Civil Aviation Amendment Act 2002

35 New section 91RA inserted
  • The principal Act is amended by inserting, after section 91R, the following section:

    91RA High Contracting Party or Party not Party to Montreal Convention
    • (1) Subsection (2) applies if, by reason of the fact that any High Contracting Party or Party, as the case may be, is not a party to the Montreal Convention, the Montreal Convention does not apply.

      (2) If this subsection applies and the High Contracting Party or Party referred to in subsection (1) is a party to the Warsaw Convention or to the Hague Protocol or to Additional Protocol No 1 or Additional Protocol No 2 or to Protocol 4, the law applicable to any carriage by air is the law referred to in whichever of the following sections that is applicable to that High Contracting Party or Party:

      • (a) sections 91A to 91M (as they read immediately before the commencement of sections 25 to 37 of the Civil Aviation Amendment Act 2002); or

      • (b) section 91O; or

      • (c) section 91P; or

      • (d) section 91Q; or

      • (e) section 91R.

      (3) Subsection (4) applies if a High Contracting Party to the amended Convention is not a party to the Montreal Convention.

      (4) If this subsection applies,—

      • (a) the law applicable to any carriage by air is the law set out in the amended Convention; and

      • (b) each version of Article 22 of the amended Convention set out in Schedule 4 applies in the circumstances outlined in the heading of that version.