International Air Services Commission Regulations (Amendment) 1995 No. 6
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 6
Issued by Authority of the Minister for Transport
International Air Services Commission Art 1992
International Air Services Commission Regulations (Amendment)
Subsection 55(1) of the International Air Services Commission Act 1992 (the Act) enables the Governor-General to make regulations required or permitted by the Act to be prescribed.
The International Air Service., Commission Amendment Act 1994 (the Amendment Act) received Royal Assent on 28 November 1994. The Amendment Act refines and streamlines the Commission's processes in recognition of the commercial imperatives under which Australia's scheduled international airlines operate.
To maximise benefits for Australian carriers, which may already be enjoyed by foreign carriers, new subsection 9(2)(c) of the Act now also allows operational decisions to be made by the Secretary in circumstances which may be prescribed by the regulations. This may include circumstances where the Commission has not yet had occasion to allocate the capacity or where the capacity is incidental to that already being operated.
Regulation 2A will allow the Secretary, in certain circumstances, to make decisions affecting existing operational decisions concerning the entitlements of Australia's international carriers operating services to or from Australia by changing temporarily, or in a minor respect, the capacity to which the existing operational decision relates. Those circumstances relate to operational decisions which would allow:
• the operation of small amounts of extra capacity where bilateral arrangements permit certain flexibility in the use of capacity or the manner in which amounts of capacity may be calculated;
• the substitution of different types of aircraft and minor changes in seating and freight-carrying configurations;
• the use of extra capacity permitted to be operated under bilateral arrangements to meet seasonal or other temporary and unusual demands (eg. major events); and
• occasional "drop-ins" en-route to other destinations.
Overview
The International Air Services Commission Regulations (Amendment) 1995 No. 6, issued under the authority of the Minister for Transport, amends the International Air Services Commission Regulations to refine and streamline the processes of the Commission, as established under the International Air Services Commission Act 1992. This amendment was enacted to address the need for more agile operational decision-making in response to the commercial imperatives faced by Australia's scheduled international airlines. The policy objective of the Amendment Act, which received Royal Assent on 28 November 1994, is to ensure that Australian carriers can maximise their benefits, aligning them with those already enjoyed by foreign carriers. New subsection 9(2)(c) of the Act now empowers the Secretary to make operational decisions in specific circumstances, including those where the Commission has not yet allocated capacity or where capacity is incidental to that already being operated, thereby allowing for greater flexibility in managing air services.
Scope and Application
The International Air Services Commission Regulations (Amendment) 1995 No. 6 applies to the operations of Australia's scheduled international airlines and the Secretary of the International Air Services Commission, as prescribed by the International Air Services Commission Act 1992. This amendment, brought forth by the International Air Service Commission Amendment Act 1994, introduces new provisions to streamline the Commission’s processes and allow for more flexible operational decisions to ensure Australian carriers benefit in a competitive market. The regulations empower the Secretary to make temporary or minor operational changes concerning the entitlements of Australia's international carriers, such as adjustments to capacity, aircraft types, seating, and freight configurations, to meet seasonal demands or other temporary needs. The scope of this legislation is national, impacting all entities involved in Australia's scheduled international air services, and it extends the Commission's authority through subordinate instruments, enabling more responsive and adaptive regulatory practices.
Key Provisions
The main operative sections of the International Air Services Commission Regulations (Amendment) 1995 (No. 6) (the Regulations) involve amendments to the International Air Services Commission Act 1992 (the Act), particularly focusing on the authority and powers of the Secretary in making operational decisions concerning Australia's international air services. Section 9(2)(c) of the Act now allows the Secretary to make operational decisions under certain conditions, which were previously the purview of the International Air Services Commission (the Commission). Regulation 2A specifies the circumstances under which the Secretary can alter existing operational decisions, such as allowing the operation of small amounts of extra capacity, substituting different types of aircraft, making minor seating and freight-carrying changes, and accommodating seasonal or unusual demands.
The Regulations impose several obligations and requirements on the parties governed by them. Primarily, they mandate that the Secretary can now make specific operational decisions under the conditions outlined in Regulation 2A. These decisions can be made when bilateral arrangements permit flexibility in the use of capacity or the calculation of capacity amounts, when minor changes in aircraft types and seating configurations are necessary, and when additional capacity is needed to meet temporary demands such as major events. Furthermore, the Secretary must ensure that any such changes comply with existing bilateral agreements and do not adversely affect the operations of international carriers.
In terms of the consequences for non-compliance, the Regulations do not explicitly detail specific offences, penalties, or consequences for breaches. However, given the context of the Act and the nature of international aviation regulations, any failure to comply with the provisions of the Regulations could potentially lead to enforcement actions under the broader aviation and international agreements governing air services. While the specific penalties are not detailed within these Regulations, breaches could result in sanctions that might include fines, suspension of operational permissions, or other administrative actions that could be imposed under the broader legislative framework governing international air services in Australia.
It is important to note that, while the Regulations do not explicitly mention maximum penalties for breaches, the severity of potential consequences would likely align with the penalties prescribed under the overarching aviation and international trade laws. These could include significant financial penalties, operational restrictions, or other punitive measures designed to ensure compliance with the statutory requirements governing international air services.