Commonwealth Numbered Acts

INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 No. 103 of 1992 - SECT 5

5.(1) Subject to subsection (2), capacity is taken to be available capacity
for the purposes of this Act if operational decisions are not in force in
relation to that capacity.

(2) If the Commission makes a determination, the capacity to which it relates
is taken not to be available capacity during the period beginning when the
determination is made and ending when the Secretary advises the Commission
under section 50 in relation to the capacity.

(3) For the purposes of this Act, capacity is taken to be new capacity if it
is available capacity in relation to which the Commission has not previously:

   (a)  made a determination concerning its allocation; or

   (b)  considered making, but decided not to make, such a determination.

(4) For the purposes of this Act, capacity is taken to be shelf capacity if it
is available capacity that is not new capacity.