Civil Aviation (Carriers' Liability) Act 1963

Applied provisions. This is the central mechanism of the Act. An applied provision is a provision of the Commonwealth Act that is picked up and given force as a law of this State (section 2 definition, and section 5). Parts IV and IVA of the Commonwealth Act, excluding sections 27, 40 and 41, are the substantive provisions applied. Section 27 of the Commonwealth Act is the definition section for Part IV, so its exclusion is significant: the Act's own section 4 supplies the definition of carriage to which the Act applies, and sections 5 and 26 of the Commonwealth Act are applied by section 2(2) to interpret section 4 of this Act in the same way they interpret section 27 of the Commonwealth Act.

Commonwealth/State scheme. Defined in section 2 as meaning both the Commonwealth Act itself and the provisions of that Act as applied by this Act and corresponding legislation of other States. This definition underpins section 5A, which expresses the parliamentary intention that the whole scheme be administered and enforced uniformly. The phrase reflects the cooperative federalism model used to cover interstate and intrastate air carriage liability under a single legal framework.

Intrastate commercial carriage. The Act applies only where the passenger is carried or is to be carried in an aircraft operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, under a contract for carriage between a place in this State and another place in this State, or from a place in this State back to the last mentioned place (section 4). This excludes private pleasure flights, non commercial operations, and interstate or international carriage already covered by the Commonwealth Act or the Warsaw regime.

Successive carriage. Under section 5(c), where carriage between two places is performed by two or more carriers in successive stages and the parties regard the carriage as a single operation (whether under one contract or multiple contracts), and the Act would have applied if a single carrier performed the carriage, then the applied provisions operate as if the carriage were a single contract. This prevents the liability regime from being fragmented across separate carriers to defeat passenger claims.

Stowaway. Section 6 applies section 42 of the Commonwealth Act to a person who, within the State, travels in an aircraft without the carrier's consent. That provision is incorporated as if the references to Parts of the Commonwealth Act were references to this Act. A stowaway is therefore not a passenger for the purposes of the liability regime and likely attracts specific consequences.

Commonwealth authority enforcement. Section 5A(2)(a) provides that Commonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations. This includes powers to investigate offences, gather evidence, and prosecute. Section 5A(2)(b) applies Commonwealth laws including the Acts Interpretation Act 1901, Crimes Act 1914, Director of Public Prosecutions Act 1983, and Evidence Act 1995 to offences against the applied provisions. The effect is that an offence under the applied provisions is treated procedurally as if it were a Commonwealth offence, not a state offence.

Injunction power. Section 5A(6) allows the Minister to apply to a court for an injunction restraining a carrier from engaging in prohibited carriage. The reference in section 41J of the Commonwealth Act to a Commonwealth authority is taken to include a reference to the Minister for this purpose.

Air carriers. The primary duty bearers are carriers who hold an airline licence or a charter licence and who operate aircraft in the course of commercial transport operations within Tasmania. They are the entities against whom the liability provisions in Parts IV and IVA of the Commonwealth Act operate. They must comply with the liability limits, notice requirements, time limits, and other obligations imposed by the applied provisions. Failure to do so exposes them to civil claims and potentially to offences and enforcement action under the scheme.

Passengers. The Act benefits passengers on intrastate commercial flights within Tasmania. They or their estates obtain rights to sue for death or personal injury under the applied Commonwealth provisions. Those rights supplant common law tort claims that might otherwise be available. Passengers are subject to time limits and may face limits on the quantum of recovery, depending on the circumstances and the applicable provisions of Parts IV and IVA of the Commonwealth Act. Passengers who travel without the carrier's consent are not protected by the passenger liability regime and are dealt with under the stowaway provision.

Estates and dependants of deceased passengers. Where a passenger dies as a result of an accident during intrastate carriage, the passenger's estate and certain dependants acquire rights of action under the applied provisions. The Act does not itself specify the heads of damage, as those come from the incorporated Commonwealth provisions.

Commonwealth authorities. Section 5A explicitly confers enforcement powers on Commonwealth authorities, including the Director of Public Prosecutions and other agencies. They are empowered but not obliged to enforce the applied provisions (section 5A(5)(b)). They are the lead enforcement bodies by parliamentary design.

The State Minister. The Minister has specific powers and duties. Under section 7, the Minister must table copies of Commonwealth Regulations in each House of Parliament within ten sitting days after notification in the Commonwealth Gazette. Under section 5A(6), the Minister may apply to a court for an injunction restraining prohibited carriage. Under section 8, the Minister must ensure a review of the Act within ten years of the 1996 amendment.

Other State authorities. Section 5A(5)(a) preserves the powers of State authorities to enforce the applied provisions. So the State retains concurrent enforcement capability, though the scheme contemplates primary enforcement by Commonwealth authorities.

Carriers' insurers. Although not mentioned in the Act text, the liability regime inevitably affects carriers' insurers, who underwrite the risk of claims under the applied provisions. The limits of liability and the exclusive remedy nature of the regime directly shape underwriting decisions and premium costs.

Third parties. Persons other than passengers who might have claims at common law are affected because the Act substitutes a statutory liability regime that may exclude or limit other claims.

The Act itself does not set out the specific duties and rights of carriers and passengers in detail; those are found in the applied provisions of Parts IV and IVA of the Commonwealth Act. However, the Act establishes the framework within which those duties and rights operate.

Carrier's liability. Parts IV and IVA of the Commonwealth Act, as applied, impose liability on the carrier for death or personal injury suffered by a passenger. The liability is typically a form of strict liability up to a certain monetary limit, with the carrier able to avoid unlimited liability if it proves it took all necessary measures to avoid the damage or that it was impossible to take such measures. The Act does not specify the current limit amounts; those are in the Commonwealth Act and Regulations.

Passenger's right to sue. The passenger has a statutory right of action against the carrier. This right is exclusive: the applied provisions substitute the statutory cause of action for any other claim in respect of the death or injury that might arise at common law, under tort, or under contract. The Act therefore removes the passenger's right to sue for negligence at common law and replaces it with the statutory regime.

Limitation on liability. The carrier can rely on a cap on damages per passenger, unless the passenger proves that the damage resulted from an act or omission of the carrier done with intent to cause damage or recklessly and with knowledge that damage would probably result. In the latter case, the cap does not apply and the carrier faces unlimited liability.

Time limits. The applied provisions almost certainly impose a time limit within which an action must be brought, typically two years from the date of arrival at destination or from the date when the aircraft ought to have arrived, or from the date the carriage stopped. If the passenger or estate fails to sue within that period, the right of action is extinguished.

Notice of claim. The applied provisions may require written notice of a claim to be given to the carrier within a specified period after the occurrence of the damage, as a condition precedent to suit.

Exclusive remedy. The applied provisions are intended to be the exclusive basis for liability. The Act does not say this in terms, but Parts IV and IVA of the Commonwealth Act contain provisions to that effect. The effect is that the passenger cannot bring a concurrent tort claim for higher damages.

Right of succession for multiple carriers. Section 5(c) makes clear that where carriage is performed by successive carriers and the parties regard the carriage as a single operation, the liability regime applies as if a single carrier performed the whole carriage. This gives the passenger a single claim against the carrier that performed the stage during which the injury occurred, or possibly against the first or last carrier, depending on the applied provision.

Stowaway rights. The stowaway provision applied by section 6 likely excludes any right to compensation for injury or death during carriage without consent. The stowaway is not a passenger under the regime.

Injunction rights of the Minister. Section 5A(6) gives the Minister a right to seek an injunction to restrain a carrier from engaging in prohibited carriage. This is a public enforcement right, not a private right.

The Act creates an enforcement architecture that treats offences against the applied provisions as if they were Commonwealth offences. Section 5A(2)(b) states that the laws of the Commonwealth apply to offences against the applied provisions as if they were offences against the Commonwealth Act or the Commonwealth Regulations and not offences against the laws of this State. This is a deliberate suppression of state criminal procedure in favour of uniform Commonwealth process.

Applicable Commonwealth laws. Section 5A(4) specifies that the Commonwealth laws applying to such offences include the Acts Interpretation Act 1901, the Crimes Act 1914, the Director of Public Prosecutions Act 1983, and the Evidence Act 1995, each as amended. The Crimes Act 1914 provides the general criminal procedure for Commonwealth offences, including penalties, arrest powers, bail provisions, and the standard penalty unit amounts. The Director of Public Prosecutions Act 1983 gives the Commonwealth DPP authority to prosecute.

Powers of Commonwealth authorities. Section 5A(2)(a) provides that Commonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations. This includes powers of investigation, entry, search, seizure, and arrest that are available under the Commonwealth Act and associated Commonwealth laws. Section 5A(5)(b) makes clear that no duty is imposed on Commonwealth authorities to enforce the applied provisions; they have a discretion.

State authorities retain powers. Section 5A(5)(a) provides that nothing in the Act derogates from the powers of State authorities to enforce the applied provisions. There is therefore concurrent enforcement jurisdiction, but the procedural framework for any prosecution will be Commonwealth law, not state law, by virtue of section 5A(2)(b). State authorities would need to use Commonwealth criminal procedure when prosecuting offences against the applied provisions.

Injunction power of the Minister. Section 5A(6) allows the Minister to apply to a court of competent jurisdiction for an injunction restraining a carrier from engaging in prohibited carriage. For this purpose, the reference in section 41J of the Commonwealth Act to a Commonwealth authority is taken to include a reference to the Minister. This gives the Minister a direct enforcement tool in the nature of a civil injunction, independent of any criminal prosecution.

Penalties under the applied provisions. The Act does not itself set penalty amounts for offences; those come from the Commonwealth Act and Commonwealth Regulations as incorporated. Typically, the Commonwealth Act creates offences for breaches of its requirements, with fines expressed in penalty units. The penalty unit amount is that set by the Crimes Act 1914 (currently $222 per unit for individuals, higher for bodies corporate). The Act does not create new offences of its own beyond the applied provisions.

Commencement. The Act commences on a date fixed by proclamation (section 1(2)). The Acts Interpretation Act 1931 (Tas) and its Commonwealth counterpart would govern the timing.

Review requirement. Section 8 requires the Minister to ensure a review of the Act within ten years of the 1996 amendment. This is a statutory direction to the executive, not an enforcement mechanism. It does not create a private right to compel a review.

Commonwealth Act. This is the foundational interaction. The Act is expressly defined to be the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth as amended (section 2). Parts IV and IVA of that Act, excluding sections 27, 40 and 41, are incorporated by reference and applied as state law. The Act mirrors the Commonwealth framework but is formally a separate state law, which matters for constitutional validity and for the application of the carriage exclusion in section 4 (carriage to which Part IV of the Commonwealth Act already applies is excluded).

Commonwealth Regulations. The regulations made under the Commonwealth Act for the purposes of Parts IV and IVA (other than section 41 regulations) also apply as state law by virtue of section 5, subject to any overriding state regulations made under section 7(3). Commonwealth Regulations are applied dynamically: section 2 defines Commonwealth Regulations as meaning the regulations from time to time in force under the Commonwealth Act. So when the Commonwealth amends its regulations, the amended version automatically applies in Tasmania without further state legislative action.

Warsaw Convention and Hague Protocol. Section 4 expressly excludes carriage to which the Warsaw Convention, or the Warsaw Convention as affected by the Hague Protocol, applies. This avoids overlap or conflict between the state regime and the international convention regime that applies to international carriage. The lines between the two regimes are drawn by the Commonwealth Act and the convention provisions.

Tasmanian Acts Interpretation Act 1931. Section 7(2) applies certain subsections of section 47 of the Tasmanian Acts Interpretation Act 1931 to regulations laid before each House under section 7(1). Those subsections deal with the power to disallow regulations. This means Commonwealth Regulations, once tabled in the Tasmanian Parliament, are potentially subject to disallowance by either House, despite being Commonwealth instruments. This is a notable state override mechanism.

Commonwealth Acts Interpretation Act 1901, Crimes Act 1914, DPP Act 1983, Evidence Act 1995. These are applied by section 5A(4) to offences against the applied provisions. They govern procedure, evidence, prosecution and penalty. They apply as if the offence were a Commonwealth offence.

Other states' corresponding Acts. The Act is part of a national cooperative scheme. Section 2 defines Commonwealth/State scheme to include the provisions of the Commonwealth Act as applied by this Act and the corresponding legislation of other States. Section 5A(1) expresses the intention that the scheme be administered and enforced in the same way as the Commonwealth Act. This requires uniform interpretation and enforcement across state borders, though each Act is formally separate.

State regulations override Commonwealth Regulations. Section 7(4) provides that if the Governor makes regulations under section 7(3), those regulations prevail over any inconsistent Commonwealth Regulations. Section 7(5) adjusts references in the Commonwealth Act to regulations to refer to the state regulations and to exclude any inconsistent Commonwealth regulations. This gives the state a power of variation, though it would be constitutionally and practically unusual to exercise it in a way that undermines uniformity.

Contract law and tort law. The applied provisions of Parts IV and IVA of the Commonwealth Act are likely to exclude or limit alternative remedies in contract or tort. The Act operates as a lex specialis for death and personal injury claims during intrastate air carriage. Common law claims in negligence or for breach of contract are displaced, at least in relation to matters covered by the applied provisions.

Original enactment (1963). The Act was passed as a state law to apply the Commonwealth regime to intrastate carriage. It commenced on a date to be fixed by proclamation (section 1(2)). The original Act contained the core sections 1 through 7, with section 4 applying to carriage by the holder of an airline licence or charter licence.

Amendment by No. 69 of 1971, section 2. Section 4 was amended in 1971. The note in the source text indicates that section 4 was amended by No. 69 of 1971, section 2. This amendment likely expanded or refined the definition of carriage to which the Act applies, possibly to align with changes in the Commonwealth Act or to capture charter operations as the industry developed. The exact text of the amendment is not reproduced in the source provided, but it is recorded as an amendment to the carriage provision.

Amendment by No. 36 of 1996, sections 4, 5 and 6. This amendment made several changes. Section 2(1) was amended to update definitions (the note records "section 2 subsection (1) amended by No. 36 of 1996, s. 4"). Section 5 was amended by No. 36 of 1996, section 5, which likely updated the list of applied provisions from the Commonwealth Act to reflect amendments to that Act, particularly the insertion of Part IVA. Section 8 was inserted by No. 36 of 1996, section 6, introducing the ten year review requirement. The Civil Aviation (Carriers' Liability) Amendment Act 1996 appears to have been a Commonwealth Act, but the state Act was amended to match.

Amendment by No. 3 of 2003, sections 4 and 5. This was a significant amendment, effective from 16 April 2003. Section 2(1) was amended by No. 3 of 2003, section 4, which inserted or amended the definitions of "applied provisions", "Commonwealth authority", "Commonwealth Regulations", "Commonwealth/State scheme", "State", and "State authority". The definitions of "Commonwealth authority" and "State authority" were added or clarified to enable section 5A. The definition of "Commonwealth/State scheme" was inserted to support the uniform administration objective. Section 5A was inserted by No. 3 of 2003, section 5, as a new provision setting out the administration and enforcement arrangements with Commonwealth authorities. This amendment appears designed to achieve full procedural and enforcement uniformity across the national scheme.

Review obligation (1996). The review required by section 8 was to occur within ten years of the commencement of the Civil Aviation (Carriers' Liability) Amendment Act 1996. That Act commenced at some point after 1996. Whether the review actually occurred is not ascertainable from the source text, which only records the statutory obligation. The Act remains in force as at 12 April 2026 (the date of the source text version), indicating that no repeal or sunset has taken effect.

The source text does not name any specific cases that have been litigated under this Act. The deep dive must therefore avoid referencing any case law except where the source itself names cases, and it does not. However, it is possible to describe the types of litigation that would arise under the Act and the interpretative issues that the Act's structure creates.

Interpretation of section 4. Litigation would likely centre on the scope of the carriage to which the Act applies. Disputes could arise over whether a particular flight was "between a place in this State and another place in this State" or "from a place in this State back to the last mentioned place", whether the aircraft was operated by the holder of an airline licence or a charter licence, and whether the operation was in the course of commercial transport operations. A flight that deviates due to weather or emergency could raise questions about whether the carriage remained within the definition. The exclusion for carriage to which Part IV of the Commonwealth Act applies or the Warsaw Convention applies could generate disputes about the dividing line between state and federal or international regimes.

Successive carriage disputes. Section 5(c) defines when successive carriage by multiple carriers is treated as a single operation for liability purposes. Litigation could arise over whether the parties "regarded" the carriage as a single operation, especially where separate contracts were signed and the passenger changed airlines but remained on the same itinerary.

Limits of liability. Cases under the applied provisions of Parts IV and IVA of the Commonwealth Act would test the application of liability limits, the conditions for breaking the limits (wilful misconduct or equivalent), and the standard of proof. The definition of "wilful misconduct" in the Commonwealth Act would be critical.

Time bar defences. The two year time limit in the Commonwealth Act provisions is a common source of litigation. The Act's incorporation of the Commonwealth provisions makes the time limit a matter of state law, but section 5A may affect which court has jurisdiction and which procedural law applies.

Stowaway cases. Section 6's application of the Commonwealth stowaway provision could generate litigation over whether a person was carried without consent, and what rights, if any, the person has.

Concurrent enforcement jurisdiction. The interaction between Commonwealth and State enforcement powers could produce litigation over the validity of prosecutions, the applicable procedures, and the potential for double jeopardy if both Commonwealth and State authorities purport to enforce the same applied provisions. However, section 5A(2)(b) explicitly states that offences are treated as offences against the Commonwealth Act, which should prevent dual characterisation.

Ministerial injunctions. The Minister's power under section 5A(6) to seek an injunction could be tested in litigation, including questions of what constitutes "prohibited carriage" and whether the Minister must meet the usual equitable requirements for injunctive relief.

Review obligation. A failure to conduct the review required by section 8 could theoretically be the subject of judicial review proceedings, though the provision is directory and likely unenforceable by a private litigant.

Limited liability traps the unwary. A passenger who assumes they can recover full common law damages for injury on a Tasmanian intrastate flight is wrong. The applied provisions cap the carrier's liability at a specified amount per passenger, unless the passenger can prove wilful misconduct by the carrier. The cap is likely modest relative to serious injury or death. Passengers and their advisers must know the current limit and plan accordingly.

Exclusive remedy bars other claims. The applied provisions replace all other remedies. A passenger cannot sue the carrier in negligence for higher damages, nor in contract for breach of a warranty of safe carriage. The statutory regime is the sole route to recovery.

Time limits are strict and short. The Commonwealth Act provisions almost certainly impose a two year limitation period from the date of arrival, the date the aircraft ought to have arrived, or the date the carriage stopped. This is shorter than typical personal injury limitation periods in state law. Missing the deadline extinguishes the right entirely; it is not a mere bar to remedy.

Notice requirements can be traps. The applied provisions may require written notice of claim to the carrier within a short period, possibly fourteen days, as a condition of the right to sue. Failure to comply might forfeit the claim, even if the passenger later files within the limitation period.

Successive carriage complexities. Where two carriers are involved, section 5(c) treats the carriage as a single operation for liability purposes, but the passenger must still identify which carrier to sue. The choice of carrier, and whether the passenger can recover from only the carrier causing the injury or from any carrier in the chain, depends on the applied provision. Getting the defendant wrong can waste time and costs.

Stowaways get no protection. A person who boards an aircraft in Tasmania without the carrier's consent, even if injured, has no claim under the Act. Section 6 applies the Commonwealth stowaway provision, which likely excludes any right to compensation. This is strict: consent means actual carrier consent, not an honest belief by the traveller.

Commonwealth enforcement procedure may surprise state lawyers. Section 5A(2)(b) provides that offences against the applied provisions are prosecuted under Commonwealth criminal procedure. State lawyers accustomed to state procedure must adjust to the Crimes Act 1914 penalty unit regime, Commonwealth DPP involvement, and Commonwealth evidence rules. The court hearing the matter will apply Commonwealth procedural law.

State regulations can override Commonwealth Regulations. Section 7(4) allows the Governor to make state regulations that displace inconsistent Commonwealth Regulations. This creates a risk of regulatory divergence between Tasmania and other states or between Tasmania and the Commonwealth regime. A carrier operating nationally could face different rules in Tasmania if the Governor exercises this power.

Liability limits may be outdated without notice. The Commonwealth Act's liability limits are set by regulation and may change over time. The Act incorporates the Commonwealth Regulations from time to time in force, so the limits change automatically. A carrier relying on old limits could inadvertently assume a higher exposure than it expects.

No review completed on time. Section 8 required a review within ten years of the 1996 amendment. If that review did not occur, the Act may not have been assessed for adequacy, modernisation or repeal. The Act remains on foot, but its continued appropriateness is untested.

The Act binds the Crown. Section 3 states that the Act binds the Crown. This means the Crown is subject to the liability regime when operating as a carrier, which is relevant for government owned or chartered aircraft.

Identify whether the carriage falls within the Act. The first step for a carrier is to determine whether a particular passenger carriage falls within section 4. The carriage must be by the holder of an airline licence or a charter licence, in the course of commercial transport operations, under a contract for carriage between places in Tasmania, or from a place in Tasmania back to that same place. Carriage that is interstate or international, or that is covered by Part IV of the Commonwealth Act or the Warsaw Convention or Hague Protocol, is excluded. Carriers should assess each route and flight type against these criteria.

Apply the correct liability regime. If the Act applies, the carrier must comply with Parts IV and IVA of the Commonwealth Act as incorporated, and with the Commonwealth Regulations. This includes accepting strict liability for death and personal injury up to the applicable limit, handling claims within the time bar, and ensuring that any contract terms or conditions of carriage do not attempt to exclude or limit liability below the statutory floor. The carrier must be aware of the current limit amounts set by Commonwealth Regulations.

Maintain records of carriage contracts. Section 5(c) requires the carrier to know whether multiple carriers are involved in a single operation regarded by the parties as one journey. Carriers should maintain clear records of ticketing, interline agreements, and contracts with other carriers to determine which carrier is liable and which procedures apply.

Observe time limits and notice requirements. The carrier must respond to claims within time and ensure its own staff and agents are trained to recognise claims early. If the applied provision requires written notice within a specified period, the carrier should record the date of receipt and preserve the notice. The carrier should not waive time limits inadvertently.

Handle stowaways in accordance with section 6. Section 6 applies the Commonwealth stowaway provision to persons who travel without consent in Tasmania. Carriers should have procedures to identify and remove stowaways, and must understand that such persons have no claim under the Act. Carriers should also have policies on when to grant or withhold consent.

Liaise with Commonwealth authorities. Section 5A envisages that Commonwealth authorities will enforce the applied provisions. Carriers should cooperate with investigations and prosecutions by the Commonwealth DPP, the Civil Aviation Safety Authority, or other agencies. Carriers should be familiar with Commonwealth criminal procedure, as any offence will be prosecuted under the Crimes Act 1914.

Monitor Commonwealth regulations. The Act incorporates Commonwealth Regulations dynamically. Carriers must track amendments to those regulations, including changes to liability limits, procedural requirements, and definitions. A failure to monitor could lead to non compliance.

Be aware of potential state regulations. Section 7(3) allows the Governor to make regulations for carrying out the Commonwealth Act. Section 7(4) permits those state regulations to override the Commonwealth Regulations. Carriers must watch for Tasmanian regulations in the Gazette and check whether any inconsistency exists with the Commonwealth Regulations. If state regulations are made, they prevail.

Maintain insurance. Although the Act does not require insurance, the liability exposure under the applied provisions makes insurance prudent. The carrier should ensure its policy covers the statutory liability, including the risk of unlimited liability if wilful misconduct is proven. The policy should also cover defence costs for Commonwealth prosecutions.

Review contracts of carriage. The passenger contract should incorporate the statutory regime and avoid any attempt to exclude or reduce the carrier's liability below the limits set by the Act. The contract should clearly state that carriage is subject to the Act and the applied Commonwealth provisions.

Review obligations under the Act itself. The Act is short, but carriers should have a copy of it and the applied Commonwealth provisions available for reference. The definitions in section 2, the carriage scope in section 4, the incorporation mechanism in section 5, the enforcement regime in section 5A, and the stowaway provision in section 6 are all directly relevant. Compliance requires understanding how the Act and the applied provisions work together, not just reading the Commonwealth Act alone.