28JOpportunity to be heard before regulatory information notice is served

28J Opportunity to be heard before regulatory information notice is served

28J Opportunity to be heard before regulatory information notice is served

(1) The AER, before serving a regulatory information notice, must—

(a) notify, in writing, the regulated network service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and

(b) give the regulated network service provider a draft of the regulatory information notice it intends to serve.

(2) If the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1)—

(a) identify the regulatory information notice to be served as an urgent notice; and

(b) give its reasons, in writing, why the regulatory information notice to be served is an urgent notice.

(3) A regulatory information notice is an urgent notice if—

(a) under the notice the AER will require the regulated network service provider or related provider to provide information to the AER; and

(b) that requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and

(c) the AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence.

(4) A notice under subsection (1) must—

(a) invite the regulated network service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and

(b) specify the period within which the regulated network service provider, or the related provider, may make the representations.

(5) The period that must be specified in accordance with subsection (4) must be—

(a) in the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1);