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This is a Bill, not an Act. For current law, see the Acts databases.
AVIATION LEGISLATION AMENDMENT (LIABILITY AND INSURANCE) BILL 2012
2010-2011-2012
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aviation Legislation Amendment
(Liability and Insurance) Bill 2012
No. , 2012
(Infrastructure and Transport)
A Bill for an Act to amend the law relating to
aviation, and for related purposes
i Aviation Legislation Amendment (Liability and Insurance) Bill 2012 No. , 2012
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Amendments
3
Civil Aviation (Carriers' Liability) Act 1959
3
Damage by Aircraft Act 1999
3
Aviation Legislation Amendment (Liability and Insurance) Bill 2012 No. , 2012 1
A Bill for an Act to amend the law relating to
1
aviation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Aviation Legislation Amendment
5
(Liability and Insurance) Act 2012.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2 Aviation Legislation Amendment (Liability and Insurance) Bill 2012 No. , 2012
Commencement information
Column 1
Column 2
Column 3
Provision(s)
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provision(s) do not
commence within the period of 6 months
beginning on the day this Act receives the
Royal Assent, they commence on the day
after the end of that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedule(s)
7
Each Act that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
12
Amendments Schedule 1
Aviation Legislation Amendment (Liability and Insurance) Bill 2012 No. , 2012 3
Schedule 1--Amendments
1
2
Civil Aviation (Carriers' Liability) Act 1959
3
1 Section 28
4
Omit "personal", substitute "bodily".
5
2 Paragraphs 31(1)(a), (b) and (c)
6
Omit "$500,000", substitute "$725,000".
7
3 Section 41
8
Omit "the Montreal No. 4 Convention" (wherever occurring), substitute
9
"the 1999 Montreal Convention".
10
4 Paragraph 41C(3)(a)
11
Omit "$500,000", substitute "$725,000".
12
Damage by Aircraft Act 1999
13
5 After subsection 10(1)
14
Insert:
15
(1A) However, this section does not apply in relation to a person who
16
suffers mental injury caused by a thing covered by
17
paragraph (1)(a), (b), (c) or (d) unless the person, or property
18
owned by the person, suffers other personal injury, material loss,
19
damage or destruction caused by such a thing.
20
6 After section 11
21
Insert:
22
11A Contributory negligence
23
(1) If, in an action under section 11, a defendant proves that the injury,
24
loss, damage or destruction was caused by, or contributed to by,
25
the negligence of the person (the sufferer) in respect of whom the
26
injury, loss, damage or destruction was suffered, the damages
27
recoverable must be assessed in accordance with this section.
28
Schedule 1 Amendments
4 Aviation Legislation Amendment (Liability and Insurance) Bill 2012 No. , 2012
(2) The court must determine the damages that would have been
1
recoverable if there had been no negligence on the part of the
2
sufferer.
3
(3) The damages determined under subsection (2) must be reduced to
4
the extent the court thinks just and equitable having regard to the
5
share of the sufferer in the responsibility for the injury, loss,
6
damage or destruction.
7
(4) If any case to which subsection (1) applies is tried with a jury, the
8
jury must determine the damages referred to in subsection (2) and
9
the amount of the reduction under subsection (3).
10
11B Right of contribution
11
If, because of an action under section 11, an amount of damages is
12
paid by a person in respect of an injury, loss, damage or
13
destruction, that person may, in an action in a court of competent
14
jurisdiction in Australian territory, recover by way of contribution,
15
from either or both of the following:
16
(a) any other person jointly and severally liable under section 10
17
in respect of the injury, loss, damage or destruction;
18
(b) any other person who caused, or contributed to, the injury,
19
loss, damage or destruction;
20
such part of the amount paid as the court considers just and
21
equitable.
22
7 Application provisions
23
(1)
The amendments made by items 1 and 2 apply in relation to accidents
24
that take place on or after the commencement of those items.
25
(2)
The amendment made by item 4 applies in relation to a
26
passenger-carrying operation engaged in, or proposed to be engaged in,
27
on or after the commencement of that item.
28
(3)
The amendment made by item 5 applies in relation to mental injury
29
suffered on or after the commencement of that item.
30
(4)
The amendment made by item 6 applies in relation to injury, loss,
31
damage or destruction suffered on or after the commencement of that
32
item.
33