6Operational decisions in relation to capacity

6 Operational decisions in relation to capacity

(1) For the purposes of paragraph 9(2)(c) of the Act, this section prescribes a circumstance in which the Secretary may make an operational decision (the relevant decision) in relation to capacity. (2) The circumstance is that: (a) the relevant decision relates to an existing operational decision about particular capacity allocated to an Australian carrier for the carriage of passengers or freight under a bilateral arrangement or a combination of bilateral arrangements; and (b) the relevant decision has the effect of making a temporary and minor change to the existing operational decision by permitting the Australian carrier to meet seasonal, temporary or unusual demand by: (i) using the allocated capacity in a different manner (to the extent that such use would not be inconsistent with a determination relating to the allocation of that capacity); or (ii) using available capacity; and (c) the bilateral arrangement (or combination) permits the use by the Australian carrier of the capacity.