Commonwealth Numbered Acts

INDEPENDENT AIR FARES COMMITTEE ACT 1981 No. 76 of 1981 - SECT 3

3. (1) In this Act, unless the contrary intention appears -



"aerodrome" has the same meaning as in the Air Navigation Regulations;



"Air Navigation Regulations" means the Air Navigation Regulations as amended
and in force from time to time under the Air Navigation Act 1920;



"air route facilities" has the same meaning as in the Air Navigation
Regulations;



"air service" means a domestic passenger air service that is a regular
public transport service;



"Ansett" means Ansett Transport Industries Limited or any body, whether
corporate or unincorporate, in which Ansett Transport Industries Limited has a
controlling interest and which owns or operates passenger aircraft, whether or
not that body also operates other aircraft;



"Chairman" means the Chairman of the Committee;



"Commission" means the Australian National Airlines Commission or any body,
whether corporate or unincorporate, in which the Australian National Airlines
Commission has a controlling interest and which owns or operates passenger
aircraft, whether or not that body also operates other aircraft;



"Committee" means the Independent Air Fares Committee established by section
4;



"commuter operator" means a passenger operator, other than a passenger
operator who holds an airline licence under regulation 198 of the Air
Navigation Regulations;



"cost allocation review" means a review of the kind referred to in sub-section
13 (1);



"discount air fare" means an air fare charged by a passenger operator in
respect of travel over a route, being an air fare the amount of which is less
than the economy air fare charged by that passenger operator in respect of
travel over that route, but does not include an air fare charged in respect of
travel by blind persons, students or children;



"financial corporation" means a financial corporation within the meaning of
paragraph 51 (xx) of the Constitution;



"first-class air fare" means an air fare charged by a passenger operator in
respect of travel over a route, being an air fare the payment of which
entitles the person travelling to benefits to which some of the other
passengers on the same flight are not entitled;



"foreign corporation" means a foreign corporation within the meaning of
paragraph 51 (xx) of the Constitution and includes a body corporate that is
incorporated in an external Territory;



"interim determination" means a determination made by the Committee in
pursuance of sub-section 20 (1);



"Judge" means -

   (a)  a Judge of the Federal Court of Australia or of a court of a State or
        of the Northern Territory; or

   (b)  a person who has the same designation and status as a Judge of a court
        created by the Parliament;



"major air fares review" means a review of the kind referred to in section 15;



"member" means a member of the Committee and includes the Chairman;



"minor air fares review" means a review of the kind referred to in section 16;



"passenger operator" means a person who operates, or is to operate, air
services;



"proceedings", in relation to the Committee, means proceedings by way of a
cost allocation review, a major air fares review, a minor air fares review or
proceedings conducted by the Committee for the purposes of section 17;



"regular public transport service" has the same meaning as in the Air
Navigation Regulations;



"related route" means -

   (a)  a trunk route; or

   (b)  a route (other than a trunk route) over which -

        (i)    Ansett, using the name 'Ansett Airlines of Australia'; or

        (ii)   the Commission, operated air services on 30 June 1980 (whether
               or not any other passenger operator operated air services over
               that route on that date) using Fokker F27 aircraft;



"trading corporation" means a trading corporation within the meaning of
paragraph 51 (xx) of the Constitution;



"trunk route" means a route -

   (a)  linking any 2 of the following cities or towns: Adelaide, Alice
        Springs, Brisbane, Cairns, Canberra, Coolangatta, Darwin, Gove,
        Hobart, Launceston, Mackay, Melbourne, Mount Isa, Perth, Proserpine,
        Rockhampton, Sydney, Townsville; or

   (b)  linking -

        (i)    a city or town referred to in paragraph (a) and a city or town
               (in
this paragraph referredto as a "relevant city or town") in Australia that is,
for the purposes of paragraph 6(1)(e) of the agreement referred to in section
5 of the Airlines Agreement Act 1981, agreed by the parties to that agreement
to be a trunk route centre for the purposes of that agreement; or

        (ii)   2 or more relevant cities or towns;



"trunk route operator" means Ansett, the Commission or any other passenger
operator that operates air services over a trunk route between -

   (a)  a place in a State and a place in another State; or

   (b)  a place in a Territory and a place in Australia outside that
        Territory, whether or not that passenger operator also operates
        air services over any other route.

(2) For the purposes of this Act, air fares charged in respect of air services
provided over any route shall be taken to consist of 2 components, namely -

(a) a fixed initial amount, in this Act referred to as the "flag-fall
component"; and

   (b)  an amount for each kilometre travelled on the route, in this Act
referred to as the "distance component".

(3) A reference in this Act to the Commission or to the Australian National
Airlines Commission shall -

   (a)  after the commencement of section 3 of the Australian National
        Airlines Repeal Act 1981; and

   (b)  in relation to anything done after that commencement, be read as a
        reference to the body corporate referred to in section 5 of that Act.

(4) Subject to sub-section (5), a reference in this Act to economy air fares,
in relation to a passenger operator in relation to a route, shall be read as a
reference to the air fares, other than the first-class air fares, that are the
standard air fares charged by that passenger operator in respect of travel
over that route, being air fares for travel in relation to which no special
booking conditions are attached.

(5) A reference in this Act to economy air fares or first-class air fares
shall be read as not including a reference to air fares charged or proposed to
be charged 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.
(6) Notwithstanding the definition of "discount air fare" in sub-section (1),
this Act applies in relation to air fares charged or proposed to be charged in
respect of air services provided over any trunk route, being air fares that -

   (a)  would, but for sub-section (5), be economy air fares or
        first-class air fares in relation to a passenger operator in relation
        to that trunk route; and

   (b)  are not the same as any of the 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 trunk route, as if those air fares were
        discount air fares.

(7) For the purposes of this Act, a turbo jet aircraft having a capacity
exceeding 90 passengers shall be taken to be similar to any other turbo jet
aircraft having a capacity exceeding 90 passengers.