sec.91Initiation of making of a Rule

sec.91 Initiation of making of a Rule

The AEMC may make a Rule at the request of any person, the MCE or the Reliability Panel. Section 34 and Schedule 1 to this Law specify the subject matter for Rules. The AEMC must not make a Rule without a request under subsection (1) unless— it considers the Rule corrects a minor error in the Rules; or it considers the Rule involves a non-material change to the Rules; or the Rule is in respect of any matter that is prescribed by the Regulations as a matter on which it may make a Rule on its own initiative. A Minister of a participating jurisdiction, after consulting with the Ministers of the other participating jurisdictions, may request the AEMC to make a jurisdictional derogation in respect of the jurisdiction of which he or she is a Minister. The Reliability Panel may only request the AEMC to make a Rule that relates to its functions. Section 38 (2) describes the functions of the Reliability Panel. A person conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant) may request the AEMC to make a participant derogation that relates to, as the case requires— that person; or a class of person of which that person is a member. AEMO may itself, or on behalf of itself and a Registered participant or a class of Registered participant, request the AEMC to make a participant derogation that relates to (as the case requires)— it; or it and the Registered participant; or it and the class of Registered participant. A request for a Rule regulating AEMO’s declared network functions may only be made by— AEMO; or a declared transmission system operator that is a party to a network agreement with AEMO; or a Minister of an adoptive jurisdiction. The AEMC may only make a Rule that has effect with respect to an adoptive jurisdiction if satisfied that the proposed Rule is compatible with the proper performance of AEMO’s declared network functions. The AEMC may only make a Rule that affects the allocation of powers, functions and duties between AEMO and a declared transmission system operator if— AEMO consents to the making of the Rule; or the Rule is requested by the Minister of the relevant adoptive jurisdiction. s 91 amd 2007 No. 53 (SA) s 57 ; 2009 No. 31 (SA) s 31 (sec.91-ssec.1) The AEMC may make a Rule at the request of any person, the MCE or the Reliability Panel. Section 34 and Schedule 1 to this Law specify the subject matter for Rules. (sec.91-ssec.2) The AEMC must not make a Rule without a request under subsection (1) unless— it considers the Rule corrects a minor error in the Rules; or it considers the Rule involves a non-material change to the Rules; or the Rule is in respect of any matter that is prescribed by the Regulations as a matter on which it may make a Rule on its own initiative. (sec.91-ssec.3) A Minister of a participating jurisdiction, after consulting with the Ministers of the other participating jurisdictions, may request the AEMC to make a jurisdictional derogation in respect of the jurisdiction of which he or she is a Minister. (sec.91-ssec.4) The Reliability Panel may only request the AEMC to make a Rule that relates to its functions. Section 38 (2) describes the functions of the Reliability Panel. (sec.91-ssec.5) A person conferred a right, or on whom an obligation is imposed, under the Rules (including a Registered participant) may request the AEMC to make a participant derogation that relates to, as the case requires— that person; or a class of person of which that person is a member. (sec.91-ssec.6) AEMO may itself, or on behalf of itself and a Registered participant or a class of Registered participant, request the AEMC to make a participant derogation that relates to (as the case requires)— it; or it and the Registered participant; or it and the class of Registered participant. (sec.91-ssec.7) A request for a Rule regulating AEMO’s declared network functions may only be made by— AEMO; or a declared transmission system operator that is a party to a network agreement with AEMO; or a Minister of an adoptive jurisdiction. (sec.91-ssec.8) The AEMC may only make a Rule that has effect with respect to an adoptive jurisdiction if satisfied that the proposed Rule is compatible with the proper performance of AEMO’s declared network functions. (sec.91-ssec.9) The AEMC may only make a Rule that affects the allocation of powers, functions and duties between AEMO and a declared transmission system operator if— AEMO consents to the making of the Rule; or the Rule is requested by the Minister of the relevant adoptive jurisdiction.