New South Wales Consolidated Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[History]
[Help]
NATIONAL GAS (NSW) LAW - SECT 52
Opportunity to be heard before regulatory information notice is served
52 Opportunity to be heard before regulatory information notice is served
(1) The AER, before serving a regulatory information notice, must-- (a)
notify, in writing, the service provider, or the related provider, on whom the
AER intends to serve the regulatory information notice of its intention to do
so; and
(b) give the service provider, or the related provider, a draft of
the regulatory information notice it intends to serve.
(2) If the regulatory
information notice to be served is an urgent notice, the AER must, in a notice
under subsection (1)-- (a) identify the regulatory information notice to be
served as an urgent notice; and
(b) give its reasons, in writing, why the
regulatory information notice to be served is an urgent notice.
(3) A
regulatory information notice is an urgent notice if-- (a) under the notice
the AER will require the service provider or related provider to provide
information to the AER; and
(b) that requirement has arisen because the AER
considers it must deal with or address a particular matter or thing in order
for it to make an AER economic regulatory decision or a rate of return
instrument; and
(c) the AER considers that, having regard to the time within
which it must make that AER economic regulatory decision or rate of return
instrument, the time within which the AER requires the information is of the
essence.
(4) A notice under subsection (1) must-- (a) invite the service
provider, or the related provider, to make written representations to the AER
as to whether the AER should serve the regulatory information notice on them;
and
(b) specify the period within which the service provider, or the related
provider, may make the representations.
(5) The period that must be specified
in accordance with subsection (4) must be-- (a) in the case of an urgent
notice to be served--a period of not less than 5 business days and not more
than 10 business days calculated from the date of the notice under subsection
(1);
(b) in all other cases--a period of at least 20 business days calculated
from the date of the notice under subsection (1).
(6) The AER must consider
the written representations made in accordance with a notice under subsection
(1) before making its decision in accordance with this Division to serve the
regulatory information notice.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback