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Aviation Legislation Amendment Bill (No. 2) 2001
Schedule 1 Amendment of the International Air Services Commission Act 1992

   

1  Section 3

Repeal the section, substitute:

3   Object of Act

                   The object of this Act is to enhance the welfare of Australians by promoting economic efficiency through competition in the provision of international air services, resulting in:

                     (a)  increased responsiveness by airlines to the needs of consumers, including an increased range of choices and benefits; and

                     (b)  growth in Australian tourism and trade; and

                     (c)  the maintenance of Australian carriers capable of competing effectively with airlines of foreign countries.

2  Section 4

Insert:

APS employee has the same meaning as in the Public Service Act 1999 .

3  Section 4

Insert:

Secretary means the Secretary of the Department.

4  Paragraph 12(1)(b)

Before “submissions”, insert “if the regulations so require—”.

5  Subsections 17(2) and (3)

Repeal the subsections, substitute:

             (2)  Sections 12 and 14 apply in relation to the renewal of a determination in the same way they apply in relation to the making of a determination allocating available capacity.

6  After Part 3

Insert:

Part 3A Delegation of Commission’s powers and functions

   

27AB   Delegation of powers and functions

             (1)  Subject to this section, the Commission may delegate, to an APS employee in the Department, the Commission’s powers or functions under any one or more of the following provisions:

                     (a)  section 7, 8, 16, 20, 27 or 27AA;

                     (b)  subsection 10(2), 12(1), 14(3), 17(1) or (2), 18(1), (2) or (3) or 22(1).

             (2)  The delegation must be in writing and may only be made with the written agreement of the Secretary.

             (3)  The regulations may provide that the Commission may only delegate a power or a function in specified circumstances.

             (4)  If a delegate conducts the review of a determination under subsection 10(2), sections 24, 25 and 26 apply to the delegate in relation to the review in the same way as those sections would have applied to the Commission if the Commission had conducted the review.

             (5)  If a delegate conducting the review of a determination under subsection 10(2) requests the Commission to conduct the review, the Commission, instead of the delegate, must conduct the review.

7  Application—paragraph 12(1)(b) of the International Air Services Commission Act 1992

The amendment made by item 4 of this Schedule applies to the making of determinations allocating capacity after the commencement of that item, except where applications for a determination allocating the capacity were invited before the commencement of that item.

8  Application—section 17 of the International Air Services Commission Act 1992

The amendment made by item 5 of this Schedule applies to the renewal of determinations after the commencement of that item, except where the Commission has invited submissions about the renewal before the commencement of that item.