Damage by Aircraft Act 1999
No. 107, 1999 as amended
Compilation start date: 31 March 2013
Includes amendments up to: Act No. 191, 2012
About this compilation
The compiled Act
This is a compilation of the Damage by Aircraft Act 1999 as amended and in force on 31 March 2013. It includes any amendment affecting the compiled Act to that date.
This compilation was prepared on 31 March 2013.
The notes at the end of this compilation (the endnotes) include information about amending Acts and instruments and the amendment history of each amended provision.
Uncommenced provisions and amendments
If a provision of the compiled Act is affected by an uncommenced amendment, the text of the uncommenced amendment is set out in the endnotes.
Application, saving and transitional provisions for amendments
If the operation of an amendment is affected by an application, saving or transitional provision, the provision is set out in the endnotes.
Modifications
If a provision of the compiled Act is affected by a textual modification that is in force, the text of the modifying provision is set out in the endnotes.
Provisions ceasing to have effect
If a provision of the compiled Act has expired or otherwise ceased to have effect in accordance with a provision of the Act, details of the provision are set out in the endnotes.
Contents
1 Short title
2 Commencement
3 Object of Act
4 Definitions
5 Meaning of in flight
6 Meaning of operator
7 Use of an aircraft by employees
8 Act binds the Crown
9 Application of Act
10 Liability for injury, loss etc.
11 Recovery of damages without proof of intention, negligence etc.
11A Contributory negligence
11B Right of contribution
12 Regulations
Endnotes
Endnote 1—Legislation history
Endnote 2—Amendment history
Endnote 3—Application, saving and transitional provisions
Endnote 4—Uncommenced amendments
Endnote 5—Misdescribed amendments
An Act relating to liability for certain injury, loss, damage or destruction by aircraft, and for related purposes
1 Short title
This Act may be cited as the Damage by Aircraft Act 1999.
2 Commencement
(1) Subject to this section, this Act commences on a day to be fixed by Proclamation.
(2) The day fixed under subsection (1) must not be a day that occurs before the day on which Australia’s denunciation of the Convention on Damage caused by Foreign Aircraft to third Parties on the Surface takes effect.
3 Object of Act
The main object of this Act is to facilitate the recovery of damages for certain injury, loss, damage or destruction caused by aircraft, or by people, animals or things that are dropped, or that fall, from aircraft that are in flight.
4 Definitions
In this Act, unless the contrary intention appears:
aircraft has the same meaning as in the Civil Aviation Act 1988, but does not include model aircraft.
Australian territory has the same meaning as in the Air Navigation Act 1920.
Commonwealth aircraft means an aircraft, other than a Defence Force aircraft, that is:
(a) in the possession or under…
Overview
The Damage by Aircraft Act 1999 was enacted to address the issue of liability for injury, loss, damage, or destruction caused by aircraft or objects dropped from aircraft while in flight. The primary objective of this Act, as stated, is to facilitate the recovery of damages in such instances. It was introduced by the Parliament of Australia and applies to various types of aircraft within Australian territory, excluding Defence Force aircraft. The Act allows for the recovery of damages without the need to prove intention, negligence, or other causes of action, thereby simplifying the legal process for victims. It also includes provisions for contributory negligence and the right of contribution among liable parties. This legislation ensures that victims can seek compensation more effectively by holding operators and owners of aircraft accountable for accidents occurring during flight.
Scope and Application
The Damage by Aircraft Act 1999 applies to acts, omissions, matters and things within Australian territory, including each external Territory, but does not apply to Defence Force aircraft. This Act binds the Crown in each of its capacities and applies to a variety of aircraft including Commonwealth aircraft, foreign aircraft, and aircraft owned by a foreign or trading corporation. The Act facilitates the recovery of damages for injury, loss, damage or destruction caused by aircraft in flight or by objects dropped or falling from such aircraft. Liability for these damages can be imposed on the operator of the aircraft, the owner, the person who authorised the use of the aircraft, or the person entitled to control the navigation of the aircraft, depending on the circumstances. However, if the person authorised to use the aircraft did not have the exclusive right to use it for more than 14 consecutive days, and the person who retained control of the aircraft's navigation took all reasonable steps to prevent unauthorised use, they may not be held liable. Furthermore, the Act allows for the recovery of damages without proof of intention, negligence, or other cause of action, and includes provisions for contributory negligence and the right of contribution among joint and severally liable parties. The Governor-General has the authority to make regulations necessary or convenient to carry out or give effect to this Act.
Key Provisions
- The Damage by Aircraft Act 1999 (the Act) provides a statutory framework for the recovery of damages for injury, loss, damage, or destruction caused by aircraft or objects falling from aircraft in flight. Section 10 outlines the circumstances under which liability for such incidents is triggered, which includes impacts with aircraft in flight, parts of aircraft that were in flight, or objects that fall from aircraft in flight. This liability extends to the operator of the aircraft, the owner of the aircraft, and any person who authorised the use of the aircraft if certain conditions are met. Notably, an employer is considered the user of an aircraft if an employee uses it during the course of employment, as per Section 7. The Act binds the Crown and applies to external territories, Commonwealth aircraft, and specific categories of aircraft engaged in various types of air navigation, as detailed in Section 9.
- The Act imposes several obligations on parties, including operators, owners, and those who authorise the use of aircraft. For instance, operators are required to take reasonable steps to prevent unauthorised use of their aircraft. Owners who do not actively operate the aircraft may not be held liable under certain conditions, such as when another person has the exclusive right to use the aircraft under a lease or financial arrangement. Section 11A addresses contributory negligence, allowing for the reduction of damages if the plaintiff's negligence contributed to the incident. Furthermore, Section 11B provides a right of contribution among parties who are jointly and severally liable for the same incident, enabling one party to recover part of the damages paid from others who share liability.
- Breaches of the Act can result in significant legal consequences. Section 11 allows for the recovery of damages without the need to prove intention, negligence, or other causes of action. However, if contributory negligence is established, the damages are reduced accordingly, as outlined in Section 11A. Additionally, parties who pay damages may seek contribution from others who are jointly liable, as per Section 11B. Failure to comply with the obligations and provisions of the Act may result in civil liability for damages and potentially other legal repercussions as deemed appropriate by the courts.
- Area of Law
- Aviation Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Liability for injury, loss etc.
- Recovery of damages without proof of intention, negligence etc.
