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NATIONAL GAS (QUEENSLAND) LAW - SECT 301
Initial consideration of request for Rule
301 Initial consideration of request for Rule
(1) Subject to this Chapter, as soon as practicable after receiving a request
for the making of a Rule (an
"active request" ), the AEMC must consider whether— (a) the active request
appears to— (i) contain the information prescribed by the Regulations or the
Rules (or both); and
(ii) not be misconceived or lacking in substance; and
(b) the subject matter of the active 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 74 and Schedule 1 to this Law specify the subject matter for
Rules.
(c) the subject matter of the active request appears to relate to
the subject matter of— (i) a Rule made, or a request for the making of a
Rule under section 295 (1) not proceeded with, in the 12 months immediately
before the date of receipt of the active request; or
(ii) another request for
the making of a Rule under section 295 (1) in respect of which the AEMC is
taking action under this Part; and
(d) in the case of an active request for a
trial Rule—the subject matter of the request appears to relate to the
subject matter of— (i) a trial waiver granted by the AER; or
(ii) an
application for a trial waiver that has been received by the AER (but that has
not been granted at the time of the active request for the trial Rule).
(2)
If the AEMC considers that— (a) in the case of an active request for the
making of any Rule—having regard to the matters set out in subsection (1) ,
it should not take any action under this Part in respect of the
active request; or
(b) in the case of an active request for the making of a
trial Rule—it should not take any action under this Part in respect of the
active request on the basis that— (i) the trial project to which the
active request relates— (A) is unlikely to be carried out; or
(B) offers no
reasonable prospect of leading to better services and outcomes for consumers
of gas; or
(ii) the trial Rule requested— (A) is unnecessary to enable the
trial project to be undertaken (including, for example, because the trial
project could be undertaken under a trial waiver); or
(B) is unlikely to
enable the trial project to be undertaken; or
(C) should be the subject of a
request for a Rule other than a trial 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 Part in
respect of the active request if the person or body that made the
active request has not complied with a notice in accordance with section 302 .
(4) In making a decision under subsection (3) , the AEMC must have regard to
any representation it receives under section 302 (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 active 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 Chapter,
if the AEMC considers that, having regard to the matters set out in subsection
(1) , it should take action under this Part in respect of an active request
the AEMC must publish notice of that active request in accordance with
section 303 .
(7) The AEMC must, as soon as practicable after receiving an
active request relating to a trial Rule, consult with AEMO on the matter.
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