Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_16
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 16
Character Range: 18296–19964

16  Variations on review for cause
 (1) This section applies where:
 (a) the Commission has conducted a review for cause in relation to a determination pursuant to section 10 of the Act; and
 (b) the Commission is considering making a decision to vary the determination under paragraph 23(1)(b) of the Act in a way that varies, or has the effect of varying, an allocation of capacity.
 (2) If the grounds on which the review was initiated relate to a condition imposed under paragraph 15(2)(c) of the Act, in assessing whether the allocation, as so varied, would be of benefit to the public for the purpose of subsection 23(3) of the Act, the Commission:
 (a) may have regard to the criteria set out in paragraphs 24(3)(a) to (d) of this instrument; and
 (b) need not have regard to any other matter.
Note: Paragraph 15(2)(c) of the Act allows for the imposition of a condition that capacity be fully used.
 (3) If the review was initiated on any other grounds, and the Commission does not receive submissions opposing the variation being considered by the Commission, then in assessing whether the allocation, as so varied, would be of benefit to the public for the purpose of subsection 23(3) of the Act, the Commission:
 (a) is to have regard to the reasonable capability criterion; and
 (b) need not have regard to any other matter.
 (4) In all other cases, in assessing whether the allocation, as so varied, would be of benefit to the public for the purpose of subsection 23(3) of the Act, the Commission:
 (a) is to have regard to the reasonable capability criterion; and
 (b) may have regard to any of the additional criteria that it considers to be relevant.