Part 10National Energy Retail Rules

Part 10—National Energy Retail Rules Subdivision 1—Interpretation 235—Definitions AEMC initiated Rule means a Rule of the kind referred to in section 243(2); AEMC Rule review means a review conducted by the AEMC under Division 5 of Part 9; draft Rule determination means a determination of the AEMC under section 256; energy regulatory body means— (a) the AER; or (b) AEMO; market initiated proposed Rule means a request for a Rule, including a trial Rule, made under section 243(1) in respect of which the AEMC publishes a notice under section 251; more preferable Rule has the meaning given by section 244; non-controversial Rule means a Rule that is unlikely to have a significant effect on a market for energy or the regulation of customer connection services; proposed Rule means— (a) a market initiated proposed Rule; or (b) a proposal for an AEMC initiated Rule; or (c) a proposed more preferable Rule; publish means— (a) in relation to a notice required to be published under this Part (except section 238 or 261)—publish in the South Australian Government Gazette and on the AEMC's website; or (b) in relation to a proposed Rule referred to in section 251 and any other documents prescribed by the National Regulations in relation to a proposed Rule referred to in section 251—publish on the AEMC's website and make available at the offices of the AEMC; or (c) in relation to a draft Rule determination or final Rule determination—publish on the AEMC's website and make available at the offices of the AEMC; or (ca) in relation to a notice setting out requirements imposed under section 262B—publish on the AEMC's website; or (d) in relation to any submissions or comments received by the AEMC under this Part—subject to section 268, publish on the AEMC's website and make available at the offices of the AEMC; or (e) in relation to a report prepared under section 269—publish on the AEMC's website and make available at the offices of the AEMC; trial Rule means a Rule for the purposes of a trial project; urgent Rule means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing prejudicing or threatening— (a) the provision of energy services to customers, including customer retail services and customer connection services; or (b) the sale and supply of energy to customers. Subdivision 2—Rule making test 236—Application of national energy retail objective (1) The AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national energy retail objective. (2) For the purposes of subsection (1)— (a) the AEMC may give such weight to any aspect of the national energy retail objective as it considers appropriate in all the circumstances; and (b) where relevant, the AEMC must satisfy itself that the Rule is compatible with the development and application of consumer protections for small customers, including (but not limited to) protections relating to hardship customers; and (c) the AEMC must have regard to any relevant MCE statement of policy principles. 236A—AEMC must take into account innovative trial principles in certain cases In addition to complying with section 236, the AEMC must take into account the innovative trial principles in making a trial Rule. Division 2—National Energy Retail Rules generally 237—Subject matters of Rules (1) Rules, to be known, collectively, as the "National Energy Retail Rules", may be made for or with respect to— (a) regulating— (i) the provision of energy services to customers, including customer retail services and customer connection services; and (ii) the activities of persons involved in the sale and supply of energy to customers; and (b) any matter or thing contemplated by this Law or necessary or expedient for the purposes of this Law; and (c) any matter or thing related to, or necessary or expedient for, the purposes of a trial Rule, trial project or trial waiver. The procedure for making initial Rules by the South Australian Minister is set out in Division 3, and the procedure for making subsequent Rules by the AEMC is set out in Division 4. (2) Without limiting subsection (1), the Rules may make provision for or with respect to the following matters: (a) the rights and obligations between distributors and retailers who have shared customers, including (without limitation) matters relating to the following: (i) the sharing and exchange of information between distributors and retailers, including information provided for the purpose of informing shared customers in relation to faults and emergencies, planned or unplanned interruptions and applicable tariffs; (ii) the management of customer enquiries, complaints and claims; (iii) the management of the de‑energisation of premises of shared customers and the re‑energisation of those premises; (b) disputes under or in relation to the Rules between persons, including— (i) the appointment of a person, in accordance with the Rules, to manage and facilitate the resolution of such disputes without however derogating from that person's power to act personally as an arbitrator or mediator in a particular dispute; and (ii) the appointment, by a person referred to in subparagraph (i), of persons (including mediators and arbitrators) to resolve such disputes; and (iii) the procedure for the conduct of such disputes; and (iv) the provision for appeals on questions of law against decisions of persons appointed to resolve such disputes; and (v) the conferral of functions or powers on persons authorised to deal with disputes under the NEL, NER, NGL or NGR or jurisdictional energy legislation; (c) the payment of money (including the payment of interest) for any service provided under the Rules in respect of which the Rules require payment; (d) confidential information held by persons or bodies conferred a function, or exercising a power or right, or on whom an obligation is imposed, under the Rules, and the manner and circumstances in which that information may be disclosed; (e) a consultation procedure for matters arising under this Law, the National Regulations or the Rules; (f) reviews by or on behalf of— (i) the AER or the AEMC; or (ii) any other person appointed in accordance with the Rules; (g) the liability of retailers, distributors and customers for acts and omissions and the provision of immunity in respect of any such liability; (h) the energisation, de‑energisation or re‑energisation of premises of customers; (ha) the sale of electricity to customers whose premises are connected to a regulated stand‑alone power system (within the meaning of the NEL); (hb) the transition from the sale or supply of natural gas to the sale or supply of a natural gas equivalent or a prescribed covered gas, including, without limitation, matters relating to the following: (i) the process to be followed, or the transition scheme to be applied, in making the change; (ii) the powers and functions of the AER in relation to the transition; (iii) the technical capabilities that must be demonstrated by a retailer or distributor in relation to the sale of a natural gas equivalent before making the change; (i) benchmarks for energy consumption for residential customers; (ia) the use of interval meters and smart meters and other related technologies, including devices designed to enable direct load control, including (without limitation) matters relating to the following: (i) the ability of a distributor to undertake supply capacity control (SCC), including— (A) the inclusion of SCC as part of a connection contract; and (B) marketing rules associated with SCC; and (C) the management and restoration of power as a result of an emergency; (ii) the ability of a retailer to undertake SCC; (iii) charging and billing rules, and bill content, including— (A) the way in which tariff structures should be expressed; and (B) the regulation of estimates for the purposes of billing, including information to be provided to customers; and (C) the regulation of critical peak pricing and critical peak rebates; and (D) the provision of information to customers about metering and consumption data on the bill; (iv) the provision of marketing information to customers through the in‑house display facility of a smart meter and other related technologies (including by providing that a customer's consent is required before such information may be sent and by imposing restrictions or prohibitions with respect to certain practices); (v) the provision of information about matters associated with the use of smart meters and other related technologies, including the remote de‑energisation of premises and control of appliances; (vi) information to be included in a retail market performance report; (j) any other matter or thing relating to the retail sale and supply of energy or associated matters prescribed by the National Regulations. (3) Without limiting subsection (1), the Rules may— (a) be of general or limited application; and (c) confer functions or powers on, or leave any matter or thing to be decided or determined by— (i) the AER, the AEMC, AEMO or a jurisdictional regulator; or (ii) a panel or committee established by the AEMC; or (iii) any other body established, or person appointed, in accordance with the Rules; and (d) confer functions on, or leave any matter or thing to be decided or determined by, an energy ombudsman; and (e) confer rights or impose obligations on any person or a class of person, including retailers, distributors and customers, but not including the AER, the AEMC, AEMO or a jurisdictional regulator; and (f) confer a function on the AER, the AEMC, AEMO or a jurisdictional regulator to make, prepare, develop or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules, including guidelines, tests, standards, procedures or any other document (however described) that leave any matter or thing to be determined by the AER, the AEMC, AEMO or a jurisdictional regulator; and (g) empower or require any person (other than a person referred to in paragraph (f)) or body to make or issue guidelines, tests, standards, procedures or any other document (however described) in accordance with the Rules; and (h) apply, adopt or incorporate wholly or partially, or as amended by the Rules, the provisions of any standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body whether— (i) as formulated, issued, prescribed or published at the time the Rules are made or at any time before the Rules are made; or (ii) as amended from time to time; and (i) confer a power of direction on the AER, the AEMC, AEMO or a jurisdictional regulator to require a person conferred a right or on whom an obligation is imposed under the Rules to comply with— (i) a guideline, test, standard, procedure or other document (however described) referred to in paragraph (f) or (g); or (ii) a standard, rule, specification, method or document (however described) referred to in paragraph (h); and (j) if this section authorises or requires Rules that regulate any matter or thing, prohibit that matter or thing or any aspect of that matter or thing; and (k) provide for the review of, or a right of appeal against, a decision or determination made under the Rules and for that purpose, confer jurisdiction on a court; and (l) require a form prescribed by or under the Rules, or information or documents included in, attached to or given with the form, to be verified by statutory declaration; and (m) confer an immunity on, or limit the liability of, any person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules; and (n) require a person or body performing or exercising a function or power, or conferred a right, or on whom an obligation is imposed, under the Rules to indemnify another such person or body; and (o) contain provisions of a savings or transitional nature consequent on the amendment or revocation of a Rule. (4) Without limitation, a Rule that amends the model terms and conditions for standard retail contracts or standard connection contracts set out in the Rules must specify a date by which regulated entities must vary their forms of standard retail contract or their forms of standard connection contract (as the case requires). Division 3—Minister initiated National Energy Retail Rules Subdivision 1—Initial Rules made by Minister 238—South Australian Minister to make initial National Energy Retail Rules (1) The South Australian Minister may make Rules for or with respect to any matter or thing referred to in Division 2. (2) The South Australian Minister may make Rules that amend the Rules made under subsection (1) for any purpose that is necessary or consequential on the application of the Law or those Rules in a participating jurisdiction. (3) As soon as practicable after making Rules under this section, the South Australian Minister must— (4) The notice referred to in subsection (3)(a) must state— (5) The Rules made under this section may only be made on the recommendation of the MCE. (6) Rules cannot be made under this section once any one of the participating jurisdictions applies this Law as a law of that jurisdiction. 238AA—South Australian Minister to make initial Rules relating to regulatory sandboxing (a) for or with respect to— (i) the regulatory sandboxing amendments; and (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and (b) that revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments. (2) Section 237(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. (3) As soon as practicable after making Rules under this section, the South Australian Minister must— (4) The notice referred to in subsection (3)(a) must state— (5) Rules may only be made under subsection (1) on the recommendation of the MCE. (7) In this section— regulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022. 238A—South Australian Minister may make initial Rules related to consumer protections and smart meters (1) The South Australian Minister may make Rules for or with respect to any matter or thing that is referred to in section 237(2)(ia) and that relates to, or is relevant to the interests of, small customers. (2) As soon as practicable after making Rules under this section, the South Australian Minister must— (3) The notice referred to in subsection (2)(a) must state— (4) The Rules made under this section may only be made on the recommendation of the MCE. (5) Section 237(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. 238AB—South Australian Minister may make initial Rules relating to stand‑alone power systems (a) for or with respect to the stand‑alone power system amendments; and (b) for or with respect to any other subject contemplated by, or necessary or expedient for, the stand‑alone power system amendments; and (c) that revoke or amend a Rule as a consequence of the enactment of the stand‑alone power system amendments. (2) As soon as practicable after making Rules under subsection (1), the South Australian Minister must— (3) The notice referred to in subsection (2)(a) must state— (4) The Rules made under this section may only be made on the recommendation of the MCE. (5) Section 237(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. (7) In this section— stand‑alone power system amendments means the amendments made to the NEL and this Law by the Statutes Amendment (National Energy Laws) (Stand-Alone Power Systems) Act 2021. 238AC—South Australian Minister may make initial Rules relating to national energy retail objective (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Energy Retail Law (South Australia) Act 2011 of South Australia may, within 9 months after the commencement of this section— (a) make Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and (b) make Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and (c) make Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia. (2) Rules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation. (3) Section 237(3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC. (4) As soon as practicable after making Rules under subsection (1), the Minister referred to in that subsection must— (5) The notice referred to in subsection (4)(a) must state— (6) The Rules made under subsection (1) may only be made on the recommendation of the MCE. (7) If the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection. amended objective means the national energy retail objective as in force on the commencement of this section. 238AD—South Australian Minister to make initial Rules relating to other gases (a) for or with respect to— (i) the other gas amendments; and (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and (b) that revoke or amend a Rule as a consequence of the enactment of the other gas amendments. (2) Rules made under this section may revoke or amend an existing Rule. (3) Rules may only be made under this section on the recommendation of the MCE. (4) Section 237(3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC. (5) As soon as practicable after making Rules under this section, the South Australian Minister must— (a) publish a notice of the making of the Rules in the South Australian Government Gazette; and (6) The notice referred to in subsection (5)(a) must state— (b) if different Rules will commence operation on different dates—those dates. (7) The Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (6). (8) Once the first Rules have been made, no further Rules can be made under this section. (9) In this section— other gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023. Subdivision 2—Rules made by Minister from time to time 238B—South Australian Minister may make Rules on recommendation of MCE and Energy Security Board (1) The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2) for any purpose that is necessary or consequential as a result of the making of a NER by the Minister under section 90F of the NEL or a NGR by the Minister under section 294G of the NGL. (2) The MCE may only recommend the making of Rules under subsection (1) if— (a) the Rules are for or with respect to any matter or thing referred to in Division 2; and (b) the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1). (3) The Energy Security Board may only make a recommendation for the purposes of subsection (2)(b) in relation to Rules if— (a) the Rules are in connection with energy security and reliability of the national electricity market (within the meaning of the NEL) or long‑term planning for the national electricity market; and (b) the Energy Security Board is satisfied that the Rules are consistent with the national energy retail objective; and (c) the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE. (4) Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation. (5) Section 237(3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC. (6) As soon as practicable after making Rules under this section, the South Australian Minister must— (7) The notice referred to in subsection (6)(a) must state— Division 4—Subsequent Rules and rule amendment procedure 239—Subsequent rule making by AEMC (1) The AEMC, in accordance with this Law and the National Regulations, may make Rules for or with respect to any matter or thing referred to in Division 2 after Rules have been made under Division 3. (2) Nothing in Division 3 Subdivision 2 is to be taken to affect the power of the AEMC to make Rules (in accordance with this Law and the Regulations) for or with respect to any matter or thing referred to in Division 2 (whether before or after Rules have been made under Division 3 Subdivision 2). 240—Rules relating to MCE or Ministers of participating jurisdictions require MCE consent The AEMC must not, without the consent of the MCE, make a Rule that confers a right or function, or imposes an obligation, on the MCE or a Minister of a participating jurisdiction. The term "function" is defined in clause 10 of Schedule 2 to the NGL to include "duty". Section 8 of this Law applies that Schedule to this Law and other instruments under this Law. 241—AEMC must not make Rules that create criminal offences or impose civil penalties for breaches The AEMC must not make a Rule that— (a) creates an offence for a breach of a provision of the Rules; or (b) provides for a criminal penalty or civil penalty for a breach of a provision of the Rules. 242—Documents etc applied, adopted and incorporated by Rules to be publicly available (1) The AEMC must make publicly available— (a) every standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body that is applied, adopted or incorporated by a Rule; and (b) if a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body is applied, adopted or incorporated by a Rule as amended from time to time—any amendment to that standard, rule, specification, method or document. (2) For the purposes of subsection (1), the AEMC makes a standard, rule, specification, method or document (however described) formulated, issued, prescribed or published by any person, authority or body applied, adopted or incorporated by any Rule publicly available if the AEMC— (a) publishes the standard, rule, specification, method or document on the AEMC's website; or (b) specifies a place from which the standard, rule, specification, method or document may be obtained or purchased (as the case requires). 243—Initiation of making of a Rule (1) The AEMC may make a Rule at the request of any person or the MCE. (2) The AEMC must not make a Rule without a request under subsection (1) unless— (a) it considers the Rule corrects a minor error in the Rules; or (b) it considers the Rule involves a non‑material change to the Rules; or (c) the Rule is in respect of any matter that is prescribed by the National Regulations as a matter on which it may make a Rule on its own initiative. 244—AEMC may make more preferable Rule in certain cases (1) The AEMC may make a Rule that is different (including materially different) from a market initiated proposed Rule (a more preferable Rule) if the AEMC is satisfied that, having regard to the issue or issues that were raised by the market initiated proposed Rule (to which the more preferable Rule relates), the more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective. (2) Section 236(2) applies in relation to the making of the more preferable rule. 245—AEMC may make Rules that are consequential to a Rule request (1) Despite section 243(2), the AEMC may, having regard to a request to make a Rule under section 243(1), make a Rule under this Law, the NEL or the NGL that is necessary or consequential, or corresponds, to the Rule. (2) For the purposes of this Part, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request. 246—Content of requests for Rules A request for the making of a Rule— (a) must contain the information prescribed by the National Regulations or the Rules (or both); and (b) must, subject to section 247, be accompanied by the fee prescribed by the National Regulations (if any); and (c) may be accompanied by a draft of the Rule to be made. 247—Waiver of fee for Rule requests The AEMC may waive the payment of any fee prescribed by the National Regulations for the purposes of section 246. 248—Consolidation of 2 or more Rule requests (1) If the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may— (a) treat those requests as one request for the purposes of this Part (a consolidated Rule request); or (b) treat any later request as a submission in relation to the earliest Rule request. (2) For the purposes of this Part, the AEMC may treat a consolidated Rule request as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request. 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 (ii) the trial Rule requested— (A) 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 (B) is unlikely to enable the trial project to be undertaken; or (C) 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. (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. (4) In making a decision under subsection (3), the AEMC must have regard to any representation it receives under section 250(4). (5) A decision under subsection (2) or (3) must— (a) set out the reasons for the decision; and (b) be given to the person or body that made the active request without delay; and (c) in the case where the decision was made only because of the matters set out in subsection (1)(c)—be published. (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. (7) The AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter. 250—AEMC may request further information from Rule proponent in certain cases (a) receives a request for the making of a Rule under section 243(1); and (b) considers, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request's purpose or content. (2) The AEMC may, by notice, request the person or body that made the request under section 243(1) to provide the AEMC with further information. (3) A notice under subsection (2) must specify— (a) the kind of information the AEMC requires from the person or body; and (b) the time within which that information must be provided to the AEMC. (4) A person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice. 251—Notice of proposed Rule (a) considers that it should take action under this Division in respect of a request for the making of a Rule; or (b) forms an intention to make an AEMC initiated Rule. (2) The AEMC must publish— (a) notice of the request or intention (as the case requires); and (b) a draft of the proposed Rule; and (c) any other document prescribed by the National Regulations. (3) A notice published under this section must— (a) invite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and (b) contain any other information prescribed by the National Regulations. (4) Nothing in this Division is to be taken as requiring the AEMC to publish notices under this section in the same order as it— (a) considers that it should take action under this Division in respect of a request for the making of a Rule; or (b) forms an intention to make an AEMC initiated Rule. 252—Publication of non-controversial or urgent final Rule determination (1) Subject to this section, if the AEMC considers that— (a) an AEMC initiated Rule is a non‑controversial Rule; or (b) a request for a Rule is a request for a non‑controversial Rule; or (c) 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 section 255 to 258) 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 251. (2) Before making a Rule as set out in subsection (1), the AEMC must include in a notice under section 251 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. (3) The AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 251 containing a statement to the effect set out in subsection (2)— (a) the AEMC receives a written request not to do so; and (b) the reasons set out in that request are not, in its opinion, misconceived or lacking in substance. (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— (a) make a decision to that effect; and (b) give the person or body its reasons, in writing, for that decision without delay. (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). 252A—Publication of final Rule determination for trial Rule (1) If the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Division (except sections 255 to 258) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 251. (2) Sections 252 and 253 do not apply to a request for a trial Rule. 253—"Fast track" Rules where previous public consultation by energy regulatory body or an AEMC review (a) an energy regulatory body has— (i) made a request for the making of a Rule under section 243(1); and (ii) consulted with the public on the nature and content of the request before making that request; or (b) a person or the MCE has made a request for the making of a Rule under section 243(1) on the basis of— (i) a recommendation for the making of a Rule contained in a MCE directed review; or (ii) a conclusion for the making of a Rule contained in an AEMC Rule review. (2) The AEMC may take action under this Division in respect of the request without complying with section 251(2)(a) or 255 if it is of the opinion that— (a) in the case where the request has been made by an energy regulatory body in the circumstances described in subsection (1)(a)—the consultation conducted by the energy regulatory body was adequate, having regard to— (i) the nature and content of that request; and (ii) the kind of consultation conducted by the energy regulatory body; (b) in the case where the request has been made by a person or the MCE in the circumstances described in subsection (1)(b)— (i) the request reflects, or is consistent with, the relevant recommendation contained in the MCE directed review or relevant conclusion in the AEMC Rule review (as the case requires); and (ii) there was adequate consultation with the public by it on the content of the relevant recommendation or relevant conclusion during the MCE directed review or AEMC Rule review (as the case requires). (3) To avoid doubt— (a) section 249 applies to a request for the making of a Rule to which this section applies; and (b) section 254 does not apply to a request for the making of a Rule to which this section applies. 254—Right to make written submissions and comments Any person or body, within the period specified in a notice under section 251, may make a written submission or comment in relation to the proposed Rule to which the notice relates. 255—AEMC may hold public hearings before draft Rule determination (1) The AEMC may (but need not), at any time after publication of a notice under section 251 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule. (2) Notice of a hearing held under this section must— (b) contain the information prescribed by the National Regulations (if any). 256—Draft Rule determinations (1) The AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule. (2) Subject to this Part, the AEMC must, within 10 weeks after the date specified in a notice under section 251, publish— (a) the draft Rule determination; and (b) notice of the making of the draft Rule determination. (3) In the case of a proposed Rule to which section 253 applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 251 is published. (4) A draft Rule determination must contain— (a) the reasons of the AEMC as to whether or not it should make the proposed Rule, including— (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national energy retail objective; and (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and (b) if the AEMC determines to make a Rule, a draft of the Rule to be made; and (c) any other matters that are prescribed by the National Regulations. (5) The draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 251 relates. (6) A notice referred to in subsection (2) must— (a) invite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and (b) include a statement to the effect that any interested person or body may request, in writing within one week after the publication of the notice, the AEMC to hold a hearing in accordance with section 258; and (c) contain any other information prescribed by the National Regulations. 257—Right to make written submissions and comments in relation to draft Rule determination Any person or body, within the period specified in a notice under section 256(2)(b), may make a written submission or comment in relation to a draft Rule determination to which the notice relates. 258—Pre-final Rule determination hearings (1) The AEMC may (but need not), at any time after publication of a notice under section 256(2)(b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination. (2) In addition, any person or body may request, in writing, within one week after the publication of a notice under section 256(2)(b), the AEMC to hold a hearing in relation to a draft Rule determination. (3) Despite subsection (2), the AEMC may decide not to a hold a hearing in relation to a draft Rule determination. (4) Without limiting the reasons why the AEMC may decide not to hold a hearing in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if— (a) the person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 257; and (b) no other person or body requests the AEMC to hold a hearing. (5) If the AEMC decides not to hold a hearing after a request under subsection (2), it must give the person or body that requested the hearing its reasons, in writing, for declining that person's or body's request. (6) If the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2), the AEMC must— (a) appoint a date (being not later than 3 weeks after the date of publication of the notice under section 256), time and place for the holding of the hearing; and (b) publish a notice of that date, time and place. 259—Final Rule determination (1) Subject to section 260, the AEMC must make a final Rule determination as to whether to make a proposed Rule. (2) Subject to this Part, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish— (a) the final Rule determination; and (b) notice of the making of the final Rule determination. (3) A final Rule determination must contain— (a) the reasons of the AEMC as to whether or not it should make a Rule, including— (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national energy retail objective; and (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national energy retail objective than the market initiated Rule request to which the more preferable Rule relates; and (iia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and (iii) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (iv) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and (b) any other matters that are prescribed by the National Regulations. (4) A notice referred to in subsection (2) must contain the information prescribed by the National Regulations. 260—Proposal to make more preferable Rule (1) If, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may— (a) make, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or (b) make, and publish notice of, a final Rule determination for the proposed more preferable Rule. (2) The final Rule determination, or further draft Rule determination, and the related notice, must be published within 30 business days after the end of the period for submissions or comments on the earlier draft Rule determination. 261—Making of Rule (1) Subject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination. (2) Notice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule. (3) The AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule. 262—Operation and commencement of Rule A Rule made under section 261 commences operation on the day the relevant notice is published in the South Australian Government Gazette or on any day after that day that is provided for in the relevant notice or the Rule. 262A—Extension of trial Rule (1) Subject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date) to a later date, being a date that falls not more than the period prescribed by the National Regulations after the expiry date. (2) Before extending the expiry date of a trial Rule, the AEMC— (a) must have regard to the innovative trial principles; and (b) must consult with the AER; and (c) if the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO's operation of national energy systems and national energy markets—must consult with AEMO; and (d) may consult with any other person. (3) A request under subsection (1) must— (a) be made to the AEMC at least 60 days before the expiry date; and (b) specify the length of the extension required. (4) A notice under subsection (1) must— (b) specify the later date referred to in subsection (1). (5) The expiry date of a trial Rule may only be extended once under subsection (1). 262B—AEMC may impose requirements on proponent of trial project on making trial Rule (1) The AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent) to which the trial Rule relates. (2) Without limiting subsection (1), the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project. (3) A notice under subsection (1) must— (b) comply with any other requirements prescribed by the National Regulations. (4) A proponent to which requirements imposed under this section apply must comply with those requirements. (5) If a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may— (a) revoke the trial Rule; or (b) vary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent. 262C—AEMC may revoke trial Rule on recommendation of AER (1) The AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Part. (2) This section is in addition to, and does not limit, section 262B. 262D—Special provision for revocation of trial Rule (1) Division 1 Subdivision 2, Division 4 and Division 5 do not apply to the revocation of a trial Rule by the AEMC under section 262B(5)(a) or 262C(1). (2) As soon as practicable after revoking a trial Rule under section 262B(5)(a) or 262C(1), the AEMC must— (a) publish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and (b) publish reasons for the revocation on its website. 263—Rule that is made to be published on website and made available to the public On publication of a notice in accordance with section 261(2), the AEMC must, without delay— (a) publish the Rule on its website; and (b) make copies of the Rule available to the public at its offices. 264—AEMC must publish and make available up to date versions of Rules The AEMC must, at all times— (a) maintain, on its website, a copy of the National Energy Retail Rules, as in force from time to time; and (b) make copies of the National Energy Retail Rules, as in force from time to time, available to the public for inspection at its offices during business hours. 265—Evidence of the National Energy Retail Rules A document purporting to be a copy of— (a) the National Energy Retail Rules; or (b) the initial National Energy Retail Rules; or (c) an amendment to the initial National Energy Retail Rules or the National Energy Retail Rules, endorsed with a certificate to which the seal of the AEMC has been duly affixed certifying the document is such a copy, is evidence that the document is such a copy. Division 5—Miscellaneous provisions relating to Rule making by the AEMC 266—Extensions of periods of time in Rule making procedure (1) Despite anything to the contrary in this Part and without limiting section 267, the AEMC may, by notice, extend a period of time specified in Division 4 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Division 4 be extended. (2) A notice under subsection (1) must— (b) set out the period of time specified in Division 4 to be extended; and (c) specify a new period of time to apply in the place of the period of time specified in Division 4. (3) A notice under subsection (1) may be published at the same time as a notice under section 251. (4) The AEMC may only extend a period of time under this section before the expiry of that time. 267—AEMC may extend period of time for making of final Rule determination for further consultation (a) a person or body raises an issue in— (i) a submission or comment in relation to a draft Rule determination; or (ii) a hearing held under section 255 or 258; and (b) the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination. (2) Despite anything to the contrary in this Part and without limiting section 266, the AEMC may, by notice, extend the period of time specified in section 259 within which it must make a final Rule determination. (3) A notice under subsection (2) must— (b) specify a new period of time to apply in the place of the period of time specified in section 259; and (c) specify the issue on which the AEMC requires further public submissions and comments; and (d) invite written submissions and comments from any person or body by the date specified in the notice. (4) The new period of time must not have the effect of extending the relevant period of time specified in section 259 by more than 4 weeks. (5) The AEMC may only extend the period of time under this section before the expiry of the time specified in section 259. (6) Any person or body, within the period specified in a notice under subsection (2), may make a written submission or comment in relation to the issue specified in the notice. 268—AEMC may publish written submissions and comments unless confidential (1) Subject to this section, the AEMC may publish any information in any written submission or comment given to it under this Part unless— (a) the person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and (b) the AEMC decides that the written submission or comment contains confidential information. (2) A written submission or comment given to the AEMC under this Part that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted. (3) If information is omitted from a published written submission or comment given to the AEMC under this Part as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted. See also section 223 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia. 269—AEMC must publicly report on Rules not made within 12 months of public notification of requests (a) publishes a notice under section 251 in respect of a request for the making of a Rule; but (b) does not make a final Rule determination in respect of that request within 12 months after the publication of that notice (the report trigger date). (2) The AEMC must prepare a report on the request as soon as practicable after the report trigger date. (3) A report prepared under this section must— (a) contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 251; and (b) specify when the AEMC considers it will make the final Rule determination; and (c) be published.