Air Accidents (Commonwealth Government Liability) Amendment Act 1982

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No. 70 of 1982

An Act to amend the Air Accidents (Commonwealth Government Liability) Act 1963

[Assented to 6 September 1982]

BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:

Short title, &c.

1. (1) This Act may be cited as the Air Accidents (Commonwealth Government Liability) Amendment Act 1982.

(2) The Air Accidents (Commonwealth Government Liability) Act 19631 is in this Act referred to as the Principal Act.

Commencement

2. This Act shall come into operation on the day on which section 4 of the Civil Aviation (Carriers’ Liability) Amendment Act 1982 comes into operation.

Interpretation

3. Section 4 of the Principal Act is amended—

(a) by inserting before the definition of “Commonwealth authority” the following definitions:

“‘aircraft crew member’ means a person who performs functions as a member of the crew of an aircraft;

‘commercial transport operations’ means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo;”;

(b) by omitting the definition of “flying pay”; and

“‘passenger’, in relation to an aircraft, means any person lawfully entitled to be on board the aircraft other than a person who—

(a) is employed, as an aircraft pilot or aircraft crew member, by—

(i) a Commonwealth authority; or

(ii) a corporation,

that operates commercial transport operations; and

(b) is on board the aircraft for the purpose of performing functions as a pilot, or as another member of the crew, of the aircraft.”.

Application of Part

4. Section 6 of the Principal Act is amended by omitting sub-section (2) and substituting the following sub-section:

“(2) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956 or the Repatriation (Special Overseas Service) Act 1962.”.

Limitation of amount recoverable under this Part

5. (1) Section 8 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The maximum liability of the Commonwealth or a Commonwealth authority under this Part in respect of any one person, by reason of his death or injury resulting from an accident, is—

(a) where paragraph (b) does not apply—$100,000; or

(b) where, at the date of the accident, a regulation was in force under the Civil Aviation (Carriers’ Liability) Act 1959 prescribing an amount higher than $100,000 for the purposes of sub-section 31 (1) of that Act—the amount prescribed by that regulation.”.

(2) Section 8 of the Principal Act continues to operate in relation to the liability imposed on the Commonwealth, or on a Commonwealth authority, by section 28 of the Civil Aviation (Carriers’ Liability) Act 1959 as applied by section 7 of the Air Accidents (Commonwealth Government Liability) Act 1963 in respect of an accident that took place before the date of commencement of this Act.

Liability of Commonwealth, &c, independently of this Part

6. Section 10 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) In sub-section (1), ‘damages’ does not include—

(a) compensation under the Compensation (Commonwealth Government Employees) Act 1971 or the Seamen’s Compensation Act 1911; or

(b) a pension under the Repatriation Act 1920.

“(3) Nothing in this section prevents the application of—

(a) section 99 or 100 of the Compensation (Commonwealth Government Employees) Act 1971 or section 10a of the Seamen’s Compensation Act 1911; or

(b) section 107r of the Repatriation Act 1920,

in relation to damages recovered or recoverable under this Part.”.

Application of Part

7. Section 11 of the Principal Act is amended—

(a) by omitting sub-section (3) and substituting the following sub-section:

“(3) This Part does not apply in relation to the death of, or injury to, a person in circumstances entitling any dependant of the person, or the person, to pension under the Repatriation Act 1920 (other than Division 10 of Part III), the Repatriation (Far East Strategic Reserve) Act 1956 or the Repatriation (Special Overseas Service) Act 1962.”; and

(b) by omitting sub-section (5).

Limitation of amount recoverable under this Part

8. (1) Section 14 of the Principal Act is amended by omitting sub-section (1) and substituting the following sub-section:

“(1) The maximum liability of the Commonwealth or a Commonwealth authority under this Part in respect of any one person, by reason of his death or injury resulting from an accident, is—

(a) where paragraph (b) does not apply—$100,000; or

(2) Section 14 of the Principal Act continues to operate in relation to the liability imposed on the Commonwealth, or on a Commonwealth authority, by section 12 of the Air Accidents (Commonwealth Government Liability) Act 1963 in respect of an accident that took place before the date of commencement of this Act.

Liability of Commonwealth, &c, independently of this Part

9. Section 15 of the Principal Act is amended by omitting sub-sections (2) and (3) and substituting the following sub-sections:

“(2) In sub-section (1), ‘damages’ does not include—

(a) compensation under the Compensation (Commonwealth Government Employees) Act 1971 or the Seamen’s Compensation Act 1911; or

(b) a pension under the Repatriation Act 1920.

“(3) Nothing in this section prevents the application of—

(a) section 99 or 100 of the Compensation (Commonwealth Government Employees) Act 1971 or section 10a of the Seamen’s Compensation Act 1911; or

(b) section 107r of the Repatriation Act 1920,

in relation to damages recovered or recoverable under this Part.”.

Formal amendments

10. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 10

FORMAL AMENDMENTS

Provision	Amendment
Sub-section 6 (1)....	Omit “1959-1962”, substitute “1959”.
Section 7.........	Omit “1959-1962”, substitute “1959”.
Section 7.........	Omit “sub-section (1) of section 32”, substitute “sub-section 32 (1)”.
Sub-section 9 (1)....	Omit “1959-1962” (wherever occurring), substitute “1959”.
Sub-section 9 (2)....	Omit “1959-1962”, substitute “1959”.
Sub-section 9 (2)....	Omit “the next succeeding section”, substitute “section 10”.
Sub-paragraph 11 (1) (a) (i)	Omit “Compensation (Australian Government Employees) Act 1971-1973”, substitute “Compensation (Commonwealth Government Employees) Act 1971”.
Sub-paragraph 11 (1) (a) (ii)	Omit “1911-1960”, substitute “1911”.
Sub-section 11 (2)...	Omit “1959-1962”, substitute “1959”.
Sub-section 11 (4)...	Omit “paragraph (a), (b) or (c) of sub-section (1)”. substitute “paragraph (1) (a), (b)or(c)”.
Section 13........	Omit “1959-1962”, substitute “1959”.
Paragraph 16 (1) (c)..	Omit “the next succeeding sub-section”, substitute “sub-section (2)”.
Sub-section 16 (3)...	Omit “the last preceding sub-section”, substitute “sub-section (2)”.

NOTE

1. No. 74, 1963, as amended. For previous amendments, see No. 93, 1966; No. 56, 1970; No. 50, 1971; Nos. 134 and 216, 1973; No. 127, 1976; and Nos. 36 and 69, 1978.

Overview

The Air Accidents (Commonwealth Government Liability) Amendment Act 1982 was enacted to amend the Air Accidents (Commonwealth Government Liability) Act 1963, addressing certain gaps in the existing legislation. This Act was passed by the Queen, with the assent of the Senate and the House of Representatives of the Commonwealth of Australia, on 6 September 1982. The primary objective of this amendment was to update and refine the provisions governing liability in relation to air accidents involving Commonwealth authorities and their employees. This included adjustments to definitions, limitations on the amount recoverable, and specific exclusions for certain categories of individuals. The legislation aims to ensure that the law remains current and adequately addresses the evolving nature of air travel and related incidents.

Scope and Application

The Air Accidents (Commonwealth Government Liability) Amendment Act 1982 amends the Air Accidents (Commonwealth Government Liability) Act 1963, primarily adjusting the scope of liability for the Commonwealth and its authorities in relation to air accidents. This Act applies to the Commonwealth and any Commonwealth authorities in the event of an accident involving an aircraft. It pertains to the death or injury of persons on board, specifically excluding Commonwealth or corporate employees engaged in commercial transport operations and their crew members. The Act sets a maximum liability of $100,000 for any one person injured or killed in an accident, unless a higher amount is prescribed by a regulation under the Civil Aviation (Carriers’ Liability) Act 1959. Additionally, the Act excludes from its purview those who are entitled to pensions under specific repatriation acts, thereby restricting the application to those not covered by those acts. The Act’s provisions can be further extended or restricted through subordinate instruments, which may provide for additional definitions, exceptions, or modifications to liability limits.

Key Provisions

The Air Accidents (Commonwealth Government Liability) Amendment Act 1982 amends the Air Accidents (Commonwealth Government Liability) Act 1963, modifying various provisions to address the liability of the Commonwealth government and Commonwealth authorities in the event of air accidents. The amendment Act introduces new definitions, modifies existing ones, and adjusts the scope and limitations of the Principal Act. For instance, it adds definitions for "aircraft crew member" and "commercial transport operations" (s.3). The Act also changes the circumstances under which the Principal Act does not apply, specifically excluding cases where a person is entitled to a pension under certain repatriation acts (s.4, s.7). Regarding the financial limits, the Act sets the maximum liability of the Commonwealth or a Commonwealth authority at $100,000 per person for death or injury due to an accident, unless a higher amount is prescribed by regulation (s.5(1), s.8(1)). The Act also clarifies that the provisions do not apply to compensation under certain acts, such as the Compensation (Commonwealth Government Employees) Act 1971, and pensions under the Repatriation Act 1920 (s.6(2), s.9(2)). The Act imposes several obligations on the Commonwealth and Commonwealth authorities, primarily ensuring that they are liable within specified limits for air accidents. These obligations include the duty to provide compensation for death or injury resulting from accidents, subject to the limitations set out in the Act. The Act also ensures that the provisions do not apply in certain circumstances, such as when a person is entitled to a pension under specified repatriation acts. The Act’s obligations are intended to balance the need for compensation with the protection of certain entitlements, ensuring that the Commonwealth's liability is not unduly expanded. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Air Accidents (Commonwealth Government Liability) Amendment Act 1982 for breaches of the Act. However, the Act’s provisions on liability and limitation of amounts recoverable set clear parameters within which the Commonwealth and Commonwealth authorities must operate. Any failure to adhere to these provisions could potentially result in legal challenges regarding the adequacy of compensation provided in the event of an air accident. The Act ensures that the Commonwealth’s liability is constrained to a maximum of $100,000 per person, subject to regulatory adjustments, and exempts certain pension entitlements from its application, thereby maintaining a structured approach to liability in air accident cases.

Area of Law: Civil Litigation & Procedure; Commercial Law
Instrument: Amending Act
Concepts: Definitions & Interpretation; Commencement Provisions; Repeal & Amendment; Liability of Commonwealth, &c, independently of this Part; Limitation of amount recoverable under this Part

Interactions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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