9Effect of determinations on the making of operational decisions

9 Effect of determinations on the making of operational decisions

(1) The Secretary must not make an operational decision in relation to capacity that is inconsistent with a determination relating to the allocation of that capacity. (2) The Secretary must not make an operational decision in relation to capacity that comes into existence on or after 1 July 1992 unless: (a) a determination is in force relating to the allocation of that capacity; or (b) the capacity relates to a non‑scheduled flight within the meaning of the Air Navigation Act 1920; or (c) the decision is made in other circumstances prescribed by the regulations. (2A) An operational decision made in relation to capacity as mentioned in paragraph (2)(c) is not taken to be an operational decision for the purposes of subsection 5(1). (3) Nothing in this Act obliges the Secretary to make an operational decision implementing a determination.

Note: Section 50 imposes notification requirements on the Secretary.