Document ID: chunk:federal_register_of_legislation:F2012L01844:body:0:p3
Version: federal_register_of_legislation:F2012L01844
Segment Type: other
Provision Reference: 
Character Range: 5442–8234

6 Infringement notices for off-slot movements

         (1) In subsection (2):

set of slots means:

            (a) a slot group; or

            (b) a slot series; or

            (c) the single slots allocated to an operator in a scheduling season.

         (2) For paragraph 49 (2) (a) of the Act, and subject to this section, it is appropriate to issue an infringement notice to a person for a contravention of section 13 of the Act by a gate movement that was conducted as part of a particular set of slots if:

            (a) the movement resulted in more than 20% of the gate movements conducted in relation to that set of slots being off-slot movements; or

            (b) the movement occurred after the movement mentioned in paragraph (a).

         (3) For paragraph 49 (2) (a) of the Act, it is not appropriate to issue an infringement notice to a person for a contravention of section 13 of the Act in any other circumstances.

         (4) It is not appropriate to issue such an infringement notice if the Slot Manager has instituted proceedings under section 15 of the Act for a contravention of section 13 of the Act in relation to that off-slot movement.

         (5) It is not appropriate to issue such an infringement notice before the end of the scheduling season in which the contravention occurred.

Note    The effect of this subsection is that the Compliance Committee should wait until the end of a scheduling season before issuing any infringement notices, by which time it will be possible to make the calculations necessary for subsection (2), and to assess the applicable fines under section 8.

         (6) It is not appropriate to issue such an infringement notice if it is more than 12 months after the date of the relevant gate movement.

     7 Withdrawal of infringement notices

         (1) For paragraph 49 (2) (b) of the Act, it is appropriate to withdraw an infringement notice in any of the following circumstances:

            (a) the Slot Manager has instituted proceedings under section 15 of the Act in relation to the gate movement to which the infringement notice relates;

            (b) the infringement notice was issued more than 12 months after the relevant gate movement;

            (c) the Compliance Committee ceases to believe that the person to whom the infringement notice was issued committed the civil contravention.
Example   In the case of an infringement notice for a contravention of section 13 of the Act, if the Compliance Committee ceases to believe that the circumstances that caused the gate movement to take place at the time it did were within the operator's control, it would be appropriate to withdraw the infringement notice because of paragraph (c).

         (2) For paragraph 49 (2) (b) of the Act, it is