International Air Services Commission Amendment Regulations 2003 (No. 1) (Cth)

International Air Services Commission Amendment Regulations 2003 (No. 1)1

Statutory Rules 2003 No. 2702

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the International Air Services Commission Act 1992.

Dated 21 October 2003

P. M. JEFFERY

Governor-General

By His Excellency’s Command

JOHN ANDERSON

Minister for Transport and Regional Services

1Name of Regulations

These Regulations are the International Air Services Commission Amendment Regulations 2003 (No. 1).

2Commencement

These Regulations commence on gazettal.

3Amendment of International Air Services Commission Regulations

Schedule 1 amends the International Air Services Commission Regulations.

Schedule 1Amendments

(regulation 3)

  

[1]Regulation 1

substitute

1Name of Regulations

These Regulations are the International Air Services Commission Regulations 1992.

[2]After regulation 2A

insert

2BSubmissions about allocation of capacity (Act s 12)

For paragraph 12 (1) (b) of the Act, the Commission must invite submissions about the allocation of capacity if:

1. (a)

   more than 1 Australian carrier applies for the capacity; or

2. (b)

   the Commission thinks that, if the allocation were made to a carrier:

   1. (i)

      a restriction could be imposed on the carrier under the Trade Practices Act 1974, preventing the carrier using the capacity; or

   2. (ii)

      the carrier may not be able to obtain an approval that is necessary to utilise the capacity.

Note This regulation applies to a determination allocating capacity that is made on or after 19 June 2003, unless the application for the determination was invited before that day: see item 4 of Schedule 1 to the Aviation Legislation Amendment Act 2002.

[3]Paragraphs 3 (b) and (c)

substitute

1. (b)

   for applications delivered by hand — Level 1, 15 Mort Street, Braddon, ACT, 2601; and

2. (c)

   for applications sent by e-mail — [email protected]; and

[4]After regulation 3

insert

3ADelegation of powers and functions (Act s 27AB)

1. (1)

   For subsection 27AB (3) of the Act, the Commission may delegate a power or function to:

   1. (a)

      make a determination allocating available capacity under section 7 of the Act, if no more than 1 application is made for the capacity; and

   2. (b)

      make a fresh determination allocating capacity under section 8 of the Act; and

   3. (c)

      if an Australian carrier applies, under section 21 of the Act, for a variation of a determination to allocate capacity:

      1. (i)

         conduct a review of a determination under subsection 10 (2) of the Act; and

      2. (ii)

         vary the determination as requested in the application.

2. (2)

   However, subregulation (1) applies only if:

   1. (a)

      no submission is received objecting to the allocation; or

   2. (b)

      the Commission thinks that, if submissions were invited, no-one would object to the allocation.

Notes

1. These Regulations amend Statutory Rules 1992 No. 233, as amended by 1995 No. 6; 1997 No. 412.

2. Notified in the Commonwealth of Australia Gazette