Document ID: chunk:federal_register_of_legislation:F2012L01844:body:0:p2
Version: federal_register_of_legislation:F2012L01844
Segment Type: other
Provision Reference: 
Character Range: 3013–5724

taken to be off-slot (Act ss 49 (1))

     3 Movements that are taken to be off-slot movements
For subsections 11 (2) and 49 (1) of the Act, a gate movement is taken to be an off-slot movement if:

            (a) for a flight with a block time of less than 3 hours — the movement occurs more than 15 minutes before or after the slot; and

            (b) for a flight with a block time of 3 hours or more — the movement occurs more than 30 minutes before or after the slot.

     4 Movements that are taken not to be off-slot movements
Despite section 3, a gate movement is taken not to be an off-slot movement if the circumstances that caused the movement to occur at the time it did were not within the operator's control.

Note    The Compliance Committee only needs a reasonable belief as to the matter set out this section when deciding whether to direct the Slot Manager to issue an infringement notice under subsection 19 (1) of the Act.

        Part 3 When an infringement notice is appropriate (Act ss 49 (2))

     5 Infringement notices for no-slot movements

         (1) 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 any contravention of section 12 of the Act.

Note  It is expected that in practice the Slot Manager will institute civil proceedings for a contravention of section 12 except in circumstances where:
                  (a) the operator had been allocated a slot on the previous day; and
                  (b) the operator did not conduct a gate movement using that slot.

         (2) 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 12 of the Act in relation to that no-slot movement.

         (3) It is not appropriate to issue such an infringement notice in the circumstances mentioned in the note to subsection (1) if the circumstances that caused the movement to occur on the day it did, rather than using the allocated slot, were not within the operator's control.

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

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

     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