International Air Services Commission Regulations 1992

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

 1 Name of Regulations [see Note 1] 

 2 Interpretation 

 2A Operational decisions — prescribed circumstances 

 2B Submissions about allocation of capacity (Act s 12) 

 3 Commission’s address 

 3A Delegation of powers and functions (Act s 27AB) 

 4 Allowances to witnesses 

 5 Remuneration and allowances 

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

Schedule 2  

Part I Meal allowances 

Part 2 Motor vehicle allowances 

Notes  

1 Name of Regulations [see Note 1]

  These Regulations are the International Air Services Commission Regulations 1992.

2 Interpretation

 (1) In these Regulations, unless the contrary intention appears:

the Act means the International Air Services Commission Act 1992.

2A Operational 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.

2B Submissions 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.

3 Commission’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 — IASC@dotars.gov.au; and

 (d) for applications sent by facsimile — (02) 6267 1111.

3A Delegation 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.

4 Allowances 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.

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

(regulation 4)

Schedule 2  

(regulation 5)

Part I Meal allowances

Part 2 Motor vehicle allowances

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

Table of Amendments