7Determinations allocating capacity

7 Determinations allocating capacity

(1) The Commission may make a determination allocating available capacity. (2) The determination: (a) must not allocate available capacity unless the Commission is satisfied that the allocation would be of benefit to the public; and (aa) must not allocate available capacity contrary to any restrictions on capacity contained in a bilateral arrangement, or a combination of bilateral arrangements, permitting the carriage to which the capacity relates; and (b) if more than one application was made under Division 1 of Part 3 relating to the allocation—must make the allocation that the Commission is satisfied, having regard to the applications made, would be of the greatest benefit to the public. (3) In assessing the benefit to the public of an allocation of capacity, the Commission must apply the criteria set out for that purpose in the policy statements made by the Minister under section 11.

Note: Division 1 of Part 3 is about making determinations. Part 4 is about the Commission’s procedure.