Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_17
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 17
Character Range: 19964–21067

17  Variations on application
 (1) This section applies where:
 (a) the Commission has conducted a review to decide an application (other than a transfer application) for a determination to be varied; and
 (b) the Commission is considering making a decision to vary the determination under paragraph 24(1)(b) of the Act in a way that varies, or has the effect of varying, an allocation of capacity.
 (2) If the Commission does not receive submissions opposing the variation requested in the application then, in assessing whether the allocation, as so varied, would be of benefit to the public for the purpose of subsection 24(2) of the Act, the Commission:
 (a) is to have regard to the reasonable capability criterion; and
 (b) need not have regard to any other matter.
 (3) In all other cases, in assessing whether the allocation, as so varied, would be of benefit to the public for the purpose of subsection 24(2) of the Act, the Commission:
 (a) is to have regard to the reasonable capability criterion; and
 (b) may have regard to any of the additional criteria that it considers to be relevant.