Stage 3: Draft Rule determination (which may include a draft Rule) and further consultation
Generally, within ten weeks after the closing date for submissions on the proposed Rule, the AEMC will publish:
- a draft Rule determination on a proposed Rule (which may include a draft Rule); and
- notice of the making of the draft Rule determination.
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 107 of the NEL).
3.1 Draft Rule Determination (section 99 of the NEL)
The draft Rule determination will contain the AEMC's reasons as to whether it should make the proposed Rule including:
- in the case where the proposed Rule is not a proposed more preferable Rule, its reasons as to whether it is satisfied the proposed Rule will or is likely to contribute to the achievement of the national electricity objective;
- in the case of a proposed more preferable Rule, its reasons as to whether it is satisfied the proposed more preferable Rule will or is likely to better contribute to the achievement of the national electricity objective than the proponent's request;
- if relevant, the form of regulation factors or the revenue and pricing principles it must take into account and its reasons for taking these matters into account; and
- if relevant, a draft Rule.
Please note, the draft Rule may be different to the proponent's proposed Rule.
3.2 Notice of the making of the draft Rule determination (section 99 of the NEL)
Notice of making of the draft Rule determination will include:
- an invitation for any person to make written submissions to the AEMC on the draft Rule determination;
- the closing date for any submissions to the AEMC (which must be a date that is not less than six weeks from the date the notice is published); and
- a statement that any interested person may request a pre-final Rule determination hearing on the draft Rule determination in writing within one week from the date the notice is published
3.3 Right to make written submissions (section 100 of the NEL)
Any person may make a written submission on the draft Rule determination before the closing date for submissions.
3.4 Public Hearing before the final Rule determination (section 101 of the NEL)
Any person may request the AEMC in writing to hold a public hearing on the draft Rule determination before the closing date for requests for a public hearing.
The AEMC may (but is not required to) hold a public hearing on the draft Rule determination before it makes a final Rule determination.
If the AEMC decides to hold a public hearing on the draft Rule determination, it will:
- appoint a date, time and place for the public hearing; and
- publish notice of that date, time and place.
The date must not be later than 3 weeks after the date notice of the making of the draft Rule determination is published.
The AEMC may decide not to hold a hearing after a request for a public hearing if:
- the person that requested the hearing does not make a submission on the draft Rule determination in accordance with section 100 of the NEL; or
- no other person requested the AEMC to hold a hearing.
If the AEMC decides not to hold a public hearing, it will give the person who made the request for a hearing its reasons in writing.
3.5 More preferable Rule (sections 91A and 102A of the NEL)
The AEMC may make a more preferable Rule, if it is satisfied that, after considering the issue(s) in the proponent's proposed Rule, the more preferable Rule will or is likely to better contribute to the achievement of the national electricity objective.
The more preferable Rule may be different (including materially different) to the proponent's proposed Rule.
If the AEMC decides to make a more preferable Rule, it may publish another draft Rule determination and notice of the making of this draft Rule determination.
The notice must include an invitation for any person to make written submissions and requests for a public hearing on this draft Rule determination.