Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"another country" includes any region:
(a) that is part of a foreign country; or
(b) that is under the protection of a foreign country; or
(c) for whose international relations a foreign country is responsible.
"Australian carrier" , in relation to particular capacity, means a person who:
(a) conducts, or proposes to conduct, an international airline service to and from Australia; and
(b) under the bilateral arrangement to which the capacity relates, may be permitted to carry passengers or freight, or both passengers and freight, under that arrangement as an airline designated, nominated or otherwise similarly authorised by Australia.
"available capacity" has the meaning given in subsection 5(1).
"bilateral arrangement" means an agreement or arrangement between:
(a) Australia, or an entity or organisation nominated or otherwise similarly authorised by Australia to enter into the agreement or arrangement; and
(b) another country;
under which the carriage by air of passengers or freight (or both) is permitted.
"blocked space arrangements" means arrangements under which capacity is acquired by a carrier for the carriage of passengers or freight on an aircraft of another carrier.
"capacity" means an amount of space (however worked out or described) for the carriage of passengers or freight (or both) by persons designated, nominated or otherwise similarly authorised by Australia, being carriage permitted under a bilateral arrangement, or a combination of bilateral arrangements.
"Chairperson" means the Chairperson of the Commission.
"code sharing" means an arrangement under which a carrier sells capacity under its own designator code on a flight operated by another airline.
"Commission" means the International Air Services Commission established by section 6.
"determination" means a determination made by the Commission under section 7 or 8 concerning the allocation of capacity.
"interim determination" means a determination that includes a statement, under paragraph 15(2)(b), 19(1)(b) or 54(4)(a), to the effect that it is an interim determination.
"joint international air services" includes, but is not limited to, the provision of international air services by an Australian carrier involving code sharing, blocked space arrangements, joint pricing, revenue and cost sharing, revenue and cost pooling, or the sale of capacity to another airline.
"member" means a member of the Commission.
"operational decision" , in relation to particular capacity, means a decision (including the granting of any licence or the giving of any approval) under the Air Navigation Act 1920 , or the regulations made under that Act, that must be made if an Australian carrier is to be permitted to operate an international airline service using that capacity.
"reduce" , in relation to capacity, includes reduce to nil.
"renewal" means renewal of a determination under section 8.
"review" means review of a determination under section 10.
"Secretary" means the Secretary of the Department.
"transfer application" means an application, by an Australian carrier to whom a determination allocates capacity, for one or both of the following:
(a) a variation of the determination in a way that allocates, or has the effect of allocating, that capacity to another Australian carrier;
(b) a variation of the determination that varies, or has the effect of varying, one or more conditions of a kind referred to in paragraph 15(2)(d), (e) or (f).
"wholly-owned subsidiary" has the same meaning as in the Corporations Act 2001 .
(2) A reference in this Act to an allocation of capacity is a reference to a finding, included in a determination, that a specified Australian carrier should be permitted to use that capacity.
(3) A reference in this Act to the benefit to the public in relation to an allocation of capacity is a reference to the benefit to the public that would occur if the Australian carrier to whom the capacity is allocated were permitted to use that capacity.
(4) A reference in this Act to use of capacity is a reference to the operation of an international air service to provide the carriage of passengers or freight, or both passengers and freight, to which the capacity relates.