Document ID: chunk:federal_register_of_legislation:F2024C00973:reg:6
Version: federal_register_of_legislation:F2024C00973
Segment Type: reg
Provision Reference: reg 6
Character Range: 3241–4345

6  Operational decisions in relation to capacity
 (1) For the purposes of paragraph 9(2)(c) of the Act, this section prescribes a circumstance in which the Secretary may make an operational decision (the relevant decision) in relation to capacity.
 (2) The circumstance is that:
 (a) the relevant decision relates to an existing operational decision about particular capacity allocated to an Australian carrier for the carriage of passengers or freight under a bilateral arrangement or a combination of bilateral arrangements; and
 (b) the relevant decision has the effect of making a temporary and minor change to the existing operational decision by permitting the Australian carrier to meet seasonal, temporary or unusual demand by:
 (i) using the allocated capacity in a different manner (to the extent that such use would not be inconsistent with a determination relating to the allocation of that capacity); or
 (ii) using available capacity; and
 (c) the bilateral arrangement (or combination) permits the use by the Australian carrier of the capacity.

Part 2—Allocation of available capacity