Air Navigation Regulations (Amendment) (Cth)

Statutory Rules 1988 No. 3781

Air Navigation Regulations2 (Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Air Navigation Act 1920.

Dated 15 December 1988.

N. M. STEPHEN

Governor-General

By His Excellency’s Command,

Ralph Willis

Minister of State for Transport and Communications

 

Principal Regulations

1. In these Regulations, “Principal Regulations” means the Air Navigation Regulations.

2. Regulation 106c of the Principal Regulations is repealed and the following regulations substituted:

Timetables

“106b. (1) In this regulation:

‘approved timetable’ means a timetable approved by the Secretary under subregulation (7);

‘timetable’, in relation to an international air service, includes:

(a) the route of the service;

(b) the times of departure from, and arrival at, each terminal and intermediate stopping place on the route;

(c) the frequency of the service;

 

(S.R. 397/88)—Cat. No. 14/6.12.1988

 

(d) the capacity of the service; and

(e) the type of aircraft providing the service.

“(2) An airline shall not operate, or advertise that it will operate, an international air service to or from Australian territory unless the service is consistent with a timetable that has been approved by the Secretary in relation to the service.

“(3) An application for approval of a timetable in relation to an international airline service shall:

(a) be in a form approved by the Secretary; and

(b) specify the date from which the airline proposes to operate, and on which it proposes to cease to operate, the service.

“(4) The application shall be lodged with the Secretary at Canberra in the Australian Capital Territory not less than 35 days before the date from which the airline proposes to operate a service in accordance with the timetable, or within such shorter period as the Secretary allows.

“(5) The Secretary may, by notice in writing to the applicant, require the applicant to give such further information specified in the notice as is required to determine the application.

“(6) In determining an application, the Secretary may have regard to:

(a) the Air Transit Agreement or another agreement or arrangement referred to in subsection 12 (2) of the Act;

(b) the matters referred in paragraphs (a), (b), (c), (d) and (e) of the definition of ‘timetable’ in subregulation (1);

(c) an existing approved timetable of the applicant, of another airline of the country of the applicant or of 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

(d) such other matters as in the circumstances are relevant.

“(7) The Secretary may approve a timetable in accordance with the application or in accordance with such alterations to the timetable in the application as the Secretary determines.

“(8) An approval of a timetable has effect for such period, not exceeding 12 months, as the Secretary determines.

“(9) The Secretary shall notify an airline in writing, before the date on which the airline proposes to operate the service, of:

(a) the timetable that he or she has approved;

(b) where a timetable has been approved as altered by the Secretary, of details of the alterations; and

(c) the period for which the timetable is to have effect.

“(10) The Secretary may vary an approved timetable if, in the opinion of the Secretary:

 

(a) the government or an authority of a foreign country, or the airline to which the approved timetable relates:

(i) has impaired or limited an Australian airline in, or denied an Australian airline from, providing an international air service;

(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 to an Australian airline fair and equal opportunity in the provision of an international air service;

(b) it would be in the public interest for that approval to be varied; or

(c) there has been a substantial change in any of the matters to which the Secretary has had regard under subregulation (6).

“(11) On request by the airline to which an approved timetable relates, the Secretary may vary the approved timetable in accordance with the request or in accordance with such alterations as the Secretary determines.

“(12) Where an approved timetable has been varied under subregulation (10) or (11), the Secretary shall, as soon as practicable, notify in writing the airline operating the service to which the timetable relates of:

(a) details of the variation; and

(b) the date from which the variation has effect.

Suspension and cancellation of approvals

“106c. (1) The Secretary may cancel or suspend an approved timetable if, in the opinion of the Secretary:

(a) the airline to which the approved timetable relates operates a service otherwise than in accordance with the approved timetable;

(b) the government or an authority of a foreign country, or the airline to which the approved timetable relates:

(i) has impaired or limited an Australian airline in, or denied an Australian airline from, providing an international air service;

(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 to an Australian airline fair and equal opportunity in the provision of an international air service;

(c) the government or an authority of a foreign country, or the airline to which the approved timetable relates, has not complied with the Air Transit Agreement or another agreement or arrangement referred to in subsection 12 (2) of the Act; or

(d) it would be in the public interest for the timetable to be suspended or cancelled.

 

“(2) Where the Secretary suspends or cancels an approved timetable:

(a) the Secretary shall give the airline concerned notice in writing of the suspension or cancellation;

(b) in the case of a suspension—the suspension has effect for the period specified in the notice; and

(c) in the case of a cancellation—the cancellation takes effect from the date specified in the notice.”.

Saving

3. Notwithstanding the amendment of the Principal Regulations made by regulation 2, a timetable approved under regulation 106c of the Principal Regulations as in force immediately before the commencement of these Regulations shall be taken to be an approved timetable for the purposes of regulations 106b and 106c of the Principal Regulations as amended by these Regulations.

 

NOTES

1. Notified in the Commonwealth of Australia Gazette on 21 December 1988.

2. Statutory Rules 1947 No. 112 as amended to date. For previous amendments see Note 2 to Statutory Rules 1988 No. 159 and see also Statutory Rules 1988 No. 159.

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