Commonwealth Numbered Regulations - Explanatory Statements

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CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 NO. 6

EXPLANATORY STATEMENT

STATUTORY RULE 1991 No. 6

Issued by the Authority of the Minister for Shipping and Aviation Support.

Civil Aviation (Carriers' Liability) Act 1959

Civil Aviation (Carriers' Liability) Regulations

Section 43 of the Civil Aviation (Carriers' Liability) Act 1959 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act sets liability limits in respect of passenger death or injury and loss of luggage and cargo in the course of civil aviation. The limits in respect of international air navigation to or from Australia are set in accordance with the Warsaw Convention of 1929 (Part II), the Warsaw Convention as amended by the Hague Protocol of 1955 (Part III) and the supplementary Guadalajara Convention of 1961 (Part IIIA). Part IV of the Act sets liability limits in respect of domestic air navigation and international air navigation not covered by the Warsaw Convention system of carriers, liability.

Section 31 of the Act sets levels of liability for the purposes of Part IV as follows:

       $100,000 in respect of personal injury or death: subsection 31(1);

       $900 in respect of destruction or loss of registered baggage: subsection 31(2); and

       $90 in respect of destruction or loss of unregistered baggage: subsection 31(3).

Section 31 also provides that these limits do not apply where a regulation is in force prescribing higher amounts. There are currently no regulations in force prescribing higher limits.

The regulations increase domestic carriers, liability limits for the purposes of section 31 of the Act. The regulations prescribe the following amounts:

       an amount of $180,000 for the purposes of subsection 31(1);

       an amount of $1,600 for the purposes of subsection 31(2); and

       an amount of $160 for the purposes of subsection 31(3).

The regulations took effect on 1 February 1991.


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