Generally, within ten weeks after the closing date for consultation paper submissions on the proposed rule, the AEMC will publish a draft determination (which may include a draft rule). There is no draft determination published for expedited rules.

In our draft determination we articulate:

  • the identified issue the rule change request is aiming to resolve
  • whether the identified issue could be resolved through a change to the rules or through another process
  • whether the proposed change to the rules would contribute to the achievement of the relevant national energy objective
  • our reasons for making either the rule as proposed or a rule that addresses the issue in a different way (a more preferable rule)
  • how we have considered issues and feedback received from stakeholders throughout the process to-date in reaching our decision.

Consultation on the AEMC’s draft determination is a key opportunity for stakeholders to consider and respond to our detailed reasoning for proposing to make or not make a rule change. Stakeholders are encouraged to make submissions and discuss our analysis with the project team.

Any person may make a submission to the AEMC on a draft determination and will be given at least six weeks from the date the draft determination is published to lodge a submission.

Subject to certain exceptions, the AEMC’s usual practice is to publish submissions on our website to encourage an open and robust decision making process.

Stages of the rules change process

View the different stages of a rule change project

  1. Making a rule change request
  2. Consultation paper
  3. Draft determination consultation
  4. Final determination


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