Document ID: chunk:federal_register_of_legislation:C2021C00236:section:31:p2
Version: federal_register_of_legislation:C2021C00236
Segment Type: section
Provision Reference: s 31 (pt 2/3)
Character Range: 56863–59633

applicable under subsection (1B)—the number of SDRs so specified; or
 (d) if, at the date of the accident, a regulation was in force under paragraph (b) prescribing a number of SDRs and that number exceeds the number of SDRs applicable under subsection (1B) 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.
 (1B) 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.
 (2) Subject to the regulations relating to baggage checks, the liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage of any one passenger, being baggage that is, or includes, registered baggage, is limited to:
 (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (2A); or
 (b) where, at the date of the occurrence that caused the destruction, loss, or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (2A) and paragraph (c) does not apply—the amount prescribed by that regulation; or
 (c) where an amount that exceeds:
 (i) if, at the date of the occurrence referred to in paragraph (b), no regulation was in force under that paragraph—the amount applicable under subsection (2A); or
 (ii) if, at the date of the occurrence referred to in paragraph (b), a regulation was in force under that paragraph prescribing an amount and that amount is higher than the amount applicable under subsection (2A)—the amount prescribed by the regulation;
  is specified, in the contract of carriage pursuant to which the passenger was carried, as the limit of the carrier's liability—the amount so specified.
 (2A) The amount applicable under this subsection is:
 (a) $3,000, 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.
 (3) The liability of a carrier under this Part in respect of the destruction or loss of, or injury to, the baggage, other than registered baggage, of any one passenger is limited to:
 (a) if neither paragraph (b) nor (c) applies—the amount applicable under subsection (4); or
 (b) where, at the date of the occurrence that caused the destruction, loss or injury, a regulation was in force prescribing an amount for the purposes of this paragraph and that amount is higher than the amount applicable under subsection (4)