295Initiation of making of a Rule

295 Initiation of making of a Rule

295 Initiation of making of a Rule

(1) The AEMC may make a Rule at the request of any person or the MCE.

Note—

Section 74 and Schedule 1 to this Law specify the subject matter for Rules.

(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 Regulations as a matter on which it may make a Rule on its own initiative.

(3) Despite subsection (1), a request for the making of a Rule regulating the declared system functions (other than the functions specified in section 91BA(1)(f) and (g)) may only be made by—

AEMO; or

a service provider for a declared transmission system that is a party to a service envelope agreement with AEMO; or

the Minister of an adoptive jurisdiction.

(4) The AEMC may only make a Rule that has effect with respect to an adoptive jurisdiction if satisfied that the proposed Rule is compatible with the proper performance of AEMO’s declared system functions.

(5) The AEMC may only make a Rule that affects the allocation of powers, functions and duties between AEMO and a service provider for a declared transmission system if—

(a) AEMO consents to the making of the Rule; or

(b) the Rule is requested by the Minister of the relevant adoptive jurisdiction.

s 295: Am 2009 No 30, sec 40; 2021 No 3, sec 53.