Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_14
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 16284–17601

14  Presumption in favour of making the same allocation of capacity
 (1) This section applies where:
 (a) the Commission is proposing, while a determination is in force, to make a fresh determination allocating the capacity to which the original determination relates under section 8 of the Act; and
 (b) the Commission is considering whether the allocation of capacity in the original determination is no longer of benefit to the public for the purpose of subparagraph 8(2)(a)(i) of the Act.
 (2) Without limiting the matters to which the Commission may have regard, an allocation is generally no longer of benefit to the public if:
 (a) the carrier seeking renewal has failed to service the route effectively; and
 (b) there are other applications for some or all of the capacity; and
 (c) the Commission, having regard to the reasonable capability criterion and any of the additional criteria that it considers relevant, is satisfied that a different allocation of the capacity would be of greater benefit to the public.
Note:  In accordance with paragraph 8(2)(a) of the Act, the Commission must make the same allocation of capacity as the original determination unless it is satisfied that the allocation is no longer of benefit to the public. This operates as a presumption in favour of the incumbent carrier.