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1993 No. 318 AIR NAVIGATION REGULATIONS (AMENDMENT) - REG 5

5. Regulation 106C (Suspension and cancellation of approvals)
5.1 Omit the regulation, substitute:
                        "Division 2-Timetables
Approval of timetables-applications

"106B. (1) A licensed international airline must apply to the Secretary for
approval of a proposed timetable for each of its international air services to
or from Australian territory.

"(2) An application under subregulation (1) must:

   (a)  if the Secretary directs, be in an approved form; and

   (b)  specify:

        (i)    the date on which the airline proposes to start operating the
               service; and

        (ii)   if known, the date on which the airline proposes to stop
               operating the service; and

   (c)  include, in relation to the service, details of the matters referred
        to in the definition of 'timetable' in regulation 5.

"(3) An application must be lodged with the Secretary:

   (a)  not less than 35 days before the date on which the licensed
        international airline proposes to start operating the service; or

   (b)  within any lesser period allowed by the Secretary.
-(4) If further information is necessary to enable the Secretary to determine
an application:

   (a)  the Secretary may, by notice in writing, require the licensed
        international airline to provide it; and

   (b)  the Secretary is not bound to consider the application further, or to
        determine it, until he or she receives the information. Approval of
        timetables

"106C. (1) If the Secretary receives an application under regulation 106B, the
Secretary may:

   (a)  approve the timetable to which the application relates in accordance
        with the application; or

   (b)  approve the timetable:

        (i)    with specified variations; or

        (ii)   subject to specified conditions; or

   (c)  reject the timetable.

"(2) When exercising his or her powers under this regulation the Secretary may
have regard to:

   (a)  the relevant agreement; and

   (b)  the matters referred to in the definition of 'timetable' in regulation
        5; and

   (c)  the likely type, proportion or amount of traffic, or the origin or
        destination of traffic, that may be carried on all or part of the
        route of the service concerned; and

   (d)  any approved timetable of:

        (i)    the same licensed international airline; or

        (ii)   another airline from the same country as the applicant; or

        (iii)  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

   (e)  any other relevant matter.

"(3) An approval under subregulation (1) has effect for the period, not
exceeding 12 months, specified by the Secretary in the approval.

"(4) The Secretary must, if practicable, notify a licensed international
airline that has applied for approval of a timetable, before the date on which
the airline proposes to start operating the service, of his or her decision
under subregulation (1).

"(5) Notification under subregulation (4) must:

   (a)  be in writing; and

   (b)  if the timetable is approved-state the period for which the timetable
        is approved; and

   (c)  if the timetable is approved subject to variations-state the details
        of, and the reasons for, the variations; and

   (d)  if the timetable is approved subject to conditions-state the details
        of, and the reasons for imposing, the conditions; and

   (e)  if the timetable is rejected-state the reasons for the rejection.
        Variation, suspension and cancellation of approved timetables

"106D. (1) The Secretary may vary, suspend or cancel an approved timetable, or
vary, suspend or remove a condition in relation to an approved timetable, or
impose a further condition in relation to an approved timetable, if:

   (a)  the airline operates a service otherwise than in accordance with the
        approved timetable, or otherwise than in accordance with a condition
        subject to which the timetable is approved; or

   (b)  the airline fails to operate a service in accordance with the approved
        timetable or in accordance with a condition subject to which the
        timetable is approved; or

   (c)  in the opinion of the Secretary, the airline, or the government or an
        authority of a foreign country in relation to the airline:

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

        (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 an Australian airline fair and equal opportunity in
               the provision of an international air service; or

   (d)  in the opinion of the Secretary, the airline, or the government or an
        authority of a foreign country in relation to the airline, has
        contravened the relevant agreement; or

   (e)  there has been a substantial change in any of the matters to which the
        Secretary has had regard under subregulation 106C (2); or

   (f)  it is in the public interest to vary, suspend or cancel the timetable
        or to vary, suspend or remove the condition, or impose a further
        condition in relation to the approved timetable, as the case may be.

"(2) A licensed international airline may apply to the Secretary for a
variation of an approved timetable, or the variation or removal of a condition
imposed by the Secretary in relation to an approved timetable, in relation to
an international air service that it operates.

"(3) If the Secretary receives an application under subregulation (2), the
Secretary may, having regard to the matters referred to in subregulation (1):

   (a)  vary the approved timetable to which the application relates in
        accordance with the application; or

   (b)  vary the approved timetable with alterations, or subject to
        conditions, determined by the Secretary; or

   (c)  vary or remove a condition imposed by the Secretary in relation to the
        approved timetable; or

   (d)  refuse to vary the timetable, or vary or remove the condition, as the
        case requires.

"(4) If the Secretary varies, suspends or cancels an approved timetable or
varies, suspends or cancels or removes a condition imposed by the Secretary in
relation to an approved timetable, or imposes a further condition in relation
to an approved timetable, he or she must, as soon as practicable, notify the
airline concerned in writing of:

   (a)  the reasons for his or her decision; and

   (b)  in the case of a variation:

        (i)    the details of the variation; and

        (ii)   the date of its effect; and

   (c)  in the case of a suspension-the duration of the suspension; and

   (d)  in the case of a removal or cancellation-the date of its effect.
        Conditions that may be imposed in relation to timetables

"106E. Without limiting the generality of conditions that may be imposed under
regulation 106C or 106D in relation to a timetable, the conditions may relate
to the type, proportion or amount of traffic, or the origin or destination of
traffic, that may be carried on all or part of the route of the service
concerned. Offences relating to timetables

"106F. (1) A licensed international airline must not operate an international
air service to or from Australian territory unless the service is operated in
accordance with:

   (a)  an approved timetable; and

   (b)  any conditions imposed by the Secretary in relation to the approved
        timetable. Penalty: 50 penalty units.

"(2) A licensed international airline or any other person must not advertise
that it operates, or that it will operate, an international air service to or
from Australian territory unless the operation of the service is, or would be
in accordance with:

   (a)  an approved timetable; and

   (b)  any conditions imposed by the Secretary in relation to the approved
        timetable. Penalty: 50 penalty units.

"(3) In spite of subregulation (2), a licensed international airline or any
other person may advertise that it intends to operate an international air
service to or from Australian territory if:

   (a)  an application for approval of a timetable is lodged with the
        Secretary; and

   (b)  the Secretary has not decided whether to approve the timetable; and

   (c)  the advertised service will be operated in accordance with the
        proposed timetable; and

   (d)  the advertisement states that the operation of the service is subject
        to Government approval.
                 "Division 3-Statistical Returns".


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