Commonwealth Numbered Acts

INTERNATIONAL AIR SERVICES COMMISSION AMENDMENT ACT 1994 No. 139 of 1994 - SECT 9

9. Section 15 of the Principal Act is amended:

   (a)  by omitting from paragraph (2)(d) "paragraph (e)" and substituting
        "paragraphs (e) and (ea)";

   (b)  by inserting after paragraph (2)(e) the following paragraph:

"(ea) may include a condition that, to the extent that any of the capacity is
allocated to a particular Australian carrier, it may be used in whole or in
part by any one or more of the following:

        (i)    the carrier;

        (ii)   a wholly-owned subsidiary of the carrier;

        (iii)  if the carrier is a wholly-owned subsidiary of another
               Australian carrier-that other carrier; and";

   (c)  by inserting after subsection (2) the following subsections:

"(2A) If a determination includes a condition of a kind mentioned in paragraph
(2)(ea), the determination may include conditions that are applicable to all,
or some only, of the persons who are permitted to use the capacity concerned.



"(2B) If:

   (a)  a carrier is a wholly-owned subsidiary of another Australian carrier;
        and

   (b)  that other carrier would, apart from any condition included under this
        subsection in a determination, be permitted by a condition referred to
        in paragraph (2)(ea) to use any capacity allocated to the subsidiary;
        the determination must include a condition stating the extent to which
        changes in the ownership or control of that other carrier are
        permitted if that other carrier is to continue to be permitted to use
        that capacity while the determination is in force.".