Within six weeks after the closing date for submissions on the draft rule determination, the AEMC will publish a final rule determination. On expedited rules the final determination is published within eight weeks of the commencement of the rule change process.
The document will articulate our reasons for making (or not making) a rule or making a more preferable rule, including how our decision serves the long-term interest of consumers.
If the AEMC, in our final rule determination, determines to make a final rule, the final rule will be published at the same time as the final rule determination.
Final rules sometimes have transitional arrangements or varying commencement dates. These decisions are informed by analysis around the most appropriate mechanism for implementation of the rule.
Stakeholders are welcome to discuss the reasons for our decisions with the project team.
Decisions of the AEMC are subject to judicial review by the Supreme Court of each jurisdiction that participates in the national energy markets.
During a judicial review, stakeholders can seek an order that the AEMC’s decision be set aside if it is not made lawfully. For example, a decision may be set aside if the AEMC did not have the power to make the rule or failed to follow the process for the making of a rule under the relevant energy law.
Stages of the rules change process
View the different stages of a rule change project:
- Making a rule change request
- Consultation paper
- Draft determination consultation
- Final determination
You can download and view our comprehensive: