Commonwealth Consolidated Acts

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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 42

Stowaways

  (1)   Where a person travels in an aircraft without the consent of the carrier and Part   IA, Part   II, Part   III, Part   IIIC or Part   IV would apply in relation to the carriage of that person if he or she were a passenger carried under a contract for his or her carriage for reward between the place where he or she boarded the aircraft and his or her place of disembarkation, the liability (if any) of the carrier, or of the carrier's servants or agents, in respect of that person and his or her baggage is subject to the limits as to amounts that are applicable in respect of passengers under that Part.

  (2)   This section does not impose any liability on a carrier or a servant or agent of a carrier to which the carrier is not subject apart from this section.

  (3)   For the purposes of this section, the place of disembarkation of a person shall be deemed to be the next scheduled stopping place after the place at which he or she boards the aircraft or, if he or she continues on board after the aircraft leaves that next scheduled stopping place, the scheduled stopping place next after the last stopping place from which the aircraft departed with that person on board.



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