INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 15 Content of determinations

INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 15

  (1)   A determination may include such terms and conditions as the Commission thinks fit.

  (2)   Without limiting subsection   (1), the determination:

  (a)   must specify the period, under subsection   (3), during which the determination is to be in force; and

  (b)   may include a statement to the effect that the determination is an interim determination; and

  (c)   must include a condition that the capacity be fully used, except so far as:

  (i)   the determination provides otherwise in relation to a specified period commencing when the determination comes into force; or

  (ii)   the regulations otherwise permit; and

  (d)   must include a condition that, except to the extent permitted by the condition referred to in paragraphs   (e) and (ea), the available capacity in question is only to be used by the one or more Australian carriers to whom the capacity is allocated; and

  (e)   must include a condition stating the extent (if any) to which any such carrier may use that capacity by providing joint international air services with another Australian carrier or any other person; and

  (ea)   may include a condition that, to the extent that any of the capacity is allocated to a particular Australian carrier, it may be used in whole or in part by any one or more of the following:

  (i)   the carrier;

  (ii)   a wholly - owned subsidiary of the carrier;

  (iii)   if the carrier is a wholly - owned subsidiary of another Australian carrier--that other carrier; and

  (f)   must include a condition stating the extent to which changes in the ownership or control of any such carrier are permitted while the determination is in force.

  (2A)   If a determination includes a condition of a kind mentioned in paragraph   (2)(ea), the determination may include conditions that are applicable to all, or some only, of the persons who are permitted to use the capacity concerned.

  (2B)   If:

  (a)   a carrier is a wholly - owned subsidiary of another Australian carrier; and

  (b)   that other carrier would, apart from any condition included under this subsection in a determination, be permitted by a condition referred to in paragraph   (2)(ea) to use any capacity allocated to the subsidiary;

the determination must include a condition stating the extent to which changes in the ownership or control of that other carrier are permitted if that other carrier is to continue to be permitted to use that capacity while the determination is in force.

  (3)   The period referred to in paragraph   (2)(a) is:

  (a)   if the policy statements made by the Minister under section   11 set out how the period is to be fixed--the period as so fixed; or

  (b)   in any other case:

  (i)   if the determination is an interim determination--3 years; or

  (ii)   if the determination is not an interim determination--5 years.