Stage 4: Final Rule determination and if relevant, the making of an amending Rule
Generally, within six weeks after the closing date for submissions on the draft Rule determination, the AEMC will publish:
- a final Rule determination; and
- notice of the making of the final Rule determination.
Similar to Stage 3 of the Rule making process, there may be occasions when the AEMC will extend the date the documents described above are published if it considers that a request for a proposed Rule raises issues of sufficient complexity or difficulty or there is a material change in circumstances such that it is necessary to extend the date these documents are published (see section 317 of the NGL).
The AEMC may also extend the date the documents described above are published to seek further consultation on a particular issue raised in a submission or a hearing on the draft Rule determination.
If the AEMC decides to extend the date for this reason, it will publish a notice which includes:
- the new date the final Rule determination and notice of the making of the final Rule determination will be published;
- the issue on which it requires further written submissions; and
- an invitation for any person to make written submissions on that particular issue.
4.1 Final Rule Determination (section 311 of the NGL)
The final determination will contain the AEMC's reasons as to whether it should make an amending Rule including:
- in the case where the amending Rule is not a more preferable Rule, its reasons as to whether it is satisfied the amending Rule will or is likely to contribute to the achievement of the national gas objective;
- in the case of a more preferable Rule, its reasons as to whether it is satisfied the more preferable Rule will or is likely to better contribute to the achievement of the national gas objective than the proponent's proposed Rule; and
- if relevant, its reasons taking into account the form of regulation factors or the revenue and pricing principles.
4.2 Making of an amending Rule (sections 313 - 315 of the NGL)
If the AEMC, in its final Rule determination, determines to make an amending Rule, it will make the amending Rule as soon as practicable after the publication of the final Rule determination.
The AEMC will:
- publish notice of the making of the amending Rule in the South Australian Government Gazette; and
- without delay after the publication of the notice, publish the amending Rule on its website and make copies of the amending Rule available at its offices.
Please note:
- the amending Rule may be different to the proponent's proposed Rule or the draft Rule;
- the commencement date of the amending Rule will be set out in the amending Rule and may be the date the AEMC makes the amending Rule or a later date; and
- if the amending Rule or a notice states that the amending Rule will commence on a particular day, the amending Rule will commence at the beginning of that day.
The AEMC will consolidate the amending Rule into a new version of the Rules when the amending Rule commences operation.