South Australian Current Acts

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61—Damage by aircraft

        (1)         In this section—

"aircraft damage" means personal injury, loss of life, material loss, damage or destruction in South Australia that is not covered by the Commonwealth Act but would, assuming the aircraft had been engaged in trade and commerce among the States, have been covered by the Commonwealth Act;

"Commonwealth Act" means the Damage by Aircraft Act 1999 (Cwth).

        (2)         Words and expressions used in this section that are defined in the Commonwealth Act have the same respective meanings as in the Commonwealth Act.

        (3)         Subject to the following qualifications, liability for aircraft damage is to be determined on the same principles as under the Commonwealth Act.

        (4)         The following qualifications apply:

            (a)         a person who uses an aircraft as a passenger or for the transportation of passengers or goods is not to be regarded as an operator of the aircraft if the person reasonably relies on the skill of another (not being an employee) to operate the aircraft;

            (b)         if aircraft damage results from the unauthorised use of an aircraft, a person (other than the unauthorised user) who is liable for damage as owner or operator of the aircraft is entitled to be indemnified against that liability by the person (not being an employee) who used the aircraft without proper authority;

            (c)         if aircraft damage results from an impact between an aircraft or part of an aircraft and a person or object (other than a person or object in the aircraft), liability is to be determined according to principles of negligence unless—

                  (i)         the impact occurs while the aircraft is in flight; or

                  (ii)         the impact is caused by the aircraft or part of the aircraft crashing or falling to the ground;

            (d)         exemplary damages are not to be awarded for aircraft damage unless the defendant is shown to have caused the damage intentionally or recklessly.

        (5)         This section does not apply to damage arising from operations of any of the following kinds carried out from an aircraft:

            (a)         seeding;

            (b)         the spreading of fertiliser, weedicide, pesticide or other agricultural chemicals;

            (c)         firefighting;

            (d)         the dispersal of pollutants;

            (e)         any similar operations,

unless the damage is caused by an impact between the aircraft or part of the aircraft and the ground or an impact between a substantial thing dropping or falling from the aircraft and the ground.

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