Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_15
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 14291–15798

15  Civil penalty—failure to use allocated slot
 (1) A person contravenes this subsection if:
 (a) the person is the *operator of an aircraft; and
 (b) the operator has been allocated a slot under the *Slot Management Scheme to permit a *gate movement of the aircraft on a day; and
 (c) the aircraft does not engage in the gate movement on the day.
Civil penalty: 60 penalty units.

Exception—declared exemption
 (2) Subsection (1) does not apply if the failure to engage in the *gate movement is covered by a *declared exemption.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Exception—Slot Manager's agreement
 (3) Subsection (1) does not apply if the *Slot Manager has agreed in writing, at the time of allocating the slot, to the *operator not using the *gate movement for the aircraft.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Exception—operator returns or transfers slot
 (4) Subsection (1) does not apply if, before the day on which the *gate movement was permitted by the slot, the *operator:
 (a) returned the slot to the *Slot Manager under the *Slot Management Scheme; or
 (b) transferred the slot to another person who holds slots under the Slot Management Scheme.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).