Stage 1: Initial consideration of a request for the making of a Rule
1.1 Who may request a Rule? (section 94 of the NEL)
Any person may request the making of a Rule.
The AEMC may only initiate the Rule making process without a request if
- it considers the Rule corrects a minor error in the Rules; or
- it considers the Rule involves a non-material change.
1.2 Contents of requests for a Rule (section 92 of the NEL)
A request for the making of a Rule must be made in writing to the AEMC. Guidelines to assist proponents with the preparation of a request for a Rule can be found in the AEMC's Guidelines for Proponents Preparing a Rule Change Proposal - Electricity (PDF).
1.3 What must a request for a Rule contain?(section 92 of the NEL & the Regulations)
A request for the making of a Rule must contain information prescribed by the Regulations.
For example:
- the name and address of the person making the request (referred to in this guidance note as the "proponent");
- a description of the Rule that the proponent proposes be made (referred to in this guidance note as the "proposed Rule");
- a statement of the nature and scope of the issue(s) concerning the existing Rules that is to be addressed by the proposed Rule and an explanation of how the proposed Rule would address the issue(s);
- an explanation of how the proposed Rule will or is likely to contribute to the achievement of the national electricity objective;
- an explanation of the expected benefits and costs of the proposed change (to the Rules by the proposed Rule) and the potential impacts of the change on those likely to be affected; and
- in the case of a request for a "fast track" Rule (under s.96A of the NEL), a summary of the prior consultation conducted on the proposed Rule, including information about:
- the extent of that consultation;
- the issues raised during that consultation; and
- that body's response to those issues.
A request for the making of a Rule may be accompanied by a draft of the Rule to be made, but this is not essential.
1.4 Initial consideration by the AEMC of a request for a Rule (section 94 of the NEL)
The AEMC will consider whether a request for the making of a Rule:
- contains the information set out in the Regulations;
- is misconceived or lacking in substance;
- is for a Rule that is within the AEMC's power to make (that is, the subject matters set out in Section 34 and Schedule 1 of the NEL); and
- relates to the subject matter of:
- a Rule made by the AEMC in the 12 months immediately before the date of receipt of the requested Rule;
- a request for the making of a Rule not proceeded with in the 12 months immediately before the date of the active request; or
- a request for the making of a Rule in respect of which the AEMC is already taking action under the Rule making process.
If the AEMC considers that a request for the making of a Rule does not appear to satisfy the relevant statutory requirements concerning the above, it may make a decision not to proceed with the proponent's request.
If the AEMC makes a decision not to proceed with the request, it will:
- inform the proponent of this decision in writing without delay; and
- set out its reasons for this decision.
1.5 Consolidation of 2 or more Rule requests (section 93 of the NEL)
If the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, it may treat these requests as 1 request under the Rule making process. The AEMC may also treat any later request as a submission in relation to the earliest request for the making of a Rule. This is designed to allow the AEMC to streamline the Rule making process.