94Initial consideration of request for Rule

94 Initial consideration of request for Rule

94 Initial consideration of request for Rule

(1) Subject to this Part, as soon as practicable after receiving a request for the making of a Rule, the AEMC must consider whether—

(a) the request for the Rule appears to—

(i) contain the information prescribed by the Regulations or the Rules (or both); and

(ii) not be misconceived or lacking in substance; and

(b) the subject matter of the request appears to be for or with respect to a matter in respect of which the AEMC may make a Rule under this Law; and

Note—

Section 34 and Schedule 1 to this Law specify the subject matter for Rules.

(c) the subject matter of the request appears to relate to the subject matter of—

(i) a Rule made, or a request for the making of a Rule under section 91(1) not proceeded with, in the 12 months immediately before the date of receipt of the request; or

(ii) another request for the making of a Rule under section 91(1) in respect of which the AEMC is taking action under this Part; and

(d) in the case of a request for a trial Rule—the subject matter of the request appears to relate to the subject matter of—

(i) a trial waiver granted by the AER; or

(ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the request for the trial Rule).

(2) If the AEMC considers that—

(a) in the case of a request for the making of any Rule—having regard to the matters set out in subsection (1), it should not take any action under this Division in respect of the request; or

(b) in the case of a request for the making of a trial Rule—it should not take any action under this Division in respect of the request on the basis that—

(i) the trial project to which the request relates—

(A) is unlikely to be carried out; or

(B) offers no reasonable prospect of leading to better services and outcomes for consumers of electricity; or