Part 1AEnforceable undertakings

Part 1A—Enforceable undertakings 230A—Enforceable undertakings (1) The AER may accept a written undertaking given by a person for the purposes of this section in connection with a matter in relation to which the AER has a function or power under this Law or the Rules. (2) A person may withdraw or vary the undertaking at any time, but only with the consent of the AER. (3) If the AER considers that the person who gave the undertaking has breached any of its terms, the AER may apply to the Court for an order under subsection (4). (4) If the Court is satisfied that the person has breached a term of the undertaking, the Court may make any or all of the following orders: (a) an order directing the person to comply with that term of the undertaking; (b) an order directing the person to pay the Commonwealth an amount up to the amount of any financial benefit that the person has obtained directly or indirectly and that is attributable to the breach; (c) an order that the Court considers appropriate directing the person to compensate any other person who has suffered loss or damage as a result of the breach; (d) any other order that the Court considers appropriate. Part 2—Proceedings for breaches of this Law, Regulations, the Rules or the Procedures 231—AER proceedings for breaches of this Law, Regulations or the Rules that are not offences (1) The Court may make an order, on application by the AER on behalf of the Commonwealth, declaring that a person has breached a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision. A Supreme Court of a participating jurisdiction that is a State may hear an application by the AER under subsection (1) by operation of section 39(2) of the Judiciary Act 1903 of the Commonwealth. (2) If the order declares a person has breached a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision, the order may include 1 or more of the following: (a) an order that the person pay a civil penalty determined in accordance with this Law, the Regulations and the Rules if the breach is a breach of a civil penalty provision; (b) an order that the person cease, within a specified period, the act, activity or practice constituting the breach; (c) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; (d) an order that the person implement a specified program for compliance with this Law, the Regulations, the Rules and the Procedures; (da) an order that the person perform a specified service that relates to the breach and that is for the benefit of the community or a section of the community; (db) an order that the person, at the person's expense, engage— (i) another person specified in the order; or (ii) another person in a class of persons specified in the order, to perform a service that is specified in the order and that relates to the breach and that is for the benefit of the community or a section of the community; (dc) an order to ensure that the person does not engage in further conduct of the same nature, or similar or related conduct, during the period of the order (which cannot exceed 3 years), including— (i) an order that the person establish a compliance program or an education and training program for employees or other persons involved in the person's business, being a program designed to ensure their awareness of the responsibilities and obligations in relation to the conduct constituting the breach, or similar or related conduct; or (ii) an order that the person revise the internal operations of the person's business that led to the person committing the breach; (dd) an order that the person— (i) disclose, in the way and to the persons specified in the order, specified information, being information that the person has possession of or access to; and (ii) publish, at the person's expense and in the way specified in the order, an advertisement in the terms specified in, or determined in accordance with, the order; (e) an order of a kind prescribed by the Regulations. (2a) An order under paragraph (db) of subsection (2) is not enforceable against a person mentioned in paragraph (db)(i) or (ii). (3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a provision of this Law, the Regulations, the Rules or the Procedures that is not an offence provision, the Court may, on application by the AER on behalf of the Commonwealth, grant an injunction— (a) restraining the person from engaging in the conduct; and (b) if, in the Court's opinion, it is desirable to do so—requiring the person to do something. (4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind. 232—Proceedings for declaration that a person has breached a conduct provision (1) The Court may make an order, on application by a person other than the AER, declaring that another person has breached a conduct provision. (2) If the order declares a person has breached a conduct provision, the order may include 1 or more of the following: (a) an order that the person cease, within a specified period, the act, activity or practice constituting the breach; (b) an order that the person take such action, or adopt such practice, as the Court requires for remedying the breach or preventing a recurrence of the breach; (c) an order that the person implement a specified program for compliance with this Law, the Regulations and the Rules; (d) an order of a kind prescribed by the Regulations. (3) If a person has engaged, is engaging or is proposing to engage in any conduct in breach of a conduct provision, the Court may, on application by another person (other than the AER), grant an injunction— (a) restraining the first mentioned person from engaging in the conduct; and (b) if, in the Court's opinion, it is desirable to do so—requiring the first mentioned person to do something. (4) The power of the Court under subsection (3) to grant an injunction restraining a person from engaging in conduct of a particular kind may be exercised— (a) if the Court is satisfied that the person has engaged in conduct of that kind—whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) if it appears to the Court that, if an injunction is not granted, it is likely that the person will engage in conduct of that kind—whether or not the person has previously engaged in conduct of that kind and whether or not there is an imminent danger of substantial damage to any person if the person engages in conduct of that kind. 233—Actions for damages by persons for breach of conduct provision A person other than the AER who suffers loss or damage by conduct of another person that was done in breach of a conduct provision may recover the amount of the loss or damage by action against that other person in a court of competent jurisdiction. Part 3—Matters relating to breaches of this Law, the Regulations or the Rules 234—Matters for which there must be regard in determining amount of civil penalty Every civil penalty ordered to be paid by a person declared to have breached a provision of this Law, the Regulations or the Rules must be determined having regard to all relevant matters, including— (a) the nature and extent of the breach; and (b) the nature and extent of any loss or damage suffered as a result of the breach; and (ba) without limiting the operation of section 3A(1)(c)(ii)(B) or (C)—the value of any benefit reasonably attributable to the breach that the person or, in the case of a body corporate, any related body corporate, has obtained, directly or indirectly; and (c) the circumstances in which the breach took place; and (d) whether the person has engaged in any similar conduct and been found to have breached a provision of this Law, the Regulations or the Rules in respect of that conduct; and (e) whether the service provider had in place a compliance program approved by the AER or required under the Rules, and if so, whether the service provider has been complying with that program. 235—Breach of a civil penalty provision is not an offence A breach of a civil penalty provision is not an offence. 236—Breaches of civil penalty provisions involving continuing failure For the purpose of determining the civil penalty for a breach of a civil penalty provision, if the breach consists of a failure to do something that is required to be done, the breach is to be regarded as continuing until the act is done despite the fact that any period within which, or time before which, the act is required to be done has expired or passed. 237—Conduct in breach of more than 1 civil penalty provision (1) If the conduct of a person constitutes a breach of 2 or more civil penalty provisions, proceedings may be instituted under this Law against the person in relation to the breach of any 1 or more of those provisions. (2) However, the person is not liable to more than 1 civil penalty under this Law in respect of the same conduct. Clause 49 of Schedule 2 to this Law sets out further provisions in relation to double jeopardy. 238—Persons involved in breach of civil penalty provision or conduct provision (1) A person must not— (a) aid, abet, counsel or procure a breach of a civil penalty provision or conduct provision by another person; or (b) be in any way directly or indirectly knowingly concerned in, or party to, a breach of a civil penalty provision or conduct provision by another person. (2) This Law applies to a person who breaches subsection (1) in relation to a civil penalty provision or conduct provision as if the person were a person who has breached the civil penalty provision or conduct provision. 239—Attempt to breach a civil penalty provision A person who attempts to commit a breach of a civil penalty provision commits a breach of that provision. 240—Civil penalties payable to the Commonwealth If a person is ordered to pay a civil penalty, the penalty is payable to the Commonwealth. Part 4—Judicial review of decisions under this Law, the Regulations and the Rules 241—Definition person aggrieved includes a person whose interests are adversely affected. 242—Applications for judicial review of decisions of the AEMC (1) A person aggrieved by— (a) a decision or determination of the AEMC under this Law, the Regulations or the Rules; or (b) a failure by the AEMC to make a decision or determination under this Law, the Regulations or the Rules; or (c) conduct engaged in, or proposed to be engaged in, by the AEMC for the purpose of making a decision or determination under this Law, the Regulations or the Rules, may apply to the Court for judicial review of the decision or determination, failure or conduct or proposed conduct. The AER is subject to judicial review under the Administrative Decisions (Judicial Review) Act 1977 of the Commonwealth. (2) Unless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of the decision or determination referred to in that subsection or prevent the taking of action to implement the decision or determination. 243—Applications for judicial review of AEMO's decisions (1) A person aggrieved by— (a) a decision or determination of AEMO under this Law, the Rules or the Procedures; or (b) a failure by AEMO to make a decision or determination under this Law, the Rules or the Procedures; or (c) conduct engaged in, or proposed to be engaged in, by AEMO for the purpose of making a decision or determination under this Law, the Rules or the Procedures, may apply to the Court for judicial review of the decision or determination, failure, or conduct or proposed conduct. (2) Unless the Court otherwise orders, the making of an application to the Court under subsection (1) does not affect the operation of a decision or determination to which the application relates or prevent the taking of action to implement the decision or determination. Part 5—Merits review and other non-judicial review 244—Definitions applicant means— (b) a person who makes an application under section 263; information disclosure decision means— (a) a decision to disclose information made by the AER under section 329; or (b) a decision to disclose information made by AEMO under section 91GH. review under this Part means a review under Division 3. Division 3—Tribunal review of information disclosure decisions 263—Application for review (1) A person whose interests are adversely affected by an information disclosure decision may apply to the Tribunal for a review of the decision. (2) An application must be made in the form and manner determined by the Tribunal. (3) An application may only be made on the ground that— (a) the decision was not made in accordance with law; or (b) the decision is unreasonable having regard to all relevant circumstances. (4) The person must lodge the notice with the Tribunal no later than 5 business days after the date of the last notice given under section 91GH or section 329 (as the case requires). (5) An application under this section stays the operation of the decision until the earlier of— (a) 20 business days; or (b) the making of a determination by the Tribunal in respect of the application. 264—Exclusion of public in certain cases On the application of a party to a review under this Division, the Tribunal may conduct the review in the absence of the public. 265—Determination in the review (1) Subject to this Part, on receipt of an application under section 263, the Tribunal must make a determination in respect of the application. (2) A determination under this section must only— (a) affirm the information disclosure decision; or (b) forbid disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates; or (c) restrict, as specified in the determination, the intended disclosure by the AER or AEMO of the information or document to which the information disclosure decision relates. (3) For the purposes of making a determination of the kind in subsection (2)(a), the Tribunal may perform all the functions and exercise all the powers of the AER or AEMO (as the case requires) under this Law or the Rules. (4) A determination by the Tribunal affirming the information disclosure decision, or forbidding or restricting disclosure of information, is, for the purposes of this Law (other than this Part), to be taken to be a decision of the AER or AEMO (as the case requires). 266—Tribunal must be taken to have affirmed decision if decision not made within time (1) This section applies if the Tribunal does not make a determination under section 265 within 20 business days after an application is lodged under section 263. (2) The Tribunal must be taken to have made a determination under section 265 affirming the information disclosure decision to which the application relates. 267—Assistance from AER or AEMO The member of the Tribunal presiding in the review may require the AER or AEMO (as the case requires) to give information, to make a report or to give other assistance for the purposes of the review. Division 4—General 268—Costs in a review (1) Subject to this section, the Tribunal may order that a party to a review under this Part pay all or a specified part of the costs of another party to the review. (2) The Tribunal must not make an order requiring the AER or AEMO to pay the costs of another party to the review unless the Tribunal considers that the AER or AEMO has conducted their case in the review without due regard to— (a) the costs that would have to be incurred by another party to the review as a result of that conduct; or (b) the time required by— (i) the Tribunal to hear the review as a result of that conduct; or (ii) another party to prepare their case as a result of that conduct. 269—Amount of costs (1) If the Tribunal makes an order for costs in a review under this Part, the Tribunal may in that order fix the amount of costs payable by a party to the review on— (a) a party and party basis; or (b) a solicitor and client basis; or (c) an indemnity basis; or (d) any other basis as the Tribunal may decide. Part 5A—Dispute resolution under the Rules 270B—Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels (1) Subject to the modifications prescribed by the Regulations, the procedural provisions of the Commercial Arbitration Act of this jurisdiction apply to the hearing of a rule dispute and decisions or determinations of a Dispute resolution panel. procedural provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section. 270C—Appeals on questions of law from decisions or determinations of Dispute resolution panels (1) A person who is a party to a rule dispute may appeal to the Court, on a question of law, against— (a) a decision or determination of a Dispute resolution panel; or (b) a decision that is classified under the Rules as an appealable decision. (2) Subject to the modifications prescribed by the Regulations, the review provisions of the Commercial Arbitration Act of this jurisdiction apply to the decision or determination under appeal. review provisions of the Commercial Arbitration Act of this jurisdiction means the provisions prescribed by the Regulations for the purposes of this section. Part 6—Enforcement of access determinations 271—Enforcement of access determinations (1) If the Court is satisfied, on the application of a party to an access determination, that another party to the determination has engaged, is engaging, or is proposing to engage in conduct that constitutes a contravention of the determination, the Court may make all or any of the following orders: (a) an order granting an injunction on such terms as the Court thinks appropriate— (i) restraining the other party from engaging in the conduct; or (ii) if the conduct involves refusing or failing to do something—requiring the other party to do that thing; (b) an order directing the other party to compensate the applicant for loss or damage suffered as a result of the contravention; (c) any other order that the Court thinks appropriate. (2) The revocation of an access determination does not affect any remedy under subsection (1) in respect of a contravention of the determination that occurred when the determination was in force. (3) If the Court has power under subsection (1) to grant an injunction restraining a person from engaging in particular conduct, or requiring a person to do anything, the Court may make any other orders (including granting an injunction) that it thinks appropriate against any other person who was involved in the contravention concerned. (4) A reference in this section to a person involved in the contravention is a reference to a person who has— (a) aided, abetted, counselled or procured the contravention; or (b) induced the contravention, whether through threats or promises or otherwise; or (c) been in any way (directly or indirectly) knowingly concerned in or a party to the contravention; or (d) conspired with others to effect the contravention. 272—Consent injunctions On an application for an injunction under section 271, the Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied that the section applies. 273—Interim injunctions The Court may grant an interim injunction pending determination of an application under section 271. 274—Factors relevant to granting a restraining injunction The power of the Court to grant an injunction under section 271 restraining a person from engaging in conduct may be exercised whether or not— (a) it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind; or (b) the person has previously engaged in conduct of that kind; or (c) there is an imminent danger of substantial damage to any person if the first mentioned person engages in conduct of that kind. 275—Factors relevant to granting a mandatory injunction The power of the Court to grant an injunction under section 271 requiring a person to do a thing may be exercised whether or not— (a) it appears to the Court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or (b) the person has previously refused or failed to do that thing; or (c) there is an imminent danger of substantial damage to any person if the first mentioned person refuses or fails to do that thing. 276—Discharge or variation of injunction or other order The Court may discharge or vary an injunction or order granted under this Part. Part 7—Infringement notices 277—Power to serve notice (1) The AER may serve an infringement notice on a person if the AER believes on reasonable grounds that the person has breached a civil penalty provision. (2) The AER must, however, serve an infringement notice not later than 12 months after the date on which the AER forms a belief that there has been a breach of a civil penalty provision. (3) An infringement notice may be served on a natural person— (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person to their usual or last known place of residence or business. (4) An infringement notice may be served on a person that is a body corporate— (a) by delivering it personally to the registered office or usual or last known place of business of the body corporate; or (b) by sending it by post addressed to the body corporate to its registered office or usual or last known place of business. 278—Form of notice An infringement notice must state— (a) the date of the notice; (b) that the alleged breach is a breach of the civil penalty provision; (c) the nature, and a brief description, of the alleged breach; (d) the date, time and place of the alleged breach; (e) the infringement penalty for the alleged breach; (f) the manner in which the infringement penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, proceedings will not be instituted in respect of the alleged breach by the AER unless the notice is withdrawn before the end of that time in accordance with section 282; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the civil penalty provision; (j) any other particulars prescribed by the Regulations. 279—Infringement penalties (1) In this section— tier 1 civil penalty provision means a provision with a civil penalty determined under section 3A(1)(c); tier 2 civil penalty provision means a provision with a civil penalty determined under section 3A(1)(b); tier 3 civil penalty provision means a provision with a civil penalty determined under section 3A(1)(a). (2) The infringement penalty for a breach of a civil penalty provision is— (a) in the case of a tier 3 civil penalty provision— (i) if the breach is alleged to have been committed by a natural person—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; (ii) if the breach is alleged to have been committed by a body corporate— (A) if the AER makes a determination under subsection (3)—$6 790 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; or (B) in any other case—$33 900 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; (b) in the case of a tier 2 or tier 1 civil penalty provision— (i) if the breach is alleged to have been committed by a natural person—$13 600 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision; (ii) if the breach is alleged to have been committed by a body corporate—$67 800 or any lesser amount that is prescribed by the Regulations in relation to the civil penalty provision. (3) In the case of a body corporate that is not a listed corporation or a body corporate that is subject to the infringement penalty by virtue only of being a related body corporate, the AER may, in a particular case, determine that the infringement penalty to be included in an infringement notice to be issued to the body corporate in relation to an alleged breach of a tier 3 civil penalty provision will be the amount applying under subsection (2)(a)(ii)(A) if the AER considers this to be an appropriate course of action after taking into account— (a) the nature of the alleged breach; and (b) the degree of financial impact on the body corporate if the higher infringement penalty under subsection (2)(a)(ii)(B) were to be imposed; and (c) the extent to which the imposition of the higher infringement penalty would appear to be excessive in the circumstances; and (d) any other matter considered relevant by the AER. See Schedule 2 clause 47A, which provides for the amounts specified in this section to be adjusted every 3 years to reflect movements in the consumer price index. The adjusted amounts are published on the AER's website. 280—AER cannot institute proceedings while infringement notice on foot On serving an infringement notice under this Part, the AER must not institute a proceeding in respect of the breach for which the infringement notice was served if— (a) the time for payment stated in the infringement notice has not expired; and (b) the infringement notice has not been withdrawn by the AER in accordance with section 282. 281—Late payment of penalty The AER may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if— (a) a proceeding has not been instituted in respect of the breach to which the infringement penalty relates; and (b) the infringement notice has not been withdrawn by the AER in accordance with section 282. 282—Withdrawal of notice (1) The AER may withdraw an infringement notice at any time before the end of the time for payment specified in the notice by serving a withdrawal notice on the person served with the infringement notice. (2) A withdrawal notice may be served on a natural person— (a) by delivering it personally to the person; or (b) by sending it by post addressed to the person to their usual or last known place of residence or business. (3) A withdrawal notice may be served on a person that is a body corporate— (a) by delivering it personally to the registered office or usual or last known place of business of the body corporate; or (b) by sending it by post addressed to the body corporate to its registered office or usual or last known place of business. (4) An infringement notice may be withdrawn even if the infringement penalty has been paid. 283—Refund of infringement penalty If an infringement notice is withdrawn in accordance with section 282, the amount of any infringement penalty paid must be refunded by the AER. 284—Payment expiates breach of civil penalty provision No proceedings may be taken by the AER against a person on whom an infringement notice was served in respect of an alleged breach of a civil penalty provision if— (a) the infringement penalty is— (i) paid within the time for payment stated in the notice; and (ii) not withdrawn by the AER within the time for payment stated in the notice in accordance with section 282; or (b) the infringement penalty is accepted in accordance with section 281. 285—Payment not to have certain consequences The payment of an infringement penalty under this Part is not and must not be taken to be an admission of a breach of a civil penalty provision or an admission of liability for the purpose of any proceeding instituted in respect of the breach. 286—Conduct in breach of more than 1 civil penalty provision (1) If the conduct of a person constitutes a breach of 2 or more civil penalty provisions, an infringement notice may be served on the person under this Part in relation to the breach of any 1 or more of those provisions. (2) However, the person is not liable to pay more than 1 infringement penalty in respect of the same conduct. Part 8—Further provision for corporate liability for breaches of this Law etc 287—Definition breach provision means an offence provision, a civil penalty provision or a conduct provision. 288—Offences and breaches by corporations (1) If a corporation contravenes a breach provision, each officer of the corporation is to be taken to have contravened the breach provision if the officer knowingly authorised or permitted the contravention or breach. (2) An officer of a corporation may be proceeded against under a breach provision pursuant to this section whether or not the corporation has been proceeded against under the provision. (3) Nothing in this section affects the liability of a corporation for a contravention of a breach provision. 289—Corporations also in breach if officers and employees are in breach If an officer or employee of a corporation commits an act, which is within the scope of the actual or apparent authority of the officer or employee, that would, if that act were committed by the corporation, constitute a breach of a provision of this Law, the Regulations or the Rules, that corporation is to be taken to have contravened that provision. Chapter 9—The making of the National Gas Rules 290—Definitions In this Chapter— AEMC initiated Rule means a Rule of the kind referred to in section 295(2); AEMC Rule review means a review conducted by the AEMC under Chapter 2 Part 2 Division 5; gas market regulatory body means— (b) AEMO; (c) the ERA; (d) REMCo; (e) a person or body prescribed by Regulation to be a gas market regulatory body; GMCo means the Gas Market Company Ltd (ACN 095 400 258); market initiated proposed Rule means a request for a Rule, including a trial Rule, made under section 295(1) in respect of which the AEMC publishes a notice under section 303; more preferable Rule has the meaning given by section 296; non-controversial Rule means a Rule that is unlikely to have a significant effect on a market for gas or the regulation of pipeline services; proposed Rule means— (a) a market initiated proposed Rule; or (b) a proposal for an AEMC initiated Rule; or (c) a proposed more preferable Rule; publish means— (a) in relation to a notice required to be published under this Chapter (except section 294 or 315)—publish in the South Australian Government Gazette and on the AEMC's website; (b) in relation to a decision under section 301(2)—publish on the AEMC's website and make available at the offices of the AEMC; (c) in relation to a proposed Rule referred to in section 303 and any other documents prescribed by the Regulations in relation to a proposed Rule referred to in section 303—publish on the AEMC's website and make available at the offices of the AEMC; (d) in relation to a draft Rule determination or final Rule determination—publish on the AEMC's website and make available at the offices of the AEMC; (da) in relation to a notice setting out requirements imposed under section 314B—publish on the AEMC's website; (e) in relation to any submissions or comments received by the AEMC under this Chapter—subject to section 319, publish on the AEMC's website and make available at the offices of the AEMC; (f) in relation to a report prepared under section 320—publish on the AEMC's website and make available at the offices of the AEMC; REMCo means the Retail Energy Market Company Ltd (ACN 103 318 556); trial Rule means a Rule for the purposes of a trial project; urgent Rule means a Rule relating to any matter or thing that, if not made as a matter of urgency, will result in that matter or thing imminently prejudicing or threatening— (a) the effective operation or administration of a regulated gas market operated and administered by AEMO; or (b) the supply of gas. Division 2—Rule making tests 291—Application of national gas objective (1) The AEMC may only make a Rule if it is satisfied that the Rule will or is likely to contribute to the achievement of the national gas objective. (2) For the purposes of subsection (1), the AEMC may give such weight to any aspect of the national gas objective as it considers appropriate in all the circumstances, having regard to any relevant MCE statement of policy principles. 292—AEMC must take into account form of regulation factors in certain cases In addition to complying with sections 291 and 293, the AEMC must take into account the form of regulation factors and any other matter the AEMC considers relevant— (a) in making a Rule that— (i) specifies a pipeline service as a reference service; or (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service; or (b) in revoking a Rule that has been made or is in force that— (i) specifies a pipeline service as a reference service; or (ii) confers a function or power on the AER to specify under an access arrangement decision approving or making an access arrangement a pipeline service (to which the relevant applicable access arrangement applies) as a reference service. 293—AEMC must take into account revenue and pricing principles in certain cases In addition to complying with sections 291 and 292, the AEMC must take into account the revenue and pricing principles in making a Rule for or with respect to any matter or thing specified in items 45 to 53 of Schedule 1 to this Law. 293A—AEMC must take into account innovative trial principles in certain cases In addition to complying with sections 291 to 293, the AEMC must take into account the innovative trial principles in making a trial Rule. Part 2—Minister initiated National Gas Rules Division 1—Initial Rules made by Minister 294—South Australian Minister to make initial National Gas Rules (1) The Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia may make Rules for or with respect to— (a) any matter or thing referred to in section 74 and Schedule 1 to this Law; (b) matters of a transitional nature relating to the transition from the old access law and Gas Code to the application of this Law and the Rules. (2) In subsection (1)— matters of a transitional nature include matters of an application or savings nature. (3) As soon as practicable after making Rules under subsection (1), the Minister referred to in that subsection must— (4) Section 74(3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC. (5) The notice referred to in subsection (3)(a) must state— (6) The Rules made under subsection (1) may only be made on the recommendation of the MCE. (7) If the Minister referred to in subsection (1) makes Rules under that subsection, the Minister cannot make another Rule under that subsection. 294A—South Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister)— (a) may make Rules on any 1 or more of the following subjects: (i) AEMO's statutory functions (including the declared system functions); (ii) the subject matter of a new head of power added to Schedule 1 by the AEMO amendments; (iii) any other subject contemplated by, or consequential on, the AEMO amendments; and (b) may make Wholesale Market Procedures and Retail Market Procedures. (2) Rules or Procedures may only be made under subsection (1) on the recommendation of the MCE. (4) Section 91BM(3) and section 91MA(3) apply respectively to Wholesale Market Procedures and Retail Market Procedures made under subsection (1) in the same way as they apply to Procedures made by AEMO. (5) As soon as practicable after making Rules or Procedures under subsection (1), the South Australian Minister must— (a) publish notice of the making of the Rules or Procedures in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, the various dates of commencement; and (b) make the Rules or Procedures publicly available. (6) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5)(a) or this subsection. (7) Once the first Rules have been made under subsection (1), no further Rules can be made under that subsection and once the first Procedures have been made for a particular market, no further Procedures for that market can be made under subsection (1). (8) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. 294B—South Australian Minister to make initial Rules related to AEMO's declared STTM functions (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister) may make Rules on any 1 or more of the following subjects: (a) AEMO's STTM functions; (b) the subject matter of a new head of power added to Schedule 1 by the STTM amendments; (c) any other subject contemplated by, or consequential on, the STTM amendments. (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and (5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4)(a) or this subsection. (7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. 294C—South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister) may— (a) make Rules for or with respect to the following: (i) retail support obligations between service providers and retailers; (ii) credit support arrangements between service providers and retailers; (iii) the connection of premises of retail customers; (iv) any other matter consequential on the making of the National Energy Retail Law or the National Energy Retail Rules or on the application of that Law or those Rules in a participating jurisdiction; and (b) make Retail Market Procedures. (2) The South Australian Minister may make Rules or Retail Market Procedures that amend the Rules or Retail Market Procedures (as the case requires) made under subsection (1) for any purpose that is necessary or consequential on the application of the National Energy Retail Law or the National Energy Retail Rules in a participating jurisdiction. (3) Section 74(3) applies to Rules made under this section in the same way as it applies to Rules made by the AEMC. (4) As soon as practicable after making Rules or Retail Market Procedures under this section, the South Australian Minister must— (a) publish notice of the making of the Rules or Procedures in the South Australian Government Gazette; and (b) make the Rules or Procedures publicly available. (a) the date on which the Rules or Retail Market Procedures commence operation; or (b) if different Rules or Procedures will commence operation on different dates, those dates. (6) Rules or Retail Market Procedures may only be made under this section on the recommendation of the MCE. (7) Rules or Retail Market Procedures cannot be made under this section once any one of the participating jurisdictions applies the National Energy Retail Law as a law of that jurisdiction. (8) A reference in this section to Retail Market Procedures includes a reference to RoLR Procedures within the meaning of Part 6 of the National Energy Retail Law. 294CA—South Australian Minister may make consequential Rules relating to rate of return instrument (1) The South Australian Minister may make Rules that revoke or amend a Rule if the revocation or amendment is consequential on the enactment of the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018. (2) Without limiting subsection (1), the South Australian Minister may make a Rule providing that the rate of return on capital under a rate of return instrument in force at the start of a regulatory period applies throughout the period. (3) Section 74(3) applies to Rules made under this section in the same way it applies to Rules made by the AEMC. (4) As soon as practicable after making Rules under this section, the South Australian Minister must— (a) the date on which the Rules commence operation; and (6) Rules may only be made under this section on the recommendation of the MCE. regulatory period means the period specified in an applicable access arrangement to be the regulatory period; South Australian Minister means the Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia. 294D—South Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister) may make Rules on any 1 or more of the following subjects: (a) AEMO's gas trading exchange functions; (b) the subject matter of a new head of power added to Schedule 1 by the GTE amendments; (c) any other subject contemplated by, or consequential on, the GTE amendments. (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and (5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4)(a) of this subsection. (7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. 294DA—South Australian Minister to make initial Rules relating to the capacity reforms (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister)— (a) may make Rules for or with respect to any one or more of the following subjects: (i) the capacity auction functions of AEMO, the operation of a capacity auction and the activities of transportation service providers and transportation facility users in connection with a capacity auction; (ii) transaction support arrangements; (iii) access to and the provision of operational transportation services; (iv) the making and amendment of an Operational Transportation Service Code; (v) the standard market timetable and the standard gas day; (vi) the collection, use, disclosure, copying, recording, management and publication of information in relation to secondary capacity transactions; (vii) the collection, use, disclosure, copying, recording, management and publication of information in relation to natural gas or natural gas services from a person who determines the allocation of deliveries or receipts of natural gas; (viii) the matters referred to in sections 83B, 83C, 228E and 228I; (ix) the buying and selling of transportation capacity through the gas trading exchange; (x) the subject matter of a new head of power added to Schedule 1 by the Capacity Trading and Auction amendments; (xi) any other subject contemplated by, or consequential on, the Capacity Trading and Auction amendments; and (b) may make Rules that revoke or amend a Rule as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a); and (c) may make Rules that require a contract (including a contract made in accordance with an access arrangement or an access determination) to be amended as a consequence of the enactment of the Capacity Trading and Auction amendments and any of the Rules referred to in paragraph (a) or (b); and (d) may make an Operational Transportation Service Code. (2) Rules or an Operational Transportation Service Code may only be made under subsection (1) on the recommendation of the MCE. (3) Section 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. (4) As soon as practicable after making Rules or an Operational Transportation Service Code under subsection (1), the South Australian Minister must— (a) publish notice of the making of the Rules or Code in the South Australian Government Gazette; and (b) make the Rules or Code publicly available. (a) the date on which the Rules or Code commence operation; or (b) if different Rules or provisions of the Code will commence operation on different dates, those dates. (6) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5). (8) Once the first Operational Transportation Service Code has been made under subsection (1), no further Operational Transportation Service Code can be made under that subsection. (9) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. (10) In this section— Capacity Trading and Auction amendments means the amendments made to this Law by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018. 294E—South Australian Minister to make initial Rules relating to Energy Consumers Australia (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister) may make Rules— (a) for or with respect to Energy Consumers Australia (including provisions for its funding); and (b) for or with respect to any other subject contemplated by, or consequential on, the ECA amendments; and (c) that revoke or amend a Rule as a consequence of the enactment of the ECA amendments. (2) Section 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. (3) As soon as practicable after making Rules under subsection (1), the South Australian Minister must— (4) The notice referred to in subsection (3)(a) must state— (5) The Rules made under subsection (1) may only be made on the recommendation of the MCE. 294EA—South Australian Minister to make initial Rules relating to regulatory sandboxing (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister) may make Rules— (a) for or with respect to— (i) the regulatory sandboxing amendments; and (ii) any other subject contemplated by, or necessary or expedient for the regulatory sandboxing amendments; and (b) that revoke or amend a Rule as a consequence of the enactment of the regulatory sandboxing amendments. (2) Section 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. (3) As soon as practicable after making Rules under this section, the South Australian Minister must— (4) The notice referred to in subsection (3)(a) must state— (5) Rules may only be made under subsection (1) on the recommendation of the MCE. (7) In this section— regulatory sandboxing amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Regulatory Sandboxing) Act 2022. 294F—South Australian Minister to make initial Rules relating to access to non‑scheme pipelines (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia (the South Australian Minister) may make Rules on any 1 or more of the following subjects: (a) access proposals, access disputes and arbitrations under Chapter 6A; (b) the subject matter of a new head power added to Schedule 1 by the Pipelines Access/Arbitration amendments; (c) any other subject contemplated by, or consequential on, the Pipelines Access/Arbitration amendments. (4) As soon as practicable after making Rules under subsection (1), the South Australian Minister must— (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and (b) making the Rules publicly available. (5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4)(a) or this subsection. (7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. Pipelines Access/Arbitration amendments means the amendments made to this Law by the National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017. 294FA—South Australian Minister to make initial Rules relating to enhanced market transparency (1) The Minister in right of the Crown of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 (the South Australian Minister) may make Rules— (a) for or with respect to any 1 or more of the following subjects: (i) the AER gas price reporting functions; (ii) the Natural Gas Services Bulletin Board; (iii) the collection and use of information for, or the content of, the gas statement of opportunities; (iv) the subject matter of a new head power added to Schedule 1 by the market transparency amendments; (v) any other subject contemplated by, or consequential on, the market transparency amendments; and (b) that revoke or amend a Rule as a consequence of the market transparency amendments and any of the Rules referred to in paragraph (a). (3) Section 74(3) applies to the Rules made under subsection (1) in the same way as it applies to Rules made by the AEMC. (a) publish a notice of the making of the Rules in the South Australian Government Gazette; and (a) the date on which the Rules commence operation; and (6) The Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5). (8) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. (9) In this section— market transparency amendments means the amendments made to this Law by the National Gas (South Australia) (Market Transparency) Amendment Act 2022. 294FB—South Australian Minister to make initial Rules relating to pipeline regulation (1) The South Australian Minister may make Rules on any 1 or more of the following subjects: (a) scheme pipeline determinations, scheme pipeline revocation determinations, scheme pipeline elections, greenfields incentive determinations, greenfields price protection determinations, monitoring of service providers, general requirements for the provision of pipeline services, information disclosure requirements, access negotiations and access disputes; (b) the subject matter of a new head of power added to Schedule 1, or an existing head of power amended, by the Gas Pipelines amendments; (c) any other subject contemplated by, or consequential on, the Gas Pipelines amendments. (a) publish notice of the making of the Rules in the South Australian Government Gazette stating the date of commencement or, if they commence at different times, various dates of commencement; and (5) The South Australian Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (4)(a) or this subsection. (7) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. Gas Pipelines amendments means the amendments made by the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 and the amendments to the National Gas (South Australia) Regulations by regulations that are expressed to be made in connection with the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022. 294FC—South Australian Minister to make initial Rules relating to national gas objective (1) The South Australian Minister may, within 9 months after the commencement of this section— (a) make Rules for or with respect to any matter or thing necessary or expedient to implement the amended objective; and (b) make Rules for or with respect to any other subject contemplated by, or necessary or expedient for implementing, the amended objective; and (c) make Rules that revoke or amend a Rule as a consequence of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia. (2) Rules in the nature of a derogation may be made under subsection (1) even though there may not have been a request for a derogation. (3) Section 74(3) applies to the making of Rules under subsection (1) as if the Rules being made under subsection (1) were Rules being made by the AEMC. (6) The Rules made under subsection (1) may only be made on the recommendation of the MCE. (7) If the South Australian Minister makes Rules under subsection (1), the Minister cannot make another Rule under that subsection. amended objective means the national gas objective as in force on the commencement of this section. 294FD—South Australian Minister to make initial Rules relating to other gases (1) The South Australian Minister may make Rules— (a) for or with respect to— (i) the other gas amendments; and (ii) any other subject contemplated by, or necessary or expedient for, the other gas amendments; and (b) that revoke or amend a Rule as a consequence of the enactment of the other gas amendments. (2) Rules may only be made under this section on the recommendation of the MCE. (3) Section 74(3) applies to Rules made under this section in the same way as it applies to a Rule made by the AEMC. (4) As soon as practicable after making Rules under this section, the South Australian Minister must— (a) publish a notice of the making of the Rules and the date the Rules commence in the South Australian Government Gazette; and (6) The Minister may, by a later notice published in the South Australian Government Gazette, vary a commencement date fixed under subsection (5). (7) Once the first Rules have been made, no further Rules can be made under this section. (8) Rules in the nature of a derogation may be made under this section even though no request has been made for the derogation. (9) In this section— other gas amendments means the amendments made to this Law by the Statutes Amendment (National Energy Laws) (Other Gases) Act 2023. 294FE—South Australian Minister to make initial Rules relating to wholesale market monitoring matters (1) The South Australian Minister may make Rules for the following: (a) the making of— (i) market monitoring information orders; and (ii) wholesale market monitoring guidelines; (b) the way the AER consults— (i) on the wholesale market monitoring guidelines under section 30AT(3); and (ii) the public, under section 30AM, before making a market monitoring information order. (2) The Rules made under subsection (1) may only be made on the recommendation of the MCE. (3) Section 74(3) applies to Rules made under subsection (1) in the same way as it applies to Rules being made by the AEMC. Division 2—Rules made by Minister from time to time 294G—South Australian Minister may make Rules on recommendation of MCE and Energy Security Board (1) The South Australian Minister may make Rules recommended by the MCE in accordance with subsection (2). (2) The MCE may only recommend the making of Rules under subsection (1) if— (a) the Rules are for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law; and (b) the Energy Security Board has recommended to the MCE that it recommend the making of the Rules under subsection (1). (3) The Energy Security Board may only make a recommendation for the purposes of subsection (2)(b) in relation to Rules if— (a) the Rules are in connection with energy security and reliability of the NEM or long‑term planning— (i) for the NEM; or (ii) in relation to investment in, and operation and use of, covered gas services; and (b) the Energy Security Board is satisfied that the Rules are consistent with the national gas objective; and (c) the Energy Security Board has undertaken consultation on the Rules in accordance with any requirements determined by the MCE. (4) Rules in the nature of a derogation may be made under this section even though there may not have been a request for a derogation. (5) Section 74(3) applies to Rules made under subsection (1) in the same way as that section applies to Rules made by the AEMC. (6) As soon as practicable after making Rules under this section, the South Australian Minister must— (7) The notice referred to in subsection (6)(a) must state— Part 3—Procedure for the making of a Rule by the AEMC 295—Initiation of making of a Rule (1) The AEMC may make a Rule at the request of any person or the MCE. 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— (b) a service provider for a declared transmission system that is a party to a service envelope agreement with AEMO; or (c) 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. 296—AEMC may make more preferable Rule in certain cases The AEMC may make a Rule that is different (including materially different) from a market initiated proposed Rule (a more preferable Rule) if the AEMC is satisfied that, having regard to the issue or issues that were raised by the market initiated proposed Rule (to which the more preferable Rule relates), the more preferable Rule will or is likely to better contribute to the achievement of the national gas objective. 297—AEMC may make Rules that are consequential to a Rule request (1) Despite section 295(2), the AEMC may, having regard to a request to make a Rule under section 29(1), make a Rule under this Law, the National Electricity Law or the National Energy Retail Law that is necessary or consequential, or corresponds, to the Rule. (2) For the purposes of this Chapter, the AEMC must treat a Rule it may make under subsection (1) as if it were part of the Rule to be made on that request. 298—Content of requests for a Rule A request for the making of a Rule— (a) must contain the information prescribed by the Regulations or the Rules (or both); and (b) must, subject to section 299, be accompanied by the fee prescribed by the Regulations (if any); and (c) may be accompanied by a draft of the Rule to be made. 299—Waiver of fee for Rule requests The AEMC may waive the payment of any fee prescribed by the Regulations for the purposes of section 298. 300—Consolidation of 2 or more Rule requests (1) If the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, the AEMC may— (a) treat those requests as 1 request for the purposes of this Chapter (a consolidated Rule request); or (b) treat any later request as a submission in relation to the earliest Rule request. (2) For the purposes of this Chapter, the AEMC may treat a consolidated Rule request as being received by it on the day it receives either the first or last of the Rule requests forming part of the consolidated Rule request. 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 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 (ii) the trial Rule requested— (A) is unnecessary to enable the trial project to be undertaken (including, for example, because the trial project could be undertaken under a trial waiver); or (B) is unlikely to enable the trial project to be undertaken; or (C) should be the subject of a request for a Rule other than a trial Rule, the AEMC must make a decision to that effect and inform the person or body, in writing, that requested the Rule of that decision. (3) Despite subsection (1) or (2), the AEMC may make a decision to the effect that it should not take any action under this Part in respect of the active request if the person or body that made the active request has not complied with a notice in accordance with section 302. (4) In making a decision under subsection (3), the AEMC must have regard to any representation it receives under section 302(4). (5) A decision under subsection (2) or (3) must— (a) set out the reasons for the decision; and (b) be given to the person or body that made the active request without delay; and (c) in the case where the decision was made only because of the matters set out in subsection (1)(c)—be published. (6) Subject to this Chapter, if the AEMC considers that, having regard to the matters set out in subsection (1), it should take action under this Part in respect of an active request the AEMC must publish notice of that active request in accordance with section 303. (7) The AEMC must, as soon as practicable after receiving an active request relating to a trial Rule, consult with AEMO on the matter. 302—AEMC may request further information from Rule proponent in certain cases (a) receives a request for the making of a Rule under section 295(1); and (b) considers, having regard to the nature and content of the request, that further information is required from the person or body that has made the request to assist it to understand the request's purpose or content. (2) The AEMC may, by notice in writing, request the person or body that made the request under section 295(1) to provide the AEMC further information. (3) A notice under subsection (2) must specify— (a) the kind of information the AEMC requires from the person or body; and (b) the time within which that information must be provided to the AEMC. (4) A person or body given a notice under this section may make a written representation to the AEMC as to why it cannot provide the information specified in the notice within the time specified in the notice. 303—Notice of proposed Rule (a) considers that it should take action under this Part in respect of a request for the making of a Rule; or (b) forms an intention to make an AEMC initiated Rule. (2) The AEMC must publish— (a) notice of the request or intention (as the case requires); and (b) a draft of the proposed Rule; and (c) any other document prescribed by the Regulations. (3) A notice published under this section must— (a) invite written submissions and comments from any person or body in relation to the proposed Rule by the date specified in the notice by the AEMC, being a date that is not less than 4 weeks from the date the notice is published; and (b) contain any other information prescribed by the Regulations. (4) Nothing in this Part is to be taken as requiring the AEMC to publish notices under this section in the same order as it— (a) considers that it should take action under this Part in respect of a request for the making of a Rule; or (b) forms an intention to make an AEMC initiated Rule. 304—Publication of non-controversial or urgent final Rule determination (1) Subject to this section, if the AEMC considers that— (a) an AEMC initiated Rule is a non-controversial Rule; or (b) a request for a Rule is a request for a non-controversial Rule; or (c) a request for a Rule is a request for an urgent Rule, the AEMC may make the relevant Rule in accordance with this Part (except sections 307 to 310) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 8 weeks from the date of publication of the notice under section 303. (2) Before making a Rule as set out in subsection (1), the AEMC must include in a notice under section 303 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice. (3) The AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 303 containing a statement to the effect set out in subsection (2)— (a) the AEMC receives a written request not to do so; and (b) the reasons set out in that request are not, in its opinion, misconceived or lacking in substance. (4) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must— (a) make a decision to that effect; and (b) give the person or body its reasons, in writing, for that decision without delay. (5) If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Part (other than this section). 304A—Publication of final Rule determination for trial Rule (1) If the AEMC considers that a request for a Rule is a request for a trial Rule, the AEMC may make the relevant Rule in accordance with this Part (except sections 307 to 310) and as if the period of time within which the final Rule determination in respect of the relevant Rule must be published were 10 weeks from the date of publication of the notice under section 303. (2) Sections 304 and 305 do not apply to a request for a trial Rule. 305—"Fast track" Rules where previous public consultation by gas market regulatory body or an AEMC review (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. 306—Right to make written submissions and comments Any person or body, within the period specified in a notice under section 303, may make a written submission or comment in relation to the proposed Rule to which the notice relates. 307—AEMC may hold public hearings before draft Rule determination (1) The AEMC may (but need not), at any time after publication of a notice under section 303 and before making a draft Rule determination, hold a hearing in relation to any proposed Rule. (2) Notice of a hearing held under this section must— (b) contain the information prescribed by the Regulations (if any). 308—Draft Rule determination (1) The AEMC must make a draft Rule determination before making a final Rule determination in relation to the proposed Rule. (2) Subject to this Chapter, the AEMC must, within 10 weeks after the date specified in a notice under section 303, publish— (a) the draft Rule determination; and (b) notice of the making of the draft Rule determination. (3) In the case of a proposed Rule to which section 305 applies, the AEMC must publish the draft Rule determination and notice of the making of the draft Rule determination within 5 weeks after the date notice under section 303(2) is published. (4) A draft Rule determination must contain— (a) the reasons of the AEMC as to whether or not it should make the proposed Rule, including— (i) in the case where the proposed Rule is not a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national gas objective; and (ii) in the case of a proposed more preferable Rule, the reasons of the AEMC as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and (b) if the AEMC determines to make a Rule, a draft of the Rule to be made; and (c) any other matters that are prescribed by the Regulations. (4a) The draft of the Rule to be made need not be the same as the draft of the proposed Rule to which the notice under section 303 relates. (5) A notice referred to in subsection (2) must— (a) invite written submissions and comments from any person or body in relation to the determination within a period specified by the AEMC, being a period not less than 6 weeks from the date of publication of the notice; and (b) include a statement to the effect that any person or body may request, in writing within 1 week after the publication of the notice, the AEMC to hold a hearing in accordance with section 310; and (c) contain any other information prescribed by the Regulations. 309—Right to make written submissions and comments in relation to draft Rule determination Any person or body, within the period specified in a notice under section 308(1), may make a written submission or comment in relation to a draft Rule determination to which the notice relates. 310—Pre-final Rule determination hearing may be held (1) The AEMC may (but need not), at any time after publication of a notice under section 308(2)(b) and before making a final Rule determination, hold a hearing in relation to a draft Rule determination. (2) In addition, any person or body may request, in writing, within 1 week after the publication of a notice under section 308(2), the AEMC to hold a hearing in relation to a draft Rule determination. (3) Despite subsection (2), the AEMC may decide not to a hold a hearing in relation to a draft Rule determination. (4) Without limiting the reasons why the AEMC may decide not to a hold a hearing following a request under subsection (2) in relation to a draft Rule determination, the AEMC may decide not to hold a hearing if— (a) the person or body that requests the AEMC to hold a hearing does not make a written submission or comment in accordance with section 309; and (b) no other person or body requests the AEMC to hold a hearing. (5) If the AEMC decides not to hold a hearing after a request under subsection (2), it must give the person or body that requested the hearing its reasons, in writing, for declining that person's or body's request. (6) If the AEMC decides to hold a hearing, or agrees to hold a hearing after a request under subsection (2), the AEMC must— (a) appoint a date (being not later than 3 weeks after the date of publication of the notice under section 308), time and place for the holding of the hearing; and (b) publish a notice of that date, time and place. 311—Final Rule determination (1) Subject to section 312, the AEMC must make a final Rule determination as to whether to make a proposed Rule. (2) Subject to this Chapter, the AEMC must, within 6 weeks after the period for written submissions or comments in relation to the draft Rule determination ends, publish— (a) the final Rule determination; and (b) notice of the making of the final Rule determination. (3) A final Rule determination must contain— (a) the reasons of the AEMC as to whether or not it should make a Rule, including— (i) in the case where the Rule to be made is not a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the Rule will or is likely to contribute to the achievement of the national gas objective; and (ii) in the case where the Rule to be made is a more preferable Rule, the reasons of the AEMC as to whether it is satisfied the more preferable Rule to be made will or is likely to better contribute to the achievement of the national gas objective than the market initiated Rule request to which the more preferable Rule relates; and (iii) if the AEMC is required to take into account the form of regulation factors or the revenue and pricing principles, the reasons of the AEMC taking those factors or principles (as the case requires) into account; and (iiia) if the AEMC is required to take into account the innovative trial principles, the reasons of the AEMC taking those principles into account; and (iv) the reasons of the AEMC having regard to any relevant MCE statement of policy principles; and (v) the reasons of the AEMC having regard to any other matters the AEMC considers relevant; and (b) any other matters that are prescribed by the Regulations. (4) A notice referred to in subsection (2) must contain the information prescribed by the Regulations. 312—Proposal to make more preferable Rule (1) If, in view of the response to a draft Rule determination, the AEMC proposes to make a more preferable Rule, the AEMC may— (a) make, and publish notice of, a draft Rule determination in respect of the proposed more preferable Rule; or (b) make, and publish notice of, a final Rule determination for the proposed more preferable Rule. (2) The final Rule determination, or further draft Rule determination, and the related notice, must be published within 30 business days after the end of the period for submissions or comments on the earlier draft Rule determination. 313—Making of Rule (1) Subject to this section, if the AEMC, in its final Rule determination, determines to make a Rule, the AEMC must make the relevant Rule as soon as practicable after the publication of the final Rule determination. (2) Notice of the making of the Rule must be published in the South Australian Government Gazette as soon as practicable after the making of the Rule. (3) The AEMC must not make a trial Rule unless the date on which the Rule will expire (which must be no more than 5 years after the date on which the trial Rule commences operation) is specified in the Rule. 314—Operation and commencement of Rule A Rule made under section 313 commences operation on the day the relevant notice is published in the South Australian Government Gazette or on any day after that day that is provided for in the relevant notice or the Rule. 314A—Extension of trial Rule (1) Subject to this section, the AEMC may, on request, extend, by notice, the date on which a trial Rule will expire (the expiry date) to a later date, being a date that falls not more than the period prescribed by the Regulations after the expiry date. (2) Before extending the expiry date of a trial Rule, the AEMC— (a) must have regard to the innovative trial principles; and (b) must consult with the AER; and (c) if the AEMC considers that the trial Rule, or the trial project to which the trial Rule relates, may impact on AEMO's operation of systems relating to covered gas and markets for covered gas—must consult with AEMO; and (d) may consult with AEMO or any other person. (3) A request under subsection (1) must— (a) be made to the AEMC at least 60 days before the expiry date; and (b) specify the length of the extension required. (4) A notice under subsection (1) must— (b) specify the later date referred to in subsection (1). (5) The expiry date of a trial Rule may only be extended once under subsection (1). 314B—AEMC may impose requirements on proponent of trial project on making trial Rule (1) The AEMC may, in connection with making a trial Rule, by notice, impose requirements on a person or body that proposes to undertake the trial project (a proponent) to which the trial Rule relates. (2) Without limiting subsection (1), the AEMC may impose a requirement that 1 or more reports be submitted to the AER in relation to the trial project. (3) A notice under subsection (1) must— (b) comply with any other requirements prescribed by the Regulations. (4) A proponent to which requirements imposed under this section apply must comply with those requirements. (5) If a proponent breaches subsection (4) and, as a result of the breach, the AER recommends that a trial Rule be revoked before the date on which the Rule will expire, the AEMC may— (a) revoke the trial Rule; or (b) vary or revoke a requirement imposed on the proponent, or impose further requirements on the proponent. 314C—AEMC may revoke trial Rule on recommendation of AER (1) The AEMC may, on the recommendation of the AER, revoke a trial Rule in accordance with this Chapter. (2) This section is in addition to, and does not limit, section 314B. 314D—Special provision for revocation of trial Rule (1) Part 1 Division 2, Part 3 and Part 4 do not apply to the revocation of a trial Rule by the AEMC under section 314B(5)(a) or 314C(1). (2) As soon as practicable after revoking a trial Rule under section 314B(5)(a) or 314C(1), the AEMC must— (a) publish notice of the revocation, specifying the date on which the revocation takes effect, on its website; and (b) publish reasons for the revocation on its website. 315—Rule that is made to be published on website and made available to the public On publication of a notice in accordance with section 313(2), the AEMC must, without delay— (a) publish the Rule on its website; and (b) make copies of the Rule available to the public at its offices. 316—Evidence of the National Gas Rules A document purporting to be a copy of— (a) the National Gas Rules; or (b) the initial National Gas Rules; or (c) an amendment to the initial National Gas Rules or the National Gas Rules, endorsed with a certificate to which the seal of the AEMC has been duly affixed certifying the document is such a copy, is evidence that the document is such a copy. Part 4—Miscellaneous provisions relating to rule making by the AEMC 317—Extension of periods of time in Rule making procedure (1) Despite anything to the contrary in this Chapter and without limiting section 318, the AEMC may, by notice, extend a period of time specified in Chapter 9 Part 3 if the AEMC considers that a request for a Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary that the relevant period of time specified in Chapter 9 Part 3 be extended. (2) A notice under subsection (1) must— (b) set out the period of time specified in Chapter 9 Part 3 to be extended; and (c) specify a new period of time to apply in the place of the period of time specified in Chapter 9 Part 3. (3) A notice under subsection (1) may be published at the same time as a notice under section 303. (4) The AEMC may only extend a period of time under this section before the expiry of that time. 318—AEMC may extend period of time for making of final Rule determination for further consultation (a) a person or body raises an issue in— (i) a submission or comment in relation to a draft Rule determination; or (ii) a hearing held under section 307 or 310; and (b) the AEMC considers the issue raised by the person or body requires further public consultation in relation to the proposed Rule or draft Rule determination. (2) Despite anything to the contrary in this Chapter and without limiting section 317, the AEMC may, by notice, extend the period of time specified in section 311 within which it must make a final Rule determination. (3) A notice under subsection (2) must— (b) specify a new period of time to apply in the place of the period of time specified in section 311; and (c) specify the issue on which the AEMC requires further public submissions and comments; and (d) invite written submissions and comments from any person or body by the date specified in the notice. (4) The new period of time must not have the effect of extending the relevant period of the time specified in section 311 by more than 4 weeks. (5) The AEMC may only extend the period of time under this section before the expiry of time specified in section 311. (6) Any person or body, within the period specified in a notice under subsection (2), may make a written submission or comment in relation to the issue specified in the notice. 319—AEMC may publish written submissions and comments unless confidential (1) Subject to this section, the AEMC may publish any information in any written submission or comment given to it under this Chapter unless— (a) the person or body who gave the information, claims, when giving it to the AEMC, that it contains confidential information; and (b) the AEMC decides that the written submission or comment contains confidential information. (2) A written submission or comment given to the AEMC under this Chapter that has been claimed under this section to contain confidential information, and that the AEMC has decided contains confidential information, may be published if that information is omitted. (3) If information is omitted from a published written submission or comment given to the AEMC under this Chapter as being confidential information, a note to that effect must be included in the submission or comment at the place in the submission or comment from which the information is omitted. See also section 71 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia. 320—AEMC must publicly report on Rules not made within 12 months of public notification of requests (a) publishes a notice under section 303 in respect of a request for the making of a Rule; but (b) does not make a final Rule determination in respect of that request within 12 months after the publication of that notice (the report trigger date). (2) The AEMC must prepare a report on the request as soon as practicable after the report trigger date. (3) A report prepared under this section— (a) must contain the reasons why the final Rule determination has not been made within 12 months after the publication of the notice under section 303; and (b) must specify when the AEMC considers it will make the final Rule determination; and (c) must be published. 320A—Subsequent rule making by AEMC Nothing in Part 2 Division 2 is to be taken to affect the power of the AEMC to make Rules (in accordance with this Law and the Regulations) for or with respect to any matter or thing referred to in section 74 and Schedule 1 to this Law (whether before or after Rules have been made under Part 2 Division 2). Chapter 10—General Part 2—Handling of confidential information Division 1—Disclosure of confidential information held by AER 324—Authorised disclosure of information given to the AER in confidence The AER is authorised to disclose information given to it in confidence in, or in connection with, the performance or exercise of its functions or powers under this Law or the Rules subject to and in accordance with— (a) this Division; or (b) section184. See also section 30 of this Law and section 44AAF of the Competition and Consumer Act 2010 of the Commonwealth. 325—Disclosure with prior written consent is authorised The AER is authorised to disclose information given to it in confidence if the AER has the written consent to do so of— (a) the person who gave the information; or (b) the person from whom the person referred to in paragraph (a) received that information. 326—Disclosure for purposes of court and tribunal proceedings and to accord natural justice The AER is authorised to disclose information given to it in confidence— (a) for the purposes of civil or criminal proceedings; or (b) for the purposes of a proceeding before the Tribunal or a tribunal established by or under a law of this jurisdiction or another participating jurisdiction; or (c) for the purposes of according natural justice to a person affected by a decision (however described) of the AER under this Law or the Rules. 326A—Disclosure of information to Energy Security Board The AER is authorised to disclose to the Energy Security Board information given to the AER in confidence in or in connection with the performance of its functions or the exercise of its powers under this Law or the Rules. 327—Disclosure of information given to the AER with confidential information omitted (a) in compliance with this Law or the Rules or voluntarily, a person gives the AER information in confidence; and (b) that information is contained in a document with other information. (2) The AER may disclose the document with the information given in confidence omitted. (3) The AER must include a note at the place in the document from which the information given in confidence is omitted to the effect that that information has been omitted from the document. 328—Disclosure of information given in confidence does not identify anyone The AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if— (a) it does not disclose any elements of the information that could lead to the identification of the person to whom that information relates; or (b) the manner in which it discloses the information does not identify the person to whom that information relates. Information disclosed under this section may be combined or arranged with other information provided that the manner in which that information is combined or arranged will not lead to the identification of the person to whom the information relates. 328A—Disclosure of information that has entered the public domain The AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information is already in the public domain. 328B—Disclosure of information in an aggregated form The AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, if the information has been combined or arranged with other information so that it does not reveal any confidential aspects of the information. 329—Disclosure of information authorised if detriment does not outweigh public benefit (1) Despite sections 325 to 328B (inclusive), the AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, after the restricted period if the AER is of the opinion— (a) that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or (b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. (1a) However— (a) in the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until— (i) the AER has considered any reasons and information given to the AER under section 57A(1)(b) and (2) when determining whether or not it is of the opinion required by subsection (1); and (ii) the AER has complied with subsections (1b), (1c) and (1d); and (iii) the restricted period has expired; and (b) in the case of other information—the AER must not disclose information under subsection (1) unless and until— (i) the AER has complied with subsections (2) to (6) (inclusive); and (ii) the restricted period has expired. (1b) If the AER wishes to disclose information to which subsection (1a)(a) applies (after taking into account the requirements of subsections (1) and (1a)(a)) and— (a) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(a), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person's identity and address, that other person— (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1)(a); and (ii) the AER's decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1)(a); or (b) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(b), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person's identity and address, that other person— (i) a written notice stating— (A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and (B) that the AER is of the opinion required by subsection (1)(b); and (C) that the person, within the period specified in the notice (which must not be less than 5 business days after the date the notice is given to the person), may make representations to the AER solely in relation to the AER's reasons for deciding that the public benefit in disclosing the information outweighs any detriment that may be caused to the person by the disclosure; and (ii) the AER's decision, in writing, setting out the reasons why the AER— (A) wishes to make the disclosure; and (B) is of the opinion required by subsection (1)(b). (1c) The AER must consider any representation that complies with the requirements of subsection (1b)(b)(i)(C) made to it by a person given a notice under subsection (1b)(b)(i) within the time specified in the notice. (1d) If, after considering any representation under subsection (1c), the AER wishes to disclose the information, the AER must give each person given a notice under subsection (1b)(b)(i)— (a) a written notice stating— (ii) that the AER is of the opinion required by subsection (1)(b); and (ii) is of the opinion required by subsection (1)(b). (1e) To avoid doubt, a person entitled to make representations under subsection (1b)(b)(i) is not entitled to make representations under that subsection in relation to the AER's assessment of the detriment that may be caused to the person by the intended disclosure of the information. (2) Before disclosing information to which subsection (1a)(b) applies disclosing the information, the AER must give the person who gave the information— (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and (3) If the AER is aware that the person who gave information to which subsection (1a)(b) applies in turn received the information from another person and is aware of that other person's identity and address, the AER must, before disclosing the information give that other person— (iii) that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and (4) The AER must consider every representation made to it by a person given an initial disclosure notice under this section within the time specified in the notice. (5) The period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person. (6) If after considering any representation under subsection (4), the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice— (a) a written notice (a further disclosure notice) stating— (7) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (1b), (2) or (3). (7a) Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to— (a) the AER's decision under subsection (1) to disclose information given in confidence to the AER including, but not limited to, such information given to the AER in compliance with a regulatory information instrument and in relation to which a claim of confidentiality has been made in accordance with section 57A; and (b) without limiting paragraph (a), if the AER's decision under subsection (1) is to disclose the confidential information, the AER's opinion— (i) that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or (ii) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment. restricted period means— (a) in the case of information given to the AER in order to comply with a regulatory information instrument—a period of 5 business days after— (i) a notice has been given under subsection (1b)(a)(i); or (ii) — (A) a notice has been given under subsection (1b)(b)(i); or (B) a notice has been given under subsection (1d)(a), whichever is the later; or (b) in the case of other information—a period of 5 business days after— (i) an initial disclosure notice has been given under this section; or (ii) a further disclosure notice has been given under this section, whichever is the later. Division 2—Disclosure of confidential information held by AEMC 330—Confidentiality of information (1) Information provided to the AEMC for the purposes of an MCE directed review or a review conducted by the AEMC under section 83 is confidential information for the purposes of that procedure if— (a) the person who provides it claims, when providing it to the AEMC, that it is confidential information; and (b) the AEMC decides that the information is confidential information. (2) Nothing prevents the disclosure of confidential information by the AEMC in a report published under Division 4 or Division 5 of Chapter 2 Part 2, but the AEMC must ensure that the information is identified as such in the report. (3) If the AEMC decides that information provided to it for the purposes of an MCE directed review or a review conducted by the AEMC under section 83 is confidential information, the AEMC, the MCE or a Minister of a participating jurisdiction may only publish a version of the report from which the information has been omitted. (4) If information is omitted from a published version of a report as being confidential information, a note to that effect must be included in the decision at the place in the decision from which the information is omitted. See also section 71 of this Law and section 24 of the Australian Energy Market Commission Establishment Act 2004 of South Australia. Part 3—Miscellaneous 332—Failure to make a decision under this Law or the Rules within time does not invalidate the decision (1) A decision (however described) made under this Law or the Rules by a regulatory scheme decision maker after the expiry of the period of time specified by this Law or Rules for the making of that decision is not to be taken to be an invalid decision only because the decision is not made within the specified period of time. (2) A decision to which subsection (1) applies takes effect on and from— (a) the day it is made; or (b) if it specifies a date for operation or effect that is after the day it is made, that specified date. regulatory scheme decision maker means any of the following: (b) the AEMC; (c) AEMO. 333—Withdrawal of applications relating to particular determinations or classification (1) A person who has made an application for a relevant decision may withdraw the application at any time before the decision is made. (2) A withdrawal of an application in accordance with this section must be— (a) in writing; and (b) given to the AER. relevant decision means— (a) a scheme pipeline determination; or (b) a scheme pipeline revocation determination; or (c) a greenfields incentive determination; or (d) a greenfields price protection determination; or (e) a classification decision; or (f) a reclassification decision. 335A—Penalty privilege If an individual has a privilege against self‑exposure to a penalty, other than for a criminal offence, the individual is not excused from doing any of the following on that ground: (a) providing information under this Law, the Regulations or the Rules; (b) producing a document under this Law, the Regulations or the Rules; (c) providing evidence under this Law, the Regulations or the Rules; (d) answering a question under this Law, the Regulations or the Rules. 335B—Court may grant relief from liability If in any proceedings under this Law in which a person, other than a body corporate, may be liable for an offence or a civil penalty it appears to the Court that the person acted honestly and reasonably and, having regard to all the circumstances of the case, ought fairly to be excused, the Court may relieve the person either wholly or partly from liability on such terms as the Court thinks fit. 336—Savings and transitionals