Document ID: chunk:federal_register_of_legislation:C2021C00236:section:41c:p1
Version: federal_register_of_legislation:C2021C00236
Segment Type: section
Provision Reference: s 41C (pt 1/2)
Character Range: 71303–74128

41C  Acceptable contracts of insurance and adequate financial arrangements

Acceptable contracts of insurance
 (1) For the purposes of this Part, an acceptable contract of insurance, in relation to a passenger‑carrying operation that a carrier engages in, or proposes to engage in, is a contract of insurance that relates to the operation and meets the prescribed requirements.
 (2) The prescribed requirements are:
 (a) the requirements of subsections (3) and (4); and
 (b) any other requirements made by the regulations for the purposes of this section.
 (3) It is a requirement in relation to a contract of insurance that, under the contract, the insurer's liability to indemnify the carrier against personal injury liability, in respect of each passenger carried, or to be carried, by air by the carrier in the operation, is for an amount that is not less than:
 (a) in respect of carriage by a carrier to which Part IA applies:
 (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or
 (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed; or
 (b) in respect of carriage by a domestic carrier to which Part IV applies:
 (i) the amount applicable under subsection (3B), unless subparagraph (ii) applies; or
 (ii) if the regulations prescribe an amount for the purposes of this subparagraph and that amount is higher than the amount applicable under subsection (3B)—the amount so prescribed; or
 (c) in respect of any other carriage:
 (i) the number of SDRs applicable under subsection (3A), unless subparagraph (ii) applies; or
 (ii) if the regulations prescribe a number of SDRs for the purposes of this subparagraph and that number exceeds the number of SDRs applicable under subsection (3A)—the number of SDRs so prescribed.
 (3A) The number of SDRs applicable under this subsection is:
 (a) 480,000, unless paragraph (b) applies; or
 (b) if the regulations provide for indexation in relation to that number—the indexed number worked out in accordance with the regulations.
 (3B) 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.
 (4) It is a requirement of a contract of insurance that, under the contract, the insurer's liability to indemnify the carrier against personal injury liability:
 (a) is not affected by any breach of a safety‑related requirement imposed by or under any Act or by the Civil Aviation Safety Authority; and
 (b) is not contingent upon the financial condition or solvency of the carrier or upon the carrier not being