National Electricity (NSW) Law
96Publication of non-controversial or urgent final Rule determination
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96 Publication of non-controversial or urgent final Rule determination
96 Publication of non-controversial or urgent final Rule determination
(1) Subject to this section, if the AEMC considers that—
(a) an AEMC initiated Rule is a non-controversial Rule; or
(b) a request for a Rule is a request for a non-controversial Rule; or
(c) a request for a Rule is a request for an urgent Rule,
the AEMC may make the relevant Rule in accordance with this Division (except sections 98 to 101) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 95.
(2) Before making a Rule as set out in subsection (1), the AEMC must include in a notice under section 95 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.
(3) The AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 95 containing a statement to the effect set out in subsection (2)—
(a) the AEMC receives a written request not to do so; and
(b) the reasons set out in that request are not, in its opinion, misconceived or lacking in substance.
(4) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must—
(a) make a decision to that effect; and
(b) give the person or body its reasons, in writing, for that decision without delay.
(5) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Division (other than this section).
s 96: Am 2007 No 53, sec 63; 2018 No 12, sec 9.