CIVIL AVIATION (CARRIERS’ LIABILITY)
AMENDMENT ACT 1976
No. 126 of 1976
An Act to amend the Civil Aviation (Carriers’ Liability) Act 1959-1973.
BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—
Short title and citation.
1. (1) This Act may be cited as the Civil Aviation (Carriers’ Liability) Amendment Act 1976.
(2) The Civil Aviation (Carriers’ Liability) Act 1959-1973 is in this Act referred to as the Principal Act.
(3) The Principal Act, as amended by this Act, may be cited as the Civil Aviation (Carriers’ Liability) Act 1959-1976.
Commencement.
2. This Act shall come into operation on the day on which it receives the Royal Assent.
Limitation of liability.
3. (1) Section 31 of the Principal Act is amended by omitting from sub-section (1) the words “Thirty thousand dollars” and substituting the figures “$45,000”.
(2) The amendment made by sub-section (1) does not apply in relation to an accident or occurrence that took place before the commencement of this Act.
Formal amendments.
4. The Principal Act is amended as set out in the Schedule.
SCHEDULE Section 4
FORMAL AMENDMENTS
1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act or of another Act and substituting that number expressed in figures:—
Sections 12(2), 19, 20(2), 22(3), 24, 25(2), 25b, 29(4) and (5), 33(1), 35(2) and 40(c).
2. The following provisions of the Principal Act are amended by omitting the words “of this Act” and “of this section” (wherever occurring):—
Sections 2, 12(2) and (5), 16(6), 20(2), 24, 25a, 29(4) and (5), 30(4), 33(1), 35(2) and (5), 39(5), 40(c) and 42(1).
3. The Principal Act is further amended as set out in the following table:—
Provision | Amendment |
Section 5................ | (a) From the definition of “the Guadalajara Convention” omit “the eighteenth day of September, One thousand nine hundred and sixty-one”, substitute “18 September 1961”. |
(b) From the definition of “the Hague Protocol” omit “the twenty-eighth day of September, One thousand nine hundred and fifty-five”, substitute “28 September 1955”. |
(c) From the definition of “the Warsaw Convention” omit “the twelfth day of October, One thousand nine hundred and twenty-nine,”, substitute “12 October 1929”. |
Sub-section 9(1)........... | (a) Omit “of this section”. |
(b) Omit “the First Schedule to this Act”, substitute “Schedule 1”. |
Sub-section 9(2)........... | Omit “the Second Schedule to this Act”, substitute “Schedule 2”. |
Sub-section 9(2a)........... | Omit “the Third Schedule to this Act”, substitute “Schedule 3”. |
Sub-section 9(3)........... | Omit “the First, Second or Third Schedule to this Act”, substitute “Schedule 1, 2 or 3”. |
Sub-section 31(2)........... | Omit “Three hundred dollars”, substitute “$300”. |
Sub-section 31(3)........... | Omit “Thirty dollars”, substitute “$30”. |
The Schedules............. | (a) Omit the heading “THE SCHEDULES”, substitute “SCHEDULES”. |
(b) Omit the heading “FIRST SCHEDULE”, substitute “SCHEDULE 1”. |
(c) Omit the heading “SECOND SCHEDULE”, substitute “SCHEDULE 2”. |
(d) Omit the heading “THIRD SCHEDULE”, substitute “SCHEDULE 3”. |
Overview
The Civil Aviation (Carriers’ Liability) Amendment Act 1976 was enacted by the Queen, in conjunction with the Senate and House of Representatives of the Commonwealth of Australia. This Act aimed to amend the Civil Aviation (Carriers’ Liability) Act 1959-1973, updating the legislation to address contemporary issues in civil aviation liability. The primary change introduced by this amendment was an increase in the monetary limit of liability for carriers from $30,000 to $45,000, reflecting inflation and the evolving economic landscape since the original enactment. This amendment ensures that the legislation remains relevant and provides adequate protection for passengers in the event of accidents or occurrences. The policy objective underpinning this Act was to enhance the legal framework governing carriers’ liability, thereby offering more comprehensive protection to passengers and stakeholders within the civil aviation industry.
Scope and Application
The Civil Aviation (Carriers’ Liability) Amendment Act 1976 applies to carriers involved in international air transportation and amends the Civil Aviation (Carriers’ Liability) Act 1959-1973. This Act pertains specifically to the liability of air carriers for damage caused by accidents occurring during the course of international carriage of passengers, baggage, and goods by air, as well as for delay in the carriage of these items. The jurisdictional reach of this Act is Commonwealth-wide, meaning it applies across Australia and affects all entities and persons involved in international air transportation under Australian jurisdiction. This includes airlines, passengers, and any other parties involved in the carriage of passengers, baggage, and goods by air. Notably, the Act does not specify any exclusions, exemptions, or thresholds that would limit its application to certain entities or transactions, but rather extends its purview broadly across the sector. The Act also extends its application through subordinate instruments, which may provide further clarification or additional provisions to support the primary objectives of the legislation.
Key Provisions
The Civil Aviation (Carriers’ Liability) Amendment Act 1976 (Act) primarily amends the Civil Aviation (Carriers’ Liability) Act 1959-1973 (Principal Act) in several ways. Firstly, it updates the limitation of liability for carriers from $30,000 to $45,000, as outlined in section 3 of the Act. This amendment applies to accidents or occurrences that take place after the Act comes into operation. The amendment ensures that the monetary cap on liability for carriers is adjusted to reflect changes in economic conditions and to provide more adequate compensation to passengers. However, it is crucial to note that this change does not apply retroactively to accidents or occurrences that happened before the Act's commencement.
The Act also incorporates formal amendments to the Principal Act, as detailed in the Schedule. These formal amendments involve changing the way certain sections and schedules are referenced. For instance, sections of the Principal Act are now referenced using numerical figures instead of words, and references to schedules are updated to reflect this change. Additionally, specific dates in the definitions of international conventions are changed from being written in words to being expressed in numerical format. These formal amendments aim to enhance the clarity and consistency of the Principal Act.
Furthermore, the Act imposes specific obligations and requirements on carriers. Carriers must now adhere to the updated limitation of liability, ensuring that they are aware of the financial cap on their liability for accidents or occurrences that occur post the Act's commencement. This requirement is essential to provide a clear understanding of the financial exposure carriers face in the event of accidents or incidents.
Breach of the provisions in the Act can lead to civil consequences for carriers. If a carrier fails to comply with the updated limitation of liability, passengers may pursue legal action seeking compensation beyond the stipulated limit, potentially exposing the carrier to financial risks. It is essential for carriers to be aware of and comply with the Act's requirements to avoid such consequences. The Act does not explicitly state any criminal penalties or offences for breach, but non-compliance with the updated liability limit could result in civil litigation from affected passengers.