Electricity Industry Safety and Administration Act 1997
An Act 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In this Act, unless the contrary intention appears –[Section 4 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .[Section 3 Amended by No. 59 of 2009, s. 5, Applied:01 Jun 2010] authorised officer means a person authorised by the Secretary under section 9(1) to exercise powers of an authorised officer under this Act;[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]defective has the meaning given in section 4 ;electrical article means –(a) an electrical appliance; or(b) an article of electrical equipment;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;electricity entity means a person licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ;premises includes –[Section 3 Amended by No. 59 of 2009, s. 5, Applied:01 Jun 2010](a) a temporary or permanent building or structure; and(b) a caravan, vehicle or vessel;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;[Section 3 Amended by No. 59 of 2009, s. 5, Applied:01 Jun 2010] Secretary means the Secretary of the Department;[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009][Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] serious electrical accident means an accident involving –(a) electrocution; or(b) electric shock serious enough to cause temporary or permanent disability or to require medical attention; or(c) electricity that produces a burn 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.
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 Secretary's functions
[Section 7 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(1) [Section 6 Subsection (1) amended by No. 59 of 2009, s. 6, Applied:01 Jun 2010] The Secretary may delegate any of his or her functions under this Act.(2) A delegation may be made to –(a) [Section 6 Subsection (2) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(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) [Section 8 Subsection (1) amended by No. 59 of 2009, s. 7, Applied:01 Jun 2010] [Section 8 Subsection (1) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] The Secretary may establish committees to assist the Secretary in carrying out functions under this Act.(2) [Section 8 Subsection (2) amended by No. 59 of 2009, s. 7, Applied:01 Jun 2010] The composition of a committee is to be as the Secretary determines.(3) [Section 8 Subsection (3) amended by No. 59 of 2009, s. 7, Applied:01 Jun 2010] The Secretary 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) [Section 9 Subsection (1) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] The Secretary may authorise –to exercise powers of authorised officers under this Act.(a) [Section 9 Subsection (1) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] persons subject to the Secretary's administrative direction or control; or(b) [Section 9 Subsection (1) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] other persons who are in the Secretary's opinion appropriate persons to exercise the powers of authorised officers under this Act –(2) [Section 9 Subsection (2) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] The Secretary 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) [Section 10 Subsection (1) amended by No. 59 of 2009, s. 9, Applied:01 Jun 2010] The Secretary may, by written notice given to a person who may, in the Secretary'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 –[Section 12 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(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.
PART 3 - . . . . . . . .[Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 1 - . . . . . . . .[Division 1 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 13 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 14 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 15 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 16 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 2 - . . . . . . . .[Division 2 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 17 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 18 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 19 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 20 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 21 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 3 - . . . . . . . .[Division 3 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 22 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 23 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 24 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 4 - . . . . . . . .[Division 4 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 25 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 26 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 27 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 5 - . . . . . . . .[Division 5 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 28 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 29 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 30 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 31 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 32 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 33 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 34 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 35 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 36 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 37 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 38 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 6 - . . . . . . . .[Division 6 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 39 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 40 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 7 - . . . . . . . .[Division 7 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 41 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 42 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 43 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 44 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
Division 8 - . . . . . . . .[Division 8 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] [Section 45 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . . [Section 46 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
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) [Section 47 Subsection (1) amended by No. 59 of 2009, s. 10, Applied:01 Jun 2010] electrical articles of a kind declared by the Secretary, by notice in the Gazette, to be electrical articles to which this Part applies.(2) [Section 47 Subsection (2) amended by No. 59 of 2009, s. 10, Applied:01 Jun 2010] The Secretary 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) [Section 48 Subsection (1) amended by No. 59 of 2009, s. 11, Applied:01 Jun 2010] 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 Secretary instead of such a standard; or(b) [Section 48 Subsection (1) amended by No. 59 of 2009, s. 11, Applied:01 Jun 2010] if there is no standard applicable under paragraph (a) , a standard determined by the Secretary to be a relevant standard for articles of the relevant type.(2) [Section 48 Subsection (2) amended by No. 59 of 2009, s. 11, Applied:01 Jun 2010] The Secretary 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) [Section 49 Subsection (1) amended by No. 59 of 2009, s. 12, Applied:01 Jun 2010] it is approved by the Secretary 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) [Section 49 Subsection (2) amended by No. 59 of 2009, s. 12, Applied:01 Jun 2010] an authority or entity approved by the Secretary as an external authority for the purposes of this section.(3) [Section 49 Subsection (3) amended by No. 59 of 2009, s. 12, Applied:01 Jun 2010] The Secretary 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) [Section 50 Subsection (1) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] in the case of an article approved by the Secretary 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) [Section 50 Subsection (2) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] mark an electrical article in a way that suggests it is approved by the Secretary or an external authority if it is not in fact so approved; or(b) [Section 50 Subsection (2) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] make any form of representation to the effect that an electrical article is approved by the Secretary or an external authority, or from which it might reasonably be inferred that an article is approved by the Secretary 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) [Section 50 Subsection (3) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] A person must not sell an article marked in a way suggesting that it is approved by the Secretary 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) [Section 51 Amended by No. 59 of 2009, s. 14, Applied:01 Jun 2010] must be made to the Secretary in a form approved by the Secretary; and(b) must be accompanied by –(i) [Section 51 Amended by No. 59 of 2009, s. 14, Applied:01 Jun 2010] 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 Secretary; 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) [Section 51 Amended by No. 59 of 2009, s. 14, Applied:01 Jun 2010] if the Secretary so requires, a sample of the article; and(iv) [Section 51 Amended by No. 59 of 2009, s. 14, Applied:01 Jun 2010] any other relevant information the Secretary requires about the construction, operation or safety of the article.
(1) [Section 52 Subsection (1) amended by No. 59 of 2009, s. 15, Applied:01 Jun 2010] The Secretary may approve electrical articles of a particular type if satisfied that the articles comply with the requirements of the relevant standard.(2) [Section 52 Subsection (2) amended by No. 59 of 2009, s. 15, Applied:01 Jun 2010] When the Secretary approves electrical articles of a particular type, the Secretary 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) [Section 52 Subsection (3) amended by No. 59 of 2009, s. 15, Applied:01 Jun 2010] If the Secretary decides not to approve electrical articles of a particular type, the Secretary 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) [Section 53 Subsection (2) amended by No. 59 of 2009, s. 16, Applied:01 Jun 2010] An approval may be renewed by the Secretary 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) [Section 56 Subsection (2) amended by No. 59 of 2009, s. 17, Applied:01 Jun 2010] If the Secretary has reason to believe that electrical articles of a particular description are unsafe, or do not comply with the requirements of this Act, the Secretary 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) [Section 56 Subsection (5) amended by No. 59 of 2009, s. 17, Applied:01 Jun 2010] Electrical articles seized and confiscated under this section become the property of the Crown and may be disposed of as directed by the Secretary.
Division 4 - Recall of defective electrical articles
57. Power to require recall of defective electrical articles
(1) [Section 57 Subsection (1) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] If the Secretary has reason to believe that defective electrical articles have been sold, the Secretary 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) [Section 57 Subsection (1) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] 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 Secretary.(2) [Section 57 Subsection (2) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] The Secretary may impose a requirement under this section –(a) by giving written notice of the requirement to the vendor; or(b) [Section 57 Subsection (2) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] by publishing notice of the requirement in the Gazette and taking any other action the Secretary 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
[Section 60 Amended by No. 59 of 2009, s. 19, Applied:01 Jun 2010] 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 Secretary written notice of the transfer.Penalty: Fine not exceeding 50 penalty units.
61. Certificates of approval and suitability
[Section 61 Amended by No. 59 of 2009, s. 20, Applied:01 Jun 2010] The Secretary 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) [Section 62 Subsection (1) amended by No. 59 of 2009, s. 21, Applied:01 Jun 2010] The Secretary may fix fees –(a) on any application under this Part; or(b) for any approval or certificate issued under this Part; or(c) [Section 62 Subsection (1) amended by No. 59 of 2009, s. 21, Applied:01 Jun 2010] for any test conducted by the Secretary for the purposes of this Part; or(d) [Section 62 Subsection (1) amended by No. 59 of 2009, s. 21, Applied:01 Jun 2010] for anything else done by the Secretary under, or for the purposes of, this Part.(2) [Section 62 Subsection (2) amended by No. 59 of 2009, s. 21, Applied:01 Jun 2010] The Secretary 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) [Section 64 Subsection (1) amended by No. 59 of 2009, s. 22, Applied:01 Jun 2010] If, in the Secretary's opinion, any electrical infrastructure is deficient in any respect, the Secretary 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) [Section 65 Subsection (1) amended by No. 59 of 2009, s. 23, Applied:01 Jun 2010] If, in the Secretary'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 Secretary 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) [Section 66 Subsection (1) amended by No. 59 of 2009, s. 24, Applied:01 Jun 2010] If the Secretary considers it necessary to do so for reasons of safety, the Secretary 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) [Section 67 Subsection (1) amended by No. 59 of 2009, s. 25, Applied:01 Jun 2010] If the Secretary considers it necessary to do so for reasons of safety, the Secretary 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) [Section 68 Subsection (1) amended by No. 59 of 2009, s. 26, Applied:01 Jun 2010] If the Secretary considers that a particular practice creates a significant risk of a serious electrical accident, the Secretary 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) [Section 72 Subsection (1) amended by No. 59 of 2009, s. 27, Applied:01 Jun 2010] must, as soon as practicable, inform the Secretary of the time and place of the accident and the general nature of the accident; and(b) [Section 72 Subsection (1) amended by No. 59 of 2009, s. 27, Applied:01 Jun 2010] must, within 21 days after the accident or a longer period approved by the Secretary, give the Secretary 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) [Section 72 Subsection (2) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] if the accident occurs in the course of work being carried out by the holder of a licence within the meaning of the Occupational Licensing Act 2005 , 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) [Section 74 Subsection (1) amended by No. 59 of 2009, s. 28, Applied:01 Jun 2010] The Secretary 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) [Section 75 Subsection (1) amended by No. 59 of 2009, s. 29, Applied:01 Jun 2010] The Secretary may publish details of serious electrical accidents that the Secretary 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[Section 77 Repealed by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
[Section 79 Repealed by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . . [Section 80 Repealed by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .(1) [Section 78 Subsection (1) amended by No. 59 of 2009, s. 30, Applied:01 Jun 2010] [Section 78 Subsection (1) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] A person who is directly affected by a decision of the Secretary may apply to the Magistrates Court (Administrative Appeals Division) for a review of that decision.(2) [Section 78 Subsection (2) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .(3) [Section 78 Subsection (3) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .(4) [Section 78 Subsection (4) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .(5) [Section 78 Subsection (5) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
81. Enforcement of determination
[Section 82 Repealed by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .(1) [Section 81 Subsection (1) amended by No. 59 of 2009, s. 31, Applied:01 Jun 2010] [Section 81 Subsection (1) amended by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] The Secretary must give effect to a determination or order of the Magistrates Court (Administrative Appeals Division).(2) [Section 81 Subsection (2) omitted by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002] . . . . . . . .
PART 8 - Electrical safety management schemes
83. Electrical safety management schemes
(1) An electrical safety management scheme is a scheme under which –(a) [Section 83 Subsection (1) amended by No. 59 of 2009, s. 32, Applied:01 Jun 2010] the manager of the scheme undertakes responsibility for ensuring compliance with standards applying under this Act, or standards the Secretary 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) [Section 84 Subsection (1) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] A person who has, in the Secretary's opinion, a proper interest in a proposed electrical management scheme, may submit the scheme to the Secretary for approval.(2) [Section 84 Subsection (2) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] Before deciding an application for approval of the scheme, the Secretary 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) [Section 84 Subsection (3) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] The Secretary may approve a scheme on conditions the Secretary considers appropriate.(4) [Section 84 Subsection (4) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] [Section 84 Subsection (4) amended by No. 17 of 1996, Applied:05 Jun 2008] Without limiting the generality of subsection (3) , the Secretary may do any one or more of the following under that subsection:(a) [Section 84 Subsection (4) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] require the manager of the scheme to pay to the Secretary 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) [Section 84 Subsection (5) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] The manager of an approved electrical management scheme must, if so required by written notice given to the manager by the Secretary, submit a revised scheme for approval by the Secretary 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) [Section 84 Subsection (7) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] The Secretary 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) [Section 85 Subsection (1) amended by No. 59 of 2009, s. 34, Applied:01 Jun 2010] The manager of an approved electrical safety management scheme must be a person approved by the Secretary as manager of the scheme.(2) [Section 85 Subsection (2) amended by No. 59 of 2009, s. 34, Applied:01 Jun 2010] Before the Secretary approves a person as manager of an approved electrical safety management scheme, the Secretary 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) [Section 86 Subsection (1) amended by No. 59 of 2009, s. 35, Applied:01 Jun 2010] by agreement between the manager of the scheme and the Secretary; or(c) [Section 86 Subsection (1) amended by No. 59 of 2009, s. 35, Applied:01 Jun 2010] if the Secretary 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 Secretary.(2) [Section 86 Subsection (2) amended by No. 59 of 2009, s. 35, Applied:01 Jun 2010] The Secretary 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) [Section 90 Subsection (1) omitted by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(2) [Section 90 Subsection (2) omitted by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(3) [Section 90 Subsection (3) amended by No. 59 of 2009, s. 36, Applied:01 Jun 2010] A certificate apparently issued under the authority of the Secretary 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) [Section 93 Subsection (3) amended by No. 59 of 2009, s. 37, Applied:01 Jun 2010] An amount payable under a notice given under this section may be recovered by the Crown 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) [Section 94 Subsection (2) amended by No. 59 of 2009, s. 38, Applied:01 Jun 2010] The Secretary may remit or refund a fee payable under this Act.
95. Payment into the Public Account
[Section 95 Amended by No. 59 of 2009, s. 39, Applied:01 Jun 2010] [Section 95 Amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] Any money received or recovered by the Secretary under this Act is to be paid into the Public Account.
PART 11 - Miscellaneous
(1) [Section 96 Subsection (1) amended by No. 59 of 2009, s. 40, Applied:01 Jun 2010] The Minister may, on the Secretary'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) [Section 96 Subsection (1) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(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.
[Section 97 Amended by No. 59 of 2009, s. 41, Applied:01 Jun 2010] No liability attaches to the Crown, the Secretary, 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) [Section 98 Subsection (1) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A police officer may, on request by an authorised officer, assist the authorised officer in the exercise of powers under this Act.(2) [Section 98 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A police officer 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) [Section 103 Subsection (2) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(b) [Section 103 Subsection (2) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .(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) [Section 103 Subsection (6) amended by No. 59 of 2009, s. 42, Applied:01 Jun 2010] authorise any matter to be from time to time determined or regulated by the Minister or Secretary.
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.
105. Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009
[Section 105 Inserted by No. 59 of 2009, s. 43, Applied:01 Jun 2010](1) In this section –former Act means this Act as in force immediately before the transition day;Regulator means the Regulator within the meaning of the former Act;transition day means the day on which the Economic Regulator Act 2009 commences.(2) If a person was authorised by the Regulator or its delegate under section 9 of the former Act to exercise the powers of an authorised officer and is an authorised officer within the meaning of the former Act immediately before the transition day –(a) that person is taken to have been authorised under section 9 of this Act by the Secretary to exercise the powers of an authorised officer; and(b) the certificate of authority issued to the person by the Regulator or its delegate under section 9 of the former Act is taken to have been issued by the Secretary under section 9 of this Act.(3) Except as otherwise provided by this section or regulations made under section 103 –(a) a delegation, declaration, requirement, order, direction, acceptance, determination, decision, approval, agreement, recommendation, recall, other decision, notice, certificate or other act made, given, done or omitted to be done by the Regulator before the transition day is taken, if appropriate, to have been made, given, done or omitted to be done by the Secretary; and(b) an application or scheme made or submitted to the Regulator under the former Act that has not been determined before the transition day is taken to have been made to the Secretary under this Act; and(c) a fee fixed by the Regulator under section 62 of the former Act is taken to have been fixed by the Secretary under section 62 of this Act; and(d) a notice, report, other document or information provided to the Regulator is taken, if appropriate, to have been provided to the Secretary; and(e) a reference to the Regulator in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken, if appropriate, to be or include a reference to the Secretary or the Crown, as appropriate; and(f) a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) made by the Regulator and in force immediately before the transition day is taken, if appropriate, to have been made by the Secretary.(4) A certificate apparently issued under the authority of the Regulator under section 90(3) of the former Act continues to be admissible in legal proceedings as evidence of the facts certified in it.(5) On and after the transition day, the following provisions apply except as otherwise provided by this section or the regulations made under section 103 :(a) a legal proceeding or other proceeding, including (without limitation) an investigation or review, that could have been instituted by or against the Regulator immediately before the transition day may be instituted by or against the Crown or the Secretary, as appropriate;(b) a legal or other proceeding, including (without limitation) an investigation or review, instituted by or against the Regulator that is pending immediately before the transition day may be continued by or against the Crown or the Secretary, as appropriate;(c) a document relating to a legal or other proceeding referred to in paragraph (b) served on or by the Regulator before the transition day is taken to have been served on or by the Crown or Secretary, as appropriate;(d) a judgment or order of a court obtained by or against the Regulator before the transition day may be enforced by or against the Crown or the Secretary;(e) a reference to the Regulator in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken to be or to include a reference to the Crown or the Secretary, as appropriate.
SCHEDULE 1[Schedule 1 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 1 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
SCHEDULE 2[Schedule 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Schedule 2 Repealed by No. 73 of 2001, Sched. 1, Applied:01 Jul 2002]