Exceptions to the four stages of the Rule making process
Expedited Rule making process for non-controversial Rule or urgent Rule (section 96 of the NEL)
5.1 When the AEMC can consider an expedited Rule making process
If the AEMC considers that:
- an AEMC initiated Rule is a non-controversial Rule;
- a request for a Rule is a request for a non-controversial Rule; or
- a request for a Rule is a request for an urgent Rule,
it will publish notice of its intention to expedite the Rule making process at the same time as the notice of the request for the making of a Rule.
The notice will include:
- a statement that the AEMC may make the proposed Rule under the expedited Rule making process if the AEMC does not receive a written request and reasons not to do so from any person; and
- the closing date for any written objections to the expedited Rule making process (which must be a date that is within 2 weeks from the date the notice is published).
5.2 Objections to the expedited Rule making process
Any person may make a written objection to the AEMC not to proceed with the expedited Rule making process before the closing date for written objections.
5.3 When the AEMC may expedite the Rule making process
The AEMC may expedite the Rule making process if:
- it does not receive any written objections before the closing date for written objections; or
- it receives written objections before the closing date for written objections and it considers that the reasons for the objections are misconceived or lacking in substance.
In relation to the latter, the AEMC will give the person who made the written objection its reasons for its decision in writing without delay.
If the AEMC expedites the Rule making process, it will generally make a final Rule determination on the proposed Rule within 6 weeks from the date the notice of its intention to make the proposed Rule is published. The AEMC is not required to make a draft Rule determination on the proposed Rule under the expedited Rule making process.
5.4 When the AEMC cannot expedite the Rule making process
The AEMC will not expedite the Rule making process if it receives a written objection to the expedited Rule making process and it considers that the reasons for that objection are not misconceived or lacking in substance.
In this case, the AEMC will publish notice that it will consider the proposed Rule under the normal Rule making process (that is, the four stages of the Rule making process).
Fast Track Rules from electricity market regulatory body or AEMC review
(section 96A of the NEL)
In certain circumstances, the AEMC will not consult on the proposed Rule during Stage 1 of the Rule making process if it considers that the proponent has demonstrated to the AEMC that it has already consulted on the proposed Rule.
In this case, the AEMC will make a draft Rule determination on the proposed Rule within 5 weeks from the date the notice of the request for the making of a Rule is published.
All the other stages of the Rule making process for a fast track Rule are the same.
For more information on a fast track Rule, please see the Guidelines for electricity market regulatory bodies preparing a Rule Change proposal for "fast track" Rules - Electricity (PDF).