Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 11A

Limitation of liability for Australian international carriers

             (1)  Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to:

                     (a)  if neither paragraph (b) nor (c) applies--260,000 SDRs; or

                     (b)  if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section 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 260,000--the number of SDRs so specified; or

                     (d)  if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 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 so prescribed--the number of SDRs so specified.

             (2)  In this section:

"Australian international carrier" means:

                     (a)  a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or

                     (b)  a carrier operating a non-scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.

"bilateral arrangement" has the same meaning as in section 11A of the Air Navigation Act 1920 .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback