{"id":"F2018L01320","name":"International Air Services Commission Regulations 2018","slug":"international-air-services-commission-regulations-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":98011,"registerId":"commonwealth-F2018L01320-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the International Air Services Commission Regulations 2018.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the International Air Services Commission Act 1992.","sortOrder":2},{"sectionNumber":"5","sectionType":"section","heading":"Definitions","content":"#### 5 Definitions\n\n> Note: A number of expressions used in this instrument are defined in subsection 4(1) of the Act, including the following:\n\n (a) Australian carrier;\n (b) available capacity;\n (c) bilateral arrangement;\n (d) capacity;\n (e) Commission;\n (f) operational decision;\n (g) Secretary.\n In this instrument:\n\n> Act means the International Air Services Commission Act 1992.","sortOrder":3},{"sectionNumber":"6","sectionType":"section","heading":"Operational decisions in relation to capacity","content":"#### 6 Operational decisions in relation to capacity\n\n (1) For the purposes of paragraph 9(2)(c) of the Act, this section prescribes a circumstance in which the Secretary may make an operational decision (the relevant decision) in relation to capacity.\n (2) The circumstance is that:\n (a) the relevant decision relates to an existing operational decision about particular capacity allocated to an Australian carrier for the carriage of passengers or freight under a bilateral arrangement or a combination of bilateral arrangements; and\n (b) the relevant decision has the effect of making a temporary and minor change to the existing operational decision by permitting the Australian carrier to meet seasonal, temporary or unusual demand by:\n (i) using the allocated capacity in a different manner (to the extent that such use would not be inconsistent with a determination relating to the allocation of that capacity); or\n (ii) using available capacity; and\n (c) the bilateral arrangement (or combination) permits the use by the Australian carrier of the capacity.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Allocation of available capacity","content":"## Part 2—Allocation of available capacity","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Submissions about allocations of capacity","content":"#### 7 Submissions about allocations of capacity\n\n For the purposes of paragraph 12(1)(b) of the Act, the Commission is required to invite submissions about an allocation of capacity if:\n (a) more than one application is made relating to the allocation of that capacity; or\n (b) the Commission considers that, if the capacity were to be allocated to an Australian carrier:\n (i) a restriction could be imposed on the carrier under the Competition and Consumer Act 2010 preventing the carrier using that capacity; or\n (ii) the carrier may not be able to obtain an approval or licence (however described) that is necessary to use that capacity; or\n (iii) for any other reason, the carrier may not reasonably be capable of using that capacity.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Commission’s address for receiving applications","content":"#### 8 Commission’s address for receiving applications\n\n For the purposes of paragraphs 14(1)(b) and 21(2)(c) of the Act, the Commission’s address for receiving applications is:\n (a) for applications delivered by post—GPO Box 630, Canberra ACT 2601; and\n (b) for applications delivered by email—IASC@infrastructure.gov.au.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"When capacity not required to be fully used","content":"#### 9 When capacity not required to be fully used\n\n For the purposes of subparagraph 15(2)(c)(ii) of the Act, a determination is not required to include a condition that capacity allocated by the determination be fully used if available capacity is not restricted by the bilateral arrangement or combination of arrangements permitting the carriage to which the capacity relates.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Other matters","content":"## Part 3—Other matters","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Delegation of powers and functions","content":"#### 10 Delegation of powers and functions\n\n For the purposes of subsection 27AB(3) of the Act, a power or function mentioned in an item of the following table may be delegated only in the circumstances mentioned in the item.\n\n```html\n

Circumstances in which certain powers and functions may be delegated

Item

Power or function

Circumstances

1

To make a determination, under section 7 of the Act, allocating available capacity

No more than one application has been made for the allocation of that capacity, and either:

(a) no submissions are received opposing the allocation of capacity by that determination; or

(b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination

2

To make a fresh determination, under section 8 of the Act, allocating the capacity to which the original determination relates

Either:

(a) no submissions are received opposing the allocation of capacity by that determination; or

(b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination

3

If an Australian carrier applies, under section 21 of the Act, for a variation of a determination to allocate capacity:

(a) to conduct a review, under subsection 10(2) of the Act, of a determination that allocates capacity; and

(b) to vary the determination as requested in the application

Either:

(a) no submissions are received opposing the allocation of capacity by that determination; or

(b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination

\n```","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Witness allowances","content":"#### 11 Witness allowances\n\n (1) For the purposes of section 38 of the Act, an allowance mentioned in an item in the following table is payable to a person summoned to appear as a witness at a hearing before the Commission for the purpose, and in the amount, set out in relation to the item.\n\n```html\n

Allowances for appearing before the Commission as a witness

Item

Allowance

Purpose of allowance

Amount of allowance

1

Loss of earnings allowance

To compensate a witness for loss of earnings due to the appearance (including wages, salary and fees)

An amount the Commission considers reasonable to compensate that witness for the loss of earnings, including, for an expert witness, compensation for time reasonably spent preparing evidence

2

Transport allowance

To compensate a witness for the cost of travel between the witness’ usual place of residence and the place of the hearing

An amount the Commission considers reasonable to compensate that witness for the cost of travel, including an amount paid by reimbursement of expenses incurred by the witness

3

Accommodation and meal allowance

To compensate a witness for the cost of accommodation and meals, if the witness is reasonably required to be absent from the witness’ usual place of residence overnight for the purposes of the appearance

An amount the Commission considers reasonable to compensate that witness for the cost of accommodation and meals, including an amount paid by reimbursement of expenses incurred by the witness

\n```\n\n (2) Applications may be made to the Administrative Review Tribunal for review of decisions by the Commission under subsection (1) in relation to the payment of allowances.\n (3) The Commission must give a witness written notice of a decision under subsection (1) in relation to the payment of an allowance to the witness, including a statement to the effect that, subject to the Administrative Review Tribunal Act 2024, application may be made to the Administrative Review Tribunal for review of the decision.","sortOrder":11},{"sectionNumber":"Part 4","sectionType":"part","heading":"Application and transitional matters","content":"## Part 4—Application and transitional matters","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Repeal of the International Air Services Commission Regulations 1992","content":"#### 12 Repeal of the International Air Services Commission Regulations 1992\n\n Despite the repeal of the International Air Services Commission Regulations 1992 by this instrument:\n (a) an operational decision made in circumstances prescribed by those Regulations that was in force immediately before the day this section commences continues in force (subject to the Act) on and after the day this section commences; and\n (b) a delegation that was in force under section 27AB of the Act immediately before the day this section commences continues in force (subject to the Act) on and after the day this section commences.\n\n> Note 1: For paragraph (a), see regulation 2A of the International Air Services Commission Regulations 1992 (repealed) and section 6 of this instrument.\n\n> Note 2: For paragraph (b), see regulation 3A of the International Air Services Commission Regulations 1992 (repealed) and section 10 of this instrument.\n\n> Note 3: This instrument commenced on 1 October 2018.","sortOrder":13},{"sectionNumber":"13","sectionType":"section","heading":"Application of section 9 (when capacity not required to be fully used)","content":"#### 13 Application of section 9 (when capacity not required to be fully used)\n\n Section 9 applies in relation to a determination made before, on or after the day this instrument commences.\n\n> Note: This instrument commenced on 1 October 2018.","sortOrder":14},{"sectionNumber":"14","sectionType":"section","heading":"Application of section 11 (witness allowances)","content":"#### 14 Application of section 11 (witness allowances)\n\n Section 11 applies in relation to the attendance of a person as a witness before the Commission at a hearing on or after the day this instrument commences, whether the hearing started before, on or after that day.\n\n> Note: This instrument commenced on 1 October 2018.","sortOrder":15}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The instrument primarily recodifies and clarifies procedural and administrative rules rather than expanding substantive statutory powers. It prescribes when temporary operational decisions may be made (s6), when submissions must be invited (s7), sets procedural details (s8–s9), constrains delegation circumstances (s10) and fixes witness allowances (s11), while preserving prior operational decisions and delegations following repeal of the 1992 Regulations (s12)."},"complexity_factors":["Extensive cross‑referencing to the International Air Services Commission Act 1992 and reliance on defined terms in the Act (s5).","Discretionary standards and non‑numerical criteria (e.g. ‘reasonable’ allowances payable by the Commission) create interpretive room for decision‑makers (s11).","Conditional delegation table that limits when powers may be delegated, requiring factual assessment of likely submissions or opposition (s10).","Criteria for inviting submissions depend on predictive judgements about a carrier’s ability to use capacity or regulatory restrictions, increasing assessment complexity (s7).","Operational decision carve‑out for temporary/minor changes ties into bilateral arrangements and prior determinations, requiring factual matching to treaty permissions (s6, s9).","Transitional savings preserve prior decisions and delegations, adding continuity complexity when reconciling old and new instruments (s12–s14)."],"plain_english_summary":"**International Air Services Commission Regulations 2018** updates how the Commission and the Secretary handle allocation and short‑term operational use of international air‑service capacity, including when the Secretary may permit temporary changes to use allocated or available capacity to meet seasonal or unusual demand (s6), when the Commission must invite submissions (s7), and procedural points such as contact details and conditions on full‑use (s8–s9). It also sets witness allowances payable by the Commission (s11) and preserves existing operational decisions and delegations after repeal of the 1992 Regulations (s12)."},"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"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: operational details for allocating international air capacity and administering the Commission's processes. The 2018 version is a straightforward remake of the 1992 regulations with updated administrative details (email addresses, modernised witness allowances, updated tribunal references) but no expansion into new policy areas."},"complexity_factors":["Short instrument: only 14 sections across 4 Parts","Minimal defined terms: only 1 explicit definition ('Act'), with 7 terms incorporated by reference from the parent Act","Straightforward conditional logic: most provisions use simple 'if/then' structures without nested exceptions","Two detailed tables in sections 10 and 11, but these are descriptive rather than creating complex cross-references","Limited cross-referencing: references are primarily to specific subsections of the parent International Air Services Commission Act 1992, not to other regulations or complex legislative schemes","No exceptions to exceptions or deeply nested subsections","Clear transitional provisions in Part 4 that explicitly preserve existing rights and decisions"],"plain_english_summary":"This law sets practical rules for how the International Air Services Commission allocates international routes and capacity to Australian airlines. It lets the Secretary make limited fast adjustments, requires public consultation where competition or blockage risks exist, relaxes strict “use it or lose it” rules, and provides witness compensation and transitional arrangements.\n\nIt affects Australian carriers, the IASC and its staff, the Secretary, and hearing witnesses — shaping how scarce treaty-controlled route rights are awarded and contested."}},"importantCases":[],"_links":{"self":"/api/acts/international-air-services-commission-regulations-2018","history":"/api/acts/international-air-services-commission-regulations-2018/history","analysis":"/api/acts/international-air-services-commission-regulations-2018/analysis","conflicts":"/api/acts/international-air-services-commission-regulations-2018/conflicts","importantCases":"/api/acts/international-air-services-commission-regulations-2018/important-cases","documents":"/api/acts/international-air-services-commission-regulations-2018/documents"}}