Cases Completed in 2013

Below is a list of the Commission's completed cases in 2013.

Renewal - Thailand - Qantas - 31 October 2013

The Commission has received an application [PDFPDF: 252 KB] [ReadSpeaker] from Qantas seeking the renewal of Determination [2009] IASC 120, which allocates 1.4 B747 equivalent units of capacity per week on the Thailand route. Other applications for this capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 7 November 2013, with the application due by COB 14 November 2013. If no notice of intention is received by COB 7 November 2013, the Commission may proceed to make a decision.

Update - 27 November 2013

On 27 November 2013, the Delegate of the Commission issued Renewal Determination [2013] IASC 139 [PDFPDF: 1106 KB] [ReadSpeaker] allocating 1.4 B747 equivalent units of capacity per week and allowing any wholly-owned subsidiary of Qantas to provide joint services with Qantas.

Renewal - Virgin Australia - Thailand - 05 November 2013

The Commission has received an application [PDFPDF: 156 KB] [ReadSpeaker] from Virgin Australia seeking a renewal of Determination [2009] IASC 133 which allocates 3.15 B747 equivalent services of capacity in each direction on the Thailand route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 12 November 2013, with the application due by COB 19 November 2013. If no notice of intention is received by COB 12 November 2013, the Commission may proceed to make a decision.

Update - 27 November 2013

On 27 November 2013, the Delegate of the Commission issued Renewal Determination [2013] IASC 140 [PDFPDF: 1428 KB] [ReadSpeaker]allocating to Virgin Australia 3.15 B747 equivalent units of capacity per week in each direction and permitting joint services with Etihad and Air Berlin on the Thailand route.

Japan - 06 November 2013

The Commission has received an application [PDFPDF: 438 KB] [ReadSpeaker] from Qantas seeking a revocation of Determination [2013] IASC 104 which allocates 6.1 units of capacity on the Japan route, and a variation of Determination [2011] IASC 128 to reduce the capacity allocated from 43.4 units to 7 units of capacity per week on the Japan route.

In accordance with subsection 27AA(3) of the International Air Services Commission Act 1992 (the Act), on receipt of a request to revoke a determination, the Commission must make a decision revoking the determination.

In relation to a request for variation of a determination where the only effect would be to reduce the capacity allocated to a carrier, the Commission is not required to invite submissions about the review of the determination pursuant to subsection 22(1A) of the Act. Subsection 24(3) requires the Commission to reduce the capacity as requested.

Update - 07 November 2013

On 7 November 2013, the Delegate of the Commission issued Decision [2013] IASC 227 [PDFPDF: 566 KB] [ReadSpeaker] revoking Determination [2013] IASC 104 and varying Determination [2011] IASC 128 to reduce the capacity allocated from 43.4 units to 7 units as requested.

Japan - 17 October 2013

The Commission has received an application [PDFPDF: 650 KB] [ReadSpeaker] from Qantas seeking a variation to Determination [2012] IASC 102 for unlimited capacity for passenger services between points in Australia and points in Japan, other than Haneda airport. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 24 October 2013, with the submission due by COB 31 October 2013. If no notice of intention is received by COB 24 October 2013, the Commission may proceed to make a decision.

Update - 28 October 2013

On 28 October 2013, the Delegate of the Commission issued Decision [2013] IASC 226 [PDFPDF: 930 KB] [ReadSpeaker], varying Determination [2012] IASC 102 by allocating to Qantas unlimited capacity for passenger services between points in Australia and points in Japan other than Haneda Airport.

Indonesia - 18 September 2013

The Commission has received an application [PDFPDF: 403 KB] [ReadSpeaker] from Virgin Australia seeking a variation to Determination [2013] IASC 130 to permit the utilisation of the capacity allocated to be used for code share services with Delta on the route. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 25 September 2013, with the submission due by COB 3 October 2013. If no notice of intention is received by COB 25 September 2013, the Commission may proceed to make a decision.

Update - 18 September 2013

Virgin Australia has notified the Commission that it is seeking a variation to the current Determination [2009] IASC 105 (as varied by Decisions [2010] IASC 206 and [2012] IASC 204) as well as the renewal Determination [2013] IASC 130.

Update - 10 October 2013

On 9 October 2013, the Delegate of the Commission issued Decision [2013] IASC 225 [PDFPDF: 1013 KB] [ReadSpeaker], varying Determinations [2009] IASC 105 and [2013] IASC 130 to permit the capacity to be used by Virgin Australia for code share services with Delta.

Renewal - Various - Virgin Australia - 12 September 2013

The Commission has received an application [PDFPDF: 177 KB] [ReadSpeaker] from Virgin Australia seeking the renewal of determinations [2008] IASC 128 on the Cook Islands route and [2008] IASC 129 on the Fiji route. These determinations are due to expire in the next 12 months.

The Commission invites other applications relating to the capacity subject of renewal. The closing date for notice of intention to make an application is COB (i.e. 5 pm) on 19 September 2013, with the application due by COB 26 September 2013. If no notice of intention is received by COB 19 September 2013, the Commission may proceed to make a decision.

Update - 01 October 2013

On 1 October 2013, the delegate of the Commission issued Renewal Determination [2013] IASC 137 [PDFPDF: 924 KB] [ReadSpeaker], allocating 180 seats per week on the Cook Islands route to Virgin Australia for five years and Renewal Determination [2013] IASC 138 [PDFPDF: 913 KB] [ReadSpeaker], allocating 1,260 seats per week on the Fiji route to Virgin Australia for five years.

Renewal - Indonesia - Virgin Australia - 19 August 2013

The Commission has received an application [PDFPDF: 250 KB] [ReadSpeaker] from Virgin Australia seeking the renewal of Determination [2009] IASC 113 which allocates 720 seats in each direction on the Indonesia route. Other applications for this capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 26 August 2013, with the application due by COB 2 September 2013. If no notice of intention is received by COB 26 August 2013, the Commission may proceed to make a decision.

Update - 09 September 2013

On 6 September 2013 the Delegate of the Commission issued Renewal Determination [2013] IASC 134 [PDFPDF: 1266 KB] [ReadSpeaker] allocating 720 seats of capacity per week in each direction. The Determination is for five years from 11 August 2014.

Renewal - Vanuatu - Pacific Air Express - 20 August 2013

The Commission has received an application [PDFPDF: 131 KB] [ReadSpeaker] from Pacific Air Express seeking to renew Determination [2009] IASC 118, as varied by Decision [2010] IASC 211 which allocates 17.5 tonnes per week of freight capacity on the Vanuatu route. The application seeks a renewal of the determination for a further period of 10 years from 12 August 2014.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 27 August 2013, with the application due by COB 3 September 2013. If no notice of intention is received by COB 27 August 2013, the Commission may proceed to make a decision.

Update - 04 September 2013

On 4 September 2013 the Delegate of the Commission issued Renewal Determination [2013] IASC 136 [PDFPDF: 876 KB] [ReadSpeaker] allocating 17.5 tonnes of freight capacity to Pacific Air Express on the Vanuatu route for ten years.

Renewal - Indonesia - Qantas - 19 August 2013

The Commission has received an application [PDFPDF: 278 KB] [ReadSpeaker] from Qantas seeking to renew determination [2009] IASC 115 which allocates unlimited passenger capacity between points in Australia except Sydney, Melbourne (including Avalon), Brisbane, Perth and points in Indonesia.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 26 August 2013, with the application due by COB 2 September 2013. If no notice of intention is received by COB 26 August 2013, the Commission may proceed to make a decision.

Update - 04 September 2013

On 4 September 2013 the Delegate of the Commission issued Renewal Determination [2013] IASC 135 [PDFPDF: 1257 KB] [ReadSpeaker] allocating unlimited passenger capacity on the Indonesia route between points in Australia except Sydney, Melbourne, Brisbane and Perth and points in Indonesia for ten years.

Hong Kong - 19 August 2013

The Commission has received an application [PDFPDF: 428 KB] [ReadSpeaker] from Qantas seeking a variation to determinations [2009] IASC 123, [2011] IASC 116 and [2011] IASC 117 which together allocate 25 frequencies on the Hong Kong Route. The application for variation seeks to enable Jet Airways to code share on Qantas operated services between Australia and Hong Kong. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 26 August 2013, with the submission due by COB 2 September 2013. If no notice of intention is received by COB 26 August 2013, the Commission may proceed to make a decision.

Update - 03 September 2013

On 3 September 2013 the Delegate of the Commission issued Decision [2013] IASC 224 [PDFPDF: 1142 KB] [ReadSpeaker] which varied various determinations on the Hong Kong route to permit Jet Airways to code share on Qantas' services on the route as requested.

France (Route 3) New Caledonia - 15 April 2013

The Commission has received an application [PDFPDF: 286 KB] [ReadSpeaker] from Pacific Air Express seeking an allocation of one B737F service per week of freight capacity on the New Caledonia route. Other applications for the capacity and submissions about the application are invited.

The closing date for notice of intention to make an application or submission is COB (i.e. 5pm) on 19 April 2013, with the application or submission due by COB 26 April 2013. If no notice of intention is received by COB 19 April 2013, the Commission may proceed to make a decision.

France (Route 3) New Caledonia - 04 April 2013

The Commission has received an application [PDFPDF: 64 KB] [ReadSpeaker] from Chapman Freeborn seeking an allocation of 32 tonnes of freight capacity on the New Caledonia route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 11 April 2013, with the application due by COB 18 April 2013. If no notice of intention is received by COB 11 April 2013, the Commission may proceed to make a decision.

  • Submission received 15 April 2013: [PDFPDF: 32 KB] [ReadSpeaker]

Update - 18 April 2013

Chapman Freeborn has reviewed its requirements on this route and as a result has withdrawn this application.

France (Route 3) New Caledonia - 26 March 2013

The Commission has received an application [PDFPDF: 41 KB] [ReadSpeaker] from Pionair (trading as Skyforce Aviation) seeking an allocation of 28 tonnes of freight capacity on the France (Route 3) New Caledonia route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 4 April 2013, with the application due by COB 11 April 2013. If no notice of intention is received by COB 4 April 2013, the Commission may proceed to make a decision.

Update - 09 April 2013

Several applications have been received for freight capacity on the New Caledonia route, including by applicants who have not previously operated scheduled international air services. In accordance with Regulation 2B of the International Air Services Commission Regulations 1992, the Commission invites submissions about the applications. The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 16 April 2013, with the submissions due by COB 23 April 2013.

In accordance with the Commission’s procedures, all submissions will be placed on the Commission’s website, including any submissions made in response to other submissions. The only exception is where the submitter satisfies the Commission that the submission contains confidential information which should not be published. Where the Commission accepts that a submission contains confidential information, the submitter must also provide a non-confidential version for publication. The existence and nature of the confidential information must be referred to in the non-confidential version, such that the non-confidential version addresses all of the substantive issues which the submitter wishes to bring to the notice of the Commission. The Commission reserves the right to reject confidential information if the requirements of this paragraph have not been complied with, and such information will be returned to the submitter.

Update - 07 May 2013

The Commission invited all the applicants to address the paragraph 5 criteria in the Ministers Policy Statement. The Commission has received a submission from Pacific Air Express addressing the Paragraph 5 criteria.

Paragraph 5 Submissions

Invitation to make a submission

The Commission now invites submissions from interested parties about Pacific Air Express' submission addressing the paragraph 5 criteria. Interested parties have until COB 16 May 2013 to make a submission, unless additional time is sought and agreed to by the Commission.

Update - 13 May 2013

Paragraph 5 Submissions

Skyforce - [PDFPDF: 105 KB] [ReadSpeaker]

Invitation to make a submission

The Commission invites submissions from interested parties about the Skyforce submission addressing the paragraph 5 criteria. Interested parties have until COB 16 May 2013 to make a submission, unless additional time is sought and agreed to by the Commission.

Update - 26 June 2013

Australian Competition and Consumer Commission (ACCC) submission

Upon invitation from the Commission, the ACCC has provided a submission [PDFPDF: 84 KB] [ReadSpeaker] outlining their views on the applications by Pacific Air Express and Pionair (trading as Skyforce Aviation) to operate on the France (Route 3) New Caledonia route.

Update - 31 July 2013

On 31 July 2013, the Commission issued Draft Interim Determination [2013] IASC 128d [PDFPDF: 3650 KB] [ReadSpeaker] which proposes to allocate one all-cargo service per week to Pionair on the New Caledonia route for three years.

The Commission now invites submissions from interested parties. Submitters will have until COB 7 August 2013 to notify an intent to make a submission and until COB 14 August 2013 to make a submission.

Update - 19 August 2013

On 19 August 2013 the Commission issued Interim Determination [2013] IASC 128 [PDFPDF: 3383 KB] [ReadSpeaker] allocating to Pionair one frequency of freight capacity on the New Caledonia route for a period of three years.

Papua New Guinea - 22 April 2013

Qantas has submitted a variation [PDFPDF: 219 KB] [ReadSpeaker] to its application of 5 April 2013, increasing the requested allocation of capacity from 27.5 tonnes of freight capacity to a total of 35 tonnes. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 26 April 2013, with the application due by COB 3 May 2013. If no notice of intention is received by COB 26 April 2013, the Commission may proceed to make a decision.

Papua New Guinea - 5 April 2013

The Commission has received an application [PDFPDF: 528 KB] [ReadSpeaker] from Qantas seeking an allocation of 27.5 tonnes of freight capacity. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 15 April 2013, with the application due by COB 22 April 2013. If no notice of intention is received by COB 15 April 2013, the Commission may proceed to make a decision.

  • Submission received 15 April 2013: [PDFPDF: 32 KB] [ReadSpeaker]

Papua New Guinea - 4 April 2013

The Commission has received an application [PDFPDF: 56 KB] [ReadSpeaker] from Chapman Freeborn seeking an allocation of 32 tonnes of freight capacity on the Papua New Guinea route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 11 April 2013, with the application due by COB 18 April 2013. If no notice of intention is received by COB 11 April 2013, the Commission may proceed to make a decision.

  • Submission received 15 April 2013: [PDFPDF: 32 KB] [ReadSpeaker]

Update - 18 April 2013

Chapman Freeborn has reviewed its requirements on this route and as a result has withdrawn this application.

Papua New Guinea - 26 March 2013

The Commission has received an application [PDFPDF: 38 KB] [ReadSpeaker] from Pionair (trading as Skyforce Aviation) seeking an allocation of 18 tonnes of freight capacity on the Papua New Guinea route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 4 April 2013, with the application due by COB 11 April 2013. If no notice of intention is received by COB 4 April 2013, the Commission may proceed to make a decision.

Update - 09 April 2013

Several applications have been received for freight capacity on the Papua New Guinea route, including by applicants who have not previously operated scheduled international air services. In accordance with Regulation 2B of the International Air Services Commission Regulations 1992, the Commission invites submissions about the applications. The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 16 April 2013, with the submission due by COB 23 April 2013.

In accordance with the Commission’s procedures, all submissions will be placed on the Commission’s website, including any submissions made in response to other submissions. The only exception is where the submitter satisfies the Commission that the submission contains confidential information which should not be published. Where the Commission accepts that a submission contains confidential information, the submitter must also provide a non-confidential version for publication. The existence and nature of the confidential information must be referred to in the non-confidential version, such that the non-confidential version addresses all of the substantive issues which the submitter wishes to bring to the notice of the Commission. The Commission reserves the right to reject confidential information if the requirements of this paragraph have not been complied with, and such information will be returned to the submitter.

Update - 20 May 2013

On 20 May 2013 the Commission issued Determination [2013] IASC 123 [PDFPDF: 1020 KB] [ReadSpeaker]allocating to Qantas 35 tonnes of freight capacity on the route. The application by Pionair is being assessed separately.

Update - 03 June 2013

On 3 June 2013 the Commission issued Draft Interim Determination [2013] IASC 129d [PDFPDF: 1646 KB] [ReadSpeaker] proposing to allocate to Pionair 18 tonnes of freight capacity per week on the Papua New Guinea route for 3 years.

The Commission now invites submissions from interested parties. Submitters will have until COB11 June 2013 to notify an intent to make a submission and until COB 18 June 2013 to make a submission.

Update - 29 July 2013

On 29 July 2013, the Commission issued Interim Determination [2013] IASC 129 [PDFPDF: 1665 KB] [ReadSpeaker]allocating 18 tonnes of cargo capacity to Pionair for a period of three years.

New Zealand - 28 June 2013

The Commission has received an application [PDFPDF: 558 KB] [ReadSpeaker] from Qantas seeking a variation to Determination [2006] IASC 109, which allocates capacity on the New Zealand route, to permit Emirates to code share on Qantas operated services. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 5 July 2013, with the submission due by COB 12 July 2013. If no notice of intention is received by COB 5 July 2013, the Commission may proceed to make a decision.

Update - 25 July 2013

On 25 July 2013, the delegate of the Commission issued Decision [2013] IASC 223 [PDFPDF: 1028 KB] [ReadSpeaker] permitting Qantas to provide services jointly with Emirates as requested.

Fiji - 06 July 2013

The Commission has received an application [PDFPDF: 172 KB] [ReadSpeaker] from Virgin Australia seeking a renewal of Determination [2009] IASC 109 allocating capacity on the Fiji route. Other applications relating to the capacity subject to renewal are invited.

The closing date for notice of intention to make an application is COB (i.e. 5 pm) on 12 July 2013, with the application due by COB 19 July 2013. If no notice of intention is received by COB 12 July 2013, the Commission may proceed to decide on the application.

Update - 19 July 2013

On 19 July 2013, the delegate of the Commission issued, in favour of Virgin Australia Airlines (SE Asia) Pty Ltd, Renewal Determination [2013] IASC 132 [PDFPDF: 815 KB] [ReadSpeaker] allocating unrestricted capacity on the Fiji route between points in Australia other than Sydney, Melbourne, Brisbane and Perth and authorised points in Fiji for five years.

Solomon Islands - 06 July 2013

The Commission has received an application [PDFPDF: 172 KB] [ReadSpeaker] from Virgin Australia seeking a renewal of Determination [2009] IASC 110 allocating capacity on the Solomon Islands route. Other applications relating to the capacity subject to renewal are invited.

The closing date for notice of intention to make an application is COB (i.e. 5 pm) on 12 July 2013, with the application due by COB 19 July 2013. If no notice of intention is received by COB 12 July 2013, the Commission may proceed to decide on the application.

Update - 19 July 2013

On 19 July 2013, the delegate of the Commission issued, in favour of Virgin Australia Airlines (SE Asia) Pty Ltd, Renewal Determination [2013] IASC 133 [PDFPDF: 825 KB] [ReadSpeaker]allocating 180 seats of capacity per week in each direction on the Solomon Islands route for five years.

United Arab Emirates - 03 April 2013

The Commission has received an application [PDFPDF: 391 KB] [ReadSpeaker] from Virgin Australia seeking a variation of Determination [2010] IASC 118, which allocates three services per week in each direction on the route, to permit Air Berlin to code share on Virgin Australia's services. Submissions about this application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 10 April 2013, with the submission due by COB 17 April 2013. If no notice of intention is received by COB 10 April 2013, the Commission may proceed to make a decision.

Update - 08 July 2013

On 8 July 2013, the delegate of the Commission issued Decision [2013] IASC 215[PDFPDF: 1160 KB] [ReadSpeaker]  permitting the capacity to be used by Virgin Australia to provide services jointly with Air Berlin as requested.

Indonesia - 07 June 2013

The Commission has received an application [PDFPDF: 338 KB] [ReadSpeaker] from Virgin Australia seeking a renewal of Determinations [2009] IASC 105 and [2009] IASC 106 which allocate capacity on the Indonesia route. Other applications relating to the capacity subject of renewal are invited.

The closing date for notice of intention to make an application is COB (i.e. 5 pm) on 17 June 2013, with the application due by COB 24 June 2013. If no notice of intention is received by COB 17 June 2013, the Commission may proceed to decide on the application.

Update - 08 July 2013

On 8 July 2013, the Delegate of the Commission issued Renewal Determinations [2013] IASC 130 [PDFPDF: 1075 KB] [ReadSpeaker] and [2013] IASC 131 [PDFPDF: 948 KB] [ReadSpeaker] renewing [2009] IASC 105 and [2009] IASC 106 as requested.

Thailand - 15 May 2013

The Commission has received an application [PDFPDF: 45 KB] [ReadSpeaker] from Virgin Australia seeking a variation to Determination [2009] IASC 133, which allocates capacity on the Thailand route, to permit Air Berlin to code share on Virgin Australia services. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 22 May 2013, with the submission due by COB 29 May 2013. If no notice of intention is received by COB 22 May 2013, the Commission may proceed to make a decision.

Update - 08 July 2013

On 8 July 2013, the Delegate of the Commission issued Decision [2013] IASC 221[PDFPDF: 1155 KB] [ReadSpeaker] permitting the capacity allocated to be used by Virgin Australia to provide services jointly with Air Berlin as requested.

Hong Kong - 27 May 2013

The Commission has received an application [PDFPDF: 450 KB] [ReadSpeaker] from Qantas seeking a variation of various determinations which together allocate a total of 25 frequencies on the Hong Kong route, to enable Finnair to code share on Qantas' services. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 3 June 2013, with the submission due by COB 10 June 2013. If no notice of intention is received by COB 3 June 2013, the Commission may proceed to make a decision.

Update - 05 June 2013

On 3 June 2013 the Delegate of the Commission issued Decision [2013] IASC 222 [PDFPDF: 987 KB] [ReadSpeaker] permitting Finnair to code share on Qantas' services on the Hong Kong route.

Nauru - 15 April 2013

The Commission has received an application [PDFPDF: 202 KB] [ReadSpeaker] from Pacific Air Express seeking an allocation of three B737F services per week of freight capacity on the Nauru route. Other applications for the capacity and submissions about the application are invited.

The closing date for notice of intention to make an application or submission is COB (i.e. 5pm) on 19 April 2013, with the application or submission due by COB 26 April 2013. If no notice of intention is received by COB 19 April 2013, the Commission may proceed to make a decision.

Nauru - 04 April 2013

The Commission has received an application [PDFPDF: 613 KB] [ReadSpeaker] from Chapman Freeborn seeking an allocation of 32 tonnes of freight capacity on the Nauru route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 11 April 2013, with the application due by COB 18 April 2013. If no notice of intention is received by COB 11 April 2013, the Commission may proceed to make a decision.

  • Submission received 15 April 2013: [PDFPDF: 32 KB] [ReadSpeaker]

Update - 18 April 2013

Chapman Freeborn has reviewed its requirements on this route and as a result has withdrawn this application.

Update - 15 April 2013

Two applications have been received for freight capacity on the Nauru route, which in total exceed the total amount of capacity available for allocation. In accordance with Regulation 2B of the International Air Services Commission Regulations 1992, the Commission invites submissions about the applications. The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 19 April 2013, with the submissions due by COB 26 April 2013.

In accordance with the Commission's procedures, all submissions will be placed on the Commission's website, including any submissions made in response to other submissions. The only exception is where the submitter satisfies the Commission that the submission contains confidential information which should not be published. Where the Commission accepts that a submission contains confidential information, the submitter must also provide a non-confidential version for publication. The existence and nature of the confidential information must be referred to in the non-confidential version, such that the non-confidential version addresses all of the substantive issues which the submitter wishes to bring to the notice of the Commission. The Commission reserves the right to reject confidential information if the requirements of this paragraph have not been complied with, and such information will be returned to the submitter.

Update - 20 May 2013

On 20 May 2013 the Delegate of the Commission issued Determination [2013] IASC 126 [PDFPDF: 719 KB] [ReadSpeaker] allocating three services of freight capacity per week to Pacific Air Express as requested.

Indonesia - 03 April 2013

The Commission has received an application [PDFPDF: 275 KB] [ReadSpeaker] from Virgin Australia seeking a renewal of Determination [2009] IASC 103 which allocates 720 seats of capacity on the route. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 10 April 2013, with the application due by COB 17 April 2013. If no notice of intention is received by COB 10 April 2013, the Commission may proceed to make a decision.

Update - 20 May 2013

On 20 May 2013 the Commission issued Determination [2013] IASC 127 [PDFPDF: 1021 KB] [ReadSpeaker], renewing determination [2009] IASC 103, which allocated 720 seats per week on the Indonesia route.

Various Routes - 16 April 2013

The Commission has received an application [PDFPDF: 259 KB] [ReadSpeaker] from Qantas seeking to renew its determinations on the Vietnam, China and Indonesia routes. These determinations are due to expire in the next 12 months. The Commission invites other applications relating to the capacity subject of renewal.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 23 April 2013, with the application due by COB 30 April 2013. If no notice of intention is received by COB 23 April 2013, the Commission may proceed to make a decision.

Update - 20 May 2013

On 20 May 2013 the Commission issued the following determinations renewing determinations as follows:

  • Determination [2013] IASC 124 [PDFPDF: 945 KB] [ReadSpeaker], renewing determination [2009] IASC 101, which allocated one dedicated cargo service per week on the Vietnam route in favour of Qantas; and
  • Determination [2013] IASC 125 [PDFPDF: 1328 KB] [ReadSpeaker], renewing determination [2008] IASC 121, which allocated 2,301 seats of capacity per week on the China route in favour of Qantas.

Note: the application for renewal on the Indonesia route was withdrawn temporarily. Qantas will reapply at a later stage.

Renewal of Determinations expiring in 2013 - 04 September 2012

Qantas has applied to the Commission to renew a number determinations expiring in 2013. The application may be viewed here. [PDFPDF: 59 KB] [ReadSpeaker]

Virgin Australia has also applied to the Commission to renew a number of determinations. The Virgin Australia application may be viewed here. [PDFPDF: 495 KB] [ReadSpeaker]

The determinations subject to renewal and any subsequent variations to the determinations may be viewed on the Commission web site under Determinations and Decisions.

Other applications for the capacity are invited. The closing date for notice of intention to make an application is COB 11 September 2012, with applications due by COB 18 September 2012, unless additional time is sought and agreed to by the Commission.

Update - 12 September 2012

In response to the Commission inviting other applications for capacity, the Commission has received an application from Virgin Australia for an allocation of 300 seats per week on the Italy route. The Virgin Australia application may be found here. [PDFPDF: 29 KB] [ReadSpeaker]

The Next Steps

As this creates a contested situation, the Commission will write to both airlines requesting that they both address the relevant criteria in support of their applications.

Update - 27 September 2012

Qantas has requested an extension to address the criteria in Paragraph 8 of the Ministers Policy Statement in support of its application to renew Determination [2007] IASC113 which allocates 600 third country seats on the Italy route. Qantas recently announced a proposed global aviation partnership with Emirates and said that this will be relevant to its application for renewal as it is proposed that the partnership include destinations in Italy. Given the complexity of this matter, Qantas requested an extension to Friday 5 October 2012 to provide its submission.

The Commission has considered Qantas' request and has agreed to the extension for the reasons given until COB 5 October 2012.

Update - 09 October 2012

Submissions received:

Virgin Australia - [PDFPDF: 4210 KB] [ReadSpeaker]
Qantas - [PDFPDF: 4143 KB] [ReadSpeaker]

The Commission now invites submissions from interested parties about the airlines’ applications and their related submissions addressing the relevant criteria. Interested parties have until COB 16 October 2012 to notify an intention to make a submission and until COB 23 October 2012 to lodge the submission, unless additional time is sought and agreed to by the Commission.

Update - 24 October 2012

Submissions received:

Qantas - [PDFPDF: 1944 KB] [ReadSpeaker]

Update - 25 October 2012

On 24 October 2012, the Commission agreed to a request from Virgin Australia to respond to Qantas' submission of 23 October 2012. The Virgin Australia response may be found here [PDFPDF: 880 KB] [ReadSpeaker].

Update - 30 October 2012

On 25 October 2012, the Commission agreed to a request from Qantas to be able to respond to the Virgin Australia letter of 24 October 2012. The Qantas letter may be found here [PDFPDF: 426 KB] [ReadSpeaker].

Update - 24 January 2013

The Commission has received an amendment [PDFPDF: 258 KB] [ReadSpeaker] to Qantas' application for renewal of capacity on the Thailand route. The amendment requests the addition of conditions enabling the capacity allocated to be utilised to provide joint services with Emirates. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 31 January 2013, with the submission due by COB 7 February 2013. If no notice of intention is received by COB 31 January 2013, the Commission may proceed to make a decision.

Update - 04 April 2013

The Commission has now issued all of the renewals requested by both Virgin Australia and Qantas. The Renewal Determinations may be found on the Determinations and Decisions page of this website under the corresponding countries.

Singapore - 20 March 2013

The Commission has received an application [PDFPDF: 345 KB] [ReadSpeaker] from Virgin Australia seeking an allocation of 400 seats per week beyond Singapore to Colombo, which Virgin Australia plans to use to provide joint services with Singapore Airlines. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 27 March 2013, with the application due by COB 3 April 2013. If no notice of intention is received by COB 27 March 2013, the Commission may proceed to make a decision.

Update - 28 March 2013

On 28 March 2013 the Delegate, on behalf of the Commission, issued Determination [2013] IASC 121 [PDFPDF: 882 KB] [ReadSpeaker] which allocates to Virgin Australia 400 seats per week on the Singapore route to be used to excercise own stopover rights between Singapore and Sri Lanka and permits Virgin Australia to code share on Singapore Airlines services to Colombo via Singapore.

Singapore - 19 March 2013

The Commission has received an application [PDFPDF: 516 KB] [ReadSpeaker] from Qantas seeking an allocation of 300 seats per week on the Singapore route which it plans to use to provide code share services on Emirates. Other applications for the capacity are invited.

The closing date for notice of intention to make an application is COB (i.e. 5pm) on 26 March 2013, with the application due by COB 2 April 2013. If no notice of intention is received by COB 26 March 2013, the Commission may proceed to make a decision.

Update - 28 March 2013

On 28 March 2013 the Delegate, on behalf of the Commission, issued Determination [2013] IASC 120 [PDFPDF: 964 KB] [ReadSpeaker] which allocates to Qantas 300 seats per week on the Singapore route to be used to exercise own stopover rights between Singapore and Sri Lanka and permits Qantas to code share on Emirates' services to Colombo via Singapore.

Thailand - 11 February 2013

The Commission has received an application [PDFPDF: 508 KB] [ReadSpeaker] from Qantas seeking a variation of Determination [2011] IASC 101, which allocates 14 third party code share services per week on the Thailand route, to add conditions enabling it to use the capacity to provide joint services with Emirates on the route. Qantas also sought to have conditions permitting joint services with Finnair removed. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 18 February 2013, with the submission due by COB 25 February 2013. If no notice of intention is received by COB 18 February 2013, the Commission may proceed to make a decision.

Update - 07 March 2013

Submissions received:

ACCC - [PDFPDF: 126 KB] [ReadSpeaker]

Update - 26 March 2013

On 25 March 2013, the Commission issued Decision [2013] IASC 207 [PDFPDF: 1750 KB] [ReadSpeaker], varying Determination [2011] IASC 101 to permit Emirates to code share on Qantas' services on the Thailand route.

Various Routes - 24 January 2013

The Commission has received an application [PDFPDF: 609 KB] [ReadSpeaker] from Qantas seeking to vary various determinations to permit Emirates to code share on Qantas services between points in Australia and the United Kingdom, via Dubai and points in Australia to Singapore and Thailand. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 31 January 2013, with the submission due by COB 7 February 2013. If no notice of intention is received by COB 31 January 2013, the Commission may proceed to make a decision.

Update - 25 February 2013

On 19 February 2013 the Delegate of the Commission issued Decisions [2013] IASC 203 [PDFPDF: 1691 KB] [ReadSpeaker], [2013] IASC 204 [PDFPDF: 1666 KB] [ReadSpeaker] and [2013] IASC 205[PDFPDF: 1850 KB] [ReadSpeaker] permitting Emirates to code share on Qantas services on the UK, UAE and Singapore routes as requested. The application in regards to the Thailand route is still under consideration.

Update - 26 March 2013

On 25 March 2013, the Commission issued Decision [2013] IASC 206 [PDFPDF: 1736 KB] [ReadSpeaker], varying Determination [2011] IASC 123 to permit Emirates to code share on Qantas' services on the Thailand route.

Italy - 12 March 2013

The Commission has received an application [PDFPDF: 49 KB] [ReadSpeaker] from Qantas, seeking a variation to Determination [2007] IASC 113 to reduce capacity from 600 to 300 seats and to enable Qantas to code share with Emirates on the Italy route effective from 31 March 2013. Qantas has also amended its request of 3 September 2012 to renew Determination [2007] IASC 113, by seeking renewal of 300 seats of the 600 seats allocated by this determination.

Submissions about this application are invited. As the application involves a reduction in capacity (which normally does not require consultation) and a variation for code sharing that has been approved for other applications, rather than the normal 10 working days for submissions, the closing date for submissions will be COB Tuesday 19 March 2013.

Update - 26 March 2013

On 25 March 2013 the Commission issued Decision [2013] IASC 214 [PDFPDF: 1430 KB] [ReadSpeaker], varying Determination [2007[ IASC 113 to reduce the capacity allocated to Qantas from 600 seats per week to 300 seats per week and to permit Qantas to code share on Emirates' services on the Italy route.

France Route 3 (New Caledonia) - 20 February 2013

The Commission has received an application [PDFPDF: 279 KB] [ReadSpeaker] from Qantas seeking an allocation of 150 seats to accommodate aircraft substitution on the route. Other applications for the capacity are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 27 February 2013, with the submission due by COB 6 March 2013. If no notice of intention is received by COB 27 February 2013, the Commission may proceed to make a decision.

Update - 25 March 2013

On 25 March 2013, the delegate of the Commission issued Determination [2013] IASC 118 [PDFPDF: 1205 KB] [ReadSpeaker] allocating an additional 150 seats per week in order to accommodate aircraft substitution as requested.

France Route 1 - 24 January 2013

The Commission has received an application [PDFPDF: 614 KB] [ReadSpeaker] from Qantas seeking a variation of Determination [2011] IASC 119 which allocates 250 one-way seats per day averaged over 12 months in each direction on France Route 1. The variation sought is to permit Emirates to code share on Qantas services. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 31 January 2013, with the submission due by COB 7 February 2013. If no notice of intention is received by COB 31 January 2013, the Commission may proceed to make a decision.

Update - 07 March 2013

Submissions received:

ACCC - [PDFPDF: 126 KB] [ReadSpeaker]

Update - 12 March 2013

On 8 March 2013, the Commission issued Decision [2013] IASC 208 [PDFPDF: 76 KB] [ReadSpeaker]  permitting Qantas to provide joint services with Emirates as requested.

Review of determinations allocating capacity to Heavy Lift Cargo Airlines of Australia (HeavyLift) - 18 January 2013

HeavyLift currently has the following determinations:

Papua New Guinea route
• [2009] IASC 117, which allocates 16.5 tonnes of freight capacity; and
• [2011] IASC 111, which allocates 22.5 tonnes of freight capacity.

Solomon Islands route
• [2008] IASC 130, which allocates 25 tonnes of freight capacity.

New Zealand route
• [2005] IASC 101, which allocates unlimited freight capacity.

On 8 August 2012 the Commission was informed by the Department of Infrastructure and Transport that HeavyLift’s International Airline Licence had been cancelled.

Under section 10 of the International Air Services Commission Act 1992 (the Act), the Commission may, at any time, conduct a review of a determination if it believes there may be grounds for varying, suspending or revoking the determination.

Before deciding to initiate a review, it is the Commission’s normal practice to inform the carrier to whom capacity has been allocated of the matters of concern to the Commission and to invite the carrier to show cause as to why a review should not be carried out. This is not possible in this case as HeavyLift has ceased trading and is under external administration. The Commission informed the Administrators appointed for HeavyLift of the proposed review.

The Commission has decided to conduct a review of all the determinations allocating capacity to HeavyLift and, in accordance with section 22 of the Act, invites submissions about the review.

The closing date for notice of intention to make a submission is COB (i.e. 5pm) on 25 January 2013, with the submission due by COB 1 February 2013. If no notice of intention is received by COB 25 January 2013, the Commission may proceed to make a decision.

Update - 12 March 2013

After conducting a review of capacity held by HeavyLift, the Commission issued Decision [2013] IASC 212 [PDFPDF: 61 KB] [ReadSpeaker] on 8 March 2013 revoking HeavyLifts determinations on all routes on which it had allocations.

Italy - 18 December 2012

The Commission has received an application [PDFPDF: 507 KB] [ReadSpeaker] from Qantas seeking a variation to Determination [2010] IASC 104 which allocates 400 seats on the Italy route. The application is seeking to permit Emirates to code share on Qantas services between Dubai and Milan. Submissions about this application are invited.

In view of the Department's Christmas shutdown, the closing date for notice of intention to make a submission is COB (ie. 5pm) on 4 January 2013. Submission are due by COB 11 January 2013. If no notice of intention is received by COB 4 January 2013, the Commission may proceed to make a decision.

Update - 14 January 2013

Submissions received:

Virgin Australia - [PDFPDF: 673 KB] [ReadSpeaker]

Update - 12 March 2013

On 8 March 2013, the Commission issued [2013] IASC 213 [PDFPDF: 146 KB] [ReadSpeaker] permitting Qantas to code share on Emirates' services on the Italy route.

Indonesia - 12 December 2012

The Commission has received an application [PDFPDF: 233 KB] [ReadSpeaker] from Virgin Australia for a variation of [2008] IASC 120 to permit Delta Airlines to code share on Virgin Australia services. Submissions about this application are invited.

The closing date for notice of intention to make a submission is COB (ie. 5pm) on 19 December 2012. In view of the Department's Christmas shutdown, submission are due by COB 8 January 2013. If no notice of intention is received by COB 19 December 2012, the Commission may proceed to make a decision.

Update - 23 January 2013

On 23 January 2013 the Delegate of the Commission issued Decision [2013] IASC 202 [PDFPDF: 1686 KB] [ReadSpeaker] permitting Delta Air Lines to code share on Virgin Australia International services as requested.

Thailand - 16 November 2012

The Commission has received an application [PDFPDF: 238 KB] [ReadSpeaker] from Virgin Australia for a variation of Determination [2009] IASC 133 to permit Etihad Airways to code share on Virgin Australia services on the Thailand route. Submissions about the application are invited.

The closing date for notice of intention to make a submission is COB (ie 5pm) on 23 November 2012, with the submission due by COB 30 November 2012. If no notice of intention is received by COB 23 November 2012, the Commission may proceed to make a decision.

Update - 23 January 2013

On 23 January 2013 the Delegate of the Commission issued Decision [2013] IASC 201 [PDFPDF: 1717 KB] [ReadSpeaker] permitting Etihad Airways to code share on Virgin Australia International services as requested.

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Last Updated: 16 June, 2016