Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) In this instrument:
"ACN" has the same meaning as in the Corporations Act 2001 .
"Act" means the Air Navigation Act 1920 .
"agreement" means the Air Transit Agreement or another agreement or arrangement referred to in paragraph 13(3)(b) of the Act.
"airline" means the operator of an air transport service.
"air transport service" means a service for the carriage of persons or cargo by air for hire or reward.
"approved form" means a form approved by the Secretary under section 45 for the provision in which the expression is used.
"approved timetable" means:
(a) a timetable approved under paragraph 30(1)(a) or (b); or
(b) if a timetable referred to in paragraph (a) of this definition is varied in accordance with subsection 31(1) or (3)--the timetable as varied.
"Australian international carriage" has the meaning given by subsection 27(2) of the Act.
"cargo" means property carried on board an aircraft other than stores, baggage or carry - on luggage.
"code sharing" has the same meaning as in the International Air Services Commission Act 1992 .
"Commonwealth aircraft" means an aircraft that is in the possession, or under the control, of the Commonwealth or an authority of the Commonwealth or is being used wholly or principally for a purpose of the Commonwealth (other than aircraft of any part of the Defence Force).
"Convention" means the Chicago Convention, as amended by the Protocols referred to in subsection 3A(2) of the Act, and includes any Annex to the Convention relating to international standards and recommended practices (being an Annex adopted in accordance with the Convention).
"Council" means the Council of the International Civil Aviation Organization.
"grant" , in relation to an international airline licence, means the grant of the licence, either by way of initial issue or by renewal from time to time.
"international airline licence" means a licence granted under section 16.
"International Air Services Commission" means the body established by section 6 of the International Air Services Commission Act 1992 .
"licence holder" means a person who holds an international airline licence that is in force.
"owner" , of an aircraft, has a meaning affected by subsection (2).
"relevant agreement" , for a scheduled international air service, means an agreement that governs the service.
"relevant authority" , in relation to a licence holder and a scheduled international air service operated by the licence holder, means the government or an authority of a relevant foreign country that:
(a) has regulatory oversight of the licence holder; and
(b) is a signatory to the relevant agreement for the scheduled international air service.
"relevant foreign country" , for an airline, means a country (other than Australia):
(a) in which the airline is incorporated; or
(b) in which the airline has its place of business; or
(c) in which any aircraft belonging to the airline is registered; or
(d) the government of which directly or indirectly controls the airline; or
(e) of which the airline is a designated airline for the purposes of the relevant agreement for a scheduled international air service that the airline operates.
"scheduling period" , for a licence holder, means a period in relation to which the licence holder applies to the Secretary for approval of a proposed timetable under section 29.
"stores" , in relation to an aircraft, means items properly for use, sale or consumption on board the aircraft in flight.
"tariff" means both of the following:
(a) the price for the carriage of passengers, baggage or cargo, other than mail;
(b) the conditions governing the availability of the price.
"timetable" , in relation to a scheduled international air service, includes each of the following:
(a) the route of the service;
(b) the times of departure from, and arrival at, each terminal and any intermediate stopping place on the route;
(c) the frequency of the service;
(d) the capacity on all or part of the route of the service concerned;
(e) the type of aircraft operating, or that may operate, on all or part of the route of the service concerned.
"traffic" includes a passenger or an item of mail or cargo.
"type of traffic" includes traffic identified by reference to its earliest origin or intended ultimate destination, whether or not that origin or destination is on the route of the service concerned.
Owner of an aircraft
(2) A reference in this instrument to the owner of an aircraft includes a reference to the hirer of an aircraft if, under a contract for the hire or charter of the aircraft, the control, maintenance and operation of the aircraft is vested in the hirer.