Document ID: chunk:federal_register_of_legislation:F2018L00410:clause:1_13
Version: federal_register_of_legislation:F2018L00410
Segment Type: clause
Provision Reference: sch 1 cl 13
Character Range: 15362–16284

13  All other cases (including two or more applicants and insufficient capacity)
 (1) This section applies where:
 (a) the Commission proposes to make a determination allocating available capacity on a route under section 7 of the Act; and
 (b) sections 11 and 12 of this instrument do not apply.
Note:  For example, this section will apply where the Commission has received two or more applications for determinations allocating available capacity under section 7 of the Act, and there is insufficient available capacity for the Commission to make the determinations sought in all of the applications.
  (2) In assessing the benefit to the public of an allocation of capacity under a proposed determination, the Commission:
 (a) is to have regard to the reasonable capability criterion; and
 (b) is to have regard to any of the additional criteria that it considers to be relevant.

Division 3—Renewal of determinations