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,”, substitute “12 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”. |