Commonwealth Consolidated Regulations

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AIR NAVIGATION REGULATION 2016 - REG 20

Secretary may vary, suspend or cancel a licence

    T he Secreta ry may vary, suspend or cancel a n international airline licence in relation to a scheduled international air service for any of the following reasons :

  (a)   if the licence holder requests, in writing, that the licence be varied, suspended or cancelled;

  (b)   if the licence holder breaches a condition of the licence;

  (c)   if, in the Secretary's opinion:

  (i)   the licence holder is likely to breach a condition of the licence; and

  (ii)   the likely breach is reasonably expected to affect the safety or security of air navigation in Australia;

  (d)   if, in the Secretary's opinion:

  (i)   adequate provision has not been made by the relevant authority in relation to the licence holder to ensure that the licence holder substantially conforms to and complies with the standards, practices and procedures set out in the Convention and the Air Transit Agreement ; and

  (ii)   the lack of provision is reasonably expected to affect the safety or security of air navigation in Australia;

  (e)   if the licence holder does not operate the scheduled international air service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved (other than in a circumstance mentioned in section   32 ) ;

  (f)   if, in the Secretary's opinion, it is necessary or desirable to do so for the purpose of preserving or promoting fair competition in international air transport services;

  (g)   if the licence holder, or the relevant authority in relation to the licence holder, has contravened the relevant agreement for the scheduled international air service ;

  (h)   if there has been a substantial change in any of the matters to which the Secretary had regard under subsection   30 (2) ;

  (i)   if it is in the public interest to vary, suspend or cancel the licence.

Note:   For review of a decision by the Secretary under this section, see section   23A of the Act.


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