96A“Fast track” Rules where previous public consultation by electricity market regulatory body or an AEMC review

96A “Fast track” Rules where previous public consultation by electricity market regulatory body or an AEMC review

96A “Fast track” Rules where previous public consultation by electricity market regulatory body or an AEMC review

(1) This section applies if—

(a) an electricity market regulatory body has—

(i) made a request for the making of a Rule under section 91(1); and

(ii) consulted with the public on the nature and content of the request before making that request; or

(b) a person or the MCE has made a request for the making of a Rule under section 91(1) on the basis of—

(i) a recommendation for the making of a Rule contained in a MCE directed review; or

(ii) a conclusion for the making of a Rule contained in an AEMC Rule review.

(2) The AEMC may take action under this Division in respect of the request without complying with section 95(2)(a) or 98 if it is of the opinion that—

(a) in the case where the request has been made by an electricity market regulatory body in the circumstances described in subsection (1)(a)—the consultation conducted by the electricity market regulatory body was adequate, having regard to—

(i) the nature and content of that request; and

(ii) the kind of consultation conducted by the electricity market regulatory body;

(b) in the case where the request has been made by a person or the MCE in the circumstances described in subsection (1)(b)—

(i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and

(ii) there was adequate consultation with the public by the AEMC on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires).

(3) To avoid doubt—

(a) section 94 applies to a request for the making of a Rule to which this section applies; and

(b) section 97 does not apply to a request for the making of a Rule to which this section applies.