CARRIAGE BY AIR AMENDMENT BILL, 2006 - PowerPoint PPT Presentation

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CARRIAGE BY AIR AMENDMENT BILL, 2006

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Title: CARRIAGE BY AIR AMENDMENT BILL, 2006


1
CARRIAGE BY AIR AMENDMENT BILL, 2006
  • 06 SEPTEMBER 2006

2
CONTENTS
  • PURPOSE OF PRESENTATION
  • BACKGROUND
  • OBJECT OF AMENDMENT BILL
  • CONTENTS OF AMENDMENT BILL
  • CONSULTATION
  • COMMENTS RECEIVED
  • FINANCIAL IMPLICATIONS
  • RECOMMENDATION

3
PURPOSE
  • To request the portfolio committee to approve the
    Carriage by Air Amendment Bill, 2006

4
BACKGROUND
  • The Convention for the Unification of Certain
    Rules for International Carriage by Air 1999 (
    the Montreal Convention ) was presented to both
    Houses of Parliament for Accession.
  • Both Houses have approved for South Africa to
    accede to the Convention.
  • The purpose of the Convention is to modernise
    the Warsaw System of liability for the
    international carriage of passengers, baggage and
    cargo.
  • The Carriage by Air Amendment Bill seek to give
    effect to the Montreal Convention.

5
OBJECTS OF THE AMENDMENT BILL, 2006
  • To amend the Carriage by Air Act, 1946, so as to
    insert certain definitions
  • To give effect to the International Convention
    for the Unification of certain rules for
    international Carriage by Air
  • To apply certain words contained in the said
    Convention
  • To extend the Ministers powers to make
    regulations
  • To replace the schedule and
  • To provide for matters connected therewith.
  •  

6
CONTENTS OF THE BILL
  • Section 1. inserts certain definitions
  • Section 2 to 6 propose amendments that will
    facilitate the implementation of the Montreal
    Convention
  •  
  • Section 8 proposes to insert a provision
    extending the powers of the Minister of Transport
    to make regulations
  •  
  • Section 9 proposes to replace the Warsaw
    Convention with the Montreal Convention schedule.

7
CONSULTATION
  • The following Departments / Bodies/ Persons were
    consulted
  • Government Departments
  • Department of Foreign Affairs
  • Department of Justice
  • Department of Trade and Industry
  • Department of Environmental Affairs and Tourism

8
CONSULTATION continued..
  • Industry
  • CAA - Civil Aviation Authority
  • ACSA - Airports Company South Africa
  • AASA - Airlines Association of Southern Africa
  • CAASA - Commercial Aviation Association of South
    Africa
  • Aero Club
  • SAA - South African Airways
  • COMAIR
  • Interair
  • Insurance Industry

9
COMMENTS RECEIVED
  • Comments were received from Comair, and
    subsequently clarified.
  • The office of the Chief State Law Adviser (DFA
    and DOJ) are in agreement with the Amendment
    Bill.

10
FINANCIAL IMPLICATION
  • In terms of article 50 of the Montreal
    Convention, air carriers are required to maintain
    adequate insurance covering their liability under
    this Convention
  • Government is therefore, not liable for any
    damages that might occur as a result of any
    delay, loss of baggage or cargo in aircraft
    accidents

11
RECCOMMENDATION
  • That the Portfolio Committee approves the
    Carriage by Air Amendment Bill, 2006.
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