Document ID: chunk:federal_register_of_legislation:F2024C00980:reg:26
Version: federal_register_of_legislation:F2024C00980
Segment Type: reg
Provision Reference: reg 26
Character Range: 29936–32074

26  Wake vortices—dealing with claims for compensation for damage
 (1) Subject to section 25, as soon as practicable after receiving a claim made in accordance with section 24, AA must consider the claim.
 (2) AA may deal with a claim by deciding:
 (a) to investigate the claim; or
 (b) not to investigate the claim if AA has reasonable grounds for believing that:
 (i) the claim is frivolous or vexatious or is not made in good faith; or
 (ii) the investigation, or any further investigation, of the claim is not justified having regard to all the circumstances.
 (3) On completing an investigation, AA may decide to:
 (a) pay the full amount of compensation claimed; or
 (b) refuse to pay any amount of compensation claimed; or
 (c) refuse to pay the full amount of compensation claimed and pay a part of the compensation claimed.
Note: Decisions about claims are reviewable under section 39.
 (4) AA must give notice to the claimant of a decision under subsection (2) or (3).
 (5) The notice must include:
 (a) a statement of reasons for the decision; and
 (b) a statement to the effect that a person whose interests are affected by the decision may:
 (i) apply to AA for review of the decision in accordance with section 39; and
 (ii) subject to the Administrative Review Tribunal Act 2024, apply to the Administrative Review Tribunal for a review of a decision made by AA under subsection 39(3).
 (6) In making a decision under subsection (3), AA must have regard to the following:
 (a) any evidence provided by the claimant;
 (b) the nature of the damage that may generally be expected to be caused by wake vortices;
 (c) the areas that are likely to be affected by wake vortices;
 (d) whether, at the relevant time and having regard to the weather in the area at that time, the nature of aircraft operations in the area where the damage occurred was likely to generate wake vortices of sufficient force to cause the damage;
 (e) the likely cost of repairing the damage, including the cost of restoring the property to the condition it was in immediately before it was damaged;
 (f) any other matter that AA considers appropriate.