Document ID: chunk:federal_register_of_legislation:F2024C00980:reg:12
Version: federal_register_of_legislation:F2024C00980
Segment Type: reg
Provision Reference: reg 12
Character Range: 15229–17165

12  Requisitioning of aircraft—dealing with claims for compensation for injury, loss or damage
 (1) Subject to section 11, as soon as practicable after receiving a claim made in accordance with section 10, AA must consider the claim and decide to:
 (a) pay the full amount of compensation claimed; or
 (b) refuse to pay any amount of compensation claimed; or
 (c) refuse to pay the full amount of compensation claimed and pay a part of the compensation claimed.
Note: Decisions about claims are reviewable under section 39.
 (2) AA must give notice to the claimant of a decision under subsection (1).
 (3) The notice must include:
 (a) a statement of reasons for the decision; and
 (b) a statement to the effect that a person whose interests are affected by the decision may:
 (i) apply to AA for review of the decision in accordance with section 39; and
 (ii) subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for a review of a decision made by AA under subsection 39(3).
 (4) In making a decision under subsection (1), AA must have regard to the following:
 (a) any evidence provided by the claimant;
 (b) if the claim is for compensation for loss sustained as a result of the requisitioning of an aircraft:
 (i) charter rates applicable to an aircraft of that type; and
 (ii) the connection between any expense claimed and the use, during the period of the requisition, of the aircraft; and
 (iii) the likely cost of repairing any damage to the aircraft that occurred as a result of its use during the period of the requisition, including the cost of restoring the aircraft to the condition it was in immediately before it was requisitioned;
 (c) if the claim is for compensation for an injury to a person—the amount that would be payable in respect of the injury in accordance with the Safety, Rehabilitation and Compensation Act 1988.

Division 3—Aeronautical information service