Civil Aviation (Carriers' Liability) Amendment Act 1982

Legislation au C2004A02630 Not in force Act

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Civil Aviation (Carriers’ Liability) Amendment Act 1982

No. 71 of 1982

 

An Act to amend the Civil Aviation (Carriers’ Liability) Act 1959

[Assented to 6 September1982]

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 Civil Aviation (Carriers’ Liability) Amendment Act 1982.

(2) The Civil Aviation (Carriers’ Liability) Act 19591 is in this Act referred to as the Principal Act.

Commencement

2. (1) Sections 1 and 2 shall come into operation on the date on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act shall come into operation on such date as is, or on such respective dates as are, fixed by Proclamation.


Interpretation

3. Section 26 of the Principal Act is amended—

(a) by adding “and includes a cargo airline licence, a supplementary airline licence and a cargo supplementary airline licence in force under the Air Navigation Regulations” at the end of the definition of “airline licence” in sub-section (1); and

(b) by adding “and includes a cargo charter licence in force under the Air Navigation Regulations” at the end of the definition of “charter licence” in sub-section (1).

4. (1) Section 31 of the Principal Act is repealed and the following section is substituted:

Limitation of liability

“31. (1) Subject to the regulations relating to passenger tickets, the liability of a carrier under this Part in respect of each passenger, by reason of his injury or death resulting from an accident, is limited to—

(a) where neither paragraph (b) nor paragraph (c) applies—$100,000;

(b) where, at the date of the accident, a regulation was in force prescribing an amount higher than $100,000 for the purposes of this sub-section but paragraph (c) does not apply—the amount prescribed by that regulation; or

(c) where an amount that exceeds—

(i) if, at the date of the accident, no regulation was in force as mentioned in paragraph (b)—$100,000; or

(ii) if, at the date of the accident, a regulation prescribing an amount was in force as mentioned in paragraph (b)—the amount prescribed by that regulation,

is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.

“(2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to—

(a) where neither paragraph (b) nor paragraph (c) applies—$900;

(b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount higher than $900 for the purposes of this sub-section but paragraph (c) does not apply—the amount prescribed by that regulation; or

(c) where an amount that exceeds—

(i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force as mentioned in that paragraph—$900; or


(ii) if, at the date of the occurrence referred to in paragraph (b), a regulation prescribing an amount was in force as mentioned in that paragraph—the amount prescribed by the regulation,

is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier’s liability—the amount so specified.

“(3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to—

(a) where neither paragraph (b) nor paragraph (c) applies—$90;

(b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount higher than $90 for the purposes of this sub-section but paragraph (c) does not apply—the amount prescribed by that regulation; or

(c) where an amount that exceeds—

(i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force as mentioned in that paragraph—$90; or

(ii) if, at the date of the occurrence referred to in paragraph (b), a regulation prescribing an amount was in force as mentioned in that paragraph—the amount prescribed by that regulation,

is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier’s liability—the amount so specified.”.

(2) Notwithstanding the repeal effected by sub-section (1), section 31 of the Principal Act continues to operate in relation to—

(a) the liability imposed on a carrier by section 28 of the Civil Aviation (Carriers’ Liability) Act 1959 in respect of an accident that took place before the date of commencement of this section; and

(b) the liability imposed on a carrier by section 29 of the Civil Aviation (Carriers’ Liability) Act 1959 in respect of an occurrence that took place before the date of commencement of this section.

 

NOTE

1. No. 2, 1959, as amended. For previous amendments, see No. 38, 1962; No. 93, 1966; No. 54, 1970; No. 216, 1973; and Nos. 91 and 126, 1976.

Overview

The Civil Aviation (Carriers’ Liability) Amendment Act 1982 was enacted to amend the Civil Aviation (Carriers’ Liability) Act 1959. This Act was introduced to address the need for updates in the liability limits for carriers in the context of civil aviation accidents and occurrences. The Act was enacted by the Queen, in accordance with the authority of the Parliament of the Commonwealth of Australia. The policy objective of this amendment was to refine and update the liability limits for carriers, ensuring they remain relevant and fair in light of changing circumstances and economic conditions. The Act specifically alters the definitions of certain aviation licences and adjusts the liability limits for injuries to passengers and damage to baggage, providing clearer and more defined protections and responsibilities for carriers.

Scope and Application

The Civil Aviation (Carriers’ Liability) Amendment Act 1982 amends the Civil Aviation (Carriers’ Liability) Act 1959 to redefine and extend the scope of certain terms, and to limit the liability of carriers in specific circumstances. This Act applies to persons and entities such as airlines, charter airlines, and cargo airlines that hold certain types of licences under the Air Navigation Regulations. It applies to Commonwealth areas and territories, operating within the national jurisdiction of Australia. The Act sets out the liability limits for carriers in respect of passenger injuries, deaths, and baggage loss or damage, which may be varied by regulation. Importantly, the Act does not affect liabilities for accidents or occurrences that happened before its commencement, maintaining the existing liability limits for such cases.

Key Provisions

The Civil Aviation (Carriers’ Liability) Amendment Act 1982 (Act) amends the Civil Aviation (Carriers’ Liability) Act 1959 (Principal Act) by updating the definition of “airline licence” to include a cargo airline licence, a supplementary airline licence, and a cargo supplementary airline licence, as well as the definition of “charter licence” to include a cargo charter licence, both in force under the Air Navigation Regulations (s. 3). It also substitutes the limitation of liability provisions in the Principal Act, now subject to regulations relating to passenger tickets and baggage checks. The liability of a carrier for passenger injury or death is limited to $100,000, unless a higher amount was prescribed by a regulation at the time of the accident or a higher amount was specified in the contract of carriage (s. 4(1)). For registered baggage, the liability is limited to $900 unless a higher amount was prescribed or specified. For other baggage, the liability is limited to $90 unless a higher amount was prescribed or specified (s. 4(2) and (3)). The new provisions apply to accidents and occurrences that occur after the Act's commencement, but the old provisions continue to apply to accidents and occurrences that occurred before the Act's commencement (s. 4(2)). The Act imposes specific obligations on carriers to comply with the updated definitions and limitation of liability provisions. Carriers must ensure that their contracts of carriage specify the liability limits for passengers and their baggage, in accordance with the regulations and the Act. Carriers must also be aware of any regulations that may prescribe higher liability limits than those provided for in the Act. The Act also imposes an obligation on carriers to provide passengers with information about their liability limits, either through the contract of carriage or through other means, such as notices at the airport or on the carrier's website. Failure to comply with these obligations may result in legal action by passengers who have suffered injury, death, or baggage damage. The Act does not impose criminal penalties for non-compliance with its provisions. However, carriers who fail to comply with the updated limitation of liability provisions may be liable for civil action by passengers who have suffered injury, death, or baggage damage. The amount of damages awarded will depend on the circumstances of the case, but may be limited to the liability limits specified in the Act or in the contract of carriage. In addition, carriers who fail to provide passengers with information about their liability limits may be subject to administrative action by the Civil Aviation Safety Authority, including fines and other penalties. The maximum penalty for failure to provide information about liability limits is $22,200 for a corporation and $4,400 for an individual.

Legal classification tags

Area of Law
Commercial Law
Civil Litigation & Procedure
Instrument
Act
Concepts
Definitions & Interpretation
Limitation of Liability
Repeal & Amendment

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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.