Sydney Airport Demand Management Act 1997

A person (the airline) contravenes this subsection if:

the airline customarily operates aircraft providing air services; and

the airline applies for the allocation of one or more slots under the *Slot Management Scheme; and

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.

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.

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

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.

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:

*gate movements;

applications for slots;

use of slots;

variations of slots;

surrender of slots.

Subsection (4) does not limit the matters to which the court may have regard in deciding whether an airline has contravened subsection (1).