International Air Services Commission Regulations 1992 (Cth)

International Air Services Commission Regulations 1992

Statutory Rules 1992 No. 233 as amended

made under the

International Air Services Commission Act 1992

This compilation was prepared on 28 October 2003

taking into account amendments up to SR 2003 No. 270

Prepared by the Office of Legislative Drafting,

Attorney-General’s Department, Canberra

Contents

      1Name of Regulations [see Note 1]

 These Regulations are the International Air Services Commission Regulations 1992.

2Interpretation

• (1)

  In these Regulations, unless the contrary intention appears:

  the Act means the International Air Services Commission Act 1992.

2AOperational decisions – prescribed circumstances

• (1)

  For the purposes of paragraph 9 (2) (c) of the Act, the circumstances prescribed are that the operational decision affects an existing operational decision by changing temporarily, or in a minor respect, the capacity to which the existing operational decision relates.

• (2)

  An operational decision described in subregulation (1) is a decision that allows:

  • (a)

    if a bilateral arrangement allows for an amount of capacity to be exceeded in certain circumstances — the use of extra capacity by Australian carriers as so allowed; or

  • (b)

    the use of an aircraft type, a seating plan or freight carrying capacity different to that provided for in a determination; or

  • (c)

    the use of extra capacity to meet seasonal or other temporary and unusual demand for an international air service; or

  • (d)

    for a small number of flights which form part of an international air service — the carriage of passengers or freight, or both, to and from places additional to the places normally served.

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:

• (a)

  more than 1 Australian carrier applies for the capacity; or

• (b)

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

  • (i)

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

  • (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.

3Commission’s address

For the purposes of sections 14 and 21 of the Act, the Commission’s address is:

• (a)

  for applications sent by post — GPO Box 630, Canberra, ACT 2601; and

• (b)

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

• (c)

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

• (d)

  for applications sent by facsimile — [phone].

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

• (1)

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

  • (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

  • (b)

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

  • (c)

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

    • (i)

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

    • (ii)

      vary the determination as requested in the application.

• (2)

  However, subregulation (1) applies only if:

  • (a)

    no submission is received objecting to the allocation; or

  • (b)

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

4Allowances to witnesses

The allowances for travelling and other expenses, payable to a person in accordance with section 38 of the Act, are the allowances set out in Schedule 1.

5Remuneration and allowances

• (1)

  Subject to subregulations (2) and (3), a member must be paid, in accordance with subsection 43 (2) of the Act, the allowances for meals and other expenses set out in Schedule 2.

• (2)

  An allowance for meals, set out in Schedule 2, is payable to a member on the same basis as if the member was a Senior Executive Service officer of the Australian Public Service.

• (3)

  A motor vehicle allowance set out in Schedule 2 is payable to a member only if the member uses a private motor vehicle for official purposes of the Commission.

Schedule 1Allowances for travelling and other expenses in relation to attendance before Commission

(regulation 4)

  

Item No.	Reason for summons	Amount of allowance
1.	A person summoned by the Commission to appear as a witness, because of the person’s professional, technical or other special skill or knowledge.	(a) if the person is paid in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; or (b) in any other case — an amount (determined by the Commission) of not less than $92, or more than $462, for each day on which he or she so attends.
2.	A person summoned by the Commission, to appear as a witness, other than a person referred to in 1.	(a) if the person is paid in his or her occupation by wages, salary or fees — an amount equal to the amount of wages, salary or fees not paid to the person because of his or her attendance for that purpose; or (b) in any other case — an amount (determined by the Commission) of not less than $52, or more than $86, for each day on which he or she so attends.
3.	Any person summoned by the Commission to appear as a witness before the Commission.	In addition to any other allowance payable under item 1 or 2, a reasonable amount, set by the Commission, by way of payment for, or reimbursement of, expenses for: (a) transport between the usual place of residence of the person and the place at which he or she attends for that purpose; and (b) if he or she is required to be absent overnight from his or her usual place of residence — meals and accommodation.

Schedule 2

(regulation 5)

PartIMeal allowances

Column 1 Meal	Column 2 Amount for capital cities and high cost country centres	Column 3 Amount for centres other than capital cities and high cost country centres
$	$
Breakfast	12.40	10.85
Lunch	15.00	13.45
Dinner	23.75	20.15

Part2Motor vehicle allowances

Column 1 Item	Column 2 Engine Capacity cubic centimetres (non-rotary engine)	Column 3 Engine Capacity in cubic centimetres (rotary engine)	Column 4 Rate per kilometre
1	not more than 1600	not more than 800	42.2 cents
2	1601 to 2000	801 to 1000	51.2 cents
3	2001 to 3000	1001 to 1500	53.9 cents
4	More than 3000	More than 1500	57.4 cents

Notes to the International Air Services Commission Regulations 1992

Note 1

The International Air Services Commission Regulations 1992 (in force under the International Air Services Commission Act 1992) as shown in this compilation comprise Statutory Rules 1992 No. 233 amended as indicated in the Tables below.

Table of Statutory Rules

Year and number	Date of notification in Gazette	Date of commencement	Application, saving or transitional provisions
1992 No. 233	23 July 1992	23 July 1992
1995 No. 6	3 Feb 1995	3 Feb 1995	—
1997 No. 412	24 Dec 1997	24 Dec 1997	—
2003 No. 270	28 Oct 2003	28 Oct 2003	—

Table of Amendments

ad. = added or inserted       am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
R. 1........................................	rs. 2003 No. 270
R. 2A.....................................	ad. 1995 No. 6
R. 2B.....................................	ad. 2003 No. 270
R. 3........................................	am. 1997 No. 412; 2003 No. 270
R. 3A.....................................	ad. 2003 No. 270