Commonwealth Consolidated Regulations

CIVIL AVIATION (CARRIERS' LIABILITY) REGULATIONS 1991 - SCHEDULE Prescribed

(regulation 4)

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:

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:

(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).