sch.3-sec.31Making first rate of return instrument if review completed before commencement

sch.3-sec.31 Making first rate of return instrument if review completed before commencement

This clause applies if, before the commencement of this clause— the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and the AER sought advice or comment from stakeholders in relation to the review; and at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and the independent panel gave the AER a report on the panel’s review. The new non-binding guideline is taken to be the first rate of return instrument on the commencement. For section 18U, the instrument is taken to have been published on the AER’s website on the commencement. The report mentioned in subclause (1)(e) need not be a consensus report on the panel’s review. sch 3 s 31 ins 2018 No. 33 (SA) s 12 (sch.3-sec.31-ssec.1) This clause applies if, before the commencement of this clause— the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and the AER sought advice or comment from stakeholders in relation to the review; and at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and the independent panel gave the AER a report on the panel’s review. (sch.3-sec.31-ssec.2) The new non-binding guideline is taken to be the first rate of return instrument on the commencement. (sch.3-sec.31-ssec.3) For section 18U, the instrument is taken to have been published on the AER’s website on the commencement. (sch.3-sec.31-ssec.4) The report mentioned in subclause (1)(e) need not be a consensus report on the panel’s review.

• (a) the review of the 2013 non-binding guideline was completed and a new non-binding guideline is in force under the Rules; and
• (b) the AER sought advice or comment from stakeholders in relation to the review; and
• (c) at least 3 months before making the new non-binding guideline, the AER published on its website a draft of the proposed new non-binding guideline; and
• (d) the draft was reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considered appropriate to conduct the review; and
• (e) the independent panel gave the AER a report on the panel’s review.