Stage 3

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:

There may be occasions when the AEMC will extend the date for publication of 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 an extension is necessary (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 draft Rule including:

If the AEMC's draft determination is to make a draft Rule, the draft Rule will be published with the draft determination. 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:

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 within 1 week of publication of the draft determination.

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:

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:

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 rule change request, 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 in view of the response to its draft determination, it may publish another draft Rule determination and notice of the making of this draft Rule determination or proceed to make its final determination.

If the AEMC makes a second draft determination it must follow the process described in 3.1 to 3.4 above