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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Aviation Legislation Amendment
(Liability and Insurance) Bill 2020
No. , 2020
(Infrastructure, Transport and Regional Development)
A Bill for an Act to amend the law relating to
aviation, and for related purposes
No. , 2020
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Liability limits
3
Air Accidents (Commonwealth Government Liability) Act 1963
3
Civil Aviation (Carriers' Liability) Act 1959
3
Part 2--Insurance exclusions
9
Civil Aviation (Carriers' Liability) Act 1959
9
Part 3--Servants and agents
10
Civil Aviation (Carriers' Liability) Act 1959
10
No. , 2020
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
1
A Bill for an Act to amend the law relating to
1
aviation, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Aviation Legislation Amendment (Liability and
5
Insurance) Act 2020
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
No. , 2020
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
Liability limits
Part 1
No. , 2020
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
3
Schedule 1--Amendments
1
Part 1--Liability limits
2
Air Accidents (Commonwealth Government Liability) Act
3
1963
4
1 Paragraphs 8(1)(a) and (b)
5
Repeal the paragraphs, substitute:
6
(a) the amount applicable under subsection 31(1AA) of the
Civil
7
Aviation (Carriers' Liability) Act 1959
, unless paragraph (b)
8
applies; or
9
(b) if, at the date of the accident, a regulation was in force under
10
the
Civil Aviation (Carriers' Liability) Act 1959
prescribing
11
an amount for the purposes of paragraph 31(1)(b) of that Act
12
and that amount is higher than the amount applicable under
13
subsection 31(1AA) of that Act--the amount so prescribed.
14
2 Paragraphs 14(1)(a) and (b)
15
Repeal the paragraphs, substitute:
16
(a) the amount applicable under subsection 31(1AA) of the
Civil
17
Aviation (Carriers' Liability) Act 1959
, unless paragraph (b)
18
applies; or
19
(b) if, at the date of the accident, a regulation was in force under
20
the
Civil Aviation (Carriers' Liability) Act 1959
prescribing
21
an amount for the purposes of paragraph 31(1)(b) of that Act
22
and that amount is higher than the amount applicable under
23
subsection 31(1AA) of that Act--the amount so prescribed.
24
Civil Aviation (Carriers' Liability) Act 1959
25
3 Paragraph 31(1)(a)
26
Repeal the paragraph, substitute:
27
(a) if none of paragraphs (b), (c) and (d) applies--the amount
28
applicable under subsection (1AA); or
29
Schedule 1
Amendments
Part 1
Liability limits
4
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
No. , 2020
4 Paragraph 31(1)(b)
1
Omit "higher than $725,000 for the purposes of this subsection but",
2
substitute "for the purposes of this paragraph and that amount is higher
3
than the amount applicable under subsection (1AA) and".
4
5 Paragraph 31(1)(c)
5
Omit "$725,000", substitute "the amount applicable under
6
subsection (1AA)".
7
6 Paragraph 31(1)(d)
8
Repeal the paragraph, substitute:
9
(d) if, at the date of the accident, a regulation was in force under
10
paragraph (b) prescribing an amount and that amount is
11
higher than the amount applicable under subsection (1AA)
12
but the contract of carriage under which the passenger was
13
carried specified the limit of the carrier's liability as an
14
amount that exceeds the amount so prescribed--the amount
15
so specified.
16
7 After subsection 31(1)
17
Insert:
18
(1AA) The amount applicable under this subsection is:
19
(a) $925,000, unless paragraph (b) applies; or
20
(b) if the regulations provide for indexation in relation to that
21
dollar amount--the indexed amount worked out in
22
accordance with the regulations.
23
8 Paragraph 31(1A)(a)
24
Repeal the paragraph, substitute:
25
(a) if none of paragraphs (b), (c) and (d) applies--the number of
26
SDRs applicable under subsection (1B); or
27
9 Paragraph 31(1A)(b)
28
Omit "that exceeds 260,000 for the purpose of this section", substitute
29
"for the purposes of this paragraph and that number exceeds the number
30
of SDRs applicable under subsection (1B)".
31
Amendments
Schedule 1
Liability limits
Part 1
No. , 2020
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
5
10 Paragraph 31(1A)(c)
1
Omit "260,000", substitute "the number of SDRs applicable under
2
subsection (1B)".
3
11 Paragraph 31(1A)(d)
4
Omit "prescribing a number of SDRs exceeding 260,000 was in force
5
under paragraph (b)", substitute "was in force under paragraph (b)
6
prescribing a number of SDRs and that number exceeds the number of
7
SDRs applicable under subsection (1B)".
8
12 After subsection 31(1A)
9
Insert:
10
(1B) The number of SDRs applicable under this subsection is:
11
(a) 480,000, unless paragraph (b) applies; or
12
(b) if the regulations provide for indexation in relation to that
13
number--the indexed number worked out in accordance with
14
the regulations.
15
13 Paragraph 31(2)(a)
16
Repeal the paragraph, substitute:
17
(a) if neither paragraph (b) nor (c) applies--the amount
18
applicable under subsection (2A); or
19
14 Paragraph 31(2)(b)
20
Omit "higher than $900 for the purposes of this subsection but",
21
substitute "for the purposes of this paragraph and that amount is higher
22
than the amount applicable under subsection (2A) and".
23
15 Subparagraph 31(2)(c)(i)
24
Omit "as mentioned in that paragraph--$900", substitute "under that
25
paragraph--the amount applicable under subsection (2A)".
26
16 Subparagraph 31(2)(c)(ii)
27
Omit "a regulation prescribing an amount was in force as mentioned in
28
that paragraph", substitute "a regulation was in force under that
29
paragraph prescribing an amount and that amount is higher than the
30
amount applicable under subsection (2A)".
31
Schedule 1
Amendments
Part 1
Liability limits
6
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
No. , 2020
17 After subsection 31(2)
1
Insert:
2
(2A) The amount applicable under this subsection is:
3
(a) $3,000, unless paragraph (b) applies; or
4
(b) if the regulations provide for indexation in relation to that
5
dollar amount--the indexed amount worked out in
6
accordance with the regulations.
7
18 Paragraph 31(3)(a)
8
Repeal the paragraph, substitute:
9
(a) if neither paragraph (b) nor (c) applies--the amount
10
applicable under subsection (4); or
11
19 Paragraph 31(3)(b)
12
Omit "higher than $90 for the purposes of this subsection but",
13
substitute "for the purposes of this paragraph and that amount is higher
14
than the amount applicable under subsection (4) and".
15
20 Subparagraph 31(3)(c)(i)
16
Omit "as mentioned in that paragraph--$90", substitute "under that
17
paragraph--the amount applicable under subsection (4)".
18
21 Subparagraph 31(3)(c)(ii)
19
Omit "a regulation prescribing an amount was in force as mentioned in
20
that paragraph", substitute "a regulation was in force under that
21
paragraph prescribing an amount and that amount is higher than the
22
amount applicable under subsection (4)".
23
22 At the end of section 31
24
Add:
25
(4) The amount applicable under this subsection is:
26
(a) $300, unless paragraph (b) applies; or
27
(b) if the regulations provide for indexation in relation to that
28
dollar amount--the indexed amount worked out in
29
accordance with the regulations.
30
Amendments
Schedule 1
Liability limits
Part 1
No. , 2020
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
7
23 Paragraphs 41C(3)(aa), (a) and (b)
1
Repeal the paragraphs, substitute:
2
(a) in respect of carriage by a carrier to which Part IA applies:
3
(i) the number of SDRs applicable under subsection (3A),
4
unless subparagraph (ii) applies; or
5
(ii) if the regulations prescribe a number of SDRs for the
6
purposes of this subparagraph and that number exceeds
7
the number of SDRs applicable under
8
subsection (3A)--the number of SDRs so prescribed; or
9
(b) in respect of carriage by a domestic carrier to which Part IV
10
applies:
11
(i) the amount applicable under subsection (3B), unless
12
subparagraph (ii) applies; or
13
(ii) if the regulations prescribe an amount for the purposes
14
of this subparagraph and that amount is higher than the
15
amount applicable under subsection (3B)--the amount
16
so prescribed; or
17
(c) in respect of any other carriage:
18
(i) the number of SDRs applicable under subsection (3A),
19
unless subparagraph (ii) applies; or
20
(ii) if the regulations prescribe a number of SDRs for the
21
purposes of this subparagraph and that number exceeds
22
the number of SDRs applicable under
23
subsection (3A)--the number of SDRs so prescribed.
24
24 After subsection 41C(3)
25
Insert:
26
(3A) The number of SDRs applicable under this subsection is:
27
(a) 480,000, unless paragraph (b) applies; or
28
(b) if the regulations provide for indexation in relation to that
29
number--the indexed number worked out in accordance with
30
the regulations.
31
(3B) The amount applicable under this subsection is:
32
(a) $925,000, unless paragraph (b) applies; or
33
(b) if the regulations provide for indexation in relation to that
34
dollar amount--the indexed amount worked out in
35
accordance with the regulations.
36
Schedule 1
Amendments
Part 1
Liability limits
8
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
No. , 2020
25 Application provisions
1
(1)
The amendments of the
Air Accidents (Commonwealth Government
2
Liability) Act 1963
made by this Part apply in relation to an accident
3
that takes place on or after the commencement of this item.
4
(2)
The amendments made by items 3 to 12 apply in relation to an accident
5
that takes place on or after the commencement of this item.
6
(3)
The amendments made by items 13 to 22 apply in relation to the
7
destruction or loss of, or injury to, baggage, where the occurrence that
8
caused the destruction, loss, or injury takes place on or after the
9
commencement of this item.
10
(4)
The amendments of section 41C of the
Civil Aviation (Carriers'
11
Liability) Act 1959
made by this Part apply in relation to a
12
passenger-carrying operation engaged in, or proposed to be engaged in,
13
on or after the commencement of this item.
14
Amendments
Schedule 1
Insurance exclusions
Part 2
No. , 2020
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
9
Part 2--Insurance exclusions
1
Civil Aviation (Carriers' Liability) Act 1959
2
26 Section 41D
3
Before "Except as prescribed by the regulations", insert "(1)".
4
27 At the end of section 41D
5
Add:
6
Regulations may provide for Secretary to determine exclusions
7
(2) Without limiting the regulations that may be made for the purposes
8
of subsection (1), the regulations may confer a power on the
9
Secretary of the Department to make a determination, by
10
legislative instrument, in relation to exclusions of liability.
11
(3) If the regulations make provision as mentioned in subsection (2),
12
the regulations may also provide for the Secretary of the
13
Department to delegate that power to a SES employee, or an acting
14
SES employee, in the Department.
15
Note:
The expressions
SES employee
and
acting SES employee
are defined
16
in section 2B of the
Acts Interpretation Act 1901
.
17
Schedule 1
Amendments
Part 3
Servants and agents
10
Aviation Legislation Amendment (Liability and Insurance) Bill 2020
No. , 2020
Part 3--Servants and agents
1
Civil Aviation (Carriers' Liability) Act 1959
2
28 Subsection 33(1)
3
Omit "limits of liability, if any, which the carrier would be entitled to
4
invoke under section 31", substitute "conditions of liability, and the
5
limits of liability, that the carrier would be entitled to invoke under this
6
Part".
7
29 Subsection 33(2)
8
Omit "the last preceding subsection", substitute "subsection (1)".
9
30 Subsection 33(3)
10
Omit "the next succeeding section", substitute "section 34".
11
31 Application provision
12
The amendments of section 33 of the
Civil Aviation (Carriers' Liability)
13
Act 1959
made by this Part apply in relation to actions brought on or
14
after the commencement of this item.
15