International Air Services Commission Regulations (Amendment) (Cth)

Statutory Rules 1995

No. 6 1

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International Air Services Commission Regulations 2(Amendment)

I, The 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 24 January 1995.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

BOB COLLINS

Minister for Primary Industries and Energy

for the Minister for Transport

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1.   Amendment

1.1   The International Air Services Commission Regulations are amended as set out in these Regulations.

[NOTE: These Regulations commence on gazettal: see Acts Interpretation Act 1901, s. 48.]

2.   New Regulation 2A

2.1   After regulation 2, insert:

Operational decisions — prescribed circumstances

“2A.

(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.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 3 February 1995.

2. Statutory Rules 1992 No. 233.