Stage 1

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)

Subject to limited exceptions, any person may request the making of a Rule.

A request for a rule regulating AEMO’s declared network functions (its role in planning and investment for the transmission system in Victoria) may only be made by AEMO, the operator of the declared transmission system or the Victoria Minister.

The AEMC may only initiate the Rule making process without a request if

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 Request - 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:

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:

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:

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.