Document ID: chunk:federal_register_of_legislation:C2021C00236:section:31:p1
Version: federal_register_of_legislation:C2021C00236
Segment Type: section
Provision Reference: s 31 (pt 1/3)
Character Range: 54391–57098

31  Limitation of liability
 (1) Subject to the regulations relating to passenger tickets, the liability of a domestic carrier under this Part in respect of each passenger, by reason of his or her injury or death resulting from an accident, is limited to:
 (a) if none of paragraphs (b), (c) and (d) applies—the amount applicable under subsection (1AA); or
 (b) where, at the date of the accident, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (1AA) and paragraph (c) does not apply—the amount prescribed by that regulation; 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 an amount that exceeds the amount applicable under subsection (1AA)—the amount so specified; or
 (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing an amount and that amount is higher than the amount applicable under subsection (1AA) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as an amount that exceeds the amount so prescribed—the amount so specified.
 (1AA) The amount applicable under this subsection is:
 (a) $925,000, unless paragraph (b) applies; or
 (b) if the regulations provide for indexation in relation to that dollar amount—the indexed amount worked out in accordance with the regulations.
 (1A) Subject to the regulations relating to passenger tickets, the liability under this Part of a carrier to which this Part applies, other than a domestic carrier, in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to:
 (a) if none of paragraphs (b), (c) and (d) applies—the number of SDRs applicable under subsection (1B); or
 (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs for the purposes of this paragraph and that number exceeds the number of SDRs applicable under subsection (1B) 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 the number of SDRs applicable under subsection (1B)—the number of SDRs so specified; or
 (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable