South Australian Numbered Acts South Australian Numbered Acts61—Amendment of the NEL—New sections 93 and 94 substituted and new
section 94A inserted
NEL, sections 93 and 94—delete the sections and substitute:
93—Consolidation of 2 or more Rule requests
(1) If the AEMC
considers it necessary or desirable that 2 or more requests for the making of
a Rule should be dealt with together, the AEMC may—
(a)
treat those requests as 1 request for the purposes of this Part (a
"consolidated Rule request"); or
(b)
treat any later request as a submission in relation to the earliest Rule
request.
(2) For the purposes
of this Part, the AEMC may treat a consolidated Rule as being received by it
on the day it receives either the first or last of the Rule requests forming
part of the consolidated Rule request.
94—Initial consideration of request for Rule
(1) Subject to this
Part, as soon as practicable after receiving a request for the making of a
Rule, the AEMC must consider whether—
(a) the
request for the Rule appears to—
(i)
contain the information prescribed by the Regulations;
and
(ii)
not be misconceived or lacking in substance; and
(b) the
subject matter of the request appears to be for or with respect to a matter in
respect of which the AEMC may make a Rule under this Law; and
Note—
Section 34 and Schedule 1 to this Law specify the subject matter for Rules.
(c) the
subject matter of the request appears to relate to the subject matter
of—
(i)
a Rule made, or a request for the making of a Rule under
section 91(1) not proceeded with, in the 12 months immediately before the date
of making of that Rule or that request; or
(ii)
a request for the making of a Rule under
section 91(1) in respect of which the AEMC is taking action under this
Division.
(2) If the AEMC
considers that, having regard to the matters set out in subsection (1),
it should not take any action under this Division in respect of the request
for the making of the Rule, the AEMC must make a decision to that effect and
inform the person or body, in writing, that requested the Rule of that
decision.
(3) Despite
subsection (1) or (2), the AEMC may make a decision to the effect that it
should not take any action under this Division in respect of the request for
the making of the Rule if the person or body that made the request has not
complied with a notice in accordance with section 94A.
(4) In making a
decision under subsection (3), the AEMC must have regard to any
representation it receives under section 94A(4).
(5) A decision under
subsection (2) or (3) must—
(a) set
out the reasons for the decision; and
(b) be
given to the person or body that made the request without delay; and
(c) in
the case where the decision was made only because of the matters set out in
subsection (1)(c)—be published.
(6) Subject to this
Part, if the AEMC considers that, having regard to the matters set out in
subsection (1), it should take action under this Division in respect of
the request for the making of the Rule, the AEMC must publish notice of the
request for the making of a Rule in accordance with section 95.
94A—AEMC may request further information from Rule proponent in certain
cases
(1) This section
applies if the AEMC—
(a)
receives a request for the making of a Rule under section 91(1); and
(b)
considers, having regard to the nature and content of the request, that
further information is required from the person or body that has made the
request to assist it to understand the request's purpose or content.
(2) The AEMC may, by
notice in writing, request the person or body that made the request under
section 91(1) to provide the AEMC further information.
(3) A notice under
subsection (2) must specify—
(a) the
kind of information the AEMC requires from the person or body; and
(b) the
time within which that information must be provided to the AEMC.
(4) A person or body
given a notice under this section may make a written representation to the
AEMC as to why it cannot provide the information specified in the notice
within the time specified in the notice.