Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(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 licence holder 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 (other than in a circumstance mentioned in section 32 ) ; or
(b) the licence holder fails to operate a 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 ) ; or
(c) in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the airline concerned :
(i) has impeded or limited an Australian licence holder in, or prevented an Australian airline from, providing a scheduled international air service; or
(ii) has engaged in unfair, discriminatory or restrictive practices in relation to a scheduled international air service provided by an Australian airline; or
(iii) has denied an Australian airline fair and equal opportunity in the provision of a scheduled international air service; or
(d) in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the airline concerned , has contravened the relevant agreement for the service concerned ; or
(e) there has been a substantial change in any of the matters to which the Secretary had regard under subsection 30 (2) in approving the timetable ; 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.
Note: For review of a decision by the Secretary under this subsection, see section 42 .
(2 ) A licence holder may apply to the Secretary , in writing, for:
(a) a variation of an approved timetable in relation to a schedule international air service that the licence holder operates ; or
(b) the variation or removal of a condition imposed by the Secretary in relation to an approved timetable in relation to a schedule international air service that the licence holder operates.
( 3 ) If the Secretary receives an application under subsection ( 2) , the Secretary may , having regard to the matters mentioned in subsection ( 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 may be .
Note: For review of a decision by the Secretary under this subsection, see section 42 .
(4) If the Secretary makes a decision under subsection ( 1) or (3), the Secretary must, as soon as practicable, notify the licence holder concerned in writing of:
(a) the reasons for the decision; and
(b) if the decision is to vary an approved timetable, to vary a condition in relation to an approved timetable, or to impose a further condition in relation to an approved timetable:
(i) the details of the variation; and
(ii) the day of its effect; and
(c) if the decision is to suspend an approved timetable or to suspend a condition in relation to an approved timetable--the duration of the suspension; and
(d) if the decision is to cancel an approved timetable or to remove a condition in relation to an approved timetable--the day of its effect.