AIR NAVIGATION REGULATION 2016 - REG 30 Approval of a proposed timetable

AIR NAVIGATION REGULATION 2016 - REG 30

  (1)   If the Secretary receives an application under subsection   29 (1) from a licence holder for approval of a proposed timetable , the Secretary may:

  (a)   approve the timetable; or

  (b)   approve the timetable:

  (i)   with specified variations; or

  (ii)   subject to specified conditions; or

  (c)   reject the timetable.

Note:   For review of a decision by the Secretary under this subsection, see section   42 .

  (2)   In making a decision under subsection   ( 1), the Secretary may have regard to the following :

  (a)   the releva nt agreement for the service concerned ;

  (b)   the matters referred to in paragraphs   ( a) to (e) of the definition of timetable in s ubs ection   5 (1) ;

  (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 servi ce concerned;

  (d)   any approved timetable of:

  (i)   the licence holder ; or

  (ii)   another airline from the same country as the licence holder ; or

  (iii)   an airline of a country in which a terminal or intermediate stopping place on the route of the service to which the appl ication relates is situated;

  (e)   whether, in the opinion of the Secretary, the airline concerned , or the government or an authority of a relevant foreign country for the airline concerned :

  (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 a n international air service;

  (f)   whether, in the opinion of the Secretary, the airline concerned , or the government or an authority of a relevant foreign country for the airline concerned , has contrav ened the relevant agreement for the service concerned ;

  (g)   the public interest;

  (h)   any other relevant matter.

  (3)   An approval under paragraph   ( 1)(a) or (b) has effect for the period, not exceeding 12 months, specified by the Secretary in the approval.

  (4)   The Secretar y must, if practicable, notify the licence holder of the decision the Secretary has made under subsection   ( 1) before the da y the licence holder proposes to start operating the service.

  (5)   N otification under subsection   ( 4) must be in writing and include the following :

  ( a )   if the timetable is approved--the period for whic h the timetable is approved;

  ( b )   if the timetable is approved subject to variations--the details of, and the reasons for, the variations;

  ( c )   if the timetable is approved subject to conditions--the details of, and the reasons f or imposing, the conditions;

  ( d )   if the timetable is rejected--the reasons for the rejection.