EXPLANATORY STATEMENT
Proclamation
Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008
Item 2 of the table in subsection 2(1) of the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 (the Act) provides that Schedule 1 and Schedule 2 to the Act will commence on a day to be fixed by Proclamation, provided that that day is not before the Convention for the Unification of Certain Rules for International Carriage by Air, done at Montreal on 28 May 1999 (the 1999 Montreal Convention) enters into force for Australia. If the provisions have not commenced by Proclamation within the 6 month period beginning on the day on which the 1999 Montreal Convention enters into force for Australia, they will commence automatically on the first day after the end of that 6 month period. The Act received the Royal Assent on 12 July 2008.
The purpose of the Proclamation is to fix 24 January 2009 as the day on which Schedules 1 and 2 to the Act commence. Schedules 1 and 2 contain the operative provisions of the Act.
The Act implements the 1999 Montreal Convention, which provides a modern and consolidated framework for the liability of air carriers for:
- injury or death of a passenger;
- loss or damage to cargo and baggage; and
- damage caused by delay in the scheduled arrival of a passenger, baggage and freight;
which occurs in the course of international air carriage.
Schedule 1 to the Act makes the necessary amendments to the Civil Aviation (Carriers’ Liability) Act 1959 to implement the 1999 Montreal Convention, whilst Schedule 2 amends the Civil Aviation (Carriers’ Liability) Act 1959 to modernise the language of the Act to recognise the nature of contemporary family structures. This is achieved by introducing a definition of ‘family member’.
The commencement date will coincide with entry into force of the 1999 Montreal Convention for Australia. Article 53 of the 1999 Montreal Convention provides that the Convention will enter into force for Australia 60 days after the International Civil Aviation Organisation (ICAO) receives Australia’s formal instrument of accession. Australia’s formal instrument of accession was lodged with ICAO on 25 November 2008, so that the Convention will enter into force for Australia on 24 January 2009.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.