Air Transport (Route Licensing—Passenger Services) Act 2002 (SA)

South Australia Air Transport (Route Licensing—Passenger Services) Act 2002 An Act to establish a licensing system for regular passenger air services on declared routes between airports in the State; and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Interpretation 4 Prescribed criteria Part 2—Declared routes 5 Declared routes Part 3—Route service licences 6 Requirement for licence 7 Applications for licences 8 Conditions 9 Special terms 10 Assignment of rights under licence 11 Special fees 12 Existing operators 13 Report to Parliament 14 Other matters Part 4—Reviews 15 Reviews Part 5—Miscellaneous 16 Authorised officers 17 Delegations 18 Exemptions 19 Annual reports 21 False or misleading information 22 Continuing offence 24 Evidentiary 25 Obligations under other laws 26 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Air Transport (Route Licensing—Passenger Services) Act 2002. 3—Interpretation (1) In this Act, unless the contrary intention appears— air service means a service provided by aircraft between airports in the State; CASA means the Civil Aviation Safety Authority; charter service means a passenger service where— (a) seats on the aircraft are not made available to members of the public generally; and (b) the service satisfies any other criteria prescribed by the regulations for the purposes of this definition, but does not include any service of a class excluded by the regulations from the ambit of this definition; declared route—see section 5(1); passenger service means an air service involving the carriage of passengers for a fare or other consideration; route service licence means a licence under Part 3; scheduled air service means— (a) a passenger service conducted between two airports in the State according to a fixed schedule; or (b) any other passenger service of a class prescribed by the regulations for the purposes of this definition, but does not include any service of a class excluded by the regulations from the ambit of this definition; Tribunal means the South Australian Civil and Administrative Tribunal established under the South Australian Civil and Administrative Tribunal Act 2013. (2) For the purposes of this Act, a route between any two places will be taken to be constituted by any route that an aircraft may take when flying between those two places. (3) For the purposes of this Act, a person who operates a scheduled air service between two airports to which a declared route relates will be taken to be operating the service on the declared route. 4—Prescribed criteria (1) In making a decision under this Act as to the number of route service licences that should be awarded for a particular route, and to whom a route service licence should be awarded, the Minister must take into account the following (insofar as the Minister thinks appropriate and without limiting any other matter that the Minister may consider relevant): (a) the extent to which a particular arrangement may result in a monopoly, or a market share that is close to a monopoly, in the provision of air services within the State; (b) the benefits in maintaining and developing sustainable air services, and competition between the operators of air services, within the State; (c) the steps that may need to be taken to promote or encourage the efficient operation of air services within the State, and innovation in the delivery of air services; (d) the public benefits that may accrue if air services are maintained or encouraged within the State. (2) For the purposes of subsection (1), a reference to the State includes a part of the State.