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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 31

Limitation of liability

             (1)  Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:

                     (a)  where neither paragraph (b) nor paragraph (c) applies--$725,000;

                     (b)  where, at the date of the accident, a regulation was in force prescribing an amount higher than $725,000 for the purposes of this subsection but paragraph (c) does not apply--the amount prescribed by that regulation; 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 an amount that exceeds $725,000--the amount so specified; or

                     (d)  if, at the date of the accident, a regulation prescribing an amount was in force as mentioned in paragraph (b) but the contract of carriage under which the passenger was carried specified an amount that exceeds that amount as the limit of the carrier's liability--the amount so specified.

          (1A)  Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, 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)  Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:

                     (a)  where neither paragraph (b) nor paragraph (c) applies--$900;

                     (b)  where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount higher than $900 for the purposes of this subsection but paragraph (c) does not apply--the amount prescribed by that regulation; or

                     (c)  where an amount that exceeds:

                              (i)  if, at the date of the occurrence referred to in paragraph (b), no regulation was in force as mentioned in that paragraph--$900; or

                             (ii)  if, at the date of the occurrence referred to in paragraph (b), a regulation prescribing an amount was in force as mentioned in that paragraph--the amount prescribed by the regulation;

                            is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier's liability--the amount so specified.

             (3)  The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:

                     (a)  where neither paragraph (b) nor paragraph (c) applies--$90;

                     (b)  where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount higher than $90 for the purposes of this subsection but paragraph (c) does not apply--the amount prescribed by that regulation; or

                     (c) where an amount that exceeds:

                              (i)  if, at the date of the occurrence referred to in paragraph (b), no regulation was in force as mentioned in that paragraph--$90; or

                             (ii)  if, at the date of the occurrence referred to in paragraph (b), a regulation prescribing an amount was in force as mentioned in that paragraph--the amount prescribed by that regulation;

                            is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier's liability--the amount so specified.



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