air transport (route licensing – passenger services)

Reviews of decisions made under the Air Transport (Route Licensing – Passenger Services) Act 2002

 

From 2 December 2019, SACAT will have review jurisdiction under the Air Transport (Route Licensing – Passenger Services) Act 2002. This will enable reviews of certain decisions made by the Minister in relation to route service licencing.

 

Types of Decisions that can be reviewed by SACAT

SACAT can review the following decisions made by the Minister:

  • a decision with respect to the variation, or proposed variation, of a condition of the licence under section 8(5) of the Act
  • a decision on an application for a variation of a condition of the licence under section 8(6) of the Act
  • a decision of the Minister refusing consent to a dealing with the licence under section 10(1) of the Act
  • a decision of the Minister refusing consent to the surrender of the licence under section 14(1) of the Act; or
  • a decision of the Minister to suspend or cancel the licence (other than a decision to cancel the licence in conjunction with the expiration of the period of 20 the relevant declaration under Part 2 of the Act);
  • a decision fixing the conditions of a service route licence offered to the existing operator, the holder of the licence or the existing operator (as the case may be.)

 

Applications of this kind will be handled by SACAT’s Administrative & Disciplinary Stream.

Time Limits

An application for a review must be made:

 

(a) in the case of a review made by an existing operator or the holder of the licence, within 14 days after the applicant receives notice of the decision; or

(b) in any other case—within 21 days after the applicant receives notice of the relevant decision.

 

The Tribunal may allow an extension of time to lodge a review if it thinks it is appropriate in the circumstances.

 

Before applying to SACAT for a review of a decision by the Minister you must:

  1. Have a copy of the decision which you want to review – you should include this with your application.
  2. Ensure you are ready to pay the required fee for making an application.

How to apply:

Click here to start an online application.  In the field entitled ‘Type keyword here’ contained within Step 2 type the word ‘air’ as shown below and then scroll down to select the correct application type.

If you are not sure if you have selected the correct application type you can hover over the ‘question mark’ on the right-hand side to see a brief description of the application you have selected.

If you have any further questions or you would like a staff member from SACAT to assist you to complete the application over the telephone please call SACAT on 1800 723 767 (and press menu option 4, and then 6).

Attach a copy of the decision you are seeking to review:

You must upload a copy of the decision you are seeking to review when completing your on-line application, or you can email the decision to SACAT at sacat@sacat.sa.gov.au, or post the decision to SACAT at GPO Box 2361 Adelaide SA 5001. Please quote your tracking code or file number when sending any correspondence to SACAT.

Fees:

There is a filing fee applicable for this type of application. Payment can be made on-line by credit card at the time of completing the on-line form, or by using one of the other options outlined in the payment section of the on-line form.

Click here to see a list of current fees and information about payment methods and fee waiver options. 

Organisations that may be able to assist you:

  • Legal Services Commission - www.lsc.sa.gov.au – The Legal Services Commission offer a free telephone legal advice line and other methods of advice for members of the public.

Relevant legislation: