Civil Aviation (Carriers' Liability) Amendment Act 1996 (NSW)
New South Wales
Civil Aviation (Carriers’ Liability)
Amendment Act 1996 No 70
Contents
Page
1 Name of Act 2 2 Commencement 2 3 Amendment of Civil Aviation (Carriers’ Liability) Act 1967 No 64 2
Schedule 1 Amendments 3
New South Wales
Civil Aviation (Carriers’ Liability)
Amendment Act 1996 No 70
Act No 70, 1996
An Act to amend the Civil Aviation (Carriers’ Liability) Act 1967 in relation to the application within the State of the Civil Aviation (Carriers’ Liability) Act 1959 of the Commonwealth; and for other purposes. [Assented to 27 September 1996]
| Section 1 | Civil Aviation (Carriers’ Liability) Amendment Act 1996 No 70 |
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Civil Aviation (Carriers’ Liability) Amendment
Act 1996.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Civil Aviation (Carriers’ Liability) Act 1967 No 64
The Civil Aviation (Carriers’ Liability) Act 1967 is amended as set out in Schedule 1.
Civil Aviation (Carriers’ Liability) Amendment Act 1996 No 70
Amendments Schedule 1 Schedule 1 Amendments
(Section 3)
Section 2 Definitions
Omit “-1962” from the definition of the Commonwealth Act in section 2 (1).
Section 2 (1)
Omit “Part IV” from the definition of the Commonwealth
Regulations.Insert instead “Part IV or IVA”.
Section 2 (1)
Insert in alphabetical order:
applied provisions means the provisions of the Commonwealth Act and the Commonwealth Regulations as they apply under this Act as laws of the State.
Commonwealth authority means an authority or officer of the Commonwealth.
Section 2 (2) Omit “sections 5 and 26”. Insert instead “sections 5, 26 and 41B”.
Section 4 Carriage to which Act applies
Omit “not being carriage to which Part IV of the Commonwealth Act applies or to which the Warsaw Convention, the Hague Protocol or the Guadalajara Convention applies” .
Civil Aviation (Carriers’ Liability) Amendment Act 1996 No 70
| Schedule 1 | Amendments |
Insert instead:
not being:
(a) carriage to which Part IV of the Commonwealth Act applies, or (b) carriage to which the Warsaw Convention, the Hague Protocol or the Guadalajara Convention applies, or (c) carriage to which the provisions of another convention, protocol or treaty apply, being provisions that have the force of law under the Commonwealth Act and that are prescribed for the purposes of this paragraph by the regulations under this Act.
Section 5 Application of provisions of Parts IV and IVA of the Commonwealth Act
Omit “Part IV” wherever occurring.
Insert instead “Parts IV and IVA”.
Section 5
Omit “sections 27, 40 and 41”.
Insert instead “sections 27, 40, 41 and 41J (8)”.
Section 5 (d)
Omit “section 31 of”.
Sections 6A and 6B
Insert after section 6:
6A Administration of the applied provisions as
Commonwealth laws
(1)
It is the intention of Parliament that the applied provisions should be administered and enforced as if they were provisions applying as laws of the Commonwealth instead of being provisions applying as laws of the State.
Civil Aviation (Carriers’ Liability) Amendment Act 1996 No 70
Amendments Schedule 1
(2) To that end:
(a)
Commonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations, and
(b)
the laws of the Commonwealth apply to offences against the applied provisions as if they were offences against the Commonwealth Act or the Commonwealth Regulations, and
(c)
the laws of the State do not apply to offences against the applied provisions.
(3)
In the application of provisions of the Commonwealth Act and the Commonwealth Regulations under this Act, any function or power conferred on a Commonwealth authority by or under those provisions may be exercised or performed (in respect of carriage to which this Act applies and matters connected with that carriage) by that Commonwealth authority.
6B Alternative arrangements for administration of applied
provisions
(1) The regulations may provide that:
(a)
any or all of the provisions of section 6A do not have effect, and
(b)
any or all of the functions or powers conferred on a Commonwealth authority by or under the applied provisions may be exercised or performed by a person or authority specified in the regulations.
(2)
To the extent that, because of regulations referred to in subsection (l), the laws of the Commonwealth do not apply to an offence against the applied provisions, the offence is to be regarded as an indictable offence under the laws of the State, but may, with the consent of the prosecutor and the defendant, be dealt with summarily.
Civil Aviation (Carriers’ Liability) Amendment Act 1996 No 70
| Schedule 1 | Amendments |
[ 1 0 ] Section 7 Regulations
Insert after section 7 (6):
(7)
The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Minister’s second reading speech made in—
Legislative Assembly on 27 June 1996
Legislative Council on 24 September 1996]
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