1999 Montreal Convention - Commencement Looms

Australia’s implementation of the 1999 Montreal Convention creates a new (and long overdue) regime for air carriers’ liability for cargo, passengers and their baggage. We are pleased to report that the Civil Aviation Legislation Amendment (1999 Montreal Convention and Other Measures) Act 2008 has been passed by both Houses of Parliament and received the Royal Assent on 12 July 2008. The substantive provisions of the Act, including the Convention schedule, are to commence on a date to be fixed by government Proclamation, or, in default of Proclamation, six months following the date on which the Convention enters into force.

According to the Department of Infrastructure, Transport, Regional Development and Local Government, it is the Government’s intention that Proclamation is to occur on the same day the Convention enters into force. According to the Convention’s own terms, the Convention enters into force sixty days after a signatory State deposits an instrument of accession with the Convention’s administering body, the International Civil Aviation Organisation (ICAO).

The Department of Infrastructure, Transport, Regional Development and Local Government is presently preparing to lodge the instrument of accession with ICAO, and the Government expects to make an announcement in relation to the date of Proclamation soon.

Author: Matt Brooks