Commonwealth Consolidated Regulations Commonwealth Consolidated RegulationsFor the purposes of paragraph 12(1)(b) of the Act, the Commission is required to invite submissions about an allocation of capacity if:
(a) more than one application is made relating to the allocation of that capacity; or
(b) the Commission considers that, if the capacity were to be allocated to an Australian carrier:
(i) a restriction could be imposed on the carrier under the Competition and Consumer Act 2010 preventing the carrier using that capacity; or
(ii) the carrier may not be able to obtain an approval or licence (however described) that is necessary to use that capacity; or
(iii) for any other reason, the carrier may not reasonably be capable of using that capacity.