Appendix 5 Commission procedures
The Commission has published procedures for making determinations allocating available capacity. The procedures are designed to be consistent with the requirements of the International Air Services Commission Act 1992 (the Act), its implementing regulations, administrative law principles and the Minister's policy statement which complements the Act. The Commission's procedures are intended to ensure procedural fairness for both the applicants and other interested parties; ensure the Commission's processes are open and transparent; and provide guidance to anyone wishing to apply for, or make submissions about, matters being considered by the Commission. The Secretariat provides further individual guidance to applicants for capacity and other stakeholders when requested.
The Commission's procedures incorporate the following main steps:
- A Register of Public Documents is created for each route and is made available for viewing. The Commission requires a public version of all applications for, and submissions about, an allocation of capacity to be made available. A small amount of information received by the Commission is of a commercial-in-confidence or confidential nature and is held on the Commission's confidential register. All public documents are published on the Commission's website and distributed electronically to all stakeholders in its mailing list. Any member of the public may request to be included in the Commission's mailing list.
- The Commission will publish a notice inviting other applications for capacity in response to an initial application for capacity, and submissions about applications where required by the Act and Minister's policy statement.
- The Commission will assess the application in accordance with the relevant criteria set out in the Minister' Policy Statement. More complex public benefit criteria may be applied in cases where there are two carriers seeking the same limited amount of capacity, compared with an uncontested application from a well-established carrier.
- Where relevant, invite the applicant(s) to submit further information addressing public benefit criteria.
- The Minister's policy statement requires the Commission to ensure that the applicant is reasonably capable of obtaining the approvals necessary to operate and of using the capacity if so granted.
- A hearing may be conducted by the Commission if further information is needed to establish the nature and extent of a proposal's public benefit and, in the case of two or more competing applications, decide which application would be of the greatest benefit to the public.
- The Commission will publish a draft determination in the case of competing applications or if it is proposed to reject all or part of an application, or where non-standard conditions are being proposed. This provides applicants and other interested parties with an opportunity to comment on the Commission's proposal prior to the issuing of a final determination. In other cases the Commission will proceed directly to a final determination.
The Commission regularly updates its procedures. They are available from the Commission's website at iasc.gov.au, or upon request to the Commission.