249Initial consideration of request for Rule

249 Initial consideration of request for Rule

249 Initial consideration of request for Rule

(1) Subject to this Part, as soon as practicable after receiving a request for the making of a Rule (an active request), the AEMC must consider whether—

(a) the active request for the Rule appears to—

(i) contain the information prescribed by the National Regulations or the Rules (or both); and

(ii) not be misconceived or lacking in substance; and

(b) the subject matter of the active 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

(c) the subject matter of the active request appears to relate to the subject matter of—

(i) a Rule made, or a request for the making of a Rule under section 243(1) not proceeded with, in the 12 months immediately before the date of making of that Rule or that request; or

(ii) another request for the making of a Rule under section 243(1) in respect of which the AEMC is taking action under this Division; and

(d) in the case of an active request for a trial Rule—the subject matter of the request appears to relate to the subject matter of—

(i) a trial waiver granted by the AER; or

(ii) an application for a trial waiver that has been received by the AER (but that has not been granted at the time of the active request for the trial Rule).

(2) If the AEMC considers that—

(a) in the case of an active 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 active request; or

(b) in the case of an active request for the making of a trial Rule—it should not take any action under this Division in respect of the active request on the basis that—

(i) the trial project to which the active request relates—

(A) is unlikely to be carried out; or

(B) offers no reasonable prospect of leading to better services and outcomes for consumers of energy; or