Commonwealth Consolidated Acts

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CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959 - SECT 9G

Proceeds of insurance policies etc.

                   In assessing damages in respect of liability under the Convention, the following must not be taken into account to reduce the damages:

                     (a)  any amount paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;

                     (b)  any amount paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;

                     (c)  any amount in respect of a pension, social service benefit or repatriation benefit paid or payable, because of the death or injury of a passenger, by any government or person;

                     (d)  in the case of the death of a passenger, any amount in respect of the acquisition by a family member of the passenger, consequent upon the passenger's death, of, or of an interest in, a dwelling used at any time as the home of that family member, or of, or of an interest in, the household contents of any such dwelling;

                     (e)  in the case of the death of a passenger, a premium that would have become payable under a contract of insurance in respect of the life of the passenger if the passenger had lived after the time when the passenger died.



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