National Gas (NSW) Law

Before serving a market monitoring information notice, the AER must give the person on whom the AER intends to serve the notice a draft of the notice and an opportunity to make a submission on the draft notice.

A draft notice must state—

whether the notice is to be issued as a standard notice or an urgent notice; and

for an urgent notice—the reasons the AER believes access to the relevant information is time critical.

A submission must be made—

for a standard notice—within the longer of the following—

20 business days after the draft notice is given to the person;

the period stated in the notice; or

for an urgent notice—within the period stated in the draft notice, being at least 5 business days and not more than 10 business days after the draft notice is given to the person.

A submission made within the time periods provided for in subsection (3) must be considered by the AER before serving a market monitoring information notice on a person.