Legislative Framework and Procedures
Overview | IASC Act | IASC Regulations | Minister's Policy Statement | Commission Procedures
Overview
The Commission was established and operates pursuant to the International Air Services Commission Act 1992, the International Air Services Commission Regulations 2018, and the Policy Statement issued by the Minister about the way in which the Commission is to perform its functions.
The Commission has delegated certain powers and functions to its Director or Senior Adviser (officers of the Department). In essence, the new arrangements enable the delegate to make a range of determinations and decisions previously made by the Commission. Generally, these relate to cases that are straightforward. More complex matters will continue to be dealt with by the Commission. There is a range of scenarios under which a matter would be dealt with by the Commission or by the delegate. The Commission has developed a flow chart showing how decisions are reached about whether a case will be handled by the Commission or by its delegate.
The IASC Act
The Commission was established under the International Air Services Commission Act 1992. The object of the Act is to enhance the welfare of Australians by promoting economic efficiency through competition in the provision of international air services, resulting in:
- increased responsiveness by airlines to the needs of consumers, including an increased range of choices and benefits; and
- growth in Australian tourism and trade; and
- the maintenance of Australian carriers capable of competing effectively with airlines of foreign countries
The IASC Regulations
The International Air Services Commission Regulations 2018 (the Regulations) provide a supporting administrative framework for the Commission, as well as certain procedures for the Commission to follow in particular circumstances regarding the allocation of available capacity. The Regulations also outline circumstances when the Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts may make certain operational decisions under the Air Navigation Act 1920.
Click on the hyperlink above to download a copy of the Regulations. The Explanatory Statement is also available for downloading.
The Minister's Policy Statement
In allocating capacity, the Commission assesses the merits of claims by applicants under specified public benefit criteria. These criteria are detailed in Policy Statements issued, from time to time, by the Minister.
The Minister’s Policy Statement of 20 March 2018 came into effect on 28 March 2018, the date of gazettal.
The Explanatory Memorandum is also available for downloading.
The Commission's Procedures
The Commission has published procedures for making determinations allocating available capacity and for reviewing existing determinations. The procedures are designed to be consistent with the requirements of the legislation and with the principles of natural justice. They are intended to give applicants and other interested parties procedural fairness, ensure that the Commission's processes are as open as possible, and provide guidance to anyone wishing to apply for, or make submissions about, an allocation of air route capacity.
- Applications for capacity
- Procedures for making a submission to the Commission
- Procedures for review of a determination
- Procedures for renewal of a determination
- Procedures for applications to consolidate determinations
Guidelines for considering Subject To Finance Applications
The Commission has issued guidelines for considering applications from prospective new airlines on a subject to finance basis.