Civil Aviation (Carriers' Liability) Act 1961 (Vic)

Version No. 022

Civil Aviation (Carriers' Liability) Act 1961

No. 6808 of 1961

Version incorporating amendments as at

16 August 2012

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Definitions

3Act to bind Crown

4Carriage to which Act applies

5Application of provisions of Parts IV and IVA of
Commonwealth Act

6Stowaways

7Commonwealth Regulations

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ENDNOTES

1.  General Information

2.  Table of Amendments

3.  Explanatory Details

Version No. 022

Civil Aviation (Carriers' Liability) Act 1961

No. 6808 of 1961

Version incorporating amendments as at

16 August 2012

An Act relating to the Carriage of Passengers by Air.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

(1)This Act may be cited as the Civil Aviation (Carriers' Liability) Act 1961.

(2)This Act shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Definitions

(1)In this Act—

charter licence means a licence which by virtue of the Air Navigation Act 1958 has force and effect as if it had been granted as a charter licence by virtue of that Act;

the Commonwealth Act means the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth of Australia and, if that Act is amended, includes that Act as amended from time to time;

the Commonwealth Regulations means the regulations from time to time in force under the Commonwealth Act for the purposes of Part IV or IVA of the Commonwealth Act, other than regulations made for the purposes of section forty-one of the Commonwealth Act.

(2)The provisions of sections five and twenty-six of the Commonwealth Act shall apply, by virtue of this Act, to the interpretation of section four of this Act in like manner as they apply to the interpretation of section twenty-seven of the Commonwealth Act.

3Act to bind Crown

This Act shall bind the Crown.

4Carriage to which Act applies

This Act shall apply to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations under a contract for the carriage of the passenger between a place in Victoria and another place in Victoria, not being carriage to which Part IV of the Commonwealth Act applies or to which the Warsaw Convention, or the Warsaw Convention as affected by the Hague Protocol, applies.

5Application of provisions of Parts IV and IVA of Commonwealth Act

The provisions of Parts IV and IVA of the Commonwealth Act (other than sections twenty-seven, forty and forty-one) and subject to any regulations made by the Governor in Council pursuant to section seven of this Act the provisions of the Commonwealth Regulations shall apply to and in relation to carriage to which this Act applies, and matters connected with such carriage, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated—

(a)general references to Part IV or IVA of the Commonwealth Act were references to this Act;

(b)a reference in one of those provisions to another of those provisions were a reference to that other provision as applying by virtue of this Act;

(c)the reference in subsection (5) of section twenty-nine of the Commonwealth Act to carriage referred to in subsection (4) of section twenty-seven of the Commonwealth Act were a reference to the carriage of a passenger where—

(i)the carriage of the passenger between two places was to be performed by two or more carriers in successive stages;

(ii)the carriage has been regarded by the parties as a single operation, whether it has been agreed upon by a single contract or by two or more contracts; and

(iii)this Act would have applied to that carriage if it had been performed by a single carrier under a single contract; and

(d)the references in section 31, 41C(2)(b) and 41D of the Commonwealth Act to the regulations relating to certain matters were references to the provisions of the Commonwealth Regulations relating to those matters as applying by virtue of this Act.

6Stowaways

The provisions of section forty-two of the Commonwealth Act shall apply in relation to a person who, within Victoria, travels in an aircraft without the consent of the carrier as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated, a reference to a Part or Parts of the Commonwealth Act were a reference to this Act.

7Commonwealth Regulations

(1)The Minister shall cause to be laid before both Houses of Parliament a copy of any Commonwealth Regulations made under the Commonwealth Act and the provisions of section 21 of the Subordinate Legislation Act 1994 shall apply in relation to such regulations as if the Commonwealth Act were an Act of the Parliament of Victoria and required such regulations to be laid before both Houses of Parliament.

(2)If within sixty days after any such Commonwealth Regulations are laid before either House of Parliament that House of Parliament passes a resolution disapproving of all or any of such Commonwealth Regulations the regulations so disapproved shall cease to apply to and in relation to carriage to which this Act applies.

(3)The Governor in Council may in relation to carriage to which this Act applies make regulations prescribing all matters which by the Commonwealth Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Commonwealth Act, and the Commonwealth Regulations shall in so far as they are inconsistent with any regulation made by the Governor in Council cease to apply to or in relation to carriage to which this Act applies and to matters connected with such carriage.

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(5)Where regulations are made by the Governor in Council pursuant to subsection (3) of this section then any reference in the Commonwealth Act to regulations made thereunder shall, in respect of the application of the Commonwealth Act by virtue of this Act be construed as including a reference to regulations made by the Governor in Council and as excluding a reference to any Commonwealth Regulations inconsistent therewith.

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ENDNOTES

1.     General Information

The Civil Aviation (Carriers' Liability) Act 1961 was assented to on 12 December 1961 and came into operation on 1 July 1962: Government Gazette 27 June 1962 page 2248.

2.     Table of Amendments

This Version incorporates amendments made to the Civil Aviation (Carriers' Liability) Act 1961 by Acts and subordinate instruments.

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Subordinate Legislation Act 1962, No. 6886/1962

Assent Date:	8.5.62
Commencement Date:	1.8.62: Government Gazette 4.7.62 p. 2314
CurrentState:	All of Act in operation

Civil Aviation (Carriers' Liability) Act 1970, No. 7986/1970

Assent Date:	20.10.70
Commencement Date:	11.11.70: Government Gazette 11.11.70 p. 3555
CurrentState:	All of Act in operation

Miscellaneous Acts (Omnibus Amendments) Act 1995, No. 100/1995

Assent Date:	5.12.95
Commencement Date:	S. 20 on 5.6.96: s. 2(6)
CurrentState:	This information relates only to the provision/s amending the Civil Aviation (Carriers' Liability) Act 1961

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3.     Explanatory Details

No entries at date of publication.