Contents

Part I—Preliminary 1

1............ Short title [see Note 1]....................................................................... 1

2............ Commencement [see Note 1].............................................................. 1

5............ Interpretation...................................................................................... 1

5A......... Application of the Criminal Code...................................................... 3

6............ Extension to Territories...................................................................... 3

7............ Act to bind Crown.............................................................................. 3

8............ Texts of Conventions......................................................................... 4

9............ Conversion of SDR to Australian dollars........................................... 4

Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply 5

10.......... Definition............................................................................................ 5

11.......... Convention to have force of law......................................................... 5

11A....... Limitation of liability for Australian international carriers................. 5

12.......... Liability in respect of death................................................................ 6

13.......... Liability in respect of injury............................................................... 8

14.......... Certain liabilities not excluded............................................................ 8

15.......... Proceeds of insurance policies etc...................................................... 8

16.......... Contributory negligence...................................................................... 9

17.......... Actions against Parties to the Convention who undertake carriage by air 10

18.......... Evidence of certain matters............................................................... 10

19.......... Jurisdiction of State courts preserved.............................................. 11

Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies 12

20.......... Interpretation.................................................................................... 12

21.......... Provisions of Convention to have force of law................................ 12

21A....... Limitation of liability for Australian international carriers............... 12

22.......... Evidence of certain matters............................................................... 13

23.......... Conversion of francs......................................................................... 14

24.......... Adoption of certain provisions of Part II......................................... 14

24A....... Jurisdiction of State courts preserved.............................................. 14

25.......... Duration of Part [see Note 2]........................................................... 14

Part IIIA—Carriage to which the Guadalajara Convention applies 15

25A....... Provisions of Convention to have force of law................................ 15

25B....... Modification of Parts II and III........................................................ 15

25C....... Evidence of certain matters............................................................... 15

Part IIIB—Carriage to which the Montreal No. 3 Convention applies 16

(ss. 25D‑25H) [Not in operation—see Note 3]........................................... 16

Part IIIC—Carriage to which the Montreal No. 4 Convention applies 17

25J........ Interpretation.................................................................................... 17

25K....... Effect of Convention in Australia..................................................... 17

25L........ Application of certain provisions of Part IV.................................... 17

25M...... Jurisdiction of State courts preserved.............................................. 17

25N....... Evidence of certain matters............................................................... 17

Part IV—Other carriage to which this Act applies 19

26.......... Interpretation.................................................................................... 19

27.......... Application of Part [see Note 3]...................................................... 20

28.......... Liability of the carrier for death or injury......................................... 21

29.......... Liability of the carrier in respect of baggage..................................... 21

30.......... Complaint to be made in respect of baggage..................................... 22

31.......... Limitation of liability........................................................................ 23

32.......... Contracting out................................................................................. 26

33.......... Servants and agents of carrier........................................................... 26

34.......... Limitation of actions......................................................................... 26

35.......... Liability in respect of death.............................................................. 27

36.......... Liability in respect of injury............................................................. 28

37.......... Certain liabilities not excluded.......................................................... 28

38.......... Proceeds of insurance policies etc.................................................... 29

39.......... Contributory negligence.................................................................... 29

40.......... Regulations relating to passenger tickets and baggage checks........... 30

41.......... Application of Part to cargo............................................................. 30

Part IVA—Carriers to be insured against liability to passengers for death or personal injury 31

41A....... Object of Part................................................................................... 31

41B....... Definitions........................................................................................ 31

41C....... Carriers may be required to produce evidence that an acceptable contract of insurance is in force between the carrier and an insurer.................................................................................... 32

41CA.... Carrier that is, or is an agent of, the Crown may be required to show that adequate financial arrangements exist to discharge personal injury liability of the carrier............................... 33

41D....... Insurer’s liability not affected by exclusions or breaches................. 33

41E........ Carriers to be covered by acceptable insurance................................ 33

41F........ Conduct by directors, servants and agents....................................... 34

41G....... Grounds of cancellation of contract of insurance not affected......... 35

41H....... Conflict of laws................................................................................ 36

41J........ Injunctions........................................................................................ 36

41K....... Regulations....................................................................................... 37

41L........ Delegation......................................................................................... 37

41M...... Saving................................................................................................ 38

Part V—Miscellaneous 39

41N....... Corresponding State laws may confer functions and powers on Commonwealth authorities and officers 39

42.......... Stowaways [see Note 3]................................................................... 39

43.......... Regulations....................................................................................... 40

Schedules 41

Schedule 1—Convention for the unification of certain rules relating to international carriage by air 41

Chapter I—Scope—Definitions 41

Chapter II—Documents of Carriage 42

Chapter III—Liability of the Carrier 47

Chapter IV—Provisions Relating to Combined Carriage 51

Chapter V—General and Final Provisions 51

Schedule 2—The Warsaw Convention as amended at the Hague 55

Chapter II—Documents of Carriage 56

Chapter III—Liability of the Carrier 61

Chapter IV—Provisions Relating to Combined Carriage 65

Chapter V—General and Final Provisions 66

Chapter I—Amendments to the Convention 68

Chapter II—Scope of Application of the Convention as Amended 68

Chapter III—Final Clauses 68

Schedule 3—Convention 72

Schedule 4—The Montreal No. 3 Convention 78

Chapter I—Scope—Definitions 78

Chapter II—Documents of Carriage 79

Chapter III—Liability of the Carrier 84

Chapter IV—Provisions Relating to Combined Carriage 90

Chapter V—General and Final Provisions 90

Chapter I—Amendments to the Convention 95

Chapter II—Scope of Application of the Convention as Amended 95

Chapter III—Final Clauses 95

Schedule 5—The Montreal No. 4 Convention 99

Chapter I—Scope—Definitions 99

Chapter II—Documents of Carriage 100

Chapter III—Liability of the Carrier 105

Chapter IV—Provisions Relating to Combined Carriage 111

Chapter V—General and Final Provisions 111

Chapter I—Amendments to the Convention 114

Chapter II—Scope of Application of the Convention as Amended 114

Chapter III—Final Clauses 114

Notes 119

An Act relating to Carriage by Air

Part I—Preliminary

1 Short title [see Note 1]

This Act may be cited as the Civil Aviation (Carriers’ Liability) Act 1959.

2 Commencement [see Note 1]

(1) Parts I, III and V shall come into operation on the day on which this Act receives the Royal Assent.

(2) Parts II and IV shall come into operation on such dates as are respectively fixed by Proclamation.

5 Interpretation

In this Act, unless the contrary intention appears:

Australia includes the Territories.

Australian citizen has the same meaning as in the Australian Citizenship Act 1948.

Australian person means:

(a) an individual who is an Australian citizen or is ordinarily resident in Australia; or

(b) the Commonwealth, a State or a Territory; or

(d) a Commonwealth, State or Territory authority; or

(e) a person who is a nominee of a Commonwealth, State or Territory authority; or

(f) a local government body (whether incorporated or not) formed by or under a law of a State or a Territory; or

(g) a person who is a nominee of a local government body referred to in paragraph (f); or

(h) a body corporate that:

(i) is incorporated by or under a law of the Commonwealth or of a State or a Territory; and

(ii) is substantially owned and effectively controlled by persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (i); or

(i) a person in the capacity of a trustee, or manager, of a fund in which the total interests (if any) of persons referred to in paragraph (a), (b), (c), (d), (e), (f), (g) or (h) represent 60% or more of the total interests in the fund.

SDR means Special Drawing Rights within the meaning of the International Monetary Agreements Act 1947.

the Guadalajara Convention means the Convention, Supplementary to the Warsaw Convention, for the Unification of Certain Rules Relating to International Carriage by Air Performed by a Person Other than the Contracting Carrier opened for signature at Guadalajara on 18 September 1961.

the Guatemala City Protocol means the Protocol done at Guatemala City on 8 March 1971 and called “Protocol to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as Amended by the Protocol Done at The Hague on 28 September 1955”.

the Hague Protocol means the Protocol to amend the Warsaw Convention opened for signature at The Hague on 28 September 1955.

the Montreal Protocol No. 3 means the Protocol done at Montreal on 25 September 1975 and called “Additional Protocol No. 3 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on

12 October 1929 as Amended by the Protocols Done at The Hague on 28 September 1955 and at Guatemala City on 8 March 1971”.

the Montreal No. 3 Convention means the Convention that is, under Article V of the Montreal Protocol No. 3, known as the Warsaw Convention as amended at The Hague, 1955, at Guatemala City, 1971, and by the Additional Protocol No. 3 of Montreal, 1975.

the Montreal Protocol No. 4 means the Protocol done at Montreal on 25 September 1975 and called “Montreal Protocol No. 4 to Amend the Convention for the Unification of Certain Rules Relating to International Carriage by Air Signed at Warsaw on 12 October 1929 as amended by the Protocol Done at The Hague on 28 September 1955”.

the Montreal No. 4 Convention means the Convention that is, under Article XV of the Montreal Protocol No. 4, known as the Warsaw Convention as amended at The Hague, 1955, and by Protocol No. 4 of Montreal, 1975.

the Warsaw Convention means the Convention for the Unification of Certain Rules Relating to International Carriage by Air opened for signature at Warsaw on 12 October 1929, and includes the Additional Protocol to that Convention with reference to Article 2 of that Convention.

the Warsaw Convention as amended at The Hague means the Convention that is, under Article XIX of the Hague Protocol, known as the Warsaw Convention as amended at The Hague, 1955.

5A Application of the Criminal Code

Chapter 2 (except Part 2.5) of the Criminal Code applies to all offences created by this Act.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

6 Extension to Territories

This Act extends to every Territory.

7 Act to bind Crown

(1) This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory, of the Northern Territory and of Norfolk Island.

(2) Nothing in this Act makes the Crown in any capacity liable to be prosecuted for an offence.

8 Texts of Conventions

(1) For the purposes of this Act, but subject to subsection (2), the text of a Convention specified in any of the following paragraphs is taken to be the text set out in the Schedule specified in that paragraph:

(a) Schedule 1—the Warsaw Convention;

(b) Schedule 2—the Warsaw Convention as amended at The Hague;

(d) Schedule 4—the Montreal No. 3 Convention;

(e) Schedule 5—the Montreal No. 4 Convention.

(2) If there is any inconsistency between the text of a Convention as set out in a Schedule and the text that would result if the authentic French texts of the instruments making up the Convention were read and interpreted together as one single instrument, the latter text prevails.

(3) A certificate signed by the Secretary of the Department of Foreign Affairs and Trade that a document to which the certificate is annexed is a true copy of the authentic French text of the Warsaw Convention, the Hague Protocol, the Guadalajara Convention, the Guatemala City Protocol, the Montreal Protocol No. 3 or the Montreal Protocol No. 4 is evidence that the document is such a true copy.

9 Conversion of SDR to Australian dollars

In assessing under this Act the damages recoverable in an action against a carrier, a court must convert all relevant SDR amounts into Australian dollars, using the exchange rate published by the Reserve Bank of Australia, being the rate that applies as at the day on which the court’s judgment is given.

Part II—Carriage to which the Warsaw Convention and the Hague Protocol apply

10 Definition

In this Part:

the Convention means the Warsaw Convention as amended at The Hague.

11 Convention to have force of law

(1) The provisions of the Convention have, subject to this Part, the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section.

11A Limitation of liability for Australian international carriers

(1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger’s injury or death resulting from an accident, is limited to:

(a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or

(b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section 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 260,000—the number of SDRs so specified; or

(d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 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 so prescribed—the number of SDRs so specified.

(2) In this section:

Australian international carrier means:

(a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or

(b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.

bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.

12 Liability in respect of death

(1) The provisions of this section apply in relation to liability imposed by the Convention on a carrier in respect of the death of a passenger (including the injury that resulted in the death).

(2) Subject to section 14, the liability under the Convention is in substitution for any civil liability of the carrier under any other law in respect of the death of the passenger or in respect of the injury that has resulted in the death of the passenger.

(3) Subject to the next succeeding subsection, the liability is enforceable for the benefit of such of the members of the passenger’s family as sustained damage by reason of his death.

(4) To the extent that the damages recoverable include loss of earnings or profits up to the date of death, or funeral, medical or hospital expenses paid or incurred by the passenger before his death or by his personal representative, the liability is enforceable for the benefit of the personal representative of the passenger in his capacity as personal representative.

(5) For the purposes of subsection (3), the members of the passenger’s family shall be deemed to be the wife or husband, de facto spouse, parents, step‑parents, grandparents, brothers, sisters, half‑brothers, half‑sisters, children, step‑children and grandchildren of the passenger, and, in ascertaining the members of the passenger’s family, an illegitimate person or an adopted person shall be treated as being, or as having been, the legitimate child of his mother and reputed father or, as the case may be, of his adoptors.

(6) The action to enforce the liability may be brought by the personal representative of the passenger or by a person for whose benefit the liability is, under the preceding provisions of this section, enforceable, but only one action shall be brought in Australia in respect of the death of any one passenger, and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is so enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action.

(7) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the passenger and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the passenger.

(8) In awarding damages, the court or jury is not limited to the financial loss resulting from the death of the passenger.

(9) Subject to the next succeeding subsection, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the court (or, where the action is tried with a jury, the jury) directs.

(10) The court may at any stage of the proceedings make any such order as appears to the court to be just and equitable in view of the provisions of the Convention limiting the liability of the carrier and of any proceedings which have been, or are likely to be, commenced against the carrier, whether in or outside Australia.

(11) The second sentence of paragraph 4 of Article 22 of the Warsaw Convention, as amended by the Hague Protocol, shall not be construed as applying to an action to which this section applies that is wholly or partly for the benefit of a person or persons other than the plaintiff, but the court may, in such an action, deal with any question of costs in such manner as it thinks proper having regard to the operation of that sentence in cases to which it applies.

13 Liability in respect of injury

Subject to the next succeeding section, the liability of a carrier under the Convention in respect of personal injury suffered by a passenger, not being injury that has resulted in the death of the passenger, is in substitution for any civil liability of the carrier under any other law in respect of the injury.

14 Certain liabilities not excluded

Nothing in the Convention or in this Part shall be deemed to exclude any liability of a carrier:

(a) to indemnify an employer of a passenger or any other person in respect of any liability of, or payments made by, that employer or other person under a law of the Commonwealth or of a State or Territory providing for compensation, however described, in the nature of workers’ compensation; or

(b) to pay contribution to a tort‑feasor who is liable in respect of the death of, or injury to, the passenger;

but this section does not operate so as to increase the limit of liability of a carrier in respect of a passenger beyond the amount fixed by or in accordance with the Convention.

15 Proceeds of insurance policies etc.

In assessing damages in respect of liability under the Convention there shall not be taken into account by way of reduction of the damages:

(a) a sum paid or payable on the death of, or personal injury to, a passenger under a contract of insurance;

(b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union;

(c) any sum in respect of a pension, social service benefit or repatriation benefit paid or payable, consequent upon the death or injury, by any government or person;

(d) in the case of death, any sum in respect of the acquisition by a spouse or child of the deceased, consequent upon the death, of, or of an interest in, a dwelling used at any time as the home of that spouse or child, or of, or of an interest in, the household contents of any such dwelling; or

(e) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of the deceased passenger if he had lived after the time at which he died.

16 Contributory negligence

(1) Effect shall be given to Article 21 of the Warsaw Convention in accordance with the provisions of this section.

(2) If, in an action against a carrier under the Convention, the carrier proves that the damage was caused by or contributed to by the negligence of the passenger or the consignor, the damages recoverable shall be assessed in accordance with this section.

(3) The court shall first determine the damages that would have been recoverable if there were no limit on the amount of those damages fixed by or in accordance with the Convention and there had been no negligence on the part of the passenger or consignor.

(4) The damages determined under the last preceding subsection shall be reduced to such extent as the court thinks just and equitable having regard to the share of the passenger or the consignor in the responsibility for the damage.

(5) If the damages as reduced in accordance with the last preceding subsection exceed the maximum liability of the carrier fixed by or in accordance with the Convention, the court shall further reduce the damages to that maximum amount.

(6) Where any case to which subsection (2) applies is tried with a jury, the jury shall determine the damages referred to in subsection (3) and the amount of the reduction under subsection (4).

17 Actions against Parties to the Convention who undertake carriage by air

(1) A Party to the Convention which has not availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention shall, for the purposes of an action under the Convention brought in a court in Australia to enforce a claim in respect of carriage undertaken by that Party, be deemed to have submitted to the jurisdiction of that court.

(2) Nothing in this section authorizes the issue of execution against the property of a Party to the Convention.

18 Evidence of certain matters

(1) The Minister may, by notice published in the Gazette, from time to time declare:

(a) that a country specified in the notice is a country which has ratified or adhered to the Hague Protocol and the date on which the ratification or adherence became effective;

(b) that a country specified in the notice has, at the time of deposit of its instrument of ratification of or adherence to the Hague Protocol, declared that its acceptance of that Protocol does not apply to a territory or territories specified in the notice;

(c) that a country specified in the notice has duly made a declaration under Article XXVI of the Hague Protocol and the date on which the declaration became effective;

(d) that a country specified in the notice has duly extended the application of the Hague Protocol to a territory or territories specified in the notice;

(e) the extent (if any) to which a Party to the Hague Protocol has availed itself of the provisions of the Additional Protocol to the Warsaw Convention with reference to Article 2 of that Convention; or

(f) that a country specified in the notice has denounced the Hague Protocol in respect of all of the territories for the foreign relations of which that country is responsible or in respect of any such territory specified in the notice, and the date upon which the denunciation became effective.

(2) A notice in force under this section is evidence of the matters declared.

19 Jurisdiction of State courts preserved

For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention shall be deemed not to be a matter arising directly under a treaty.

Part III—Carriage to which the Warsaw Convention without the Hague Protocol applies

20 Interpretation

(1) In this Part, the Convention means the Warsaw Convention as in force, unaffected by the Hague Protocol, between Australia and any other countries.

(2) For the purposes of this Part, a reference in the Convention to the territory of a High Contracting Party to the Convention shall be read as a reference to the territories in respect of which a Party declared, in pursuance of section 22, to be a High Contracting Party to the Convention is declared, in pursuance of that section, to be bound by the Convention.

21 Provisions of Convention to have force of law

21A Limitation of liability for Australian international carriers

(a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or

(2) In this section:

Australian international carrier means:

(a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or

(b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.

bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.

22 Evidence of certain matters

(1) The Minister may, by notice published in the Gazette, from time to time declare:

(a) who are the High Contracting Parties to the Convention;

(b) the territory in respect of which any such Party is bound by the Convention; and

(c) the extent (if any) to which any Party has availed himself of the provisions of the Additional Protocol to the Convention.

(2) A notice in force under this section is evidence of the matters declared.

(3) A notice published by the Governor‑General in the Gazette, before the date of commencement of this Part, under subsection (3) of section 3 of the Carriage by Air Act 1935 and in force immediately before that date shall, for the purposes of this Act, be deemed to be a notice published by the Minister under this section.

23 Conversion of francs

Any sum in francs mentioned in Article 22 of the Convention shall, for the purposes of an action against a carrier, be converted into Australian currency at the rate of exchange prevailing on the date on which the amount of any damages to be paid by the carrier is ascertained by the court or jury.

24 Adoption of certain provisions of Part II

The provisions of sections 12 to 17 (inclusive), except subsection (11) of section 12, apply for the purposes of this Part as if contained in this Part.

24A Jurisdiction of State courts preserved

For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.

25 Duration of Part [see Note 2]

(1) This Part shall continue in force until a date to be fixed by Proclamation, being a date not earlier than the date upon which a denunciation by Australia of the Convention in accordance with Article 39 of the Convention takes effect.

(2) Upon the date fixed in pursuance of the last preceding subsection, this Part shall be deemed to be repealed and the provisions of section 8 of the Acts Interpretation Act 1901 shall apply as if this Part had been repealed by an Act other than this Act.

Part IIIA—Carriage to which the Guadalajara Convention applies

25A Provisions of Convention to have force of law

The provisions of the Guadalajara Convention have, subject to Parts II, III and IIIC as affected by the next succeeding section, the force of law in Australia in relation to any carriage by air to which that Convention applies.

25B Modification of Parts II and III

In relation to carriage to which the Guadalajara Convention applies, references in Part II (other than section 11), in Part III (other than section 21) and in Part IIIC (other than section 25K) to the Convention shall be read as including references to the provisions of the Guadalajara Convention as having the force of law by virtue of this Part.

25C Evidence of certain matters

(1) The Minister may, by notice in the Gazette, from time to time publish information as to the coming into operation of the Guadalajara Convention or as to the States that have or have not taken any action referred to in Article XI, XII, XIV, XV or XVI of that Convention and as to the particulars of any action so taken.

(2) A notice in force under this section is evidence of the matters specified in the notice.

Part IIIC—Carriage to which the Montreal No. 4 Convention applies

25J Interpretation

In this Part:

the Convention means the Montreal No. 4 Convention.

25K Effect of Convention in Australia

(1) Subject to this Part, the Convention has the force of law in Australia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) A reference in this Part to the Convention is to be read, unless the contrary intention appears, as a reference to the Convention as having the force of law because of this section.

25L Application of certain provisions of Part IV

Sections 35 to 39 (inclusive) apply to carriage to which the Convention applies in the same way as they apply to carriage under Part IV, and for that purpose:

(a) a reference in section 37 to Part IV is taken to be a reference to this Part and the Convention; and

(b) any other reference to Part IV is taken to be a reference to the Convention.

25M Jurisdiction of State courts preserved

For the purposes of section 38 of the Judiciary Act 1903, an action under the Convention is taken not to be a matter arising directly under a treaty.

25N Evidence of certain matters

(1) The Minister may, by notice published in the Gazette, from time to time declare:

(a) who are the Parties to the Convention; and

(b) the territory in respect of which any Party is bound by the Convention; and

(2) A notice under this section is evidence of the matters declared..

Part IV—Other carriage to which this Act applies

26 Interpretation

(1) In this Part, unless the contrary intention appears:

airline licence means:

(a) an international airline licence in force under the Air Navigation Regulations; or

(b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising airline operations; or

(c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising airline operations.

baggage, in relation to a passenger, means:

(a) registered baggage; or

(b) baggage, personal effects or other articles, not being registered baggage, in the possession of the passenger, or in the possession of another person (being a person accompanying the passenger or a servant or agent of the carrier) on behalf of the passenger, while the passenger is on board an aircraft for the purposes of carriage to which this Part applies or during the course of any of the operations of embarking or disembarking.

charter licence means:

(a) a charter licence in force under the Air Navigation Regulations; or

(b) an Air Operator’s Certificate in force under the Civil Aviation Act 1988 authorising charter operations; or

(c) a New Zealand AOC with ANZA privileges (as defined in section 3 of the Civil Aviation Act 1988) authorising charter operations.

commercial transport operations means operations in which an aircraft is used, for hire or reward, for the carriage of passengers or cargo.

contract includes an arrangement made without consideration.

domestic carrier means a carrier operating a flight for the carriage of passengers:

(a) between a place in a State and a place in another State; or

(b) between a place in a Territory and a place in Australia outside that Territory; or

other than carriage to which Part 2 or 3 applies.

registered baggage, in relation to a passenger, means baggage, personal effects or other articles registered with the carrier as baggage intended to be carried under a contract for carriage of the passenger to which this Part applies.

the Air Navigation Regulations means the Air Navigation Regulations in force under the Air Navigation Act 1920, and includes those Regulations as in force by virtue of a law of a State.

(2) For the purposes of this Part, where, by reason of a contract of charter or other contract between the holder of an airline licence or a charter licence and another person, persons or baggage are or is carried, or are or is to be carried, in an aircraft while it is being operated by the holder of the airline licence or charter licence, that contract shall be deemed to be a contract of carriage providing for that carriage.

27 Application of Part [see Note 3]

(1) This Part applies to the carriage of a passenger where the passenger is or is to be carried in an aircraft being operated by the holder of an airline licence or a charter licence in the course of commercial transport operations, or in an aircraft being operated in the course of trade and commerce between Australia and another country, under a contract for the carriage of the passenger:

(a) between a place in a State and a place in another State;

(b) between a place in a Territory and a place in Australia outside that Territory;

(d) between a place in Australia and a place outside Australia;

not being carriage to which the Warsaw Convention, the Hague Protocol, the Montreal Protocol No. 4 or the Guadalajara Convention applies.

(3) For the purposes of this section, where, under a contract of carriage, the carriage is to begin and end in the one State or Territory (whether at the one place or not) but is to include a landing or landings at a place or places outside that State or Territory, the carriage shall be deemed to be carriage between the place where the carriage begins and that landing place, or such one of those landing places as is most distant from the place where the carriage begins, as the case may be.

(4) For the purposes of this section, where:

(a) the carriage of a passenger between two places is to be performed by two or more carriers in successive stages;

(b) the carriage has been regarded by the parties as a single operation, whether it has been agreed upon by a single contract or by two or more contracts; and

this Part applies in relation to a part of that carriage notwithstanding that that part consists of carriage between a place in a State and a place in the same State.

28 Liability of the carrier for death or injury

Subject to this Part, where this Part applies to the carriage of a passenger, the carrier is liable for damage sustained by reason of the death of the passenger or any personal injury suffered by the passenger resulting from an accident which