Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) If the Secretary receives an application under regulation 20, the Secretary may:
(a) approve the timetable to which the application relates in accordance with the application; or
(b) approve the timetable:
(i) with specified variations; or
(ii) subject to specified conditions; or
(c) reject the timetable.
(2) When exercising his or her powers under this regulation the Secretary may have regard to:
(a) the relevant agreement; and
(b) the matters referred to in the definition of timetable in regulation 3; and
(c) the likely type, proportion or amount of traffic, or the origin or destination of traffic, that may be carried on all or part of the route of the service concerned; and
(d) any approved timetable of:
(i) the same licensed international airline; or
(ii) another airline from the same country as the applicant; or
(iii) an airline of a country in which a terminal or intermediate stopping place on the route of the service to which the application relates is situated; and
(e) whether, in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline:
(i) has impeded or limited an Australian airline in, or prevented an Australian airline from, providing an international air service; or
(ii) has engaged in unfair, discriminatory or restrictive practices in relation to an international air service provided by an Australian airline; or
(iii) has denied an Australian airline fair and equal opportunity in the provision of an international air service; and
(f) whether, in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; and
(g) the public interest; and
(h) any other relevant matter.
(3) An approval under subregulation (1) has effect for the period, not exceeding 12 months, specified by the Secretary in the approval.
(4) The
Secretary must, if practicable, notify a licensed international airline that
has applied for approval of a timetable, before the date on which the airline
proposes to
start operating the service, of his or her decision under
subregulation (1).
(5) Notification under subregulation (4) must:
(a) be in writing; and
(b) if the timetable is approved -- state the period for which the timetable is approved; and
(c) if the timetable is approved subject to variations -- state the details of, and the reasons for, the variations; and
(d) if the timetable is approved subject to conditions -- state the details of, and the reasons for imposing, the conditions; and
(e) if the timetable is rejected -- state the reasons for the rejection.