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Civil Aviation (Carriers' Liability) Act 1959
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Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts
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C2021C00236 C30
17 June 2021
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Part I—Preliminary
1 Short title
2 Commencement
5 Interpretation
5A Application of the Criminal Code
6 Extension to Territories
7 Act to bind Crown
8 Texts of Conventions
9 Conversion of SDR to Australian dollars
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Part IA—Carriage to which the 1999 Montreal Convention applies
9A Definitions
9B The 1999 Montreal Convention to have force of law
9C Limitation of liability for Australian international carriers
9D Liability in respect of death
9E Liability in respect of injury
9F Certain liabilities not excluded
9G Proceeds of insurance policies etc.
9H Contributory negligence
9J Action against a State Party to the 1999 Montreal Convention which undertakes carriage by air
9K Evidence of certain matters
9L Jurisdiction of State courts preserved
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Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply
10 Definition
11 Convention to have force of law
11A Limitation of liability for Australian international carriers
12 Liability in respect of death
13 Liability in respect of injury
14 Certain liabilities not excluded
15 Proceeds of insurance policies etc.
16 Contributory negligence
17 Actions against Parties to the Convention who undertake carriage by air
18 Evidence of certain matters
19 Jurisdiction of State courts preserved
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Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies
20 Interpretation
21 Provisions of Convention to have force of law
21A Limitation of liability for Australian international carriers
22 Evidence of certain matters
23 Conversion of francs
24 Adoption of certain provisions of Part II
24A Jurisdiction of State courts preserved
25 Duration of Part
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Part IIIA—Carriage to which the Guadalajara Convention applies
25A Provisions of Convention to have force of law
25B Modification of Parts II and III
25C Evidence of certain matters
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Part IIIC—Carriage to which the Montreal No. 4 Convention applies
25J Interpretation
25K Effect of Convention in Australia
25L Application of certain provisions of Part IV
25M Jurisdiction of State courts preserved
25N Evidence of certain matters
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Part IV—Other carriage to which this Act applies
26 Interpretation
27 Application of Part
28 Liability of the carrier for death or injury
29 Liability of the carrier in respect of baggage
30 Complaint to be made in respect of baggage
31 Limitation of liability
32 Contracting out
33 Servants and agents of carrier
34 Limitation of actions
35 Liability in respect of death
36 Liability in respect of injury
37 Certain liabilities not excluded
38 Proceeds of insurance policies etc.
39 Contributory negligence
40 Regulations relating to passenger tickets and baggage checks
41 Application of Part to cargo
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Part IVA—Carriers to be insured against liability to passengers for death or personal injury
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Division 1—Preliminary
41A Object of Part
41B Definitions
41C Acceptable contracts of insurance and adequate financial arrangements
41D Insurer’s liability not affected by exclusions or breaches
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Division 2—Insurance requirements
41E Carriers to be covered by acceptable insurance
41F Conduct by directors, servants and agents
41G Grounds of cancellation of contract of insurance not affected
41H Conflict of laws
41J Injunctions
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Division 3—Auditing
41JA Auditing
41K Audit regulations
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Division 4—Miscellaneous
41L Delegation
41M Saving
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Part V—Miscellaneous
41N Corresponding State laws may confer functions and powers on Commonwealth authorities and officers
42 Stowaways
43 Regulations
Schedules
Schedule 1A—The 1999 Montreal Convention
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Schedule 1—Convention for the unification of certain rules relating to international carriage by air
Chapter I—Scope—Definitions
Chapter II—Documents of Carriage
Chapter III—Liability of the Carrier
Chapter IV—Provisions Relating to Combined Carriage
Chapter V—General and Final Provisions
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Schedule 2—The Warsaw Convention as amended at the Hague
Chapter I—Scope—Definitions
Chapter II—Documents of Carriage
Chapter III—Liability of the Carrier
Chapter IV—Provisions Relating to Combined Carriage
Chapter V—General and Final Provisions
Chapter I—Amendments to the Convention
Chapter II—Scope of Application of the Convention as Amended
Chapter III—Final Clauses
Schedule 3—Convention
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Schedule 5—The Montreal No. 4 Convention
Chapter I—Scope—Definitions
Chapter II—Documents of Carriage
Chapter III—Liability of the Carrier
Chapter IV—Provisions Relating to Combined Carriage
Chapter V—General and Final Provisions
Chapter I—Amendments to the Convention
Chapter II—Scope of Application of the Convention as Amended
Chapter III—Final Clauses
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history