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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 27

Application of Part

             (1)  This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:

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

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

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

                     (d)  between a place in Australia and a place outside Australia;

not being carriage to which the 1999 Montreal Convention, the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.

             (3)  For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.

             (4)  For the purposes of this section, where:

                     (a)  the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;

                     (b)  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

                     (c)  this Part would apply to that carriage if it were to be performed by a single carrier under a single contract;

this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.



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