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Electricity Industry Safety and Administration Act 1997
An Act to ensure that electrical contractors and workers are appropriately qualified and regulated, to establish safety standards for electrical articles, to provide for the investigation of accidents in the electricity industry and for related purposes
[Royal Assent 22 December 1997]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Electricity Industry Safety and Administration Act 1997 .
This Act commences on a day or days to be proclaimed.
In this Act, unless the contrary intention appears –authorised officer means a person authorised by the Regulator under section 9(1) to exercise powers of an authorised officer under this Act;Board means the Electrical Appeals Board;defective has the meaning given in section 4 ;electrical article means –(a) an electrical appliance; or(b) an article of electrical equipment;electrical contractor's business means a business involving entering into contracts to carry out electrical work;electrical infrastructure means equipment, lines and wires for the generation, transmission or distribution of electricity and includes supporting and protective structures relating to such equipment, lines or wires;electrical installation means a set of wires and associated fittings, equipment and accessories that is, or is to be, connected to a system for the transmission or distribution of electricity;electrical work means –but, subject to compliance with any conditions of the exclusion, does not include work of a kind excluded by regulation from the ambit of this definition;(a) work on the installation, repair, alteration or removal of an electrical circuit or associated fittings, equipment or accessories; or(b) work on the installation, repair, alteration or removal of electrical infrastructure; or(c) work that is by determination of the Regulator to be regarded as specialist work –electrical worker means a person who carries out electrical work;electricity entity means a person licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ;holder, in relation to a licence, includes a former holder;licence means an electrical contractor's licence or an electrical technician's licence;premises includes –(a) a temporary or permanent building or structure; and(b) a caravan, vehicle or vessel;Regulator means the person appointed as the Regulator under section 5 of the Electricity Supply Industry Act 1995 ;relevant Australian Standard for electrical articles means Australian Standard AS 4417.2 (as amended from time to time) and includes an Australian Standard substituted for that Standard;representation means an express or implied representation;serious electrical accident means an accident involving electrocution or electric shock serious enough to cause temporary or permanent disability or to require medical attention;to sell includes –(a) to hire out; and(b) to offer for sale or hire; and(c) to provide at no cost but as part of a commercial arrangement or in expectation of obtaining a benefit of commercial value;State includes the Australian Capital Territory and the Northern Territory.
Electrical work is defective if –(a) the work does not comply with proper standards of good workmanship; or(b) the materials used are faulty or unsuitable for the purposes of the work; or(c) the work does not comply with requirements under this Act; or(d) the work has been left in an incomplete and unsafe condition.
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
PART 2 - Administration
6. Delegation of Regulator's functions
(1) The Regulator may delegate any of the Regulator's functions under this Act.(2) A delegation may be made to –(a) a board or committee established under this Act; or(b) a public or local authority; or(c) an officer or employee of –(i) the Crown; or(ii) a public or local authority; or(d) any other authority or person of a class prescribed by regulation.
(1) The Minister may establish a board, to be known as theElectrical Licensing Board, to assist the Regulator in the administration of the licensing scheme for electrical contractors and electrical technicians.(2) The Electrical Licensing Board is to exercise the functions delegated to it by the Regulator.(3) Schedule 1 has effect with respect to the constitution and membership of the Electrical Licensing Board.(4) The Regulator may determine procedures for the Electrical Licensing Board and, to the extent the Board's procedures are not so determined, the Board may determine its own procedures.
(1) The Regulator may establish committees to assist the Regulator or the Electrical Licensing Board in carrying out functions under this Act.(2) The composition of a committee is to be as the Regulator determines.(3) The Regulator may determine a committee's procedures and, to the extent a committee's procedures are not so determined, the committee may determine its own procedures.
(1) The Regulator may authorise –to exercise powers of authorised officers under this Act.(a) persons subject to the Regulator's administrative direction or control; or(b) other persons who are in the Regulator's opinion appropriate persons to exercise the powers of authorised officers under this Act –(2) The Regulator must issue a certificate of authority to each person to whom an authorisation is given under this section.(3) An authorised officer must, at the request of a person in relation to whom the authorised officer is exercising or proposing to exercise powers under this Act, produce the certificate of authority for inspection.Penalty: Fine not exceeding 20 penalty units.
10. Power to obtain information
(1) The Regulator may, by written notice given to a person who may, in the Regulator's opinion, be in possession of information, documents or materials relevant to the administration of this Act, require the person –(a) to provide written answers to specified questions within a period specified in the notice; or(b) to produce documents or other materials for examination at a time and place specified in the notice; or(c) to appear for examination before an authorised officer at a nominated time and place for examination on a matter specified in the notice.(2) A person who –is guilty of an offence.(a) without reasonable excuse fails to comply with a requirement under this section; or(b) in response to such a requirement, knowingly gives information that is false or misleading or deliberately refrains from giving material information; or(c) having been required to appear before an authorised officer for examination, fails to comply with reasonable requirements of the authorised officer –Penalty: Fine not exceeding 50 penalty units.
A person who obtains information in carrying out functions related to the administration of this Act must not disclose the information unless the disclosure is made –(a) in connection with the administration of this or another Act; or(b) with the consent of the person to whom the information relates; or(c) for the purposes of legal proceedings; or(d) in accordance with a requirement or authority made or conferred by law.Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
(1) The Regulator must maintain a register of all licences in force under this Act.(2) The register must include –(a) the terms and conditions of each licence; and(b) other information required under the regulations.(3) The register is to be available for inspection at the Regulator's principal office during ordinary office hours.(4) The Regulator may charge a fee for inspection of the register or the provision of an extract from the register.
PART 3 - Regulation of electrical work
Division 1 - Preliminary
13. Classification of electrical work
(1) The Regulator may, for the purposes of this Act, determine that electrical work is to be divided into classes specified in the determination.(2) The Regulator may determine that a particular class of work is to be regarded as specialist work.
14. Standards and requirements
The Regulator may determine standards and requirements with which an applicant for a licence relating to a particular class of electrical work must comply.
15. Exclusion of right of appeal
No appeal lies against a determination under this Division.
16. Copies of determinations to be provided
The Regulator must, at the request of an interested person, provide the person with a copy of a determination under this Division.
Division 2 - Authority to carry out electrical work
17. Obligation to hold licence as electrical contractor
A person must not carry on an electrical contractor's business unless the person holds an electrical contractor's licence of the class appropriate to the work to be carried out in the course of the business.Penalty: Fine not exceeding 200 penalty units.
18. Obligation to ensure that electrical contractor's business is properly managed
(1) A person who holds an electrical contractor's licence must not carry on an electrical contractor's business unless electrical work carried out in the course of the business is subject to the management and supervision of a nominated manager, being an individual –(a) who –(i) holds an electrical technician's licence; and(ii) is, in the Regulator's opinion, competent to assess the scope and technical requirements of work to be carried out under a contract or proposed contract, to determine the skills and resources necessary to carry out the work, and put in place appropriate arrangements for carrying out the work properly and safely; and(b) who is designated in the licence, or by notice of nomination under this section, as the nominated manager.Penalty: Fine not exceeding 200 penalty units.(2) If the nominated manager for a particular electrical contractor's business dies, or ceases to manage the electrical work carried out in the course of the electrical contractor's business, no offence is committed against this section if, within 60 days or a longer period allowed by the Regulator, the holder of the licence nominates, by notice of nomination given in the manner and form required by the Regulator, a new manager who is eligible to be the nominated manager for the electrical contractor's business.
19. Obligation to hold electrical technician's licence
A person must not carry out electrical work unless –(a) the person is an individual who holds an electrical technician's licence of the relevant class; or(b) the person is an individual undergoing a course of training approved by the Regulator whose work is supervised by the holder of an electrical technician's licence of the relevant class; or(c) the work is carried out through an agent or employee –(i) who holds an electrical technician's licence of the relevant class; or(ii) who is undergoing a course of training approved by the Regulator and whose work is supervised by the holder of an electrical technician's licence of the relevant class.Penalty: Fine not exceeding 200 penalty units.
20. Obligation of holder of electrical contractor's licence
(1) The holder of an electrical contractor's licence must ensure that work carried out under the licence is carried out by an individual –(a) who holds an electrical technician's licence of the relevant class; or(b) who is undergoing a course of training approved by the Regulator and whose work is supervised by the holder of an electrical technician's licence of the relevant class.Penalty: Fine not exceeding 100 penalty units.(2) A holder of an electrical technician's licence who is supervising electrical work by a trainee must –(a) give any directions necessary to ensure that the work is carried out correctly; and(b) personally ensure that the work is correctly carried out.Penalty: Fine not exceeding 100 penalty units.
21. Register of electrical workers
(1) The holder of an electrical contractor's licence must keep a register of persons employed by the electrical contractor to carry out electrical work.(2) The register must designate each employee who holds an electrical technician's licence and the classes of electrical work to which the licence relates.(3) The holder of an electrical contractor's licence must, at the request of an authorised officer, make the register available for inspection by the authorised officer.(4) A person who fails to keep a register, or to make it available for inspection, as required under this section is guilty of an offence.Penalty: Fine not exceeding 50 penalty units.
Division 3 - Electrical contractor's licences
22. Application for electrical contractor's licence
(1) An application for an electrical contractor's licence is to be made to the Regulator.(2) The application is to be made in a form determined by the Regulator.(3) The application must –(a) state the class or classes of electrical work for which the licence is sought; and(b) be accompanied by information required by the Regulator about –(i) the suitability of the applicant to hold an electrical contractor's licence of the relevant class; and(ii) the nominated manager for the electrical work to be carried out under the licence; and(iii) any arrangements made or proposed by the applicant to ensure that work is carried out, or supervised, by the holder of an electrical technician's licence of the relevant class.(4) The applicant must –(a) provide the Regulator with any further information required by the Regulator; and(b) comply with other preconditions to the grant of the licence stipulated by the Regulator.(5) Without limiting the generality of subsection (4)(b) , the Regulator may, as a precondition of granting the application, require an applicant to obtain insurance of a particular class in relation to the business to be carried on under the licence or to undergo a specified course of training.
23. Determination of application
(1) If an application for an electrical contractor's licence is properly made, the Regulator must consider the application and –(a) issue a licence to the applicant, which may be unconditional or subject to any conditions the Regulator considers appropriate; or(b) refuse the application.(2) If the Regulator refuses an application, the Regulator must give the applicant written notice setting out the reasons for the refusal.
24. Authority conferred by electrical contractor's licence
An electrical contractor's licence authorises the holder of the licence, subject to the conditions of the licence, to enter into contracts to carry out electrical work of the class or classes specified in the licence.
Division 4 - Electrical technician's licences
25. Application for electrical technician's licence
(1) An application for an electrical technician's licence is to be made to the Regulator.(2) The application is to be made in a form determined by the Regulator.(3) The application –(a) must state the class or classes of electrical work for which the licence is sought; and(b) must be accompanied by information required by the Regulator about –(i) the applicant's qualifications and experience in carrying out electrical work; and(ii) any other information relevant to the applicant's capacity and fitness to carry out electrical work of the relevant class or classes.(4) The applicant must –(a) provide the Regulator with any further information required by the Regulator; and(b) comply with other preconditions to the grant of the licence stipulated by the Regulator.(5) Without limiting the generality of subsection (4)(b) , the Regulator may, as a precondition of granting the application, require an applicant to undergo a specified course of training.
26. Determination of application
(1) If an application for an electrical technician's licence is properly made, the Regulator must consider the application and –(a) issue a licence to the applicant, which may be unconditional or subject to any conditions the Regulator considers appropriate; or(b) refuse the application.(2) If the Regulator refuses an application, theRegulator must give the applicant written notice setting out the reasons for the refusal.
27. Authority conferred by electrical technician's licence
An electrical technician's licence authorises the holder of the licence, subject to the conditions of the licence, to carry out, or to supervise, electrical work of the class or classes specified in the licence.
Division 5 - General provisions about licences
If an electrical technician's licence is to be issued to an individual who holds or is to be granted an electrical contractor's licence, the electrical technician's licence may be endorsed on the electrical contractor's licence.
(1) If the Regulator is satisfied that there are special reasons for doing so, the Regulator may grant a licence to an applicant on a provisional basis even though the applicant does not meet the requirements for the grant of the licence.(2) The licence must be clearly designated as a provisional licence.(3) The Regulator may, at any time, cancel a provisional licence by written notice given to the holder of the licence.
30. Certificate of identification
(1) The Regulator may issue to the holder of a licence a certificate of identification in a form the Regulator considers appropriate.(2) The certificate of identification may, if the Regulator considers appropriate, be incorporated in the licence issued on an application for the grant or renewal of the licence.
(1) A licence, other than a licence granted on a provisional basis, is to be granted or renewed for a term, not exceeding 3 years, specified in the licence.(2) A licence granted on a provisional basis is to be granted for a term, not exceeding one year, specified in the licence.
(1) The Regulator may, on application by the holder of a licence, renew the licence for a further term.(2) A licence granted on a provisional basis is not renewable.
(1) A licence is subject to –(a) conditions specified in the licence at the time of the issue or renewal of the licence; and(b) conditions imposed by the Regulator under subsection (2) .(2) The Regulator may, by written notice given to the holder of a licence, add to or vary the conditions of the licence.(3) The holder of a licence must not contravene a condition of the licence.Penalty: Fine not exceeding 100 penalty units.
(1) The holder of a licence may, by written notice to the Regulator, surrender the licence.(2) The notice of surrender must be accompanied by the licence or a statement to the effect that it has been lost or destroyed.
A licence is not transferable.
If a licence is obtained by fraud –(a) the licence is void; and(b) the person in whose name the licence was issued is not, for the purposes of this Act, to be regarded as the holder of a licence.
(1) The holder of a licence must, at the request of the Regulator, produce the licence to the Regulator.Penalty: Fine not exceeding 20 penalty units.(2) A person who is carrying out, proposes to carry out, or has carried out, electrical work must produce the licence authorising the carrying out of the work for inspection at the request of –(a) the Regulator; or(b) an authorised officer; or(c) a person in control of land or premises on which the person is carrying out, proposes to carry out, or has carried out, the electrical work; or(d) a person with whom the holder has contracted or proposes to contract to carry out the electrical work.Penalty: Fine not exceeding 20 penalty units.
(1) The Regulator may establish a rating system for licences.(2) The rating of a licence is to be based on the performance of the holder of the licence as assessed in accordance with the system.(3) The rating system may provide for the automatic suspension of a licence if the rating falls below a stated level.
Division 6 - Investigation and rectification of electrical work
39. Investigation of electrical work
The Regulator may, either on complaint or on its own initiative, investigate electrical work to determine whether the work has been properly carried out.
40. Power to make rectification order
(1) If the Regulator is satisfied on investigation that electrical work carried out by the holder of an electrical contractor's licence is defective, the Regulator may make a rectification order, being an order requiring rectification of the defective work, against the holder of the licence.(2) A rectification order –(a) must give reasonable particulars of the work required to be carried out under the order; and(b) must be given personally or by post to the holder of the licence.(3) A person against whom a rectification order is made must comply with the order.Penalty: Fine not exceeding 100 penalty units.
Division 7 - Disciplinary proceedings
41. Proper cause for disciplinary action
(1) There is proper cause for disciplinary action against the holder of an electrical contractor's licence if –(a) the holder is guilty of improper conduct; or(b) the holder has failed to ensure, or is not in a position to ensure, that the work carried out under the licence is properly managed or supervised; or(c) the holder is not a fit and proper person to hold the licence; or(d) where the holder of the licence is a corporation, any officer of the corporation is not a fit and proper person to be an officer of a corporation that holds a licence.(2) There is a proper cause for disciplinary action against the holder of an electrical technician's licence if –(a) the holder is guilty of improper conduct; or(b) the holder is not a fit and proper person to hold the licence.(3) The holder of a licence is guilty of improper conduct if the holder –(a) contravenes a provision of this Act; or(b) is responsible for defective electrical work.
(1) If the Regulator is satisfied that there is reason to believe there may be proper cause for disciplinary action against the holder of a licence, the Regulator may give the holder a show cause notice, being a notice –(a) stating that the Regulator believes there is proper cause for disciplinary action for reasons specified in the notice; and(b) allowing the holder a reasonable opportunity to show why the disciplinary action should not be taken against the holder under this Part.(2) The Regulator must not give a show cause notice under this section if –(a) the reason for the disciplinary action lies in defective work for which the holder of the licence is responsible; and(b) a rectification order has been made in relation to the defective work; and(c) the holder of the licence has complied with the rectification order, or the time for complying with the rectification order has not yet expired.
(1) The Regulator may establish disciplinary panels for the purposes of this Act.(2) Before the Regulator takes disciplinary action against the holder of a licence –(a) the Regulator must refer the matter to a disciplinary panel for its recommendation; and(b) the panel –(i) must consider the matters set out in the relevant show cause notice and the holder's response, if any, to the show cause notice; and(ii) may consider oral representations made by or on behalf of the Regulator and the holder of the licence; and(iii) must make a recommendation to the Regulator about whether disciplinary action should be taken and, if so, the nature of the disciplinary action; and(c) the Regulator must consider the panel's recommendation.
(1) After considering the recommendation of the disciplinary panel, the Regulator may exercise one or more of the following powers:(a) administer a caution or a reprimand;(b) reduce the rating of the licence;(c) require the holder of the licence to undergo a course of training stipulated by the Regulator;(d) add to, or alter, the conditions of the licence;(e) suspend the licence for a period of not more than 3 months;(f) cancel the licence and disqualify the former holder from holding a licence for a specified period.(2) If the holder of a licence fails to comply with a requirement under subsection (1)(c) , the Regulator may suspend the licence until the holder does comply with the requirement.
Division 8 - Miscellaneous requirements
45. Licence number to be shown in advertisements, &c.
The holder of an electrical contractor's licence must ensure that the licence number is shown in any written advertisement published in relation to the business conducted under the licence and in any account or correspondence issued by the holder in relation to that business.Penalty: Fine not exceeding 50 penalty units.
(1) A person must not falsely represent that the person making the representation or another person holds an electrical contractor's licence or an electrical contractor's licence of a particular class.Penalty: Fine not exceeding 150 penalty units.(2) A person must not represent that the person making the representation or another person is prepared to enter into a contract to carry out electrical work, unless the person to whom the representation relates holds an electrical contractor's licence of the relevant class.Penalty: Fine not exceeding 150 penalty units.(3) A person must not falsely represent that the person making the representation or another person holds an electrical technician's licence, or an electrical technician's licence of a particular class.Penalty: Fine not exceeding 150 penalty units.
PART 4 - Electrical articles
Division 1 - Preliminary
47. Electrical articles to which this Part applies
(1) This Part applies to –(a) electrical articles of a kind specified in the relevant Australian Standard for electrical articles, or in a relevant appendix to that Standard; and(b) electrical articles of a kind declared by the Regulator, by notice in the Gazette, to be electrical articles to which this Part applies.(2) The Regulator may, by notice in the Gazette –(a) declare electrical articles of a specified kind to be electrical articles to which this Part applies; or(b) vary or revoke a previous declaration under this section.
(1) A standard is a relevant standard for an electrical article to which this Part applies if –(a) it is a standard stated in the relevant Australian Standard to be a standard applicable to an electrical article of the relevant type or a standard accepted by the Regulator instead of such a standard; or(b) if there is no standard applicable under paragraph (a) , a standard determined by the Regulator to be a relevant standard for articles of the relevant type.(2) The Regulator may, by notice in the Gazette –(a) determine that a particular standard is the relevant standard for electrical articles of a specified type; or(b) vary or revoke a previous declaration under this section.
49. Approval of electrical articles
(1) An electrical article to which this Part applies is approved if –(a) it is approved by the Regulator under this Part; or(b) it is approved, registered or certified by an external authority.(2) An external authority is –(a) an authority of another State or of New Zealand that has power to approve, register or certify electrical articles; or(b) an authority or entity approved by the Regulator as an external authority for the purposes of this section.(3) The Regulator may, by notice in the Gazette –(a) approve an authority or entity as an external authority for the purposes of this section; or(b) vary or revoke a previous approval.
50. Marking of electrical articles
(1) An electrical article to which this Part applies is marked as required under this Part if –(a) in the case of an article approved by the Regulator under this Part, it is marked as required under the conditions of its approval; or(b) in the case of an article approved by an external authority –(i) it displays a regulatory compliance mark in accordance with the relevant Australian Standard for electrical articles; or(ii) it is marked as required by law in the jurisdiction of the external authority.(2) A person must not –(a) mark an electrical article in a way that suggests it is approved by the Regulator or an external authority if it is not in fact so approved; or(b) make any form of representation to the effect that an electrical article is approved by the Regulator or an external authority, or from which it might reasonably be inferred that an article is approved by the Regulator or an external authority, if the article is not in fact so approved; or(c) misuse a mark for indicating approval of an electrical article.Penalty: Fine not exceeding 50 penalty units.(3) A person must not sell an article marked in a way suggesting that it is approved by the Regulator or an external authority if it is not in fact so approved.Penalty: Fine not exceeding 50 penalty units.
Division 2 - Approval of electrical articles
51. Application for approval of electrical articles
An application for approval of electrical articles of a particular type –(a) must be made to the Regulator in a form approved by the Regulator; and(b) must be accompanied by –(i) a declaration by the applicant that a representative sample of the articles has been tested and examined by a specified testing laboratory approved by the Regulator; and(ii) a report by the laboratory stating that the article has been tested and examined by reference to the relevant standard and stating the results of the tests and examination; and(iii) if the Regulator so requires, a sample of the article; and(iv) any other relevant information the Regulator requires about the construction, operation or safety of the article.
(1) The Regulator may approve electrical articles of a particular type if satisfied that the articles comply with the requirements of the relevant standard.(2) When the Regulator approves electrical articles of a particular type, the Regulator must –(a) assign an identification number indicating approval of articles of the relevant type; and(b) issue a certificate of approval in respect of articles of the relevant type to the applicant.(3) If the Regulator decides not to approve electrical articles of a particular type, the Regulator must give the applicant written notice of the decision not to approve the articles –(a) setting out the reasons for the decision; and(b) stating the applicant's right of appeal.
(1) Unless cancelled earlier, an approval of electrical articles of a particular type remains in force for 5 years.(2) An approval may be renewed by the Regulator for a further term of 5 years but is not capable of being further renewed so that the aggregate period of approval exceeds 10 years.
Division 3 - Restriction on sale of electrical articles
54. Sale of electrical articles
A person must not in the course of a business sell an electrical article to which this Part applies unless –(a) the article is approved as required under this Part; and(b) the article is marked as required under this Part; and(c) the article complies with the relevant standard for the article.Penalty: Fine not exceeding 50 penalty units.
55. Sale of second-hand electrical articles
A person must not in the course of a business sell second-hand electrical articles unless a label is attached –(a) warning that the article has not been tested to ensure that it can be safely operated; or(b) certifying that the article has been tested by a competent person and has been found to be safe.Penalty: Fine not exceeding 50 penalty units.
56. Prohibition of sale of electrical articles
(1) If an authorised officer finds that electrical articles offered for sale are unsafe, or do not comply with the requirements of this Act, the authorised officer may, by written notice to the person who has the articles for sale, prohibit the sale of the articles.(2) If the Regulator has reason to believe that electrical articles of a particular description are unsafe, or do not comply with the requirements of this Act, the Regulator may, by notice in the Gazette, prohibit the sale of the articles.(3) A person must not contravene a prohibition under this section.Penalty: Fine not exceeding 50 penalty units.(4) If a person contravenes a prohibition under this section, an authorised officer may seize and confiscate electrical articles subject to the prohibition in the possession of the person who contravened the prohibition.(5) Electrical articles seized and confiscated under this section become the property of the Crown and may be disposed of as directed by the Regulator.
Division 4 - Recall of defective electrical articles
57. Power to require recall of defective electrical articles
(1) If the Regulator has reason to believe that defective electrical articles have been sold, the Regulator may require vendors who carry on the business of selling electrical articles by wholesale or retail to take specified action –(a) to recall electrical articles of the relevant description that they have sold; and(b) to have the articles repaired so that they can be safely used or, if it is not economic to repair them, to replace them with similar electrical articles that are not defective or to compensate the purchasers on a basis stipulated by the Regulator.(2) The Regulator may impose a requirement under this section –(a) by giving written notice of the requirement to the vendor; or(b) by publishing notice of the requirement in the Gazette and taking any other action the Regulator considers appropriate to bring the requirement to the notice of vendors of electrical articles of the relevant description.(3) For the purposes of this section, an electrical article is defective if the article is, or is likely to become, unsafe in use.(4) A person who fails to comply with a requirement under this section is guilty of an offence.Penalty: Fine not exceeding 50 penalty units.
Division 5 - Energy efficiency
58. Compliance with minimum standards of energy efficiency
(1) A person must not, in the course of a business, sell an electrical article of a relevant class unless the article conforms to the relevant minimum standards of energy efficiency.(2) For the purposes of this section –(a) the relevant classes of electrical articles are those fixed by regulation for the purposes of this section; and(b) a relevant minimum standard of energy efficiency for a particular electrical article is a minimum standard fixed by regulation in relation to electrical articles of the relevant class.
59. Certain articles to be marked to indicate energy efficiency
(1) A person must not, in the course of a business, sell an electrical article of a relevant class unless the article is marked or labelled in a form approved under the regulations, to indicate its energy efficiency.(2) For the purposes of this section, the relevant classes of electrical articles are those fixed by regulation for the purposes of this section.
Division 6 - Miscellaneous
60. Notification of transfer of relevant business
If a person, on whose application an electrical article has been approved under this Part, transfers the business for the purposes of which the article was approved to another person, the person must give the Regulator written notice of the transfer.Penalty: Fine not exceeding 50 penalty units.
61. Certificates of approval and suitability
The Regulator may, on application by an interested person, issue a certificate of approval or certificate of suitability as envisaged by the relevant Australian Standard for electrical articles.
(1) The Regulator may fix fees –(a) on any application under this Part; or(b) for any approval or certificate issued under this Part; or(c) for any test conducted by the Regulator for the purposes of this Part; or(d) for anything else done by the Regulator under, or for the purposes of, this Part.(2) The Regulator may decline to proceed with an application or other matter under this Part for which a fee has been fixed unless the fee has been paid.
PART 5 - Electrical infrastructure, installations, equipment and practices
Division 1 - Power of entry and inspection
63. Power of entry and inspection
(1) An authorised officer may enter land or premises at any reasonable time to inspect –(a) electrical infrastructure; or(b) an electrical installation; or(c) an electrical article.(2) The authorised officer may carry out tests to determine whether the infrastructure, installation or equipment is safe.
Division 2 - Electrical infrastructure
64. Power to order rectification, &c.
(1) If, in the Regulator's opinion, any electrical infrastructure is deficient in any respect, the Regulator may order the owner or person in charge of the electrical infrastructure to carry out specified work to repair or replace the infrastructure.(2) This section extends to both technical and structural deficiencies.(3) A person must comply with an order under subsection (1) within the time allowed in the order.Penalty: Fine not exceeding 50 penalty units.
65. Relocation of certain infrastructure
(1) If, in the Regulator's opinion, any electrical infrastructure that has been erected in or adjacent to a public road may be or become a hazard to traffic, the Regulator may order the person in charge of the electrical infrastructure to remove and relocate the infrastructure in accordance with requirements stipulated in the order.(2) A person must comply with an order under subsection (1) within the time allowed in the order.Penalty: Fine not exceeding 50 penalty units.
Division 3 - Powers to ensure safety
66. Power to direct discontinuance of supply
(1) If the Regulator considers it necessary to do so for reasons of safety, the Regulator may, by written notice, direct an electricity entity to discontinue the supply of electricity to a particular electrical installation or a particular part of an electrical installation.(2) An electricity entity must comply with a direction under this section.Penalty: Fine not exceeding 200 penalty units.
67. Power to direct discontinuance of use
(1) If the Regulator considers it necessary to do so for reasons of safety, the Regulator may, by written notice, direct the person in charge of a particular piece of electrical equipment to discontinue use of the equipment.(2) A person to whom a direction is given under this section must comply with the direction.Penalty: Fine not exceeding 100 penalty units.
68. Power to direct discontinuance of practice
(1) If the Regulator considers that a particular practice creates a significant risk of a serious electrical accident, the Regulator may, by written notice, require a person in a position to do so to stop the practice.(2) A person to whom a direction is given under this section must comply with the direction.Penalty: Fine not exceeding 100 penalty units.
69. Power to make electrical infrastructure or installations safe
(1) If an authorised officer finds that electrical infrastructure or an electrical installation is unsafe, the authorised officer may –(a) disconnect the infrastructure or installation, or require the person in charge of the infrastructure or installation to disconnect it, from a source of electricity; and(b) require the person in charge of the installation to carry out the necessary work to make it safe before it is reconnected.(2) A requirement is to be imposed under subsection (1) by written notice given to the person in charge of the electrical infrastructure or installation.(3) A person in charge of electrical infrastructure or an electrical installation –(a) must comply with a requirement under this section; and(b) must not reconnect or permit the reconnection of the infrastructure or installation unless the work required by a notice under this section has been carried out or an authorised officer approves the reconnection.Penalty: Fine not exceeding 100 penalty units.
Division 4 - Emergency powers
70. Powers of authorised officer in an emergency
(1) In an emergency, an authorised officer may take any action the authorised officer considers necessary to protect life or property.(2) Without limiting the generality of subsection (1) , an authorised officer may take any one or more of the following actions under that subsection:(a) enter land or premises;(b) disconnect a source of electricity;(c) carry out work on electrical infrastructure or an electrical installation;(d) give directions to the person in charge of electrical infrastructure or an electrical installation that may be necessary to make it safe;(e) give other directions the authorised officer considers necessary to avert danger to life or property.(3) A person to whom a direction is given under this section must comply with the direction.Penalty: Fine not exceeding 100 penalty units.
Division 5 - Cathodic protection systems
71. Power to require disconnection of cathodic protection system
(1) If an authorised officer finds that a cathodic protection system or the operation of a cathodic protection system does not comply with the requirements of this Act, the authorised officer may take reasonable action, or require the person in charge of the system to take reasonable action, to make the system inoperable.(2) A requirement is to be imposed under subsection (1) by notice in writing given to the person in charge of the cathodic protection system.(3) A person in charge of a cathodic protection system must comply with a notice under this section.
PART 6 - Accidents
72. Notification of serious electrical accidents
(1) If a serious electrical accident occurs, the person responsible for reporting the accident –(a) must, as soon as practicable, inform the Regulator of the time and place of the accident and the general nature of the accident; and(b) must, within 21 days after the accident or a longer period approved by the Regulator, give the Regulator a written report containing full details of the accident and the reasons for the accident.Penalty: Fine not exceeding 150 penalty units.(2) The following persons are responsible for reporting serious electrical accidents –(a) if the accident occurs in the course of work being carried out by the holder of a licence, the holder of the licence; or(b) if the regulations designate a person as responsible for reporting accidents of the relevant type, the person so designated; or(c) in any other case, the occupier of the premises in which the accident occurred.
73. Interference with site of serious electrical accident
A person must not interfere with the site of a serious electrical accident unless –(a) the interference is necessary –(i) to provide medical or other assistance to a person affected by the accident; or(ii) to protect life or property; or(b) the interference is permitted by an authorised officer.Penalty: Fine not exceeding 100 penalty units.
74. Investigation of serious electrical accidents
(1) The Regulator may carry out an investigation into a serious electrical accident.(2) For the purposes of such an investigation, an authorised officer may exercise any one or more of the following powers:(a) enter and inspect the place of the accident;(b) examine and test any electrical equipment or article;(c) take photographs;(d) take for examination and analysis any substance or thing that may relate to the accident;(e) take possession of anything that may provide evidence of an offence;(f) require any person who may be in a position to do so to answer questions, or to produce records or other materials, that may be relevant to the accident and take copies of any such records or other materials;(g) make copies of, or take extracts from, any such records or other materials;(h) require the occupier of the place of the accident to provide reasonable assistance to the authorised officer in the exercise of powers under this section.(3) An authorised officer may not enter residential premises under this section unless authorised to do so by the occupier or a warrant.(4) A person of whom a requirement is made under this section must comply with the requirement.Penalty: Fine not exceeding 100 penalty units.
75. Publication of details of serious electrical accidents
(1) The Regulator may publish details of serious electrical accidents that the Regulator considers necessary in the interests of public information and safety.(2) No action in defamation arises from the publication of details of serious electrical accidents under this section.
76. Relationship with Coroners Act
Nothingin this Part is to be taken as limiting or affecting the jurisdiction of the Magistrates Court (Coronial Division) established under the Coroners Act 1995 .
PART 7 - Reviews. . . . . . . .
. . . . . . . . . . . . . . . .(1) A person who is directly affected by a decision of the Regulator may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.(2) . . . . . . . .(3) . . . . . . . .(4) . . . . . . . .(5) . . . . . . . .
81. Enforcement of determination
. . . . . . . .(1) The Regulator must give effect to a determination or order of the Magistrates Court (Administrative Appeals Division).(2) . . . . . . . .
PART 8 - Electrical safety management schemes
83. Electrical safety management schemes
(1) An electrical safety management scheme is a scheme under which –(a) the manager of the scheme undertakes responsibility for ensuring compliance with standards applying under this Act, or standards the Regulator considers equal or superior to standards applying under this Act, in relation to electrical safety generally or a particular aspect of electrical safety by the participants in the scheme; and(b) the participants in the scheme are exempted from compliance with this Act to an extent prescribed by the scheme.(2) An electrical safety management scheme may provide that a certification, registration, licence or approval under the scheme is equivalent to a certification, registration, licence or approval under this Act or another law relating to electrical safety.
(1) A person who has, in the Regulator's opinion, a proper interest in a proposed electrical management scheme, may submit the scheme to the Regulator for approval.(2) Before deciding an application for approval of the scheme, the Regulator may, by public advertisement –(a) give notice of the application; and(b) invite written submissions on the application from interested persons within the time specified in the advertisement.(3) The Regulator may approve a scheme on conditions the Regulator considers appropriate.(4) Without limiting the generality of subsection (3) , the Registrar may do any one or more of the following under that subsection:(a) require the manager of the scheme to pay to the Regulator fees and charges on a specified basis relating to the approval or supervision of the scheme;(b) require the manager to enter into specified agreements or agreements of a specified type;(c) restrict the range of business activities in which the manager may be involved;(d) regulate the administration and conduct of the scheme;(e) prescribe procedures for the variation or revocation of the scheme or of conditions of the scheme;(f) provide for information and reports to be provided by the manager.(5) The manager of an approved electrical management scheme must, if so required by written notice given to the manager by the Regulator, submit a revised scheme for approval by the Regulator within a period, which must be at least 60 days from the date of the notice, stated in the notice.Penalty: Fine not exceeding 100 penalty units.(6) A notice under subsection (5) must set out –(a) the matters to be addressed in the revised scheme; and(b) the proposed date for the revised scheme to take effect; and(c) the grounds on which the revision is required.(7) The Regulator may deal with a revised scheme in the same way as if the manager had applied for approval of the scheme under this section and, if the revised scheme is approved, the revised scheme takes effect in substitution for the scheme previously approved.
(1) The manager of an approved electrical safety management scheme must be a person approved by the Regulator as manager of the scheme.(2) Before the Regulator approves a person as manager of an approved electrical safety management scheme, the Regulator must be satisfied that the proposed manager has the necessary financial and technical resources to administer the scheme properly.
86. Variation or revocation of electrical safety management scheme
(1) An approved electrical safety management scheme may be varied or revoked –(a) in accordance with the procedures for variation or revocation contained in the scheme; or(b) by agreement between the manager of the scheme and the Regulator; or(c) if the Regulator is satisfied that variation or revocation of the scheme is necessary to ensure compliance with relevant standards of electrical safety, by notice given to the manager of the scheme by the Regulator.(2) The Regulator may, by notice given to the manager of an approved electrical safety management scheme, revoke the scheme if the manager fails to comply with the terms of the scheme or the conditions of its approval.
87. Notice of approval, variation or revocation
Notice of the approval, variation or revocation of an electrical safety management scheme must be published in the Gazette.
(1) While an approval remains in force in relation to an electrical safety management scheme, the scheme has the force of law.(2) A person must not contravene a term of an approved electrical safety management scheme or a condition of its approval.
PART 9 - Legal proceedings
89. Time for commencing prosecutions
(1) A prosecution for an offence against this Act may be commenced within 2 years after the date of the alleged offence or a longer period authorised by the Minister.(2) The Minister may authorise a prosecution after the expiration 2 years from the date of the alleged offence subject to the following qualifications:(a) the prosecution must be commenced within 6 months after the circumstances of the alleged offence come to the knowledge of the prosecutor;(b) the prosecution must be commenced within 10 years after the date of the alleged offence.
(1) A certificate apparently issued under the authority of the Regulator and certifying that a specified person was or was not the holder of a licence of a particular class at a specified time or for a specified period is admissible in legal proceedings –(a) as evidence of the facts so certified; and(b) if the certificate contains information about the terms and conditions of the licence, as evidence of the information contained in the certificate.(2) A certificate apparently issued under the authority of the Regulator and certifying that a specified licence was suspended, surrendered or cancelled on a particular date is admissible in legal proceedings as evidence of the fact so certified.(3) A certificate apparently issued under the authority of the Regulator and certifying that a notice, report or other document was or was not given or received on or before a specified date is admissible in legal proceedings as evidence of the fact so certified.(4) A certificate apparently signed by a member of the Board certifying that a determination was made in terms specified in the certificate is admissible in legal proceedings as evidence of the making and terms of the determination.
91. Vicarious liability of employers
(1) If an employee commits an offence against this Act, the employer is also guilty of an offence and liable to a penalty not exceeding the maximum prescribed for the employee's offence.(2) It is a defence to a charge against an employer for the employer to establish that the employer could not, by the exercise of reasonable diligence, have prevented the employee's offence.(3) An employer may be convicted of an offence under this section whether or not proceedings have been brought against the employee.
92. Liability of directors and managers
(1) If a body corporate commits an offence against this Act, each director or manager of the body corporate who knowingly authorised or permitted the offence is also guilty of an offence and liable to a penalty not exceeding the maximum prescribed for the body corporate's offence.(2) A director or manager may be convicted of an offence under this section whether or not proceedings have been brought against the body corporate.
PART 10 - Financial provisions
(1) In this section,electricity distributor means the holder of a licence authorising the distribution of electricity under the Electricity Supply Industry Act 1995 .(2) The Treasurer may, by written notice given to an electricity distributor –(a) require the distributor to contribute to the costs of the administration of this Act on a basis stipulated in the notice; or(b) vary or revoke a requirement previously imposed under this section.(3) An amount payable under a notice given under this section may be recovered by the Regulator from the electricity distributor as a debt.
(1) A fee payable under this Act may be recovered as a debt due to the Crown.(2) The Regulator may remit or refund a fee payable under this Act.
95. Payment into the Consolidated Fund
Any money received or recovered by the Regulator under this Act is to be paid into the Consolidated Fund.
PART 11 - Miscellaneous
(1) The Minister may, on the Regulator's recommendation, make an order –(a) exempting specified persons, or persons of a specified class, from the provisions of this Act, or specified provisions of this Act; or(b) exempting specified electrical articles, or electrical articles of a specified class, from the provisions of this Act or specified provisions of this Act; or(c) exempting specified electrical work, or electrical work of a specified class, from the provisions of this Act or specified provisions of this Act; or(d) varying or revoking an order previously made under this section.(2) An order under this section –(a) must be published in the Gazette; and(b) takes effect on publication in the Gazette or on a later date specified in the order.(3) An order under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 .(4) An exemption under this section –(a) may be unconditional or subject to conditions stated in the order; and(b) may be granted for a specified period or without limitation of its period of operation.(5) A person who has the benefit of an exemption under this section must comply with the conditions of the exemption.
No liability attaches to the Crown, the Regulator, an authorised officer or any other person acting under this Act for an act done, or omission made, in good faith in carrying out, or purportedly carrying out, functions or duties under this Act.
98. Assistance from members of the police force
(1) A member of the police force may, on request by an authorised officer, assist the authorised officer in the exercise of powers under this Act.(2) A member of the police force is, for the purposes of this Act, taken to be an authorised officer while acting under subsection (1) .
(1) An authorised officer may enter land and premises and carry out any inspection or do anything else reasonably necessary for the administration or enforcement of this Act.(2) A power of entry conferred by this Act, either under this section or another provision of this Act, may be exercised –(a) with the consent of the occupier of the land or premises to be entered; or(b) on the authority of a warrant; or(c) in an emergency, without a warrant and without consent.
100. Warrants to enter premises
(1) An authorised officer may apply to a justice for a warrant to enter a place specified in the application.(2) The justice may, if satisfied that a warrant is reasonably required for the administration or enforcement of this Act, issue the warrant.(3) A warrant authorises the authorised officer –(a) to enter the place specified in the warrant; and(b) to do anything reasonably required for the administration or enforcement of this Act.(4) A warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.(5) An application for a warrant may be made by telephone, facsimile or other prescribed means if the authorised officer considers the urgency of the situation requires it.(6) If the justice decides to issue a warrant on an application under subsection (5) , the justice is to –(a) complete and sign the warrant; and(b) inform the applicant of –(i) the terms of the warrant; and(ii) the date and time of the issue of the warrant; and(iii) the date and time the warrant is to cease to have effect; and(c) record on the warrant the reasons for issuing it.(7) The authorised officer is to –(a) complete a warrant form in the same terms as the warrant signed by the justice; and(b) write on the form –(i) the name of the justice; and(ii) the date and time of the issue of the warrant; and(c) send to the justice the completed form not later than the day after the warrant is executed or ceases to have effect.(8) On receipt of the warrant form, the justice is to attach it to the warrant signed by the justice.(9) A warrant form completed by an authorised officer has the same force as the original of the warrant signed by the justice.
A person must not, without reasonable excuse, hinder or obstruct a person acting under the powers conferred by this Act.Penalty: Fine not exceeding 50 penalty units.
102. Impersonation of authorised officer
A person must not impersonate an authorised officer.Penalty: Fine not exceeding 50 penalty units.
(1) The Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subsection (1) , regulations may be made about any or all of the following:(a) electrical contractors' licences and electrical technicians' licences;(b) the supervision of electrical work;(c) the standards and requirements for –(i) electrical infrastructure or electrical installations generally or electrical infrastructure or electrical installations of a particular class; or(ii) work that is related to, or may affect, electrical infrastructure or an electrical installation or electrical infrastructure or an electrical installation of a particular class;(d) the approval, implementation, audit and enforcement of plans to promote safety in the electricity industry which may include, for example –(i) plans for the safe operation of generating equipment, and transmission and distribution networks; and(ii) customer installation safety plans; and(iii) public safety electrical safety awareness plans;(e) cathodic protection systems;(f) standards for electrical articles;(g) the inspection and testing of electrical articles;(h) the marking of electrical articles;(i) the sale or disposal of electrical articles;(j) proceedings under this Act.(3) Regulations made under this Act may adopt or incorporate, with or without modification, the provisions as in force at the time of the adoption or incorporation or as in force from time to time of –(a) a law in force in another jurisdiction; or(b) a standard, code or protocol issued or published by a body or authority nominated in the regulations.(4) Regulations made under this Act may –(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and(b) in respect of any such offence, provide for the imposition of a fine not exceeding 200 penalty units for a body corporate and 100 penalty units for an individual.(5) A regulation may prescribe and provide for the payment of fees in relation to any matter under this Act.(6) Regulations made under this Act may –(a) be of limited or general application; and(b) be made so as to apply differently, according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and(c) authorise any matter to be from time to time determined or regulated by the Minister or Regulator.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Energy; and(b) the Department responsible to the Minister for Energy in relation to the administration of this Act is the Office of Energy Planning and Conservation.
SCHEDULE 1 - Constitution and membership of Electrical Licensing Board
1. Constitution of Electrical Licensing Board(1) The Electrical Licensing Board consists of not more than 8 members appointed by the Minister.(2) A person is not eligible for appointment as a member of the Electrical Licensing Board unless the person has qualifications and experience relevant to the Board's functions.
2. ChairpersonOne member of the Electrical Licensing Board is to be appointed by the Minister as the Chairperson of the Board.
3. Conditions of membership(1) Each member of the Electrical Licensing Board –(a) is to be appointed by the Minister for a term not exceeding 3 years stated in the instrument of appointment; and(b) is entitled to be paid remuneration and travelling allowances from time to time fixed by the Minister in respect of that member; and(c) is not, as a member of the Electrical Licensing Board, subject to the State Service Act 2000 .(2) A member of the Electrical Licensing Board is eligible for reappointment at the end of a term of appointment.(3) A member of the Electrical Licensing Board –(a) may resign by written notice to the Minister; and(b) may be removed by the Minister for incapacity or misbehaviour.
SCHEDULE 2