Commonwealth Numbered Regulations - Explanatory Statements

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INTERNATIONAL AIR SERVICES COMMISSION REGULATIONS 1992 NO. 233

STATUTORY RULES 1992 No. 233

Issued by the authority of the Minister for Transport and Communications

International Air Services Commission Act 1992

International Air Services Commission Regulations

Section 6 of the International Air Services Commission Act 1992 (the Act) establishes the International Air Services Commission (the Commission).

Paragraph 55(1)(a) of the Act provides that the Governor-General may make regulations prescribing matters:

'required or permitted by this Act to be prescribed;'.

Section 14 of the Act which deals with the requirements of applications for determinations allocating available capacity provides in paragraph (1)(b) that an application:

'must be delivered at the address specified in the regulations as the Commission's address for receiving applications;'

Similarly, section 21 which deals with applications for variation of determinations provides in paragraph (2)(c) that the application:

'must be delivered at the address specified in the regulations as the Commission's address for receiving applications;'

Accordingly, regulations are necessary to specify the address of the Commission for receiving applications for new capacity, shelf capacity or variation of determinations. Without a specified address the Commission would not be able to receive such applications and consequently would be unable to perform its primary function of making determinations allocating available capacity to Australian carriers.

Section 38 of the Act provides that a witness before the Commission is entitled to be paid:

'such allowances for travelling and other expenses in relation to his or her attendance as are prescribed.'

Accordingly, regulations are necessary to prescribe the allowances and expenses payable to persons summoned to appear as witnesses before the Commission.

Section 43 of the Act deals with the remuneration and allowances of members. Subsection 43(1) provides that members are to be paid such remuneration as the Remuneration Tribunal determines.

Subsection 43(2) provides that:

'The members are to be paid such allowances as are prescribed.'

Accordingly, the remuneration of members of the Commission will be determined by the Remuneration Tribunal. The only allowances payable to members that the Remuneration Tribunal determination will not cover are meal allowances and mileage allowances for motor vehicle use. Such allowances have to be prescribed in regulations.

The International Air Services Commission Regulations (the Regulations) prescribe:

1. the specified address of the Commission for receiving applications for new capacity, shelf capacity or variation of determinations.

2. the allowances to be paid to witnesses summoned to give evidence before the Commission.

3. the meal allowances and motor vehicle allowances payable to members of the Commission.

Details of the Regulations are as follows:

1. Regulation 1 provides that the Regulations may be cited as the International Air Services Commission Regulations.

2. Regulation 2 provides that in the Regulations "the Act" means the International Air Services Commission Act 1992, unless the contrary intention appears.

3. Regulation 3 specifies the Commission's postal and physical address for the purposes of sections 14 and 21 of the Act.

4. Regulation 4 provides that the allowances for travelling and other expenses, payable to witnesses in accordance with section 38 of the Act. are the allowances set out in Schedule 1 of the Regulations.

5. Regulation 5 provides that the meal allowances and motor vehicle allowances, payable to members of the Commission in accordance with subsection 43(2) of the Act, are the allowances set out in Schedule 2 of the Regulations. Members of the Commission will be paid meal allowances on the same basis as Senior Executive Service officers of the Australian Public Service. A member of the Commission will only be paid the motor vehicle allowance set out in Schedule 2 if the member uses a private motor vehicle for official purposes of the Commission.

The Regulations commence on gazettal.