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INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 54 Pre - existing capacity

INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 54

Pre - existing capacity

  (1)   In this section:

"pre-existing capacity" means capacity that came into existence before the commencement of this Act.

  (2)   The Minister may, by legislative instrument, declare that this Act applies to the pre - existing capacity specified in the instrument as if, immediately after the commencement of this Act, the Commission had made a determination in the terms set out in the instrument.

  (3)   Subject to subsection   (5), this Act (other than section   7 and Division   1 of Part   3) has effect in relation to that capacity as if the Commission had made a determination accordingly.

  (4)   The terms set out in the instrument as the terms and conditions of the determination:

  (a)   subject to subsection   (5), may include a statement to the effect that the determination is an interim determination; and

  (b)   must specify as the period during which the determination is to be in force:

  (i)   if the determination is an interim determination--the period of 3 years starting on 1   July 1992; or

  (ii)   if the determination is not an interim determination--the period of 5 years starting on 1   July 1992.

  (5)   A statement may not be included under paragraph   (4)(a) in relation to capacity in relation to which operational decisions were in force on 26   February 1992.