CIVIL AVIATION (DAMAGE BY AIRCRAFT). No. 81 of 1958. An Act to approve Ratification by Australia of the Rome Convention on Damage caused by Foreign Aircraft to third Parties on the Surface, to give effect to that Convention, and to make provision with respect to the Liabilities of certain Operators of Aircraft in respect of damage on the Surface to which that Convention does not apply. [Assented to 10th October, 1958.] E it enacted by the Queen's Most Excellent Majesty, the Senate, and the House of Representatives of the Commonwealth of Australia, as follows: PART I.-PRELIMINARY. 1. This Act may be cited as the Civil Aviation (Damage by Short title. Aircraft) Act 1958. 2. (1.) Parts I. and IV. of this Act shall come into operation Commenceon the day on which this Act receives the Royal Assent. (2.) Part II. of this Act shall come into operation on a date to be fixed by Proclamation, not being earlier than the ninetieth day after the deposit on behalf of Australia of an instrument of ratification of the Convention. ment. Parts. Definitions. Extension to Act to bind Approval of ratification of Rome Convention. (3.) Part III. of this Act shall come into operation on a date to be fixed by Proclamation. 3. This Act is divided into Parts, as follows: Part I.-Preliminary (Sections 1-7). Part II. Damage to which the Rome Convention applies (Sections 8-15). Part III.-Other Damage to which this Act applies (Sections 16-19). Part IV. Regulations (Section 20). 4. In this Act, unless the contrary intention appears 66 Australia" includes the Territories of the Commonwealth; contracting State" means a country, other than Australia, which is bound by the provisions of the Convention; "the Convention" means the Convention on Damage caused by Foreign Aircraft to third Parties on the Surface opened for signature at Rome on the seventh day of October, One thousand nine hundred and fifty-two, being the Convention a copy of the authentic text of which in the English language is set out in the Schedule to this Act. 5. This Act extends to every Territory of the Commonwealth. 6. This Act binds the Crown in right of the Commonwealth or of any State. 7. Approval is given to ratification by Australia of the Convention. Convention to have the force of law. Actions under PART II.-DAMAGE TO WHICH THE ROME CONVENTION APPLIES. 8. (1.) The provisions of the Convention have the force of law in Australia. (2.) A reference in this Part to the Convention shall, unless the contrary intention appears, be read as a reference to the provisions of the Convention as having the force of law by virtue of this section. 9. (1.) Where damage in relation to which the Convention applies occurs in Australia, an action under the Convention in respect of the damage does not lie in Australia except in a Court having jurisdiction in relation to the place where the damage occurs. (2.) Where an action under the Convention is pending in the Supreme Court of a State or Territory of the Commonwealth, an action under the Convention arising out of the same incident (other than an action instituted before the institution of the action in the Supreme Court) does not lie in any other Court of that State or Territory. (3.) Where actions under the Convention arising out of a single incident are pending in two or more Courts of a State or Territory of the Commonwealth (whether or not one of those Courts is the Supreme Court), the Supreme Court of that State or Territory may, upon the application of the defendant in any such action (or, if there is more than one defendant, upon the application of any defendant), order any such action to be removed into the Supreme Court, and any such order may be made on such terms and conditions as the Supreme Court thinks fit. (4.) For the purposes of section thirty-eight of the Judiciary Act 1903-1955, an action under the Convention shall be deemed not to be a matter arising directly under a treaty. (5.) For the purposes of this section, the Territory of Papua and the Territory of New Guinea shall be deemed to constitute one Territory of the Commonwealth. of actions. 10. (1.) A Court in which two or more actions under the Consolidation Convention are pending, being actions arising out of a single incident, may make such orders as it thinks fit, upon such terms and conditions as it thinks fit, for the purpose of ensuring, so far as the interests of justice and convenience permit, that all of those actions are consolidated for disposal in a single proceeding. (2.) The last preceding sub-section does not prejudice any power of a Court under any other law with respect to any actions to which that sub-section is applicable. 11. (1.) The provisions of this section apply in relation to the liability imposed by the Convention on a person in respect of the death of another person. (2.) The action to enforce the liability may be brought by the personal representative of the deceased person or by one of the persons who suffered damage by reason of the death, but only one action shall be brought in Australia in respect of the death of any one person and the action, by whomsoever brought, shall be for the benefit of all persons for whose benefit the liability is enforceable who are resident in Australia or, not being resident in Australia, express the desire to take the benefit of the action. Liability in death. respect of 67717 0-61- 8 Proceeds of insurance policies in relation to death or injury. Actions against contracting States as operators of aircraft. Evidence of (3.) The damages recoverable in the action include loss of earnings or profits up to the date of death and the reasonable expenses of the funeral of the deceased person and medical and hospital expenses reasonably incurred in relation to the injury that resulted in the death of the deceased person. (4.) In awarding damages, the Court is not limited to the financial loss resulting from the death of the deceased person. (5.) Subject to the next succeeding sub-section, the amount recovered in the action, after deducting any costs not recovered from the defendant, shall be divided amongst the persons entitled in such proportions as the Court (or, where the action is tried with a jury, the jury) directs. (6.) The Court may, at any stage of the proceedings, make any such order as appears to the Court to be just and equitable in view of the provisions of the Convention limiting the liability of the defendant. 12. In assessing damages in respect of liability under the Convention in relation to the death of, or personal injury to, a person, there shall not be taken into account (a) a sum paid or payable on the death of, or personal injury to, that person under a contract of insurance; (b) a sum paid or payable out of a superannuation, provident or like fund, or by way of benefit from a friendly society, benefit society or trade union; or (c) in the case of death, a premium that would have become payable under a contract of insurance in respect of the life of that person if he had lived after the time at which he died. 13. (1.) A contracting State shall, for the purposes of an action under the Convention brought in a Court in Australia to enforce a claim in respect of damage for which, under the Convention, the contracting State is liable as operator of the aircraft concerned or as being otherwise connected with that aircraft, be deemed to have submitted to the jurisdiction of that Court. (2.) Nothing in this section authorizes the issue of execution against the property of a contracting State. 14. (1.) The Minister may, by notice published in the certain matters. Gazette, from time to time declare (a) that a country specified in the notice is a country which has ratified or adhered to the Convention and the date on which the ratification or adherence became effective; |