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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Electricity (Consumer Safety) Bill 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Act to bind Crown 6
Part 2 Electrical articles
Division 1 Declared electrical articles
5 Declared electrical articles 7
6 Declared electrical articles displayed for advertising
to be treated as being displayed for sale 7
Division 2 Specifications for electrical articles
7 Class specifications for electrical articles 7
8 Model specifications for electrical articles 8
Electricity (Consumer Safety) Bill 2004
Contents
Page
9 Compliance with class and model specifications 8
Division 3 Information concerning electrical articles
10 Publication of information concerning declared
electrical articles and specifications 8
Division 4 Model approvals for electrical articles
11 Approval of model of electrical article 9
12 Duration of model approvals 10
13 Suspensions and cancellations of model approvals 10
14 Review of certain model approval decisions
by Administrative Decisions Tribunal 11
Division 5 Recognised external approval schemes
15 Recognised external approval schemes 12
Division 6 Sale of electrical articles
16 Electrical articles must meet certain standards before
they can be sold 12
Division 7 Acquisition guarantees
17 Acquisition guarantor and guarantees 13
18 Acquisition guarantee may be defence to certain offences 14
19 Acquisition guarantor may be convicted of offence
if proceedings against defendant dismissed 15
20 Person must not give false acquisition guarantee 16
Division 8 Unsafe electrical articles
21 Prohibition of the sale of unsafe electrical articles 16
22 Requiring action to be taken by seller of unsafe
electrical articles 17
23 Requiring evidence of safety of electrical articles 18
24 Persons must comply with notices issued under
this Division 18
25 Effect of Division on Fair Trading Act 1987 19
Division 9 Investigation powers
26 Powers of authorised officers 19
27 Prohibition of the sale of certain electrical articles
and the labelling of such articles 21
Division 10 Seizure and forfeiture of electrical articles
28 Return of seized electrical articles 22
29 Forfeiture of certain electrical articles 23
Contents page 2
Electricity (Consumer Safety) Bill 2004
Contents
Page
Part 3 Electrical installations
30 Inspection of electrical installations 24
31 Electrical installation work to comply with regulations 24
32 Responsibilities of persons concerning the safety
of electrical installations 25
Part 4 Accident reporting and investigations
33 Notification of serious electrical accidents 26
34 Investigation of serious electrical accidents 26
35 Powers of authorised officers 26
36 Interference with site of serious electrical accident 27
37 Publication of details of serious electrical accidents 27
38 Arrangements with other public authorities regarding
investigable electrical incidents 28
Part 5 Enforcement
Division 1 Authorised officers
39 Authorised officers 30
40 Obstruction etc of authorised officers 30
41 Powers of authorised officers who are investigators
under Fair Trading Act 1987 not limited 31
Division 2 Search warrants
42 Search warrants 31
Division 3 Undertakings
43 Application of section 73A of Fair Trading Act 1987 to
undertakings given for purposes of this Act 32
Division 4 Proceedings for offences
44 Limitation on self-incrimination 32
45 Corporations 33
46 Evidentiary provisions relating to electrical articles 33
47 Penalty notices 34
48 Nature of proceedings for offences 35
49 Commencement of proceedings 35
Part 6 Miscellaneous
50 Disclosure of information 37
51 Exclusion of personal liability 37
52 Service or giving of documents 38
53 Provision of documents to Director-General 38
54 Delegation of functions 38
Contents page 3
Electricity (Consumer Safety) Bill 2004
Contents
Page
55 Regulations 39
56 Savings, transitional and other provisions 40
57 Repeal of Electricity Safety Act 1945 (1946 No 13) 40
58 Amendment of Acts and Regulations 40
59 Review of Act 40
Schedule 1 Savings, transitional and other provisions 42
Schedule 2 Amendment of Electricity Supply Act
1995 No 94 50
Schedule 3 Amendment of Energy Administration
Act 1987 No 103 62
Schedule 4 Consequential amendment of other Acts
and Regulations 68
Contents page 4
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2004
New South Wales
Electricity (Consumer Safety) Bill 2004
Act No , 2004
An Act to make provision with respect to electricity safety; to repeal the
Electricity Safety Act 1945; to make consequential amendments to various other
Acts and Regulations; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Electricity (Consumer Safety) Bill 2004
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Electricity (Consumer Safety) Act 2004.
2 Commencement
(1) This Act commences on a day or days to be appointed by
proclamation, except as provided by this section.
(2) Schedule 4.1 and 4.11 [1] commence on the commencement of
section 42 or the commencement of Division 4 of Part 5 of the Law
Enforcement (Powers and Responsibilities) Act 2002, whichever is
the later.
(3) Schedule 4.4 and 4.11 [2] commence on the commencement of
Schedule 2 [4] or the commencement of Division 4 of Part 5 of the
Law Enforcement (Powers and Responsibilities) Act 2002,
whichever is the later.
3 Definitions (cf 1946 No 13, ss 4, 4A, 20 and 27D)
(1) In this Act:
acquisition guarantee--see section 17 (2).
acquisition guarantor--see section 17 (1).
authorised electrician means a person who is authorised under the
Home Building Act 1989 to do electrical wiring work.
authorised officer means:
(a) any investigator, or
(b) any other person appointed under section 39 by the Director-
General as an authorised officer for the purposes of the
provision in which the expression is used.
class specification for an electrical article--see section 7.
declared electrical article--see section 5 (1).
Departmental staff member means a member of staff of the
Department of Commerce.
Director-General has the same meaning as it has in the Fair
Trading Act 1987.
Page 2
Electricity (Consumer Safety) Bill 2004 Clause 3
Preliminary Part 1
electrical article means any appliance, wire, fitting, cable, conduit,
meter, insulator, apparatus, material or other electrical equipment
intended or designed for use in, or for the purposes of, or for
connection to, any electrical installation.
electrical installation means any fixed appliances, wires, fittings,
apparatus or other electrical equipment used for (or for purposes
incidental to) the conveyance, control and use of electricity in a
particular place, but does not include any of the following:
(a) subject to any regulation made under subsection (4)--any
electrical equipment used, or intended for use, in the
generation, transmission or distribution of electricity that is:
(i) owned or used by an electricity supply authority, or
(ii) located in a place that is owned or occupied by such an
authority,
(b) any electrical article connected to, and extending or situated
beyond, any electrical outlet socket,
(c) any electrical equipment in or about a mine,
(d) any electrical equipment operating at not more than 50 volts
alternating current or 120 volts ripple-free direct current,
(e) any other electrical equipment, or class of electrical
equipment, prescribed by the regulations.
electrical wiring work means the actual physical work of installing,
repairing, altering, removing or adding to an electrical installation
or the supervising of that work.
electricity supply authority means a person or body engaged in the
distribution of electricity to the public or in the generation of
electricity for supply, directly or indirectly, to the public whether by
statute, franchise agreement or otherwise and includes:
(a) an energy services corporation within the meaning of the
Energy Services Corporations Act 1995, and
(b) the Rail Infrastructure Corporation constituted by the
Transport Administration Act 1988, and
(c) the Water Administration Ministerial Corporation constituted
by the Water Management Act 2000.
exercise a function includes perform a duty.
function includes power, authority or duty.
Page 3
Clause 3 Electricity (Consumer Safety) Bill 2004
Part 1 Preliminary
health care professional means a person registered under a health
registration Act within the meaning of the Health Care Complaints
Act 1993.
investigator means a person appointed as an investigator under
section 18 of the Fair Trading Act 1987.
mark includes label.
model of electrical article--see section 8 (2).
model approval means an approval for a model of electrical article
given by the Director-General under section 11.
model approval holder, in relation to a model approval, means the
person to whom the model approval has been given.
model specification for an electrical article--see section 8 (1).
process commencing proceedings for an offence includes:
(a) in the case of proceedings for an offence commenced in a
Local Court--a court attendance notice issued under the
Criminal Procedure Act 1986 in respect of the person alleged
to have committed the offence, and
(b) in the case of proceedings for an offence commenced in the
Supreme Court in its summary jurisdiction--an application
for an order under section 246 of the Criminal Procedure Act
1986 in respect of the person alleged to have committed the
offence.
recognised external approval scheme means any scheme for the
approval or certification of models of electrical articles that is
declared under section 15 to be a recognised external approval
scheme for the purposes of Part 2.
relevant authority, in relation to a State (other than New South
Wales) or a Territory, means the authority prescribed by the
regulations as the relevant authority for the other State or the
Territory.
sell includes:
(a) auction or exchange, and
(b) offer, agree or attempt to sell, and
(c) advertise, expose, send, forward or deliver for sale, and
(d) cause or permit to be sold or offered for sale, and
(e) hire or cause to be hired, and
Page 4
Electricity (Consumer Safety) Bill 2004 Clause 3
Preliminary Part 1
(f) display for sale or hire.
serious electrical accident means an accident:
(a) in which an electrical article or electrical installation is
involved, and
(b) as a consequence of which a person dies or suffers permanent
disability, is hospitalised, receives treatment from a health
care professional or is unable to attend work for any period of
time,
but does not include an accident in which only electricity works
(within the meaning of the Electricity Supply Act 1995) are
involved.
specification includes (but is not limited to):
(a) a standard, code, rule, testing requirement or other
specification approved, recommended, adopted or published
by Standards Australia, and
(b) a standard, code, rule, testing requirement or other
specification described in, or prescribed by, the regulations.
(2) For the purposes of this Act, place includes land (whether or not
covered with water), premises, buildings and other structures.
(3) For the purposes of this Act, a person or thing is in a place if the
person or thing is located in, on, over or under the place.
(4) The regulations may make provision for when electrical equipment
(or any part of electrical equipment) of the kind referred to in
paragraph (a) of the definition of electrical installation in
subsection (1) is taken to form part of an electrical installation in a
place for the purposes of that definition.
(5) Notes included in the text of this Act do not form part of this Act.
Note. For the purposes of comparison, a number of provisions of this Act
contain bracketed notes in headings drawing attention ("cf") to equivalent or
comparable (though not necessarily identical) provisions of other Acts.
Abbreviations in the notes include:
1946 No 13: Electricity Safety Act 1945 (1946 No 13) as in force immediately
before the enactment of this Act.
1987 No 68: Fair Trading Act 1987 No 68 as in force immediately before the
enactment of this Act.
Page 5
Clause 4 Electricity (Consumer Safety) Bill 2004
Part 1 Preliminary
4 Act to bind Crown (cf 1946 No 13, s 20 (4))
This Act binds the Crown in right of New South Wales and, in so far
as the legislative power of the Parliament of New South Wales
permits, the Crown in all its other capacities.
Page 6
Electricity (Consumer Safety) Bill 2004 Clause 5
Electrical articles Part 2
Part 2 Electrical articles
Division 1 Declared electrical articles
5 Declared electrical articles (cf 1946 No 13, s 21)
(1) A declared electrical article is an electrical article that belongs to a
class of electrical articles that is the subject of an order under this
section.
(2) The Director-General may, by order published in the Gazette,
declare:
(a) electrical articles of a class described in the order to be, on and
from a date specified in the order, declared electrical articles
for the purposes of this Part, and
(b) the specifications that are applicable to electrical articles of
that class.
(3) An order under this section may declare a specification modified as
stated in the order to be applicable to electrical articles of the class
to which the order relates.
6 Declared electrical articles displayed for advertising to be treated as
being displayed for sale (cf 1946 No 13, s 20 (2) (b))
For the purposes of this Part, a declared electrical article that is
displayed for the purpose of advertising, or otherwise in connection
with, the sale of other declared electrical articles of the same class,
is to be treated as being displayed for sale.
Division 2 Specifications for electrical articles
7 Class specifications for electrical articles (cf 1946 No 13, s 20 (1))
A class specification for an electrical article is:
(a) a specification for the time being declared by an order under
section 5 to be applicable to articles of the class to which the
article belongs, or
(b) where any such specification is declared by the order to be
modified in its application to those articles, the specification
as so modified,
except so much, if any, of the specification, or of the specification
as so modified, as is inconsistent with a model specification for the
article.
Page 7
Clause 8 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
8 Model specifications for electrical articles (cf 1946 No 13, s 20 (1) and
(2) (a))
(1) A model specification for an electrical article is a specification, or
modified specification, that the Director-General has determined
under section 11 (1) (c) to be applicable to electrical articles of the
model to which the article belongs.
(2) A reference in this Part to a model of electrical article is a reference
to each electrical article of the same design, material and
construction.
9 Compliance with class and model specifications (cf 1946 No 13, s 20 (3))
If a class specification or a model specification for an electrical
article requires the article or any part of the article:
(a) to have been submitted to a specified test, and
(b) to have complied with a standard relating to the test,
the article is, for the purposes of this Part (other than section 11 (1)
(b) or (c)), to be treated as complying with the requirement if the
article or part would comply with the standard if it were to be
submitted to the test.
Division 3 Information concerning electrical articles
10 Publication of information concerning declared electrical articles
and specifications
(1) The Director-General is to publish details of the following matters
on an Internet website or by such other printed or electronic means
as the Director-General considers appropriate:
(a) the classes of electrical articles that are currently declared
under section 5 (2),
(b) any class specifications for electrical articles that are currently
in force.
(2) A failure to comply with subsection (1) does not invalidate any
order made under this Part.
Page 8
Electricity (Consumer Safety) Bill 2004 Clause 11
Electrical articles Part 2
Division 4 Model approvals for electrical articles
11 Approval of model of electrical article (cf 1946 No 13, s 21C (1)(5))
(1) The Director-General may, by order in writing, approve any model
of electrical article (whether or not a declared electrical article) if:
(a) an application for the approval is made in accordance with the
regulations, and
(b) in the case of a model of electrical article that is a declared
electrical article--the Director-General is satisfied that an
article of that model complies with any class specification for
that article, and
(c) the Director-General is satisfied that the model of electrical
article complies with any other specification (other than a
class specification) that the Director-General has determined
should be applicable, or applicable in a modified form, to that
model of electrical article.
Note. If the Director-General determines a model specification under
paragraph (c), section 7 provides that a class specification for an
electrical article of that particular model will be taken not to include
anything that is inconsistent with that model specification.
(2) The Director-General may refuse to approve a model of electrical
article unless an electrical article of that model has been lodged with
the Director-General for testing or inspection.
(3) The Director-General may approve a model of electrical article
subject to it complying with a model specification.
(4) If the Director-General approves a model of electrical article under
this section, the Director-General must, by written notice given to
the applicant for the approval, immediately provide the applicant
with the following particulars:
(a) the name of the model approval holder,
(b) a description of the model,
(c) the fact that the Director-General has approved the model,
(d) the date of the approval,
(e) the duration of the approval,
(f) the mark (if any) approved by the Director-General for
articles of the model,
(g) such other particulars as the Director-General considers
appropriate or that are prescribed by the regulations.
Page 9
Clause 12 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
(5) If the Director-General is not satisfied that a model of electrical
article should be approved, the Director-General must, by written
notice given to the applicant for the approval, inform the applicant
within 21 days of the refusal:
(a) that the Director-General has refused the application for
approval, and
(b) of the reasons for refusing the application.
12 Duration of model approvals
(1) A model approval remains in force for the period specified by the
Director-General in the approval (not exceeding 5 years), subject to
any cancellation or suspension of the approval or any extension or
renewal of the approval in accordance with the regulations.
(2) A model approval is not invalidated only because any specification
applicable to electrical articles of that model has changed since the
approval was given.
(3) Nothing in subsection (2) requires the Director-General to approve,
or renew or extend a model approval for, a model of electrical article
that does not comply with a relevant class or model specification as
in force at the time the approval is sought.
13 Suspensions and cancellations of model approvals (cf 1946 No 13,
s 21C (7) and (8))
(1) The Director-General may, by written notice given to the model
approval holder:
(a) suspend the model approval for a period not exceeding 90
days, or
(b) cancel the model approval.
(2) The Director-General may suspend or cancel a model approval only
on one or more of the following grounds:
(a) an electrical article of the model is found by the Director-
General not to comply with any one or more of the following:
(i) the class specifications for an electrical article of that
model,
(ii) the model specifications for electrical articles of that
model,
(iii) any specifications or requirements prescribed by the
regulations for the purposes of section 16 (1) (c) (iii) or
(iv) for an electrical article of that model,
Page 10
Electricity (Consumer Safety) Bill 2004 Clause 14
Electrical articles Part 2
(b) electrical articles of the model are unsafe by reason of their
design or construction,
(c) the model approval holder gives the Director-General a
written request for the suspension or cancellation,
(d) any other ground that may be prescribed by the regulations.
(3) A written notice suspending or cancelling a model approval must set
out the following matters:
(a) the name of the model approval holder,
(b) the reasons for the suspension or cancellation,
(c) a description of the model,
(d) the mark (if any) approved by the Director-General for the
model of electrical article,
(e) the date of the suspension or cancellation of the approval,
(f) in the case of a suspension, the period of suspension,
(g) in the case of a suspension, the remedial action (if any)
necessary before the suspension is lifted,
(h) such other matters as the Director-General considers
appropriate or that are prescribed by the regulations.
14 Review of certain model approval decisions by Administrative
Decisions Tribunal (cf 1946 No 13, s 21C (6) and (9))
(1) A person whose application for a model approval has been refused
by the Director-General may apply to the Administrative Decisions
Tribunal for a review of that refusal.
(2) A model approval holder may apply to the Administrative Decisions
Tribunal for a review of a decision of the Director-General
suspending or cancelling the model approval given to the holder.
(3) For the purposes of an application under subsection (1), an
application for a model approval is taken to have been refused if it
is not determined by the Director-General:
(a) except as provided by paragraph (b)--within 60 days after the
date on which the application was lodged with the Director-
General, or
(b) if the applicant and the Director-General agree on a longer
period--within the longer agreed period after the date on
which the application was lodged with the Director-General.
Page 11
Clause 15 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
Division 5 Recognised external approval schemes
15 Recognised external approval schemes (cf 1946 No 13, ss 21A (1) (a) (iii)
and 21D (1) (a) and (2) (b) (i))
(1) The Minister may, by order published in the Gazette, declare any
scheme for the approval or certification of models of electrical
articles to be a recognised external approval scheme for the
purposes of this Part.
(2) The regulations may make provision with respect to the declaration
of schemes for the purposes of subsection (1).
Division 6 Sale of electrical articles
16 Electrical articles must meet certain standards before they can be
sold (cf 1946 No 13, ss 21A and 21DA)
(1) A person must not sell an electrical article if:
(a) in the case of a declared electrical article--the article is not of:
(i) a model of electrical article that has a model approval,
or
(ii) a class, description or model that has been approved or
registered by the relevant authority for another State or
a Territory, or
(iii) a model of electrical article that has been approved or
certified under a recognised external approval scheme
(being an approval or certification that is evidenced by
marking on the article), or
(b) the article is not marked in accordance with the regulations, or
(c) the article does not comply with any one or more of the
following:
(i) the class specifications (if any) for the article,
(ii) the model specifications (if any) for the article,
(iii) any other specifications prescribed by the regulations
(if any) for the article,
(iv) any other requirements prescribed by the regulations (if
any) for the article.
Maximum penalty:
(a) in the case of a second or subsequent offence by a
corporation--7,500 penalty units, or
Page 12
Electricity (Consumer Safety) Bill 2004 Clause 17
Electrical articles Part 2
(b) in the case of a first offence by a corporation--5,000 penalty
units, or
(c) in the case of a second or subsequent offence by an
individual--750 penalty units or imprisonment for 2 years, or
both, or
(d) in the case of a first offence by an individual--500 penalty
units.
(2) The Director-General may, by order in writing and subject to such
conditions, if any, as are specified in the order, exempt a person or
persons of a specified class from the operation of any or all of the
provisions of subsection (1).
Division 7 Acquisition guarantees
17 Acquisition guarantor and guarantees (cf 1946 No 13, s 21D (2))
(1) An acquisition guarantor is a person who gives an acquisition
guarantee.
(2) A guarantee is an acquisition guarantee in respect of an electrical
article for the purposes of the prosecution of an offence only if:
(a) the guarantee is in writing, and
(b) the matters guaranteed are that, when the guarantee is given:
(i) if the electrical article is a declared electrical article--
the model of the article has a model approval or has
been approved or certified under a recognised external
approval scheme or the article is of a class, description
or model approved or registered by a relevant authority
for another State or a Territory, and
(ii) the electrical article complies with the class
specifications (if any), the model specifications (if any)
and any other specifications or requirements (if any) for
the article prescribed by the regulations, and
(iii) the electrical article is marked as prescribed by the
regulations, and
(c) the guarantor is:
(i) an individual who resides in New South Wales, or
(ii) a corporation that has a place of business within New
South Wales, and
Page 13
Clause 18 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
(d) the guarantee specifies the name of the guarantor and:
(i) in the case of a guarantor who is an individual and who
resides within the State--the address of the guarantor
and of the place of business of the guarantor, or
(ii) in the case of a guarantor that is a corporation--an
address of a place of business of the guarantor within
New South Wales, and
(e) the guarantee applies:
(i) generally to electrical articles of the particular model to
which the prosecution relates, or
(ii) to the specific electrical article to which the prosecution
relates and refers to a sale note, bill of sale, invoice, bill
of lading or other document describing the electrical
article sold and the marking on it, and
(f) the guarantee complies with any other requirements
prescribed by the regulations.
18 Acquisition guarantee may be defence to certain offences (cf 1946 No
13, s 21D (1), (3) and (4))
(1) Subject to this section, proceedings against a person for an offence
under section 16 (1) are to be dismissed if it is proved that:
(a) the defendant received an acquisition guarantee in respect of
the electrical article to which the offence relates from the
person from whom the defendant obtained the electrical
article, and
(b) the defendant had no reason to believe that, at the time of the
alleged offence:
(i) if the electrical article was a declared electrical
article--the model of the article did not have a model
approval or had not been approved or certified under a
recognised external approval scheme or the article was
not of a class, description or model approved or
registered by a relevant authority for another State or a
Territory, and
(ii) the electrical article was not marked as prescribed by
the regulations, and
(iii) the electrical article did not comply with the class
specifications (if any), the model specifications (if any)
and the other specifications or requirements (if any) for
the article prescribed by the regulations.
Page 14
Electricity (Consumer Safety) Bill 2004 Clause 19
Electrical articles Part 2
(2) Subsection (1) does not apply unless, not later than 7 days after
service on the defendant of the process commencing proceedings
for the offence:
(a) the defendant has given a written notice to the prosecutor of
the defendant's intention to rely on an acquisition guarantee
and the notice specifies the following:
(i) the name of the acquisition guarantor,
(ii) any name under which the acquisition guarantor trades,
(iii) the address referred to in section 17 (2) (d) in relation to
the acquisition guarantor, and
(b) the defendant has given a written notice to the acquisition
guarantor of the defendant's intention to rely on the
guarantee, and
(c) the defendant has given the prosecutor a copy of the
guarantee.
(3) An acquisition guarantor given notice under subsection (2) is
entitled to offer evidence at the hearing of the proceedings to which
the notice relates and the court may, if it thinks fit, adjourn the
hearing to enable the guarantor to do so.
19 Acquisition guarantor may be convicted of offence if proceedings
against defendant dismissed (cf 1946 No 13, s 21D (5))
(1) If an offence is proved under section 16 (1) but the proceedings are
dismissed under section 18, the acquisition guarantor is liable to the
same penalty as could have been imposed if the offence to which the
proceedings relate had been committed by the guarantor.
(2) Subsection (1) does not apply if the acquisition guarantor proves
that, when the acquisition guarantee was given, the guarantor had
reasonable grounds for believing that the statements and
descriptions contained in the acquisition guarantee were true.
(3) Nothing in this section affects the liability of an acquisition
guarantor to be prosecuted for an offence against section 20.
Page 15
Clause 20 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
20 Person must not give false acquisition guarantee (cf 1946 No 13, s 21D
(6) and (7))
(1) A person must not make a false statement or give a false description
in relation to an electrical article or model of electrical article in any
acquisition guarantee, or purported acquisition guarantee, given by
the person.
Maximum penalty: 500 penalty units (in the case of a corporation)
and 150 penalty units (in any other case).
(2) It is a defence to the prosecution of an offence against subsection (1)
if the defendant proves that, when the defendant gave the guarantee,
the defendant had reasonable grounds for believing that the
statements and descriptions contained in the guarantee were true.
Division 8 Unsafe electrical articles
21 Prohibition of the sale of unsafe electrical articles (cf 1946 No 13, s 21E
(2) and (4))
(1) The Director-General may, by a notice published in the Gazette,
prohibit the sale of an electrical article or electrical articles of a
particular model from the date of the publication of the notice in the
Gazette or such later date as may be specified in the notice.
(2) The Director-General may, by written notice served on any person,
prohibit the person from selling an electrical article or any electrical
article of a particular model specified in the notice from the date on
which the notice is so served or such later date as may be specified
in the notice.
(3) The Director-General may issue a notice under this section
prohibiting the sale of an electrical article or electrical articles of a
particular model only if the Director-General believes on reasonable
grounds that:
(a) the electrical article or model of electrical article is, or is
likely to become, by reason of its design or construction,
unsafe to use, and
(b) prohibiting the sale of the electrical article, or electrical
articles of that model, is warranted by reason of the risk of
death or injury to any person or damage to any property
arising out of the use of that article or those articles.
Page 16
Electricity (Consumer Safety) Bill 2004 Clause 22
Electrical articles Part 2
(4) A notice issued under this section prohibiting the sale of an
electrical article or electrical articles of a particular model may be
revoked by the Minister or Director-General:
(a) in the case of a notice issued under subsection (1)--by notice
published in the Gazette, or
(b) in the case of a notice issued under subsection (2)--by notice
served on the person or persons to whom the original notice
was directed.
(5) The Director-General must publish copies of any notice issued
under subsection (1), or any notice of revocation issued under
subsection (4) (a), in such newspapers as may be prescribed by the
regulations.
(6) A failure to comply with subsection (5) does not invalidate any
notice or revocation of a notice under this section.
22 Requiring action to be taken by seller of unsafe electrical articles (cf
1946 No 13, s 21E (3) and (5))
(1) The Director-General may, by written notice served on any person
(the seller) whose business is or includes the sale of electrical
articles and who has sold an electrical article or electrical articles of
a particular model, require the seller to take such action within such
time as is specified in the notice if the Director-General believes on
reasonable grounds that:
(a) the electrical article or model of electrical article is, or is
likely to become, by reason of its design or construction,
unsafe to use, and
(b) specific action is necessary to make the electrical article or
electrical articles of that model safe to use or to render safe the
use of that article or those articles.
(2) Action that may be specified for the purposes of a notice under
subsection (1) may consist of or include:
(a) sending a written request to a person to whom the electrical
article or any other electrical article of the same model was
sold by the seller to return the article to the place at which the
article was sold, and
(b) making the electrical article safe to use or rendering safe the
use of that article, in the manner specified in the notice.
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Clause 23 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
(3) If a seller is required to take action in a notice issued under this
section, the Director-General or the Minister may (whether or not on
application of the seller), alter the requirements of the notice or
revoke the notice by further written notice served on the seller.
23 Requiring evidence of safety of electrical articles
If the Director-General believes on reasonable grounds that an
electrical article or model of electrical article is, or is likely to
become, by reason of its design or construction, unsafe to use, the
Director-General may, by written notice served on any person who
sells such electrical articles or electrical articles of that model,
require the person:
(a) to carry out such testing of the safety of the article or model
as is specified in the notice, and
(b) to provide such other evidence concerning the safety of the
article or model as may be specified in the notice.
24 Persons must comply with notices issued under this Division (cf
1946 No 13, s 21E (6), (7) and (8))
(1) A person must not sell an electrical article if the sale of that article
by the person is prohibited by a notice in force under section 21.
Maximum penalty:
(a) in the case of a second or subsequent offence by a
corporation--7,500 penalty units, or
(b) in the case of a first offence by a corporation--5,000 penalty
units, or
(c) in the case of a second or subsequent offence by an
individual--750 penalty units or imprisonment for 2 years, or
both, or
(d) in the case of a first offence by an individual--500 penalty
units.
(2) A person must comply with any requirement to take action in
respect of an electrical article or model of electrical article made of
the person under a notice in force under section 22.
Maximum penalty:
(a) in the case of a second or subsequent offence by a
corporation--7,500 penalty units, or
(b) in the case of a first offence by a corporation--5,000 penalty
units, or
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Electricity (Consumer Safety) Bill 2004 Clause 25
Electrical articles Part 2
(c) in the case of a second or subsequent offence by an
individual--750 penalty units or imprisonment for 2 years, or
both, or
(d) in the case of a first offence by an individual--500 penalty
units.
(3) A person must comply with any requirement to test or provide
evidence in respect of an electrical article or model of electrical
article under a notice in force under section 23.
Maximum penalty:
(a) in the case of a second or subsequent offence by a
corporation--7,500 penalty units, or
(b) in the case of a first offence by a corporation--5,000 penalty
units, or
(c) in the case of a second or subsequent offence by an
individual--750 penalty units or imprisonment for 2 years, or
both, or
(d) in the case of a first offence by an individual--500 penalty
units.
(4) A person is not guilty of an offence against this section if the person
satisfies the court that the person had reasonable grounds for
breaching or failing to comply with the prohibition or requirement
to which the alleged offence relates.
25 Effect of Division on Fair Trading Act 1987 (cf 1946 No 13, s 21E (11))
The provisions of this Division are in addition to, and not in
derogation of, any provision of the Fair Trading Act 1987 or any
regulation made under that Act.
Division 9 Investigation powers
26 Powers of authorised officers (cf 1946 No 13, s 21F (2); 1987 No 68, s 19 (4))
(1) An authorised officer may, at any reasonable time, enter any place
that the officer suspects on reasonable grounds to be a place in
which the manufacture or sale of electrical articles is being, or may
be, carried on and may:
(a) inspect and test any electrical article or prototype of an
electrical article, and
(b) inspect any manufacturing assembly or testing plant or
equipment used in respect of any electrical article, and
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Clause 26 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
(c) open any container or package which the authorised officer
has reasonable grounds to believe contains any electrical
article or require the person having the custody, control or
possession of the container or package to open it, and
(d) seize, detain or remove, for the purpose of examination or
testing, any electrical article or any container or package in
which an electrical article is contained or has been contained,
if the authorised officer has reasonable cause to believe that:
(i) an offence has been committed against this Act or the
regulations in respect of the electrical article, or
(ii) the electrical article is or is likely to become unsafe, and
(e) require any person in the place to produce any accounts,
records, books or other documents in the possession or under
the control of that person relating to the manufacture or sale
of any electrical article in the place, and
(f) take copies of, or extracts or notes from, any such accounts,
records, books or other documents, and
(g) require any person in the place to answer questions or
otherwise furnish information relating to the manufacture or
sale of electrical articles in the place where the articles are in
the possession or under the control of that person, and
(h) require the owner or occupier of the place to provide the
authorised officer with such assistance and facilities as are
reasonably necessary to enable the authorised officer to
exercise the functions of the authorised officer.
(2) If the Director-General believes on reasonable grounds that there
are in any place documents evidencing conduct in connection with
an electrical article in contravention of this Act or the regulations,
an authorised officer may, with the written authority of the Director-
General, enter the place, inspect any documents and make copies of
them or take extracts from them.
(3) An authorised officer may not exercise the authorised officer's
functions under this section in relation to a part of any premises
being used for residential purposes except:
(a) with the permission of the occupier of that part of the
premises, or
(b) under the authority conferred by a search warrant issued
under this Act.
Note. Section 42 enables authorised officers to obtain search warrants to
search residential premises in certain circumstances.
Page 20
Electricity (Consumer Safety) Bill 2004 Clause 27
Electrical articles Part 2
27 Prohibition of the sale of certain electrical articles and the labelling
of such articles (cf 1946 No 13, s 21F (3), (4), (5) and (7))
(1) An authorised officer may, if the officer believes on reasonable
grounds that an electrical article or more than one electrical article
of a particular model is, or is likely to become, unsafe:
(a) by written notice served on the person having the custody,
control or possession of the electrical article or of electrical
articles of that model, prohibit the sale by that person of the
electrical article or of all electrical articles of that model, and
(b) affix in some conspicuous position on the electrical article or
each of the electrical articles (as the case may be) or on any
container or package that contains such an article, a label
indicating that the electrical article is to be considered
dangerous and must not be sold or used until specified repairs
necessary to make the electrical article safe to use have been
effected by the person having the custody, possession or
control of the electrical article.
(2) A notice issued under this section ceases to have effect after the
expiration of 2 weeks from the date on which it is issued unless
within that period the Director-General has:
(a) confirmed or varied the terms of the notice under this section,
or
(b) revoked the notice under this section.
(3) For the purposes of subsection (2), the Director-General may, at any
time, by a further written notice served on the person to whom a
notice under subsection (1) was originally issued, confirm or vary
the terms of, or revoke, the original notice.
(4) A person must not:
(a) sell an electrical article in contravention of a notice in force
under this section, or
(b) remove or alter a label affixed to an electrical article or a
container or package under this section unless directed to do
so by an authorised officer.
Maximum penalty (subsection (4)):
(a) in the case of a second or subsequent offence by a
corporation--7,500 penalty units, or
(b) in the case of a first offence by a corporation--5,000 penalty
units, or
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Clause 28 Electricity (Consumer Safety) Bill 2004
Part 2 Electrical articles
(c) in the case of a second or subsequent offence by an
individual--750 penalty units or imprisonment for 2 years, or
both, or
(d) in the case of a first offence by an individual--500 penalty
units.
Division 10 Seizure and forfeiture of electrical articles
28 Return of seized electrical articles (cf 1946 No 13, s 21F (11))
(1) If an electrical article is seized under section 26 (1) (d) (a seized
article), the Director-General must, no later than 60 days (or such
greater period as may be prescribed by the regulations) after the
seizure, return the seized article to the person from whom it was
seized unless:
(a) the Director-General has, within that period, determined that
the article is unsafe and brought proceedings under section 29
for the forfeiture of the article, or
(b) proceedings are brought within that period against the person
or any other person in connection with the article for an
offence against this Act or the regulations.
(2) The Director-General must provide compensation, determined in
accordance with the regulations, for the seized article if:
(a) the Director-General does not find the article to be unsafe, or
bring proceedings for the forfeiture of the article, within the
period referred to in subsection (1), or
(b) proceedings for an offence against this Act or the regulations
are not brought within the period referred to in subsection (1)
against a person in connection with the article.
(3) If proceedings are brought within the period referred to in
subsection (1) against a person in connection with a seized article
for an offence against this Act or the regulations:
(a) the Director-General may retain the article until the
proceedings are finally determined, and
(b) the Director-General must immediately return the article to
the person from whom it was seized if the defendant in the
proceedings is acquitted of the offence.
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Electricity (Consumer Safety) Bill 2004 Clause 29
Electrical articles Part 2
29 Forfeiture of certain electrical articles (cf 1946 No 13, s 21G)
(1) The Director-General may apply, in the manner prescribed by the
regulations, to a Local Court for the forfeiture of an electrical article
to the Crown if:
(a) the Director-General determines that an electrical article
seized under section 26 (1) (d) is unsafe, or
(b) a court has found a person guilty of an offence against this Act
or the regulations in connection with the article.
(2) On the making of an order by a Local Court for the forfeiture of an
electrical article, the electrical article is forfeited to the Crown.
(3) Any electrical article forfeited to the Crown may be disposed of as
the Director-General directs.
Page 23
Clause 30 Electricity (Consumer Safety) Bill 2004
Part 3 Electrical installations
Part 3 Electrical installations
30 Inspection of electrical installations (cf 1946 No 13, s 25 (1) and (4); 1987
No 68, s 19 (4))
(1) An authorised officer may enter any place at any reasonable time for
the purpose of inspecting any electrical installation in the place.
(2) An authorised officer may require:
(a) any person who claims to be an authorised electrician to
produce for inspection by the authorised officer, within such
time as the authorised officer specifies, the person's licence or
other authority to do electrical wiring work, or
(b) any person who appears to the authorised officer to be doing
electrical wiring work to satisfy the authorised officer, within
such time as the authorised officer specifies, that the person is
not prohibited under the Home Building Act 1989 from doing
that electrical wiring work.
(3) If the Director-General believes on reasonable grounds that there
are in any place documents evidencing conduct in connection with
an electrical installation in contravention of this Act or the
regulations, an authorised officer may, with the written authority of
the Director-General, enter the place, inspect any documents and
make copies of them or take extracts from them.
(4) An authorised officer may not exercise the authorised officer's
functions under this section in relation to a part of any premises
being used for residential purposes except:
(a) with the permission of the occupier of that part of the
premises, or
(b) under the authority conferred by a search warrant issued
under this Act.
Note. Section 42 enables authorised officers to obtain search warrants to
search residential premises in certain circumstances.
31 Electrical installation work to comply with regulations
(1) A person must carry out electrical installation work in accordance
with such standards or requirements as may be prescribed by the
regulations.
Maximum penalty:
(a) in the case of a second or subsequent offence by a
corporation--7,500 penalty units, or
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Electricity (Consumer Safety) Bill 2004 Clause 32
Electrical installations Part 3
(b) in the case of a first offence by a corporation--5,000 penalty
units, or
(c) in the case of a second or subsequent offence by an
individual--750 penalty units or imprisonment for 2 years, or
both, or
(d) in the case of a first offence by an individual--500 penalty
units.
(2) In this section:
electrical installation work means the work of installing, adding to,
altering, disconnecting, reconnecting or replacing an electrical
installation.
32 Responsibilities of persons concerning the safety of electrical
installations (cf 1946 No 13, s 29)
(1) A responsible person for an electrical installation in a place must, to
the best of the person's ability and knowledge, ensure that such parts
of the electrical installation as may be prescribed by the regulations
are maintained in accordance with the regulations while the
electrical installation remains connected to the source of the supply
of electricity.
Maximum penalty: 500 penalty units (in the case of a corporation)
and 150 penalty units (in any other case).
(2) A responsible person for an electrical installation in a place must not
connect the electrical installation or any part of it, or cause the
installation or any part of it to be connected, to the source of supply
of electricity if the installation has been lawfully disconnected for
reasons of safety until the installation has been made safe.
Maximum penalty: 500 penalty units (in the case of a corporation)
and 150 penalty units (in any other case).
(3) In this section, responsible person, in relation to an electrical
installation in a place, means:
(a) the occupier of the place, or
(b) if there is no occupier, any owner of the place.
Page 25
Clause 33 Electricity (Consumer Safety) Bill 2004
Part 4 Accident reporting and investigations
Part 4 Accident reporting and investigations
33 Notification of serious electrical accidents (cf 1946 No 13, s 27E)
(1) A serious electrical accident must be notified in accordance with
subsection (2) to the Director-General by:
(a) except as provided by paragraph (b), the occupier of the place
at which the accident occurred, or
(b) such other person as is prescribed by the regulations.
Maximum penalty: 5 penalty units (where the place at which the
accident occurred is residential premises) and 100 penalty units (in
any other case).
(2) A notice of an accident must be given within 7 days after the
accident in such manner as may be prescribed by the regulations.
(3) The regulations may exclude a person, or a person belonging to a
class of persons, prescribed by the regulations from any requirement
under this section to notify the Director-General of a serious
electrical accident.
34 Investigation of serious electrical accidents (cf 1946 No 13, s 27G)
The Director-General may arrange for an authorised officer to
investigate and report to the Director-General concerning a serious
electrical accident, whether or not notice of the accident is given to
the Director-General.
35 Powers of authorised officers (cf 1946 No 13, s 27H; 1987 No 68, s 19 (4))
(1) For the purposes of this Part, an authorised officer may, in any place
where a serious electrical accident has or may reasonably be
expected to have occurred do any one or more of the following:
(a) enter and inspect the place,
(b) examine and test any electrical article, electrical installation
or other electrical equipment,
(c) take photographs,
(d) take for analysis a sample of any substance or thing that in the
authorised officer's opinion may relate to the accident,
(e) require any person in the place to produce any record that may
be of relevance to the occurrence of the accident,
(f) take copies of, or extracts or notes from, any such record,
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Electricity (Consumer Safety) Bill 2004 Clause 36
Accident reporting and investigations Part 4
(g) require any person in the place to answer questions or
otherwise furnish information relating to the accident,
(h) require the owner or occupier of the place to provide the
authorised officer with such assistance and facilities as are
reasonably necessary to enable the authorised officer to
exercise the authorised officer's functions under this section.
(2) If the Director-General believes on reasonable grounds that there
are in any place documents evidencing conduct in connection with
a serious electrical accident in contravention of this Act or the
regulations, an authorised officer may, with the written authority of
the Director-General, enter the place, inspect any documents and
make copies of them or take extracts from them.
(3) An authorised officer may not exercise the authorised officer's
functions under this section in relation to a part of any premises
being used for residential purposes except:
(a) with the permission of the occupier of that part of the
premises, or
(b) under the authority conferred by a search warrant issued
under this Act.
Note. Section 42 enables authorised officers to obtain search warrants to
search residential premises in certain circumstances.
36 Interference with site of serious electrical accident (cf 1946 No 13,
s 27K)
A person must not disturb or interfere with the site of a serious
electrical accident before it has been inspected by an authorised
officer except:
(a) to make it safe, or
(b) with the permission of an authorised officer, or
(c) as provided by the regulations.
Maximum penalty: 500 penalty units (in the case of a corporation)
and 250 penalty units (in any other case).
37 Publication of details of serious electrical accidents (cf 1946 No 13,
s 27L (1))
The Director-General may publish such details of serious electrical
accidents as the Director-General considers necessary in the
interests of public information and safety.
Page 27
Clause 38 Electricity (Consumer Safety) Bill 2004
Part 4 Accident reporting and investigations
38 Arrangements with other public authorities regarding investigable
electrical incidents
(1) The Director-General, WorkCover and the Energy Director-General
may enter into arrangements regarding any one or more of the
following:
(a) matters concerning investigable electrical incidents that the
Director-General or the Energy Director-General will refer to
WorkCover for investigation or other action under the
Occupational Health and Safety Act 2000,
(b) matters concerning investigable electrical incidents that the
Energy Director-General or WorkCover will refer to the
Director-General for investigation or other action under this
Act,
(c) matters concerning investigable electrical incidents that
WorkCover or the Director-General will refer to the Energy
Director-General for investigation or other action under the
Electricity Supply Act 1995,
(d) matters concerning an investigable electrical incident that is
the subject of investigation or other action by more than one
of the following at the same time:
(i) the Director-General,
(ii) WorkCover,
(iii) the Energy Director-General,
(e) the co-operative exercise of the respective functions of the
Director-General, WorkCover and the Energy Director-
General in respect of investigable electrical incidents.
(2) The Director-General, WorkCover and the Energy Director-General
are jointly to cause notice of any arrangements entered into under
this section to be published in the Gazette as soon as is practicable
after they are entered into. However, a failure to publish any such
arrangements does not affect their validity.
(3) A party to an arrangement entered into under this section:
(a) may decline, discontinue or defer an investigation or other
action in relation to an investigable electrical incident to give
effect to the arrangement, and
(b) may disclose any information concerning a matter involving
an investigable electrical incident that was duly obtained by
that party to another party to the arrangement to which the
matter is referred so as to give effect to the arrangement.
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Electricity (Consumer Safety) Bill 2004 Clause 38
Accident reporting and investigations Part 4
(4) A party to which a matter is referred under an arrangement entered
into under this section may investigate or deal with information
obtained in respect of the matter referred in order to give effect to
the arrangement.
(5) In this section:
Energy Director-General means the Director-General within the
meaning of the Electricity Supply Act 1995.
investigable electrical incident means an accident or other incident:
(a) in which electricity is involved, and
(b) as a consequence of which a person dies or suffers permanent
disability, is hospitalised, receives treatment from a health
care professional or is unable to attend work for any period of
time.
WorkCover means the WorkCover Authority constituted by the
Workplace Injury Management and Workers Compensation
Act 1998.
Page 29
Clause 39 Electricity (Consumer Safety) Bill 2004
Part 5 Enforcement
Part 5 Enforcement
Division 1 Authorised officers
39 Authorised officers (cf 1946 No 13, ss 21F (1), (2), (13) and (14), 25 (1) and (9)
and 27F)
(1) The Director-General may appoint any person (other than an
investigator) as an authorised officer for the purposes of any or all
of the provisions of this Act or the regulations.
Note. Any investigator under the Fair Trading Act 1987 is an authorised officer
for the purposes of this Act without further need for appointment under this
section by reason of paragraph (a) of the definition of authorised officer in
section 3 (1).
(2) The Director-General may at any time and for any reason revoke a
person's appointment under subsection (1).
(3) An authorised officer is to be provided by the Director-General with
a certificate of identification.
(4) An authorised officer must, when exercising in any place any
function of the authorised officer under this Act or the regulations,
produce the officer's certificate of identification to any person
apparently in charge of the place who requests its production.
40 Obstruction etc of authorised officers (cf 1946 No 13, ss 21F (6), (8) and
(12), 25 (5)(8) and 27J)
(1) A person must not:
(a) without reasonable excuse, refuse or fail to comply with any
notice given or requirement made, or to answer any question
asked, by an authorised officer under this Act or the
regulations, or
(b) provide information or give evidence in purported
compliance with a requirement made or question asked by an
authorised officer under this Act or the regulations knowing
the information or evidence to be false or misleading in a
material particular, or
(c) wilfully delay, hinder or obstruct an authorised officer in the
exercise of the officer's functions under this Act or the
regulations, or
(d) falsely represent himself or herself to be an authorised officer.
Maximum penalty: 500 penalty units (in the case of a corporation)
and 150 penalty units (in any other case).
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Electricity (Consumer Safety) Bill 2004 Clause 41
Enforcement Part 5
(2) If an authorised officer makes a requirement under section 30 (2)
(b), of a person who appears to the officer to be doing electrical
wiring work, that person is not guilty of the offence of failing to
comply with that requirement if it is proved that the person was not
actually doing the electrical wiring work.
(3) It is a sufficient defence to a prosecution for an offence arising under
subsection (1) (a) by reason of the failure of a defendant to answer
a question asked by an authorised officer under a power conferred
by this Act or the regulations if the defendant satisfies the court that
the defendant did not know, and could not with reasonable diligence
ascertain, the answer to the question.
(4) A person cannot be prosecuted for both an offence against this
section and an offence against section 23 (Obstruction etc of
officers) of the Fair Trading Act 1987 in relation to the same act or
omission.
41 Powers of authorised officers who are investigators under Fair
Trading Act 1987 not limited
The powers conferred by this Act or the regulations on persons who
are authorised officers by reason of being investigators are in
addition to, and not in derogation of, the powers conferred on
investigators by Division 3 of Part 2 of the Fair Trading Act 1987.
Division 2 Search warrants
42 Search warrants (cf 1946 No 13, ss 21I and 27I)
(1) An authorised officer may apply to an authorised justice for a search
warrant in respect of a place if the authorised officer has reasonable
grounds for believing that:
(a) an unsafe electrical installation is in the place, or
(b) a serious electrical accident has occurred in the place, or
(c) a provision of this Act or the regulations has been or is being
contravened in the place.
(2) An authorised justice to whom an application is made under this
section may, if satisfied that there are reasonable grounds for doing
so, issue a search warrant authorising the authorised officer named
in the warrant:
(a) to enter the place concerned, and
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Clause 43 Electricity (Consumer Safety) Bill 2004
Part 5 Enforcement
(b) to search the place for evidence of a contravention of this Act
or the regulations.
(3) Part 3 of the Search Warrants Act 1985 applies to a search warrant
issued under this section.
(4) In this section, authorised justice means an authorised justice
within the meaning of the Search Warrants Act 1985.
Division 3 Undertakings
43 Application of section 73A of Fair Trading Act 1987 to undertakings
given for purposes of this Act (cf 1987 No 68, s 73A)
(1) Section 73A (Enforcement of undertakings) of the Fair Trading Act
1987 applies in connection with a matter in relation to which the
Director-General has a function under this Act as if the function
were a function under the Fair Trading Act 1987.
Note. Section 73A of the Fair Trading Act 1987 enables the Director-General to
accept a written undertaking given by a person in connection with a matter in
relation to which the Director-General has a function under that Act. Any such
undertaking is enforceable by the Supreme Court.
(2) The costs incurred by the Director-General in taking action under
section 73A of the Fair Trading Act 1987 to enforce an undertaking
are recoverable from the person who gave the undertaking, as a debt
due to the Crown, in a court of competent jurisdiction.
Division 4 Proceedings for offences
44 Limitation on self-incrimination (cf 1946 No 13, s 21F (9))
(1) A person who is required under this Act or the regulations to answer
a question, produce a thing or provide information is not excused
from answering the question, producing that thing or providing the
information on the ground that the answer to the question, the
production of the thing or the provision of the information might
tend to incriminate the person or make the person liable to a penalty.
(2) However, any answer given to a question, thing produced or
information provided by a natural person in compliance with a
requirement under this Act or the regulations is not admissible in
evidence against the person in criminal proceedings (except
proceedings for an offence against section 27 (4) or 40 (1)).
Page 32
Electricity (Consumer Safety) Bill 2004 Clause 45
Enforcement Part 5
45 Corporations (cf 1946 No 13, s 21F (10))
(1) If a corporation contravenes, whether by act or omission, any
provision of this Act or the regulations, each person who is a
director of the corporation or who is concerned in the management
of the corporation is taken to have contravened the same provision
if the person knowingly authorised or permitted the contravention.
(2) A person may be proceeded against and convicted under a provision
pursuant to subsection (1) whether or not the corporation has been
proceeded against or has been convicted under the provision.
(3) If an answer to a question asked by an authorised officer under this
Act or the regulations or any information is given to an authorised
officer by an officer of a corporation:
(a) the answer and the information are admissible in evidence in
any proceedings against the corporation under this Act or the
regulations, and
(b) the answer or information is binding on the corporation unless
it is proved that the answer or information was given in
relation to a matter in respect of which the officer had no
authority to bind the corporation.
(4) Nothing in subsection (1) or (2) affects any liability imposed on a
corporation for an offence committed by the corporation under this
Act or the regulations.
46 Evidentiary provisions relating to electrical articles (cf 1946 No 13,
s 21H)
A certificate purporting to be signed by the Director-General (or any
Departmental staff member authorised in writing by the Director-
General) to the effect that at any time, or during any period,
specified in the certificate:
(a) an electrical article was a declared electrical article, or
(b) a standard, code, rule, testing requirement or other
specification specified or described in the certificate (whether
with or without modifications so specified or described) was
a class specification or a model specification for a specified
model of electrical article, or
(c) an electrical article described in the certificate was or was not
of a particular model that had a model approval or of a class,
description or model approved or registered by a relevant
authority for another State or a Territory, or
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Clause 47 Electricity (Consumer Safety) Bill 2004
Part 5 Enforcement
(d) a scheme for the approval or certification of models of
electrical articles was a recognised external approval scheme,
is admissible in any proceedings and is evidence of the matters
certified.
47 Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it
appears to the officer that the person has committed an offence
against this Act or the regulations, being an offence prescribed by
the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served
does not wish to have the matter determined by a court, the person
can pay, within the time and to the person specified in the notice, the
amount of the penalty prescribed by the regulations for the offence
if dealt with under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid
under this section, no person is liable to any further proceedings for
the alleged offence.
(5) Payment under this section is not to be regarded as an admission of
liability for the purpose of, and does not in any way affect or
prejudice, any civil claim, action or proceeding arising out of the
same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision creating
the offence, and
(b) prescribe the amount of penalty payable for the offence if
dealt with under this section, and
(c) prescribe different amounts of penalties for different offences
or classes of offences.
(7) The amount of penalty prescribed under this section for an offence
may not exceed:
(a) an amount equivalent in value to $10,000, or
(b) the maximum amount of penalty that could be imposed for the
offence by a court,
whichever is the lesser.
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Electricity (Consumer Safety) Bill 2004 Clause 48
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(8) This section does not limit the operation of any other provision of,
or made under, this or any other Act relating to proceedings that may
be taken in respect of offences.
48 Nature of proceedings for offences (cf 1946 No 13, s 33)
(1) Proceedings for an offence against this Act or the regulations may
be dealt with:
(a) summarily before a Local Court, or
(b) summarily before the Supreme Court in its summary
jurisdiction.
(2) If proceedings are brought in a Local Court, the maximum monetary
penalty that the Local Court may impose for the offence is 200
penalty units, despite any higher maximum monetary penalty
provided in respect of the offence.
49 Commencement of proceedings (cf 1946 No 13, ss 21D (8) and 31A)
(1) Proceedings for an offence against this Act or the regulations may
be commenced at any time within the period of 2 years after the date
on which the offence is alleged to have been committed.
(2) Proceedings for an offence against this Act or the regulations may
also be commenced within the period of 2 years after the date
evidence of the offence that is alleged to have been committed first
came to the attention of an authorised officer.
(3) However, nothing in subsection (2) permits the commencement of
proceedings if a period of 5 years has elapsed after the date on which
the offence is alleged to have been committed.
(4) If subsection (2) is relied on for the purpose of commencing
proceedings for an offence, the process commencing proceedings
for the offence must contain particulars of the date on which
evidence of the offence first came to the attention of an authorised
officer and need not contain particulars of the date on which the
offence was committed. The date on which evidence first came to
the attention of an authorised officer is the date specified in the
process commencing proceedings for the offence, unless the
contrary is established.
(5) This section applies despite anything in the Criminal Procedure
Act 1986 or any other Act.
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Clause 49 Electricity (Consumer Safety) Bill 2004
Part 5 Enforcement
(6) In this section:
authorised officer means any person who is an authorised officer
for the purposes of this Act, whether or not the person has the
functions of an authorised officer in connection with the offence
concerned.
evidence of an offence means evidence of any act or omission
constituting the offence.
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Electricity (Consumer Safety) Bill 2004 Clause 50
Miscellaneous Part 6
Part 6 Miscellaneous
50 Disclosure of information (cf 1946 No 13, s 21K)
(1) Subject to subsection (3), a person must not disclose any
information relating to any manufacturing or commercial secrets or
working processes obtained by the person in connection with the
administration or execution of this Act, unless the disclosure of
information is:
(a) made in connection with the administration or execution of
this Act, or
(b) made with the prior permission of the Minister, or
(c) ordered by a court, or by any other body or person authorised
by law to examine witnesses, in the course of, and for the
purpose of, the hearing and determination by that court, body
or person of any matter or thing.
Maximum penalty: 100 penalty units.
(2) The Minister may grant the permission referred to in subsection (1)
(b) only if the Minister is satisfied that to do so would be in the
public interest.
(3) A Departmental staff member may, with the consent of the Director-
General, communicate any matter which comes to the knowledge of
the member of staff in the exercise of the functions of the member
of staff under this Act to an officer or body engaged in administering
or executing a law of the Commonwealth or of another State or a
Territory relating to electrical articles.
51 Exclusion of personal liability (cf 1946 No 13, s 27L (2); 1987 No 68, s 10)
Anything done or omitted to be done by:
(a) the Minister, or a person acting under the direction of the
Minister, or
(b) the Director-General, or a person acting under the direction of
the Director-General, or
(c) an authorised officer,
does not subject the Minister, Director-General, person or
authorised officer personally to any action, liability, claim or
demand if the thing was done, or omitted to be done, in good faith
for the purpose of executing this Act.
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Clause 52 Electricity (Consumer Safety) Bill 2004
Part 6 Miscellaneous
52 Service or giving of documents (cf 1946 No 13, s 21E (9))
(1) A document that is authorised or required by this Act or the
regulations to be served on, or given to, any person may be served
or given by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the person
for the giving or service of documents or, if no such
address is specified, the residential or business address
of the person last known to the person giving or serving
the document, or
(iii) sending it by facsimile transmission to the facsimile
number of the person, or
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the age
of 16 years at, or by sending it by post to, the head
office, a registered office or a principal office of the
body corporate or to an address specified by the body
corporate for the giving or service of documents, or
(ii) sending it by facsimile transmission to the facsimile
number of the body corporate.
(2) Nothing in this section affects the operation of any provision of a
law or of the rules of a court authorising a document to be served on
a person in any other manner.
53 Provision of documents to Director-General
(1) A document may be served on, or given to, or lodged with, the
Director-General by leaving it at, or by sending it by post to:
(a) the office of the Director-General, or
(b) if the Director-General has more than one office, any one of
the Director-General's offices.
(2) Nothing in subsection (1) affects the operation of any provision of a
law or of the rules of a court authorising a document to be served on
the Director-General in a manner not provided for by subsection (1).
54 Delegation of functions (cf 1946 No 13, s 28)
(1) The Minister may delegate to an authorised person any of the
functions of the Minister under this Act or the regulations, other
than this power of delegation.
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Electricity (Consumer Safety) Bill 2004 Clause 55
Miscellaneous Part 6
(2) The Director-General may delegate to any other authorised person
any of the functions of the Director-General under this Act or the
regulations, other than this power of delegation.
(3) A delegate may sub-delegate to an authorised person any function
delegated by the Minister or the Director-General if the delegate is
authorised in writing to do so by the Minister or Director-General
(as the case may be).
(4) In this section:
authorised person means:
(a) a public authority or local authority or a member of staff of a
public authority or local authority, or
(b) a member of staff of a government Department, or
(c) a person of a class prescribed by the regulations.
55 Regulations (cf 1946 No 13, s 37)
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) Without limiting subsection (1), regulations may be made for or
with respect to any of the following matters:
(a) standards for electrical articles and for the materials used in
the manufacture of electrical articles,
(b) interference by persons with electrical installations or other
electrical equipment,
(c) the installation of electrical installations or other electrical
equipment and the alteration, repair or renewal of such
installations or equipment,
(d) the provision of reports, information, particulars, returns and
statistics for the purposes of this Act and the time and mode
of furnishing and the manner of verification,
(e) the constitution, functions and procedures of a committee to
advise the Director-General in relation to any matters relating
to the approval or sale of electrical articles that may be
referred to it by the Director-General,
(f) the making of applications for the purposes of Part 2 and the
fees for any such applications,
(g) the testing and inspection of electrical articles,
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Clause 56 Electricity (Consumer Safety) Bill 2004
Part 6 Miscellaneous
(h) the approval, and the withholding and withdrawal of
approval, of electrical articles or models of electrical articles
and the renewal of any such approval,
(i) fees for the testing, inspection or approval of electrical articles
or of models of electrical articles or for the renewal of any
such approval,
(j) the marking of electrical articles and the improper use of such
marks,
(k) guarantees to be given with respect to electrical articles,
(l) the disposal, whether by way of sale or otherwise, of electrical
articles and the display of electrical articles in connection
with any such disposal.
(3) The regulations may create offences punishable by a penalty not
exceeding 500 penalty units (in the case of corporations) and 250
penalty units (in any other case).
(4) The regulations may apply, adopt or incorporate (with or without
modification) any publication as in force at a particular time or from
time to time.
(5) The regulations prevail over regulations made under the Local
Government Act 1993, to the extent of any inconsistency.
56 Savings, transitional and other provisions
Schedule 1 has effect.
57 Repeal of Electricity Safety Act 1945 (1946 No 13)
The Electricity Safety Act 1945 is repealed.
58 Amendment of Acts and Regulations
The Acts and Regulations specified in Schedules 24 are amended
as set out in those Schedules.
59 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 5 years from the date of assent to this Act.
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(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 5
years.
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Schedule 1 Savings, transitional and other provisions
Schedule 1 Savings, transitional and other provisions
(Section 56)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
(4) Regulations made as referred to in subclause (1) may have effect
despite the terms of any savings or transitional provisions contained
in this Schedule, if the regulations so provide.
Part 2 Provisions consequent on enactment of this
Act
Division 1 Interpretation
2 Definitions
(1) In this Part:
new electricity safety legislation means:
(a) any provision of this Act (other than Schedules 24), and
(b) any provision of the Electricity Supply Act 1995 inserted in
that Act by an amendment made by Schedule 2 to this Act,
and
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Electricity (Consumer Safety) Bill 2004
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(c) any provision of the Energy Administration Act 1987 inserted
in that Act by an amendment made by Schedule 3 to this Act.
repeal date means the date on which the repealed Act is repealed by
this Act.
repealed Act means the Electricity Safety Act 1945 as in force
immediately before its repeal by this Act.
(2) For the purposes of this Part:
(a) a provision of the new electricity safety legislation
corresponds to a provision of the repealed Act if the provision
is in the same (or in substantially the same) terms as the
provision in the repealed Act, and
(b) a function under the new electricity safety legislation
corresponds to a function under the repealed Act if the
function is the same (or substantially the same) as the function
under the repealed Act.
Division 2 Continuing operation of repealed Act
3 Repealed Act and regulations made under it continue to apply in
certain circumstances
(1) The repealed Act and any regulations, approvals, exemptions,
declarations or orders made under that Act continue to apply with
respect to the following matters as if this Act had not been enacted:
(a) an offence or alleged offence against the repealed Act or the
regulations made under that Act,
(b) any proceedings for any such offence,
(c) any notice given to a distribution network service provider
(within the meaning of the Electricity Supply Act 1995) under
section 19G of the repealed Act in force immediately before
the repeal date,
(d) any application for a notification of a type specification
pending under section 21B of the repealed Act immediately
before the repeal date,
(e) any notification of a type specification given under section
21B of the repealed Act before the repeal date,
(f) any appeal to the Minister under section 21C (9) of the
repealed Act that is pending (or any entitlement to appeal to
the Minister under that subsection that has not been exercised)
immediately before the repeal date,
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Schedule 1 Savings, transitional and other provisions
(g) any notice or notification issued under section 21E of the
repealed Act in force immediately before the repeal date,
(h) any notice issued under section 21F of the repealed Act in
force immediately before the repeal date or any label affixed
to an electrical article under that section before the repeal
date,
(i) any electrical article seized under section 21F of the repealed
Act before the repeal date,
(j) any search warrant issued under section 21I or 27I of the
repealed Act in force immediately before the repeal date,
(k) any certificate issued under section 21H of the repealed Act
before the repeal date,
(l) any application made under section 21G of the repealed Act
that is pending in a Local Court (or any entitlement to make
such an application to a Local Court that has not been
exercised) immediately before the repeal date,
(m) any requirement made of a person under section 25 (4) of the
repealed Act that had not yet been complied with before the
repeal date,
(n) any order made under section 26 (3) of the repealed Act in
force immediately before the repeal date,
(o) any serious electrical accident within the meaning of Part 6B
of the repealed Act that occurred before the repeal date,
(p) any investigation, inspection, examination or testing of a
thing, matter or place authorised to be begun but not
commenced (or begun but not completed) under the repealed
Act before the repeal date.
(2) For the purposes of the operation of this Part:
(a) any notification of a type specification given under section
21B of the repealed Act (as continued in force by subclause
(1)) on or after the repeal date in respect of a type of electrical
article (within the meaning of that Act) is to have effect as if
the notification had been given immediately before the repeal
date, and
(b) any action taken by the Minister on an appeal under section
21C (9) of the repealed Act (as continued in force by
subclause (1)) on or after the repeal date in respect of a
determination under section 21C of the repealed Act is to have
effect as if the action had been taken immediately before the
repeal date.
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(3) This clause is subject to any contrary provision in this Schedule.
Division 3 Electricity Development Fund
4 Electricity Development Fund
Any money that, on the repeal date, was standing to the credit of the
Electricity Development Fund established by section 15 of the
repealed Act is to be transferred to the Consolidated Fund.
Division 4 Electrical articles
5 Electrical articles to which Part 4C of repealed Act applied
Any class of electrical articles that was declared in an order in force
under section 21 of the repealed Act immediately before the repeal
date to be a class of electrical articles to which Part 4C of the
repealed Act applied is taken to be a class of electrical articles that
is the subject of an order under section 5 of this Act.
6 Existing class and type specifications
(1) Any specification that was a class specification in relation to a class
of electrical articles within the meaning of the repealed Act
immediately before the repeal date is taken to be a class
specification under this Act in relation to the same class of electrical
articles.
(2) Any specification that was a type specification in relation to a type
of electrical article within the meaning of the repealed Act
immediately before the repeal date is taken to be a model
specification under this Act in relation to any model of electrical
article having the same specifications as that type of electrical
article.
7 Existing certification schemes approved by Minister
Any certification scheme that was approved by the Minister for the
purposes of Part 4C of the repealed Act and the approval of which
continued in force immediately before the repeal date is taken to be
a scheme for the approval or certification of models of electrical
articles declared by the Minister under section 15 of this Act.
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8 Existing relevant authorities
Until a regulation is made for the purposes of the definition of
relevant authority in section 3 (1), any authority that was prescribed
as a relevant authority for another State or a Territory for the
purposes of the definition of relevant authority in section 20 (1) of
the repealed Act immediately before the repeal date is taken to be a
relevant authority for the same State or Territory for the purposes of
this Act.
9 Existing exemptions for prohibitions against sale of declared
electrical articles
Any exemption in force under section 21A (3) of the repealed Act
immediately before the repeal date is taken to be an exemption
given by the Director-General under section 16 (2) of this Act in
respect of all of the provisions of section 16 (1) in relation to the
same person (or class of persons) to which it was originally given
and subject to the same conditions on which it was originally given.
10 Approvals under section 21C of repealed Act
(1) Any approval of a type of electrical article given under section 21C
of the repealed Act that was in force immediately before the repeal
date continues in force under this Act as if the approval had been
given by the Director-General under section 11 of this Act for a
model having the same specifications as the type of electrical article
originally approved.
(2) If any approval under section 21C of the repealed Act is the subject
of a suspension in force immediately before the repeal date:
(a) subject to paragraph (b), subclause (1) applies to the approval,
and
(b) the suspension continues in force as if it were a suspension
under section 13 of this Act due to expire at the same time as
the original suspension.
(3) Section 12 applies to an approval to which subclause (1) applies as
if the approval taken to be given under this Act had been given by
the Director-General for the same period specified in the original
approval and that period had commenced at the same time as the
original approval commenced.
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Electricity (Consumer Safety) Bill 2004
Savings, transitional and other provisions Schedule 1
11 Applications for approvals under section 21C of repealed Act
The Director-General may deal with any application made under
section 21C of the repealed Act that had not been determined
immediately before the repeal date as if the application had been
made under section 11 of this Act in respect of a model of electrical
article having the same specifications as the type of electrical article
specified in the original application.
12 Prescribed guarantees under repealed Act
Any prescribed guarantee within the meaning of section 21D (2) of
the repealed Act given in respect of an electrical article or type of
electrical article before the repeal date is taken to be an acquisition
guarantee for the purposes of this Act in respect of the same article
or the model of article having the same specifications as that type (as
the case may be).
13 Persons authorised under section 21F of repealed Act
Any person authorised under section 21F (2) of the repealed Act
whose authorisation was in force immediately before the repeal date
is taken to have been appointed as an authorised officer by the
Director-General under section 39 of this Act for the purposes of
section 26 (1) of this Act.
Division 5 Electrical installations
14 Persons authorised under section 25 of repealed Act
Any person authorised under section 25 (1) of the repealed Act in
respect of the examination of electrical installations whose
authorisation was in force immediately before the repeal date is
taken to have been appointed as an authorised officer by the
Director-General under section 39 of this Act in respect of the
provisions of this Act and the regulations relating to electrical
installations.
Division 6 Electrical accidents
15 Inspectors under section 27F of repealed Act
Any person authorised under section 27F (1) of the repealed Act to
carry out inspections in respect of serious electrical accidents
involving electrical installations or electrical articles (within the
meaning of that Act) whose authorisation was in force immediately
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Electricity (Consumer Safety) Bill 2004
Schedule 1 Savings, transitional and other provisions
before the repeal date is taken to have been appointed as an
authorised officer by the Director-General under section 39 of this
Act in respect of the provisions of this Act and the regulations
relating to serious electrical accidents.
Division 7 General
16 Certificates under section 21H of repealed Act
Section 46 is taken to extend to any matter arising under the
repealed Act that could have been the subject of a certificate under
section 21H of the repealed Act if that Act had not been repealed.
17 Delegations under section 28 of repealed Act
Any delegation under section 28 of the repealed Act in force
immediately before the repeal date in respect of any function under
the repealed Act concerning electrical installations or electrical
articles (within the meaning of that Act) is taken to be a delegation
given by the Minister under section 54 of this Act in respect of a
corresponding function (if any) of the Minister under this Act.
18 Disclosure of information prohibited by section 21K of repealed Act
Section 50 is taken to extend to the disclosure of any information on
or after the repeal date that would have been prohibited by section
21K of the repealed Act if that Act had not been repealed.
19 Construction of references
(1) In any other Act or instrument:
(a) subject to paragraph (b), a reference to the repealed Act is
taken to be a reference to this Act, and
(b) a reference to a provision of the repealed Act is taken to be a
reference to the corresponding provision or provisions (if any)
of the new electricity safety legislation.
(2) Subclause (1) does not apply to:
(a) section 135 (b) of the Home Building Act 1989, or
(b) any other provision of another Act, or an instrument made
under another Act, prescribed by the regulations.
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20 Effect of this Part
Nothing in this Part prevents the amendment or revocation of any
delegation, authorisation, appointment, approval, exemption,
declaration or order.
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Schedule 2 Amendment of Electricity Supply Act 1995 No 94
Schedule 2 Amendment of Electricity Supply Act 1995
No 94
(Section 58)
[1] Section 3 Objects
Insert at the end of section 3 (c):
, and
(d) to promote and encourage the safety of persons and
property in relation to the generation, transmission,
distribution and use of electricity.
[2] Section 54 Powers of entry
Insert at the end of section 54 (1) (e):
, or
(f) inspecting or disconnecting an electrical installation
that the network operator is required or permitted to
inspect or disconnect by or under this or any other Act
or law.
[3] Part 5C
Insert after Part 5B:
Part 5C Removal of electricity structures
63K Director-General may direct distribution network service
provider to remove structure
(1) The Director-General may, by notice in writing served on a
distribution network service provider, direct the service
provider to remove or relocate an electricity structure
specified in the notice if:
(a) the structure is erected within the service provider's
distribution district, and
(b) the structure is on or adjacent to a public road that is:
(i) a traffic route, or
(ii) a public road that the Director-General has, for
the purpose of traffic safety and having regard to
the volume and nature of the vehicular traffic
carried on it, determined requires the removal or
relocation of the structure.
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Electricity (Consumer Safety) Bill 2004
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(2) A distribution network service provider must comply with a
notice served on it under subsection (1).
(3) In this section:
electricity structure means any structure erected or
maintained by a distribution network service provider for the
purpose of the transmission or distribution of electricity or for
the purpose of public lighting.
[4] Part 5D
Insert before Part 6:
Part 5D Electricity safety
Division 1 General
63L Interpretation
(1) For the purposes of this Part, place includes land (whether or
not covered with water), premises, buildings and other
structures.
(2) For the purposes of this Part, a person or thing is in a place if
the person or thing is located in, on, over or under the place.
Division 2 Inspectors
63M Inspectors
(1) The Director-General may appoint any person as an inspector
for the purposes of any or all of the provisions of this Act or
the regulations.
(2) The Director-General may at any time and for any reason
revoke a person's appointment under subsection (1).
(3) An inspector is to be provided by the Director-General with a
certificate of identification.
(4) An inspector must, when exercising in any place any function
of the inspector under this Act or the regulations, produce the
inspector's certificate of identification to any person
apparently in charge of the place who requests its production.
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Electricity (Consumer Safety) Bill 2004
Schedule 2 Amendment of Electricity Supply Act 1995 No 94
63N Obstruction etc of inspectors
(1) A person must not:
(a) without reasonable excuse, refuse or fail to comply with
any notice given or requirement made, or to answer any
question asked, by an inspector under this Act or the
regulations, or
(b) provide information or give evidence in purported
compliance with a requirement made or question asked
by an inspector under this Act or the regulations
knowing the information or evidence to be false or
misleading in a material particular, or
(c) wilfully delay, hinder or obstruct an inspector in the
exercise of the inspector's functions under this Act or
the regulations, or
(d) falsely represent himself or herself to be an inspector.
Maximum penalty: 500 penalty units (in the case of a
corporation) and 150 penalty units (in any other case).
(2) If an inspector makes a requirement under section 63O (2) (c)
of a person who appears to the inspector to be doing electrical
wiring work, that person is not guilty of the offence of failing
to comply with that requirement if it is proved that the person
was not actually doing the electrical wiring work.
(3) It is sufficient defence to a prosecution for an offence arising
under subsection (1) (a) by reason of the failure of a defendant
to answer a question asked by an inspector under a power
conferred by this Act or the regulations if the defendant
satisfies the court that the defendant did not know, and could
not with reasonable diligence ascertain, the answer to the
question.
Division 3 Electrical equipment
63O Inspection of certain electrical equipment
(1) An inspector may enter any place at any reasonable time for
the purpose of inspecting any electrical installation, corrosion
protection system or stray current source (relevant electrical
equipment) in the place.
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(2) An inspector may require:
(a) the relevant distribution network service provider for an
electrical installation to disconnect the installation if the
inspector reasonably believes that it is necessary for the
installation to be disconnected in the interests of safety,
or
(b) any person who claims to be an authorised electrician to
produce for inspection by the inspector, within such
time as the inspector specifies, the person's licence or
other authority to do electrical wiring work, or
(c) any person who appears to the inspector to be doing
electrical wiring work to satisfy the inspector, within
such time as the inspector specifies, that the person is
not prohibited under the Home Building Act 1989 from
doing that electrical wiring work.
(3) If the Director-General believes on reasonable grounds that
there are in any place documents evidencing conduct in
connection with relevant electrical equipment in
contravention of this Act or the regulations, an inspector may,
with the written authority of the Director-General, enter the
place, inspect any documents and make copies of them or take
extracts from them.
(4) An inspector may not exercise the inspector's functions under
this section in relation to a part of any premises being used for
residential purposes except:
(a) with the permission of the occupier of that part of the
premises, or
(b) under the authority conferred by a search warrant issued
under this Part.
(5) In this section:
relevant distribution network service provider, in relation to
an electrical installation, means the distribution network
service provider that owns or controls the distribution system
that is used to convey and control the conveyance of
electricity to the installation.
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Schedule 2 Amendment of Electricity Supply Act 1995 No 94
63P Examination and testing of electricity delivery equipment
(1) The Director-General may from time to time cause any
electricity delivery equipment to be examined and tested for
the purpose of determining whether the equipment can be
used safely.
(2) An inspector may enter any place at any reasonable time for
the purpose of examining or testing any electricity delivery
equipment that is in the place.
63Q Orders prohibiting the use of unsafe electricity delivery
equipment
(1) If the Minister is satisfied that electricity delivery equipment
cannot be used safely, the Minister may, by order served on
the network operator or retail supplier using or proposing to
use the equipment, prohibit the use of the equipment.
(2) An order under this section may permanently prohibit the use
of the electricity delivery equipment concerned or prohibit the
use of the equipment until such time as it is repaired or altered
to the satisfaction of the Minister.
(3) The Minister may make an order under this section only on
the recommendation of the Director-General.
(4) A person must not use any electricity delivery equipment in
contravention of an order made under this section.
Maximum penalty (subsection (4)): 200 penalty units.
Division 4 Accident reporting and investigation
63R Notification of serious electricity works accidents
(1) A serious electricity works accident must be notified in
accordance with subsection (2) to the Director-General by the
distribution network service provider or transmission
operator that owns or controls the distribution system or
transmission system of which the electricity works concerned
forms part.
Maximum penalty: 500 penalty units.
(2) A notice of an accident must be given within 7 days after the
accident in such manner as may be prescribed by the
regulations.
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(3) The regulations may exclude a person, or a person belonging
to a class of persons, prescribed by the regulations from any
requirement under this section to notify the Director-General
of a serious electricity works accident.
63S Investigation of serious electricity works accidents
The Director-General may arrange for an inspector to
investigate and report to the Director-General concerning a
serious electricity works accident, whether or not notice of the
accident is given to the Director-General.
63T Powers of inspectors
(1) For the purposes of this Division, an inspector may, in any
place where a serious electricity works accident has or may
reasonably be expected to have occurred do any one or more
of the following:
(a) enter and inspect the place,
(b) examine and test any electrical installation or other
electrical equipment,
(c) take photographs,
(d) take for analysis a sample of any substance or thing that
in the inspector's opinion may relate to the accident,
(e) require any person in the place to produce any record
that may be of relevance to the occurrence of the
accident,
(f) take copies of, or extracts or notes from, any such
record,
(g) require any person in the place to answer questions or
otherwise furnish information relating to the accident,
(h) require the owner or occupier of the place to provide the
inspector with such assistance and facilities as are
reasonably necessary to enable the inspector to exercise
the inspector's functions under this section.
(2) If the Director-General believes on reasonable grounds that
there are in any place documents evidencing conduct in
connection with a serious electricity works accident in
contravention of this Act or the regulations, an inspector may,
with the written authority of the Director-General, enter the
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Electricity (Consumer Safety) Bill 2004
Schedule 2 Amendment of Electricity Supply Act 1995 No 94
place, inspect any documents and make copies of them or take
extracts from them.
(3) An inspector may not exercise the inspector's functions under
this section in relation to a part of any premises being used for
residential purposes except:
(a) with the permission of the occupier of that part of the
premises, or
(b) under the authority conferred by a search warrant issued
under this Part.
63U Interference with site of serious electricity works accident
A person must not disturb or interfere with the site of a serious
electricity works accident before it has been inspected by an
inspector except:
(a) to make it safe, or
(b) with the permission of an inspector, or
(c) as provided by the regulations.
Maximum penalty: 500 penalty units (in the case of
corporations) and 250 penalty units (in any other case).
63V Publication of details of serious electricity works accidents
(1) The Director-General may publish such details of serious
electricity works accidents as the Director-General considers
necessary in the interests of public information and safety.
(2) The Minister, the Director-General, a member of staff of the
Director-General or an inspector is not liable to any claim or
action arising from any matter published under this section.
Division 5 Enforcement
63W Search warrants
(1) An inspector may apply to an authorised justice for a search
warrant in respect of any place if the inspector has reasonable
grounds for believing that:
(a) an unsafe electrical installation is in the place, or
(b) a serious electricity works accident has occurred in the
place, or
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(c) a provision of this Part or the regulations made for the
purposes of this Part has been or is being contravened
in the place.
(2) An authorised justice to whom an application is made under
this section may, if satisfied that there are reasonable grounds
for doing so, issue a search warrant authorising an inspector
named in the warrant:
(a) to enter the place, and
(b) to search the place for evidence of the occurrence of a
serious electricity works accident.
(3) Part 3 of the Search Warrants Act 1985 applies to a search
warrant issued under this section.
(4) In this section:
authorised justice has the same meaning as in the Search
Warrants Act 1985.
[5] Section 106 Regulations
Insert after section 106 (1):
(1A) Without limiting subsection (1), regulations may be made for
or with respect to any of the following matters:
(a) the installation, use, maintenance and removal of
corrosion protection systems and stray current sources,
including but not limited to the following matters:
(i) the examination or testing of such systems or
sources,
(ii) the approval or registration of such systems or
sources,
(iii) the stamping or labelling of such systems or
sources,
(iv) standards for such systems or sources,
(v) fees for the approval, registration, examination or
testing of such systems or sources,
(vi) the provision of documents, reports or other
information concerning such systems or sources,
(b) the keeping by network operators of books, accounts or
other records,
(c) interference by persons with electrical installations or
other electrical equipment,
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(d) standards for the voltages to be maintained at the
terminals of consumers of electricity,
(e) safety in connection with the generation, transmission
or distribution of electricity,
(f) the fees to be charged by network operators for the
inspection and testing of an electrical installation,
(g) the connection and disconnection of an electrical
installation to a supply of electricity,
(h) the carrying out of work to remove a danger or to
remedy a defect relating to the distribution or
transmission of electricity,
(i) standards for electrical installations and other
equipment used for or in connection with the generation
or supply of electricity and for materials used in the
manufacture of such equipment, and the adoption of
engineering standards for such installations, equipment
and materials.
[6] Section 106 (3A)(3C)
Insert after section 106 (3):
(3A) The regulations may apply, adopt or incorporate (with or
without modification) any publication as in force at a
particular time or from time to time.
(3B) A regulation made for the purposes of subsection (1A)
prevails over a regulation made under the Local Government
Act 1993, to the extent of any inconsistency.
(3C) A regulation made for the purposes of subsection (1A) binds
the Crown if expressed so to do.
[7] Schedule 5 Amendment of other Acts and instruments
Omit Schedule 5.1.
[8] Schedule 6 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Electricity (Consumer Safety) Act 2004, but only in relation to
the amendments made to this Act
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Amendment of Electricity Supply Act 1995 No 94 Schedule 2
[9] Schedule 6, Part 6
Insert after Part 5:
Part 6 Provisions consequent on enactment of
Electricity (Consumer Safety) Act 2004
42 Definitions
In this Part:
repeal date means the date on which the repealed Act is
repealed by the Electricity (Consumer Safety) Act 2004.
repealed Act means the Electricity Safety Act 1945 as in force
immediately before its repeal by the Electricity (Consumer
Safety) Act 2004.
43 Continuation of certain Regulations made under repealed Act
(1) The Electricity Safety (Corrosion Protection) Regulation
2003, as in force immediately before the repeal date,
continues in force and is taken to be a regulation made under
this Act.
(2) The Regulation continued in force by subclause (1) may be
amended and repealed in the same way as any other regulation
made under this Act.
44 Appointments of existing inspectors etc continue under new
provisions of this Act
(1) Any person authorised under section 25 (1) of the repealed
Act in respect of the examination of cathodic protection
systems or stray current sources (within the meaning of that
Act) whose authorisation was in force immediately before the
repeal date is taken to have been appointed as an inspector by
the Director-General under section 63M of this Act in respect
of the provisions of this Act and the regulations relating to
corrosion protection systems or stray current sources.
(2) Any person authorised under section 26 (2) of the repealed
Act whose authorisation was in force immediately before the
repeal date is taken to have been appointed as an inspector by
the Director-General under section 63M of this Act for the
purposes of section 63P of this Act.
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(3) Any person authorised under section 27F (1) of the repealed
Act to carry out inspections in respect of serious electrical
accidents that do not involve electrical installations or
electrical articles (within the meaning of that Act) whose
authorisation was in force immediately before the repeal date
is taken to have been appointed as an inspector by the
Director-General under section 63M of this Act in respect of
the provisions of this Act and the regulations relating to
serious electricity works accidents.
45 Delegations under section 28 of repealed Act
Any delegation under section 28 of the repealed Act in force
immediately before the repeal date in respect of any function
under a provision of that Act (other than a function
concerning electrical installations or electrical articles within
the meaning of that Act) is taken to be a delegation duly given
by the Minister under section 100 of this Act in respect of a
function of the Minister under a corresponding provision (if
any) of this Act.
46 Effect of this Part
Nothing in this Part prevents the amendment or revocation of
any delegation, authorisation or appointment.
[10] Dictionary
Insert in alphabetical order:
authorised electrician has the same meaning as it has in the
Electricity (Consumer Safety) Act 2004.
corrosion protection system means any appliances, wires,
fittings or other apparatus designed, intended or used for the
protection, by means of electrical currents, of metallic
structures in contact with land, including water, from external
corrosion and includes cathodic protection systems, drainage
bonds, boosted drainage bonds and cross bonds.
Director-General means the Director-General of the Ministry
of Energy and Utilities.
electrical wiring work has the same meaning as it has in the
Electricity (Consumer Safety) Act 2004.
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electricity delivery equipment means any machinery,
apparatus, appliances, material or other equipment used or
intended to be used by any network operator or retail supplier
for or in connection with the generation, transmission or
distribution of electricity.
health care professional means a person registered under a
health registration Act within the meaning of the Health Care
Complaints Act 1993.
inspector means any person appointed under section 63M by
the Director-General as an inspector for the purposes of the
provision in which the expression is used.
serious electricity works accident means an accident:
(a) in which electricity works are involved, and
(b) as a consequence of which a person dies or suffers
permanent disability, is hospitalised, receives treatment
from a health care professional or is unable to attend
work for any period of time.
stray current source means any appliance, equipment, fitting
or other apparatus:
(a) that operates on direct electrical current or is designed
or used to generate or transmit direct electrical current,
and
(b) that is attached, whether directly or indirectly, to a
metallic structure in contact with land, including water.
traffic route has the same meaning as it has in section 45E of
the Transport Administration Act 1988.
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Electricity (Consumer Safety) Bill 2004
Schedule 3 Amendment of Energy Administration Act 1987 No 103
Schedule 3 Amendment of Energy Administration
Act 1987 No 103
(Section 58)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
corrosion protection system has the same meaning as it has in
the Electricity Supply Act 1995.
electrical equipment means any appliance, wire, fitting,
cable, conduit, meter, insulator, apparatus or material that
uses, conveys or controls (or that is designed or intended to
use, convey or control) electricity.
electrical installation has the same meaning as it has in the
Electricity Supply Act 1995.
electricity supply authority has the same meaning as it has in
the Electricity (Consumer Safety) Act 2004.
[2] Section 12 Functions
Insert at the end of the section:
(2) Without limiting subsection (1), the Corporation may:
(a) promote and regulate the adoption of standards of plant,
equipment, frequency and voltage for the generation,
transmission, distribution and supply of electricity, and
(b) promote and encourage the safety of persons and
property in relation to electricity, and without limiting
the generality of that function, promote and encourage
the safety of persons and property in relation to:
(i) the installation, maintenance and use of electric
lines, works, electrical installations and corrosion
protection systems, and
(ii) the sale or hire of electrical equipment, and
(c) without limiting the generality of paragraph (b), issue
or publish public statements or warnings relating to:
(i) electrical equipment, electrical installations or
corrosion protection systems that, in the opinion
of the Corporation are, or are potentially, unsafe,
and
(ii) safety in relation to electricity generally, and
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(d) promote and encourage the development and use of the
natural resources of the State in connection with the
generation of electricity, and
(e) promote and encourage the use of electricity, especially
its use for industrial and manufacturing purposes and
for the purpose of primary production, and
(f) advise any person engaged in the generation,
transmission, distribution or supply of electricity on all
matters of and concerning such generation,
transmission, distribution and supply, and
(g) consider the advisability of amending the law relating
to the generation, transmission, distribution, supply and
use of electricity, and report on that to the Minister, and
(h) do such other acts as may be necessary or expedient for
those purposes.
(3) The Corporation may exercise, in its own name, any function
of an electricity supply authority under this or any other Act
as if it were such an authority, if the Corporation is of the
opinion that it is necessary to do so in order to protect the life
or health of any person.
(4) Except as provided by subsection (5), nothing in this Part
limits or otherwise affects the functions of TransGrid (or any
other energy transmission operator under the Energy Services
Corporations Act 1995).
(5) The Corporation may, in relation to TransGrid (or any other
energy transmission operator under the Energy Services
Corporations Act 1995), exercise the functions referred to in
subsection (2) (a) and (b).
[3] Section 38 Testing and labelling of appliances
Omit section 38 (1) (d) and (e). Insert instead:
(d) the registration of appliances that consume energy,
(e) prohibiting the fraudulent or improper use of marks,
labels or tags similar to those required by the
regulations or of marks, labels or tags so nearly
resembling those required by the regulations as to be
likely to deceive, and
(f) the fees payable in relation to the registration or the
labelling of appliances that consume energy.
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Schedule 3 Amendment of Energy Administration Act 1987 No 103
[4] Section 38 (3)(5)
Insert after section 38 (2):
(3) A regulation made for the purposes of this section prevails
over a regulation made under the Local Government Act 1993,
to the extent of any inconsistency.
(4) A regulation made for the purposes of this section binds the
Crown if expressed so to do.
(5) In this section, appliance includes electrical equipment.
[5] Section 46A
Insert after section 46:
46A Penalty notices
(1) An authorised officer may serve a penalty notice on a person
if it appears to the officer that the person has committed an
offence against this Act or the regulations, being an offence
prescribed by the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person
served does not wish to have the matter determined by a court,
the person can pay, within the time and to the person specified
in the notice, the amount of the penalty prescribed by the
regulations for the offence if dealt with under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is
paid under this section, no person is liable to any further
proceedings for the alleged offence.
(5) Payment under this section is not to be regarded as an
admission of liability for the purpose of, and does not in any
way affect or prejudice, any civil claim, action or proceeding
arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by
specifying the offence or by referring to the provision
creating the offence, and
(b) prescribe the amount of penalty payable for the offence
if dealt with under this section, and
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Amendment of Energy Administration Act 1987 No 103 Schedule 3
(c) prescribe different amounts of penalties for different
offences or classes of offences.
(7) The amount of a penalty prescribed under this section for an
offence is not to exceed the maximum amount of penalty that
could be imposed for the offence by a court.
(8) This section does not limit the operation of any other
provision of, or made under, this or any other Act relating to
proceedings that may be taken in respect of offences.
(9) In this section, authorised officer means a person authorised
in writing by the Corporation as an authorised officer for the
purposes of this section.
[6] Section 47 Proceedings for offences
Insert at the end of the section:
(2) Proceedings for an offence against this Act or the regulations
may be instituted at any time within 2 years after the
commission of the offence.
[7] Section 49
Insert after section 48:
49 Savings, transitional and other provisions
Schedule 2 has effect.
[8] Section 53 Regulations
Omit "10 penalty units" from section 53 (3).
Insert instead "20 penalty units".
[9] Section 53 (3A)
Insert after section 53 (3):
(3A) The regulations may apply, adopt or incorporate (with or
without modification) any publication as in force at a
particular time or from time to time.
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Schedule 3 Amendment of Energy Administration Act 1987 No 103
[10] Schedule 2
Insert after Schedule 1:
Schedule 2 Savings, transitional and other
provisions
(Section 49)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or
transitional nature consequent on the enactment of the
following Acts:
Electricity (Consumer Safety) Act 2004, but only in relation to
the amendments made to this Act
(2) Any such provision may, if the regulations so provide, take
effect from the date of assent to the Act concerned or a later
date.
(3) To the extent to which any such provision takes effect from a
date that is earlier than the date of its publication in the
Gazette, the provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other
than the State or an authority of the State), the rights of
that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State
or an authority of the State) in respect of anything done
or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of
Electricity (Consumer Safety) Act 2004
2 Definitions
In this Part:
repeal date means the date on which the repealed Act is
repealed by the Electricity (Consumer Safety) Act 2004.
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Electricity (Consumer Safety) Bill 2004
Amendment of Energy Administration Act 1987 No 103 Schedule 3
repealed Act means the Electricity Safety Act 1945 as in force
immediately before its repeal by the Electricity (Consumer
Safety) Act 2004.
3 Continuation of certain Regulations made under repealed Act
(1) The Electricity Safety (Equipment Efficiency) Regulation
1999, as in force immediately before the repeal date,
continues in force and is taken to be a regulation made under
this Act.
(2) The Regulation continued in force by subclause (1) may be
amended and repealed in the same way as any other regulation
made under this Act.
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Electricity (Consumer Safety) Bill 2004
Schedule 4 Consequential amendment of other Acts and Regulations
Schedule 4 Consequential amendment of other Acts
and Regulations
(Section 58)
4.1 Electricity (Consumer Safety) Act 2004
[1] Section 42 Search warrants
Omit "authorised justice" from section 42 (1) and (2) wherever occurring.
Insert instead "authorised warrants officer".
[2] Section 42 (3)
Omit "Part 3 of the Search Warrants Act 1985".
Insert instead "Division 4 of Part 5 of the Law Enforcement (Powers and
Responsibilities) Act 2002".
[3] Section 42 (4)
Omit the subsection. Insert instead:
(4) In this section:
authorised warrants officer means an authorised officer
within the meaning of the Law Enforcement (Powers and
Responsibilities) Act 2002.
4.2 Electricity Safety (Corrosion Protection) Regulation 2003
[1] Clause 3 Definitions
Omit "cathodic" from the definitions of approved system, foreign
structure, interference test and primary structure in clause 3 (1)
wherever occurring.
Insert instead "corrosion".
[2] Clause 3 (1)
Omit the definition of cathodic protection system.
Insert in alphabetical order:
corrosion protection system has the same meaning as in the
Act.
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Consequential amendment of other Acts and Regulations Schedule 4
[3] Clause 3 (1), definition of "galvanic anode system"
Omit "cathodic" where firstly occurring. Insert instead "corrosion".
[4] Clause 3 (1), definition of "the Act"
Omit "Electricity Safety Act 1945".
Insert instead "Electricity Supply Act 1995".
[5] Clause 3 (2)
Omit "cathodic" wherever occurring. Insert instead "corrosion".
[6] Clause 4 Application of Regulation
Omit "cathodic" wherever occurring. Insert instead "corrosion".
[7] Clause 5 Operation of corrosion protection systems requires
approval
Omit "cathodic" wherever occurring. Insert instead "corrosion".
[8] Clause 6 Approvals for corrosion protection systems
Omit "cathodic" wherever occurring (including the note to clause 6 (4)).
Insert instead "corrosion".
[9] Clause 8 Suspension and cancellation of approvals
Omit "cathodic" wherever occurring. Insert instead "corrosion".
[10] Clause 10 Examination and testing of corrosion protection
systems
Omit "cathodic" wherever occurring. Insert instead "corrosion".
[11] Clause 11 Fees
Omit "cathodic" wherever occurring. Insert instead "corrosion".
[12] Clause 14 Register
Omit "cathodic" from clause 14 (1) (a). Insert instead "corrosion".
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Electricity (Consumer Safety) Bill 2004
Schedule 4 Consequential amendment of other Acts and Regulations
4.3 Electricity Safety (Equipment Efficiency) Regulation 1999
[1] Clause 3 Definitions
Insert in alphabetical order in clause 3 (1):
electrical article has the same meaning as it has in the
Electricity (Consumer Safety) Act 2004.
[2] Clause 3 (1), definition of "the Act"
Omit "Electricity Safety Act 1945".
Insert instead "Energy Administration Act 1987".
4.4 Electricity Supply Act 1995 No 94
[1] Section 63W Search warrants
Omit "authorised justice" from section 63W (1) and (2) wherever
occurring.
Insert instead "authorised officer".
[2] Section 63W (3)
Omit "Part 3 of the Search Warrants Act 1985".
Insert instead "Division 4 of Part 5 of the Law Enforcement (Powers and
Responsibilities) Act 2002".
[3] Section 63W (4)
Omit the subsection. Insert instead:
(4) In this section:
authorised officer has the same meaning as in the Law
Enforcement (Powers and Responsibilities) Act 2002.
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Consequential amendment of other Acts and Regulations Schedule 4
4.5 Electricity Supply (General) Regulation 2001
[1] Clause 14 Limitation on right to have premises provided with
customer connection services
Omit "Electricity Safety Act 1945" from clause 14 (5).
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
[2] Clause 15 Limitation on right to have premises supplied with
electricity
Omit "Electricity Safety Act 1945" from clause 15 (5).
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
[3] Clause 64 Commencement of discontinuance procedures by
retailer of last resort
Omit "Electricity Safety Act 1945" from clause 64 (5).
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
[4] Clause 71 Conditions on exemptions for certain residential
premises relating to disconnection from distribution system
Omit "Electricity Safety Act 1945" from clause 71 (8).
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
[5] Clause 72 Conditions for exemptions relating to new occupants of
premises
Omit "Electricity Safety Act 1945" from clause 72 (7).
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
[6] Clause 86 Cancellation of accreditation
Omit "Electricity Safety Act 1945" from clause 86 (1) (b).
Insert instead "Electricity (Consumer Safety) Act 2004".
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Electricity (Consumer Safety) Bill 2004
Schedule 4 Consequential amendment of other Acts and Regulations
[7] Schedule 2 Customer supply contracts
Omit "Electricity Safety Act 1945" from clauses 8 (3) and 12 (8) wherever
occurring.
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
[8] Schedule 3 Customer connection contracts
Omit "Electricity Safety Act 1945" from clause 15 (7).
Insert instead "Electricity Supply (Safety and Network Management)
Regulation 2002 or Electricity (Consumer Safety) Act 2004".
4.6 Eraring Power Station Act 1981 No 107
[1] Section 13 Certain electricity legislation not to apply
Omit "Electricity Development Act 1945".
Insert instead "relevant electricity legislation".
[2] Section 13
Omit "transmission line (within the meaning of that Act)".
Insert "electricity transmission line".
[3] Section 13 (2)
Insert at the end of the section:
(2) In this section:
relevant electricity legislation means:
(a) the Electricity (Consumer Safety) Act 2004, and
(b) Parts 5C and 5D of the Electricity Supply Act 1995 and
any other provisions of that Act prescribed by the
regulations.
4.7 Fair Trading Act 1987 No 68
Schedule 1 Paramount legislation
Omit "Electricity Safety Act 1945".
Insert instead "Electricity (Consumer Safety) Act 2004".
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Electricity (Consumer Safety) Bill 2004
Consequential amendment of other Acts and Regulations Schedule 4
4.8 Fines Act 1996 No 99
Schedule 1 Statutory provisions under which penalty notices
issued
Insert in alphabetical order:
Electricity (Consumer Safety) Act 2004, section 47
Energy Administration Act 1987, section 46A
4.9 Home Building Act 1989 No 147
[1] Section 3 Definitions
Omit "Electricity Safety Act 1945" from the definition of electrical wiring
work in section 3 (1).
Insert instead "Electricity (Consumer Safety) Act 2004".
[2] Section 135 Proceedings for certain offences under other Acts
Insert after section 135 (a):
(a1) the Electricity (Consumer Safety) Act 2004, or
4.10 Home Building Regulation 1997
Clause 12 Exemptions relating to contracting and advertising
Omit the definition of electrical installation and electricity supply
authority from clause 12 (1).
Insert instead:
electrical installation has the same meaning as it has in the
Electricity (Consumer Safety) Act 2004.
electricity supply authority has the same meaning as it has in
the Electricity (Consumer Safety) Act 2004.
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Electricity (Consumer Safety) Bill 2004
Schedule 4 Consequential amendment of other Acts and Regulations
4.11 Law Enforcement (Powers and Responsibilities) Act 2002
No 103
[1] Schedule 2 Search warrants under other Acts
Omit "Electricity Safety Act 1945, sections 21I and 27I".
Insert instead:
Electricity (Consumer Safety) Act 2004, section 42
[2] Schedule 2
Omit "section 63" from the matter relating to the Electricity Supply Act
1995.
Insert instead "sections 63 and 63W".
4.12 Occupational Health and Safety Regulation 2001
Clause 33 Definitions (and application of certain provisions)
Omit the definitions of electrical article, electrical installation and
electricity supply authority from clause 33 (1).
Insert instead:
electrical article has the same meaning as it has in the
Electricity (Consumer Safety) Act 2004.
electrical installation has the same meaning as it has in the
Electricity (Consumer Safety) Act 2004.
electricity supply authority has the same meaning as it has in
the Electricity (Consumer Safety) Act 2004.
4.13 Search Warrants Act 1985 No 37
[1] Section 10 Definitions
Omit the matter relating to the Electricity Act 1945 from the definition of
search warrant.
Insert instead:
section 42 of the Electricity (Consumer Safety) Act 2004,
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Electricity (Consumer Safety) Bill 2004
Consequential amendment of other Acts and Regulations Schedule 4
[2] Section 10, definition of "search warrant"
Insert "or 63W" after "section 63" in the matter relating to the Electricity
Supply Act 1995.
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