22Variation, suspension and cancellation of approved timetables

22 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 airline 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; or (b) the airline fails to operate a service in accordance with the approved timetable or in accordance with a condition subject to which the timetable is approved; or (c) in the opinion of the Secretary, the airline, or the government or an authority of a foreign country in relation to the airline: (i) has impeded or limited an Australian airline 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 airline, or the government or an authority of a foreign country in relation to the airline, has contravened the relevant agreement; or (e) there has been a substantial change in any of the matters to which the Secretary has had regard under subregulation 21 (2); 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. (2) A licensed international airline may apply to the Secretary for a variation of an approved timetable, or the variation or removal of a condition imposed by the Secretary in relation to an approved timetable, in relation to a scheduled international air service that it operates. (3) If the Secretary receives an application under subregulation (2), the Secretary may, having regard to the matters referred to in subregulation (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 requires. (4) If the Secretary varies, suspends or cancels an approved timetable or varies, suspends or cancels or removes a condition imposed by the Secretary in relation to an approved timetable, or imposes a further condition in relation to an approved timetable, he or she must, as soon as practicable, notify the airline concerned in writing of: (a) the reasons for his or her decision; and (b) in the case of a variation: (i) the details of the variation; and (ii) the date of its effect; and (c) in the case of a suspension — the duration of the suspension; and (d) in the case of a removal or cancellation — the date of its effect.