Federal Register of Legislation - Australian Government

Primary content

Certificates/Attorney-General as made
This instrument defers the sunsetting date of the Civil Aviation (Carriers' Liability) Regulations 1991 from 1 October 2018 to 1 October 2019.
Administered by: Attorney-General's
Registered 30 Aug 2018
Tabling HistoryDate
Tabled HR10-Sep-2018
Tabled Senate10-Sep-2018
Date of repeal 02 Oct 2019
Repealed by Self Repealing
Table of contents.

Commonwealth Coat of Arms of Australia

 

Legislation (Deferral of Sunsetting—Carriers’ Liability Regulations) Certificate 2018

I, Christian Porter, Attorney‑General, make the following certificate.

Dated   24 August 2018

Christian Porter

Attorney‑General

 

 

  

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Statement of reasons for issue of certificate................................................................... 1

6............ Deferral of sunsetting of the Regulations...................................................................... 2

7............ Repeal of this instrument............................................................................................... 2

 


1  Name

                   This instrument is the Legislation (Deferral of Sunsetting—Carriers’ Liability Regulations) Certificate 2018.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

31 August 2018

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Definitions

                   In this instrument:

Act means the Civil Aviation (Carriers’ Liability) Act 1959.

Department means the Department of Infrastructure, Regional Development and Cities.

Legislation Act means the Legislation Act 2003.

Regulations means the Civil Aviation (Carriers’ Liability) Regulations 1991.

5  Statement of reasons for issue of certificate

                   For the purposes of paragraph 51(2)(a) of the Legislation Act, this section sets out the statement of the reasons for the issue of this certificate.

Statement of reasons

                   I am satisfied that the Regulations would, apart from the operation of Part 4 of Chapter 3 of the Legislation Act, be likely to cease to be in force within 12 months after the sunsetting day for the regulations.

                   The Regulations prescribe certain requirements for carriers’ liability, including standard exclusion clauses to be incorporated in contracts of insurance, and the caps set on civil liability for death and injury of passengers and for loss and damage to baggage.

                   Some of the Act’s provisions relating to domestic flights are not consistent with community and industry expectations. Accordingly, the Department has been reviewing both the Act and the Regulations, with a view to introducing a Bill to amend the Act during the current Parliament.

                   The Regulations establish low thresholds for damages, which may be below community expectations. Increasing the thresholds while maintaining the broader status quo would necessitate an increase in minimum insurance levels, which cannot be done without amending the Act. Further, with the broader legislative framework under review, remaking the Regulations in their current form, only to change them soon after, is not considered good practice.

                   As a program of change that requires changes to the Act, it is unlikely that updated Regulations could be made before the sunsetting day. Even if the Bill were to pass before 1 October 2018, there would not be sufficient time for the making of replacement Regulations before 1 October 2018. The Minister for Infrastructure and Transport has advised that, in accordance with subparagraph 51(1)(b)(i) of the Legislation Act, the Regulations will cease to be in force (by way of active repeal and replacement) within 12 months after their sunsetting day.

                   A deferral of the sunsetting day would avoid the need to remake the Regulations in their current form for the limited period they would be required prior to their repeal and remaking following the review and reform of the carriers’ liability legislative framework.

6  Deferral of sunsetting of the Regulations

                   The Regulations, for which the sunsetting day is 1 October 2018, are taken to cease to be in force under section 51 of the Legislation Act on 1 October 2019.

7  Repeal of this instrument

                   This instrument is repealed at the start of 2 October 2019.