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CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS (AMENDMENT) 1994 NO. 356EXPLANATORY STATEMENT
STATUTORY RULES 1994 No. 356
Issued by the authority of the Minister for Transport
Civil Aviation (Carriers' Liability) Act 1959
Civil Aviation (Carriers' Liability) Regulations (Amendment)
Section 43 of the Civil Aviation (Carriers' Liability) Act 1959 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The Act sets liability limits in respect of passenger death or injury and loss of luggage and cargo in the course of civil aviation. The limits in respect of international air navigation to or from Australia are set in accordance with the Warsaw Convention of 1929 (Part II), the Warsaw Convention as amended by the Hague Protocol of 1955 (Part III) and the supplementary Guadalajara Convention of 1961 (Part IIIA). Part IV of the Act sets liability limits in respect of domestic air navigation as well as international air navigation not covered by the Warsaw Convention system of carriers' liability.
Subsection 31(1) of the Act provides that the limitation of passenger liability under Part IV is $100,000, or if at the date of the accident a regulation was in force prescribing an amount higher than $100,000, the amount prescribed by regulation. Prior to these amendments to the Regulations, the Civil Aviation (Carders' Liability) Regulations prescribed a limit of $180,000. With these amendments, that limit has been increased to $500,000.
The amending Regulations commenced on gazettal.