{"id":"nsw:act-1967-064","name":"Civil Aviation (Carriers’ Liability) Act 1967","slug":"civil-aviation-carriers-liability-act-1967","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"64 of 1967","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110750,"registerId":"nsw-act-1967-064-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act and commencement","content":"#### 1 Name of Act and commencement\n\n1 Name of Act and commencement\n\n> > (1) This Act may be cited as the [Civil Aviation (Carriers’ Liability) Act 1967](/view/html/inforce/current/act-1967-064).\n> \n> > (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Definitions","content":"#### 2 Definitions\n\n2 Definitions\n\n> > (1) In this Act:\n> > \n> > applied provisions means the provisions of the Commonwealth Act and the Commonwealth Regulations as they apply under this Act as laws of the State.\n> > \n> > Commonwealth authority means an authority or officer of the Commonwealth.\n> > \n> > the Commonwealth Act means the [Civil Aviation (Carriers’ Liability) Act 1959](http://www.legislation.gov.au/) of the Parliament of the Commonwealth of Australia and, if that Act is amended, includes that Act as amended from time to time.\n> > \n> > the Commonwealth Regulations means the regulations from time to time in force under the Commonwealth Act for the purposes of Part IV or IVA of that Act, other than regulations made for the purposes of section 41 of that Act.\n> \n> > (2) The provisions of sections 5, 26 and 41B of the Commonwealth Act apply, by virtue of this Act, to the interpretation of this Act.\n> \n> **s 2:** Am 1971 No 8, sec 2 (a); 1996 No 70, Sch 1 (1)–(4).","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act to bind Crown","content":"#### 3 Act to bind Crown\n\n3 Act to bind 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\n4 Carriage to which Act applies\n\n> The carriage to which this Act applies is 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 under a contract for the carriage of the passenger between a place in the State and another place in the State or from a place in the State back to that place, not being:\n> \n> > (a) carriage to which Part IV of the Commonwealth Act applies, or\n> \n> > (b) carriage to which the Warsaw Convention, the Hague Protocol or the Guadalajara Convention applies, or\n> \n> > (c) carriage to which the provisions of another convention, protocol or treaty apply, being provisions that have the force of law under the Commonwealth Act and that are prescribed for the purposes of this paragraph by the regulations under this Act.\n> \n> **s 4:** Am 1971 No 8, sec 2 (b); 1996 No 70, Sch 1 (5).","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of provisions of Parts IV and IVA of the Commonwealth Act","content":"#### 5 Application of provisions of Parts IV and IVA of the Commonwealth Act\n\n5 Application of provisions of Parts IV and IVA of the Commonwealth Act\n\n> The provisions of Parts IV and IVA of the Commonwealth Act (other than sections 27, 40, 41 and 41J (8)) and, subject to section 7 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 the carriage, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated:\n> \n> > (a) general references to Parts IV and IVA of the Commonwealth Act 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 to carriage referred to in subsection (4) of section 27 of that Act 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 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.\n> \n> **s 5:** Am 1996 No 70, Sch 1 (6)–(8).","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Stowaways","content":"#### 6 Stowaways\n\n6 Stowaways\n\n> The provisions of section 42 of the Commonwealth Act apply in relation to a person who, within the 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 Parts of the Commonwealth Act were a reference to this Act.","sortOrder":5},{"sectionNumber":"6A","sectionType":"section","heading":"Administration of the applied provisions as Commonwealth laws","content":"#### 6A Administration of the applied provisions as Commonwealth laws\n\n6A Administration of the applied provisions as Commonwealth laws\n\n> > (1) It is the intention of Parliament that the applied provisions should be administered and enforced as if they were provisions applying as laws of the Commonwealth instead of being provisions applying as laws of the State.\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 to offences against the applied provisions as if they were offences against the Commonwealth Act or the Commonwealth Regulations, and\n> > \n> > > (c) the laws of the State do not apply to offences against the applied provisions.\n> \n> > (3) In the application of provisions of the Commonwealth Act and the Commonwealth Regulations under this Act, any function or power conferred on a Commonwealth authority by or under those provisions may be exercised or performed (in respect of carriage to which this Act applies and matters connected with that carriage) by that Commonwealth authority.\n> \n> **s 6A:** Ins 1996 No 70, Sch 1 (9).","sortOrder":6},{"sectionNumber":"6B","sectionType":"section","heading":"Alternative arrangements for administration of applied provisions","content":"#### 6B Alternative arrangements for administration of applied provisions\n\n6B Alternative arrangements for administration of applied provisions\n\n> > (1) The regulations may provide that:\n> > \n> > > (a) any or all of the provisions of section 6A do not have effect, and\n> > \n> > > (b) any or all of the functions or powers conferred on a Commonwealth authority by or under the applied provisions may be exercised or performed by a person or authority specified in the regulations.\n> \n> > (2) To the extent that, because of regulations referred to in subsection (1), the laws of the Commonwealth do not apply to an offence against the applied provisions, the offence is to be regarded as an indictable offence under the laws of the State, but may, with the consent of the prosecutor and the defendant, be dealt with summarily.\n> \n> **s 6B:** Ins 1996 No 70, Sch 1 (9).","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Regulations","content":"#### 7 Regulations\n\n7 Regulations\n\n> > (1) Any Commonwealth Regulations in force at the commencement of this Act shall be laid before both Houses of Parliament within fourteen sitting days after that commencement if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next session.\n> \n> > (2) Any Commonwealth Regulation made after the commencement of this Act shall be laid before both Houses of Parliament within fourteen sitting days after the notification in the Commonwealth of Australia Gazette of the making thereof if Parliament is then in session, and, if not, then within fourteen sitting days after the commencement of the next session.\n> > \n> > Editorial note—\n> > \n> > See [Civil Aviation (Carriers’ Liability) Regulations](http://www.legislation.gov.au/) notified in the Commonwealth of Australia Gazette on 22 January 1991 and amended in the Commonwealth of Australia Gazettes on 18 October 1994, 6 December 1995, 30 October 1996 and 12 August 1998.\n> \n> > (3) The Governor may in relation to carriage to which this Act applies make regulations prescribing all matters which by the Commonwealth Act (including section 40) 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 in relation to carriage to which this Act applies and to matters connected with that carriage.\n> \n> > (4) (Repealed)\n> \n> > (5) If either House of Parliament passes a resolution of which notice has been given at any time within fifteen sitting days after any Commonwealth Regulation has been laid before it disallowing the Commonwealth Regulation, or part thereof, the Commonwealth Regulation, or part thereof, shall thereupon cease to apply by virtue of this Act.\n> \n> > (6) Where regulations are made by the Governor pursuant to subsection (3), 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 Regulation inconsistent therewith.\n> \n> > (7) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> **s 7:** Am 1987 No 48, Sch 32; 1996 No 70, Sch 1 (10).","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act does not simply copy the Commonwealth liability regime; it tailors and limits it. It applies selected Parts IV/IVA provisions to intra‑State passenger carriage by licensed carriers while excluding carriage already governed by certain Commonwealth parts or international conventions (s 4, s 5). It further changes administration by declaring applied provisions enforceable as Commonwealth law (s 6A) but permits regulations to reverse that allocation and vest functions in State authorities (s 6B), and allows the Governor to make regulations that displace inconsistent Commonwealth Regulations (s 7)."},"complexity_factors":["Cross‑reference and incorporation of Parts IV and IVA of the Commonwealth Act into State law rather than standalone provisions (s 5) — creates multi‑jurisdictional interpretive complexity.","Explicit exclusions narrowing scope (carriage subject to Part IV, Warsaw/Hague/Guadalajara or prescribed treaties) which require identification of overlapping instruments (s 4).","Definitions that import the Commonwealth Act as amended and the Commonwealth Regulations, producing dynamic scope as those Commonwealth instruments change (s 2).","Provision that applied provisions are to be administered and enforced as if they were Commonwealth laws, giving Commonwealth authorities enforcement powers and displacing State law for offences (s 6A) — changes enforcement forums and applicable criminal procedure.","Power in regulations to disapply section 6A and to vest functions in State persons/authorities instead, with corresponding reclassification of offences under State law (s 6B) — introduces conditional bifurcation of administration.","Governor’s regulation‑making power to prescribe matters otherwise covered by Commonwealth regulations and to displace inconsistent Commonwealth Regulations for State carriage (s 7(3) & (6)) — creates potential for divergence between State and Commonwealth regulatory regimes.","Statutory requirement to lay Commonwealth Regulations before State Parliament (s 7(1)–(2)) and parliamentary disallowance mechanism (s 7(5)) — procedural steps that affect regulatory certainty.","Incorporation of particular Commonwealth interpretive provisions into this Act (s 2(2)) and a specific stowaway provision (s 6) — additional layers of incorporated content to track.","The Act binds the Crown (s 3), so Crown parties are subject to the same incorporated liabilities, affecting who pays and who can be sued."],"plain_english_summary":"This Act imports selected liability rules from the Commonwealth Civil Aviation (Carriers’ Liability) Act into State law for passenger carriage by airline or charter licence-holders operating within the State, while excluding carriage already covered by certain Commonwealth parts or international conventions. It makes those imported rules enforceable as if they were Commonwealth laws but allows regulations to transfer enforcement or modify which rules apply, so carriers, passengers and enforcement authorities face a mix of Commonwealth-origin rules and State regulatory choices."},"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"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original intent of state carriers' liability legislation was to comprehensively regulate compensation for aviation accidents within state jurisdiction. Over time, the practical scope has significantly narrowed as federal legislation and international conventions have taken primacy, leaving this Act relevant mainly to a narrow category of intrastate NSW flights. The Act's lack of updates since 1996 means its practical scope has drifted considerably from what a standalone comprehensive liability regime would look like today."},"complexity_factors":["Interaction between state and federal jurisdiction creates legal ambiguity about when this Act applies versus the federal Civil Aviation (Carriers' Liability) Act 1959","Aviation law involves overlapping international treaty obligations (e.g., Warsaw Convention, Montreal Convention) that interact with domestic legislation","The Act is significantly outdated (last substantively amended 1996), meaning readers must cross-reference subsequent federal developments to understand the current legal landscape","The concept of carriers' liability involves technical legal distinctions between types of damage (personal injury, death, baggage loss, cargo damage) each potentially with different rules and compensation caps","Determining which flights fall under state versus federal jurisdiction requires understanding constitutional division of powers in Australia","The legislation text provided is largely metadata/navigation rather than substantive provisions, making full analysis difficult and requiring reference to the actual Act text"],"plain_english_summary":"The Civil Aviation (Carriers' Liability) Act 1967 (NSW) is a state law that defines when and how air carriers must compensate passengers, victims’ families, and shippers for injury, death or lost/damaged baggage on flights within NSW.  \n\nIt matters because it clarifies and caps carriers’ liability for intrastate travel, affecting passengers and airlines, though federal law and international treaties now largely govern aviation and often take precedence."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains its original narrow purpose of extending Commonwealth carriers' liability standards to intrastate carriage. The 1996 amendments (sections 6A and 6B) added administrative flexibility regarding enforcement but did not expand the substantive scope beyond the original intent of covering purely State-based commercial aviation."},"complexity_factors":["Heavy reliance on 'applied provisions'—the Act incorporates by reference large chunks of the Commonwealth Civil Aviation (Carriers' Liability) Act 1959 and its regulations, meaning the full legal effect cannot be understood without consulting external federal legislation","Complex conditional logic in section 4 defining scope through triple negatives and exceptions (carriage 'not being' (a), (b), or (c) international/interstate coverage)","Nested cross-references in section 5 requiring mental mapping between State Act provisions and Commonwealth Act provisions with four specific modification rules (paragraphs a-d)","Dual administration mechanism in sections 6A and 6B creating a switchable enforcement framework—default is Commonwealth administration, but regulations can flip to State administration with consequential changes to criminal procedure (indictable vs summary offences)","Regulatory interplay in section 7 allowing Governor-made regulations to override inconsistent Commonwealth Regulations, creating potential conflicts between State and federal subordinate legislation","Incorporation of international treaty concepts (Warsaw Convention, Hague Protocol, Guadalajara Convention) by reference without defining them in the Act"],"plain_english_summary":"This law sets the rules for when airlines must pay compensation to passengers who are injured or killed during domestic flights within a single Australian State.\n\n**What it does:**\n- **Covers domestic flights**: It applies to commercial flights that start and finish within the same State (intrastate carriage), operated by licensed airlines or charter companies.\n- **Excludes international flights**: It does NOT apply to flights covered by international treaties like the Warsaw Convention, or to interstate/international flights already covered by Commonwealth (federal) law.\n- **Adopts federal rules**: Instead of writing its own detailed compensation rules from scratch, this State law \"borrows\" Parts IV and IVA of the Commonwealth Civil Aviation (Carriers' Liability) Act 1959. This means passengers get the same compensation standards as they would under federal law, but for purely State-based flights.\n- **Who can enforce it**: Generally, Commonwealth authorities (like federal aviation regulators) enforce these rules as if they were federal laws. However, the State can make regulations to hand enforcement powers back to State authorities if needed.\n- **Stowaways**: Special rules apply to people who sneak onto planes without permission—they're covered by the same compensation rules as paying passengers.\n\n**Why it matters:**\nBefore this law, passengers on purely intrastate flights might have had no clear compensation rights, or different rights depending on which State they flew in. This law ensures consistent, nationally-aligned protection for anyone flying commercially within a State, while avoiding overlap with international treaties and federal interstate flight rules."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-carriers-liability-act-1967","history":"/api/acts/civil-aviation-carriers-liability-act-1967/history","analysis":"/api/acts/civil-aviation-carriers-liability-act-1967/analysis","conflicts":"/api/acts/civil-aviation-carriers-liability-act-1967/conflicts","importantCases":"/api/acts/civil-aviation-carriers-liability-act-1967/important-cases","documents":"/api/acts/civil-aviation-carriers-liability-act-1967/documents"}}