Document ID: chunk:federal_register_of_legislation:F2019L01172:reg:9
Version: federal_register_of_legislation:F2019L01172
Segment Type: reg
Provision Reference: reg 9
Character Range: 4409–6507

9  Permitted exclusions of insurer's liability
 (1) This section is made for the purposes of section 41D of the Act.

Standard exclusion clauses
 (2) A contract of insurance that indemnifies the insured carrier against personal injury liability may exclude liability by adopting:
 (a) a standard exclusion clause covered by subsection (3); or
 (b) a clause that has similar effect to a standard exclusion clause covered by subsection (3).
 (3) This subsection covers the following standard exclusion clauses, as accessible on the International Underwriting Association of London website (http://www.iuaclauses.co.uk) on 1 October 2019:
 (a) the Aviation Radioactive Contamination Exclusion Clause (General) (also called AVN 38A);
 (b) the Nuclear Risks Exclusion Clause (also called AVN 38B);
 (c) the Noise and Pollution and Other Perils Exclusion Clause (also called AVN 46B);
 (d) the War, Hijacking and Other Perils Exclusion Clause (Aviation) (also called AVN 48B).

Exclusion of liability for employees
 (4) A contract of insurance that indemnifies the insured carrier against personal injury liability may exclude liability in respect of an employee of the carrier who is travelling in the course of the employee's duties as an employee.

Exclusion of liability for aircraft that are not notified
 (5) A contract of insurance that indemnifies an insured carrier against personal injury liability may exclude liability in respect of a passenger who travels on an aircraft operated by the carrier that is not notified in relation to the contract of insurance.
 (6) For the purposes of subsection (5), an aircraft is notified in relation to a contract of insurance if the insurer has given CASA a notice in writing to the effect that the insurer is prepared to indemnify the insured carrier in relation to personal injury liability arising out of the operation by the insured carrier of:
 (a) aircraft of that type, being a type identified in the contract of insurance; or
 (b) that aircraft, as identified in the contract of insurance by make, model and registration mark.

Part 4—Auditing