61—Damage by aircraft
(1) In this
"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
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;
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
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
the impact occurs while the aircraft is in flight; or
the impact is caused by the aircraft or part of the
aircraft crashing or falling to the ground;
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:
spreading of fertiliser, weedicide, pesticide or other agricultural chemicals;
dispersal of pollutants;
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.