Civil Aviation (Carriers' Liability) Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council and under section 4 of the
Dated 29 November 1995.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
LAURIE BRERETON
Minister for Transport
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1.1 These
Regulations commence on the same day as does Part IVA of the
2.1 The Civil Aviation (Carriers’ Liability) Regulations are amended as set out in these Regulations.
3.1 After regulation 4, insert:
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(a) the period that may be set out in a notice under subsection 41C (1) of the Act is 3 days beginning at the end of the day on which the carrier receives the notice under that subsection; and
(b) the notice must state that the Minister has received a notice under regulation 10.
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(a) the period that may be set out in a notice under subsection 41C (1) of the Act in relation to that contract of insurance is 1 day beginning at the end of the day on which the carrier receives the notice; and
(b) the notice must include a statement that the Minister has reason to believe that the contract of insurance may have ceased to be in force or no longer meets a prescribed requirement.
[NOTE: See s. 163 of the
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(a) a certificate by an insurer that the insurance is in force;
(b) a contract of insurance;
(c) written receipt of payment of premium for the insurance;
(d) any other form that the Minister considers reasonable and appropriate in the particular case.
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(a) that the insurer is authorised under section 23 or 24 of the
Insurance Act 1973 to conduct insurance business in Australia; or(b) that:
(i) the insurer is permitted or authorised under the law of a foreign country to carry on insurance business; and
(ii) the Minister is satisfied that the requirements imposed on the insurer under that law are similar to or consistent with requirements under that Act.
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(a) ‘Aviation Radioactive Contamination Exclusion Clause (General)’ (also called ‘Aviation 38’), as that clause is commonly in use at the commencement of this regulation; or
(b) ‘Noise and Pollution and Other Perils Exclusion Clause’ (also called ‘AVN. 46B’) as that clause is commonly in use at the commencement of this regulation; or
(c) ‘War, Hijacking and Other Perils Exclusion Clause (Aviation)’ (also called ‘AVN. 48B’) as that clause is commonly in use at the commencement of this regulation.
[NOTE: The 3 exclusion clauses, as in use at the commencement of subregulation 9 (1), are set out, for information, as note 2 of the endnotes.]
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(a) the insurer has given the Minister a notice in writing to the effect that the insurer is prepared to indemnify the insured carrier in relation to personal injury liability arising out of the operation by the insured carrier of aircraft of that type; and
(b) the type is endorsed on the contract of insurance.
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(a) the lapsing of the contract;
(b) the expiration of the contract;
(c) cancellation of the contract by the insurer;
(d) alteration of the contract in a way that will result in the contract no longer satisfying a prescribed requirement.
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(a) the time when the carrier obtains from the same or another insurer an acceptable contract of insurance; or
(b) if the insurer subsequently gives the notice—3 business days after the Minister receives the notice; or
(c) if the insurer does not give the notice before the end of 3 months after the day the event happens—the end of that period.
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(a) the time when the insured carrier obtains from the same or another insurer an acceptable contract of insurance; or
(b) if the insurer subsequently gives the notice—3 business days after the Minister receives the notice; or
(c) if the insurer does not give the notice before the end of 3 months after the day the event happens—the end of that period.
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(a) a certificate issued under subsection 41C (7) of the Act in relation to an acceptable contract of insurance requires to be corrected; or
(b) the acceptable contract of insurance in relation to which a certificate was issued is no longer in force;
the Minister may by written notice to the carrier require the carrier to return the certificate.
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1. Notified in the
Commonwealth of Australia Gazette on 6 December 1995.2. The texts of the standard exclusion clauses referred to in subregulation 9 (1) are as follows:
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The contract of insurance does not cover
(a) loss or destruction of, or damage to, any property or any loss or expense resulting therefrom
(b) any legal liability of whatsoever nature.
directly or indirectly caused or contributed to by or arising from ionising radiations or contamination by radioactivity from any source whatsoever.
Loss, destruction, damage, expense or legal liability which, but for the provisions of paragraph (1) of this Clause, would be covered by this policy, and is directly or indirectly caused or contributed to by or arising from ionising radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Transport Association regulations, shall (subject to all the other provisions of this policy) be covered, provided that:
(a) it shall be a condition precedent to the liability of the Underwriters that the carriage of any radioactive materials shall in all respects comply with the current regulations issued by the International Air Transport Association relating to the carriage of restricted articles by air;
(b) the loss, destruction, damage, expense or legal liability shall have occurred or arisen during the period of this policy, and any claim by the Assured against the Underwriters or by any claimant against the Assured shall have been made within three years after the date of the occurrence giving rise to the claim;
(c) in the case of any claim by virtue of this paragraph (2) under the Hull section of this policy, the level of contamination shall have exceeded the maximum permissible level set out in the following scale:-
Emitter | Maximum permissible level of non-fixed radioactive surface contamination (Averaged over 300cm2) |
Alpha emitters in Group 1 of the IAEA list of radio isotopes (IAEA Health and Safety Series No. 6) | Not exceeding 10-5 microcuries per cm2 |
All other substances | Not exceeding 10-4 microcuries per cm2 |
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(d) the cover afforded by this paragraph (2) may be cancelled at any time by the Underwriters giving seven days’ notice of cancellation.
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This Policy does not cover claims directly or indirectly occasioned by, happening through, or in consequence of:-
(a) noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith,
(b) pollution and contamination of any kind whatsoever,
(c) electrical and electromagnetic interference,
(d) interference with the use of property;
unless caused by or resulting in a crash fire explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation.
With respect to any provision in the Policy concerning any duty of Underwriters to investigate or defend claims, such provision shall not apply and Underwriters shall not be required to defend:
(a) claims excluded by Paragraph 1 or
(b) a claim or claims covered by the Policy when combined with any claims excluded by Paragraph 1 (referred to below as “Combined Claims”).
In respect of any Combined Claims, Underwriters shall (subject to proof of loss and the limits of the Policy) reimburse the Insured for that portion of the following items which may be allocated to the claims covered by the Policy:
(i) damages awarded against the Insured and
(ii) defence fees and expenses incurred by the Insured.
Nothing in this clause shall override any radioactive contamination or other exclusion clause attached to or forming part of this Policy.
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“This Policy does not cover claims caused by
(a) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power.
(b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter.
(c) Strikes, riots, civil commotions or labour disturbances.
(d) Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional.
(e) Any malicious act or act of sabotage.
(f) Confiscation, nationalisation seizure, restraint, detention, appropriation, requisition for title, or use by or under the order of any Government (whether civil military or
de facto ) or public or local authority.(g) Hijacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew in flight (including any attempt at such seizure or control) made by any person or persons on board the Aircraft acting without the consent of the Insured.
“Further this policy does not cover claims arising whilst the Aircraft is outside the control of the Insured by reason of any of the above perils. The Aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the Aircraft to the Insured at an airfield not excluded by the geographical limits of this Policy, and entirely suitable for the operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shut down and under no duress).”.
3. Statutory Rules 1991 No. 6 as amended by 1994 No. 356.
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