Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_19
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 19
Character Range: 18582–20170

19  Civil penalty—applying for slots with no reasonable prospects of use
 (1) A person (the airline) contravenes this subsection if:
 (a) the airline customarily operates aircraft providing air services; and
 (b) the airline applies for the allocation of one or more slots under the *Slot Management Scheme; and
 (c) at the time of the application, the airline has no reasonably practicable plans to conduct one or more of the *gate movements permitted by the slots.
Civil penalty: 60 penalty units.

Exception—airline notifies intention to Slot Manager
 (2) Subsection (1) does not apply if the airline notifies the *Slot Manager, at the time of making the application, that the airline does not at that time plan to conduct one or more specified *gate movements permitted by the slots.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Evidentiary matters
 (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline had no reasonably practicable plans to conduct a particular *gate movement permitted by a particular slot.
 (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline's conduct generally in relation to the following:
 (a) *gate movements;
 (b) applications for slots;
 (c) use of slots;
 (d) variations of slots;
 (e) surrender of slots.
 (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1).