Electricity Industry Act 2010

Electricity industry governance - Electricity Industry Participation Code - Making and amending Code

39: Consultation on proposed amendments

You could also call this:

“The Authority must ask people what they think about planned changes to the Code”

When the Authority wants to change the Code, they need to follow some steps. First, they must share a draft of the proposed change with the public. They also need to prepare and share a document called a regulatory statement. This statement explains the change and its effects. Finally, they need to ask people what they think about the proposed change and the regulatory statement.

The regulatory statement is an important document. It needs to explain what the proposed change is trying to achieve. It also needs to look at how much the change might cost and what benefits it might bring. The statement should also consider other ways to achieve the same goals as the proposed change.

Sometimes, the Authority doesn’t have to do all these steps. This can happen if the change is small and not controversial, or if most people who would be affected by the change already support it. It can also happen if there has already been enough discussion about the change, like through an advisory group, so that everyone’s views have been heard.

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"The group in charge can change the rules about electricity"


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Part 2 Electricity industry governance
Electricity Industry Participation Code: Making and amending Code

39Consultation on proposed amendments

  1. Before amending the Code, the Authority must—

  2. publicise a draft of the proposed amendment; and
    1. prepare and publicise a regulatory statement; and
      1. consult on the proposed amendment and the regulatory statement.
        1. The regulatory statement required for a proposed amendment to the Code must include the following:

        2. a statement of the objectives of the proposed amendment:
          1. an evaluation of the costs and benefits of the proposed amendment:
            1. an evaluation of alternative means of achieving the objectives of the proposed amendment.
              1. Despite subsection (1), the Authority need not comply with subsection (1)(b) or (c) if it is satisfied on reasonable grounds that—

              2. the nature of the amendment is technical and non-controversial; or
                1. there is widespread support for the amendment among the people likely to be affected by it; or
                  1. there has been adequate prior consultation (for instance, by or through an advisory group) so that all relevant views have been considered.