sch.3-sec.96Making first rate of return instrument if review not completed before commencement

sch.3-sec.96 Making first rate of return instrument if review not completed before commencement

This clause applies if— the review of the 2013 non-binding guideline was not completed before the commencement of this clause; and the AER has sought advice or comment from stakeholders in relation to the review; and at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review. Chapter 2 Part 1 Division 1A Subdivision 3 does not apply in relation to making the first rate of return instrument. The independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel’s review. However, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument. sch 3 s 96 ins 2018 No. 33 (SA) s 21 (sch.3-sec.96-ssec.1) This clause applies if— the review of the 2013 non-binding guideline was not completed before the commencement of this clause; and the AER has sought advice or comment from stakeholders in relation to the review; and at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review. (sch.3-sec.96-ssec.2) Chapter 2 Part 1 Division 1A Subdivision 3 does not apply in relation to making the first rate of return instrument. (sch.3-sec.96-ssec.3) The independent panel mentioned in subclause (1)(d) must seek to give the AER a consensus report on the panel’s review. (sch.3-sec.96-ssec.4) However, a failure to give the AER a consensus report does not affect the making of the first rate of return instrument.

• (a) the review of the 2013 non-binding guideline was not completed before the commencement of this clause; and
• (b) the AER has sought advice or comment from stakeholders in relation to the review; and
• (c) at least 3 months before making the first rate of return instrument, the AER has published on its website a draft of the proposed first rate of return instrument or proposed new non-binding guideline under the Rules; and
• (d) the draft instrument or guideline has been reviewed by an independent panel consisting of at least 3 members with qualifications or experience the AER considers appropriate to conduct the review.