Document ID: chunk:federal_register_of_legislation:C2004A01033:clause:1_5
Version: federal_register_of_legislation:C2004A01033
Segment Type: clause
Provision Reference: sch 1 cl 5
Character Range: 4543–5197

5  After subsection 10(2)
Insert:

 (2A) Subsection (2) does not apply to a person if, immediately before the impact happened:
 (a) the person was the owner of the aircraft; and
 (b) the person did not have an active role in the operation of the aircraft; and
 (c) either:
 (i) there was a lease or other arrangement in force (whether or not with the owner) under which another person had the exclusive right to use the aircraft; or
 (ii) another person had the exclusive right to use the aircraft and there was an agreement in force under which the owner provided financial accommodation in connection with the aircraft.

Insurance Contracts Act 1984