Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_18
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 17329–18582

18  Civil penalty—flight operations not in accordance with slot requirements
 (1) A person contravenes this subsection if:
 (a) the person is the *operator of an aircraft; and
 (b) a slot has been allocated under the *Slot Management Scheme that permits a *gate movement for the aircraft on a day; and
 (c) the aircraft engages in a gate movement on that day; and
 (d) the movement does not comply with one or more requirements of the slot for the movement that are specified by the Slot Management Scheme for the purposes of this paragraph.
Civil penalty: 60 penalty units.

Exception—declared exemption
 (2) Subsection (1) does not apply if the failure to comply with the requirement of the slot for 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 to the *gate movement for the aircraft not complying with the requirement of the slot for the movement.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).