Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_24
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 24
Character Range: 25074–26909

24  Conditions relating to the full use of capacity
 (1) For the purpose of specifying a period during which capacity need not be fully used pursuant to subparagraph 15(2)(c)(i) of the Act, the Commission:
 (a) should specify as short a period as is reasonably possible, having regard to the full range of things necessary to be done by the Australian carrier in order to commence operating under the determination; and
 (b) should not specify a period of more than two years other than in exceptional circumstances.
 (2) Where the Commission has commenced a review process under sections 10 and 23 of the Act because an Australian carrier has not complied with a condition that capacity be fully used, the Commission may have regard to the criteria set out in subsection (3) for the following purposes:
 (a) deciding whether to confirm, vary, suspend or revoke the determination under subsection 23(1) of the Act;
 (b) assessing whether the allocation, as varied, is of benefit to the public under subsection 23(3) of the Act, in accordance with subsection 16(2) of this instrument.
 (3) The criteria which the Commission may have regard to for the purposes specified in subsection (2) are:
 (a) whether, at the time of the review, there exists an application from another Australian carrier for an allocation of capacity on the route, and the unused portion of the capacity allocated under the reviewed determination prevents the making of a determination in favour of the competing applicant; and
 (b) whether there is seasonal variation in demand on the route in question; and
 (c) whether the carrier was prevented from fully using the capacity by circumstances that could not reasonably have been foreseen; and
 (d) any other matter that the Commission considers to be relevant.

Part 6—Application and Transitional provisions