Exceptions to the four stages

Exceptions to the four stages of the Rule making process

Expedited Rule making process for non-controversial Rule or urgent Rule (section 304 of the NGL)

5.1 When the AEMC can consider an expedited Rule making process

If the AEMC considers that:

it will publish notice of its intention to expedite the Rule making process at the same time as the notice of the request for the making of a Rule.

The notice will include:

5.2 Objections to the expedited Rule making process

Any person may make a written objection to the AEMC not to proceed with the expedited Rule making process before the closing date for written objections.

5.3 When the AEMC may expedite the Rule making process

The AEMC may expedite the Rule making process if:

In relation to the latter, the AEMC will give the person who made the written objection its reasons for its decision in writing without delay.

If the AEMC expedites the Rule making process, it will generally make a final Rule determination on the proposed Rule within 6 weeks from the date the notice of its intention to make the proposed Rule is published. The AEMC is not required to make a draft Rule determination on the proposed Rule under the expedited Rule making process.

5.4 When the AEMC cannot expedite the Rule making process

The AEMC will not expedite the Rule making process if it receives a written objection to the expedited Rule making process and it considers that the reasons for that objection are not misconceived or lacking in substance.

In this case, the AEMC will publish notice that it will consider the proposed Rule under the normal Rule making process (that is, the four stages of the Rule making process).

Fast Track Rules from gas market regulatory body or AEMC review
(section 305 of the NGL)

In certain circumstances, the AEMC will not consult on the proposed Rule during Stage 1 of the Rule making process if it considers that the proponent has demonstrated to the AEMC that it has already adequately consulted on the proposed Rule.

In this case, the AEMC will make a draft Rule determination on the proposed Rule within 5 weeks from the date the notice of the request for the making of a Rule is published.

All the other stages of the Rule making process for a fast track Rule are the same.

For more information on a fast track Rule, please see the Guidelines for gas market regulatory bodies: Preparing a Rule Change proposal for "fast track" Rules - Gas (PDF)