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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 5

Interpretation

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

"Australia" includes the Territories.

"Australian person" means:

                     (a)  an individual who is an Australian citizen or is ordinarily resident in Australia; or

                     (b)  the Commonwealth, a State or a Territory; or

                     (c)  a person who is a nominee of the Commonwealth or of a State or a Territory; or

                     (d)  a Commonwealth, State or Territory authority; or

                     (e)  a person who is a nominee of a Commonwealth, State or Territory authority; or

                      (f)  a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

                     (g)  a person who is a nominee of a local government body referred to in paragraph (f); or

                     (h)  a body corporate that:

                              (i)  is incorporated by or under a law of the Commonwealth or of a State or a Territory; and

                             (ii)  is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or

                      (i)  a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

"child" : without limiting who is a child of a person for the purposes of this Act, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975 .

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901 .

"family member" has the meaning given by subsections (2) and (3).

"Foreign Affairs Department" means the Department administered by the Minister administering the Diplomatic Privileges and Immunities Act 1967 .

"parent" : without limiting who is a parent of a person for the purposes of this Act, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

"SDR" means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947 .

"stepchild" : without limiting who is a stepchild of a person for the purposes of this Act, someone who is a child of a de facto partner of the person is the stepchild of the person, if he or she would be the person's stepchild except that the person is not legally married to the partner.

"step-parent" : without limiting who is a step-parent of a person for the purposes of this Act, someone who is a de facto partner of a parent of the person is the step-parent of the person, if he or she would be the person's step-parent except that he or she is not legally married to the person's parent.

the 1999 Montreal Convention means the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (a copy of the English text of which is set out in Schedule 1A), as affected by:

                     (a)  any revision of the limits of liability, in accordance with Article 24 of the Convention, that has become effective; and

                     (b)  any other amendment of the Convention that has entered into force for Australia and a copy of the English text of which is set out in the regulations.

"the Guadalajara Convention" means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.

"the Guatemala City Protocol" means the Protocol done at Guatemala City on 8 March 1971 and called "Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955".

"the Hague Protocol" means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.

the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called "Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955".

the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975 .

"the Warsaw Convention" means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.

"the Warsaw Convention as amended at The Hague" means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955 .

Meaning of family member

             (2)  For the purposes of this Act, a person is a family member of a passenger at a particular time if, at that time, the person:

                     (a)  is the passenger's spouse or de facto partner; or

                     (b)  is a parent, step-parent or grandparent of the passenger; or

                     (c)  is a child, step-child, ward or grandchild of the passenger; or

                     (d)  is a sibling, step-brother, step-sister, half-brother or half-sister of the passenger; or

                     (e)  is wholly or partly dependent on the passenger for financial support and is:

                              (i)  a foster-sibling of the passenger; or

                             (ii)  a foster-child of the passenger; or

                            (iii)  a guardian of the passenger; or

                      (f)  falls within a class of people (if any) specified in regulations made for the purposes of this paragraph.

             (3)  Relationships mentioned in subsection (2) are, for the purposes of this Part, taken to include:

                     (a)  ex-nuptial relationships; and

                     (b)  relationships by adoption; and

                     (c)  relationships of child and parent that arise because of the definitions of child and parent in this section; and

                     (d)  relationships traced through relationships referred to in paragraphs (a), (b) and (c).



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