CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - made under the Civil Aviation (Carriers' Liability) Act 1959 - TABLE OF PROVISIONS 1. Name of regulations [see Note 1] 2. Commencement 3. Interpretation 4. Liability limits 5. Period for production of evidence of insurance 6. Form of evidence of insurance 7. Prescribed requirements in relation to a contract of insurance 8. Notice in relation to foreign law 9. Prescribed exclusions of insurer's liability 10. Notice of cancellation etc of contract of insurance 11. Effect of failure to give notice under regulation 10 12. Return of certificate SCHEDULE Prescribed amounts CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 1 Name of regulations [see Note 1] These regulations are the Civil Aviation (Carriers' Liability) Regulations 1991. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 2 Commencement These regulations commence on 1 February 1991. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 3 Interpretation In these regulations, unless the contrary intention appears: "the Act" means the Civil Aviation (Carriers' Liability) Act 1959. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 4 Liability limits For the purposes of the subsection of the Act specified in Column 2 of an item in the Schedule, the amount specified in Column 3 of that item is prescribed. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 5 Period for production of evidence of insurance (1) For the purposes of subsection 41C (1) of the Act, and subject to subregulations (2) and (3), the period that may be set out in a notice of the kind referred to in that subsection is 14 days beginning at the end of the day on which the carrier receives the notice. (2) If the Minister has received a notice from an insurer under regulation 10: (a) the period that may be set out in a notice under subsection 41C (1) of the Act is 3 days beginning at the end of the day on which the carrier receives the notice under that subsection; and (b) the notice must state that the Minister has received a notice under regulation 10. (3) If the Minister believes that a contract of insurance may have ceased to be in force, or may no longer meet a prescribed requirement: (a) the period that may be set out in a notice under subsection 41C (1) of the Act in relation to that contract of insurance is 1 day beginning at the end of the day on which the carrier receives the notice; and (b) the notice must include a statement that the Minister has reason to believe that the contract of insurance may have ceased to be in force or no longer meets a prescribed requirement. Note See s. 163 of the Evidence Act 1995 concerning the date on which a notice sent by post by a Commonwealth agency is presumed to be received. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 6 Form of evidence of insurance The Minister may direct in a notice under subsection 41C (1) of the Act that the carrier produce evidence that a contract of insurance that meets the prescribed requirements is in force in any of the following forms: (a) a certificate by an insurer that the insurance is in force; (b) a contract of insurance; (c) written receipt of payment of premium for the insurance; (d) any other form that the Minister considers reasonable and appropriate in the particular case. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 7 Prescribed requirements in relation to a contract of insurance (1) For the purposes of paragraph 41C (2) (b) of the Act, it is a prescribed requirement in relation to a contract of insurance: (a) that the insurer is authorised under section 23 or 24 of the Insurance Act 1973 to conduct insurance business in Australia; or (b) that: (i) the insurer is permitted or authorised under the law of a foreign country to carry on insurance business; and (ii) the Minister is satisfied that the requirements imposed on the insurer under that law are similar to or consistent with requirements under that Act. (2) For the purposes of subparagraph (1) (b) (ii), the Minister is taken to be satisfied that the requirements imposed on an insurer under the law of a foreign country are similar to or consistent with requirements under the Insurance Act 1973 unless the Minister has published in the "Gazette", in relation to that country, a notice of the kind referred to in regulation 8. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 8 Notice in relation to foreign law (1) If the Minister is not satisfied that the law of a foreign country imposes similar requirements on an insurer to requirements under the Insurance Act 1973, he or she may publish in the Gazette a notice stating that he or she is not so satisfied. (2) A notice takes effect 28 days after it is published. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 9 Prescribed exclusions of insurer's liability (1) A contract of insurance that indemnifies the insured carrier against personal injury liability may exclude liability by adopting a standard exclusion clause mentioned in subregulation (2). (2) The standard exclusion clauses are: (a) Aviation Radioactive Contamination Exclusion Clause (General) (also called Aviation 38) as that clause is commonly in use at the commencement of this paragraph; (aa) Nuclear Risks Exclusion Clause (also called AVN. 38B) as that clause is commonly in use at the commencement of this paragraph; (b) Noise and Pollution and Other Perils Exclusion Clause (also called AVN. 46B) as that clause is commonly in use at the commencement of this paragraph; (c) War, Hijacking and Other Perils Exclusion Clause (Aviation) (also called AVN. 48B) as that clause is commonly in use at the commencement of this paragraph. Note The text of each exclusion clause, as in use at the commencement of the paragraph describing it in subregulation 9 (2), is set out, for information, in the note at the end of these regulations. (3) A contract of insurance that indemnifies the insured carrier against personal injury liability may exclude liability in respect of an employee of the carrier who is travelling in the course of his or her duties as an employee. (4) A contract of insurance that indemnifies an insured carrier against personal injury liability may exclude liability in respect of a passenger who travels on an aircraft operated by the carrier that is not of a notified type in relation to the contract of insurance. (5) For the purposes of subregulation (4), a type of aircraft is a notified type in relation to a contract of insurance if: (a) the insurer has given the Minister a notice in writing to the effect that the insurer is prepared to indemnify the insured carrier in relation to personal injury liability arising out of the operation by the insured carrier of aircraft of that type; and (b) the type is endorsed on the contract of insurance. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 10 Notice of cancellation etc of contract of insurance (1) The insurer under an acceptable contract of insurance must give the Minister written notice of any of the following events: (a) the lapsing of the contract; (b) the expiration of the contract; (c) cancellation of the contract by the insurer; (d) alteration of the contract in a way that will result in the contract no longer satisfying a prescribed requirement. (2) The insurer must give the notice at least 3 business days before the event is expected to happen. (3) The insurer must give the Minister written notice of a terminating event within 3 business days after the insurer becomes aware, or ought reasonably to have become aware, of the event. (4) In subregulation (3): "terminating event" means an act of the carrier that has as a result the contract ceasing to be in force before the end of the term set out in the contract. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 11 Effect of failure to give notice under regulation 10 (1) If, in relation to a contract of insurance, an event described in paragraph 10 (1) (a), (b), (c) or (d) occurs, but the insurer does not give the Minister notice under regulation 10 at least 3 days before the event happens, then, despite anything in the contract of insurance, the contract continues in force until: (a) the time when the carrier obtains from the same or another insurer an acceptable contract of insurance; or (b) if the insurer subsequently gives the notice -- 3 business days after the Minister receives the notice; or (c) if the insurer does not give the notice before the end of 3 months after the day the event happens -- the end of that period. (2) If, in relation to a contract of insurance, a terminating event described in subregulation 10 (3) occurs, but the insurer does not give the Minister notice under regulation 10 in accordance with that subregulation, then, despite anything in the contract of insurance, the contract continues in force until: (a) the time when the insured carrier obtains from the same or another insurer an acceptable contract of insurance; or (b) if the insurer subsequently gives the notice -- 3 business days after the Minister receives the notice; or (c) if the insurer does not give the notice before the end of 3 months after the day the event happens -- the end of that period. CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 12 Return of certificate (1) If the Minister is satisfied that: (a) a certificate issued under subsection 41C (7) of the Act in relation to an acceptable contract of insurance requires to be corrected; or (b) the acceptable contract of insurance in relation to which a certificate was issued is no longer in force; the Minister may by written notice to the carrier require the carrier to return the certificate. (2) A carrier must comply with a notice given under subregulation (1). CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - SCHEDULE Prescribed amounts (regulation 4) Column 1Item No Column 2Subsection Column 3Amount $ 1 31 (1) 500,000 2 31 (2) 1,600 3 31 (3) 160 Note The texts of the standard exclusion clauses referred to in subregulation 9 (2) are as follows: Aviation Radioactive Contamination Exclusion Clause (General) (Aviation 38) (1) The contract of insurance does not cover: (a) loss or destruction of, or damage to, any property or any loss or expense resulting therefrom; (b) any legal liability of whatsoever nature; directly or indirectly caused or contributed to by or arising from ionising radiations or contamination by radioactivity from any source whatsoever. (2) Loss, destruction, damage, expense or legal liability which, but for the provisions of paragraph (1) of this Clause, would be covered by this policy, and is directly or indirectly caused or contributed to by or arising from ionising radiations or contamination by radioactivity from any radioactive materials in course of carriage as cargo under International Air Transport Association regulations, shall (subject to all the other provisions of this policy) be covered, provided that: (a) it shall be a condition precedent to the liability of the Underwriters that the carriage of any radioactive materials shall in all respects comply with the current regulations issued by the International Air Transport Association relating to the carriage of restricted articles by air; (b) the loss, destruction, damage, expense or legal liability shall have occurred or arisen during the period of this policy, and any claim by the Assured against the Underwriters or by any claimant against the Assured shall have been made within three years after the date of the occurrence giving rise to the claim; (c) in the case of any claim by virtue of this paragraph (2) under the Hull section of this policy, the level of contamination shall have exceeded the maximum permissible level set out in the following scale: Emitter Maximum permissible level of non-fixed radioactive surface contamination (Averaged over 300cm2) Alpha emitters in Group 1 of the IAEA list of radio isotopes (IAEA Health and Safety Series No. 6) Not exceeding 10-5 microcuries per cm2 All other substances Not exceeding 10-4 microcuries per cm2 and (d) the cover afforded by this paragraph (2) may be cancelled at any time by the Underwriters giving seven days' notice of cancellation. Nuclear Risks Exclusion Clause (Avn. 38B) (1) This Policy does not cover: (a) loss of or destruction of or damage to any property whatsoever or any loss or expense whatsoever resulting or arising therefrom or any consequential loss; (b) any legal liability of whatsoever nature; directly or indirectly caused by or contributed to by or arising from: (c) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof; (d) the radioactive properties of, or a combination of radioactive properties with toxic, explosive or other hazardous properties of, any other radioactive material in the course of carriage as cargo, including storage or handling incidental thereto; (e) ionizing radiations or contamination by radioactivity from, or the toxic, explosive or other hazardous properties of, any radioactive source whatsoever. (2) It is understood and agreed that such radioactive material or other radioactive source in paragraph (1) (d) and (e) above shall not include: (a) depleted uranium and natural uranium in any form; (b) radioisotopes which have reached the final stage of fabrication so as to be usable for any scientific, medical, agricultural, commercial, educational or industrial purpose. (3) This Policy, however, does not cover loss of or destruction of or damage to any property or any consequential loss or any legal liability of whatsoever nature with respect to which: (a) the Insured under this Policy is also an insured or an additional insured under any other insurance policy, including any nuclear energy liability policy; or (b) any person or organization is required to maintain financial protection pursuant to legislation in any country; or (c) the Insured under this Policy is, or had this Policy not been issued would be, entitled to indemnification from any government or agency thereof. (4) Loss, destruction, damage, expense or legal liability in respect of the nuclear risks not excluded by reason of paragraph (2) shall (subject to all other terms, conditions, limitations, warranties and exclusions of this Policy) be covered, provided that: (a) in the case of any claim in respect of radioactive material in the course of carriage as cargo, including storage or handling incidental thereto, such carriage shall in all respects have complied with the full International Civil Aviation Organization `Technical Instructions for the Safe Transport of Dangerous Goods by Air', unless the carriage shall have been subject to any more restrictive legislation, when it shall in all respects have complied with such legislation; (b) this Policy shall only apply to an incident happening during the period of this Policy and where any claim by the Insured against the Insurers or by any claimant against the Insured arising out of such incident shall have been made within three years after the date thereof; (c) in the case of any claim for the loss of or destruction of or damage to or loss of use of an aircraft caused by or contributed to by radioactive contamination, the level of such contamination shall have exceeded the maximum permissible level set out in the following scale: Emitter (IAEA Health and Safety Regulations) Maximum permissible level of non-fixed radioactive surface contamination (averaged over 300 cm2) Beta, gamma and low toxicity alpha emitters Not exceeding 4 Bequerels/cm210-4 microcuries/cm2) All other emitters Not exceeding 0.4 Bequerels/cm2 (10-5 microcuries/cm2) (d) the cover afforded hereby may be cancelled at any time by the Insurers giving seven days' notice of cancellation. Noise and Pollution and other Perils Exclusion Clause (Avn. 46B) (1) This Policy does not cover claims directly or indirectly occasioned by, happening through, or in consequence of: (a) noise (whether audible to the human ear or not), vibration, sonic boom and any phenomena associated therewith; (b) pollution and contamination of any kind whatsoever; (c) electrical and electromagnetic interference; (d) interference with the use of property; unless caused by or resulting in a crash fire explosion or collision or a recorded in-flight emergency causing abnormal aircraft operation. (2) With respect to any provision in the Policy concerning any duty of Underwriters to investigate or defend claims, such provision shall not apply and Underwriters shall not be required to defend: (a) claims excluded by Paragraph 1; or (b) a claim or claims covered by the Policy when combined with any claims excluded by Paragraph 1 (referred to below as Combined Claims). (3) In respect of any Combined Claims, Underwriters shall (subject to proof of loss and the limits of the Policy) reimburse the Insured for that portion of the following items which may be allocated to the claims covered by the Policy: (a) damages awarded against the Insured; and (b) defence fees and expenses incurred by the Insured. (4) Nothing in this clause shall override any radioactive contamination or other exclusion clause attached to or forming part of this Policy. War, Hijacking and other Perils Exclusion Clause Aviation) (Avn. 48B) (1) This Policy does not cover claims caused by: (a) War, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, martial law, military or usurped power or attempts at usurpation of power; (b) Any hostile detonation of any weapon of war employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter; (c) Strikes, riots, civil commotions or labour disturbances; (d) Any act of one or more persons, whether or not agents of a sovereign Power, for political or terrorist purposes and whether the loss or damage resulting therefrom is accidental or intentional; (e) Any malicious act or act of sabotage; (f) Confiscation, nationalisation seizure, restraint, detention, appropriation, requisition for title, or use by or under the order of any Government (whether civil military or de facto) or public or local authority; (g) Hijacking or any unlawful seizure or wrongful exercise of control of the Aircraft or crew in flight (including any attempt at such seizure or control) made by any person or persons on board the Aircraft acting without the consent of the Insured. Further this policy does not cover claims arising whilst the Aircraft is outside the control of the Insured by reason of any of the above perils. The Aircraft shall be deemed to have been restored to the control of the Insured on the safe return of the Aircraft to the Insured at an airfield not excluded by the geographical limits of this Policy, and entirely suitable for the operation of the Aircraft (such safe return shall require that the Aircraft be parked with engines shut down and under no duress). CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - NOTES Compilation Information [GRAPHIC]Civil Aviation (Carriers' Liability) Regulations 1991 Statutory Rules 1991 No. 6 as amended This compilation was prepared on 12 June 2002taking into account amendments up to SR 1998 No. 256 Prepared by the Office of Legislative Drafting,Attorney-General's Department, Canberra CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - NOTES CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991Notes to the Civil Aviation (Carriers' Liability) Regulations 1991 Note 1 The Civil Aviation (Carriers' Liability) Regulations 1991 (in force under the Civil Aviation (Carriers' Liability) Act 1959) as shown in this compilation comprise Statutory Rules 1991 No. 6 amended as indicated in the Tables below. Table of Statutory Rules Year and number Date ofnotification in Gazette Date ofcommencement Application, saving ortransitional provisions 1991 No. 6 22 Jan 1991 1 Feb 1991 1994 No. 356 18 Oct 1994 18 Oct 1994 -- 1995 No. 366 6 Dec 1995 20 Jan 1996 (see r. 1) -- 1996 No. 240 30 Oct 1996 30 Oct 1996 -- 1998 No. 256 12 Aug 1998 R. 6: 20 Aug 1999Remainder: 12 Aug 1998 -- Table of Amendments ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected How affected R. 1 rs. 1998 No. 256 Rr. 5-8 ad. 1995 No. 366 R. 9 ad. 1995 No. 366 am. 1996 No. 240; 1998 No. 256 Rr. 10-12 ad. 1995 No. 366 Schedule am. 1994 No. 356; 1998 No. 256