Paper consolidating aviation legislation
Damages above the 100 000 SDR threshold are available to the claimant, unless the air carrier is able to prove that either the damage was not caused by the negligence or other wrongful act or omission of the carrier, its servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party.
(The Special Drawing Right is a monetary unit of the International Monetary Fund.
However, it has been necessary to make departures from the precise working of Part II to reflect modern drafting techniques, and departures described below to ensure the effective operation of the provisions of the Montreal Convention within Australian law.
The Bill allows for regulations to increase insurance levels for air carriers conducting international carriage to and from Australia and to increase the liability limits for Australian international carriers.
Applicants will be able to claim up to 100 000 Special Drawing Rights (SDRs) on a strict liability basis – (i.e.
they will not need to prove that the carrier was at fault).
As any regulations will be a disallowable instrument, Parliament will maintain oversight.
The Bill will also enable the Minister to give notice in the Gazette of different matters relevant to the new Part relating to the Montreal Convention.the class of relatives of a passenger killed in an air incident who may bring an action against a domestic carrier, or an international carrier flying to or from Australia, to enforce liability under the Carriers’ Liability Act.