Commonwealth Numbered Acts

CIVIL AVIATION (CARRIERS' LIABILITY) AMENDMENT ACT 1991 No. 189 of 1991 - SECT 4

4. Sections 8 and 9 of the Principal Act are repealed and the following
sections are substituted: Texts of Conventions

"8.(1) For the purposes of this Act, but subject to subsection (2), the text
of a Convention specified in any of the following paragraphs is taken to be
the text set out in the Schedule specified in that paragraph:

   (a)  Schedule 1 - the Warsaw Convention;

   (b)  Schedule 2 - the Warsaw Convention as amended at The Hague;

   (c)  Schedule 3 - the Guadalajara Convention;

   (d)  Schedule 4 - the Montreal No. 3 Convention;

   (e)  Schedule 5 - the Montreal No. 4 Convention.

"(2) If there is any inconsistency between the text of a Convention as set out
in a Schedule and the text that would result if the authentic French texts of
the instruments making up the Convention were read and interpreted together as
one single instrument, the latter text prevails.

"(3) A certificate signed by the Secretary of the Department of Foreign
Affairs and Trade that a document to which the certificate is annexed is a
true copy of the authentic French text of the Warsaw Convention, the Hague
Protocol, the Guadalajara Convention, the Guatemala City Protocol, the
Montreal Protocol No. 3 or the Montreal Protocol No. 4 is evidence that the
document is such a true copy. Conversion of SDR to Australian dollars

"9. In assessing under this Act the damages recoverable in an action against a
carrier, a court must convert all relevant SDR amounts into Australian
dollars, using the exchange rate published by the Reserve Bank of Australia,
being the rate that applies as at the day on which the court's judgment is
given.".