sec.96Publication of non-controversial or urgent final Rule determination

sec.96 Publication of non-controversial or urgent final Rule determination

Subject to this section, if the AEMC considers that— an AEMC initiated Rule is a non-controversial Rule; or a request for a Rule is a request for a non-controversial Rule; or 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 . 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. 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) — the AEMC receives a written request not to do so; and the reasons set out in that request are not, in its opinion, misconceived or lacking in substance. 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— make a decision to that effect; and give the person or body its reasons, in writing, for that decision without delay. 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 amd 2007 No. 53 (SA) s 63 ; 2018 No. 12 (SA) s 9 (sec.96-ssec.1) Subject to this section, if the AEMC considers that— an AEMC initiated Rule is a non-controversial Rule; or a request for a Rule is a request for a non-controversial Rule; or 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 . (sec.96-ssec.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. (sec.96-ssec.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) — the AEMC receives a written request not to do so; and the reasons set out in that request are not, in its opinion, misconceived or lacking in substance. (sec.96-ssec.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— make a decision to that effect; and give the person or body its reasons, in writing, for that decision without delay. (sec.96-ssec.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).