New South Wales Consolidated Acts New South Wales Consolidated Acts(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 .
"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.
"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 the 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(f) display for sale or hire."serious electrical accident" means an accident:(a) in which an electrical article or electrical installation is involved that is or was used for (or for purposes incidental to) the conveyance, control and use of electricity and electricity was, at the time of the accident, being so conveyed, controlled and used, 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.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:(a) 1946 No 13: Electricity Safety Act 1945 (1946 No 13) as in force immediately before the enactment of this Act.(b) 1987 No 68: Fair Trading Act 1987 No 68 as in force immediately before the enactment of this Act.