Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to this section, the Commission must, having conducted a review to decide an application (other than a transfer application) for a determination to be varied, make a decision:
(a) confirming the determination; or
(b) varying the determination in a way that gives effect to the variation requested in the application.
(2) Subject to subsection (3), the Commission must not make a decision varying the determination in a way that varies, or has the effect of varying, an allocation of capacity unless the Commission is satisfied that the allocation, as so varied, would be of benefit to the public.
(3) If:
(a) an Australian carrier to which a determination allocates capacity applies in accordance with section 21 for the determination to be varied; and
(b) the only effect of the variation would be to reduce the capacity allocated to the carrier;
the Commission must vary the determination as requested in the application.