Document ID: chunk:federal_register_of_legislation:C2008A00079:clause:1_9c
Version: federal_register_of_legislation:C2008A00079
Segment Type: clause
Provision Reference: sch 1 cl 9C
Character Range: 6008–7478

9C  Limitation of liability for Australian international carriers

 (1) The regulations may specify that a number of SDRs exceeding the relevant number of SDRs applies in relation to the liability of an Australian international carrier in respect of the death or injury of a passenger.

 (2) If regulations are made under subsection (1), paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention have the force of law in Australia, in relation to the liability of an Australian international carrier, as if the relevant number of SDRs were instead the number of SDRs specified by the regulations.

 (3) In this section:

Australian international carrier means:
 (a) a carrier designated, nominated or otherwise authorised by Australia under a bilateral arrangement to operate scheduled international air services; or
 (b) a carrier operating a non‑scheduled international flight permitted under section 15D of the Air Navigation Act 1920 and who is an Australian person.

bilateral arrangement has the same meaning as in section 11A of the Air Navigation Act 1920.

relevant number of SDRs means the number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention.

Note: The number of SDRs provided for in paragraphs 1 and 2 of Article 21 of the 1999 Montreal Convention may have been revised as a result of a revision of the limits of liability becoming effective in accordance with Article 24 of the 1999 Montreal Convention.