Stage 1

Stage 1: Initial consideration of a request for the making of a Rule

1.1 Who may request a Rule? (section 243 of the NERL)

Subject to limited exceptions, any person may request the making of a Rule.

A request for a rule regulating AEMO’s declared network functions (its role in planning and investment for the transmission system in Victoria) may only be made by AEMO, the operator of the declared transmission system or the Victoria Minister.

The AEMC may only initiate the rule amendment procedure without a request if:

1.2 Contents of requests for a Rule (section 246 of the NERL)

A request for the making of a Rule must be made in writing to the AEMC. Guidelines to assist proponents with the preparation of a request for a Rule can be found in the AEMC's Guidelines for Proponents Preparing a Rule Change Proposal - Retail Energy.

1.3 What must a request for a Rule contain?(section 246 of the NERL and the Regulations)

A request for the making of a Rule must contain information prescribed by the Regulations.

For example:

A rule change request may be accompanied by a draft of the rule proposed to be made, but this is not required. A rule change request may also be accompanied by a draft of the rule proposed to be made that identifies any necessary, consequential or corresponding amendments to the National Electricity Rules or the National Gas Rules, but again this is not required.

1.4 Initial consideration by the AEMC of a request for a Rule (section 253 of the NERL)

The AEMC will consider whether a request for the making of a Rule:

If the AEMC considers that a request for the making of a Rule does not appear to satisfy the relevant statutory requirements concerning the above, it may make a decision not to proceed with the proponent's request.

If the AEMC makes a decision not to proceed with the request, it will:

1.5 Consolidation of 2 or more Rule requests (section 248 of the NERL)

If the AEMC considers it necessary or desirable that 2 or more requests for the making of a Rule should be dealt with together, it may treat these requests as 1 request under the rule amendment procedure. The AEMC may also treat any later request as a submission in relation to the earliest request for the making of a Rule. This is designed to allow the AEMC to streamline the rule amendment procedure.