Commonwealth Numbered Regulations

CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT REGULATIONS 1998 (No. 1) 1998 No. 256 - REG 5

5.1 Paragraph 9 (2) (a): Omit "regulation; or", substitute "paragraph;".

5.2 Paragraph 9 (2) (aa): Omit "or".

5.3 Paragraph 9 (2) (b): Omit "regulation; or", substitute "paragraph;".

5.4 Paragraph 9 (2) (c): Omit "regulation.", substitute "paragraph;".

5.5 Subregulation 9 (2): After paragraph 9 (2) (c), insert:

"(d) 'Date Recognition Exclusion Clause' (also called 'AVN 2000'), as that
clause is commonly in use at the commencement of this paragraph.". Note The
following text should be added at the end of the Note following Schedule 1:

"DATE RECOGNITION EXCLUSION CLAUSE (AVN 2000)

"This Policy does not cover any claim, damage, injury, loss, cost, expense or
liability (whether in contract, tort, negligence, product liability,
misrepresentation, fraud or otherwise) of any nature whatsoever arising from
or occasioned by or in consequence of (whether directly or indirectly and
whether wholly or partly):

   (a)  the failure or inability of any computer hardware, software,
        integrated circuit, chip or information technology equipment or system
        (whether in the possession of the Insured or of any third party)
        accurately or completely to process, exchange or transfer year, date
        or time data or information in connection with:
Ð the change of year from 1999 to 2000; and/or
Ð the change of date from 21 August 1999 to 22 August 1999; and/or
Ð any other change of year, date or time;
whether on or before or after such change of year, date or time;

   (b)  any implemented or attempted change or modification of any computer
        hardware, software, integrated circuit, chip or information technology
        equipment or system (whether in the possession of the Insured or of
        any third party) in anticipation of or in response to any such change
        of year, date or time, or any advice given or services performed in
        connection with any such change or modification;

   (c)  any non-use or unavailability for use of any property or equipment of
        any kind whatsoever resulting from any act, failure to act or decision
        of the Insured or of any third party related to any such change of
        year, date or time; and any provision in this Policy concerning any
        duty of Insurers to investigate or defend claims shall not apply to
        any claims so excluded.".