Damage by Aircraft Act 1999

The Damage by Aircraft Act 1999 is an Australian law that provides liability for certain injury, loss, damage or destruction caused by aircraft, or by people, animals or things that are dropped or fell from an aircraft in flight. The main object of this Act is to facilitate the recovery of damages for such injury, loss, damage or destruction.

The Act defines key terms, including "aircraft," "operator," and "in flight." It also provides provisions for liability, including the application of the Act to certain external territories, Commonwealth aircraft, and foreign corporations. The Act sets out rules for recovering damages in actions against individuals who are jointly and severally liable under section 10.

The legislation has undergone amendments, with changes affecting sections 10, 11A, 11B, and Schedule 1. These amendments have been made through various Acts, including the Aviation Legislation Amendment (Liability and Insurance) Act 2012.

The Act applies to injuries, losses, damages or destruction caused by an impact with an aircraft in flight, part of an aircraft damaged or destroyed while in flight, a person, animal or thing dropped or fell from an aircraft in flight, or a result of such an impact. The court determines the amount of reduction under subsection (3) when assessing damages.

The Act binds the Crown and applies to acts, omissions, matters and things within Australian territory. It does not apply in relation to Defence Force aircraft, but it applies to certain other situations involving aircraft engaged in international air navigation or trade and commerce with other countries and among states.