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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 26

Interpretation

  (1)   In this Part, unless the contrary intention appears:

"airline licence" means:

  (a)   an international airline licence in force under the Air Navigation Regulations; or

  (b)   an Air Operator's Certificate in force under the Civil Aviation Act 1988 authorising airline operations ; or

  (c)   a New Zealand AOC with ANZA privileges (as defined in section   3 of the Civil Aviation Act 1988 ) authorising airline operations.

"baggage" , in relation to a passenger, means:

  (a)   registered baggage; or

  (b)   baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.

"charter licence" means:

  (a)   a charter licence in force under the Air Navigation Regulations; or

  (b)   an Air Operator's Certificate in force under the Civil Aviation Act 1988 authorising charter operations ; or

  (c)   a New Zealand AOC with ANZA privileges (as defined in section   3 of the Civil Aviation Act 1988 ) authorising charter operations.

"commercial transport operations" means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.

"contract" includes an arrangement made without consideration.

"domestic carrier" means a carrier operating a flight for the carriage of passengers:

  (a)   between a place in a State and a place in another State; or

  (b)   between a place in a Territory and a place in Australia outside that Territory; or

  (c)   between a place in a Territory and another place in that Territory;

other than carriage to which Part   IA, II or III applies.

"registered baggage" , in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.

"the Air Navigation Regulations" means the Air Navigation Regulations in force under the Air Navigation Act 1920 , and includes those Regulations as in force by virtue of a law of a State.

  (1A)   If an Air Operator's Certificate in force under the Civil Aviation Act 1988 does not authorise airline operations only because the holder of the certificate does not comply with section   41E of this Act in relation to the operations, this Part has effect as if the certificate did authorise the operations.

  (2)   For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.


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