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INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 23 Decisions on review for cause

INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 23

Decisions on review for cause

  (1)   Subject to subsection   ( 2), the Commission must, having conducted a review under subsection   10(1) in relation to a determination, make a decision:

  (a)   confirming the determination; or

  (b)   varying the determination; or

  (c)   suspending the determination; or

  (d)   revoking the determination.

  (2)   The Commission may only make a decision varying, suspending or revoking the determination if it is satisfied that:

  (a)   a term or condition of the determination has been breached; or

  (b)   due to a change of circumstances, it is inevitable that a breach of such a term or condition will occur; or

  (c)   an Australian carrier that, under the determination, is to use capacity to which the determination relates no longer intends to use fully that capacity.

  (3)   The Commission must not make a decision varying the determination in a way that varies, or has the effect of varying, an allocation of capacity unless the Commission is satisfied that the allocation, as so varied, would be of benefit to the public.