305“Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review

305 “Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review

305 “Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review

(1) This section applies if—

(a) a gas market regulatory body has—

(i) made a request for the making of a Rule under section 295(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 295(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 Part in respect of the request without complying with section 303(3)(a) or 307 if it is of the opinion that—

(a) in the case where the request has been made by a gas market regulatory body in the circumstances described in subsection (1)(a)—the consultation conducted by the gas market regulatory body was adequate, having regard to—

(i) the nature and content of that request; and

(ii) the kind of consultation conducted by the gas market regulatory body;

(b) in the case where a 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 301 applies to a request for the making of a Rule to which this section applies; and

(b) section 306 does not apply to a request for the making of a Rule to which this section applies.