30 March 2008

Australia adopting the Montreal Convention on air carrier liability

On 20 March 2008 the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Bill 2008, that will allow Australia to ratify the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention 1999) was introduced into the Australian Federal Parliament. The Montreal Convention covers air carrier liability and Australia will be the last OECD country to do so. The Australian Department of Infrastructure has a good page on the subject with links to details of what is happening.

This action is of considerable significance for New Zealand as the trans-Tasman air transport market is our largest. New Zealand ratified the Convention on 18 November 2002. The relevant part of the Civil Aviation Act 1990 came into effect on 4 November 2003. The New Zealand National Interest Analysis of this treaty is available here.

The liability regime is a matter of private international law.

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