CIVIL AVIATION (CARRIERS LIABILITY)

AMENDMENT ACT 1976

No. 126 of 1976

An Act to amend the Civil Aviation (Carriers Liability) Act 1959-1973.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Civil Aviation (Carriers Liability) Amendment Act 1976.

(2) The Civil Aviation (Carriers Liability) Act 1959-1973 is in this Act referred to as the Principal Act.

(3) The Principal Act, as amended by this Act, may be cited as the Civil Aviation (Carriers Liability) Act 1959-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Limitation of liability.

3. (1) Section 31 of the Principal Act is amended by omitting from sub-section (1) the words Thirty thousand dollars and substituting the figures $45,000.

(2) The amendment made by sub-section (1) does not apply in relation to an accident or occurrence that took place before the commencement of this Act.

Formal amendments.

4. The Principal Act is amended as set out in the Schedule.

SCHEDULE Section 4

FORMAL AMENDMENTS

1. The following provisions of the Principal Act are amended by omitting any number expressed in words that is used to identify a section of that Act or of another Act and substituting that number expressed in figures:—

Sections 12(2), 19, 20(2), 22(3), 24, 25(2), 25b, 29(4) and (5), 33(1), 35(2) and 40(c).

2. The following provisions of the Principal Act are amended by omitting the words of this Act and of this section (wherever occurring):—

Sections 2, 12(2) and (5), 16(6), 20(2), 24, 25a, 29(4) and (5), 30(4), 33(1), 35(2) and (5), 39(5), 40(c) and 42(1).

3. The Principal Act is further amended as set out in the following table:—

Provision

Amendment

Section 5................

(a) From the definition of the Guadalajara Convention omit the eighteenth day of September, One thousand nine hundred and sixty-one, substitute 18 September 1961.

(b) From the definition of the Hague Protocol omit the twenty-eighth day of September, One thousand nine hundred and fifty-five, substitute 28 September 1955.

(c) From the definition of the Warsaw Convention omit the twelfth day of October, One thousand nine hundred and twenty-nine,, substitute12 October 1929.

Sub-section 9(1)...........

(a) Omit of this section.

(b) Omit the First Schedule to this Act, substitute Schedule 1.

Sub-section 9(2)...........

Omit the Second Schedule to this Act, substitute Schedule 2.

Sub-section 9(2a)...........

Omit the Third Schedule to this Act, substitute Schedule 3.

Sub-section 9(3)...........

Omit the First, Second or Third Schedule to this Act, substitute Schedule 1, 2 or 3.

Sub-section 31(2)...........

Omit Three hundred dollars, substitute $300.

Sub-section 31(3)...........

Omit Thirty dollars, substitute $30.

The Schedules.............

(a) Omit the heading THE SCHEDULES, substitute SCHEDULES.

(b) Omit the heading FIRST SCHEDULE, substitute SCHEDULE 1.

(c) Omit the heading SECOND SCHEDULE, substitute SCHEDULE 2.

(d) Omit the heading THIRD SCHEDULE, substitute SCHEDULE 3.