Commonwealth Consolidated Acts

CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959

TABLE OF PROVISIONS

           Long Title

   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  

   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  

   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  

   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  

   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  

   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  

   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  

   PART IVA--CARRIERS--TO BE INSURED AGAINST LIABILITY TO PASSENGERS FOR DEATH OR PERSONAL INJURY

           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  

           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  

           Division 3--Auditing

   41JA.   Auditing  
   41K.    Audit regulations  

           Division 4--Miscellaneous

   41L.    Delegation  
   41M.    Saving  

   PART V--MISCELLANEOUS

   41N.    Corresponding State laws may confer functions and powers on Commonwealth authorities and officers  
   42.     Stowaways  
   43.     Regulations  
           SCHEDULE 1A The 1999 Montreal Convention
           SCHEDULE 1 Convention for the unification of certain rules relating to international carriage by air
           SCHEDULE 2 The Warsaw Convention as amended at the Hague
           SCHEDULE 3 Convention
           SCHEDULE 5 The Montreal No. 4 Convention