[2020] IASC 222

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1 The application

1.1 On 2 November 2020, as part of its capacity utilisation report, Virgin Australia applied to the Commission to revoke all its existing determinations on the Cook Islands, Hong Kong and Papua New Guinea routes.  Virgin Australia’s applications are in accordance with section 27AA of the International Air Services Commission Act 1992 (the Act). 

2  Commission's consideration

2.1    Under subsection 27AA(1) of the Act, an Australian carrier, to whom a determination allocating capacity is issued, may at any time request the Commission to revoke the determination. 

2.2    Upon receipt of an application to revoke a determination, the Commission must make a decision revoking the determination pursuant to subsection 27AA(3).

2.3    As context to this application to revoke the determination listed above, the Commission notes that on 11 March 2020, the World Health Organisation declared the outbreak of COVID-19 (coronavirus) a pandemic. In response the Australian Government introduced a range of health, financial and other measures to minimise the number of people becoming infected or sick with COVID-19.

2.4    On 24 March 2020, the Prime Minister announced that the Government was introducing a ‘do not travel’ ban on Australians travelling overseas under the Biosecurity Act 2015. With the imposition of travel restrictions in Australia and by many other countries to help prevent the spread of the coronavirus, the COVID-19 pandemic has significantly disrupted international aviation operations. Various airlines globally, including Virgin Australia, have had to restructure network and servicing arrangements as a result of the impacts of the coronavirus pandemic.

3 Decision [2020] IASC 222

3.1   In accordance with section 27AA of the Act, the Commission revokes  Determination [2018] IASC 114 with effect from the date this instrument is made.

Dated: 30 November 2020

Ian Douglas - Chairperson

Karen Gosling - Commissioner