IASC 201
|Decision:|| IASC 201|
|Variation of:|| IASC 116 and  IASC 132|
|The Applicant:|| Virgin Australia International Airlines Pty Ltd
ABN 63 125 580 823
1 The application
1.1 Virgin Australia applied to the Commission on 21 December 2017 to reduce its capacity allocation under Determination  IASC 116, as varied, and its subsequent renewal under Determination  IASC 132 which allocate 1,980 seats of capacity per week on the Indonesia route. The request is to reduce the capacity allocation by 1,288 weekly seats, leaving 692 seats of capacity allocated under the Determination.
2 Commission’s consideration
2.1 Under section 21 of the International Air Services Commission Act 1992 (the Act), an Australian carrier, to whom a determination allocating capacity is issued, may at any time request the Commission to vary the determination.
2.2 Subsection 22(1A) of the Act does not require public notification of a request for variation that has the effect of reducing the capacity allocation. In light of this, Virgin Australia’s request for reduction of its capacity allocation on the Indonesia route was not subjected to public consultation or notification.
2.3 Subsection 24(3) of the Act provides, in part, that the Commission must vary the determination as requested if the only effect of the variation would be to reduce the capacity allocated to the carrier.
3 Decision varying Determinations  IASC 116 and  IASC 132 allocating capacity to Virgin Australia on the Indonesia route  IASC 201
3.1 In accordance with section 24 of the Act, the Commission reduces the capacity allocated in Determination  IASC 116 and  IASC 132 by 1,288 weekly seats, leaving 692 seats per week in each direction of capacity allocated under the said Determinations.
3.2 The decision is effective from the date this instrument is made.
Dated: 2 January 2018
IAN DOUGLAS - Chairperson
JAN HARRIS - Commissioner
KAREN GOSLING - Commissioner