Transport Co-ordination Amendment Regulations 2006 (WA)

6 October 2006 GOVERNMENT GAZETTE, WA 4363

TR301*

Transport Co-ordination Act 1966

Transport Co-ordination Amendment

Regulations 2006

Gazette 23 June 2006.]

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.

1.            Citation

These regulations are the Transport Co-ordination Amendment
Regulations 2006.

2.            The regulations amended

The amendments in these regulations are to the Transport
Co-ordination Regulations 1985*.

[* Reprint 1 as at 16 May 2003.

For amendments to 14 August 2006 see Western Australian
Legislation Information Tables for 2005, Table 4, p. 427, and

4364 GOVERNMENT GAZETTE, WA 6 October 2006

3.            Regulation 3 replaced

Regulation 3 is repealed and the following regulation is inserted instead -

3.           Terms used in these regulations

(1) In these regulations, unless the context otherwise

requires -

"charter services" means a service that is not a RPT

service;

"credit card charge" means an amount payable by the

licensee to the credit card provider;

"Form" means a form in Schedule 2;

"GST" has the meaning given to that term in the

Commonwealth A New Tax System (Goods and

Services Tax) Act 1999 section 195-1;

"licensee" means the holder of the aircraft licence;

"load factor", for a flight, means the number of paying

and free-on-board passengers divided by the
number of seats available for passengers;

"net freight revenue" means amounts receivable in the month by the licensee for carrying freight on the aircraft, for example, consignment fees and

amounts per kilogram of freight, other than
amounts in respect of GST;

"net passenger revenue" means amounts receivable in the month from passengers in relation to operating the aircraft, for example, fares, excess baggage

charges and amounts paid by passengers for
in-flight beverages, other than amounts in respect
of passenger service fees, credit card charges or

GST;

"operating costs" means amounts payable in the

month by the licensee in relation to operating the
aircraft, including -

(a)	flight crew and cabin crew costs, including employment and accommodation costs; and
(b)	landing fees, passenger service fees and other similar fees payable to airport operators; and
(c)	turnaround costs payable to airport operators, or other service providers, for services provided in relation to the aircraft at airports, for example, baggage handling and aircraft movement costs; and
(d)	in-flight catering costs; and

6 October 2006 GOVERNMENT GAZETTE, WA 4365

(e)	commissions on reservations and ticket bookings; and
(f)	loyalty scheme costs; and
(g)	promotion costs; and
(h)	aircraft insurance, finance and security costs; and

(1) costs of maintaining and repairing the aircraft, for example, depreciation and insurance, excluding labour costs and other

indirect costs; and

(j)	fuel costs; and
(k)	taxes imposed on the licensee in respect of the operation of the aircraft;

"passenger service fee" means an amount payable by

the licensee to the airport operator in respect of
each passenger on a flight to or from the airport;

"registration number" means the registration number

of the aircraft given by the Civil Aviation Safety

Authority;

"revenue load factor", for a flight, means the

Revenue Passenger Kilometres (the number of paying passengers x the number of kilometres flown) divided by the Actual Seat Kilometres (the number of seats available for passengers x the number of kilometres flown);

"RPT services" means regular public transport

services that operate according to a published

schedule.

(2) In relation to a reference to an amount that is payable

or receivable in a month -

(a)	an amount is payable or receivable in a month
if, in accordance with accrual accounting
principles, the amount is payable or receivable at a time in the month; and
(b)	an amount that is payable or receivable in a month is not payable or receivable in any other month.

4.            Regulations 8BA and 8BB inserted

After regulation 8B the following regulations are inserted -

46  

8BA. RPT services - prescribed records and statistics
(section 47(1)(d))

(1) The following records and statistics are prescribed for
the purposes of section 47(1)(d) of the Act, in relation

4366 GOVERNMENT GAZETTE, WA 6 October 2006

to the operation of the aircraft, for RPT services, on
routes specified in the aircraft's licence that include an

airport listed in Schedule 3 Division I -

(a) the registration number of the aircraft;
(b) for each flight-

(i)     the flight number (if any); and

(ii)     the time, date and location of departure and arrival; and

(iii)     the number of passengers; and

(iv)     for each class of fare (as determined by the licensee) - the number of seats sold, the price and (where relevant) the discount (as a percentage) applied to calculate the price; and

(v)     the revenue load factor or the load factor;

(c) for each calendar month, each route flown by the aircraft in the month and each class of fare (as determined by the licensee) sold in the

month - the number of seats sold in the class,
the average price and (where relevant) the
average discount (as a percentage) applied to

calculate the price;

(d) for each cancelled flight and flight that failed to

comply with the applicable flight schedule -

(i)     the flight number (if any); and

(ii)     the intended date and location of departure and arrival; and

(iii)     the reasons for the cancellation or failure; and

(iv)     the respects in which the flight failed to

comply with the relevant schedule;

(e) for each calendar month and each route flown

by the aircraft in the month - the total net
passenger revenue from, and the total operating
costs of, operating the aircraft;

(f) for each calendar month and, if required by the Director General under this paragraph, each destination to which the aircraft carried freight in the month - the weight of freight carried and the net freight revenue from carrying that freight;

(g) for each calendar month and each route flown by the aircraft in the month - the number of flying hours;

(h) for each calendar month - the number and

type of written complaints made by passengers

6 October 2006 GOVERNMENT GAZETTE, WA 4367

relating to the operation of the aircraft or
services provided in relation to the operation of
the aircraft, and a description of any complaint
resolution procedure undertaken in respect of

such complaints.

(2)	For the purposes of subregulation (1)(e), if a component of the total operating costs is not directly attributable to the operation of the aircraft for the month and a route, it is to be attributed to the operation of the aircraft for the month and the route on a proportional basis.
(3)	The licensee must keep the records and statistics for 5 years.

8BB. Charter services - prescribed records and

statistics (section 47(1)(d))

(1) The following records and statistics are prescribed for the purposes of section 47(1)(d) of the Act, in relation to the operation of the aircraft, for charter services, on flights to or from airports listed in Schedule 3

Division 1 or 2 -

(a)	the registration number of the aircraft;
(b)	for each flight-

(i)     the flight number (if any); and

(ii) the time, date and location of departure
and arrival; and

(iii)     a copy of the invoice for the flight; and

(iv)     the number of passengers; and

(v) the revenue load factor or the load
factor.

(2) The licensee must keep the records and statistics for 5 years.

5. Schedule 3 inserted
After Schedule 2 the following Schedule is inserted

Schedule 3— Airports

[r. 8BA and 8BB]

Division 1

1. Albany
2. Carnarvon
3. Esperance
4. Exmouth-Learmouth
5. Geraldton

4368 GOVERNMENT GAZETTE, WA 6 October 2006

6.     Kalbarri

7.     Laverton

8.     Leinster

9.     Leonora

10.    Meekatharra

11.    Monkey Mia-Shark Bay

12.    Mt. Magnet

13.    Wiluna

Division 2

1.    Fitzroy Crossing

2.     Halls Creek

By Command of the Lieutenant-Governor and deputy of the Governor,

G. M. PIKE, Clerk of the Executive Council.