Civil Aviation (Carriers’ Liability) Act 1967 (NSW)

Civil Aviation (Carriers' Liability) Act 1967 No 64

An Act relating to the carriage of passengers and baggage by air; and for purposes connected therewith.

1 Name of Act and commencement (1) This Act may be cited as the Civil Aviation (Carriers' Liability) Act 1967. (2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

2 Definitions (1) In this Act: applied provisions means the provisions of the Commonwealth Act and the Commonwealth Regulations as they apply under this Act as laws of the State. Commonwealth authority means an authority or officer of the Commonwealth. the Commonwealth Act means the Civil Aviation (Carriers' Liability) Act 1959 of the Parliament of the Commonwealth of Australia and, if that Act is amended, includes that Act as amended from time to time. the Commonwealth Regulations means the regulations from time to time in force under the Commonwealth Act for the purposes of Part IV or IVA of that Act, other than regulations made for the purposes of section 41 of that Act. (2) The provisions of sections 5, 26 and 41B of the Commonwealth Act apply, by virtue of this Act, to the interpretation of this Act.

3 Act to bind Crown This Act binds the Crown.

4 Carriage to which Act applies The carriage to which this Act applies is 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 under a contract for the carriage of the passenger between a place in the State and another place in the State or from a place in the State back to that place, not being: (a) carriage to which Part IV of the Commonwealth Act applies, or (b) carriage to which the Warsaw Convention, the Hague Protocol or the Guadalajara Convention applies, or (c) carriage to which the provisions of another convention, protocol or treaty apply, being provisions that have the force of law under the Commonwealth Act and that are prescribed for the purposes of this paragraph by the regulations under this Act.