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 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 it is necessary to extend the date these documents are published (see section 266 of the NERL).

3.1 Draft rule determination (section 256 of the NERL)

The draft Rule determination will contain the AEMC's reasons as to whether it should make 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.

The national energy retail objective is defined in section 13 of the NERL. For the purposes of this objective, where relevant, the AEMC must satisfy itself that the rule proposed to be made is compatible with the development and application of consumer protections for small customers, including (but not limited to) protections relating to hardship customers under section 236 of the NERL. Further, when the AEMC is making a rule relating to hardship customers and customer hardship policies as referred to in section 49 of the NERL, in addition to the rule making test, the AEMC must have regard to the purpose of the retailer’s hardship policy as referred to in section 43(1) of the NERL.

3.2 Notice of the making of the draft Rule determination (section 256(2) of the NERL)

Notice of making of the draft Rule determination will include:

3.3 Right to make written submissions (section 257 of the NERL)

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 258 of the NERL)

Any person may request the AEMC in writing to hold a public hearing on the draft Rule determination before the closing date for requests for a public hearing.

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 three 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 244 and 260 of the NERL)

The AEMC may make a more preferable Rule, if it is satisfied that, after considering the issue(s) in the proponent's proposed Rule, the more preferable Rule will or is likely to better contribute to the achievement of the national energy retail 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.