Document ID: chunk:federal_register_of_legislation:F2013L00183:body:0:p6
Version: federal_register_of_legislation:F2013L00183
Segment Type: other
Provision Reference: 
Character Range: 13455–16346

the operator concerned.

         (2) For paragraph 7 (1) (a) or 8 (1) (a), an operator that did not comply with the relevant requirement for a slot is nevertheless taken to have complied if the Slot Manager is satisfied that:

            (a) the reasons for the operator not conducting the movement or not using an aircraft of the proposed size were not within the operator's control; or

            (b) taking into account any other relevant matter known to the Slot Manager, the operator had a reasonable excuse for not conducting the movement or not using an aircraft of the proposed size.

         (3) The Slot Manager must, if satisfied of a matter under subsection (2), notify the Secretary of that fact.

         (4) Without limiting paragraph (2) (a), reasons not within the operator's control:

            (a) include bad weather and closure of the airport; and

            (b) do not include the occurrence of a public holiday.

         (5) When calculating the percentage mentioned in subsection 7 (1) or 8 (1):

            (a) the Slot Manager must treat the following slots as if they had not been allocated:
                (i) a slot that was returned on or before the historics baseline date; and

                (ii) a slot that was obtained by a slot swap that had effect for a single day; and

            (b) the Slot Manager must treat the following slots as if they had been allocated:
                (i) a slot that was returned after the historics baseline date; and

                (ii) a slot that it obtained by a slot swap that had effect for 2 or more days.

     10 Meaning of historical precedence

         (1) Subject to this section, an operator has historical precedence to a slot series if:

            (a) the corresponding slot series in the previous equivalent scheduling season was allocated to the operator; and

            (b) the operator satisfied the 'use it or lose it' test and any 'size of aircraft' test that applied in relation to that slot series.

         (2) If:

            (a) in the previous equivalent scheduling season an operator was allocated a permanent regional service series to conduct a service that was not a regional service; and

            (b) the operator satisfied the 'use it or lose it' and any 'size of aircraft' test that applied in relation to that slot series;
the operator does not have historical precedence to that series unless:

            (c) in the equivalent scheduling season before the previous equivalent scheduling season, the corresponding series was allocated to the operator to conduct a service that was not a regional service; and

            (d) the operator satisfied the 'use it or lose it' and any 'size of aircraft' requirement that applied to the series.

         (3) An operator does not have historical precedence to a slot series that includes:

            (a) a slot