Commonwealth Numbered Acts

INTERNATIONAL AIR SERVICES COMMISSION AMENDMENT ACT 1994 No. 139 of 1994 - SECT 22

22. After section 54 of the Principal Act the following section is inserted:
Pre-existing capacity under special bilateral arrangement

"54A.(1) In this section:
'pre-existing capacity' means capacity:

   (a)  that came into existence before the commencement of this section; and

   (b)  to which an agreement or arrangement entered into between:

        (i)    an entity or organisation nominated or otherwise similarly
               authorised by Australia; and

        (ii)   another country; relates.



"(2) The Minister may declare in writing that this Act applies to the
pre-existing capacity referred to in the declaration as if, immediately after
the commencement of this section, the Commission had made a determination in
the terms set out in the declaration.



"(3) 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 declaration as the terms and conditions of the
determination:

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

   (b)  must state 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 the date of commencement of this section;
               or

        (ii)   otherwise-the period of 5 years starting on that date.



"(5) Declarations under subsection (2) are disallowable instruments for the
purposes of section 46A of the Acts Interpretation Act 1901.".