Air Navigation Regulations (Amendment) (Cth)
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I, The Governor-General of the Commonwealth of Australia, acting with the advice of the
Federal Executive Council, make the following Regulations under the
Dated 17 November 1993.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
nick bolkus
Minister for Immigration and Ethnic Affairs
for the
Minister for Transport and Communications
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1.1 The Air Navigation Regulations are amended as set out in these Regulations.
These
Regulations commence on gazettal: see
2.1 Insert the following definitions:
“
(a) a timetable approved under paragraph 106C (1) (a) or (b); or
(b) if a timetable referred to in paragraph (a) is varied under subregulation 106D (1) or (3)—the timetable as varied;
(a) in which the airline is incorporated; or
(b) in which the airline has its place of business; or
(c) in which any aircraft belonging to the airline is registered; or
(d) the government of which directly or indirectly controls the airline; or
(e) of which the airline is a designated airline for the purposes of the relevant agreement;
(a) pass through the air-space over the territory of more than one country; and
(b) is performed by aircraft for the transport of passengers, mail or cargo for remuneration; and
(c) is operated so as to serve traffic between the same 2 or more points:
(i) according to a published timetable; or
(ii) with flights so regular or so frequent that they constitute a recognisable systematic series;
other than a series of flights, between 2 or more points on Australian territory, that pass through the air-space of another country without stopping in that country;
(a) the route of the service; and
(b) the times of departure from, and arrival at, each terminal and intermediate stopping place on the route; and
(c) the frequency of the service; and
(d) the capacity on all or part of the route of the service concerned; and
(e) the type of aircraft operating on all or part of the route of the service concerned.”.
3.1 Omit the heading to Division 6, substitute:
4.1 Omit the regulation.
5.1 Omit the regulation, substitute:
“106B. (1) A licensed international airline must apply to the Secretary for approval of a proposed timetable for each of its international air services to or from Australian territory.
An application under subregulation (1) must:
(a) if the Secretary directs, be in an approved form; and
(b) specify:
(i) the date on which the airline proposes to start operating the service; and
(ii) if known, the date on which the airline proposes to stop operating the service; and
(c) include, in relation to the service, details of the matters referred to in the definition of ‘timetable’ in regulation 5.
An application must be lodged with the Secretary:
(a) not less than 35 days before the date on which the licensed international airline proposes to start operating the service; or
(b) within any lesser period allowed by the Secretary.
If further information is necessary to enable the Secretary to determine an application:
(a) the Secretary may, by notice in writing, require the licensed international airline to provide it; and
(b) the Secretary is not bound to consider the application further, or to determine it, until he or she receives the information.
“106C. (1) If the Secretary receives an application under regulation 106B, the Secretary may:
(a) approve the timetable to which the application relates in accordance with the application; or
(b) approve the timetable:
(i) with specified variations; or
(ii) subject to specified conditions; or
(c) reject the timetable.
When exercising his or her powers under this regulation the Secretary may have regard to:
(a) the relevant agreement; and
(b) the matters referred to in the definition of ‘timetable’ in regulation 5; and
(c) the likely type, proportion or amount of traffic, or the origin or destination of traffic, that may be carried on all or part of the route of the service concerned; and
(d) any approved timetable of:
(i) the same licensed international airline; or
(ii) another airline from the same country as the applicant; or
(iii) an airline of a country in which a terminal or intermediate stopping place on the route of the service to which the application relates is situated; and
(e) any other relevant matter.
An approval under subregulation (1) has effect for the period, not exceeding 12 months, specified by the Secretary in the approval.
The Secretary must, if practicable, notify a licensed international airline that has applied for approval of a timetable, before the date on which the airline proposes to start operating the service, of his or her decision under subregulation (1).
Notification under subregulation (4) must:
(a) be in writing; and
(b) if the timetable is approved—state the period for which the timetable is approved; and
(c) if the timetable is approved subject to variations—state the details of, and the reasons for, the variations; and
(d) if the timetable is approved subject to conditions—state the details of, and the reasons for imposing, the conditions; and
(e) if the timetable is rejected—state the reasons for the rejection.
“106D. (1) The Secretary may vary, suspend or cancel an approved timetable, or vary, suspend or remove a condition in relation to an approved timetable, or impose a further condition in relation to an approved timetable, if:
(a) the airline operates a service otherwise than in accordance with the approved timetable, or otherwise than in accordance with a condition subject to which the timetable is approved; or
(b) the airline fails to operate a service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved; or
(c) in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline:
(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing an international air service; or
(ii) has engaged in unfair, discriminatory or restrictive practices in relation to an international air service provided by an Australian airline; or
(iii) has denied an Australian airline fair and equal opportunity in the provision of an international air service; or
(d) in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; or
(e) there has been a substantial change in any of the matters to which the Secretary has had regard under subregulation 106C (2); or
(f) it is in the public interest to vary, suspend or cancel the timetable or to vary, suspend or remove the condition, or impose a further condition in relation to the approved timetable, as the case may be.
A licensed international airline may apply to the Secretary for a variation of an approved timetable, or the variation or removal of a condition imposed by the Secretary in relation to an approved timetable, in relation to an international air service that it operates.
If the Secretary receives an application under subregulation (2), the Secretary may, having regard to the matters referred to in subregulation (1):
(a) vary the approved timetable to which the application relates in accordance with the application; or
(b) vary the approved timetable with alterations, or subject to conditions, determined by the Secretary; or
(c) vary or remove a condition imposed by the Secretary in relation to the approved timetable; or
(d) refuse to vary the timetable, or vary or remove the condition, as the case requires.
If the Secretary varies, suspends or cancels an approved timetable or varies, suspends or cancels or removes a condition imposed by the Secretary in relation to an approved timetable, or imposes a further condition in relation to an approved timetable, he or she must, as soon as practicable, notify the airline concerned in writing of:
(a) the reasons for his or her decision; and
(b) in the case of a variation:
(i) the details of the variation; and
(ii) the date of its effect; and
(c) in the case of a suspension—the duration of the suspension; and
(d) in the case of a removal or cancellation—the date of its effect.
“106E
“106f. (1) A licensed international airline must not operate an international air service to or from Australian territory unless the service is operated in accordance with:
(a) an approved timetable; and
(b) any conditions imposed by the Secretary in relation to the approved timetable.
Penalty: 50 penalty units.
A licensed international airline or any other person must not advertise that it operates, or that it will operate, an international air service to or from Australian territory unless the operation of the service is, or would be in accordance with:
(a) an approved timetable; and
(b) any conditions imposed by the Secretary in relation to the approved timetable.
Penalty: 50 penalty units.
In spite of subregulation (2), a licensed international airline or any other person may advertise that it intends to operate an international air service to or from Australian territory if:
(a) an application for approval of a timetable is lodged with the Secretary; and
(b) the Secretary has not decided whether to approve the timetable; and
(c) the advertised service will be operated in accordance with the proposed timetable; and
(d) the advertisement states that the operation of the service is subject to Government approval.
6.1 Omit the regulation, substitute:
(1) A licence issued under this Division remains in force until it is cancelled or suspended in accordance with the Act or these Regulations.
The Secretary may vary the terms of a licence issued under this Division if:
(a) the licence holder applies for the terms of the licence to be varied; or
(b) the airline operates a service otherwise than in accordance with the approved timetable, or otherwise than in accordance with a condition subject to which the timetable is approved;
(c) the airline fails to operate a service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved; or
(d) in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline:
(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing an international air service; or
(ii) has engaged in unfair, discriminatory or restrictive practices in relation to an international air service provided by an Australian airline; or
(iii) has denied an Australian airline fair and equal opportunity in the provision of an international air service; or
(e) the airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; or
(f) there has been a substantial change in any of the matters to which the Secretary has had regard under subregulation 106C (2); or
(g) it is in the public interest to vary the terms of the licence.”.
7.1 If an application for approval of a timetable was made under the Air Navigation Regulations as amended and in force immediately before the commencement of these Regulations and the outcome of the application was not determined before the commencement of these Regulations, the application is regarded as having been made under the Air Navigation Regulations as amended by these Regulations.
7.2 If a timetable was approved under the Air Navigation Regulations as amended and in force immediately before the commencement of these Regulations and the approval had not expired or been revoked before the commencement of these Regulations, the timetable is regarded as having been approved under the Air Navigation Regulations as amended by these Regulations.
1. Notified in the
Commonwealth of Australia Gazette on 25 November 1993.2. Statutory Rules 1947 Nos. 112 as amended by 1947 No. 162; 1948 No. 69; 1949 Nos. 6 and 70; 1950 No. 69; 1952 Nos. 30, 46 and 87; 1953 No. 44;
1954 Nos. 26, 32 and 119; 1955 No. 29; 1956 No. 16; 1957 No. 12; 1958 No. 77; 1960 Nos. 21, 96 and 99; 1961 No. 102; 1964 Nos. 61 and 128; 1965 No. 33; 1966 No. 5; 1967 No. 65; 1969 No. 4; 1970 Nos. 21 and 214; 1971 No. 31; 1972 No. 166; 1973 Nos. 182 and 247; 1974 Nos. 36, 54 and 96; 1975 No. 32; 1976 Nos. 67, 77, 111 and 124; 1977 No. 124; 1978 No. 140; 1980 Nos. 67, 106, 136, 187, 204, 247 and 269; 1981 Nos. 32, 77, 253 and 308; Act No. 76, 1981; Statutory Rules 1982 No. 270; 1983 Nos. 39, 149 and 202; 1984 Nos. 208 and 314; 1985 Nos. 203, 276, 300 and 329; 1986 Nos, 141, 284 and 357; 1987 Nos. 207 and 278; 1988 Nos. 159 and 378; 1989 No. 400; 1990 Nos. 255, 299 and 432; 1991 Nos. 74 and 193; 1992 Nos. 104, 153, 221 and 316; 1993 No. 265.
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