sec.249Initial consideration of request for Rule

sec.249 Initial consideration of request for Rule

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— the active request for the Rule appears to— contain the information prescribed by the National Regulations or the Rules (or both); and not be misconceived or lacking in substance; and 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 the subject matter of the active request appears to relate to the subject matter of— 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 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 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— 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 active request for the trial Rule). If the AEMC considers that— 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 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— the trial project to which the active request relates— is unlikely to be carried out; or offers no reasonable prospect of leading to better services and outcomes for consumers of energy; 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 active request if the person or body that made the active request has not complied with a notice in accordance with section 250 . In making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 250 (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 active 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 an active request, the AEMC must publish notice of that active request in accordance with section 251 . The AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter. s 249 amd 2022 No. 22 (SA) s 27 (sec.249-ssec.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— the active request for the Rule appears to— contain the information prescribed by the National Regulations or the Rules (or both); and not be misconceived or lacking in substance; and 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 the subject matter of the active request appears to relate to the subject matter of— 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 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 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— 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 active request for the trial Rule). (sec.249-ssec.2) If the AEMC considers that— 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 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— the trial project to which the active request relates— is unlikely to be carried out; or offers no reasonable prospect of leading to better services and outcomes for consumers of energy; 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.249-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 active request if the person or body that made the active request has not complied with a notice in accordance with section 250 . (sec.249-ssec.4) In making a decision under subsection (3) , the AEMC must have regard to any representation it receives under section 250 (4) . (sec.249-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 active 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.249-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 an active request, the AEMC must publish notice of that active request in accordance with section 251 . (sec.249-ssec.7) The AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter.