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Aviation Legislation Amendment Bill (No. 2) 1997
Schedule 5 Amendment of the International Air Services Commission Act 1992


1  Subsection 4(1) (definition of bilateral arrangement )

Repeal the definition, substitute:

bilateral arrangement means an agreement or arrangement between:

                     (a)  Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and

                     (b)  another country;

under which the carriage by air of passengers or freight (or both) is permitted.

2  Subsection 4(1)


blocked space arrangements means arrangements under which capacity is acquired by a carrier for the carriage of passengers or freight on an aircraft of another carrier.

3  Subsection 4(1) (definition of capacity )

Repeal the definition, substitute:

capacity means an amount of space (however worked out or described) for the carriage of passengers or freight (or both) by persons designated, nominated or otherwise similarly authorised by Australia, being carriage permitted under a bilateral arrangement, or a combination of bilateral arrangements.

4  Subsection 4(1)


code sharing means an arrangement under which a carrier sells capacity under its own designator code on a flight operated by another airline.

5  Subsection 4(1)


joint international air services includes, but is not limited to, the provision of international air services by an Australian carrier involving code sharing, blocked space arrangements, joint pricing, revenue and cost sharing, revenue and cost pooling, or the sale of capacity to another airline.

6  Subsection 4(1) (definition of new capacity )

Repeal the definition.

7  Subsection 4(1) (definition of shelf capacity )

Repeal the definition.

8  Subsection 4(5)

Repeal the subsection.

9  Subsections 5(3) and (4)

Repeal the subsections.

Note:       The heading to section 5 is replaced by the heading “ Available capacity ”.

10  Subsection 6(2A)

Repeal the subsection, substitute:

          (2A)  To remove any doubt, it is declared that the Commission may, at the same time, consider and decide more than one matter in relation to particular capacity.

11  After paragraph 7(2)(a)


                    (aa)  must not allocate available capacity contrary to any restrictions on capacity contained in a bilateral arrangement, or a combination of bilateral arrangements, permitting the carriage to which the capacity relates; and

12  Subsection 12(1)

Omit “new”, substitute “available”.

Note:       The heading to section 12 is altered by omitting “ new ” and substituting

available ”.

13  Subparagraph 12(2)(c)(i)

Omit “new”, substitute “available”.

14  Section 13

Repeal the section.

15  Paragraph 14(1)(c)

Repeal the paragraph, substitute:

                     (c)  must be so delivered within the period referred to in paragraph 12(2)(b); and

16  Paragraph 15(2)(e)

Omit “international air services jointly”, substitute “joint international air services”.

17  Paragraph 27(b)

Omit “, in any manner that it thinks appropriate,”.

18  At the end of Part 3


Division 4 Surrender of allocated capacity

27AA   Surrender of allocated capacity

             (1)  An Australian carrier to whom a determination allocates capacity may at any time request the Commission to revoke the determination.

             (2)  The request must:

                     (a)  be in writing and contain the prescribed particulars; and

                     (b)  be delivered at the address specified in the regulations as the Commission’s address for receiving applications.

             (3)  On receipt of a request in relation to a determination, the Commission must make a decision revoking the determination.

             (4)  As soon as practicable after making a decision revoking a determination under this section, the Commission must:

                     (a)  make copies of the decision available to the public; and

                     (b)  publish a notice stating that the decision has been made and where copies of it may be obtained.

19  Subsection 49(2)

Repeal the subsection.

20  Section 52

Omit “or 13(2)”.

21  Section 52

Omit “or section 27”, substitute “, section 27 or 27AA”.

22  After section 54A


54B   Pre-existing capacity

             (1)  In this section:

pre-existing capacity means capacity that came into existence before the commencement of this section, other than pre-existing capacity to which section 54 or 54A applies.

             (2)  The Minister may, by instrument in writing, declare that this Act applies to the pre-existing capacity specified in the instrument as if, immediately after the commencement of this section, the Commission had made a determination in the terms set out in the instrument.

             (3)  This Act (other than section 7 and Division 1 of Part 3) has effect in relation to that capacity as if the Commission had made a determination accordingly.

             (4)  The terms set out in the instrument as the terms and conditions of the determination must state that the determination is to be in force for the period of 5 years starting on the date of commencement of this section.

             (5)  Instruments under subsection (2) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .