Commonwealth Numbered Regulations

1988 No. 378 AIR NAVIGATION REGULATIONS (AMENDMENT) - REG 2

2. Regulation 106C of the Principal Regulations is repealed and the following
regulations substituted: Timetables

"106B. (1) In this regulation:
'approved timetable' means a timetable approved by the Secretary under
subregulation (7);
'timetable', in relation to an international air service, includes:

   (a)  the route of the service;

   (b)  the times of departure from, and arrival at, each terminal and
        intermediate stopping place on the route;

   (c)  the frequency of the service;

   (d)  the capacity of the service; and

   (e)  the type of aircraft providing the service.

"(2) An airline shall not operate, or advertise that it will operate, an
international air service to or from Australian territory unless the service
is consistent with a timetable that has been approved by the Secretary in
relation to the service.

"(3) An application for approval of a timetable in relation to an
international airline service shall:

   (a)  be in a form approved by the Secretary; and

   (b)  specify the date from which the airline proposes to operate, and on
        which it proposes to cease to operate, the service.

"(4) The application shall be lodged with the Secretary at Canberra in the
Australian Capital Territory not less than 35 days before the date from which
the airline proposes to operate a service in accordance with the timetable, or
within such shorter period as the Secretary allows.

"(5) The Secretary may, by notice in writing to the applicant, require the
applicant to give such further information specified in the notice as is
required to determine the application.

"(6) In determining an application, the Secretary may have regard to:

   (a)  the Air Transit Agreement or another agreement or arrangement referred
        to in subsection 12 (2) of the Act;

   (b)  the matters referred in paragraphs (a), (b), (c), (d) and (e) of the
        definition of 'timetable' in subregulation (1);

   (c)  an existing approved timetable of the applicant, of another airline of
        the country of the applicant or of an airline of a country in which a
        terminal or intermediate stopping place on the route of the service to
        which the application relates is situated; and

   (d)  such other matters as in the circumstances are relevant.

"(7) The Secretary may approve a timetable in accordance with the application
or in accordance with such alterations to the timetable in the application as
the Secretary determines.

"(8) An approval of a timetable has effect for such period, not exceeding 12
months, as the Secretary determines.

"(9) The Secretary shall notify an airline in writing, before the date on
which the airline proposes to operate the service, of:

   (a)  the timetable that he or she has approved;

   (b)  where a timetable has been approved as altered by the Secretary, of
        details of the alterations; and

   (c)  the period for which the timetable is to have effect.

"(10) The Secretary may vary an approved timetable if, in the opinion of the
Secretary:

   (a)  the government or an authority of a foreign country, or the airline to
        which the approved timetable relates:

        (i)    has impaired or limited an Australian airline in, or denied an
               Australian airline from, providing an international air
               service;

        (ii)   has engaged in unfair, discriminatory or restrictive practices
               in relation to an international air service provided by an
               Australian airline; or

        (iii)  has denied to an Australian airline fair and equal opportunity
               in the provision of an international air service;

   (b)  it would be in the public interest for that approval to be varied; or

   (c)  there has been a substantial change in any of the matters to which the
        Secretary has had regard under subregulation (6).

"(11) On request by the airline to which an approved timetable relates, the
Secretary may vary the approved timetable in accordance with the request or in
accordance with such alterations as the Secretary determines.

"(12) Where an approved timetable has been varied under subregulation (10) or
(11), the Secretary shall, as soon as practicable, notify in writing the
airline operating the service to which the timetable relates of:

   (a)  details of the variation; and

   (b)  the date from which the variation has effect. Suspension and
        cancellation of approvals

"106C. (1) The Secretary may cancel or suspend an approved timetable if, in
the opinion of the Secretary:

   (a)  the airline to which the approved timetable relates operates a service
        otherwise than in accordance with the approved timetable;

   (b)  the government or an authority of a foreign country, or the airline to
        which the approved timetable relates:

        (i)    has impaired or limited an Australian airline in, or denied an
               Australian airline from, providing an international air
               service;

        (ii)   has engaged in unfair, discriminatory or restrictive practices
               in relation to an international air service provided by an
               Australian airline; or

        (iii)  has denied to an Australian airline fair and equal opportunity
               in the provision of an international air service;

   (c)  the government or an authority of a foreign country, or the airline to
        which the approved timetable relates, has not complied with the Air
        Transit Agreement or another agreement or arrangement referred to in
        subsection 12 (2) of the Act; or

   (d)  it would be in the public interest for the timetable to be suspended
        or cancelled.

"(2) Where the Secretary suspends or cancels an approved timetable:

   (a)  the Secretary shall give the airline concerned notice in writing of
        the suspension or cancellation;

   (b)  in the case of a suspension-the suspension has effect for the period
        specified in the notice; and

   (c)  in the case of a cancellation-the cancellation takes effect from the
        date specified in the notice.".