Commonwealth Numbered Regulations Commonwealth Numbered RegulationsFor the purposes of subsection 27AB(3) of the Act, a power or function mentioned in an item of the following table may be delegated only in the circumstances mentioned in the item.
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Circumstances in which certain powers and functions may be delegated | ||
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Item |
Power or function |
Circumstances |
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1 |
To make a determination, under section 7 of the Act, allocating available capacity |
No more than one application has been made for the allocation of that capacity, and either: (a) no submissions are received opposing the allocation of capacity by that determination; or (b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination |
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2 |
To make a fresh determination, under section 8 of the Act, allocating the capacity to which the original determination relates |
Either: (a) no submissions are received opposing the allocation of capacity by that determination; or (b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination |
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3 |
If an Australian carrier applies, under section 21 of the Act, for a variation of a determination to allocate capacity: (a) to conduct a review, under subsection 10(2) of the Act, of a determination that allocates capacity; and (b) to vary the determination as requested in the application |
Either: (a) no submissions are received opposing the allocation of capacity by that determination; or (b) the Commission considers that, if submissions were invited, no submissions would be received opposing the allocation of capacity by that determination |