Document ID: chunk:federal_register_of_legislation:F2022C00005:reg:15
Version: federal_register_of_legislation:F2022C00005
Segment Type: reg
Provision Reference: reg 15
Character Range: 12600–14738

15  Dispensations relating to curfew periods in exceptional circumstances

Scope
 (1) This section applies to an aircraft that has a maximum take‑off weight of less than 45,000 kilograms.

Grant of dispensation
 (2) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument, if:
 (a) a dispensation granted by the Secretary under subsection (3) authorises the take‑off or landing despite that provision; and
 (b) the take‑off or landing is in accordance with any conditions of the dispensation.
 (3) The Secretary may, on application by an operator of the aircraft, grant a dispensation authorising the aircraft to take off from Essendon Fields Airport despite section 8, or land at Essendon Fields Airport despite section 8 or 10, if the Secretary is satisfied:
 (a) that there are exceptional circumstances that justify permitting the take‑off or landing; and
 (b) in relation to a landing despite section 10—that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period.
 (4) The Secretary may grant the dispensation subject to conditions.
Example: A condition about when the take‑off or landing must occur.
 (5) If the dispensation authorises the aircraft to take off or land despite section 8, the dispensation must relate only to one take‑off or one landing of the aircraft (but not both).

Record keeping
 (6) The application need not be in writing. However, as soon as practicable after the grant of the dispensation, the operator must give a written statement to the Secretary explaining the exceptional circumstances that gave rise to the application.
 (7) The dispensation need not be in writing. However, the Secretary must make and keep a record of the dispensation and the reasons for granting it.

Offence
 (8) An operator of an aircraft commits an offence if:
 (a) the operator is subject to a requirement under subsection (6); and
 (b) the operator fails to comply with the requirement.
Penalty: 10 penalty units.

Part 5—Giving information to the Secretary