{"id":"F2019L01172","name":"Civil Aviation (Carriers’ Liability) Regulations 2019","slug":"civil-aviation-carriers-liability-regulations-2019","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":440223,"registerId":"F2019L01172-fast-fetch-1775955932494","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Civil Aviation (Carriers’ Liability) Regulations 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nCivil Aviation (Carriers’ Liability) Regulations 2019\n\nI, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated 05 September 2019\n\nDavid Hurley\n\nGovernor‑General\n\nBy His Excellency’s Command\n\nMichael McCormack\n\nDeputy Prime Minister and Minister for Infrastructure, Transport and Regional Development\n\n \n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Schedules\n\n5 Definitions\n\nPart 2—Liability limits\n\n6 Liability limits relating to passengers\n\n7 Liability limits relating to baggage\n\nPart 3—Insurance requirements and permitted liability exclusions\n\n8 Requirements in relation to a contract of insurance\n\n9 Permitted exclusions of insurer’s liability\n\nPart 4—Auditing\n\n10 Notices under section 41JA of the Act\n\n11 Form in which evidence to be produced under section 41JA of the Act\n\n12 Notice of cancellation etc of contract of insurance\n\n13 Effect of failure to give notice under section 12\n\nPart 5—Application, saving and transitional provisions\n\nDivision 1—Civil Aviation (Carriers’ Liability) Regulations 2019\n\n14 Application—Notices under section 41JA of the Act\n\n15 Application—Notice of cancellation etc of contract of insurance entered into on or after 1 October 2019\n\n16 Savings—Notice of cancellation etc of contract of insurance entered into before 1 October 2019\n\nSchedule 1—Repeals\n\nCivil Aviation (Carriers’ Liability) Regulations 1991\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Civil Aviation (Carriers’ Liability) Regulations 2019.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 October 2019. 1 October 2019\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Civil Aviation (Carriers’ Liability) Act 1959.\n\n4  Schedules\n\n  Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n5  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) acceptable contract of insurance (see section 41B of the Act);\n\n(b) contract of insurance (see section 41B of the Act);\n\n(c) SDR.\n\n  In this instrument:\n\nAct means the Civil Aviation (Carriers’ Liability) Act 1959.\n\nterminating event: see subsection 12(6).\n\nPart 2—Liability limits\n\n \n\n6  Liability limits relating to passengers\n\n (1) For the purposes of subsection 31(1) of the Act, the amount prescribed is $925,000.\n\n (2) For the purposes of subsection 31(1A) of the Act, the number of SDRs prescribed is 480,000.\n\n7  Liability limits relating to baggage\n\n (1) For the purposes of subsection 31(2) of the Act, the amount prescribed is $3,000.\n\n (2) For the purposes of subsection 31(3) of the Act, the amount prescribed is $300.\n\nPart 3—Insurance requirements and permitted liability exclusions\n\n \n\n8  Requirements in relation to a contract of insurance\n\n (1) For the purposes of paragraph 41C(2)(b) of the Act, it is a prescribed requirement in relation to a contract of insurance:\n\n (a) that the insurer is authorised under section 12 of the Insurance Act 1973 to carry on insurance business in Australia; or\n\n (b) that:\n\n (i) the insurer is permitted or authorised under the law of a foreign country to carry on insurance business; and\n\n (ii) CASA is satisfied that the requirements imposed on the insurer under that law are similar to or consistent with requirements under that Act.\n\n (2) For the purposes of paragraph 41C(3)(aa) of the Act, the number of SDRs prescribed is 480,000.\n\n9  Permitted exclusions of insurer’s liability\n\n (1) This section is made for the purposes of section 41D of the Act.\n\nStandard exclusion clauses\n\n (2) A contract of insurance that indemnifies the insured carrier against personal injury liability may exclude liability by adopting:\n\n (a) a standard exclusion clause covered by subsection (3); or\n\n (b) a clause that has similar effect to a standard exclusion clause covered by subsection (3).\n\n (3) This subsection covers the following standard exclusion clauses, as accessible on the International Underwriting Association of London website (http://www.iuaclauses.co.uk) on 1 October 2019:\n\n (a) the Aviation Radioactive Contamination Exclusion Clause (General) (also called AVN 38A);\n\n (b) the Nuclear Risks Exclusion Clause (also called AVN 38B);\n\n (c) the Noise and Pollution and Other Perils Exclusion Clause (also called AVN 46B);\n\n (d) the War, Hijacking and Other Perils Exclusion Clause (Aviation) (also called AVN 48B).\n\nExclusion of liability for employees\n\n (4) A contract of insurance that indemnifies the insured carrier against personal injury liability may exclude liability in respect of an employee of the carrier who is travelling in the course of the employee’s duties as an employee.\n\nExclusion of liability for aircraft that are not notified\n\n (5) A contract of insurance that indemnifies an insured carrier against personal injury liability may exclude liability in respect of a passenger who travels on an aircraft operated by the carrier that is not notified in relation to the contract of insurance.\n\n (6) For the purposes of subsection (5), an aircraft is notified in relation to a contract of insurance if the insurer has given CASA a notice in writing to the effect that the insurer is prepared to indemnify the insured carrier in relation to personal injury liability arising out of the operation by the insured carrier of:\n\n (a) aircraft of that type, being a type identified in the contract of insurance; or\n\n (b) that aircraft, as identified in the contract of insurance by make, model and registration mark.\n\nPart 4—Auditing\n\n \n\n10  Notices under section 41JA of the Act\n\n (1) For the purposes of paragraph 41K(b) of the Act, the period that may be set out in a notice given to a carrier under section 41JA of the Act is 14 days from the day the carrier receives the notice.\n\n (2) However, if CASA has received a notice from an insurer in relation to a carrier under section 12 of these Regulations or regulation 10 of the Civil Aviation (Carriers’ Liability) Regulations 1991 as it continues to apply under section 16 of these Regulations:\n\n (a) the period that may be set out in a notice given to the carrier under section 41JA of the Act is 3 days from the day the carrier receives the notice; and\n\n (b) the notice must state that CASA has received the notice from the insurer under the relevant section or regulation.\n\n (3) Also, if CASA reasonably believes that a contract of insurance may have ceased to be in force, or may no longer meet a prescribed requirement mentioned in subsection 41C(2) of the Act:\n\n (a) the period that may be set out in a notice given to a carrier under section 41JA of the Act in relation to the contract of insurance is 3 days from the day the carrier receives the notice; and\n\n (b) the notice must include a statement to the effect that CASA believes that the contract of insurance may have ceased to be in force or may no longer meet the prescribed requirement.\n\n11  Form in which evidence to be produced under section 41JA of the Act\n\n (1) This section is made for the purposes of paragraph 41K(c) of the Act.\n\n (2) Evidence that an acceptable contract of insurance is in force that a carrier is to produce under section 41JA of the Act must be in one of the following forms:\n\n (a) a certificate by the insurer that the contract is in force;\n\n (b) the contract;\n\n (c) a written receipt for payment of a premium for the contract;\n\n (d) a form mentioned in the notice given to the carrier under section 41JA of the Act.\n\n12  Notice of cancellation etc of contract of insurance\n\n (1) This section is made for the purposes of paragraph 41K(d) of the Act.\n\n (2) The insurer under an acceptable contract of insurance must give CASA written notice of either of the following events:\n\n (a) a modification of the contract that will result in the contract no longer meeting a prescribed requirement mentioned in subsection 41C(2) of the Act;\n\n (b) the cancellation of the contract by the insurer.\n\n (3) The insurer must give the notice under subsection (2):\n\n (a) no later than the end of the third business day before the day the event is expected to happen; or\n\n (b) if the insurer had no reasonable expectation of the event at any time before the end of the third business day before the day the event happens—no later than the end of the first business day after the day the event happens.\n\n (4) The insurer under an acceptable contract of insurance that is not renewed must give CASA written notice of the non‑renewal within 3 business days after the contract expires.\n\n (5) The insurer under an acceptable contract of insurance must give CASA written notice of a terminating event within 3 business days after the insurer becomes aware, or ought reasonably to have become aware, of the event.\n\n (6) A terminating event means an act of the carrier that would, apart from subsection 13(4), have as a result the contract ceasing to be in force before the end of the term set out in the contract.\n\n13  Effect of failure to give notice under section 12\n\n (1) This section is made for the purposes of paragraph 41K(e) of the Act.\n\n (2) If, in relation to a contract of insurance, an event described in subsection 12(2) occurs, but the insurer does not give CASA notice of the event as required by subsections 12(2) and (3), then, despite anything in the contract of insurance, the contract remains in force until the earliest of the following:\n\n (a) the time when the carrier obtains from the same or another insurer an acceptable contract of insurance;\n\n (b) if the insurer subsequently gives the notice—3 business days after CASA receives the notice;\n\n (c) if the insurer does not give the notice before the end of 3 months after the day the event happens—the end of that period.\n\n (3) If, in relation to a contract of insurance, the contract is not renewed, and the insurer does not give CASA notice of the non‑renewal as required by subsection 12(4), then, despite anything in the contract of insurance, the contract remains in force until the earliest of the following:\n\n (a) the time when the carrier obtains from the same or another insurer an acceptable contract of insurance;\n\n (b) if the insurer subsequently gives the notice—3 business days after CASA receives the notice;\n\n (c) if the insurer does not give the notice before the end of 3 months after the day the contract expires—the end of that period.\n\n (4) If, in relation to a contract of insurance, a terminating event occurs, but the insurer does not give CASA notice as required by subsection 12(5), then, despite anything in the contract of insurance, the contract continues in force until the earliest of the following:\n\n (a) the time when the insured carrier obtains from the same or another insurer an acceptable contract of insurance;\n\n (b) if the insurer subsequently gives the notice—3 business days after CASA receives the notice;\n\n (c) if the insurer does not give the notice before the end of 3 months after the day the event happens—the end of that period.\n\nPart 5—Application, saving and transitional provisions\n\nDivision 1—Civil Aviation (Carriers’ Liability) Regulations 2019\n\n14  Application—Notices under section 41JA of the Act\n\n  Sections 10 and 11 of this instrument apply in relation to notices given under section 41JA of the Act on or after 1 October 2019.\n\n15  Application—Notice of cancellation etc of contract of insurance entered into on or after 1 October 2019\n\n  Sections 12 and 13 of this instrument apply in relation to a contract of insurance entered into on or after 1 October 2019.\n\n16  Savings—Notice of cancellation etc of contract of insurance entered into before 1 October 2019\n\n  Despite the repeal of the Civil Aviation (Carriers’ Liability) Regulations 1991 by Schedule 1 to this instrument, regulations 10 and 11 of the Civil Aviation (Carriers’ Liability) Regulations 1991 continue to apply on and after 1 October 2019 in relation to a contract of insurance entered into before 1 October 2019.\n\nSchedule 1—Repeals\n\n   \n\nCivil Aviation (Carriers’ Liability) Regulations 1991\n\n1  The whole of the instrument\n\nRepeal the instrument.\n\n \n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to maintain its original scope as a technical regulations instrument supporting the Civil Aviation (Carriers' Liability) Act 1959. It updates monetary limits, modernises insurance requirements, and repeals the 1991 Regulations without expanding into new substantive areas. The transitional provisions preserve existing arrangements temporarily but do not represent scope creep."},"complexity_factors":["Moderate cross-referencing to the Civil Aviation (Carriers' Liability) Act 1959 (the parent Act) for definitions and enabling provisions","Use of defined terms from the Act including 'acceptable contract of insurance', 'contract of insurance', and 'SDR' (Special Drawing Rights)","Conditional logic in sections 10(2) and 10(3) creating alternative notice periods (14 days vs 3 days) based on specific triggering events","Nested timing requirements in section 12 with multiple deadlines depending on whether events were expected or unexpected","Parallel structure in section 13 with three subsections (2), (3), and (4) each containing identical conditional outcomes (a), (b), (c) for different scenarios","Transitional provisions in Part 5 maintaining dual regimes for contracts entered before and after 1 October 2019","External reference to specific insurance clauses (AVN 38A, 38B, 46B, 48B) located on a website as at a specific date"],"plain_english_summary":"This law requires airlines operating in Australia to carry approved insurance and sets clear compensation limits for passenger death or injury (up to $925,000 domestic; an SDR-based cap for international flights) and for lost or damaged baggage (checked and carry‑on). It permits customary exclusions (e.g., war, nuclear risks), obliges insurers to notify CASA quickly of cancellations, and protects passengers by keeping coverage effective for a short transition if insurers fail to notify."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"This instrument repeals the Civil Aviation (Carriers’ Liability) Regulations 1991 and replaces them with updated rules: it prescribes specific monetary liability limits for passengers and baggage, updates insurer authorisation criteria (including CASA assessment of foreign insurers), identifies permitted insurer exclusion clauses (referencing IUA clauses), and sets notice, evidence and audit procedures and transitional arrangements (see Schedule 1; Parts 2–5). For contracts entered before 1 October 2019, certain 1991 provisions continue to apply (section 16)."},"complexity_factors":["Cross‑references to the Civil Aviation (Carriers’ Liability) Act 1959 and multiple Act provisions (s.31, s.41B, s.41C, s.41D, s.41JA, s.41K) requiring legal mapping between instruments (see instrument preamble and sections 5, 6, 8, 9, 10, 11, 12).","Monetary and SDR limits prescribed in specific figures (passenger $925,000; 480,000 SDRs; baggage $3,000 and $300) that need updating/interpretation in light of SDR valuation (sections 6(1)–(2), 7(1)–(2), 8(2)).","Discretion given to CASA to assess whether a foreign insurer’s regulatory regime is 'similar or consistent' with the Insurance Act 1973 (section 8(1)(b)(ii)) — introduces administrative judgment and potential case‑by‑case inquiries.","Permitted insurer exclusions reference external standard clauses hosted by the International Underwriting Association (AVN 38A, 38B, 46B, 48B) rather than reproducing text (section 9(3)), creating dependence on external documents for interpretation.","Differentiated notice and audit timeframes (14 days general; 3 days in specified circumstances) and strict filing timelines for insurers (3 business days or specified alternatives) with legal effects for non‑compliance (sections 10, 12, 13).","Complex compliance consequence: failure by insurers to notify can result in a contract remaining in force despite contractual terms, with multiple alternative triggers ending that continuation (section 13).","Transitional and savings rules that preserve certain 1991 regulations for pre‑existing contracts while applying new rules to contracts from 1 October 2019 (sections 14–16, Schedule 1) — creates bifurcated compliance regimes.","Defined technical terms and multiple interaction points (acceptable contract of insurance, terminating event, notified aircraft) requiring careful operational definitions across carriers, insurers and CASA (sections 5, 9(6), 12(6))."],"plain_english_summary":"This regulation replaces the 1991 carriers’ liability rules and sets specific limits and rules for airline liability and insurance. It prescribes passenger and baggage monetary caps, requires insurers to be authorised in Australia (or subject to foreign rules CASA deems equivalent), permits specified insurer exclusions, and fixes notice, evidence and audit timeframes. It affects airlines (who must hold acceptable insurance), insurers (who must meet authorisation and notification rules) and CASA (which decides equivalence and enforces notices). Compliance changes behaviour by shifting administrative and disclosure duties onto insurers and carriers."}},"importantCases":[],"_links":{"self":"/api/acts/civil-aviation-carriers-liability-regulations-2019","history":"/api/acts/civil-aviation-carriers-liability-regulations-2019/history","analysis":"/api/acts/civil-aviation-carriers-liability-regulations-2019/analysis","conflicts":"/api/acts/civil-aviation-carriers-liability-regulations-2019/conflicts","importantCases":"/api/acts/civil-aviation-carriers-liability-regulations-2019/important-cases","documents":"/api/acts/civil-aviation-carriers-liability-regulations-2019/documents"}}