Commonwealth Consolidated Acts

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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 15

Proceeds of insurance policies etc.

                   In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:

                     (a)  a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance; or

                     (b)  a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or

                     (c)  any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person; or

                     (d)  in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger's death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling; or

                     (e)  in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he or she had lived after the time at which he or she died.



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