Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_18
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 21067–22442

18  Transfer applications
 (1) This section applies where:
 (a) the Commission has conducted a review to decide a transfer application; and
 (b) the Commission is considering making a decision to vary the determination concerned in a way that gives effect to the variation requested in the transfer application; and
 (c) the Commission's decision to vary the determination would vary, or have the effect of varying, an allocation of capacity.
 (2) In assessing whether the allocation, as so varied, would not be of benefit to the public for the purpose of subsection 25(2) of the Act, the Commission:
 (a) is to have regard to the reasonable capability criterion; and
 (b) is to have regard to the following matters to the extent that they are relevant to the variation under consideration:
 (i) the undesirability of approving a transfer where doing so will, or is reasonably likely to, permit or encourage any form of speculative activity, including trading in capacity allocations for commercial benefit;
 (ii) the undesirability, other than in exceptional cases, of approving a transfer application made by a carrier that has never exercised an allocation, or has only exercised an allocation for a period of less than six months; and
 (c) may have regard to any of the additional criteria that it considers to be relevant.

Part 4—Duration and types of determinations