[2018] IASC 219

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Decision:	[2018] IASC 219
Variation of:	[2015] IASC 110
The Route:	Indonesia
The Applicant:	Virgin Australia International Airlines Pty Ltd  (Virgin Australia)  ABN 63 125 580 823
Public Register:	IASC/APP/201835

The Commission varies Determination [2015] IASC 110, as amended, to reduce the capacity on the Indonesia route by 160 seats per week in each direction, retaining 120 seats of capacity allocated under the determination. The decision is valid from the date of issue of this decision.

1 The application

1.1 Virgin Australia applied to the Commission on 4 July 2018 to reduce its capacity allocation under Determination [2015] IASC 110, as amended by Decision [2017] IASC 205. The amended Determination allocates a total of 280 seats of capacity per week on the Indonesia route.

1.2 Virgin Australia has requested to reduce the capacity allocation by a further 160 weekly seats, leaving 120 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 Determination [2015] IASC 110 allocating capacity to Virgin Australia on the Indonesia route [2018] IASC 219

3.1 In accordance with section 24 of the Act, the Commission reduces the capacity allocated in Determination [2015] IASC 110 by 160 weekly seats, retaining 120 seats per week in each direction of capacity allocated under the determination.

3.2 The decision is effective from the date this instrument is made.

 

Dated: 27 July 2018

 

IAN DOUGLAS - Chairperson

JAN HARRIS - Commissioner

KAREN GOSLING - Commissioner