Commonwealth Consolidated Acts

INTERNATIONAL AIR SERVICES COMMISSION ACT 1992 - SECT 54

             (1)  In this section:

"pre-existing capacity" means capacity that came into existence before the commencement of this Act.

             (2)  The Minister may, by legislative instrument, declare that this Act applies to the pre-existing capacity specified in the instrument as if, immediately after the commencement of this Act, the Commission had made a determination in the terms set out in the instrument.

             (3)  Subject to subsection (5), this Act (other than section 7 and Division 1 of Part 3) has effect in relation to that capacity as if the Commission had made a determination accordingly.

             (4)  The terms set out in the instrument as the terms and conditions of the determination:

                     (a)  subject to subsection (5), may include a statement to the effect that the determination is an interim determination; and

                     (b)  must specify as the period during which the determination is to be in force:

                              (i)  if the determination is an interim determination--the period of 3 years starting on 1 July 1992; or

                             (ii)  if the determination is not an interim determination--the period of 5 years starting on 1 July 1992.

             (5)  A statement may not be included under paragraph (4)(a) in relation to capacity in relation to which operational decisions were in force on 26 February 1992.