{"id":"tas:act-1963-006","name":"Civil Aviation (Carriers' Liability) Act 1963","slug":"civil-aviation-carriers-liability-act-1963","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"6 of 1963","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110394,"registerId":"tas-act-1963-006-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"### 1 Short title and commencement\n\n> > (1)  This Act may be cited as the [Civil Aviation (Carriers' Liability) Act 1963](/view/html/inforce/2026-04-12/act-1963-006) .\n> \n> > (2)  This Act shall commence on a date to be fixed by proclamation.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> > (1)  *\\[Section 2 Subsection (1) amended by No. 36 of 1996, s. 4 \\]*In this Act, unless the contrary intention appears –\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS4@Hpa@EN) ***applied provisions*** means the provisions of the Commonwealth Act as they apply under this Act as a law of this State;\n> > \n> > > ***Commonwealth Act*** means the [Civil Aviation (Carriers' Liability) Act 1959](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth and, if that Act is amended, includes that Act as amended from time to time;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS4@Hpb@EN) ***Commonwealth authority*** means an authority or officer of the Commonwealth;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS4@Hpc@EN) ***Commonwealth Regulations*** means the regulations from time to time in force under the [Commonwealth Act](/view/html/inforce/2026-04-12/act-9999-999#) for the purposes of [Part IV](/view/html/inforce/2026-04-12/act-9999-999#HPIV@EN) or [IVA of that Act](/view/html/inforce/2026-04-12/act-9999-999#HPIVA@EN) , other than regulations made for the purposes of section 41 of that Act;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS4@Hpd@EN) ***Commonwealth/State scheme*** means –\n> > > \n> > > > > (a) the Commonwealth Act; or\n> > > > \n> > > > > (b) the provisions of the Commonwealth Act as applied by this Act and the corresponding legislation of other States;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS4@Hpd@EN) ***State*** includes a Territory;\n> > \n> > > [*\\[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS4@Hpd@EN) ***State authority*** means an authority or officer of this State.\n> \n> > (2)  The provisions of [sections 5](/view/html/inforce/2026-04-12/act-1959-999#GS5@EN) and [26 of the Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#GS26@EN) apply, by virtue of this Act, to the interpretation of [section 4](#GS4@EN) of this Act in like manner as they apply to the interpretation of [section 27 of the Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#GS27@EN) .","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act to bind the Crown","content":"### 3 Act to bind the Crown\n\n> This Act binds the Crown.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Carriage to which Act applies","content":"### 4 Carriage to which Act applies\n\n> *\\[Section 4 Amended by No. 69 of 1971, s. 2 \\]*This Act 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 of a charter licence in the course of commercial transport operations under a contract for the carriage of the passenger between a place in this State and another place in this State or from a place in this State back to the last-mentioned place, not being carriage to which [Part IV of the Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#HPIV@EN) applies or to which the Warsaw Convention, or the Warsaw Convention as affected by the Hague Protocol, applies.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of provisions of Commonwealth Act and regulations","content":"### 5 Application of provisions of Commonwealth Act and regulations\n\n> *\\[Section 5 Amended by No. 36 of 1996, s. 5 \\]*The provisions of [Parts IV](/view/html/inforce/2026-04-12/act-1959-999#HPIV@EN) and [IVA of the Commonwealth Act](/view/html/inforce/2026-04-12/act-9999-999#HPIVA@EN) (other than [sections 27](/view/html/inforce/2026-04-12/act-1959-999#HPIVA@GS27@EN) , [40](/view/html/inforce/2026-04-12/act-1959-999#HPIVA@GS40@EN) , and [41](/view/html/inforce/2026-04-12/act-1959-999#HPIVA@GS41@EN) ), and, subject to any regulations made by the Governor pursuant to [section 7](#GS7@EN) of this Act, the provisions of the Commonwealth Regulations, apply to and in relation to carriage to which this Act applies, and matters connected with carriage to which this Act applies, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated –\n> \n> > > (a) general references to [Part IV](/view/html/inforce/2026-04-12/act-1959-999#HPIV@EN) or [IVA of the Commonwealth Act](/view/html/inforce/2026-04-12/act-9999-999#HPIVA@EN) were references to this Act;\n> > \n> > > (b) a reference in one of those provisions to another of those provisions were a reference to that other provision as applying by virtue of this Act;\n> > \n> > > (c) the reference in [subsection (5) of section 29 of the Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#GS29@Gs5@EN) to carriage referred to in [subsection (4) of section 27 of that Act](/view/html/inforce/2026-04-12/act-9999-999#GS27@Gs4@EN) were a reference to the carriage of a passenger where –\n> > > \n> > > > > (i) the carriage of the passenger between two places was to be performed by two or more carriers in successive stages;\n> > > > \n> > > > > (ii) the carriage has been regarded by the parties as a single operation, whether it has been agreed upon by a single contract or by two or more contracts; and\n> > > > \n> > > > > (iii) this Act would have applied to that carriage if it had been performed by a single carrier under a single contract; and\n> > \n> > > (d) the references in [sections 31](/view/html/inforce/2026-04-12/act-1959-999#GS31@EN) , [41C (2) (b)](/view/html/inforce/2026-04-12/act-9999-999#GS41C@Gs2@Hpb@EN) and [41D of the Commonwealth Act](/view/html/inforce/2026-04-12/act-9999-999#GS41D@EN) 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.","sortOrder":4},{"sectionNumber":"5A","sectionType":"section","heading":"Administration of Commonwealth/State scheme as Commonwealth Act","content":"### 5A Administration of Commonwealth/State scheme as Commonwealth Act\n\n> [*\\[Section 5A Inserted by No. 3 of 2003, s. 5, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-003#GS5@EN)\n> \n> > (1)  It 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> \n> > (2)  To that end –\n> > \n> > > > (a) Commonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations; and\n> > > \n> > > > (b) the laws of the Commonwealth apply as laws of this State 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 this State.\n> \n> > (3)  For the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying by virtue of this section.\n> \n> > (4)  Without limiting [subsection (2)(b)](#GS5A@Gs2@Hpb@EN) , the laws of the Commonwealth that apply to offences against the applied provisions under that subsection are 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> > \n> > > > (a) [Acts Interpretation Act 1901](/view/html/inforce/2026-04-12/act-1901-999) ;\n> > > \n> > > > (b) [Crimes Act 1914](/view/html/inforce/2026-04-12/act-1914-999) ;\n> > > \n> > > > (c) [Director of Public Prosecutions Act 1983](/view/html/inforce/2026-04-12/act-1983-999) ;\n> > > \n> > > > (d) [Evidence Act 1995](/view/html/inforce/2026-04-12/act-1995-999) .\n> \n> > (5)  Nothing in this Act –\n> > \n> > > > (a) derogates from the powers of State authorities to enforce the applied provisions; or\n> > > \n> > > > (b) imposes a duty on Commonwealth authorities to enforce the applied provisions.\n> \n> > (6)  Without limiting the generality of [subsection (5)(a)](#GS5A@Gs5@Hpa@EN)  –\n> > \n> > > > (a) the Minister may apply to a court of competent jurisdiction for an injunction restraining a carrier from engaging in prohibited carriage; and\n> > > \n> > > > (b) for that purpose, a reference in section 41J of the Commonwealth Act, as applied and incorporated in this Act, to a Commonwealth authority is taken to include a reference to the Minister.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Stowaways","content":"### 6 Stowaways\n\n> The provisions of [section 42 of the Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#GS42@EN) apply in relation to a person who, within this State, 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 to Parts of the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#) were a reference to this Act.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"### 7 Regulations\n\n> > (1)  The Minister shall cause to be laid before each House of Parliament a copy of any regulations made under the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#) within the first 10 sitting days of the House after the making of the regulations has been notified in the *Commonwealth of Australia Gazette*.\n> \n> > (2)  The provisions of [subsections (4)](/view/html/inforce/2026-04-12/act-1931-999#GS47@Gs4@EN) , [(5)](/view/html/inforce/2026-04-12/act-1931-999#GS47@Gs5@EN) , [(6)](/view/html/inforce/2026-04-12/act-1931-999#GS47@Gs6@EN) , and [(7) of section 47 of the](/view/html/inforce/2026-04-12/act-1931-999#GS47@Gs7@EN) [Acts Interpretation Act 1931](/view/html/inforce/2026-04-12/act-1931-999) , with the necessary adaptations, apply to and in relation to regulations that are laid before each House of Parliament pursuant to [subsection (1)](#GS7@Gs1@EN) as if those regulations were regulations made under an Act of the Parliament of this State.\n> \n> > (3)  The Governor may, in relation to carriage to which this Act applies, make regulations prescribing all matters that are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#) .\n> \n> > (4)  If the Governor makes any regulations under the authority of [subsection (3)](#GS7@Gs3@EN) , the Commonwealth Regulations, in so far as they are inconsistent with any regulations so made by the Governor, cease to apply to or in relation to carriage to which this Act applies and to matters connected with carriage to which this Act applies.\n> \n> > (5)  Where regulations are made by the Governor under the authority of [subsection (3)](#GS7@Gs3@EN) , any reference in the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#) to regulations made thereunder shall, in respect of the application of the [Commonwealth Act](/view/html/inforce/2026-04-12/act-1959-999#) 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 that are inconsistent therewith.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Review of Act","content":"### 8 Review of Act\n\n> *\\[Section 8 Inserted by No. 36 of 1996, s. 6 \\]*The Minister must ensure that this Act is reviewed within 10 years from the day on which the [Civil Aviation (Carriers' Liability) Amendment Act 1996](/view/html/inforce/2026-04-12/act-9999-999) commences.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 1963 purpose of simply applying Commonwealth liability rules to intrastate carriage. The 2003 amendments (section 5A) transformed it from a basic 'reference Act' into a complex administrative arrangement creating a 'Commonwealth/State scheme' with hybrid enforcement mechanisms. The original Act merely applied Commonwealth liability provisions; the current version establishes parallel enforcement jurisdictions, imports multiple Commonwealth statutes (Crimes Act, Evidence Act, etc.) by reference, and creates intricate regulatory hierarchies. The 1996 amendments also added the review mechanism (section 8) and modified the application provisions. What began as a simple 7-section statute for passenger compensation has become a sophisticated intergovernmental machinery statute managing the interface between State and Commonwealth aviation safety and liability regimes."},"complexity_factors":["Extensive cross-referencing: The Act incorporates by reference large portions of the Commonwealth Civil Aviation (Carriers' Liability) Act 1959 (Parts IV and IVA) without reproducing them, requiring readers to consult two statutes simultaneously","Mirror legislation structure: The Act functions as 'application legislation' that applies Commonwealth law as State law, creating a dual-layer legal framework","Complex definitional framework: 7 defined terms in section 2, including recursive definitions like 'Commonwealth/State scheme' and 'applied provisions'","Nested modification clauses: Section 5 contains multiple layers of deeming provisions (paragraphs a-d) that rewrite Commonwealth Act references for State context","Administrative complexity: Section 5A creates a hybrid enforcement regime where Commonwealth authorities enforce State-applied law using Commonwealth criminal procedure laws (Crimes Act 1914, Evidence Act 1995, etc.)","Regulatory interplay: Section 7 establishes a complex hierarchy between Commonwealth Regulations and State regulations, with specific inconsistency resolution rules","Temporal ambiguity: Section 8 contains a spent review provision (10-year review from 1996 commencement) that is now historical but remains in the text"],"plain_english_summary":"This law sets the rules for who pays compensation when passengers are injured or killed on **domestic flights within a single Australian State** (intrastate flights).\n\n**What it does:**\n- **Applies Commonwealth liability rules to purely State-level flights**: Normally, the Commonwealth's Civil Aviation (Carriers' Liability) Act 1959 covers interstate and international flights. This State Act \"borrows\" those same Commonwealth rules and applies them to flights that stay entirely within one State.\n- **Sets compensation limits**: Airlines (carriers) must pay set amounts to passengers (or their families) for death or injury, without the passenger having to prove the airline was at fault. This is called **strict liability** (liability without needing to prove negligence).\n- **Creates a uniform national scheme**: By applying the same rules across all States, passengers get consistent protection whether flying Sydney-Melbourne (interstate, Commonwealth law) or Perth-Kalgoorlie (intrastate, this State law).\n\n**Who it affects:**\n- **Passengers** on commercial flights operated by licensed airlines or charter operators flying between places within the same State.\n- **Airlines and charter operators** holding licences who carry these passengers.\n- **Stowaways** (people who travel without permission) are also covered by related rules.\n\n**Why it matters:**\nBefore this law, someone injured on a flight from Melbourne to Mildura might have had different (or no) compensation rights compared to someone flying Melbourne to Sydney. This law ensures **consistent, no-fault compensation** for domestic aviation accidents nationwide, filling the gap left by international treaties (like the Warsaw Convention) and Commonwealth law that only cover cross-border flights.\n\n**Key features:**\n- The State doesn't rewrite the Commonwealth rules—it **\"applies\" or incorporates them by reference**, meaning the Commonwealth Act's Parts IV and IVA (liability provisions) operate as if they were State law.\n- Commonwealth authorities (like CASA) help enforce these rules as if they were Commonwealth offences.\n- The State can make its own regulations, but if they conflict with Commonwealth regulations, the State version wins for intrastate flights."},"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"Originally enacted in 1963 to mirror Commonwealth liability rules at the state level, the Act's practical scope has likely narrowed over time as Commonwealth aviation legislation has expanded to cover more domestic aviation matters directly. Amendments since 1963 (last noted file modification October 2019) suggest the Act has been updated to remain consistent with evolving federal and international aviation liability frameworks, shifting its role from primary regulator to a gap-filling or complementary instrument."},"complexity_factors":["Operates within a dual federal-state legal framework, requiring readers to understand how Commonwealth and Tasmanian aviation law interact","References international aviation conventions (such as the Warsaw Convention) which add an extra layer of legal context","Liability caps and compensation rules involve technical legal calculations","The Act has been in force since 1963 and has been amended multiple times, meaning current provisions may differ significantly from the original text","Distinguishing which flights and carriers fall under state versus federal jurisdiction is not straightforward","Limited content is visible in the provided text, making full analysis reliant on implied legal context rather than explicit provisions"],"plain_english_summary":"Tasmania’s Civil Aviation (Carriers’ Liability) Act 1963 sets state rules for when airlines are legally responsible for passenger injury or death and for loss or damage to baggage and cargo. It affects passengers, carriers, families and freight customers by defining when compensation is payable and how liability can be limited, operating alongside Commonwealth aviation law to fill state-level gaps."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Compared with the standalone Commonwealth Act, this State Act narrows and tailors scope by applying selected Commonwealth provisions to intra‑State commercial passenger carriage only (s 4, s 5), excludes specified Commonwealth sections (s 5), permits the Governor to make State regulations that override inconsistent Commonwealth Regulations for that carriage (s 7(3)–(5)), and directs that enforcement and criminal‑law treatment operate as if the applied provisions were Commonwealth law (s 5A)."},"complexity_factors":["Incorporation of Commonwealth Act Parts IV and IVA into State law with textual adaptations (s 5).","Limited territorial and subject scope — applies only to specified intra‑State commercial carriage and excludes carriage covered by Part IV of the Commonwealth Act or the Warsaw Convention (s 4).","Express exclusions of particular Commonwealth provisions from application (s 5: excludes ss 27, 40 and 41).","Dual regulatory sources: Commonwealth Regulations apply unless the Governor makes State regulations which displace inconsistent Commonwealth Regulations (s 5, s 7(3)–(5)).","Intended enforcement parity: Commonwealth authorities have powers to enforce the applied provisions and Commonwealth offences‑law applies to breaches as if they were Commonwealth offences (s 5A(1)–(4)).","Preservation of State enforcement and Ministerial injunctive power alongside Commonwealth enforcement (s 5A(5)–(6)).","Interpretive cross‑references and reliance on Commonwealth interpretive provisions for reading section 4 (s 2(2)).","Specific application to stowaways by incorporating Commonwealth s 42 (s 6).","Commencement by proclamation and a statutory review obligation (s 1(2), s 8)."],"plain_english_summary":"This Act applies selected parts of the Commonwealth Civil Aviation (Carriers' Liability) Act to commercial intra‑state passenger flights operated under airline or charter licences, incorporating federal liability rules into State law and binding the Crown. Carriers bear the resulting liability costs; Commonwealth authorities may enforce the applied provisions, and the State Governor can make substitute State regulations that displace inconsistent Commonwealth regulations, while some Commonwealth sections are expressly excluded."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-carriers-liability-act-1963","history":"/api/acts/civil-aviation-carriers-liability-act-1963/history","analysis":"/api/acts/civil-aviation-carriers-liability-act-1963/analysis","conflicts":"/api/acts/civil-aviation-carriers-liability-act-1963/conflicts","importantCases":"/api/acts/civil-aviation-carriers-liability-act-1963/important-cases","documents":"/api/acts/civil-aviation-carriers-liability-act-1963/documents"}}