Invitation for submissions
Section 12(1)(b) of the IASC Act requires the Commission to invite submissions about the proposed allocation of capacity, if the International Air Services Regulations 2018 (the Regulations) so require. The Commission did not receive any other applications for capacity. However, regulation 7(b) of the Regulations requires the Commission to invite submissions if it considers that, if the capacity were to be allocated to an Australian carrier:
- a restriction could be imposed on the carrier under the Competition and Consumer Act 2010 preventing the carrier using that capacity; or
- the carrier may not be able to obtain an approval or licence (however described) that is necessary to use that capacity; or
- for any other reason, the carrier may not reasonably be capable of using that capacity.
The Commission notes that as part of its application for capacity, Virgin Australia is seeking approval to utilise the proposed capacity allocation to offer code share services with Qatar Airways on the Australia-Qatar route. The Commission further notes that the Australian Competition and Consumer Commission (the ACCC) is considering an application made by Virgin Australia and Qatar Airways seeking authorisation to engage in conduct that requires approval under the
Competition and Consumer Act 2010. The Commission notes that in its application to the ACCC, Virgin Australia has indicated that without the proposed conduct being approved by the ACCC, the carrier would not be able to viably commence the services between Australia and Doha.
Therefore, as required by section 12(1)(b) of the Act, and in accordance with regulation 7(b) of the Regulations, the Commission invites submissions about Virgin Australia’s application for capacity.
In light of the upcoming holiday period, the closing date for making a submission is
16 January 2025. If you are intending to make a submission, please inform the Director of the Commission, by email (at
[email protected]) as soon as possible.