Document ID: chunk:federal_register_of_legislation:C2004A04945:front:0:p9
Version: federal_register_of_legislation:C2004A04945
Segment Type: other
Provision Reference: 
Character Range: 20437–23297

that the Commission pay a specified interim dividend, or not pay any interim dividend, to the Commonwealth for the financial year.

"(3) In making a recommendation, the Commission must have regard to:

   (a) the need to ensure that the Commonwealth receives a reasonable return on the capital of the Commission used in the Commission's operations in the financial year; and

   (b) such other commercial matters as the Commission considers relevant.

"(4) The Minister must, within 45 days after receiving a recommendation, by written notice to the Commission, either:

(a) approve the recommendation; or

(b) give directions to the Commission in relation to the payment of an interim dividend.

"(5) If the Minister gives the Commission a direction under paragraph (4)(b), he or she must inform the Commission, by notice in writing, of the reasons for the direction.

"(6) If an interim dividend is approved or directed under subsection (4), the Authority must pay the interim dividend to the Commonwealth by 15 June in the financial year.".

PART E

AMENDMENTS OF THE CIVIL AVIATION (CARRIERS' LIABILITY) ACT 1959

1. After section 11:

  Insert:

SCHEDULE 1—continued

Limitation of liability for Australian international carriers

"11A.(1) Despite the terms of paragraph 1 of Article 22 of the Convention, but subject to the regulations relating to passenger tickets, the liability of an Australian international carrier under this Part in respect of each passenger, by reason of the passenger's injury or death resulting from an accident, is limited to:

(a) if neither paragraph (b) nor (c) applies—260,000 SDRs; or

    (b) if, at the date of the accident, a regulation was in force prescribing a number of SDRs that exceeds 260,000 for the purpose of this section and paragraph (c) does not apply—the number of SDRs so prescribed; or

    (c) if, at the date of the accident, no regulation was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds 260,000—the number of SDRs so specified; or

    (d) if, at the date of the accident, a regulation prescribing a number of SDRs exceeding 260,000 was in force under paragraph (b) but the contract of carriage under which the passenger was carried specified the limit of the carrier's liability as a number of SDRs that exceeds the number so prescribed—the number of SDRs so specified.

"(2) 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 13A of the Air Navigation Act 1920;

'bilateral arrangement' has the same meaning