Part 3	Decision-making under the Law
Division 1	Preliminary
7	Definitions
In this Part:
decision maker means:
(a)	the NCC; or
(b)	the AER; or
(c)	AEMO.
overall time limit means the time within which a decision maker is required by the Law to make a final decision on a proposal.
proponent means a person who makes or submits a proposal.
proposal means:
(a)	an application; or
(b)	an access arrangement proposal; or
(c)	a proposal that a decision maker itself initiates for making a decision of a particular kind under the Law.
Division 2	Decision making models
8	Standard consultative procedure
(1)	If the Law requires a decision maker to deal with a proposal in accordance with the standard consultative procedure, the decision maker must proceed in accordance with this rule.
(2)	The decision maker must proceed as follows:
(a)	the decision maker must publish a notice on its website and in a newspaper circulating generally throughout Australia:
(i)	describing the proposal and giving the address of a website at which the proposal can be inspected; and
(ii)	inviting written submissions on the proposal within 15 business days of the date of the notice; and
(b)	the decision maker must, after considering relevant submissions made within the time allowed in the notice and other matters the decision maker considers relevant, make a draft decision; and
(c)	if the draft decision identifies changes to the proposal that should, in the decision maker's opinion, be made, the decision maker must:
(i)	if it is the proponent – modify its proposal accordingly; or
(ii)	if someone else is the proponent – notify the proponent of the decision and the reasons for it and give the proponent a reasonable opportunity to modify its proposal in the light of the decision;
(d)	the decision maker must then publish, on its website and in any other way the decision maker considers appropriate:
(i)	the draft decision; and
(ii)	any modification of the proposal made in the light of the draft decision; and
(iii)	a notice inviting written submissions and comments on the draft decision, and (if applicable) the modified proposal, within a period (at least 15 business days) stated in the notice;
(e)	the decision maker must, within 20 business days after the end of the period allowed for making submissions and comments on the draft decision, consider all submissions and comments made within the time allowed and make its final decision.
(3)	A draft or final decision must:
(a)	be in writing; and
(b)	state the terms of the decision and the reasons for it.
(4)	After making a final decision, the decision maker must, without delay:
(a)	if the decision is in the nature of a recommendation – deliver the final decision to the authority or person to whom the recommendation is addressed; and
(b)	give copies of the final decision to the parties to the administrative process in which the decision is made; and
(c)	publish the final decision on the decision maker's website; and
(d)	make the final decision available for inspection during business hours at the decision maker's public offices.
(5)	Subject to the Law, a decision made in accordance with this rule takes effect on the date provided for its commencement under the terms of the decision or, if no date is so provided, 10 business days after the date of the decision.
9	Expedited consultative procedure
(1)	If the Law requires a decision maker to deal with a proposal in accordance with the expedited consultative procedure, the decision maker must proceed in accordance with this rule.
(2)	The decision maker must proceed as follows:
(a)	the decision maker must, after such consultation (if any) as the decision maker considers appropriate (and any revision of the proposal that results from that consultation), make a draft decision; and
(b)	the decision maker must give copies of the draft decision to the parties to the administrative process in which the decision is to be made; and
(c)	the decision maker must publish, on its website and in any other way the decision maker considers appropriate, the draft decision together with a notice:
(i)	stating why the decision is required; and
(ii)	giving reasonable details of the context in which the draft decision has been made, the issues involved and the possible effects of the decision; and
(iii)	inviting written submissions and comments on the draft decision within 15 business days from the date of the notice;
(d)	the decision maker must, within 20 business days after the end of the period allowed for making submissions and comments on the draft decision, consider all submissions and comments made within the time allowed and make its final decision.
(3)	A draft or final decision must:
(a)	be in writing; and
(b)	state the terms of the decision and the reasons for it.
(4)	After making a final decision, the decision maker must, without delay:
(a)	if the decision is in the nature of a recommendation – deliver the final decision to the authority or person to whom the recommendation is addressed; and
(b)	give copies of the final decision to the parties to the administrative process in which the decision is made; and
(c)	publish the final decision on the decision maker's website; and
(d)	make the final decision available for inspection during business hours at the decision maker's public offices.
(5)	Subject to the Law, a decision made in accordance with this rule takes effect on the date provided for its commencement under the terms of the decision or, if no date is so provided, 10 business days after the date of the decision.
9A	Extended consultative procedure
(1)	This rule applies wherever any person (the consulting party) is required by these rules to comply with the extended consultative procedure.
(2)	The consulting party must:
(a)	give a notice to all persons with whom consultation is required:
(i)	giving particulars of the matter under consultation; and
(ii)	inviting written submissions on the matter under consultation; and
(iii)	fixing a date (to be not less than 25 business days after the notice is given) as the closing date for submissions;
(b)	publish the notice.
(3)	Unless otherwise specified in these rules, consultation is required with:
(a)	all Registered participants; and
(b)	all persons registered as Intending participants; and
(c)	any other persons who appear to the consulting party to have a proper interest in the matter; and
(d)	if the consulting party is not AEMO-AEMO.
(4)	A written submission:
(a)	must be received by the consulting party on or before the closing date for submissions (and if not so received will not be regarded as a valid submission for the purposes of this rule); and
(b)	may state whether the person making the submission considers that a meeting about the matter under consultation is necessary or desirable and, if so, the reasons why such a meeting is necessary or desirable.
(5)	The consulting party must within 20 business days from the closing date for submissions consider all valid submissions and if, after considering the submissions, the consulting party concludes that it is necessary or desirable to hold a meeting or meetings, the consulting party must endeavour to hold the meeting or meetings within a further 25 business days.
(6)	When the consulting party has completed its consideration of the matter under consultation (and any meetings to be held under subrule (5) have been held), the consulting party:
(a)	must publish a draft report setting out:
(i)	the conclusions and any determinations proposed by the consulting party; and
(ii)	the reasons for the consulting party’s conclusions; and
(iii)	the procedure followed by the consulting party in its consideration of the matter; and
(iv)	a summary of each issue that the consulting party considers material contained in a valid written submission or raised in the course of a meeting and the consulting party’s response to that issue; and
(v)	in a notice at the front of the draft report – an invitation to the persons from whom submissions were sought to make written submissions to the consulting party on the draft report before a closing date (at least 10 business days after publication of the draft report) stated in the invitation; and
(b)	must make the draft report available to the persons from whom submissions were sought; and
(c)	subject to the consulting party’s obligations of confidentiality, must, at the request of a person from whom a submission was sought, make available material submitted to the consulting party.
(7)	The consulting party must consider all valid submissions on the draft report within 30 business days after the closing date for submissions and, at the conclusion of its consideration, the consulting party:
(a)	must publish a final report setting out:
(i)	the conclusions and determinations of the consulting party; and
(ii)	the reasons for the consulting party’s conclusions; and
(iii)	the procedure followed by the consulting party in its consideration of the matter; and
(iv)	a summary of each issue raised in a valid submission that the consulting party considers material and the consulting party’s response to that issue; and
(b)	must make the final report available to the persons from whom submissions were sought.
(8)	A notice, draft report or final report to be published under this rule must be published as follows:
(a)	if the consulting party is the AEMC, the AER or AEMO – the consulting party must publish the notice or report on its website; 
(b)	in any other case – the consulting party must give AEMO a copy of the notice or report and AEMO must, within 3 business days of receipt of the notice or report, publish it on its website.
(9)	The consulting party must not make a decision or determination to which the extended consultative procedure applies until the consulting party has completed all the procedures set out in this rule (but substantial compliance is sufficient).
9B	Rate of return consultative procedure
(1)	If the Law requires a decision maker to comply with the rate of return consultative procedure in making, amending, replacing or reviewing the rate of return guidelines, the decision maker must proceed in accordance with this rule.
(2)	The decision maker must proceed as follows:
(a)	the decision maker must publish a notice on its website and in a newspaper circulating generally throughout Australia:
(i)	describing the proposed rate of return guidelines, amendments or review, and giving the address of a website on which the details of such guidelines, amendments or review, and the reasons for them, are published; and
(ii)	inviting written submissions on the proposed rate of return guidelines, amendments or review within no less than 30 business days of the date of the notice; 
(b)	the decision maker may publish such issues, consultation and discussion papers, and hold such conferences and information sessions in relation to the proposed rate of return guidelines, amendments or review as it considers appropriate; and 
(c)	the decision maker must, within 80 business days of the date of the notice referred to in subrule (2)(a) and after considering relevant submissions made within the time allowed in the notice and other matters the decision maker considers relevant, make its final decision.
(3)	The final decision must:
(a)	be in writing; and
(b)	state the terms of the decision and the reasons for it; and
(c)	include a summary of each issue raised in submissions, that the decision maker reasonably considers to be material, together with the decision maker's response to each such issue. 
(4)	The decision maker may extend the time within which it is required to make its final decision if:
(a)	the consultation involves issues of unusual complexity or difficulty; or
(b)	the extension of time has become necessary because of circumstances beyond the decision maker's control.
(5)	After making a final decision, the decision maker must, without delay:
(a)	publish the final decision on the decision maker's website; and
(b)	make the final decision available for inspection during business hours at the decision maker's public offices.
Division 3	Summary rejection of certain proposals
10	General power to reject non-compliant or frivolous proposals
(1)	A decision maker may, despite any other provision of these rules, reject a proposal on the ground that:
(a)	the proposal has not been made in accordance with the Law; or
(b)	relevant information or materials have not been provided as required by the Law; or
(c)	the proposal is frivolous or vexatious.
(2)	A decision to reject a proposal under this rule must be made within 10 business days after receipt of the proposal by the decision maker.
(3)	A decision to reject a proposal under this rule must:
(a)	be made in writing; and
(b)	set out the reasons for the decision; and
(c)	be given to the proponent without delay.
Division 4	Time limits
11	Calculation of time
(1)	If the Law fixes a time limit within which a decision maker must make a decision on a proposal, then for the purpose of calculating elapsed time, any of the following periods is, if the decision-maker so decides, to be disregarded:
(a)	any period allowed the proponent for correction or revision of the proposal; 
(b)	any period taken by the proponent or any other person to provide information, relevant to the decision maker's decision on the proposal, in response to a notice or requirement issued or made by the decision maker under the Law;
(c)	any period allowed for public submissions on the proposal or on a draft decision on the proposal; 
(d)	any period allowed for submissions on a proposal by the AER to disclose confidential information, any period then taken by the AER to consider the submissions and decide whether to disclose the information, and any period occupied by a review of the decision;
(e)	the period between commencement and conclusion of court proceedings to determine questions arising from the proposal or the decision maker's handling of the proposal.
(2)	The decision-maker must:
(a)	give notice of a decision under this rule to the proponent; and
(b)	publish notice of the decision on its website.
12	Power to extend time limits
(1)	Subject to limitations fixed by the Law, a decision maker may extend the time within which:
(a)	a proponent is required by the Law to take a particular step in a decision making process; or
(b)	the decision maker is required by the Law to make a decision on a proposal.
(2)	The decision maker cannot, however, extend an overall time limit unless:
(a)	the proposal involves questions of unusual complexity or difficulty; or
(b)	the extension of time has become necessary because of circumstances beyond the decision maker's control.
(3)	If a decision maker extends an overall time limit, the decision maker must:
(a)	give notice of the extension to the proponent (unless the decision maker is itself the proponent); and
(b)	publish notice of the extension on its website and in a newspaper circulating generally throughout Australia.
(4)	The notice must:
(a)	specify the extent of the extension; and
(b)	give reasons for the extension.
13	Absolute time limit for full access arrangement proposal
(1)	Despite the other provisions of this Division, there is an absolute overall time limit of 13 months between the date on which a proponent submits a full access arrangement proposal for the AER's approval and the date the AER makes a final decision on the proposal.
(2)	The absolute overall time limit:
(a)	is unaffected by a decision that a particular period, or particular periods, of elapsed time are to be disregarded; and
(b)	cannot be extended.
14	Decisions made out of time
(1)	If a decision maker fails to make a decision within an overall time limit (whether absolute or not), the decision maker must report on its failure to the MCE.
Note:
Non-compliance with a time limit does not invalidate the decision maker's decision: See section 332 of the NGL.
(2)	The report must:
(a)	state the extent the decision was (or will be) out of time; and 
(b)	describe the decision maker's handling of the proposal; and
(c)	give reasons for the decision maker's failure to make the decision within the relevant time limit.
(3)	A report under this rule must be published on the decision maker's website as soon as practicable after it is given to the MCE.