5Application of provisions of Parts IV and IVA of the Commonwealth Act

5 Application of provisions of Parts IV and IVA of the Commonwealth Act

5 Application of provisions of Parts IV and IVA of the Commonwealth Act

The provisions of Parts IV and IVA of the Commonwealth Act (other than sections 27, 40, 41 and 41J (8)) and, subject to section 7 of this Act, the provisions of the Commonwealth Regulations apply to and in relation to carriage to which this Act applies and matters connected with the carriage, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated:

(a) general references to Parts IV and IVA of the Commonwealth Act were references to this Act,

(b) a reference in one of those provisions to another of those provisions were a reference to that other provision as applying by virtue of this Act,

(c) the reference in subsection (5) of section 29 of the Commonwealth Act to carriage referred to in subsection (4) of section 27 of that Act were a reference to the carriage of a passenger where:

(i) the carriage of the passenger between two places was to be performed by two or more carriers in successive stages,

(ii) the carriage has been regarded by the parties as a single operation, whether it has been agreed upon by a single contract or by two or more contracts, and

(iii) this Act would have applied to that carriage if it had been performed by a single carrier under a single contract, and

(d) the references in the Commonwealth Act to the regulations relating to certain matters were references to the provisions of the Commonwealth Regulations relating to those matters as applying by virtue of this Act.

s 5: Am 1996 No 70, Sch 1 (6)–(8).