Commonwealth Consolidated Regulations

CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - REG 9

(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.