Air Transport (Route Licensing—Passenger Services) Act 2002

The conditions of a route service licence may—

fix the term of the licence and provide for its extension;

make provision with respect to performance and service levels (including as to the quality and type of aircraft to be used in the provision of scheduled air services on the declared route), and flight schedules (and provide a scheme for their review or variation from time to time);

make provision with respect to the fares to be charged by the holder of the licence for scheduled air services on the declared route (and provide a scheme for their review or variation from time to time);

make provision with respect to alternative or additional air services in specified circumstances;

fix amounts payable by the holder of the licence for or under the licence;

provide for the provision of infrastructure or for capital or other expenditure by the holder of the licence;

require the provision of reports and other information to the Minister;

provide for the suspension or cancellation of the licence by the Minister and the grounds for suspension or cancellation;

make any other provision the Minister considers appropriate.

It will be a condition of a route service licence that the holder of the licence—

must have appropriate CASA certification to operate the relevant air services on the declared route at the time of commencing operations on the route (and, if the person to whom the licence is granted does not have such CASA certification at the time that the licence is granted, that he or she obtain it within a period specified by the Minister (being a period expiring before operations are due to commence under the licence)); and

must maintain appropriate CASA certification during the term of the licence.

Before suspending or cancelling a licence pursuant to a condition under subsection (1)(h) (but without affecting the operation of subsection (4)), the Minister must give the holder of the licence a reasonable opportunity to make representations about the proposed action.

If the holder of a route service licence is in breach of the condition imposed by subsection (2), the licence is immediately suspended by force of this subsection during the period of the breach (and the Minister may then proceed to cancel the licence if the breach is not remedied within a reasonable time).

The Minister may, after consultation with the holder of the route service licence, if the Minister considers it appropriate to do so, by written notice to the holder of the route service licence, vary a condition to which a route service licence is subject.

The holder of a route service licence may, on application made to the Minister in writing, request the variation of a condition to which the licence is subject, and the Minister may, as the Minister thinks fit—

grant the variation; or

refuse to grant the variation.

The conditions of a route service licence may be varied by the addition, substitution or deletion of one or more conditions.

Nothing in subsections (5), (6) or (7) allows the variation of the condition imposed by subsection (2).

A person must not contravene or fail to comply with a condition of a route service licence. Maximum penalty: $35 000.