AIR NAVIGATION ACT 1920 - SECT 15D Determination of application for permission

AIR NAVIGATION ACT 1920 - SECT 15D

  (1)   The Secretary may grant or refuse permission for passengers, cargo or mail to be carried on the flight or flights to which the application relates and must, as soon as practicable, give written notice of his or her decision to the applicant.

  (2)   If the Secretary grants permission, the permission:

  (a)   is to be in writing; and

  (b)   has effect for the period stated in the permission; and

  (c)   may be subject to any conditions stated in the permission that the Secretary thinks appropriate.

  (3)   In determining an application or deciding whether a permission is to be subject to conditions, the Secretary is to have regard to the following matters (except to the extent, if any, to which the matters concerned relate to the safety of air navigation):

  (a)   the public interest, including but not limited to:

  (i)   the need of people to travel on, or to send cargo and mail by, aircraft; and

  (ii)   the promotion of trade and tourism to and from Australia; and

  (iii)   if the application relates to a program of flights to or from Australia--whether there is to be a wide range of places in Australia that will be served under the program; and

  (iv)   if foreign interests hold substantial ownership and effective control of the charterer or the charter operator--employment and investment in, and general development of, the Australian Aviation industry; and

  (v)   aviation security; and

  (vi)   Australia's international relations;

  (b)   the availability of capacity (within the meaning of the International Air Services Commission Act 1992 ) on scheduled international air services, and any relevant determination made by the International Air Services Commission in respect of the allocation of capacity on those services;

  (c)   any relevant advice on matters referred to in paragraph   (a) that is provided to the Minister by that Commission under paragraph   6(2)(c) of that Act;

  (d)   any other matter that the Secretary thinks relevant.