19Civil penalty—applying for slots with no reasonable prospects of use

19 Civil penalty—applying for slots with no reasonable prospects of use

(1) A person (the airline) contravenes this subsection if: (a) the airline customarily operates aircraft providing air services; and (b) the airline applies for the allocation of one or more slots under the *Slot Management Scheme; and (c) at the time of the application, the airline has no reasonably practicable plans to conduct one or more of the *gate movements permitted by the slots.

Civil penalty: 60 penalty units.

Exception—airline notifies intention to Slot Manager (2) Subsection (1) does not apply if the airline notifies the *Slot Manager, at the time of making the application, that the airline does not at that time plan to conduct one or more specified *gate movements permitted by the slots.

Note: A defendant bears an evidential burden in relation to the matters in this subsection (see section 96 of the Regulatory Powers Act).

Evidentiary matters (3) In proceedings for a contravention of subsection (1), it is not necessary to prove that the airline had no reasonably practicable plans to conduct a particular *gate movement permitted by a particular slot. (4) In determining whether an airline has contravened subsection (1), the court may have regard to the airline’s conduct generally in relation to the following: (a) *gate movements; (b) applications for slots; (c) use of slots; (d) variations of slots; (e) surrender of slots. (5) Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1).