{"id":"tas:act-1963-007","name":"Damage By Aircraft Act 1963","slug":"damage-by-aircraft-act-1963","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"7 of 1963","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110400,"registerId":"tas-act-1963-007-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 [Damage by Aircraft Act 1963](/view/html/inforce/2026-04-12/act-1963-007) .\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> In this Act, unless the contrary intention appears –\n> \n> > ***Air Navigation Regulations*** means the Air Navigation Regulations made and as in force from time to time under the [Commonwealth Act](/view/html/inforce/2026-04-12/act-9999-999#) , and includes such of the provisions of those Regulations as apply to and in relation to air navigation within this State by virtue of the [Air Navigation Act 1937](/view/html/inforce/2026-04-12/act-1937-014) ;\n> \n> > ***article*** includes mail and postal articles;\n> \n> > ***Commonwealth Act*** means the [Air Navigation Act 1920](/view/html/inforce/2026-04-12/act-9999-999) of the Commonwealth and includes that Act as amended from time to time and any Commonwealth Act passed in substitution for that Act;\n> \n> > ***loss or damage***, used in relation to persons, includes loss of life and personal injury.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Limitation of liability in respect of trespass, &c. by flying over property","content":"### 3 Limitation of liability in respect of trespass, &c. by flying over property\n\n> No action lies in respect of trespass, or in respect of nuisance, by reason only of –\n> \n> > > (a) the flight of an aircraft over any property at a height above the ground that, having regard to the wind, the weather, and all the circumstances, is reasonable; or\n> > \n> > > (b) the ordinary incidents of such a flight –\n> \n> so long as the Air Navigation Regulations are complied with.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Liability for damage by aircraft or articles, &c., falling therefrom","content":"### 4 Liability for damage by aircraft or articles, &c., falling therefrom\n\n> > (1)  Where material loss or damage is caused to any person or property on land or water by, or by a person in, or by an article, animal, or person falling from, an aircraft while the aircraft is in flight, or is taking off, or is landing then, unless the loss or damage was caused or contributed to by the negligence of the person by whom it was suffered, damages in respect of the loss or damage are recoverable from the owner of the aircraft without proof of negligence, or intention, or other cause of action as if the loss or damage had been caused by the wilful act, neglect, or default of the owner.\n> \n> > (2)  Notwithstanding anything in [subsection (1)](#GS4@Gs1@EN) where material loss or damage is caused as mentioned in that subsection in circumstances in which –\n> > \n> > > > (a) damages in respect of that loss or damage are recoverable from the owner by virtue only of the provisions of that subsection; and\n> > > \n> > > > (b) a legal liability is created in some person other than the owner to pay damages in respect of that loss or damage –\n> > \n> > the owner is entitled to be indemnified by that other person against any claim in respect of that loss or damage.\n> \n> > (3)  Where an aircraft has been demised, chartered, let, or hired out for a period exceeding 14 days to any other person by the owner thereof and no pilot, commander, navigator, or operative member of the crew of the aircraft is in the employment of the owner, this section has effect as if for references to the owner there were substituted references to the person to whom the aircraft has been so demised, chartered, let, or hired out.","sortOrder":3}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing liability rules for aircraft-related damage and protecting reasonable overflight from trespass claims. There is no evidence of scope creep or expansion beyond these core objectives."},"complexity_factors":["Only 4 defined terms in the interpretation section","Single main operative section (section 4) with three subsections","No cross-references to other Acts beyond the basic definition of 'Commonwealth Act' and 'Air Navigation Regulations'","Straightforward conditional logic: strict liability applies unless victim was negligent (subsection 1), with a simple indemnity mechanism (subsection 2) and a discrete deeming provision for long-term leases (subsection 3)","No nested exceptions or complex temporal provisions","Legislation is extremely short (approximately 400 words)"],"plain_english_summary":"This law sets the rules for when aircraft owners must pay compensation for damage caused by their planes, and when they don't have to.\n\n**What it does:**\n\n*   **Protects aircraft from 'trespass' claims:** If a plane flies over your property at a reasonable height (considering weather and conditions) and follows aviation regulations, you cannot sue the owner for trespass or nuisance just because they flew over your land.\n\n*   **Makes owners strictly liable for falling objects or crashes:** If an aircraft (or anything falling from it, or anyone in it) causes damage to people or property on the ground during flight, take-off, or landing, the owner must pay compensation **even if they did nothing wrong**. This is called 'strict liability' — the victim doesn't need to prove the owner was negligent or careless.\n\n*   **Exception for the victim's own negligence:** If the person who suffered the damage caused it themselves through their own negligence, they can't claim compensation.\n\n*   **Right of indemnity:** If someone else (like a pilot or operator) is legally responsible for the damage, the aircraft owner can claim the money back from that person after paying the victim.\n\n*   **Long-term leases:** If an aircraft is leased or hired out for more than 14 days and the owner doesn't employ any crew, the lessee (the person renting the plane) becomes the 'owner' for the purposes of this law — meaning they bear the liability instead of the actual owner.\n\n**Who it affects:**\n\n*   Aircraft owners and operators\n*   People leasing or hiring aircraft\n*   Anyone who suffers property damage or personal injury from aircraft operations\n*   Property owners near flight paths\n\n**Why it matters:**\n\nThis law strikes a balance between encouraging aviation (by protecting against trivial trespass claims) and protecting the public (by ensuring victims of aircraft accidents are compensated without having to prove complex negligence claims). It reflects the international consensus that aviation risks should fall on those who profit from flying, not innocent bystanders on the ground."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The provided text itself sets out limits on trespass/nuisance claims and imposes owner strict liability for aircraft‑related damage, with indemnity and lease‑substitution rules. There is no indication in the text of any change from that stated operation; this assessment does not consider external amendments or historical legislative intent not included here."},"complexity_factors":["Cross‑references to external Commonwealth instruments (Air Navigation Regulations; Commonwealth Act) require consulting other laws to determine full effect (s2, s3).","Fact‑specific standard for lawful overflight—'reasonable height' judged by wind, weather and all circumstances—creates case‑by‑case judicial assessment (s3).","Creates statutory strict liability for owners for material loss/damage from aircraft or falling articles without proof of negligence, intention or other cause of action (s4(1)).","Provides an indemnity mechanism allowing owners to recover from another legally liable person when that other person bears legal liability (s4(2)).","Alters who counts as the 'owner' for liability when an aircraft is demised/chartered/let/hired for over 14 days, shifting liability to the lessee (s4(3)).","Definition of 'loss or damage' expressly includes loss of life and personal injury, widening recoverable harms (s2).","Commencement is by proclamation, so operative date depends on a later executive act (s1(2))."],"plain_english_summary":"This Act stops people suing for trespass or nuisance just because an aircraft flies over at a reasonable height, provided Air Navigation Regulations are followed. It also makes aircraft owners strictly liable (no need to prove negligence) for material loss or injury caused by the aircraft or things/people falling from it during flight, take‑off or landing, though victims who contributed to their loss may be excluded. Owners can seek indemnity from any other person who is legally liable, and long leases (over 14 days) transfer owner liability to the lessee."},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have maintained its original narrow scope — addressing liability for damage caused by aircraft to third parties on the ground. No significant expansion or contraction of scope is evident from the version history, which shows minimal amendments since 1997."},"complexity_factors":["Strict liability concept may be unfamiliar to laypeople but is legally straightforward","Interaction between state and Commonwealth aviation law adds a layer of complexity","The legislation is old (1963) and has had minimal amendments, suggesting limited complexity in its provisions","Limited text was available for analysis, restricting full assessment of technical provisions"],"plain_english_summary":"The Damage By Aircraft Act 1963 (Tas.) makes aircraft owners and operators strictly liable for damage or injury on the ground caused by their aircraft — you need not prove negligence to claim compensation. It therefore helps property owners, residents and insurers recover losses and exposes pilots, airlines and charterers to claims. Its practical reach may be limited today by Commonwealth aviation law and the Act’s sparse updates since 1997."}},"importantCases":[],"_links":{"self":"/api/acts/damage-by-aircraft-act-1963","history":"/api/acts/damage-by-aircraft-act-1963/history","analysis":"/api/acts/damage-by-aircraft-act-1963/analysis","conflicts":"/api/acts/damage-by-aircraft-act-1963/conflicts","importantCases":"/api/acts/damage-by-aircraft-act-1963/important-cases","documents":"/api/acts/damage-by-aircraft-act-1963/documents"}}