Civil Aviation (Carriers' Liability) Act 1963

An Act to provide for the application of certain laws of the Commonwealth to and in relation to the carriage of passengers by air within this State

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title and commencement

(1)  This Act may be cited as the Civil Aviation (Carriers' Liability) Act 1963 .

(2)  This Act shall commence on a date to be fixed by proclamation.

2.   Interpretation

(1)  [Section 2 Subsection (1) amended by No. 36 of 1996, s. 4 ]In this Act, unless the contrary intention appears –

[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003] applied provisions means the provisions of the Commonwealth Act as they apply under this Act as a law of this State;

Commonwealth Act means the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth and, if that Act is amended, includes that Act as amended from time to time;

[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003] Commonwealth authority means an authority or officer of the Commonwealth;

[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003] 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;

[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003] Commonwealth/State scheme means –

(a) the Commonwealth Act; or

(b) the provisions of the Commonwealth Act as applied by this Act and the corresponding legislation of other States;

[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003] State includes a Territory;

[Section 2 Subsection (1) amended by No. 3 of 2003, s. 4, Applied:16 Apr 2003] State authority means an authority or officer of this State.

(2)  The provisions of sections 5 and 26 of the Commonwealth Act apply, by virtue of this Act, to the interpretation of section 4 of this Act in like manner as they apply to the interpretation of section 27 of the Commonwealth Act .

3.   Act to bind the Crown

This Act binds the Crown.

4.   Carriage to which Act applies

[Section 4 Amended by No. 69 of 1971, s. 2 ]This Act 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 of a charter licence in the course of commercial transport operations under a contract for the carriage of the passenger between a place in this State and another place in this State or from a place in this State back to the last-mentioned place, not being carriage to which Part IV of the Commonwealth Act applies or to which the Warsaw Convention, or the Warsaw Convention as affected by the Hague Protocol, applies.

5.   Application of provisions of Commonwealth Act and regulations

[Section 5 Amended by No. 36 of 1996, s. 5 ]The provisions of Parts IV and IVA of the Commonwealth Act (other than sections 27 , 40 , and 41 ), and, subject to any regulations made by the Governor pursuant to section 7 of this Act, the provisions of the Commonwealth Regulations, apply to and in relation to carriage to which this Act applies, and matters connected with carriage to which this Act applies, as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated –

(a) general references to Part IV or IVA of the Commonwealth Act were references to this Act;

(b) a reference in one of those provisions to another of those provisions were a reference to that other provision as applying by virtue of this Act;

(c) the reference in subsection (5) of section 29 of the Commonwealth Act to carriage referred to in subsection (4) of section 27 of that Act were a reference to the carriage of a passenger where –

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

(ii) 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

(iii) this Act would have applied to that carriage if it had been performed by a single carrier under a single contract; and

(d) the references in sections 31 , 41C (2) (b) and 41D of the Commonwealth Act to the regulations relating to certain matters were references to the provisions of the Commonwealth Regulations relating to those matters as applying by virtue of this Act.

5A.   Administration of Commonwealth/State scheme as Commonwealth Act

[Section 5A Inserted by No. 3 of 2003, s. 5, Applied:16 Apr 2003]

(1)  It is the intention of the Parliament that the Commonwealth/State scheme, to the extent it operates by force of this Act, should be administered and enforced in the same way as the Commonwealth Act and the Commonwealth Regulations.

(2)  To that end –

(a) Commonwealth authorities have the same powers to enforce the applied provisions as they have to enforce the Commonwealth Act and the Commonwealth Regulations; and

(b) the laws of the Commonwealth apply as laws of this State to offences against the applied provisions as if they were offences against the Commonwealth Act or the Commonwealth Regulations and not offences against the laws of this State.

(3)  For the purposes of this section, a reference in a Commonwealth law to a provision of that or another Commonwealth law is taken to be a reference to that provision as applying by virtue of this section.

(4)  Without limiting subsection (2)(b) , the laws of the Commonwealth that apply to offences against the applied provisions under that subsection are taken to include the following Acts (including an Act enacted in substitution for one of the following Acts), as amended from time to time:

(a) Acts Interpretation Act 1901 ;

(b) Crimes Act 1914 ;

(c) Director of Public Prosecutions Act 1983 ;

(d) Evidence Act 1995 .

(5)  Nothing in this Act –

(a) derogates from the powers of State authorities to enforce the applied provisions; or

(b) imposes a duty on Commonwealth authorities to enforce the applied provisions.

(6)  Without limiting the generality of subsection (5)(a)  –

(a) the Minister may apply to a court of competent jurisdiction for an injunction restraining a carrier from engaging in prohibited carriage; and

(b) for that purpose, a reference in section 41J of the Commonwealth Act, as applied and incorporated in this Act, to a Commonwealth authority is taken to include a reference to the Minister.

6.   Stowaways

The provisions of section 42 of the Commonwealth Act apply in relation to a person who, within this State, travels in an aircraft without the consent of the carrier as if those provisions were incorporated in this Act and as if, in those provisions as so incorporated, a reference to a Part or to Parts of the Commonwealth Act were a reference to this Act.

7.   Regulations

(1)  The Minister shall cause to be laid before each House of Parliament a copy of any regulations made under the Commonwealth Act within the first 10 sitting days of the House after the making of the regulations has been notified in the Commonwealth of Australia Gazette.

(2)  The provisions of subsections (4) , (5) , (6) , and (7) of section 47 of the Acts Interpretation Act 1931 , with the necessary adaptations, apply to and in relation to regulations that are laid before each House of Parliament pursuant to subsection (1) as if those regulations were regulations made under an Act of the Parliament of this State.

(3)  The Governor may, in relation to carriage to which this Act applies, make regulations prescribing all matters that are required or permitted to be prescribed, or that are necessary or convenient to be prescribed, for carrying out or giving effect to the Commonwealth Act .

(4)  If the Governor makes any regulations under the authority of subsection (3) , the Commonwealth Regulations, in so far as they are inconsistent with any regulations so made by the Governor, cease to apply to or in relation to carriage to which this Act applies and to matters connected with carriage to which this Act applies.

(5)  Where regulations are made by the Governor under the authority of subsection (3) , any reference in the Commonwealth Act to regulations made thereunder shall, in respect of the application of the Commonwealth Act by virtue of this Act, be construed as including a reference to regulations made by the Governor and as excluding a reference to any Commonwealth regulations that are inconsistent therewith.

8.   Review of Act

[Section 8 Inserted by No. 36 of 1996, s. 6 ]The Minister must ensure that this Act is reviewed within 10 years from the day on which the Civil Aviation (Carriers' Liability) Amendment Act 1996 commences.