{"id":"F2023L01470","name":"Competition and Consumer (Price Monitoring—Domestic Air Passenger Transport) Direction 2023","slug":"competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442162,"registerId":"F2023L01470-fast-fetch-1775957242657","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Competition and Consumer (Price Monitoring—Domestic Air Passenger Transport) Direction 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth coat of arms of Australia](image.001.jpeg)\n\n \n\nCompetition and Consumer (Price Monitoring—Domestic Air Passenger Transport) Direction 2023\n\nI, Jim Chalmers, Treasurer, give the following direction to the Australian Competition and Consumer Commission.\n\nDated   6 November 2023\n\n \n\nDr Jim Chalmers\n\nTreasurer\n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name \n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—Price monitoring of domestic air passenger transport services and related goods and services\n\n5  Object \n\n6  Commission to monitor prices\n\n7  Direction to give special consideration to specified matters\n\nPart 3—Repeals\n\n8  Repeal...................................................\n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Competition and Consumer (Price Monitoring—Domestic Air Passenger Transport) Direction 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Parts 1 and 2 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered.\n- 2. Part 3 1 January 2027 1 January 2027\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Competition and Consumer Act 2010.\n\n4  Definitions\n\nNote:  Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.\n\n  In this instrument:\n\nair passenger transport service industry means the industry comprised of those parts of the air and space transport class 4900 that relate to the supply of air passenger transport services, as classified in ANZSIC.\n\nANZSIC means the Australian and New Zealand Standard Industrial Classification 2006 (1292.0) published by the Australian Statistician, as revised and in force on the day this instrument commences.\n\nNote: In 2023, the text of the Australian and New Zealand Standard Industrial Classification 2006 was accessible through the Australian Bureau of Statistics website (http://www.abs.gov.au).\n\ndomestic air passenger transport service means an air passenger transport service to the extent that it is provided for the purposes of air passenger transport between places within Australia.\n\nexempt supply has the same meaning as in Part VIIA of the Act.\n\ngoods has the same meaning as in Part VIIA of the Act.\n\nperson has the same meaning as in Part VIIA of the Act.\n\nprice has the same meaning as in Part VIIA of the Act.\n\nquarter means a period of 3 months ending on 31 March, 30 June, 30 September or 31 December.\n\nservices has the same meaning as in Part VIIA of the Act.\n\nState or Territory authority has the same meaning as in Part VIIA of the Act.\n\nsupply has the same meaning as in Part VIIA of the Act.\n\nthe Act means the Competition and Consumer Act 2010.\n\nPart 2—Price monitoring of domestic air passenger transport services and related goods and services\n\n5  Object\n\n  The object of this instrument is to monitor prices, costs and profits relating to the supply of domestic air passenger transport services, and of related goods and services.\n\n6  Commission to monitor prices\n\n (1) Under subsection 95ZE(1) of the Act, the Commission is directed:\n\n (a) to monitor prices, costs and profits relating to the supply of goods and services by persons in the air passenger transport service industry; and\n\n (b) to give the Treasurer a report on the monitoring at least once every quarter, for a period of 3 years, starting from the quarter ending on 31 March 2024.\n\n (2) Subsection (1) does not apply in relation to:\n\n (a) an exempt supply; or\n\n (b) the supply of a good or service by a State or Territory authority.\n\n7  Direction to give special consideration to specified matters\n\n  Under subsection 95ZH(1) of the Act, the Commission is directed to give special consideration to:\n\n (a) the object of this instrument; and\n\n (b) monitoring the prices, costs and profits relating to the supply of:\n\n (i) domestic air passenger transport services; and\n\n (ii) goods and services that are related to the supply of domestic air passenger transport services;\n\nin exercising its powers and performing its functions under Part VIIA of the Act in relation to the direction in section 6.\n\nPart 3—Repeals\n\n8  Repeal\n\n  This instrument is repealed on 1 January 2027.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"This instrument directs the ACCC to undertake targeted, regular monitoring of prices, costs and profits in the domestic air passenger transport sector and related goods/services for a defined three‑year period (s5; s6). The direction narrows scope by excluding exempt supplies and State/Territory authority supplies (s6(2)), and is time-limited with repeal set for 1 January 2027 (s8)."},"complexity_factors":["Targeted, time-limited mandate focusing on a single industry (s5; s6(1)(a)–(b); s6(1)(b) specifies a 3‑year reporting period).","Mandatory quarterly reporting cadence to the Treasurer (s6(1)(b)) increases administrative workload and data-frequency needs.","Exclusions for exempt supplies and State/Territory authority supplies create definitional edge cases requiring legal interpretation (s6(2)(a)–(b); s4 references Part VIIA definitions).","Cross-references to Part VIIA of the Competition and Consumer Act 2010 and to ANZSIC mean the instrument’s scope depends on external legal and classification texts (s3; s4).","Direction to ‘give special consideration’ in exercising Part VIIA powers leaves operational discretion to the ACCC about methods and depth of monitoring (s7 referencing subsection 95ZH(1) of the Act).","Commencement and repeal timings create a phased implementation window and sunset (s2; s8), requiring coordination of data collection across quarters."],"plain_english_summary":"This direction requires the ACCC to monitor prices, costs and profits for domestic air passenger transport and related goods and services, and to report quarterly to the Treasurer for three years beginning with the quarter ending 31 March 2024. It excludes exempt supplies and supplies by State or Territory authorities and is repealed on 1 January 2027."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This instrument maintains a narrow, focused scope consistent with its purpose. It targets specifically domestic air passenger transport services and related goods/services, with explicit exemptions. The three-year sunset clause (repeal in 2027) ensures the scope remains temporary and bounded. There is no evidence of scope creep beyond the original intent of price monitoring in the aviation sector."},"complexity_factors":["Very short instrument (only 8 sections across 3 Parts)","Minimal defined terms (12 definitions, mostly referencing existing definitions in the parent Act rather than creating new ones)","Simple structure: preliminary provisions, single operational direction with one exception, and a sunset clause","No nested exceptions or complex conditional logic — only straightforward exemptions for exempt supplies and State/Territory authorities","No cross-references beyond references to the parent Act (Competition and Consumer Act 2010) and standard legislative machinery provisions","Single clear objective with straightforward reporting obligations"],"plain_english_summary":"This instrument directs the ACCC to monitor prices, costs and profits in Australia’s domestic air passenger industry for three years, with quarterly reports to the Treasurer beginning with the quarter ending 31 March 2024 and automatic expiry on 1 January 2027. \n\nIt covers ticketing and related goods/services (baggage, seat selection, onboard food, passenger-linked freight), affects domestic airlines and passengers indirectly, and excludes certain government-owned carriers and other exempt supplies."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023","history":"/api/acts/competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023/history","analysis":"/api/acts/competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023/analysis","conflicts":"/api/acts/competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023/conflicts","importantCases":"/api/acts/competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023/important-cases","documents":"/api/acts/competition-and-consumer-price-monitoring-domestic-air-passenger-transport-direction-2023/documents"}}