Civil Aviation (Carriers' Liability) Amendment Regulations 1998 (No. 1) (Cth)

Statutory Rules 1998No. 256 1

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Civil Aviation (Carriers’ Liability) Amendment Regulations 1998 (No. 1)2

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations under the Civil Aviation (Carriers’ Liability) Act 1959.

Dated 11 August 1998.

 WILLIAM DEANE

 Governor-General

By His Excellency’s Command,

 

MARK VAILE

Minister for Transport and Regional Development

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1.   Name of regulations

1.1   These regulations are the Civil Aviation (Carriers’ Liability) Amendment Regulations 1998 (No. 1).

2.   Commencement

2.1   Regulation 6 commences on 20 August 1999.

2.2   The remainder of these regulations commence on gazettal.

3.   Amendment

3.1   The Civil Aviation (Carriers’ Liability) Regulations are amended as set out in these regulations.

4.   Regulation 1 (Citation)

4.1   Omit the regulation, substitute:

Name of regulations

 “1. These regulations are the Civil Aviation (Carriers’ Liability) Regulations 1991.”.

5.   Regulation 9 (Prescribed exclusions of insurer’s liability)

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:

• –

  the change of year from 1999 to 2000; and/or

• –

  the change of date from 21 August 1999 to 22 August 1999; and/or

• –

  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.”.

6.   Regulation 9 (Prescribed exclusions of insurer’s liability)

6.1   Paragraph 9 (2) (d):

Omit the paragraph.

Note   The heading “DATE RECOGNITION EXCLUSION CLAUSE (AVN 2000)” and the text following it should be omitted from the Note following Schedule 1.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 12 August 1998.

2. Statutory Rules 1991 No. 6 as amended by 1994 No. 356; 1995 No. 366; 1996 No. 240.