INDEPENDENT AIR FARES COMMITTEE ACT 1981 No. 76 of 1981 - SECT 17 Approval of discount air fares

INDEPENDENT AIR FARES COMMITTEE ACT 1981 No. 76 of 1981 - SECT 17

17. (1) A passenger operator may, in accordance with sub-section (2), request
the Committee to approve a discount air fare that the passenger operator
proposes to charge in respect of travel over any route.

(2) A request under sub-section (1) in relation to a proposed discount air
fare in respect of travel over a route shall be made by notice in writing
given to the Chairman setting out -

   (a)  whichever of the following amounts is applicable:

        (i)    in a case to which sub-paragraph (ii) does not apply - the
               amount (expressed as a percentage of the economy air fares
               charged by the passenger operator over that route) of the
               proposed discount air fare; or

        (ii)   in the case of a request by a passenger operator, other than
               Ansett or the Commission, in respect of travel over a
               trunk route over which both Ansett and the Commission provide
               air services - the amount (expressed as a percentage of the
               economy air fares that are, for the purposes of sub-section
               26(1), approved air fares in relation to Ansett and the
               Commission in relation to that route) of the proposed
               discount air fare; and

   (b)  the conditions (if any) under which the proposed discount air fare is
        to be available.

(3) Where a passenger operator requests the Committee to approve a discount
air fare, the Committee shall, before the expiration of 7 days after the
Committee obtains such information as it considers necessary to be obtained
from the passenger operator who made the request or from any other passenger
operator in order to give its decision on the request, give its decision on
the request.

(4) If the Committee is satisfied that -

   (a)  the introduction of that proposed discount air fare is likely to
        improve the profitability of the operations of that passenger operator
        in relation to the provision of air services;

   (b)  the introduction of that proposed discount air fare is unlikely to
        result in economy air fares in respect of air services provided by any
        trunk route operator over trunk routes being increased; and

   (c)  the conditions (if any) under which that proposed discount air fare is
        to be available are reasonable and will be applied without
        discrimination between persons or classes of persons who can comply
        with the conditions, the Committee shall approve the proposed
        discount air fare but, if the Committee is not so satisfied, the
        Committee shall not approve the proposed discount air fare.

(5) Where -

   (a)  the Committee has approved, in relation to a passenger operator, a
        discount air fare in accordance with this section; and

   (b)  any passenger operator gives notice in writing to the Chairman
        requesting the Committee to conduct a review of the availability of
        that discount air fare or the Committee is satisfied that it is
        desirable to conduct a review of the availability of that
        discount air fare, the Committee shall conduct a review of the
        availability of that discount air fare and shall complete the review
        before the expiration of 14 days after the Committee obtains such
        information as it considers necessary to be obtained in order to
        complete the review.

(6) Where -

   (a)  the Committee conducts a review of the availability of a discount air
        fare that was, in relation to a passenger operator, approved by the
        Committee in accordance with this section; and

   (b)  the Committee -

        (i)    is satisfied that, if the Committee revoked the approval of
               that discount air fare, the profitability of the operations of
               that passenger operator in relation to the provision of
               air services would not be adversely affected;

        (ii)   is not satisfied that the continued availability of that
               discount air fare is unlikely to result in any economy air
               fares in respect of air services provided by a
               trunk route operator over trunk routes being increased; or

        (iii)  is not satisfied that the conditions (if any) under which that
               discount air fare is available are reasonable or are being
               applied without discrimination, the Committee shall, by notice
               in writing given by the Chairman to that passenger operator,
               revoke the approval of that discount air fare and, where such a
               notice is given, the Committee shall be deemed not to have
               approved that discount air fare.

(7) In conducting a review of a discount air fare in accordance with this
section, the Committee shall have regard to the fact that a discount air fare
approved by the Committee in relation to a passenger operator in respect of
travel over a route may be charged, in accordance with this Act, by any other
passenger operator in respect of travel over that route.