Document ID: chunk:federal_register_of_legislation:C2024A00131:clause:1_20
Version: federal_register_of_legislation:C2024A00131
Segment Type: clause
Provision Reference: sch 1 cl 20
Character Range: 20170–22177

20  Civil penalty—failure to return or transfer unused slots
 (1) A person (the airline) contravenes this subsection if:
 (a) the airline customarily operates aircraft providing air services; and
 (b) the airline has been allocated one or more slots under the *Slot Management Scheme; and
 (c) the airline:
 (i) decides not to offer, or to no longer offer, an air service for which allocation of the slots was sought; or
 (ii) becomes aware of other circumstances that make it unlikely that the airline will use the *gate movements permitted by the slots for an air service for which allocation of the slots was sought; and
 (d) the airline does not return the slots to the *Slot Manager, or transfer the slots to another person who holds slots under the Slot Management Scheme:
 (i) in the case of subparagraph (c)(i)—within 14 days after making the decision; or
 (ii) in the case of subparagraph (c)(ii)—within 14 days after becoming aware of the other circumstances.
Civil penalty: 60 penalty units.

Relationship with slot return deadline
 (2) For the purposes of subsection (1), it is immaterial whether the conduct, or part of the conduct, of the airline alleged to constitute the contravention occurs before, on or after any deadline specified by the *Slot Management Scheme for the return of unused slots by holders of the slots.

Evidentiary matters
 (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline would not have conducted, or was unlikely to conduct, a particular *gate movement permitted by a particular slot.
 (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline's conduct generally in relation to the following:
 (a) *gate movements;
 (b) applications for slots;
 (c) use of slots;
 (d) variations of slots;
 (e) surrender of slots.
 (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1).