[2025] IASC 201

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1    The application

1.1    On 30 January 2025, Qantas Airways Limited (Qantas) applied to the International Air Services Commission (the Commission) requesting to reduce the capacity allocated under Determination [2019] IASC 129 (the Determination) by 9 frequencies, leaving 14 frequencies per week 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 that the Commission varies 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, Qantas’ request for reduction of its capacity allocation on the Hong Kong 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 Determination [2019] IASC 129

3.1    In accordance with section 24 of the Act, the Commission varies Determination [2019] IASC 129, reducing the capacity allocated by 9 frequencies per week, leaving 14 frequencies per week allocated under the Determination.
 

Dated:       5 February 2025

Genevieve Butler - Chairperson

Jane McKeon - Commissioner