28FService and making of regulatory information instrument

28F Service and making of regulatory information instrument

28F Service and making of regulatory information instrument

(1) Subject to this Division, the AER, if it considers it reasonably necessary for the performance or exercise of its functions or powers under this Law or the Rules, may—

(a) serve a regulatory information notice on a regulated network service provider or a related provider; or

(b) make a general regulatory information order.

(2) In considering whether it is reasonably necessary to serve a regulatory information notice, or make a general regulatory information order, the AER must have regard to—

(a) the matter to be addressed by—

(i) the service of the regulatory information notice; or

(ii) the making of the general regulatory information order; and

(b) the likely costs that may be incurred by an efficient network service provider or efficient related provider in complying with the notice or order.

Note—

The AER must also exercise its powers under this section in a manner that will or is likely to contribute to the achievement of the national electricity objective: see section 16.

(3) A regulatory information notice must not be served, or a general regulatory information order must not be made, solely for the purpose of—

(a) investigating breaches or possible breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or

(b) instituting and conducting proceedings in relation to breaches of provisions of this Law, the Regulations or the Rules, including offences against this Law; or

(c) instituting and conducting appeals from decisions in proceedings referred to in paragraph (b); or

(d) (Repealed)

(e) any application for review of a decision of the AER under Division 3A of Part 6.

s 28F: Ins 2007 No 53, sec 25. Am 2016 No 55, sec 4.