Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_12
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 12
Character Range: 14114–15362

12  One or more applicants and sufficient available capacity
 (1) This section applies where:
 (a) the Commission has received one or more applications for determinations allocating available capacity on a route under section 7 of the Act; and
 (b) there is sufficient available capacity on the route for the Commission to make the determinations sought in all of the applications; and
 (c) section 11 of this instrument does not apply.
 (2)  If the Commission does not receive any submissions:
 (a) opposing the allocation of the capacity under any of the determinations sought in the applications; or
 (b) requesting or opposing the inclusion of a specified condition in any of the determinations;
then, in assessing the benefit to the public of an allocation of available capacity under the determinations, the Commission:
 (c) is to have regard to the reasonable capability criterion; and
 (d) need not have regard to any other matter.
 (3) In all other cases, in assessing the benefit to the public of an allocation of available capacity under a proposed determination, 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.