11Application of Part

11 Application of Part

(1) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger being: (a) a person who is: (i) an employee within the meaning of the Commonwealth Employees’ Rehabilitation and Compensation Act 1988 or a person to whom that Act applies as if he or she were such an employee; or (ii) a seaman to whom the Seamen’s Compensation Act 1911 applies, being a seaman employed by the Commonwealth or a Commonwealth authority; and is travelling in the course of his or her employment by the Commonwealth or a Commonwealth authority; (b) a person the cost of whose carriage has been, or is to be, borne by the Commonwealth or a Commonwealth authority; or (c) a person travelling by air for the purposes of the Commonwealth or of a Commonwealth authority in pursuance of arrangements made or authority given by the Commonwealth or the Commonwealth authority. (2) This Part does not apply to carriage to which Part IV of the Civil Aviation (Carriers’ Liability) Act 1959 applies or to which any provisions of a State Act for the time being declared by the Minister by notice in the Gazette to correspond with the provisions of that Part apply. (3) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Veterans’ Entitlements Act 1986 (other than Part IV). (3A) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger, being a person to whom paragraph (1)(a), (b) or (c) would apply if the references in those paragraphs to the Commonwealth were references to the Australian Capital Territory and the references in those paragraphs to a Commonwealth authority were omitted. (3B) For the purposes of the application of this Part in accordance with subsection (3A), the succeeding provisions of this Part have effect as if references in those provisions to the Commonwealth (other than references to a Commonwealth authority, or references to the Commonwealth in the expression whether in the Commonwealth or elsewhere) were references to the Australian Capital Territory. (4) Subject to this section, this Part applies to the carriage in an aircraft operated by a person other than the Commonwealth or a Commonwealth authority of a passenger, being a person to whom paragraph (1)(a), (b) or (c) would apply if the references in those paragraphs to the Commonwealth were references to the Northern Territory and the references in those paragraphs to a Commonwealth authority were omitted. (6) For the purposes of the application of this Part in accordance with subsection (4), the succeeding provisions of this Part have effect as if references in those provisions to the Commonwealth (other than references to a Commonwealth authority, or references to the Commonwealth in the expression whether in the Commonwealth or elsewhere) were references to the Northern Territory.