31Variation, suspension and cancellation of approved timetables

#### 31 Variation, suspension and cancellation of approved timetables (1) The Secretary may vary, suspend or cancel an approved timetable, or vary, suspend or remove a condition in relation to an approved timetable, or impose a further condition in relation to an approved timetable, if: (a) the licence holder operates a service otherwise than in accordance with the approved timetable, or otherwise than in accordance with a condition subject to which the timetable is approved (other than in a circumstance mentioned in section 32); or (b) the licence holder fails to operate a service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved (other than in a circumstance mentioned in section 32); or (c) in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the airline concerned: (i) has impeded or limited an Australian licence holder in, or prevented an Australian airline from, providing a scheduled international air service; or (ii) has engaged in unfair, discriminatory or restrictive practices in relation to a scheduled international air service provided by an Australian airline; or (iii) has denied an Australian airline fair and equal opportunity in the provision of a scheduled international air service; or (d) in the opinion of the Secretary, the licence holder, or the government or an authority of a relevant foreign country for the airline concerned, has contravened the relevant agreement for the service concerned; or (e) there has been a substantial change in any of the matters to which the Secretary had regard under subsection 30(2) in approving the timetable; or (f) it is in the public interest to vary, suspend or cancel the timetable or to vary, suspend or remove the condition, or impose a further condition in relation to the approved timetable, as the case may be. > Note: For review of a decision by the Secretary under this subsection, see section 42. (2) A licence holder may apply to the Secretary, in writing, for: (a) a variation of an approved timetable in relation to a schedule international air service that the licence holder operates; or (b) the variation or removal of a condition imposed by the Secretary in relation to an approved timetable in relation to a schedule international air service that the licence holder operates. (3) If the Secretary receives an application under subsection (2), the Secretary may, having regard to the matters mentioned in subsection (1): (a) vary the approved timetable to which the application relates in accordance with the application; or (b) vary the approved timetable with alterations, or subject to conditions, determined by the Secretary; or (c) vary or remove a condition imposed by the Secretary in relation to the approved timetable; or (d) refuse to vary the timetable, or vary or remove the condition, as the case may be. > Note: For review of a decision by the Secretary under this subsection, see section 42. (4) If the Secretary makes a decision under subsection (1) or (3), the Secretary must, as soon as practicable, notify the licence holder concerned in writing of: (a) the reasons for the decision; and (b) if the decision is to vary an approved timetable, to vary a condition in relation to an approved timetable, or to impose a further condition in relation to an approved timetable: (i) the details of the variation; and (ii) the day of its effect; and (c) if the decision is to suspend an approved timetable or to suspend a condition in relation to an approved timetable—the duration of the suspension; and (d) if the decision is to cancel an approved timetable or to remove a condition in relation to an approved timetable—the day of its effect.