sec.52Opportunity to be heard before regulatory information notice is served

sec.52 Opportunity to be heard before regulatory information notice is served

The AER, before serving a regulatory information notice, must— notify, in writing, the service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and give the service provider, or the related provider, a draft of the regulatory information notice it intends to serve. If the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1) — identify the regulatory information notice to be served as an urgent notice; and give its reasons, in writing, why the regulatory information notice to be served is an urgent notice. A regulatory information notice is an urgent notice if— under the notice the AER will require the service provider or related provider to provide information to the AER; and that requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and the AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence. A notice under subsection (1) must— invite the service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and specify the period within which the service provider, or the related provider, may make the representations. The period that must be specified in accordance with subsection (4) must be— in the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1) ; in all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1) . The AER must consider the written representations made in accordance with a notice under subsection (1) before making its decision in accordance with this Division to serve the regulatory information notice. s 52 amd 2018 No. 33 (SA) s 16 ; 2022 No. 21 (SA) s 39 (sec.52-ssec.1) The AER, before serving a regulatory information notice, must— notify, in writing, the service provider, or the related provider, on whom the AER intends to serve the regulatory information notice of its intention to do so; and give the service provider, or the related provider, a draft of the regulatory information notice it intends to serve. (sec.52-ssec.2) If the regulatory information notice to be served is an urgent notice, the AER must, in a notice under subsection (1) — identify the regulatory information notice to be served as an urgent notice; and give its reasons, in writing, why the regulatory information notice to be served is an urgent notice. (sec.52-ssec.3) A regulatory information notice is an urgent notice if— under the notice the AER will require the service provider or related provider to provide information to the AER; and that requirement has arisen because the AER considers it must deal with or address a particular matter or thing in order for it to make an AER economic regulatory decision or a rate of return instrument; and the AER considers that, having regard to the time within which it must make that AER economic regulatory decision or rate of return instrument, the time within which the AER requires the information is of the essence. (sec.52-ssec.4) A notice under subsection (1) must— invite the service provider, or the related provider, to make written representations to the AER as to whether the AER should serve the regulatory information notice on them; and specify the period within which the service provider, or the related provider, may make the representations. (sec.52-ssec.5) The period that must be specified in accordance with subsection (4) must be— in the case of an urgent notice to be served—a period of not less than 5 business days and not more than 10 business days calculated from the date of the notice under subsection (1) ; in all other cases—a period of at least 20 business days calculated from the date of the notice under subsection (1) . (sec.52-ssec.6) The AER must consider the written representations made in accordance with a notice under subsection (1) before making its decision in accordance with this Division to serve the regulatory information notice.