Air Transport Act, 1986
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Amendment of Act of 1965. |
10.—The Act of 1965 is hereby amended by— | |
(a) the insertion of the following definitions before the definition of “the Minister” in subsection (1) of section 1: | ||
“‘fares’ includes fares net of discount; | ||
‘rates’ includes rates net of discount;”; | ||
(b) the substitution of the following subparagraphs for subparagraphs (i) and (ii) of section 6 (1) (b): | ||
“(i) if an order under section 9 (as amended by section 10 of the Air Transport Act, 1986) of this Act fixing the fares, rates or other charges, terms or conditions to be charged, made, applied or imposed as regards the carriage of passengers, cargo and mail on the service is in force, the fares, rates or other charges, terms or conditions so fixed are charged, made, applied or imposed, as may be appropriate, as regards the service, or | ||
(ii) if the fares, rates or other charges, terms or conditions to be so charged, made, applied or imposed are fares, rates or other charges, terms or conditions to which the Air Transport Act, 1986, applies— | ||
(I) the fares, rates or other charges, terms or conditions are contained in an airline tariff previously submitted to the Minister for his approval pursuant to section 3 of that Act, and | ||
(II) none of the fares, rates or other charges, terms or conditions is one as regards which on such submission the Minister has refused his approval, or, in case the Minister has given such approval subject to a modification, regard is had to the modification.”; | ||
(c) the substitution of “, rates or other charges, terms or conditions to be charged, made, applied or imposed in respect of or in relation to the carriage” for “or rates to be charged for the carriage” in subsection (1) of section 9; | ||
(d) the substitution of “, rates or other charges, terms or conditions” for “or rates” in subsection (2) of section 9; | ||
(e) the substitution of “, rates or other charges, terms or conditions charged, made, applied or imposed in respect of or in relation to the carriage of passengers, cargo and mail on those services, or proposed so to be charged, made, applied or imposed,” for “or rates charged or proposed to be charged in respect of the carriage of passengers, cargo and mail on those services” in subparagraph (vi) of section 11 (a); | ||
(f) the insertion before “shall be liable” in subsection (2) of section 12 of the Act of 1965 of “, except for a contravention of or failure to comply with an order made under section 9 of this Act,”; and | ||
(g) the substitution in subsection (2) of section 12 of “£1,000” and “£100,000” for “one hundred pounds” and “one thousand pounds”, respectively; | ||
and the said subsection (1), the said subsection (2) of the said section 9, the said subparagraph (vi) of the said section 11 (a), and the said subsection (2) of the said section 12, as so amended, are set out in paragraphs 1, 2, 3 and 4, respectively, of the Table to this section. | ||
TABLE | ||
1. (1) The Minister may, by order, fix the fares, rates or other charges, terms or conditions to be charged, made, applied or imposed in respect of or in relation to the carriage of passengers, cargo or mail on air services to, from or within the territory of the State. | ||
2. (2) An order under this section may fix different fares, rates or other charges, terms or conditions in respect of different air services or different categories of passengers, cargo or mail and may apply in relation to all air services to, from or within the territory of the State or in relation only to a specified air service or specified air services to, from or within such territory. | ||
3. (vi) to furnish to the Minister such information in relation to fares, rates or other charges, terms or conditions charged, made, applied or imposed in respect of or in relation to the carriage of passengers, cargo and mail on those services, or proposed so to be charged, made, applied or imposed, as the Minister may specify, and | ||
4. (2) A person who contravenes or fails to comply with or who is deemed by this section to have contravened or failed to comply with a provision of this Act or an order, regulation or direction under this Act shall be guilty of an offence and, except for a contravention of or failure to comply with an order made under section 9 of this Act, shall be liable— | ||
(a) on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £1,000 or, at the discretion of the Court, to both the imprisonment and the fine, or | ||
(b) on conviction on indictment to imprisonment for a term not exceeding six months or to a fine not exceeding £100,000 or, at the discretion of the Court, to both the imprisonment and the fine. |