sec.94Initial consideration of request for Rule

sec.94 Initial consideration of request for Rule

Subject to this Part, as soon as practicable after receiving a request for the making of a Rule, the AEMC must consider whether— the request for the Rule appears to— contain the information prescribed by the Regulations or the Rules (or both); and not be misconceived or lacking in substance; and 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 Section 34 and Schedule 1 to this Law specify the subject matter for Rules. the subject matter of the request appears to relate to the subject matter of— 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 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 in the case of a request for a trial Rule-the subject matter of the request appears to relate to the subject matter of— a trial waiver granted by the AER; or 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). If the AEMC considers that— 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 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— the trial project to which the request relates— is unlikely to be carried out; or offers no reasonable prospect of leading to better services and outcomes for consumers of electricity; or the trial Rule requested— is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or is unlikely to enable the trial project to be undertaken; or should be the subject of a request for a Rule other than a trial Rule, the AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision. Despite subsection (1) or (2) , the AEMC may make a decision to the effect that it should not take any action under this Division in respect of the request for the making of the Rule if the person or body that made the request has not complied with a notice in accordance with section 94A . In making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 94A (4) . A decision under subsection (2) or (3) must— set out the reasons for the decision; and be given to the person or body that made the request without delay; and in the case where the decision was made only because of the matters set out in subsection (1) (c) —be published. Subject to this Part, if the AEMC considers that, having regard to the matters set out in subsection (1) , it should take action under this Division in respect of the request for the making of the Rule, the AEMC must publish notice of the request for the making of a Rule in accordance with section 95 . The AEMC must, as soon as practicable after receiving a request for the making of a trial Rule, consult with AEMO on the matter. s 94 ins 2007 No. 53 (SA) s 61 amd 2009 No. 31 (SA) s 32 ; 2022 No. 22 (SA) s 13 (sec.94-ssec.1) Subject to this Part, as soon as practicable after receiving a request for the making of a Rule, the AEMC must consider whether— the request for the Rule appears to— contain the information prescribed by the Regulations or the Rules (or both); and not be misconceived or lacking in substance; and 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 Section 34 and Schedule 1 to this Law specify the subject matter for Rules. the subject matter of the request appears to relate to the subject matter of— 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 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 in the case of a request for a trial Rule-the subject matter of the request appears to relate to the subject matter of— a trial waiver granted by the AER; or 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). (sec.94-ssec.2) If the AEMC considers that— 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 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— the trial project to which the request relates— is unlikely to be carried out; or offers no reasonable prospect of leading to better services and outcomes for consumers of electricity; or the trial Rule requested— is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or is unlikely to enable the trial project to be undertaken; or should be the subject of a request for a Rule other than a trial Rule, the AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision. (sec.94-ssec.3) Despite subsection (1) or (2) , the AEMC may make a decision to the effect that it should not take any action under this Division in respect of the request for the making of the Rule if the person or body that made the request has not complied with a notice in accordance with section 94A . (sec.94-ssec.4) In making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 94A (4) . (sec.94-ssec.5) A decision under subsection (2) or (3) must— set out the reasons for the decision; and be given to the person or body that made the request without delay; and in the case where the decision was made only because of the matters set out in subsection (1) (c) —be published. (sec.94-ssec.6) Subject to this Part, if the AEMC considers that, having regard to the matters set out in subsection (1) , it should take action under this Division in respect of the request for the making of the Rule, the AEMC must publish notice of the request for the making of a Rule in accordance with section 95 . (sec.94-ssec.7) The AEMC must, as soon as practicable after receiving a request for the making of a trial Rule, consult with AEMO on the matter.