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ARTICLE · 03 SEPTEMBER 2012

Australia updates its aviation liability legislation

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This article describes proposed changes to the Civil Aviation (Carriers' Liability) Act and the Damage by Aircraft Act.

AustraliaTransport
Andrew Tulloch
Andrew Tulloch

Transport and Logistics Bulletin (Australia)

Legislation has been introduced to the Australian Parliament to amend the Civil Aviation (Carriers' Liability) Act 1959 (Cth) (Carriers' Liability Act) and the Damage by Aircraft Act 1999 (Cth) (Damage by Aircraft Act).

Carriers' Liability Act

The legislation will increase the cap on carriers' liability for passenger death or injury in domestic flights from AU$500,000 to AU$725,000. Carriers are also required to increase the amount of their mandatory insurance cover to $725,000 per passenger for domestic flights. This amendment was long overdue in view of the generally more generous compensation available in international air carriage, and also to take account of inflation. The previous limit of $500,000 per passenger was set in 1994.

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