9Liability under this Part to be in substitution for certain other liabilities

9 Liability under this Part to be in substitution for certain other liabilities

(1) Subject to the provisions of section 37 of the Civil Aviation (Carriers’ Liability) Act 1959, in its application by virtue of this Part, the liability of the Commonwealth or a Commonwealth authority under this Part in respect of the death of a passenger, or personal injury to a passenger that has not resulted in his or her death, is in substitution for any other civil liability of the Commonwealth or the Commonwealth authority in respect of that death or injury other than: (a) a liability under Part IA, Part II or Part III of the Civil Aviation (Carriers’ Liability) Act 1959; or (b) a liability arising otherwise than by reason of the operation of the aircraft by the Commonwealth or the Commonwealth authority. (2) Notwithstanding anything contained in Part IA, Part II or Part III of the Civil Aviation (Carriers’ Liability) Act 1959, but without prejudice to the operation of section 10, any liability of the Commonwealth or a Commonwealth authority under this Part is not excluded by reason of the existence of any liability of the Commonwealth or of that Commonwealth authority under any of those Parts.