral, medical or hospital expenses paid or incurred by the passenger before the passenger’s death or by the passenger’s personal representative.\n  Action\n  (5) An action to enforce the liability may be brought by:\n    (a) the personal representative of the passenger; or\n    (b) by a person for whose benefit the liability is, under this section, enforceable;\n  but only one action may be brought in Australia in respect of the death of any one passenger.\n  (6) The action to enforce the liability must be for the benefit of all people for whose benefit the liability is enforceable who:\n    (a) are resident in Australia; or\n    (b) not being resident in Australia, express the desire to take the benefit of the action.\n  Damages\n  (7) The damages recoverable in the action include:\n    (a) loss of earnings or profits up to the date of death of the passenger; and\n    (b) the reasonable expenses of the funeral of the passenger; and\n    (c) medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n\n> Note: However, certain types of damages may not be recoverable under Article 29 of the Convention.\n\n  (9) Subject to subsection (10), the amount recovered in the action, after deducting any costs not recovered from the defendant, must be divided among the people entitled in the proportions the court (or, where the action is tried with a jury, the jury) directs.\n  Orders\n  (10) The court may, at any stage of the proceedings, make any order that appears to the court to be just and equitable having regard to:\n    (a) the provisions of the Convention limiting the liability of the carrier; and\n    (b) any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  Costs\n  (11) The second sentence of paragraph 6 of Article 22 of the 1999 Montreal Convention is taken not to apply to an action to which this section applies that is wholly or partly for the benefit of a person or people other than the plaintiff. However, the court may, in such an action, deal with any question of costs in any manner it thinks proper having regard to the operation of the sentence in cases to which it applies.\n\n#### 9E Liability in respect of injury\n\n  Subject to section 9F, the liability of a carrier under the Convention, in respect of personal injury suffered by a passenger that has not resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 9F Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part is to be taken to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory relating to workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by, or in accordance with, the Convention.\n\n#### 9G Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:\n    (a) any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;\n    (b) any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;\n    (c) any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;\n    (e) in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.\n\n#### 9H Contributory negligence\n\n  (1) For the purposes of Article 20 of the Convention, if, in an action against a carrier under the Convention relating to damage:\n    (a) sustained in the case of death or bodily injury of a passenger; or\n    (b) sustained in the case of destruction or loss of, or of damage to, baggage of a passenger; or\n    (c) sustained in the event of the destruction or loss of, or damage to, cargo; or\n    (d) occasioned by delay in the carriage by air of a passenger, a passenger’s baggage, or cargo;\n  the carrier proves that the damage was caused by, or contributed to by, the negligence of the passenger or the consignor of the cargo, the damages recoverable in respect of the damage must be assessed in accordance with this section.\n  (2) The court must determine the damages that would have been recoverable if:\n    (a) there were no limit on the amount of the damages fixed by or in accordance with the Convention; and\n    (b) there had been no negligence on the part of the passenger or consignor.\n  (3) The damages determined under subsection (2) must be reduced to the extent the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (4) If the damages, as reduced in accordance with subsection (3), exceed any maximum liability of the carrier fixed by or in accordance with the Convention, the court must further reduce the damages to the maximum liability.\n  (5) If any case to which subsection (1) applies is tried with a jury, the jury must determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air\n\n  (1) If, at a particular time, an action under the Convention is brought in a court in Australia to enforce a claim in respect of carriage undertaken by a State Party to the 1999 Montreal Convention, the State Party is taken to have submitted to the jurisdiction of the court, unless:\n    (a) the action relates to carriage that is the subject of a declaration by the State Party under Article 57 of the 1999 Montreal Convention; and\n    (b) the declaration is in effect at that time.\n  (2) Nothing in this section authorises the issue of execution against the property of a State Party to the 1999 Montreal Convention.\n\n#### 9K Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, declare that:\n    (a) a State Party specified in the notice has or has not taken any action referred to in Article 53, 54, 56 or 57 of the 1999 Montreal Convention and the particulars of any action so taken; or\n    (b) a revision of the limits of liability, in accordance with Article 24 of the 1999 Montreal Convention, has become effective and the particulars of the revision.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice made under subsection (1) is not a legislative instrument.\n\n#### 9L Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n## Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply\n\n#### 10 Definition\n\n  In this Part:\n\n> the Convention means the Warsaw Convention as amended at The Hague.\n\n#### 11 Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 11A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 12 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n  (11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.\n\n#### 13 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 14 Certain liabilities not excluded\n\n  Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.\n\n#### 15 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.\n\n#### 16 Contributory negligence\n\n  (1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.\n  (2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.\n  (3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.\n  (4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.\n  (5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.\n  (6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).\n\n#### 17 Actions against Parties to the Convention who undertake carriage by air\n\n  (1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.\n  (2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.\n\n#### 18 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;\n    (b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;\n    (c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;\n    (d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;\n    (e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or\n    (f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n\n#### 19 Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.\n\n## Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies\n\n#### 20 Interpretation\n\n  (1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.\n  (2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.\n\n#### 21 Provisions of Convention to have force of law\n\n  (1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.\n\n#### 21A Limitation of liability for Australian international carriers\n\n  (1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (2) In this section:\n\n> Australian international carrier means:\n\n    (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or\n    (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.\n\n> bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.\n\n#### 22 Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the High Contracting Parties to the Convention;\n    (b) the territory in respect of which any such Party is bound by the Convention; and\n    (c) the extent (if any) to which any Party has availed itself of the provisions of the Additional Protocol to the Convention.\n  (2) A notice in force under this section is prima facie evidence of the matters declared.\n  (3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection(3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.\n\n#### 23 Conversion of francs\n\n  Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.\n\n#### 24 Adoption of certain provisions of Part II\n\n  The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.\n\n#### 24A Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25 Duration of Part\n\n  (1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.\n  (2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed.\n\n## Part IIIA—Carriage to which the Guadalajara Convention applies\n\n#### 25A Provisions of Convention to have force of law\n\n  The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.\n\n#### 25B Modification of Parts II and III\n\n  In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.\n\n#### 25C Evidence of certain matters\n\n  (1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.\n  (2) A notice in force under this section is prima facie evidence of the matters specified in the notice.\n\n## Part IIIC—Carriage to which the Montreal No. 4 Convention applies\n\n#### 25J Interpretation\n\n  In this Part:\n\n> the Convention means the Montreal No. 4 Convention.\n\n#### 25K Effect of Convention in Australia\n\n  (1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.\n  (2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.\n\n#### 25L Application of certain provisions of Part IV\n\n  Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:\n    (a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and\n    (b) any other reference to Part IV is taken to be a reference to the Convention.\n\n#### 25M Jurisdiction of State courts preserved\n\n  For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.\n\n#### 25N Evidence of certain matters\n\n  (1) The Minister may, by notice published in the Gazette, from time to time declare:\n    (a) who are the Parties to the Convention; and\n    (b) the territory in respect of which any Party is bound by the Convention; and\n    (c) the extent to which any Party has availed itself of a reservation permitted by the Convention.\n  (2) A notice under this section is prima facie evidence of the matters declared.\n\n## Part IV—Other carriage to which this Act applies\n\n#### 26 Interpretation\n\n  (1) In this Part, unless the contrary intention appears:\n\n> airline licence means:\n\n    (a) an international airline licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.\n\n> baggage, in relation to a passenger, means:\n\n    (a) registered baggage; or\n    (b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.\n\n> charter licence means:\n\n    (a) a charter licence in force under the Air Navigation Regulations; or\n    (b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or\n    (c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.\n\n> commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.\n\n> contract includes an arrangement made without consideration.\n\n> domestic carrier means a carrier operating a flight for the carriage of passengers:\n\n    (a) between a place in a State and a place in another State; or\n    (b) between a place in a Territory and a place in Australia outside that Territory; or\n    (c) between a place in a Territory and another place in that Territory;\n  other than carriage to which Part IA, II or III applies.\n\n> registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.\n\n> the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.\n\n  (1A) If an Air Operator’s Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section 41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.\n  (2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.\n\n#### 27 Application of Part\n\n  (1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:\n    (a) between a place in a State and a place in another State;\n    (b) between a place in a Territory and a place in Australia outside that Territory;\n    (c) between a place in a Territory and another place in that Territory; or\n    (d) between a place in Australia and a place outside Australia;\n  not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.\n  (3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.\n  (4) For the purposes of this section, where:\n    (a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;\n    (b) 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\n    (c) this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;\n  this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.\n\n#### 28 Liability of the carrier for death or injury\n\n  Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any bodily injury suffered by the passenger resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.\n\n#### 29 Liability of the carrier in respect of baggage\n\n  (1) Where this Part applies to the carriage of a passenger, the carrier is liable under this Part, and not otherwise, for damage sustained in the event of the destruction or loss of, or injury to, baggage of the passenger, if the occurrence which causes the destruction, loss or injury takes place during the period of the carriage by air unless the carrier proves that the carrier and the carrier’s servants and agents took all necessary measures to avoid the destruction, loss or injury or that it was impossible for the carrier or them to take such measures.\n  (2) For the purposes of the last preceding subsection but subject to the next succeeding subsection, the period of the carriage by air comprises:\n    (a) in relation to baggage other than registered baggage—the period during which the passenger is on board the aircraft or is in the course of any of the operations of embarking or disembarking; and\n    (b) in relation to registered baggage—the period during which the baggage is in the charge of the carrier, whether on board the aircraft or elsewhere.\n  (3) In proceedings under this section in respect of registered baggage, if the carrier proves that the baggage was, within a period of twelve hours after the arrival of the aircraft at the place to which the baggage was to be carried in the aircraft, available for collection by the passenger at a place at which, under the contract, the baggage was to be or could be made available to the passenger, the period of the carriage by air shall not be deemed to include any time after the expiration of that period of twelve hours.\n  (4) In the application of section 39 in relation to an action under this Part in respect of baggage other than registered baggage, the carrier shall be deemed to have proved that the damage was caused by the negligence of the passenger, except so far as the passenger proves that he or she was not responsible for the damage.\n  (5) Where, in relation to carriage referred to in subsection (4) of section 27, registered baggage has been destroyed, lost or injured in circumstances in which, if the carriage had been performed by a single carrier, that carrier would be subject to liability under this section, the carriers (other than a carrier who proves that the baggage was not in the carrier’s charge at the time of the destruction, loss or injury) are jointly and severally subject to that liability.\n\n#### 30 Complaint to be made in respect of baggage\n\n  (1) For the purposes of an action under this Part, evidence proving receipt of registered baggage, without complaint, by the person entitled to delivery is evidence that the baggage has been delivered in good condition and in accordance with the contract of carriage.\n  (2) An action does not lie against a carrier under this Part in respect of baggage, except in case of fraud on the part of the carrier, unless the passenger, or a person acting on his or her behalf, has complained by writing delivered to the carrier or served on the carrier by post or in such other manner as is prescribed:\n    (a) in the case of injury to registered baggage or of loss or destruction of part only of an item of registered baggage—within the period of three days after the date of receipt by or on behalf of the passenger of the baggage, or of the remainder of that item of baggage, as the case may be;\n    (b) in the case of loss or destruction of the whole of an item of registered baggage—within the period of twenty‑one days from the date on which the baggage should have been placed at the disposal of the passenger; or\n    (c) in the case of injury to, or loss or destruction of, baggage other than registered baggage—within the period of three days from the date on which the carriage of the passenger ended.\n  (3) A court having jurisdiction in actions under this Part in respect of baggage may, by order, grant leave to a person to institute or continue an action in that court in relation to baggage notwithstanding that there has been a failure to complain in accordance with the last preceding subsection within the time fixed by that subsection, where the court is satisfied that it is just and equitable to do so by reason of special circumstances.\n  (4) Subsection (2) does not apply in relation to an action in respect of which leave has been granted under the last preceding subsection.\n\n#### 31 Limitation of liability\n\n  (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or\n    (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified.\n  (1AA) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:\n    (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or\n    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or\n    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or\n    (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.\n  (1B) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or\n    (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;\n    is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (2A) The amount applicable under this subsection is:\n    (a) $3,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:\n    (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or\n    (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or\n    (c) where an amount that exceeds:\n    (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or\n    (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation;\n    is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.\n  (4) The amount applicable under this subsection is:\n    (a) $300, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n\n#### 32 Contracting out\n\n  (1) Any provision of an agreement tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability provided by this Part is null and void, but the nullity of such a provision does not involve the nullity of the whole contract of carriage.\n  (2) The last preceding subsection does not apply to provisions governing loss or damage resulting from the inherent defect, quality or vice of goods carried.\n\n#### 33 Servants and agents of carrier\n\n  (1) If an action in respect of any damage is brought against a servant or agent of a carrier, the servant or agent, if he or she proves that he or she acted within the scope of his or her employment or authority, is entitled to avail himself or herself of the conditions of liability, and the limits of liability, that the carrier would be entitled to invoke under this Part in an action against the carrier in respect of that damage.\n  (2) The aggregate of the amounts recoverable from the carrier, the carrier’s servants and agents shall not exceed the limits referred to in subsection (1).\n  (3) The right to bring an action against a servant or agent of a carrier in respect of any damage, being damage which gave rise to a cause of action against the carrier under this Part, is extinguished if the action is not brought within the time specified in section 34.\n\n#### 34 Limitation of actions\n\n  The right of a person to damages under this Part is extinguished if an action is not brought by him or her or for his or her benefit within two years after the date of arrival of the aircraft at the destination, or, where the aircraft did not arrive at the destination;\n    (a) the date on which the aircraft ought to have arrived at the destination; or\n    (b) the date on which the carriage stopped;\n  whichever is the later.\n\n#### 35 Liability in respect of death\n\n  (1) The provisions of this section apply in relation to liability imposed by this Part on a carrier in respect of the death of a passenger (including the injury that resulted in the death).\n  (2) Subject to section 37, the liability under this Part is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.\n  (3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the passenger’s family members as sustained damage by reason of his or her death.\n  (4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his or her death or by his or her personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his or her capacity as personal representative.\n  (6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in respect of the death of any one passenger, and such an action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.\n  (7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.\n  (8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.\n  (9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.\n  (10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of this Part limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.\n\n#### 36 Liability in respect of injury\n\n  Subject to the next succeeding section, the liability of a carrier under this Part in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.\n\n#### 37 Certain liabilities not excluded\n\n  Nothing in this Part shall be deemed to exclude any liability of a carrier:\n    (a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or\n    (b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;\n  but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with this Part.\n\n#### 38 Proceeds of insurance policies etc.\n\n  In assessing damages in respect of liability under this Part there shall not be taken into account by way of reduction of the damages:\n    (a) a sum paid or payable on the death of, or injury to, a passenger under a contract of insurance; or\n    (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or\n    (c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or\n    (d) in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger’s death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or\n    (e) a premium that would have become payable under a contract of insurance in respect of the life of a deceased passenger if he or she had lived beyond the time at which he or she died.\n\n#### 39 Contributory negligence\n\n  (1) If, in an action against a carrier under this Part, the carrier proves that the damage was caused or contributed to by the negligence of the passenger, the damages recoverable shall be assessed in accordance with this section.\n  (2) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with this Part and there had been no negligence on the part of the passenger.\n  (3) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger in the responsibility for the damage.\n  (4) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with this Part, the court shall further reduce the damages to that maximum amount.\n  (5) Where any case to which subsection (1) applies is tried with a jury, the jury shall determine the damages referred to in subsection (2) and the amount of the reduction under subsection (3).\n\n#### 40 Regulations relating to passenger tickets and baggage checks\n\n  The regulations may make provision relating to passenger tickets and baggage checks in respect of passengers or baggage in relation to whom or which this Part applies, being provision for:\n    (a) the circumstances in which such tickets and checks must be issued by carriers;\n    (b) matters to be included in such tickets and checks; and\n    (c) the non‑application of a provision of section 31 (except in cases where the limit of liability under that provision is a sum specified in the contract of carriage) where specified provisions of the regulations relating to the issue, form and contents of such tickets or checks have not been complied with.\n\n#### 41 Application of Part to cargo\n\n  The regulations may provide for applying, with such exceptions, adaptations and modifications as are prescribed, the provisions of the 1999 Montreal Convention and any of the provisions of this Act to and in relation to the carriage of cargo, being carriage in relation to which, if it were the carriage of passengers, this Part would apply, but so that no adaptation or modification of the provisions of Article 22 of the 1999 Montreal Convention shall have the effect of limiting the liability of the carrier to a sum less than the sum to which the carrier’s liability would be limited if those provisions were applied without adaptation or modification.\n\n## Part IVA—Carriers to be insured against liability to passengers for death or personal injury\n\n### Division 1—Preliminary\n\n#### 41A Object of Part\n\n  The object of this Part is to require carriers to hold, in respect of carriage to which Part IA, II, III or IV applies, insurance that will ensure, as far as practicable, that compensation within the limits of liability prescribed by this Act will be paid in respect of death or personal injury suffered by passengers on aircraft.\n\n#### 41B Definitions\n\n  In this Part:\n\n> acceptable contract of insurance has the meaning given by section 41C.\n\n> adequate financial arrangements has the meaning given by section 41C.\n\n> carrier means a person engaged, or proposing to engage, in a passenger‑carrying operation.\n\n> CASA means the Civil Aviation Safety Authority.\n\n> contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, means a contract:\n\n    (a) that is between the carrier and an insurer; and\n    (b) under which the insurer indemnifies the carrier against personal injury liability in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n\n> passenger‑carrying operation means an air transport operation for the carriage of passengers to which Part IA, II, III or IV applies.\n\n> personal injury liability, in respect of a passenger carried, or to be carried, by air by a carrier in a passenger‑carrying operation, means liability under this Act in respect of the death of, or personal injury suffered by, the passenger.\n\n#### 41C Acceptable contracts of insurance and adequate financial arrangements\n\n  Acceptable contracts of insurance\n  (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.\n  (2) The prescribed requirements are:\n    (a) the requirements of subsections (3) and (4); and\n    (b) any other requirements made by the regulations for the purposes of this section.\n  (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:\n    (a) in respect of carriage by a carrier to which Part IA applies:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or\n    (b) in respect of carriage by a domestic carrier to which Part IV applies:\n    (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or\n    (c) in respect of any other carriage:\n    (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or\n    (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.\n  (3A) The number of SDRs applicable under this subsection is:\n    (a) 480,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.\n  (3B) The amount applicable under this subsection is:\n    (a) $925,000, unless paragraph (b) applies; or\n    (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.\n  (4) It is a requirement of a contract of insurance that, under the contract, the insurer’s liability to indemnify the carrier against personal injury liability:\n    (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and\n    (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being or not becoming bankrupt or not beginning to be or not being wound up.\n  (5) The prescribed requirements do not prevent a contract of insurance from including provisions indemnifying the carrier against a liability other than personal injury liability.\n  (6) A contract of insurance under which:\n    (a) the insurer indemnifies the carrier against liability as required by Part 205 of the Federal Aviation Regulations of the United States of America made under the law known as Title 49 United States Code—Transportation; and\n    (b) the insurer’s liability to indemnify the carrier:\n    (i) extends to carriage in, to or from Australia; and\n    (ii) is not affected by any breach of a requirement referred to in paragraph (4)(a);\n  is taken to meet the requirements referred to in subsection (4).\n  Adequate financial arrangements\n  (7) For the purposes of this Part, adequate financial arrangements, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, are financial arrangements that are adequate to discharge any personal injury liability of the carrier in respect of each passenger carried, or to be carried, by air by the carrier in the operation.\n  (8) To avoid doubt, an acceptable contract of insurance in relation to a passenger‑carrying operation is an adequate financial arrangement in relation to the operation.\n\n#### 41D Insurer’s liability not affected by exclusions or breaches\n\n  (1) Except as prescribed by the regulations, an insurer’s liability under a contract of insurance to indemnify the carrier against personal injury liability to the extent mentioned in subsection 41C(3) is not affected by any warranty or exclusion in the contract of insurance or by any breach of the contract of insurance by the carrier.\n  Regulations may provide for Secretary to determine exclusions\n  (2) Without limiting the regulations that may be made for the purposes of subsection (1), the regulations may confer a power on the Secretary of the Department to make a determination, by legislative instrument, in relation to exclusions of liability.\n  (3) If the regulations make provision as mentioned in subsection (2), the regulations may also provide for the Secretary of the Department to delegate that power to a SES employee, or an acting SES employee, in the Department.\n\n> Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.\n\n### Division 2—Insurance requirements\n\n#### 41E Carriers to be covered by acceptable insurance\n\n  (1) A person (other than a person who is, or is an agent of, the Crown in any capacity) must not engage in, or propose to engage in, a passenger‑carrying operation, unless an acceptable contract of insurance in relation to the operation is in force.\n  (2) A person who intentionally contravenes subsection (1) commits an offence punishable on conviction by imprisonment for a period of not more than 2 years.\n\n> Note: Subsection 4B(2) of the Crimes Act 1914 allows a court to impose in respect of an offence an appropriate fine instead of, or in addition to, a term of imprisonment. If a body corporate is convicted of an offence, subsection 4B(3) of that Act allows a court to impose a fine of an amount that is not greater than 5 times the maximum fine that could be imposed by the court on an individual convicted of the same offence.\n\n  (3) A person who is, or is an agent of, the Crown in any capacity must not engage in, or propose to engage in, a passenger‑carrying operation, unless adequate financial arrangements in relation to the operation exist.\n\n#### 41F Conduct by directors, servants and agents\n\n  (1) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of a body corporate in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and\n    (b) that the director, servant or agent had the state of mind.\n  (2) Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.\n  (3) If, in proceedings for an offence against this Part, it is necessary to establish the state of mind of an individual in relation to particular conduct, it is sufficient to show:\n    (a) that the conduct was engaged in by a servant or agent of the individual within the scope of his or her actual or apparent authority; and\n    (b) that the servant or agent had the state of mind.\n  (4) Any conduct engaged in on behalf of an individual by a servant or agent of the individual within the scope of his or her actual or apparent authority is taken, for the purposes of a prosecution for an offence against this Part, to have been engaged in also by the individual unless the individual establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.\n  (5) If:\n    (a) a person who is an individual is convicted of an offence; and\n    (b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted;\n  the person is not liable to be punished by imprisonment for the offence.\n  (6) A reference in subsection (1) or (3) to the state of mind of a person includes a reference to:\n    (a) the knowledge, intention, opinion, belief or purpose of the person; and\n    (b) the person’s reasons for the intention, opinion, belief or purpose.\n  (7) A reference in this section to a director of a body corporate includes a reference to a constituent member of, or to a member of a board or other group of persons administering or managing the affairs of, a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory.\n  (8) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.\n  (9) A reference in this section to an offence against this Part includes a reference to an offence created by section 6 of the Crimes Act 1914 or section 11.1, 11.4 or 11.5 of the Criminal Code that relates to this Part.\n\n#### 41G Grounds of cancellation of contract of insurance not affected\n\n  Nothing in this Part affects:\n    (a) the grounds on which an insurer may cancel a contract of insurance between the insurer and a carrier; or\n    (b) any right that an insurer may have to recover from a carrier an amount paid by the insurer under a contract of insurance between the insurer and the carrier.\n\n#### 41H Conflict of laws\n\n  If:\n    (a) the proper law of a contract of insurance would, except for a term that it should be the law of a foreign country or a term to a similar effect, be the law of any part of Australia; or\n    (b) a contract of insurance contains a term that purports to substitute, or has the effect of substituting, the law of a foreign country for all or any of the provisions of this Part;\n  this Part applies to the contract despite that term.\n\n#### 41J Injunctions\n\n  (1) In this section:\n\n> prohibited carriage means a passenger‑carrying operation in relation to which:\n\n    (a) an acceptable contract of insurance is not in force; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—an adequate financial arrangement does not exist.\n  (2) If CASA has reason to believe that a carrier has engaged, or is proposing to engage, in prohibited carriage, CASA may apply to a court of competent jurisdiction for an injunction restraining the carrier from engaging in the carriage.\n  (3) If the carrier does not satisfy the court that it is not engaging, or proposing to engage, in prohibited carriage, the court must grant the injunction.\n  (4) If in the opinion of the court it is desirable to do so, the court may grant an interim injunction pending determination of an application under subsection (2).\n  (5) The court may discharge or vary an injunction or an interim injunction granted under this section.\n  (6) The power of the court to grant an injunction or an interim injunction restraining a carrier from engaging in prohibited carriage may be exercised:\n    (a) whether or not it appears to the court that the carrier intends to engage again, or to continue to engage, in prohibited carriage of that kind; and\n    (b) whether or not the carrier has previously engaged in prohibited carriage of that kind.\n  (7) A court must not require CASA, as a condition of granting an interim injunction, to give any undertakings as to damages.\n  (8) The Federal Court of Australia is invested with federal jurisdiction in matters where CASA applies for an injunction or an interim injunction under this section.\n\n### Division 3—Auditing\n\n#### 41JA Auditing\n\n  CASA may, at any time and from time to time, by written notice given to a carrier, require the carrier, within a period stated in the notice, to produce evidence, satisfactory to CASA, that:\n    (a) an acceptable contract of insurance is in force in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in; or\n    (b) if the carrier is, or is an agent of, the Crown in any capacity—adequate financial arrangements exist in relation to a specified passenger‑carrying operation that the carrier engages in, or proposes to engage in.\n\n#### 41K Audit regulations\n\n  The regulations may make provision for or in relation to:\n    (a) the manner and form in which notices may be given under section 41JA; and\n    (b) the period that may be set out in such notices; and\n    (c) the manner and form in which evidence is to be produced under that section; and\n    (d) the giving by persons referred to in the regulations (who may be individuals not resident in Australia or corporations not incorporated or carrying on business in Australia) of notice (whether in advance, or after the occurrence of the event concerned) to CASA of any modification, cancellation, non‑renewal or expiry, or of any proposed modification, cancellation or non‑renewal, or of any impending expiry, of an acceptable contract of insurance; and\n    (e) the consequences (including any effect on the contract of insurance) of failure to give a notice referred to in paragraph (d).\n\n### Division 4—Miscellaneous\n\n#### 41L Delegation\n\n  (1) The Director may, in writing, delegate all or any of CASA’s powers under this Part to a member of the staff of CASA.\n  (2) The power of delegation includes a power to delegate a power to any member of the staff of CASA from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.\n  (3) If:\n    (a) the Director has, under this section, delegated a power of CASA contained in a provision of this Part; and\n    (b) a delegate exercises the power;\n  a reference in that provision to CASA is taken, in relation to the exercise of the power by the delegate, to be a reference to the delegate.\n  (4) In this section:\n\n> Director has the same meaning as in the Civil Aviation Act 1988.\n\n#### 41M Saving\n\n  Any action taken or any other thing done by, or in relation to, the Minister or a delegate of the Minister before the commencement of this section is to be treated after that commencement as if it had been taken or done by or in relation to CASA.\n\n## Part V—Miscellaneous\n\n#### 41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers\n\n  A law of a State may confer functions and powers on Commonwealth authorities and officers for the purposes of any of the provisions of sections 41B to 41M as those provisions apply as a law of the State, either with or without modifications, and those Commonwealth authorities and officers may perform or exercise the functions or powers so conferred.\n\n#### 42 Stowaways\n\n  (1) Where a person travels in an aircraft without the consent of the carrier and Part IA, Part II, Part III, Part IIIC or Part IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier’s servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.\n  (2) This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.\n  (3) For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.\n\n#### 43 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":84},{"sectionNumber":"41L","sectionType":"section","heading":"Delegation","content":"#### 41L Delegation\n\n  (1) The Director may, in writing, delegate all or any of CASA’s powers under this Part to a member of the staff of CASA.\n  (2) The power of delegation includes a power to delegate a power to any member of the staff of CASA from time to time holding, occupying, or performing the duties of, a specified office or position, even if the office or position does not come into existence until after the delegation is given.\n  (3) If:\n    (a) the Director has, under this section, delegated a power of CASA contained in a provision of this Part; and\n    (b) a delegate exercises the power;\n  a reference in that provision to CASA is taken, in relation to the exercise of the power by the delegate, to be a reference to the delegate.\n  (4) In this section:\n\n> Director has the same meaning as in the Civil Aviation Act 1988.","sortOrder":85},{"sectionNumber":"41M","sectionType":"section","heading":"Saving","content":"#### 41M Saving\n\n  Any action taken or any other thing done by, or in relation to, the Minister or a delegate of the Minister before the commencement of this section is to be treated after that commencement as if it had been taken or done by or in relation to CASA.","sortOrder":86},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"## Part V—Miscellaneous","sortOrder":87},{"sectionNumber":"41N","sectionType":"section","heading":"Corresponding State laws may confer functions and powers on Commonwealth authorities and officers","content":"#### 41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers\n\n  A law of a State may confer functions and powers on Commonwealth authorities and officers for the purposes of any of the provisions of sections 41B to 41M as those provisions apply as a law of the State, either with or without modifications, and those Commonwealth authorities and officers may perform or exercise the functions or powers so conferred.","sortOrder":88},{"sectionNumber":"42","sectionType":"section","heading":"Stowaways","content":"#### 42 Stowaways\n\n  (1) Where a person travels in an aircraft without the consent of the carrier and Part IA, Part II, Part III, Part IIIC or Part IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier’s servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.\n  (2) This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.\n  (3) For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.","sortOrder":89},{"sectionNumber":"43","sectionType":"section","heading":"Regulations","content":"#### 43 Regulations\n\n  The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":90},{"sectionNumber":"Chapter I—Scope—Definitions","sectionType":"division","heading":"Chapter I—Scope—Definitions","content":"### Chapter I—Scope—Definitions\n\nArticle 1\n\n  1. This Convention applies to all international carriage of persons, baggage or cargo performed by aircraft for reward. It applies equally to gratuitous carriage by aircraft performed by an air transport undertaking.\n  2. For the purposes of this Convention the expression “international carriage” means any carriage in which, according to the agreement between the parties, the place of departure and the place of destination, whether or not there be a break in the carriage or a transhipment, are situated either within the territories of two High Contracting Parties, or within the territory of a single High Contracting Party, if there is an agreed stopping place within a territory subject to the sovereignty, suzerainty, mandate or authority of another Power, even though that Power is not a party to this Convention. A carriage without such an agreed stopping place between territories subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party is not deemed to be international for the purposes of this Convention.\n  3. Carriage to be performed by several successive air carriers is deemed, for the purposes of this Convention, to be one undivided carriage, if it has been regarded by the parties as a single operation, whether it had been agreed upon under the form of a single contract or of a series of contracts, and it does not lose its international character merely because one contract or a series of contracts is to be performed entirely within a territory subject to the sovereignty, suzerainty, mandate or authority of the same High Contracting Party.\n\nArticle 2\n\n  1. The Convention applies to carriage performed by the State or by legally constituted public bodies provided it falls within the conditions laid down in Article 1.\n  2. This Convention does not apply to carriage performed under the terms of any international postal Convention.","sortOrder":91},{"sectionNumber":"Chapter II—Documents of Carriage","sectionType":"division","heading":"Chapter II—Documents of Carriage","content":"### Chapter II—Documents of Carriage\n\nSECTION 1—PASSENGER TICKET\n\nArticle 3\n\n  1. For the carriage of passengers the carrier must deliver a passenger ticket which shall contain the following particulars:\n  (a) the place and date of issue;\n  (b) the place of departure and of destination;\n  (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right, the alteration shall not have the effect of depriving the carriage of its international character;\n  (d) the name and address of the carrier or carriers;\n  (e) a statement that the carriage is subject to the rules relating to liability established by this Convention.\n  2. The absence, irregularity or loss of the passenger ticket does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts a passenger without a passenger ticket having been delivered he shall not be entitled to avail himself of those provisions of this Convention which exclude or limit his liability.\n\nSECTION 2—BAGGAGE CHECK\n\nArticle 4\n\n  1. For the carriage of baggage, other than small personal objects of which the passenger takes charge himself, the carrier must deliver a baggage check.\n  2. The baggage check shall be made out in duplicate, one part for the passenger and the other part for the carrier.\n  3. The baggage check shall contain the following particulars:\n  (a) the place and date of issue;\n  (b) the place of departure and of destination;\n  (c) the name and address of the carrier or carriers;\n  (d) the number of the passenger ticket;\n  (e) a statement that delivery of the baggage will be made to the bearer of the baggage check;\n  (f) the number and weight of the packages;\n  (g) the amount of the value declared in accordance with Article 22(2);\n  (h) a statement that the carriage is subject to the rules relating to liability established by this Convention.\n  4. The absence, irregularity or loss of the baggage check does not affect the existence or the validity of the contract of carriage, which shall none the less be subject to the rules of this Convention. Nevertheless, if the carrier accepts baggage without a baggage check having been delivered, or if the baggage check does not contain the particulars set out at (d)(f) and (h) above, the carrier shall not be entitled to avail himself of those provisions of the Convention which exclude or limit his liability.\n\nSection 3—Air Waybill\n\nArticle 5\n\n  1. Every carrier of cargo has the right to require the consignor to make out and hand over to him a document called an “air waybill”; every consignor has the right to require the carrier to accept this document.\n  2. The absence, irregularity or loss of this document does not affect the existence or the validity of the contract of carriage which shall, subject to the provisions of Article 9, be none the less governed by the rules of this Convention.\n\nArticle 6\n\n  1. The air waybill shall be made out by the consignor in three original parts and be handed over with the cargo.\n  2. The first part shall be marked “for the carrier”, and shall be signed by the consignor. The second part shall be marked “for the consignee”; it shall be signed by the consignor and by the carrier and shall accompany the cargo. The third part shall be signed by the carrier and handed by him to the consignor after the cargo has been accepted.\n  3. The carrier shall sign on acceptance of the cargo.\n  4. The signature of the carrier may be stamped; that of the consignor may be printed or stamped.\n  5. If, at the request of the consignor, the carrier makes out the air waybill, he shall be deemed, subject to proof to the contrary, to have done so on behalf of the consignor.\n\nArticle 7\n\n  The carrier of cargo has the right to require the consignor to make out separate air waybills when there is more than one package.\n\nArticle 8\n\n  The air waybill shall contain the following particulars:\n  (a) the place and date of its execution;\n  (b) the place of departure and of destination;\n  (c) the agreed stopping places, provided that the carrier may reserve the right to alter the stopping places in case of necessity, and that if he exercises that right the alteration shall not have the effect of depriving the carriage of its international character;\n  (d) the name and address of the consignor;\n  (e) the name and address of the first carrier;\n  (f) the name and address of the consignee, if the case so requires;\n  (g) the nature of the cargo;\n  (h) the number of the packages, the method of packing and the particular marks or numbers upon them;\n  (i) the weight, the quantity and the volume or dimensions of the cargo;\n  (j) the apparent condition of the cargo and of the packing;\n  (k) the freight, if it has been agreed upon, the date and place of payment, and the person who is to pay it;\n  (l) if the cargo is sent for payment on delivery, the price of the cargo, and, if the case so requires, the amount of the expenses incurred;\n  (m) the amount of the value declared in accordance with Article 22(2);\n  (n) the number of parts of the air waybill;\n  (o) the documents handed to the carrier to accompany the air waybill;\n  (p) the time fixed for the completion of the carriage and a brief note of the route to be followed, if these matters have been agreed upon;\n  (q) a statement that the carriage is subject to the rules relating to liability established by this Convention.\n\nArticle 9\n\n  If the carrier accepts cargo without an air waybill having been made out, or if the air waybill does not contain all the particulars set out in Article 8(a) to (i) inclusive and (q), the carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability.\n\nArticle 10\n\n  1. The consignor is responsible for the correctness of the particulars and statements relating to the cargo which he inserts in the air waybill.\n  2. The consignor will be liable for all damage suffered by the carrier or any other person by reason of the irregularity, incorrectness or incompleteness of the said particulars and statements.\n\nArticle 11\n\n  1. The air waybill is prima facie evidence of the conclusion of the contract, of the receipt of the cargo and of the conditions of carriage.\n  2. The statements in the air waybill relating to the weight, dimensions and packing of the cargo, as well as those relating to the number of packages, are prima facie evidence of the facts stated; those relating to the quantity, volume and condition of the cargo do not constitute evidence against the carrier except so far as they both have been, and are stated in the air waybill to have been, checked by him in the presence of the consignor, or relate to the apparent condition of the cargo.\n\nArticle 12\n\n  1. Subject to his liability to carry out all his obligations under the contract of carriage, the consignor has the right to dispose of the cargo by withdrawing it at the aerodrome of departure or destination, or by stopping it in the course of the journey on any landing, or by calling for it to be delivered at the place of destination or in the course of the journey to a person other than the consignee named in the air waybill, or by requiring it to be returned to the aerodrome of departure. He must not exercise this right of disposition in such a way as to prejudice the carrier or other consignors and he must repay any expenses occasioned by the exercise of this right.\n  2. If it is impossible to carry out the orders of the consignor the carrier must so inform him forthwith.\n  3. If the carrier obeys the orders of the consignor for the disposition of the cargo without requiring the production of the part of the air waybill delivered to the latter, he will be liable, without prejudice to his right of recovery from the consignor, for any damage which may be caused thereby to any person who is lawfully in possession of that part of the air waybill.\n  4. The right conferred on the consignor ceases at the moment when that of the consignee begins in accordance with Article 13. Nevertheless, if the consignee declines to accept the air waybill or the cargo, or if he cannot be communicated with, the consignor resumes his right of disposition.\n\nArticle 13\n\n  1. Except in the circumstances set out in the preceding Article, the consignee is entitled, on arrival of the cargo at the place of destination, to require the carrier to hand over to him the air waybill and to deliver the cargo to him, on payment of the charges due and on complying with the conditions of carriage set out in the air waybill.\n  2. Unless it is otherwise agreed, it is the duty of the carrier to give notice to the consignee as soon as the cargo arrives.\n  3. If the carrier admits the loss of the cargo, or if the cargo has not arrived at the expiration of seven days after the date on which it ought to have arrived, the consignee is entitled to put into force against the carrier the rights which flow from the contract of carriage.\n\nArticle 14\n\n  The consignor and the consignee can respectively enforce all the rights given them by Articles 12 and 13, each in his own name, whether he is acting in his own interest or in the interest of another, provided that he carries out the obligations imposed by the contract.\n\nArticle 15\n\n  1. Articles 12, 13 and 14 do not affect either the relations of the consignor or the consignee with each other or the mutual relations of third parties whose rights are derived either from the consignor or from the consignee.\n  2. The provisions of Articles 12, 13 and 14 can only be varied by express provision in the air waybill.\n\nArticle 16\n\n  1. The consignor must furnish such information and attach to the air waybill such documents as are necessary to meet the formalities of customs, octroi or police before the cargo can be delivered to the consignee. The consignor is liable to the carrier for any damage occasioned by the absence, insufficiency or irregularity of any such information or documents, unless the damage is due to the fault of the carrier or his servants or agents.\n  2. The carrier is under no obligation to inquire into the correctness or sufficiency of such information or documents.","sortOrder":92},{"sectionNumber":"Chapter III—Liability of the Carrier","sectionType":"division","heading":"Chapter III—Liability of the Carrier","content":"### Chapter III—Liability of the Carrier\n\nArticle 17\n\n  The carrier is liable for damage sustained in the event of the death or wounding of a passenger or any other bodily injury suffered by a passenger, if the accident which caused the damage so sustained took place on board the aircraft or in the course of any of the operations of embarking or disembarking.\n\nArticle 18\n\n  1. The carrier is liable for damage sustained in the event of the destruction or loss of, or of damage to, any registered baggage or any cargo, if the occurrence which caused the damage so sustained took place during the carriage by air.\n  2. The carriage by air within the meaning of the preceding paragraph comprises the period during which the baggage or cargo is in charge of the carrier, whether in an aerodrome or on board an aircraft, or, in the case of a landing outside an aerodrome, in any place whatsoever.\n  3. The period of the carriage by air does not extend to any carriage by land, by sea or by river performed outside an aerodrome. If, however, such a carriage takes place in the performance of a contract for carriage by air, for the purpose of loading, delivery or trans‑shipment, any damage is presumed, subject to proof to the contrary, to have been the result of an event which took place during the carriage by air.\n\nArticle 19\n\n  The carrier is liable for damage occasioned by delay in the carriage by air of passengers, baggage or cargo.\n\nArticle 20\n\n  1. The carrier is not liable if he proves that he and his servants and agents have taken all necessary measures to avoid the damage or that it was impossible for him or them to take such measures.\n  2. In the carriage of cargo and baggage the carrier is not liable if he proves that the damage was occasioned by negligent pilotage or negligence in the handling of the aircraft or in navigation and that, in all other respects, he and his agents have taken all necessary measures to avoid the damage.\n\nArticle 21\n\n  If the carrier proves that the damage was caused by or contributed to by the negligence of the injured person the Court may, in accordance with the provisions of its own law, exonerate the carrier wholly or partly from his liability.\n\nArticle 22\n\n  1. In the carriage of passengers the liability of the carrier for each passenger is limited to the sum of 125,000 francs. Where, in accordance with the law of the Court seised of the case, damages may be awarded in the form of periodical payments, the equivalent capital value of the said payments shall not exceed 125,000 francs. Nevertheless, by special contract, the carrier and the passenger may agree to a higher limit of liability.\n  2. In the carriage of registered baggage and of cargo, the liability of the carrier is limited to a sum of 250 francs per kilogram, unless the consignor has made, at the time when the package was handed over to the carrier, a special declaration of the value at delivery and has paid a supplementary sum if the case so requires. In that case the carrier will be liable to pay a sum not exceeding the declared sum, unless he proves that that sum is greater than the actual value to the consignor at delivery.\n  3. As regards objects of which the passenger takes charge himself the liability of the carrier is limited to 5,000 francs per passenger.\n  4. The sums mentioned above shall be deemed to refer to the French franc consisting of 65½ milligrams gold of millesimal fineness 900. These sums may be converted into any national currency in round figures.\n\nArticle 23\n\n  Any provision tending to relieve the carrier of liability or to fix a lower limit than that which is laid down in this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole contract, which shall remain subject to the provisions of this Convention.\n\nArticle 24\n\n  1. In the cases covered by Articles 18 and 19 any action for damages, however founded, can only be brought subject to the conditions and limits set out in this Convention.\n  2. In the cases covered by Article 17 the provisions of the preceding paragraph also apply, without prejudice to the questions as to who are the persons who have the right to bring suit and what are their respective rights.\n\nArticle 25\n\n  1. The carrier shall not be entitled to avail himself of the provisions of this Convention which exclude or limit his liability, if the damage is caused by his wilful misconduct or by such default on his part as, in accordance with the law of the Court seised of the case, is considered to be equivalent to wilful misconduct.\n  2. Similarly the carrier shall not be entitled to avail himself of the said provisions, if the damage is caused as aforesaid by any servant or agent of the carrier acting within the scope of his employment.\n\nArticle 26\n\n  1. Receipt by the person entitled to delivery of baggage or cargo without complaint is prima facie evidence that the same has been delivered in good condition and in accordance with the document of carriage.\n  2. In the case of damage, the person entitled to delivery must complain to the carrier forthwith after the discovery of the damage, and, at the latest, within three days from the date of receipt in the case of baggage and seven days from the date of receipt in the case of cargo. In the case of delay the complaint must be made at the latest within fourteen days from the date on which the baggage or cargo has been placed at his disposal.\n  3. Every complaint must be made in writing upon the document of carriage or by separate notice in writing despatched within the times aforesaid.\n  4. Failing complaint within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on his part.\n\nArticle 27\n\n  In the case of the death of the person liable, an action for damages lies in accordance with the terms of this Convention against those legally representing his estate.\n\nArticle 28\n\n  1. An action for damages must be brought, at the option of the plaintiff, in the territory of one of the High Contracting Parties, either before the Court having jurisdiction where the carrier is ordinarily resident, or has his principal place of business, or has an establishment by which the contract has been made or before the Court having jurisdiction at the place of destination.\n  2. Questions of procedure shall be governed by the law of the Court seised of the case.\n\nArticle 29\n\n  1. The right to damages shall be extinguished if an action is not brought within two years, reckoned from the date of arrival at the destination, or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.\n  2. The method of calculating the period of limitation shall be determined by the law of the Court seised of the case.\n\nArticle 30\n\n  1. In the case of carriage to be performed by various successive carriers and falling within the definition set out in the third paragraph of Article 1, each carrier who accepts passengers, baggage or cargo is subjected to the rules set out in this Convention, and is deemed to be one of the contracting parties to the contract of carriage in so far as the contract deals with that part of the carriage which is performed under his supervision.\n  2. In the case of carriage of this nature, the passenger or his representative can take action only against the carrier who performed the carriage during which the accident or the delay occurred, save in the case where, by express agreement, the first carrier has assumed liability for the whole journey.\n  3. As regards baggage or cargo, the passenger or consignor will have a right of action against the first carrier, and the passenger or consignee who is entitled to delivery will have a right of action against the last carrier, and further, each may take action against the carrier who performed the carriage during which the destruction, loss, or damage or delay took place. These carriers will be jointly and severally liable to the passenger or to the consignor or consignee.","sortOrder":93},{"sectionNumber":"Chapter IV—Provisions Relating to Combin","sectionType":"division","heading":"Chapter IV—Provisions Relating to Combined Carriage","content":"### Chapter IV—Provisions Relating to Combined Carriage\n\nArticle 31\n\n  1. In the case of combined carriage performed partly by air and partly by any other mode of carriage, the provisions of this Convention apply only to the carriage by air, provided that the carriage by air falls within the terms of Article 1.\n  2. Nothing in this Convention shall prevent the parties in the case of combined carriage from inserting in the document of air carriage conditions relating to other modes of carriage, provided that the provisions of this Convention are observed as regards the carriage by air.","sortOrder":94},{"sectionNumber":"Chapter V—General and Final Provisions","sectionType":"division","heading":"Chapter V—General and Final Provisions","content":"### Chapter V—General and Final Provisions\n\nArticle 32\n\n  Any clause contained in the contract and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place within one of the jurisdictions referred to in the first paragraph of Article 28.\n\nArticle 33\n\n  Nothing contained in this Convention shall prevent the carrier either from refusing to enter into any contract of carriage, or from making regulations which do not conflict with the provisions of this Convention.\n\nArticle 34\n\n  This Convention does not apply to international carriage by air performed by way of experimental trial by air navigation undertakings with the view to the establishment of a regular line of air navigation, nor does it apply to carriage performed in extraordinary circumstances outside the normal scope of an air carrier’s business.\n\nArticle 35\n\n  The expression “days” when used in this Convention means current days not working days.\n\nArticle 36\n\n  The Convention is drawn up in French in a single copy which shall remain deposited in the archives of the Ministry for Foreign Affairs of Poland and of which one duly certified copy shall be sent by the Polish Government to the Government of each of the High Contracting Parties.\n\nArticle 37\n\n  1. This Convention shall be ratified. The instruments of ratification shall be deposited in the archives of the Ministry for Foreign Affairs of Poland, which will notify the deposit to the Government of each of the High Contracting Parties.\n  2. As soon as this Convention shall have been ratified by five of the High Contracting Parties it shall come into force as between them on the ninetieth day after the deposit of the fifth ratification. Thereafter it shall come into force between the High Contracting Parties who shall have ratified and the High Contracting Party who deposits his instrument of ratification on the ninetieth day after the deposit.\n  3. It shall be the duty of the Government of the Republic of Poland to notify to the Government of each of the High Contracting Parties the date on which this Convention comes into force as well as the date of the deposit of each ratification.\n\nArticle 38\n\n  1. This Convention shall, after it has come into force, remain open for accession by any State.\n  2. The accession shall be effected by a notification addressed to the Government of the Republic of Poland, which will inform the Government of each of the High Contracting Parties thereof.\n  3. The accession shall take effect as from the ninetieth day after the notification made to the Government of the Republic of Poland.\n\nArticle 39\n\n  1. Any one of the High Contracting Parties may denounce this Convention by a notification addressed to the Government of the Republic of Poland, which will at once inform the Government of each of the High Contracting Parties.\n  2. Denunciation shall take effect six months after the notification of denunciation, and shall operate only as regards the Party who shall have proceeded to denunciation.\n\nArticle 40\n\n  1. Any High Contracting Party may, at the time of signature or of deposit of ratification or of accession declare that the acceptance which he gives to this Convention does not apply to all or any of his colonies, protectorates, territories under mandate, or any other territory subject to his sovereignty or his authority, or any territory under his suzerainty.\n  2. Accordingly any High Contracting Party may subsequently accede separately in the name of all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority or any territory under his suzerainty which has been thus excluded by his original declaration.\n  3. Any High Contracting Party may denounce this Convention, in accordance with its provisions, separately or for all or any of his colonies, protectorates, territories under mandate or any other territory subject to his sovereignty or to his authority, or any other territory under his suzerainty.\n\nArticle 41\n\n  Any High Contracting Party shall be entitled not earlier than two years after the coming into force of this Convention to call for the assembling of a new international Conference in order to consider any improvements which may be made in this Convention. To this end he will communicate with the Government of the French Republic which will take the necessary measures to make preparations for such Conference.\n  This Convention done at Warsaw on the 12th October, 1929, shall remain open for signature until the 31st January, 1930.\n  \\[Here follow the signatures of the Plenipotentiaries of the States (including Australia) on behalf of which the Convention was signed.\\]\n\nAdditional Protocol\n\n(with reference to Article 2)\n\n  The High Contracting Parties reserve to themselves the right to declare at the time of ratification or of accession that the first paragraph of Article 2 of this Convention shall not apply to international carriage by air performed directly by the State, its colonies, protectorates or mandated territories or by any other territory under its sovereignty, suzerainty or authority.\n  \\[Here follow the signatures of the Plenipotentiaries of the States (including Australia) on behalf of which the Additional Protocol was signed.\\]\n\nSchedule 2—The Warsaw Convention as amended at the Hague\n\nNote: See section 8.\n\n  Article XIX of the Hague Protocol provides that, as between the parties to the Protocol, the Warsaw Convention and the Protocol are to be read and interpreted together as one single instrument, to be known as the “Warsaw Convention as amended at The Hague, 1955”.\n  The text in this Schedule contains:\n  (a) the operative provisions of the Warsaw Convention as modified by Chapter I of the Hague Protocol; and\n  (b) the remaining provisions of the Protocol.\n\nOPERATIVE PROVISIONS OF THE WARSAW CONVENTION, AS MODIFIED BY THE HAGUE PROTOCOL","sortOrder":95},{"sectionNumber":"Chapter I—Amendments to the Convention","sectionType":"division","heading":"Chapter I—Amendments to the Convention","content":"### Chapter I—Amendments to the Convention\n\n  \\[omitted\\]","sortOrder":101},{"sectionNumber":"Chapter II—Scope of Application of the C","sectionType":"division","heading":"Chapter II—Scope of Application of the Convention as Amended","content":"### Chapter II—Scope of Application of the Convention as Amended\n\nArticle XVIII\n\n  The Convention as amended by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place within the territory of another State.","sortOrder":102},{"sectionNumber":"Chapter III—Final Clauses","sectionType":"division","heading":"Chapter III—Final Clauses","content":"### Chapter III—Final Clauses\n\nArticle XIX\n\n  As between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument and shall be known as the Warsaw Convention as amended at The Hague, 1955.\n\nArticle XX\n\n  Until the date on which this Protocol comes into force in accordance with the provisions of Article XXII, paragraph 1, it shall remain open for signature on behalf of any State which up to that date has ratified or adhered to the Convention or which has participated in the Conference at which this Protocol was adopted.\n\nArticle XXI\n\n  1. This Protocol shall be subject to ratification by the signatory States.\n  2. Ratification of this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.\n  3. The instruments of ratification shall be deposited with the Government of the People’s Republic of Poland.\n\nArticle XXII\n\n  1. As soon as thirty signatory States have deposited their instruments of ratification of this Protocol, it shall come into force between them on the ninetieth day after the deposit of the thirtieth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.\n  2. As soon as this Protocol comes into force it shall be registered with the United Nations by the Government of the People’s Republic of Poland.\n\nArticle XXIII\n\n  1. This Protocol shall, after it has come into force, be open for adherence by any non‑signatory State.\n  2. Adherence to this Protocol by any State which is not a Party to the Convention shall have the effect of adherence to the Convention as amended by this Protocol.\n  3. Adherence shall be effected by the deposit of an instrument of adherence with the Government of the People’s Republic of Poland and shall take effect on the ninetieth day after the deposit.\n\nArticle XXIV\n\n  1. Any Party to this Protocol may denounce the Protocol by notification addressed to the Government of the People’s Republic of Poland.\n  2. Denunciation shall take effect six months after the date of receipt by the Government of the People’s Republic of Poland of the notification of denunciation.\n  3. As between the Parties to this Protocol, denunciation by any of them of the Convention in accordance with Article 39 thereof shall not be construed in any way as a denunciation of the Convention as amended by this Protocol.\n\nArticle XXV\n\n  1. This Protocol shall apply to all territories for the foreign relations of which a State Party to this Protocol is responsible, with the exception of territories in respect of which a declaration has been made in accordance with paragraph 2 of this Article.\n  2. Any State may, at the time of deposit of its instrument of ratification or adherence, declare that its acceptance of this Protocol does not apply to any one or more of the territories for the foreign relations of which such State is responsible.\n  3. Any State may subsequently, by notification to the Government of the People’s Republic of Poland, extend the application of this Protocol to any or all of the territories regarding which it has made a declaration in accordance with paragraph 2 of this Article. The notification shall take effect on the ninetieth day after its receipt by that Government.\n  4. Any State Party to this Protocol may denounce it, in accordance with the provisions of Article XXIV, paragraph 1, separately for any or all of the territories for the foreign relations of which such State is responsible.\n\nArticle XXVI\n\n  No reservation may be made to this Protocol except that a State may at any time declare by a notification addressed to the Government of the People’s Republic of Poland that the Convention as amended by this Protocol shall not apply to the carriage of persons, cargo and baggage for its military authorities on aircraft, registered in that State, the whole capacity of which has been reserved by or on behalf of such authorities.\n\nArticle XXVII\n\n  The Government of the People’s Republic of Poland shall give immediate notice to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations and to the International Civil Aviation Organization:\n  (a) of any signature of this Protocol and the date thereof;\n  (b) of the deposit of any instrument of ratification or adherence in respect of this Protocol and the date thereof;\n  (c) of the date on which this Protocol comes into force in accordance with Article XXII, paragraph 1;\n  (d) of the receipt of any notification of denunciation and the date thereof;\n  (e) of the receipt of any declaration or notification made under Article XXV and the date thereof; and\n  (f) of the receipt of any notification made under Article XXVI and the date thereof.\n  IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Protocol.\n  DONE at The Hague on the twenty‑eighth day of the month of September of the year One Thousand Nine Hundred and Fifty‑five, in three authentic texts in the English, French and Spanish languages. In the case of any inconsistency, the text in the French language, in which language the Convention was drawn up, shall prevail.\n  This Protocol shall be deposited with the Government of the People’s Republic of Poland with which, in accordance with Article XX, it shall remain open for signature, and that Government shall send certified copies thereof to the Governments of all States signatories to the Convention or this Protocol, all States Parties to the Convention or this Protocol, and all States Members of the International Civil Aviation Organization or of the United Nations, and to the International Civil Aviation Organization.\n\nSchedule 3—Convention\n\nNote: See section 8.\n\n  CONVENTION,\n  Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier.\n  THE STATES SIGNATORY TO THE PRESENT CONVENTION\n  NOTING that the Warsaw Convention does not contain particular rules relating to international carriage by air performed by a person who is not a party to the agreement for carriage\n  CONSIDERING that it is therefore desirable to formulate rules to apply in such circumstances\n  HAVE AGREED AS FOLLOWS:\n\nArticle I\n\n  In this Convention:\n  a) “Warsaw Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw on 12 October 1929, or the Warsaw Convention as amended at The Hague, 1955, according to whether the carriage under the agreement referred to in paragraph (b) is governed by the one or by the other;\n  b) “contracting carrier” means a person who as a principal makes an agreement for carriage governed by the Warsaw Convention with a passenger or consignor or with a person acting on behalf of the passenger or consignor;\n  c) “actual carrier” means a person, other than the contracting carrier, who, by virtue of authority from the contracting carrier, performs the whole or part of the carriage contemplated in paragraph (b) but who is not with respect to such part a successive carrier within the meaning of the Warsaw Convention. Such authority is presumed in the absence of proof to the contrary.\n\nArticle II\n\n  If an actual carrier performs the whole or part of carriage which, according to the agreement referred to in Article I, paragraph (b), is governed by the Warsaw Convention, both the contracting carrier and the actual carrier shall, except as otherwise provided in this Convention, be subject to the rules of the Warsaw Convention, the former for the whole of the carriage contemplated in the agreement, the latter solely for the carriage which he performs.\n\nArticle III\n\n  1. The acts and omissions of the actual carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the contracting carrier.\n  2. The acts and omissions of the contracting carrier and of his servants and agents acting within the scope of their employment shall, in relation to the carriage performed by the actual carrier, be deemed to be also those of the actual carrier. Nevertheless, no such act or omission shall subject the actual carrier to liability exceeding the limits specified in Article 22 of the Warsaw Convention. Any special agreement under which the contracting carrier assumes obligations not imposed by the Warsaw Convention or any waiver of rights conferred by that Convention or any special declaration of interest in delivery at destination contemplated in Article 22 of the said Convention, shall not affect the actual carrier unless agreed to by him.\n\nArticle IV\n\n  Any complaint to be made or order to be given under the Warsaw Convention to the carrier shall have the same effect whether addressed to the contracting carrier or to the actual carrier. Nevertheless, orders referred to in Article 12 of the Warsaw Convention shall only be effective if addressed to the contracting carrier.\n\nArticle V\n\n  In relation to the carriage performed by the actual carrier, any servant or agent of that carrier or of the contracting carrier shall, if he proves that he acted within the scope of his employment, be entitled to avail himself of the limits of liability which are applicable under this Convention to the carrier whose servant or agent he is unless it is proved that he acted in a manner which, under the Warsaw Convention, prevents the limits of liability from being invoked.\n\nArticle VI\n\n  In relation to the carriage performed by the actual carrier, the aggregate of the amounts recoverable from that carrier and the contracting carrier, and from their servants and agents acting within the scope of their employment, shall not exceed the highest amount which could be awarded against either the contracting carrier or the actual carrier under this Convention, but none of the persons mentioned shall be liable for a sum in excess of the limit applicable to him.\n\nArticle VII\n\n  In relation to the carriage performed by the actual carrier, an action for damages may be brought, at the option of the plaintiff, against that carrier or the contracting carrier, or against both together or separately. If the action is brought against only one of those carriers, that carrier shall have the right to require the other carrier to be joined in the proceedings, the procedure and effects being governed by the law of the court seised of the case.\n\nArticle VIII\n\n  Any action for damages contemplated in Article VII of this Convention must be brought, at the option of the plaintiff, either before a court in which an action may be brought against the contracting carrier, as provided in Article 28 of the Warsaw Convention, or before the court having jurisdiction at the place where the actual carrier is ordinarily resident or has his principal place of business.\n\nArticle IX\n\n  1. Any contractual provision tending to relieve the contracting carrier or the actual carrier of liability under this Convention or to fix a lower limit than that which is applicable according to this Convention shall be null and void, but the nullity of any such provision does not involve the nullity of the whole agreement, which shall remain subject to the provisions of this Convention.\n  2. In respect of the carriage performed by the actual carrier, the preceding paragraph shall not apply to contractual provisions governing loss or damage resulting from the inherent defect, quality or vice of the cargo carried.\n  3. Any clause contained in an agreement for carriage and all special agreements entered into before the damage occurred by which the parties purport to infringe the rules laid down by this Convention, whether by deciding the law to be applied, or by altering the rules as to jurisdiction, shall be null and void. Nevertheless, for the carriage of cargo arbitration clauses are allowed, subject to this Convention, if the arbitration is to take place in one of the jurisdictions referred to in Article VIII.\n\nArticle X\n\n  Except as provided in Article VII, nothing in this Convention shall affect the rights and obligations of the two carriers between themselves.\n\nArticle XI\n\n  Until the date on which this Convention comes into force in accordance with the provisions of Article XIII, it shall remain open for signature on behalf of any State which at that date is a Member of the United Nations or of any of the Specialized Agencies.\n\nArticle XII\n\n  1. This Convention shall be subject to ratification by the signatory States.\n  2. The instruments of ratification shall be deposited with the Government of the United States of Mexico.\n\nArticle XIII\n\n  1. As soon as five of the signatory States have deposited their instruments of ratification of this Convention, it shall come into force between them on the ninetieth day after the date of the deposit of the fifth instrument of ratification. It shall come into force for each State ratifying thereafter on the ninetieth day after the deposit of its instrument of ratification.\n  2. As soon as this Convention comes into force, it shall be registered with the United Nations and the International Civil Aviation Organization by the Government of the United States of Mexico.\n\nArticle XIV\n\n  1. This Convention shall, after it has come into force, be open for accession by any State Member of the United Nations or of any of the Specialized Agencies.\n  2. The accession of a State shall be effected by the deposit of an instrument of accession with the Government of the United States of Mexico and shall take effect as from the ninetieth day after the date of such deposit.\n\nArticle XV\n\n  1. Any Contracting State may denounce this Convention by notification addressed to the Government of the United States of Mexico.\n  2. Denunciation shall take effect six months after the date of receipt by the Government of the United States of Mexico of the notification of denunciation.\n\nArticle XVI\n\n  1. Any Contracting State may at the time of its ratification of or accession to this Convention or at any time thereafter declare by notification to the Government of the United States of Mexico that the Convention shall extend to any of the territories for whose international relations it is responsible.\n  2. The Convention shall, ninety days after the date of the receipt of such notification by the Government of the United States of Mexico, extend to the territories named therein.\n  3. Any Contracting State may denounce this Convention, in accordance with the provisions of Article XV, separately for any or all of the territories for the international relations of which such State is responsible.\n\nArticle XVII\n\n  No reservation may be made to this Convention.\n\nArticle XVIII\n\n  The Government of the United States of Mexico shall give notice to the International Civil Aviation Organization and to all States Members of the United Nations or of any of the Specialized Agencies:\n  a) of any signature of this Convention and the date thereof;\n  b) of the deposit of any instrument of ratification or accession and the date thereof;\n  c) of the date on which this Convention comes into force in accordance with Article XIII, paragraph 1;\n  d) of the receipt of any notification of denunciation and the date thereof;\n  e) of the receipt of any declaration or notification made under Article XVI and the date thereof.\n  IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorized, have signed this Convention.\n  DONE at Guadalajara on the eighteenth day of September One Thousand Nine Hundred and Sixty‑one in three authentic texts drawn up in the English, French and Spanish languages. In case of any inconsistency, the text in the French language, in which language the Warsaw Convention of 12 October 1929 was drawn up, shall prevail. The Government of the United States of Mexico will establish an official translation of the text of the Convention in the Russian language.\n  This Convention shall be deposited with the Government of the United States of Mexico with which, in accordance with Article XI, it shall remain open for signature, and that Government shall send certified copies thereof to the International Civil Aviation Organization and to all States Members of the United Nations or of any Specialized Agency.\n  \\[Here follow the signatures of the Plenipotentiaries of the States on behalf of which the Convention has been signed.\\]\n\nSchedule 5—The Montreal No. 4 Convention\n\nNote: See section 8.\n\n(“WARSAW CONVENTION AS AMENDED AT THE HAGUE, 1955, AND BY PROTOCOL NO. 4 OF MONTREAL, 1975”)\n\n  Article XV of the Montreal Protocol No. 4 and Article XIX of the Hague Protocol together provide that, as between parties to the Montreal Protocol No. 4, that Protocol, the Hague Protocol and the Warsaw Convention are to be read and interpreted together as one single instrument.\n  The text in this Schedule contains:\n    (a) the operative provisions of the Warsaw Convention as modified by Chapter I of the Hague Protocol and Chapter I of the Montreal Protocol No. 4; and\n    (b) the remaining provisions of the Hague Protocol and the Montreal Protocol No. 4.\n  OPERATIVE PROVISIONS OF THE WARSAW CONVENTION, AS MODIFIED BY THE HAGUE AND MONTREAL NO. 4 PROTOCOLS","sortOrder":103},{"sectionNumber":"Chapter II—Scope of Application of theCo","sectionType":"division","heading":"Chapter II—Scope of Application of theConvention as Amended","content":"### Chapter II—Scope of Application of the  \nConvention as Amended\n\nArticle XIV\n\n  The Warsaw Convention as amended at The Hague in 1955 and by this Protocol shall apply to international carriage as defined in Article 1 of the Convention, provided that the places of departure and destination referred to in that Article are situated either in the territories of two parties to this Protocol or within the territory of a single party to this Protocol with an agreed stopping place in the territory of another State.","sortOrder":110}],"analysis":{"issue_detection":{"absurdities":[{"type":"circular_definition","section":"5(1) - definition of 'Australian person' paragraph (h)(ii)","severity":"high","reasoning":"The cross-references between paragraphs (h) and (i) of the 'Australian person' definition are mutually dependent. A body corporate under (h) can be an Australian person if owned/controlled by a person under (i), but a person under (i) is an Australian person if a fund has 60%+ interests held by persons including those under (h). In edge cases involving fund managers who are bodies corporate, the definition cannot be resolved without assuming the answer.","confidence":0.82,"description":"Circular self-reference in the definition of 'Australian person'. Paragraph (h)(ii) defines a body corporate as an 'Australian person' if it is substantially owned and effectively controlled by persons referred to in paragraphs (a)-(g) or (i). Paragraph (i) in turn defines a person as an 'Australian person' if they manage a fund in which persons from paragraphs (a)-(h) hold 60%+ interests. This creates a circular dependency: (h) depends on (i), and (i) depends on (h), making it impossible to determine in some cases whether a body corporate qualifies without first resolving whether the fund manager qualifies, which itself requires knowing whether the body corporate qualifies."},{"type":"impossible_compliance","section":"Section 2(1) and (2) - Commencement","severity":"medium","reasoning":"The Act's commencement provision references Part V as commencing on Royal Assent, but the Act as presented contains only Parts I, IA, II, III, IIIA, IIIC, IV, and IVA. Part V simply does not exist. This is either a drafting error from an earlier version of the Act or a reference to a repealed Part that was not cleaned up, but either way it creates an absurdity where a statutory commencement provision activates a non-existent Part.","confidence":0.75,"description":"Section 2 declares that Parts I, III and V commence on Royal Assent, and Parts II and IV commence on dates fixed by Proclamation. However, Part V does not appear anywhere in the provided text of the Act. There is no Part V. A non-existent Part is given a commencement date, making compliance with or reliance on Part V's commencement impossible."},{"type":"other","section":"Section 12(1) - Liability in respect of death (Part II)","severity":"medium","reasoning":"The absence of subsection (5) in section 12 (and similarly in section 35) suggests either a deliberate repeal that was not renumbered or a drafting omission. Where the Act uses language like 'subject to the next succeeding subsection' after subsection (4), a reader would expect subsection (5) to exist. Its absence makes the cross-reference potentially misleading.","confidence":0.88,"description":"Subsection numbering skips from subsection (4) directly to subsection (6), with no subsection (5) present. This creates an internal gap in the statutory text. Any cross-reference to subsection (5) of section 12 within the Act or subordinate legislation would be void, and the 'next succeeding subsection' references in subsection (4) become ambiguous."},{"type":"other","section":"Section 35 - Liability in respect of death (Part IV)","severity":"medium","reasoning":"The same structural gap present in section 12 appears in section 35. Since section 24 applies section 12 to Part III by incorporation, the problem propagates. The missing subsection (5) in both sections 12 and 35 suggests a systemic drafting issue.","confidence":0.88,"description":"Identical to the issue in section 12: subsection numbering jumps from (4) to (6) with no subsection (5). The internal reference 'subject to the next succeeding subsection' in subsection (4) would logically refer to a subsection (5) that does not exist."},{"type":"impossible_compliance","section":"Section 29(4) - Liability in respect of baggage (Part IV)","severity":"medium","reasoning":"The deeming provision in s29(4) is logically inverted compared to standard tort law. It deems the carrier to have proved negligence by the passenger, then requires the passenger to disprove it. In cases where the cause of damage to carry-on baggage is genuinely unknown (e.g., overhead locker damage), the passenger faces the impossible task of proving they were not responsible for something with no known cause.","confidence":0.72,"description":"Section 29(4) creates an irrebuttable statutory presumption that the carrier has proved the damage to non-registered baggage was caused by passenger negligence, 'except so far as the passenger proves that he or she was not responsible for the damage.' This effectively reverses the burden of proof onto the passenger for non-registered baggage claims, which is contradictory to ordinary negligence principles and arguably creates an impossible compliance situation for passengers who cannot prove a negative (that they did not cause damage) where the cause is unknown."},{"type":"self_contradicting","section":"Section 41 - Application of Part to cargo","severity":"medium","reasoning":"The 1999 Montreal Convention expressly applies only to international carriage. Section 41 contemplates regulations applying its provisions to domestic cargo carriage. This creates an internal contradiction: the Convention's own scope provision excludes domestic carriage, yet the Act proposes to extend it to exactly that carriage by regulation.","confidence":0.67,"description":"Section 41 (in Part IV, which applies to domestic and certain other carriage not covered by international conventions) allows regulations to apply the 1999 Montreal Convention cargo liability provisions to domestic cargo carriage. However, the 1999 Montreal Convention is an international treaty instrument designed exclusively for international carriage. Applying it via domestic regulation to purely domestic cargo carriage creates a category confusion: domestic carriers would be subject to an international treaty regime that by its own terms (Article 1) only applies to 'international carriage'."},{"type":"other","section":"Section 25 - Duration of Part III","severity":"low","reasoning":"The mechanism in s25 means that upon denunciation, Part III continues in force indefinitely unless the executive acts by Proclamation. Since there is no obligation on the executive to make the Proclamation promptly or at all, Australian law could theoretically continue to give domestic force to a Convention that Australia has internationally renounced, creating a contradiction between international obligations and domestic law.","confidence":0.65,"description":"Section 25 provides that Part III (Warsaw Convention without Hague Protocol) continues in force until a Proclamation date, being no earlier than when Australia's denunciation of the Warsaw Convention takes effect. However, if Australia were to denunciate the Warsaw Convention, Part III would become a legislative zombie: it would remain in force applying a Convention that Australia has formally renounced, until a Proclamation is made. There is no mechanism compelling or timeframing the Proclamation, creating the absurdity of a Part that could apply a Convention Australia no longer recognises."},{"type":"other","section":"Part IVA heading","severity":"high","reasoning":"The text of Part IVA, as provided, consists solely of its heading followed by a verbatim repetition of the entire Act from the preamble onwards. This is not a logical flaw in the legislation itself but a critical structural absurdity in the document as presented. Part IVA, which deals with compulsory insurance (a substantive matter), appears to have no operative content in the extracted text, making compliance with its requirements impossible to assess.","confidence":0.91,"description":"Part IVA appears in the text with only a heading ('Carriers to be insured against liability to passengers for death or personal injury') followed immediately by what appears to be the full text of the Act being repeated from the beginning (starting with 'An Act relating to Carriage by Air', then section 1, section 2, etc.). Part IVA contains no operative provisions of its own but instead reproduces the entire Act, which is a structural absurdity suggesting a serious document compilation or formatting error."},{"type":"other","section":"Section 11A(2) - definition of 'bilateral arrangement'","severity":"low","reasoning":"The coincidence of section numbers (11A in both Acts) is not a legal absurdity per se, but it creates a genuine risk of misreading. A reader seeing 'bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920' within section 11A of this Act could reasonably, if momentarily, think it is a self-referential definition. This is a drafting quality issue.","confidence":0.55,"description":"Section 11A of the Civil Aviation (Carriers' Liability) Act 1959 defines 'bilateral arrangement' by cross-reference to 'section 11A of the Air Navigation Act 1920'. The section being defined (s11A of this Act) uses the same alphanumeric identifier as the cross-referenced provision in the other Act. While not legally circular (they are different Acts), this creates a serious readability and potential confusion risk where a reader could mistake a self-reference for a cross-reference."}],"contradictions":[{"severity":"medium","section_a":"Section 9D(5) - one action in Australia (Part IA)","section_b":"Section 9D(6) - benefit of action for all eligible persons","confidence":0.7,"description":"Section 9D(5) restricts that 'only one action may be brought in Australia in respect of the death of any one passenger.' Section 9D(6) requires that action to be 'for the benefit of all people for whose benefit the liability is enforceable who are resident in Australia or... express the desire to take the benefit.' Read together, these provisions require all Australian-resident beneficiaries to be included in a single action, but there is no mechanism to compel non-plaintiff beneficiaries to participate, nor any provision addressing what happens if a beneficiary is identified after the action is commenced. The mandatory joinder implied by s9D(6) conflicts with the permissive standing in s9D(5)(a) and (b) which allows either the personal representative or any beneficiary to bring the action."},{"severity":"low","section_a":"Section 9(Conversion of SDR) - judgment date exchange rate","section_b":"Section 23 - Conversion of francs (Part III)","confidence":0.68,"description":"Section 9 mandates conversion of SDR amounts at the exchange rate 'as at the day on which the court's judgment is given.' Section 23 (applicable to the unmodified Warsaw Convention under Part III) requires conversion of franc amounts 'at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.' These are potentially different dates (judgment date vs. when damages are ascertained, which could be the verdict date in a jury trial before formal judgment). This inconsistency means the applicable exchange rate date differs depending on which Convention applies, creating different outcomes for similarly situated plaintiffs."},{"severity":"low","section_a":"Section 32(1) - Contracting out prohibited (Part IV)","section_b":"Section 31(1)(c) and (d) - Contract of carriage can specify higher limits","confidence":0.52,"description":"Section 32(1) voids any provision 'tending to relieve the carrier of liability in accordance with this Part or to fix a lower limit than the appropriate limit of liability.' However, sections 31(1)(c) and (d) expressly contemplate and give legal effect to contractual terms specifying higher liability limits than the statutory default. While these provisions are not directly contradictory (one deals with lower limits, the other with higher), section 32(1)'s language 'any provision of an agreement tending to relieve the carrier of liability' could be read broadly enough to catch contractual limitation clauses generally, creating ambiguity about whether contracts setting limits (even higher ones) are permitted or void."},{"severity":"medium","section_a":"Section 9F - Certain liabilities not excluded (Part IA)","section_b":"Section 9E - Liability in respect of injury substituted (Part IA)","confidence":0.63,"description":"Section 9E makes the Convention liability 'in substitution for any civil liability of the carrier under any other law in respect of the injury.' Section 9F then preserves liability to indemnify employers for workers' compensation payments. The proviso in 9F states this 'does not increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by... the Convention.' This creates a contradiction: the carrier's liability is substituted by (and capped at) the Convention limit under 9E, yet 9F purports to preserve additional indemnification liability (to employers, not passengers) while simultaneously saying the cap is not increased. If the workers' compensation indemnification exceeds the Convention cap, the section simultaneously preserves and caps that liability."},{"severity":"medium","section_a":"Section 27(1) - Application of Part IV (excludes Convention carriage)","section_b":"Section 41 - Application of Part to cargo (applies Montreal Convention provisions)","confidence":0.75,"description":"Section 27(1) expressly limits Part IV to carriage 'not being carriage to which the 1999 Montreal Convention... applies.' Section 41 then authorises regulations applying provisions of the 1999 Montreal Convention to cargo carriage under Part IV. This creates an internal contradiction: Part IV excludes Montreal Convention carriage by definition, yet Part IV itself contains a provision for applying Montreal Convention rules to cargo within Part IV's scope."},{"severity":"medium","section_a":"Section 12(6) - one action in Australia (Part II)","section_b":"Section 35(6) - one action 'in respect of the death' (Part IV)","confidence":0.72,"description":"Section 12(6) (Part II) restricts that only one action 'shall be brought in Australia' in respect of the death of any one passenger. Section 35(6) (Part IV) restricts only one action 'shall be brought' without the geographic qualifier 'in Australia.' This inconsistency means that under Part IV, a foreign action may not preclude a domestic action (since the restriction is not limited to Australia), while under Part II it expressly is. By contrast, under Part IV the restriction appears to be worldwide, which could bar an Australian action where a foreign action has been brought, even if Australian family members have not been included as beneficiaries."},{"severity":"low","section_a":"Section 8(2) - French text prevails for non-Montreal Conventions","section_b":"Section 8(3) - Secretary's certificate as prima facie evidence of French text","confidence":0.6,"description":"Section 8(2) provides that the authentic French text prevails over the scheduled English text for all Conventions except the 1999 Montreal Convention. Section 8(3) provides only prima facie evidence of the French text via a Secretary's certificate. This means the legally prevailing text (French) is only evidenced on a prima facie basis, meaning it can be rebutted. A court could theoretically reject the Secretary's certificate and be left with no authenticated version of the prevailing French text, while still being obligated to apply it over the English schedule."}]},"kimi_summary":{"_metrics":{"completionTokens":717},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has grown significantly from its original 1959 purpose of implementing the Warsaw Convention. It now incorporates the 1999 Montreal Convention (Part IA), the Guadalajara Convention (Part IIIA), Montreal Protocol No. 4 (Part IIIC), and a comprehensive domestic insurance scheme (Part IVA added later). The original scope was limited international carriage; it now covers domestic carriage, cargo, and imposes criminal penalties for insurance non-compliance."},"complexity_factors":["Multiple overlapping international conventions (1999 Montreal, Warsaw, Hague, Guadalajara, Montreal No. 4) each with different Parts of the Act","Extensive cross-referencing between Parts and adoption of provisions from one Part to another (e.g., sections 12-17 applied in Parts III and IIIC)","Nested conditional logic for liability limits with multiple tiers: default amounts, regulation-prescribed amounts, and contract-specified amounts","Currency conversion requirements (SDRs to AUD, francs to AUD) with specific timing rules","Complex definition of 'Australian person' with 9 sub-paragraphs including recursive references","Family member definition with 6 categories plus expansion rules for ex-nuptial, adoption, and traced relationships","Contributory negligence provisions requiring multi-step damage calculations","Insurance requirements with separate rules for Crown entities vs other carriers","Jurisdictional provisions preserving State court access while dealing with international treaty actions","Multiple limitation periods and complaint deadlines for baggage claims"],"plain_english_summary":"This Act sets out the rules for when airlines must pay compensation to passengers who are injured or killed during air travel, and how much they must pay.\n\n**Who it affects:**\n- **Airlines and carriers** operating flights to, from, or within Australia\n- **Passengers** on those flights\n- **Family members** of passengers who die in air accidents\n\n**What it does:**\n\nThe Act applies different rules depending on what kind of flight you're on:\n\n- **International flights** — governed by international treaties (the 1999 Montreal Convention, Warsaw Convention, Hague Protocol, and others). These set maximum amounts airlines must pay for death or injury, measured in \"SDRs\" (Special Drawing Rights — an international currency unit).\n\n- **Domestic flights** — covered by Part IV of the Act, with liability limits in Australian dollars (currently $925,000 for death/injury per passenger, and $3,000 for checked baggage).\n\n**Key protections for passengers:**\n- Airlines cannot contract out of these liability limits — any clause trying to reduce liability is void.\n- Insurance payouts, superannuation, or other benefits you receive do **not** reduce what the airline must pay.\n- Family members can claim for funeral expenses, lost earnings, and other damages.\n- You have **2 years** to bring a claim.\n\n**Insurance requirements (Part IVA):**\nAirlines must hold insurance covering passenger death and injury. CASA (the Civil Aviation Safety Authority) can audit compliance and seek court injunctions to stop uninsured operations. Operating without insurance is a criminal offence (up to 2 years imprisonment).\n\n**Why it matters:**\nThis ensures passengers and their families can get compensation after air accidents, while giving airlines predictable liability limits so they can obtain insurance. It brings Australia's domestic law into line with international aviation treaties."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act was originally based on the Warsaw Convention (1929) but has been significantly expanded through amendments to incorporate the Hague Protocol (1955), Montreal Protocol No. 4 (1975), the 1999 Montreal Convention, and the Guadalajara Convention. It now covers a broader range of international carriage and includes mandatory insurance requirements (Part IVA) not in the original legislation."},"complexity_factors":["Incorporates multiple international conventions (Warsaw, Hague, Montreal, Guadalajara) each with different liability limits and conditions","Extensive definitions section with 20+ defined terms, including complex concepts like 'Australian person' and 'family member'","Cross-referencing between parts and conventions, requiring readers to navigate multiple layers of text","Conditional liability limits that depend on regulations, contracts, and indexation provisions","Nested exceptions, such as workers' compensation not excluded, and special rules for stowaways","Lengthy text with over 40 sections and several schedules containing full convention texts"],"plain_english_summary":"The Civil Aviation (Carriers' Liability) Act 1959 sets out the rules for when airlines are legally responsible for death, injury, or loss of baggage during air travel. It applies to both domestic and international flights, incorporating several international treaties (such as the Warsaw Convention and the Montreal Convention) into Australian law. The Act replaces common law rights with a uniform system of liability, meaning passengers and their families can claim compensation up to set monetary limits, which are often expressed in Special Drawing Rights (SDRs) or Australian dollars. Airlines must carry insurance to cover these liabilities. The Act also specifies who can make a claim (e.g., family members, personal representatives), the time limits for claims (usually two years), and how damages are calculated, including rules on contributory negligence and the exclusion of certain benefits (like insurance payouts) from being deducted. It affects anyone who flies on a licensed airline within Australia or on flights to/from Australia covered by the treaties, as well as the airlines themselves and their insurers."},"summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1959 Act was primarily designed to implement the Warsaw Convention (1929) for international air carriage. Over time, its scope expanded significantly to incorporate successive international protocols (Hague 1955, Guadalajara 1961, Montreal No.4 1975, and the 1999 Montreal Convention), to cover domestic Australian flights (Part IV) which were not part of the original international framework, to require carriers to hold insurance (Part IVA), and to modernise family member definitions to include de facto and non-traditional relationships. The Act now operates as a comprehensive domestic and international aviation liability code far broader than its original treaty-implementation purpose."},"complexity_factors":["Multiple parallel legal regimes apply simultaneously depending on flight type — the Act has at least five distinct Parts each implementing different international conventions (1999 Montreal, Warsaw, Warsaw/Hague, Guadalajara, Montreal No.4), requiring careful identification of which applies to any given situation","Heavy reliance on incorporated international treaty texts (conventions) not fully reproduced in the Act itself, requiring cross-reference to multiple schedules and external instruments","Liability caps expressed in SDRs (an international currency unit), which fluctuate and must be converted to AUD at judgment date, adding financial complexity","Tiered, cascading liability cap structure — multiple paragraphs within each section specifying different caps depending on whether regulations are in force, whether the contract specifies a higher amount, and whether the passenger is on a domestic or international carrier","The 'family member' definition is highly detailed and includes non-traditional family structures (de facto, foster, step-relationships), traced through multiple relationship chains","Interaction between the Act and multiple other Commonwealth laws (Air Navigation Act, Civil Aviation Act, Family Law Act, Acts Interpretation Act, Judiciary Act, International Monetary Agreements Act)","Partial duplication of text in the document (the Act appears to be reproduced twice), creating confusion about which version governs","Contributory negligence assessment requires a multi-step judicial calculation (first assess full damages, then reduce for fault, then cap at convention maximum)","Sovereign immunity issues — specific provisions deal with suing foreign governments that operate airlines, with limits on enforcing judgments","The Act is over 60 years old with multiple layered amendments, creating archaic drafting styles (e.g. 'next succeeding subsection') sitting alongside modern provisions"],"plain_english_summary":"## What This Law Does\n\nThis Act sets the rules for what happens when something goes wrong on a flight — whether you're injured, killed, or your luggage is lost or damaged. It tells you:\n- **How much compensation** an airline must pay you (or your family)\n- **Who can sue** the airline and how\n- **Which international rules apply** depending on where your flight goes\n\n## Who It Affects\n\nAnyone who flies — whether on a domestic Australian flight (e.g. Sydney to Melbourne) or an international flight. It also affects airlines and their insurers.\n\n## The Core Problem It Solves\n\nWithout this law, if you were hurt on a flight, you'd have to navigate a patchwork of state laws, international treaties, and common law rules. This Act pulls everything into one framework.\n\n## The Different Sets of Rules\n\nHere's the tricky part: the Act applies **different rules depending on your flight type**, because Australia is bound by different international agreements (called 'conventions' — think of them as multilateral contracts between countries):\n\n- **International flights (most common today):** The **1999 Montreal Convention** applies. This is the modern standard. Airlines face uncapped liability for death or serious injury up to a threshold (around 128,821 SDRs — a type of international currency unit), and then must prove they weren't negligent above that.\n- **Some older international flights:** The **Warsaw Convention** (1929) or its updated version (the **Hague Protocol**, 1955) may apply — these have lower, older liability caps.\n- **Domestic flights** (within Australia): A separate Part of the Act applies, with liability capped at **$925,000 per passenger** for death or injury, and **$3,000 for checked luggage** and **$300 for carry-on**.\n\n## Key Rights You Have\n\n- **If you're killed or seriously injured:** Your family members (spouse, parents, children, siblings, de facto partner, and some dependants) can sue the airline for compensation — not just for financial loss, but also non-financial loss (like grief).\n- **Only one lawsuit per deceased passenger** is allowed in Australia, but it covers all eligible family members.\n- **Your insurance payouts, super, pensions, or government benefits cannot be used to reduce what the airline owes you** — you keep both.\n- **If you were partly at fault** (e.g. ignored safety instructions), your compensation may be reduced proportionally.\n- **Luggage claims:** You must complain in writing quickly — within 3 days for damaged bags, or 21 days for lost checked bags — or you may lose your right to claim.\n- **Time limit:** You generally have **2 years** from when you arrived (or should have arrived) to take legal action.\n\n## What Airlines Cannot Do\n\nAirlines **cannot contract out of** (i.e. use fine print to avoid) their liability under this Act. Any clause in your ticket trying to do this is void (has no legal effect).\n\n## Insurance Requirement\n\nThe Act also requires carriers to hold insurance against passenger death and injury liability.\n\n## Currency Note\n\nSome compensation limits are expressed in **SDRs (Special Drawing Rights)** — an international monetary unit set by the International Monetary Fund. Courts convert these to Australian dollars at the exchange rate on the day judgment is given."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-carriers-liability-act-1959","history":"/api/acts/civil-aviation-carriers-liability-act-1959/history","analysis":"/api/acts/civil-aviation-carriers-liability-act-1959/analysis","conflicts":"/api/acts/civil-aviation-carriers-liability-act-1959/conflicts","importantCases":"/api/acts/civil-aviation-carriers-liability-act-1959/important-cases","documents":"/api/acts/civil-aviation-carriers-liability-act-1959/documents"}}