{"id":"civil-aviation-carriers-liability-act-1962","name":"Civil Aviation (Carriers' Liability) Act 1962","slug":"civil-aviation-carriers-liability-act-1962","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31768,"registerId":"sa-civil-aviation-carriers-liability-act-1962-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation (Carriers' Liability) Act 1962","content":"South Australia\nCivil Aviation (Carriers' Liability) Act 1962\nAn Act relating to the carriage of passengers by air.\n\nContents\n1\tShort title\n3\tInterpretation\n4\tAct to bind Crown\n5\tCarriage to which Act applies\n6\tApplication of Parts 4 and 4A of the Commonwealth Act\n7\tStowaways\n7A\tAdministration of Commonwealth/State scheme as Commonwealth Act\n8\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\n1—Short title\nThis Act may be cited as the Civil Aviation (Carriers' Liability) Act 1962.\n3—Interpretation\n\t(1)\tIn this Act—\napplied provisions means the provisions of the Commonwealth Act as they apply under this Act as a law of the State;\nthe Commonwealth Act means the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth of Australia and, if that Act is amended, includes that Act as amended from time to time;\nCommonwealth authority means an authority or officer of the Commonwealth;\nthe Commonwealth Regulations means the regulations from time to time in force under the Commonwealth Act for the purposes of Part 4 or 4A of the Commonwealth Act, other than regulations made for the purposes of section 41 of the Commonwealth Act;\nCommonwealth/State scheme means—\n\t(a)\tthe Commonwealth Act; and\n\t(b)\tthe provisions of the Commonwealth Act as applied by this Act and the corresponding legislation of other States;\nState includes a Territory;\nState authority means an authority or officer of this State.\n\t(2)\tThe provisions of sections 5, 26 and 41B of the Commonwealth Act shall apply by virtue of this Act, to the interpretation of this Act.\n4—Act to bind Crown\nThis Act shall bind the Crown.\n5—Carriage to which Act applies\n\t(1)\tThis Act applies to the carriage of a passenger, under a contract for the carriage of the passenger, to or from a place in South Australia in an aircraft operated by the holder of an airline licence or a charter licence in the course of commercial transport operations.\n\t(2)\tHowever, this Act does not apply to the carriage of a passenger to or from a place in South Australia if—\n\t(a)\tPart 4 of the Commonwealth Act applies, of its own force, to the carriage of the passenger; or\n\t(b)\tprovisions of a treaty, convention or protocol that have the force of law under the Commonwealth Act apply to the carriage of the passenger.\n6—Application of Parts 4 and 4A of the Commonwealth Act\nThe provisions of Parts 4 and 4A of the Commonwealth Act (other than sections 27, 40, 41 and 41J(8)) and subject to any regulations made by the Governor pursuant to section 8 of this Act the provisions of the Commonwealth Regulations shall apply to and in relation to carriage to which this Act applies, and matters connected with such carriage, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated—\n\t(a)\tgeneral references to Parts 4 and 4A of the Commonwealth Act were references to this Act;\n\t(b)\ta reference in one of those provisions to another of those provisions were a reference to that other provision as applying by virtue of this Act;\n\t(c)\tthe reference in subsection (5) of section 29 of the Commonwealth Act to carriage referred to in subsection (4) of section 27 of the Commonwealth Act were a reference to the carriage of a passenger where—\n\t(i)\tthe carriage of the passenger between two places was to be performed by two or more carriers in successive stages;\n\t(ii)\tthe 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\t(iii)\tthis Act would have applied to that carriage if it had been performed by a single carrier under a single contract; and\n\t(d)\tthe references in the Commonwealth Act to the regulations relating to certain matters were references to the provisions of the Commonwealth Regulations relating to those matters as applying by virtue of this Act.\n7—Stowaways\nThe provisions of section 42 of the Commonwealth Act shall apply in relation to a person who, within South Australia, travels in an aircraft without the consent of the carrier as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated, a reference to a Part or Parts of the Commonwealth Act were a reference to this Act.\n7A—Administration of Commonwealth/State scheme as Commonwealth Act\n\t(1)\tIt is the intention of the Parliament that the Commonwealth/State scheme, to the extent it operates by force of this Act, should be administered and enforced in the same way as the Commonwealth Act and the Commonwealth Regulations.\n\t(2)\tTo that end—\n\t(a)\tCommonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations; and\n\t(b)\tthe laws of the Commonwealth apply as laws of South Australia to offences against the applied provisions as if they were offences against the Commonwealth Act or the Commonwealth Regulations and not offences against the laws of South Australia.\n\t(3)\tFor the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law will be taken to be a reference to that provision as applying by virtue of this section.\n\t(4)\tWithout limiting subsection (2)(b), the laws of the Commonwealth that apply to offences against the applied provisions under that subsection will be taken to include the following Acts (including an Act enacted in substitution for one of the following Acts), as amended from time to time:\n\t(a)\tActs Interpretation Act 1901;\n\t(b)\tCrimes Act 1914;\n\t(c)\tDirector of Public Prosecutions Act 1983;\n\t(d)\tEvidence Act 1995.\n\t(5)\tNothing in this Act derogates from the powers of State authorities to enforce the applied provisions.\n\t(6)\tWithout limiting the generality of subsection (5)—\n\t(a)\tthe Minister may apply to a court of competent jurisdiction for an injunction restraining a carrier from engaging in prohibited carriage; and\n\t(b)\tfor that purpose, a reference in section 41J of the Commonwealth Act, as applied and incorporated in this Act, to a Commonwealth authority will be taken to include a reference to the Minister.\n8—Regulations\n\t(1)\tThe Minister shall cause to be laid before both Houses of Parliament a copy of any Commonwealth Regulations made under the Commonwealth Act within fourteen days after the making thereof if Parliament is in Session and if not then within fourteen days after the commencement of the next Session of Parliament.\n\t(2)\tIf either House of Parliament passes a resolution disapproving of all or any such Commonwealth Regulations of which resolution notice has been given at any time within fourteen sitting days of such House after such copy has been laid before it the Regulations so disapproved shall cease to have any effect to and in relation to carriage to which this Act applies but without affecting the validity, or curing the invalidity of anything done, or in the omission of anything in the meantime.\nThis subsection shall apply notwithstanding that the said fourteen sitting days, or some of them, do not occur in the same Session of Parliament as that in which the regulation is laid before such House.\n\t(3)\tWhen a resolution has been passed as mentioned in subsection (2) hereof, notice of such resolution shall forthwith be published in the Gazette.\n\t(4)\tThe Governor may in relation to carriage to which this Act applies make regulations prescribing all matters which by the Commonwealth Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Commonwealth Act, and the Commonwealth Regulations shall in so far as they are inconsistent with any regulations made by the Governor cease to apply to or in relation to carriage to which this Act applies and to matters connected with such carriage.\n\t(5)\tWhere regulations are made by the Governor pursuant to subsection (4) of this section then any reference in the Commonwealth Act to regulations made thereunder shall, in respect of the application of the Commonwealth Act by virtue of this Act, be construed as including a reference to regulations made by the Governor and as excluding a reference to any Commonwealth Regulations inconsistent therewith.\n\t(6)\tThe Governor may make regulations for the purposes of this Act.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1962\n11\nCivil Aviation (Carriers' Liability) Act 1962\n25.10.1962\n7.11.1963 (Gazette 7.11.1963 p1426)\n1971\n4\nCivil Aviation (Carriers' Liability) Act Amendment Act 1971\n25.3.1971\n25.3.1971\n1996\n24\nCivil Aviation (Carriers' Liability) (Mandatory Insurance and Administration) Amendment Act 1996\n2.5.1996\n1.12.1996 (Gazette 28.11.1996 p1744)\n2002\n37\nStatutes Amendment (Transport Portfolio) Act 2002\n28.11.2002\nPt 3 (ss 4 & 5)—3.7.2003 (Gazette 3.7.2003 p2877)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 2 of The Public General Acts of South Australia 1837-1975 at page 175.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\ns 2\nomitted under Legislation Revision and Publication Act 2002\n3.7.2003\ns 3\n\n\ns 3(1)\n\n\napplied provisions\ninserted by 24/1996 s 3(a)\n1.12.1996\nCommonwealth authority\ninserted by 24/1996 s 3(b)\n1.12.1996\nthe Commonwealth Regulations\namended by 24/1996 s 3(c)\n1.12.1996\nCommonwealth/ State scheme\ninserted by 24/1996 s 3(d)\n1.12.1996\nState\ninserted by 24/1996 s 3(d)\n1.12.1996\nState authority\ninserted by 37/2002 s 4\n3.7.2003\ns 3(2)\namended by 24/1996 s 3(e), (f)\n1.12.1996\ns 5\nsubstituted by 24/1996 s 4\n1.12.1996\ns 6\namended by 24/1996 s 5\n1.12.1996\ns 7A\ninserted by 24/1996 s 6\n1.12.1996\ns 7A(2)\namended by 37/2002 s 5(a), (b)\n3.7.2003\ns 7A(3)—(6)\ninserted by 37/2002 s 5(c)\n3.7.2003\ns 8\n\n\ns 8(6)\ninserted by 24/1996 s 7\n1.12.1996\nHistorical versions\nReprint No 1—1.12.1996\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted in 1962 as a straightforward adoption of Commonwealth liability rules for intrastate carriage, the Act has expanded significantly beyond this core purpose. The 1996 amendments introduced a complex 'Commonwealth/State scheme' administration framework (section 7A), mandatory insurance requirements, and dual enforcement mechanisms treating State offences as Commonwealth offences. The 2002 amendments further expanded administrative powers. The original intent was simply to ensure passengers could sue carriers for injuries; the current Act is a sophisticated administrative mechanism for harmonising enforcement across jurisdictions with detailed provisions about regulatory disallowance, injunctions, and the application of Commonwealth criminal procedure laws."},"complexity_factors":["Extensive cross-referencing to external Commonwealth legislation (the 1959 Commonwealth Act and its regulations) which are not reproduced in the text","Complex application mechanism in section 6 that incorporates Commonwealth provisions 'as if' they were part of the Act, with four specific deeming provisions (a)-(d) that rewrite references","Nested conditional logic in section 5(2) creating exceptions to the Act's application when Commonwealth law already applies","Dual enforcement regime in section 7A treating offences as both Commonwealth and State offences with specific lists of applicable Commonwealth Acts","Regulatory interplay allowing both Commonwealth and State regulations, with complex rules about inconsistency and disallowance (section 8)","8 defined terms in section 3, but several refer to complex external concepts (e.g., 'applied provisions', 'Commonwealth/State scheme')","Legislative history showing significant amendments in 1996 and 2002 that added administrative complexity (section 7A) and changed enforcement mechanisms"],"plain_english_summary":"**What this law does:**\n\nThis is a South Australian law that makes airlines financially responsible if passengers are injured or killed during domestic flights within the state. It essentially adopts (or \"mirrors\") the Commonwealth's airline liability rules so they apply to flights that fall outside federal jurisdiction.\n\n**Who it affects:**\n\n- **Passengers** on commercial flights to or from South Australian airports\n- **Airlines** (carriers) holding airline or charter licences operating commercial flights\n- **Stowaways** found on aircraft within South Australia\n\n**How it works:**\n\nRather than writing its own detailed liability rules from scratch, South Australia \"borrows\" Parts 4 and 4A of the Commonwealth *Civil Aviation (Carriers' Liability) Act 1959*. These borrowed rules are treated as if they're part of South Australian law, but with some technical adjustments so references make sense.\n\n**Key features:**\n\n- **No double-dipping:** The law doesn't apply if the Commonwealth rules already cover the flight (for example, interstate or international flights)\n- **Mandatory insurance:** Airlines must have insurance to cover potential claims\n- **Enforcement:** Both Commonwealth and State authorities can enforce these rules\n- **Parliamentary oversight:** Commonwealth regulations affecting SA flights must be tabled in State Parliament and can be disallowed\n- **State can override:** The Governor can make SA-specific regulations that override inconsistent Commonwealth regulations for local flights\n\n**Why it matters:**\n\nBefore this law, passengers on purely intrastate flights (say, Adelaide to Coober Pedy) might have had no clear compensation rights if injured. This ensures consistent protection whether you're flying Sydney-Melbourne (federal) or Port Lincoln-Kingscote (state)."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded beyond a simple local carriers' liability recognition instrument. Amendments (notably in 1996 and 2002) added a formal Commonwealth/State administrative scheme: defined \"applied provisions\" and \"Commonwealth/State scheme\" (s 3), incorporated Parts 4 and 4A of the Commonwealth Act into State law with specific exclusions (s 6), applied the Commonwealth stowaway provision (s 7), and introduced administrative and enforcement arrangements to allow Commonwealth authorities and Commonwealth criminal/procedural laws to operate in respect of the applied provisions (s 7A). The Governor's power to make replacement State regulations and the parliamentary disallowance procedure for Commonwealth Regulations (s 8) further changed the balance of regulatory control. Collectively these changes broadened the Act from a narrow carriage-coverage statute into a hybrid enforcement and regulatory vehicle integrating Commonwealth and State regulatory and prosecutorial machinery."},"complexity_factors":["Incorporation by reference of external legislation (Parts 4 and 4A of the Commonwealth Act) rather than reproducing text (s 6)","Seven defined terms introduced in the interpretation section that alter how references operate (s 3(1): applied provisions; Commonwealth Act; Commonwealth authority; Commonwealth Regulations; Commonwealth/State scheme; State; State authority)","Selective exclusions from incorporation (s 6 excludes ss 27, 40, 41 and 41J(8) of the Commonwealth Act)","Cross-references back to multiple provisions of the Commonwealth Act for interpretation (s 3(2) applies ss 5, 26 and 41B of the Commonwealth Act)","Dual regulatory pathways and inconsistency resolution: Commonwealth Regulations can apply but Governor may make State regulations that displace inconsistent Commonwealth Regulations (s 6, s 8(4)–(5))","Parliamentary disallowance mechanism for Commonwealth Regulations applied in State law (s 8(1)–(3)), including timing/sessional conditions","Complex enforcement architecture: Commonwealth authorities have enforcement powers to enforce applied provisions; Commonwealth criminal/procedural law is made applicable to offences (s 7A(2)–(4)); State enforcement powers are expressly preserved (s 7A(5))","Historical amendments (1996, 2002) that expanded definitions and administrative arrangements, increasing interpretive complexity (legislative history)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Incorporates key parts of the Commonwealth Civil Aviation (Carriers' Liability) Act 1959 into South Australian law so those Commonwealth provisions operate in relation to passenger carriage to or from places in South Australia (see s 6).  In short, Parts 4 and 4A of the Commonwealth Act (with narrow exclusions) apply as if they were part of this State Act.\n\n- Applies to commercial passenger carriage by aircraft operated under an airline or charter licence when the carriage starts or ends in South Australia (s 5).  It does not apply if the Commonwealth Act or an international treaty already applies directly to that carriage (s 5(2)).\n\n- Extends certain Commonwealth criminal and administrative machinery to offences against the incorporated (\"applied\") Commonwealth provisions, and gives Commonwealth enforcement bodies the same powers to enforce those applied provisions as they have under Commonwealth law (s 7A).\n\n- Allows the Governor of South Australia to make regulations for matters the Commonwealth Act permits or requires, and provides a mechanism for the State Parliament to disallow Commonwealth regulations that would otherwise apply here (s 8).\n\n- Makes the Act bind the Crown (s 4) and treats travel as a stowaway offence under the relevant Commonwealth provision when someone travels in an aircraft without the carrier's consent within South Australia (s 7).\n\n**Who this affects\n\n- Airline and charter operators who carry passengers to or from places in South Australia under commercial operations (s 5).\n- Passengers (rights and carrier liability rules flow from the applied Commonwealth provisions).\n- Commonwealth enforcement agencies and State authorities (both have enforcement roles; the Act specifically preserves State powers and gives the Minister power to seek injunctions against carriers — s 7A(5)–(6)).\n- Regulators and parliaments: the Governor can make State regulations; State Parliament can disallow Commonwealth regulations that are laid before it (s 8).\n\n**Why it matters (practical effect)\n\n- It aligns State-level liability and administrative rules for passenger air carriage with the Commonwealth scheme, so a common set of liability rules operates for flights to and from South Australia unless the Commonwealth Act applies directly or an international treaty governs the trip (s 5, s 6).\n- It lets Commonwealth enforcement tools (criminal law, prosecutorial procedures, evidence rules) be used for breaches of the applied provisions in South Australia (s 7A(2)–(4)).\n- It creates a dual regulatory route: Commonwealth Regulations can apply here by incorporation, but the Governor may replace inconsistent Commonwealth Regulations with State regulations (s 6, s 8(4)–(5)).\n\n**Official purpose-claims and a practical test against costs and incentives\n\n- The Act is presented as a means to extend a uniform Commonwealth carriers' liability regime into the State where the Commonwealth Act does not already apply directly (see s 6 and the definition of \"Commonwealth/State scheme\" in s 3).  That produces uniform substantive liability rules for carriers across jurisdictions while leaving some regulatory choices to the State.\n\n- Costs and incentives: carriers who operate to or from South Australia are subject to the Commonwealth liability rules and any applicable Commonwealth or State regulations. That imposes compliance costs (insurance, documentation, procedural rules) tied to the applied provisions (s 6). The Act also centralises enforcement possibilities by allowing Commonwealth authorities to act (s 7A(2)(a)), which can increase enforcement reach but may reduce State control over prosecutions unless the State actively uses its preserved powers (s 7A(5)).\n\n- Trade-offs and opportunity costs: the State cedes substantive rule-making in many areas to the Commonwealth Act by incorporating its Parts, but retains a regulatory backstop (Governor's regulations and parliamentary disallowance of Commonwealth Regulations — s 8). This structure can reduce duplication and increase predictability for interstate/international carriers, while requiring the State to monitor Commonwealth regulatory changes and to decide whether to exercise its power to make replacement regulations.\n\n- Implementation risk and administrative burden: effective operation depends on coordination between Commonwealth authorities and State officers, and on timely laying and review of Commonwealth Regulations before State Parliament (s 8(1)–(3)). Carriers face the burden of complying with a hybrid regime (applied Commonwealth provisions plus any State regulations made under s 8).\n\n**Who pays, who decides, and what behaviour changes\n\n- Who pays: carriers (airlines/charter operators) bear compliance costs and liability exposure under the applied Commonwealth provisions; passengers remain the beneficiaries of liability rules but could face indirect costs if compliance increases prices.\n- Who decides: substantive liability rules come from the Commonwealth Act as incorporated (s 6); enforcement can be exercised by Commonwealth authorities (s 7A) and State authorities (s 7A(5)); the Governor decides on State regulations (s 8(4)). State Parliament can disallow Commonwealth Regulations that have been laid (s 8(2)).\n- Behaviour changes: carriers operating into/out of South Australia must follow the applied Commonwealth liability regime, adjust insurance and operational practices to meet those rules, and respond to enforcement by either Commonwealth or State bodies.\n\n**Key provisions to read alongside this Act**\n- Parts 4 and 4A of the Commonwealth Civil Aviation (Carriers' Liability) Act 1959 (as incorporated by s 6).\n- Section 42 of the Commonwealth Act (stowaways) — applied by s 7.\n- Sections cited in s 3(2) (Commonwealth Act ss 5, 26 and 41B) for interpretive guidance.\n\n(References in parentheses are to sections of this Act.)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Unable to assess scope change from original intent — no legislative text was provided. The URL supplied returned a Page Not Found error from the South Australian legislation website, meaning no content could be retrieved or analysed."},"complexity_factors":["No legislative text was retrievable — the source page returned a 404 error","Cannot assess actual provisions, definitions, schedules, or amendments","Complexity score reflects the inability to analyse the document, not the Act's inherent complexity","The Act itself, based on historical knowledge, involves cross-references to federal aviation law and international conventions (Warsaw/Montreal), which would typically rate a 6-7 in complexity"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content you attempted to retrieve — the **Civil Aviation (Carriers' Liability) Act 1962** (South Australia) — could not be analysed because the source URL returned a **\"Page Not Found\"** error from the South Australian legislation website.\n\n### What we do know about this Act generally:\nThis is a South Australian law that mirrors federal and state-level frameworks governing **what compensation airline passengers (or their families) can claim** when they are injured, killed, or have their luggage lost or damaged during air travel. It sets **liability limits** (caps on how much an airline must pay) for carriers operating domestic flights.\n\n### Who it affects:\n- **Passengers** travelling on domestic flights in or through South Australia\n- **Airlines and air carriers** operating in South Australia\n- **Families of deceased passengers** seeking compensation\n\n### Why it matters:\nWithout this kind of law, passengers would need to sue airlines under general negligence law, which is costly and uncertain. This Act provides a clearer, if sometimes limited, pathway to compensation.\n\n> **Note:** The actual text of the Act was not retrievable. This summary is based on general knowledge of the Act's historical purpose and equivalent legislation. For accurate legal advice, consult the [SA Office of Parliamentary Counsel](mailto:OPCWeb@sa.gov.au) or a qualified lawyer."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-carriers-liability-act-1962","history":"/api/acts/civil-aviation-carriers-liability-act-1962/history","analysis":"/api/acts/civil-aviation-carriers-liability-act-1962/analysis","conflicts":"/api/acts/civil-aviation-carriers-liability-act-1962/conflicts","importantCases":"/api/acts/civil-aviation-carriers-liability-act-1962/important-cases","documents":"/api/acts/civil-aviation-carriers-liability-act-1962/documents"}}