Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part i n respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:
(a) if none of paragraphs (b), (c) and (d) applies--the amount applicable under subsection ( 1AA); or
(b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection ( 1AA) and paragraph ( c) does not apply--the amount prescribed by that regulation; or
(c) if, at the date of the accident, no regulation was in force under paragraph ( b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as an amount that exceeds the amount applicable under subsection ( 1AA) --the amount so specified; or
(d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection ( 1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as an amount that exceeds the amount so prescribed--the amount so specified.
(1AA) The amount applicable under this subsection is:
(a) $925,000, unless paragraph (b) applies; or
(b) if the regulations provide for indexation in relation to that dollar amount--the indexed amount worked out in accordance with the regulations.
(1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to:
(a) if none of paragraphs (b), (c) and (d) applies--the number of SDRs applicable under subsection ( 1B); or
(b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection ( 1B) and paragraph ( c) does not apply--the number of SDRs so prescribed; or
(c) if, at the date of the accident, no regulation was in force under paragraph ( b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number of SDRs applicable under subsection ( 1B) --the number of SDRs so specified; or
(d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection ( 1B) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number so prescribed--the number of SDRs so specified.
(1B) The number of SDRs applicable under this subsection is:
(a) 480,000, unless paragraph (b) applies; or
(b) if the regulations provide for indexation in relation to that number--the indexed number worked out in accordance with the regulations.
(2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part i n respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:
(a) if neither paragraph (b) nor (c) applies--the amount applicable under subsection ( 2A); or
(b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection ( 2A) and paragraph ( c) does not apply--the amount prescribed by that regulation; or
(c) where an amount that exceeds:
(i) if, at the date of the occurrence referred to in paragraph ( b), no regulation was in force under that paragraph--the amount applicable under subsection ( 2A) ; or
(ii) if, at the date of the occurrence referred to in paragraph ( b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection ( 2A) --the amount prescribed by the regulation;
is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier's liability--the amount so specified.
(2A) The amount applicable under this subsection is:
(a) $3,000, unless paragraph (b) applies; or
(b) if the regulations provide for indexation in relation to that dollar amount--the indexed amount worked out in accordance with the regulations.
(3) The liability of a carrier under this Part i n respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:
(a) if neither paragraph (b) nor (c) applies--the amount applicable under subsection ( 4); or
(b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection ( 4) and paragraph ( c) does not apply--the amount prescribed by that regulation; or
(c) where an amount that exceeds:
(i) if, at the date of the occurrence referred to in paragraph ( b), no regulation was in force under that paragraph--the amount applicable under subsection ( 4) ; or
(ii) if, at the date of the occurrence referred to in paragraph ( b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection ( 4) --the amount prescribed by that regulation;
is specified, in the contract of carriage pursuant to which the passsenger was carried, as the limit of the carrier's liability--the amount so specified.
(4) The amount applicable under this subsection is:
(a) $300, unless paragraph (b) applies; or
(b) if the regulations provide for indexation in relation to that dollar amount--the indexed amount worked out in accordance with the regulations.