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This is a Bill, not an Act. For current law, see the Acts databases.
1998-99
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Damage by
Aircraft Bill 1999
No. ,
1999
(Transport and Regional
Services)
A Bill for an Act relating to
liability for certain injury, loss, damage or destruction by aircraft, and for
related purposes
ISBN: 0642 391351
Contents
Civil Aviation (Damage by Aircraft) Act
1958 7
A Bill for an Act relating to liability for certain
injury, loss, damage or destruction by aircraft, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Damage by Aircraft Act
1999.
(1) Subject to this section, this Act commences on a day to be fixed by
Proclamation.
(2) The day fixed under subsection (1) must not be a day that occurs
before the day on which Australia’s denunciation of the Convention on
Damage caused by Foreign Aircraft to third Parties on the Surface takes
effect.
The main object of this Act is to facilitate the recovery of damages for
certain injury, loss, damage or destruction caused by aircraft, or by people,
animals or things that are dropped, or that fall, from aircraft that are in
flight.
In this Act, unless the contrary intention appears:
aircraft has the same meaning as in the Civil Aviation Act
1988, but does not include model aircraft.
Australian territory has the same meaning as in the Air
Navigation Act 1920.
Commonwealth aircraft means an aircraft, other than a Defence
Force aircraft, that is:
(a) in the possession or under the control of the Commonwealth or an
authority of the Commonwealth; or
(b) being used wholly or principally for a purpose of the
Commonwealth.
Defence Force aircraft means aircraft of any part of the
Defence Force, including any aircraft commanded by a member of that Force in the
course of duties as such a member.
in flight has the meaning given by section 5.
operator has the meaning given by section 6.
(1) For the purposes of this Act, an aircraft that is lighter than air is
taken to be in flight from the moment when it becomes detached
from the earth’s surface until the moment when it becomes again attached
to the earth’s surface.
(2) For the purposes of this Act, a power-driven aircraft that is heavier
than air is taken to be in flight from the moment when power is
applied for the purpose of take-off until the moment when its landing run
ends.
(3) For the purposes of this Act, an aircraft that is heavier than air but
is not power-driven is taken to be in flight from the moment when
it becomes airborne (whether or not it is then attached to any other aircraft or
machine) until the moment when its landing run ends.
(1) Subject to subsection (2), if a person uses an aircraft, the person
is, for the purposes of this Act, taken to be the operator of the
aircraft.
(2) If a person authorises the use of an aircraft but retains control of
its navigation, then, for the purposes of this Act:
(a) the person who is authorised to use the aircraft is not taken to be
the operator of the aircraft; and
(b) the person who retains control of its navigation is taken to be the
operator of the aircraft.
If an employee of a person (the employer) uses an aircraft
in the course of his or her employment (whether or not the employee is
authorised to do so), then, for the purposes of this Act:
(a) the employee is not taken to use the aircraft; and
(b) the employer is taken to use the aircraft.
This Act binds the Crown in each of its capacities.
(1) This Act extends to each external Territory.
(2) This Act does not apply in relation to a Defence Force
aircraft.
(3) This Act applies to acts, omissions, matters and things within
Australian territory.
(4) Subject to subsection (2), this Act applies in relation to the
following:
(a) Commonwealth aircraft;
(b) aircraft owned by a foreign corporation or a trading or financial
corporation (within the meaning of paragraph 51(xx) of the
Constitution);
(c) aircraft (including foreign aircraft) engaged in:
(i) international air navigation; or
(ii) air navigation in relation to trade and commerce with other countries
and among the States; or
(iii) air navigation conducted by a foreign corporation or a trading or
financial corporation (within the meaning of paragraph 51(xx) of the
Constitution); or
(iv) air navigation to or from, or within, the Territories; or
(v) landing at, or taking off from, a place acquired by the Commonwealth
for public purposes.
(1) This section applies if a person or property on, in or under land or
water suffers personal injury, loss of life, material loss, damage or
destruction caused by:
(a) an impact with an aircraft that is in flight, or that was in flight
immediately before the impact happened; or
(b) an impact with part of an aircraft that was damaged or destroyed while
in flight; or
(c) an impact with a person, animal or thing that dropped or fell from an
aircraft in flight; or
(d) something that is a result of an impact of a kind mentioned in
paragraph (a), (b) or (c).
(2) If this section applies, the following people are jointly and
severally liable in respect of the injury, loss, damage or
destruction:
(a) the operator of the aircraft immediately before the impact
happened;
(b) the owner of the aircraft immediately before the impact
happened;
(c) if the operator of the aircraft immediately before the impact happened
was authorised to use the aircraft but did not have the exclusive right to use
it for a period of more than 14 consecutive days—the person who so
authorised the use of the aircraft;
(d) if the operator of the aircraft immediately before the impact happened
was using the aircraft without the authority of the person entitled to control
its navigation—the person entitled to control the navigation of the
aircraft.
(3) Paragraph (2)(d) does not apply if the person entitled to control the
navigation of the aircraft had taken all reasonable steps to prevent the
unauthorised use of the aircraft.
(4) If:
(a) an injury, loss, damage or destruction of the kind mentioned in
subsection (1) is a result of a collision or interference between 2 or more
aircraft in flight; or
(b) 2 or more aircraft jointly cause any such injury, loss, damage or
destruction;
this section applies in relation to each of the aircraft.
Damages in respect of an injury, loss, damage or destruction of the kind
to which section 10 applies are recoverable in an action in a court of competent
jurisdiction in Australian territory against all or any of the persons who are
jointly and severally liable under that section in respect of the injury, loss,
damage or destruction without proof of intention, negligence or other cause of
action, as if the injury, loss, damage or destruction had been caused by the
wilful act, negligence or default of the defendant or defendants.
The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Civil
Aviation (Damage by Aircraft) Act 1958
1 The whole of the Act
Repeal the Act.