Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsScope
(1) This section applies to an aircraft that has a maximum take - off weight of less than 45,000 kilograms.
Grant of dispensation
(2 ) The aircraft may take off from, or land at, Essendon Fields Airport during a curfew period, despite a provision of this instrument , if:
(a) a dispensation granted by the Secretary under subsection ( 3 ) authorises the take - off or landing despite that provision; and
(b) the take - off or landing is in accordance with any conditions of the dispensation.
(3 ) T he Secretary may, on application by an operator of the aircraft, grant a dispensation authorising the aircraft to take off from Essendon Fi elds Airport despite section 8, or land at Essendon Fie lds Airport despite section 8 or 10 , if the Secretary is satisfied :
(a) that there are exceptional circumstances that justify permitting the take - off or landing; and
(b) in relation to a landing despite section 10-- that when the aircraft took off, the operator of the aircraft reasonably believed that the aircraft would land before the start of the curfew period.
(4 ) The Secretary may grant the dispensation subject to conditions.
Example: A condition about when the take - off or landing must occur.
(5 ) If the dispensation authorises the aircraft to take off or land despite section 8 , the dispensation must relate only to one take - off or one landing of the aircraft (but not both).
Record keeping
(6 ) The application need not be in writing. However, as soon as practicable after the grant of the dispensation, the operator must give a written statement to the Secretary explaining the exceptional circumstances that gave rise to the application.
( 7 ) The dispensation need not be in writing. However, the Secretary must make and keep a record of the dispensation and the reasons for granting it.
Offence
(8 ) An operator of an aircraft commits an offence if:
(a) the operator is subject t o a requirement under subsection ( 6 ); and
(b) the operator fails to comply with the requirement.
Penalty: 10 penalty units.