8Limitation of amount recoverable under this Part

8 Limitation of amount recoverable under this Part

(1) The maximum liability of the Commonwealth or a Commonwealth authority under this Part in respect of any one person, by reason of his or her death or injury resulting from an accident, is: (a) the amount applicable under subsection 31(1AA) of the Civil Aviation (Carriers’ Liability) Act 1959, unless paragraph (b) applies; or (b) if, at the date of the accident, a regulation was in force under the Civil Aviation (Carriers’ Liability) Act 1959 prescribing an amount for the purposes of paragraph 31(1)(b) of that Act and that amount is higher than the amount applicable under subsection 31(1AA) of that Act—the amount so prescribed. (2) The amount of any damages recoverable but for this subsection by a person from the Commonwealth or a Commonwealth authority by virtue of this Part in respect of a death or injury shall be reduced by any amount received or receivable by that person in consequence of the death or injury by reason of: (a) insurance effected for the benefit of the deceased or injured person or his or her estate by the Commonwealth or the Commonwealth authority; or (b) insurance effected by the deceased or injured person that is referable to an allowance granted by the Commonwealth or the Commonwealth authority for the purpose of enabling him or her to effect such insurance.