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This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Insurance
and Aviation Liability Legislation Amendment Bill
2002
No. ,
2002
(Transport and Regional
Services)
A Bill for an Act to amend
legislation relating to insurance and aviation liability, and for related
purposes
Contents
Civil Aviation (Carriers’ Liability) Act
1959 3
Damage by Aircraft Act
1999 4
Insurance Contracts Act
1984 4
A Bill for an Act to amend legislation relating to
insurance and aviation liability, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Insurance and Aviation Liability
Legislation Amendment Act 2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 4 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedule 1, items 1 to 4 |
At the same time as Schedule 4 to the Aviation Legislation
Amendment Act (No. 1) 1998 commenced |
|
|
3. Schedule 1, items 5 and 6 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of 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repealed as set out in the applicable items in the Schedule concerned, and any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.
The amendment made by item 6 of Schedule 1 applies to a
provision included in a contract of insurance after the commencement of the
item, including a provision included by varying a contract entered into before
the commencement of the item.
Civil Aviation
(Carriers’ Liability) Act 1959
1 Section 5
Insert:
Australian citizen has the same meaning as in the
Australian Citizenship Act 1948.
2 Section 5
Insert:
Australian person means:
(a) an individual who is an Australian citizen or is ordinarily resident
in Australia; or
(b) the Commonwealth, a State or a Territory; or
(c) a person who is a nominee of the Commonwealth or of a State or a
Territory; or
(d) a Commonwealth, State or Territory authority; or
(e) a person who is a nominee of a Commonwealth, State or Territory
authority; or
(f) a local government body (whether incorporated or not) formed by or
under a law of a State or a Territory; or
(g) a person who is a nominee of a local government body referred to in
paragraph (f); or
(h) a body corporate that:
(i) is incorporated by or under a law of the Commonwealth or of a State or
a Territory; and
(ii) is substantially owned and effectively controlled by persons referred
to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or
(i) a person in the capacity of a trustee, or manager, of a fund in which
the total interests (if any) of persons referred to in paragraph (a), (b),
(c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in
the fund.
3 Subsection 11A(2) (at the end of
paragraph (b) of the definition of Australian international
carrier)
Add “and who is an Australian person”.
4 Subsection 21A(2) (at the end of
paragraph (b) of the definition of Australian international
carrier)
Add “and who is an Australian person”.
5 After subsection 10(2)
Insert:
(2A) Subsection (2) does not apply to a person if, immediately before
the impact happened:
(a) the person was the owner of the aircraft; and
(b) the person did not have an active role in the operation of the
aircraft; and
(c) either:
(i) there was a lease or other arrangement in force (whether or not with
the owner) under which another person had the exclusive right to use the
aircraft; or
(ii) another person had the exclusive right to use the aircraft and there
was an agreement in force under which the owner provided financial accommodation
in connection with the aircraft.
6 At the end of
section 9
Add:
(4) Sections 53 and 63 do not apply in relation to a provision of a
contract, or a proposed contract, of insurance to the extent that:
(a) the provision authorises or permits the insurer to vary or cancel
either or both of the following:
(i) cover for risks related to war;
(ii) cover for risks related to terrorism; and
(b) the provision is prescribed or otherwise identified by the
regulations.