National Energy Retail Law (NSW)

Subject to this section, if the AEMC considers that—

an AEMC initiated Rule is a non-controversial Rule; or

a request for a Rule is a request for a non-controversial Rule; or

a request for a Rule is a request for an urgent Rule,

Before making a Rule as set out in subsection (1), the AEMC must include in a notice under section 251 a statement to the effect that the AEMC may make the relevant Rule if the AEMC does not receive a written request, and reasons, not to do so from any person or body within 2 weeks of publication of that notice.

The AEMC must not make a Rule in accordance with this section if, following publication of a notice under section 251 containing a statement to the effect set out in subsection (2)—

the AEMC receives a written request not to do so; and

the reasons set out in that request are not, in its opinion, misconceived or lacking in substance.

If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule are misconceived or lacking in substance, the AEMC must—

make a decision to that effect; and

give the person or body its reasons, in writing, for that decision without delay.

If the AEMC is of the opinion that the reasons given by a person or body in a written request for it not to make the non-controversial Rule or urgent Rule, are not misconceived or lacking in substance, the AEMC must publish a notice to the effect that it will make the relevant Rule in accordance with this Division (other than this section).