ELECTRICITY SAFETY ACT 1971 - SECT 27 Offences—energy efficiency requirements for non-prescribed articles of electrical

ELECTRICITY SAFETY ACT 1971 - SECT 27

    (1)     A trader commits an offence if—

        (a)     the trader sells an article of electrical equipment; and

        (b)     the article does not comply with the energy efficiency standard prescribed by regulation that applies to the article.

Maximum penalty: 50 penalty units.

    (2)     A trader commits an offence if—

        (a)     the trader sells an article of electrical equipment; and

        (b)     the article is not labelled in accordance with a regulation with an energy efficiency label.

Maximum penalty: 10 penalty units.

    (3)     A person commits an offence if—

        (a)     the person attaches an energy efficiency label to an article of electrical equipment; and

        (b)     the article does not have the energy efficiency rating indicated by the label.

Maximum penalty: 30 penalty units.

    (4)     A person commits an offence if the person attaches to an article of electrical equipment anything that falsely appears to be an energy efficiency label.

Maximum penalty: 30 penalty units.

    (5)     This section does not apply to a second-hand article of electrical equipment.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code

, s 58).

    (6)     An offence against this section is a strict liability offence.

    (7)     In this section:

"energy efficiency label" means an energy efficiency label prescribed by regulation.

Examples if regulation made for s 27 —applicable law

1     The ACT makes a regulation under s 27 about 2 articles of electrical equipment that are not the subject of Ministerial determinations ( GEMS determinations ). The ACT law is the applicable law about those articles.

2     The ACT makes a regulation under s 27 about an article of electrical equipment that is the subject of a GEMS determination. The ACT requires ‘5 star' efficiency for that article, while the GEMS determination provides for ‘4 star' efficiency. Even though the ACT law appears to be inconsistent with the GEMS determination, the 5 star standard must be met, as the 5 star article would comply simultaneously with both the ACT law and the Commonwealth law.

Note     The Greenhouse and Energy Minimum Standards Act 2012

(Cwlth) (the Commonwealth Act ) applies greenhouse and energy minimum standards ( GEMS ) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.

Section 27 only operates if a regulation is made for it, and s 27 and the regulation are consistent with the Commonwealth Act and able to operate concurrently with it (see Self-Government Act

, s 28 and Commonwealth Act

, s 9).