1 -1. Short title, application and commencement.

(1) This Act may be cited as the Carriage By Air Act 1974 and shall extend throughout Malaysia .

(2) Except as provided in subsection (3), this Act shall come into force on such day as the Yang di-Pertuan Agong may by order certify to be the day on which the Convention comes into force as regards Malaysia.

(3) Section 11 shall come into force on such day as the Yang di- Pertuan Agong may by order certify to be the day on which the Supplementary Convention comes into force as regards Malaysia.

(4) Section 11A shall come into force on such day as the Yang di-Pertuan Agong may by order certify to be the day on which the Amended Convention and the Montreal Convention come into force as regards Malaysia.

[Ins. Act A1310:s.2]

2 -2. Interpretation.

In this Act, unless the context otherwise requires:

  "Amended Convention"  means the Convention as further amended by the Montreal Protocol No. 4 of 1975 as set out in the Fifth Schedule;

[Ins. Act A1310:s.3]

  "Carriage by Air Conventions"  mean the Convention, the Supplementary Convention, the Amended Convention and the Montreal Convention;

[Ins. Act A1310:s.3]

  "Convention"  means the Convention for the unification of certain rules relating to international carriage by air known as "the Warsaw Convention as amended at The Hague, 1955" as set out in the First Schedule;

  "court"  includes (in an arbitration allowed by the Convention) an arbitrator;

  "Mini

3 -3. Convention to have force of law.

(1) Subject to this section, the provisions of the Convention shall, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons, and subject to the provisions of this Act, have the force of law in Malaysia in relation to any carriage by air to which the Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) This section shall not apply so as to affect rights or liabilities arising out of an occurrence before the coming into force of this section.

4 -4. Designation of State Parties.

[Am. Act A1310:s.4]

(1) The Yang di-Pertuan Agong may by order from time to time certify who are the State Parties to the Convention, Carriage By Air Conventions in respect of what territories they are respectively parties and to what extent they have availed themselves of the provisions of the Additional Protocol at the end of the Convention or Additional Protocol at the end of the Amended Convention or Article 57 of the Montreal Convention, and any such order shall, except in so far as it has been superseded by a subsequent order, be conclusive evidence of the matters so certified.

[Am. Act A1310:s.4]

(1A) The Yang di-Pertuan Agong may by order from time to time certify any revision of the limits of liability established pursuant to Article 24 of the Montreal Convention.

[Ins. Act A1310:s.4]

(2) Paragraph (2) of Article 40A of the Convention a

5 -5. Fatal accidents.

Any liability imposed by Article 17 of the Convention, Article 17 of the Amended Convention or paragraph 1 of Article 17 of the Montreal Convention on a carrier in respect of the death of a passenger shall be in substitution for any liability of the carrier in respect of the death of that passenger either under any written law or any rule of law in force in Malaysia relating to fatal accidents due to a wrongful act, neglect or default and the provisions set out in the Third Schedule shall have effect with respect to the person by and for whose benefit the liability so imposed is enforceable and with respect to the manner in which it may be enforced.

[Am. Act A1310:s.5]

6 -6. Limitations of liability.

(1) It is hereby declared that the limitations on liability in Article 22 of the Convention, Article 22 of the Amended Convention and Articles 21, 22 and 44 of the Montreal Convention apply whatever the nature of the proceedings by which liability may be enforced and that, in particular:

[Am. Act A1310:s.6]

(a) those limitations apply where proceedings are brought by a tortfeasor to obtain a contribution from another tortfeasor, and

(b) the limitation for each passenger in paragraph (1) of Article 22 of the Convention, paragraph (1) of Article 22 of the Amended Convention and Article 21 and paragraph 1 of Article 22 of the Montreal Convention applies to the aggregate liability of the carrier in all proceedings which may be brought against the carrier under the appropriate law in force in the relevant part of Malaysia, together with any proceedings brought against the carrier

7 -7. Time for bringing proceedings.

(1) No action against a carrier's servant or agent which arises out of damage to which any of the Carriage by Air Conventions relates shall, if he was acting within the scope of his employment, be brought after more than two years, reckoned from the date of arrival at the destination or from the date on which the aircraft ought to have arrived, or from the date on which the carriage stopped.

[Am. Act A1310:s.7]

(2) Article 29 of the Convention, Article 29 of the Amended Convention and Article 35 of the Montreal Convention shall not be read as applying to any proceedings for contribution between tortfeasors, but no action shall be brought by a tortfeasor to obtain a contribution from a carrier in respect of a tort to which Article 29 of the Convention, Article 29 of the Amended Convention or Article 35 of the Montreal Convention applies after the expiration of two years from the time when judgment is obtained again

8 -8. Contributory negligence.

It is hereby declared that for the purposes of Article 21 of the Convention, Article 21 of the Amended Convention and Article 20 of the Montreal Convention, section 12 of the Civil Law Act 1956 is a provision of the law of Malaysia under which a court may exonerate the carrier wholly or partly from his liability.

[Am. Act A1310:s.8]

9 -9. Power to exclude aircraft in use for military purposes.

(1) The Yang di-Pertuan Agong may from time to time by order direct that this section shall apply, or shall cease to apply, to Malaysia or any other State, specified in the order.

(2) The Carriage By Air Conventions shall not apply to the carriage of persons, cargo and baggage for the military authorities of a State to which this section applies in aircraft registered in that State if the whole capacity of the aircraft has been reserved by or on behalf of those authorities.

[Am. Act A1310:s.9]

10 -10. Actions against State Parties.

[Am. Act A1310:s.10]

(1) Each State Party to any of the Carriage by Air Conventions shall for the purposes of any action brought in a court in Malaysia in accordance with Article 28 of the Convention, Article 28 of the Amended Convention or Articles 33 and 46 of the Montreal Convention to enforce a claim in respect of carriage undertaken by him, be deemed to have submitted to the jurisdiction of that court, and accordingly rules of court may provide for the manner in which any action is to be commenced and carried on; but nothing in this section shall authorize the issue of execution against the property of any State Party to any of the Carriage by Air Conventions.

[Subs. Act A1310:s.10]

(1A) This section shall not apply to a State Party who has availed himself of the Additional Protocol at the end of the Convention or the Additional Protocol at the end of the Amended Convention in r

11 -11. Supplementary Convention to have force of law.

(1) Subject to this section, the provisions of the Supplementary Convention shall, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons, and subject to the provisions of this Act, have the force of law in Malaysia in relation to any carriage by air to which the Supplementary Convention applies, irrespective of the nationality of the aircraft performing that carriage.

(2) This section shall not apply so as to affect rights or liabilities arising out of an occurrence before the coming into force of this section.

11A -11A. Amended Convention and Montreal Convention to have force of law.

The principal Act is amended by inserting after section 11 the following section:

(1) Subject to this section, the provisions of the Amended Convention and the Montreal Convention shall, so far as they relate to the rights and liabilities of carriers, carriers' servants and agents, passengers, consignors, consignees and other persons, and subject to the provisions of this Act, have the force of law in Malaysia in relation to any carriage by air to which the Amended Convention and the Montreal Convention apply, irrespective of the nationality of the aircraft performing that carriage.

(2) This section shall not apply so as to affect rights or liabilities arising out of an occurrence before the coming into force of this section.

[Ins. Act A1310:s.11]

12 -12. Application to carriage by air not governed by Carriage by Air Conventions.

[Subs. Act A1310:s.12]

(1) The Yang di-Pertuan Agong may by order apply the provisions of the Carriage by Air Conventions together with any other provisions of this Act, to carriage by air, not being carriage by air to which the relevant Convention applies, of such description as may be specified in the order, subject to such exceptions, adaptations and modifications, if any, as may be so specified.

[Am. Act A1310:s.12]

(2) Any order made under this section may contain such transitional and other consequential provisions as appear to the Yang di-Pertuan Agong to be expedient.

(3) Any order made under subsection (1) or (2) shall be laid before both Houses of Parliament as soon as may be after it is made.

13 -13. Act to bind Federal land State Governments.

This Act shall bind the Governments of Malaysia and every State thereof.

14 -14. Repeal.

(1) The Enactments specified in the Fourth Schedule are hereby repealed.

(2) The Carriage By Air Act 1932, the Carriage By Air Act 1961, the Carriage By Air (Supplementary Provisions) Act 1962, all of the United Kingdom, and all orders and other subsidiary legislation made under those Acts shall cease to have effect in any part of Malaysia, and such cessation shall be deemed to be a repeal for the purposes of the Interpretation Act 1967.