31Limitation of liability

#### 31 Limitation of liability (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to: (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; or (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as an amount that exceeds the amount so prescribed—the amount so specified. (1AA) The amount applicable under this subsection is: (a) $925,000, unless paragraph (b) applies; or (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations. (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to: (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) and paragraph (c) does not apply—the number of SDRs so prescribed; or (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier’s liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified. (1B) The number of SDRs applicable under this subsection is: (a) 480,000, unless paragraph (b) applies; or (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations. (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to: (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or (c) where an amount that exceeds: (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation; is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified. (2A) The amount applicable under this subsection is: (a) $3,000, unless paragraph (b) applies; or (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations. (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to: (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4) and paragraph (c) does not apply—the amount prescribed by that regulation; or (c) where an amount that exceeds: (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (4); or (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (4)—the amount prescribed by that regulation; is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified. (4) The amount applicable under this subsection is: (a) $300, unless paragraph (b) applies; or (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.