Section 301 - National Gas (NSW) Law - Initial consideration of request for Rule

301Initial consideration of request for Rule

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301 Initial consideration of request for Rule

(1) Subject to this Chapter, 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 appears to—

(i) contain the information prescribed by the 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

Note—

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

(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 295(1) not proceeded with, in the 12 months immediately before the date of receipt of the active request; or

(ii) another request for the making of a Rule under section 295(1) in respect of which the AEMC is taking action under this Part; 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 Part 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 Part 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 gas; or