Commonwealth Numbered Regulations

INTERNATIONAL AIR SERVICES COMMISSION AMENDMENT REGULATIONS 2003 (NO. 1) 2003 NO. 270 - SCHEDULE 1

(regulation 3)

[1] Regulation 1

substitute

1 Name of Regulations

These Regulations are the International Air Services Commission Regulations 1992 .

[2] After regulation 2A

insert

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] Paragraphs 3 (b) and (c)

substitute

(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

[4] After regulation 3

insert

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.