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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
ELECTRICAL SAFETY
BILL 2002
Queensland
ELECTRICAL SAFETY BILL 2002
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
Division 1--Introduction
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
3 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Division 2--Purpose of Act
4 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
5 How purpose of Act is to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Division 3--Application of Act
6 Application of Act to mines and petroleum plant . . . . . . . . . . . . . . . . . . . . . 16
7 Application of Act to railways. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Division 4--Interpretation
8 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
9 Notes in text. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
10 Meanings of "electrical risk", "electrically safe" and "electrical safety" . . . 17
11 Meaning of "serious electrical incident" . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
12 Meaning of "dangerous electrical event" . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
13 Meaning of "appliance". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
14 Meaning of "electrical equipment" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
15 Meaning of "electrical installation" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
16 Meaning of "electric line" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
17 Meaning of "associated equipment" for electric line . . . . . . . . . . . . . . . . . . 22
18 Meaning of "electrical work" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
19 Types of electrical work for this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
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20 Meanings of "electrical work licence" and "electrical contractor licence". . 25
21 Meaning of "employer". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
22 Meaning of "worker". . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
23 Meaning of "self-employed person" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
24 Meaning of "person in control" of electrical equipment. . . . . . . . . . . . . . . . 26
25 Meaning of "works" of an electricity entity . . . . . . . . . . . . . . . . . . . . . . . . . 27
PART 2--ELECTRICAL SAFETY OBLIGATIONS
Division 1--Preliminary
26 Obligations for electrical safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
27 Obligation offence provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
28 Person may owe obligations in more than 1 capacity . . . . . . . . . . . . . . . . . . 29
Division 2--Electrical safety obligations
29 Obligation of electricity entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
30 Obligation of employer or self-employed person . . . . . . . . . . . . . . . . . . . . . 29
31 Obligation of designer of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . 30
32 Obligation of manufacturer of electrical equipment . . . . . . . . . . . . . . . . . . . 30
33 Obligation of importer of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . 30
34 Obligation of supplier of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . 31
35 Additional obligation of designer, manufacturer, importer or supplier of
electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
36 Obligation of installer of electrical equipment or electrical installation . . . . 31
37 Obligation of repairer of electrical equipment or electrical installation . . . . 31
38 Obligation of person in control of electrical equipment . . . . . . . . . . . . . . . . 32
39 Obligations of worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
40 Obligations of other person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
Division 3--Regulations, ministerial notices and codes of practice
relating to electrical safety obligations
41 Effect of regulation for discharge of electrical safety obligation . . . . . . . . . 33
42 Ministerial notice about discharging electrical safety obligation . . . . . . . . . 33
43 Effect of ministerial notice for discharge of electrical safety obligation . . . 34
44 Code of practice about discharging electrical safety obligation . . . . . . . . . . 34
45 Effect of code of practice for discharge of electrical safety obligation. . . . . 35
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Division 4--Defences
46 Defence in proceeding for offence against obligation offence provision . . . 35
47 Further defence if no regulation, ministerial notice or code of practice . . . . 35
Division 5--Effect of Act on civil liability
48 No civil cause of action based on contravention of Act . . . . . . . . . . . . . . . . 36
PART 3--ENFORCEABLE UNDERTAKINGS
49 Meaning of "electrical safety undertaking". . . . . . . . . . . . . . . . . . . . . . . . . . 36
50 Acceptance and publication of electrical safety undertaking . . . . . . . . . . . . 36
51 Proceeding for alleged contravention . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
52 Compliance with undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
53 Withdrawal or variation of undertaking . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
54 Contravention of electrical safety undertaking . . . . . . . . . . . . . . . . . . . . . . . 37
PART 4--LICENCES
Division 1--Requirements for electrical licences
55 Requirement for electrical work licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
56 Requirement for electrical contractor licence . . . . . . . . . . . . . . . . . . . . . . . . 39
57 Compliance with conditions and restrictions . . . . . . . . . . . . . . . . . . . . . . . . 40
Division 2--Electrical licence applications
58 Definition for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
59 Application for issue of electrical licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
60 Application for renewal of electrical licence. . . . . . . . . . . . . . . . . . . . . . . . . 41
61 Application for reinstatement of electrical licence . . . . . . . . . . . . . . . . . . . . 42
62 Further information or documents to support electrical licence application. 43
63 Electrical licence conditions and restrictions . . . . . . . . . . . . . . . . . . . . . . . . 43
64 Chief executive to give reasons for refusal of application or for conditions . 44
Division 3--External licences
65 External licence recognition provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
PART 5--SAFETY MANAGEMENT SYSTEMS FOR
ELECTRICITY ENTITIES
66 Definitions for pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
67 Obligation of prescribed electricity entity. . . . . . . . . . . . . . . . . . . . . . . . . . . 46
PART 6--COMMISSIONER FOR ELECTRICAL SAFETY
68 Appointment of commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
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69 Qualifications for appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
70 Employment provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
71 End of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
72 Acting commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
73 Commissioner's functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
74 Commissioner's powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
PART 7--ELECTRICAL SAFETY BOARD
Division 1--The board and its functions
75 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
76 Functions of board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 2--Board membership
77 Composition of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
78 Conditions of appointment to board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
79 When appointed member's office becomes vacant . . . . . . . . . . . . . . . . . . . . 50
80 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Division 3--Conduct of board proceedings
81 Times of board meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
82 Conduct of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
83 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
84 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
Division 4--General
85 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
PART 8--BOARD COMMITTEES
Division 1--Introduction
86 Establishment of board committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Division 2--Electrical Licensing Committee
87 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
88 Functions of licensing committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
89 Composition of licensing committee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
Division 3--Electrical Safety Education Committee
90 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
91 Function of safety education committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
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92 Composition of safety education committee . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 4--Electrical Equipment Committee
93 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
94 Functions of equipment committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
95 Composition of equipment committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 5--Advisory committees
96 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
97 Function of advisory committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
98 Composition of advisory committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
Division 6--Board committee membership
99 Conditions of appointment to board committee . . . . . . . . . . . . . . . . . . . . . . 59
100 When appointed member's office becomes vacant . . . . . . . . . . . . . . . . . . . . 59
101 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Division 7--Conduct of board committee proceedings
102 Times of board committee meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
103 Conduct of proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
104 Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
105 Minutes and reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
PART 9--DISCIPLINARY ACTION
Division 1--Grounds for disciplinary action
106 Licensed electrical worker. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
107 Licensed electrical contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Division 2--Types of disciplinary action
108 Purpose of div 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65
109 Electrical licence issued by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . 65
110 External licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
111 Penalties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
112 Electrical contractor licence issued by chief executive but no longer in force 66
Division 3--Procedures for taking disciplinary action
113 Application of div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
114 Preliminary notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
115 Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
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116 Disciplinary hearing notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
117 Disciplinary hearing a meeting of the licensing committee . . . . . . . . . . . . . 69
118 Disciplinary hearing requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
119 Evidence and findings in other proceedings may be received or adopted. . . 71
120 Licensing committee to keep record of disciplinary hearing . . . . . . . . . . . . 71
121 Decision about taking disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
PART 10--INSPECTORS AND ACCREDITED AUDITORS
Division 1--Inspectors
122 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72
123 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 72
124 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
125 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
126 When inspector ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
127 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
128 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
Division 2--Accredited auditors
129 Appointment and qualifications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
130 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . . . . . . . . . 75
131 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
132 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
133 When accredited auditor ceases to hold office . . . . . . . . . . . . . . . . . . . . . . . 76
134 Revocation of accredited auditor's appointment . . . . . . . . . . . . . . . . . . . . . . 76
135 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
136 Return of identity card. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
PART 11--ENFORCEMENT
Division 1--Entry of places
137 Power to enter place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
Division 2--Procedure for entry
138 Entry with consent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
139 Procedure for entries in urgent circumstances. . . . . . . . . . . . . . . . . . . . . . . . 79
140 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
141 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
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142 Special warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
143 Warrant--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 3--General powers of inspectors
144 General powers after entering place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
145 Power to seize evidence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
146 Inspector's power to seize unsafe electrical equipment . . . . . . . . . . . . . . . . 84
147 Powers supporting seizure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 84
148 Inspector may require thing's return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
149 Receipt for seized thing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
150 Forfeiture of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86
151 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
152 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
Division 4--Improvement notices, electrical safety protection notices
and unsafe equipment notices
153 Improvement notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
154 Electrical safety protection notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
155 Unsafe equipment notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
156 Order to secure compliance with notices . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
Division 5--Other investigative powers
157 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
158 Power to require production of certain documents . . . . . . . . . . . . . . . . . . . . 92
Division 6--Other enforcement matters
159 Analysis of sample . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
160 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
161 Forfeiture on conviction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
162 Dealing with forfeited thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
163 Inspector to give notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94
164 Provision of information by retail entity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
Division 7--Emergency appointments
165 Appointment of temporary inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
166 Exercise of powers by temporary inspector . . . . . . . . . . . . . . . . . . . . . . . . . 96
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PART 12--REVIEWS AND APPEALS
Division 1--Interpretation
167 Definitions for pt 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
Division 2--Review of decisions
168 Application for review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
169 Procedure for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
170 Review of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
171 Stay of operation of original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 3--Appeals
172 Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
173 How to start appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
174 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
175 Hearing procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
176 Assessors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
177 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
PART 13--PROCEEDINGS AND OFFENCES
Division 1--Evidence
178 Application of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
179 Proof of appointment and authority unnecessary . . . . . . . . . . . . . . . . . . . . . 102
180 Proof of signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102
181 Evidentiary aids. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
182 Expert report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
183 Analyst's certificate or report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
184 Certificate about action on electrical licence. . . . . . . . . . . . . . . . . . . . . . . . . 105
185 Use of code of practice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Division 2--Other matters about proceedings
186 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
187 Limitation on time for starting proceedings . . . . . . . . . . . . . . . . . . . . . . . . . 106
188 Responsibility for act or omission of representative . . . . . . . . . . . . . . . . . . . 106
189 Costs of investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
190 Recovery of fee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
191 Charge for offence against obligation offence provision . . . . . . . . . . . . . . . 108
9
Electrical Safety Bill 2002
192 Disciplinary action and offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Division 3--General offence provisions
193 Definition for div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
194 False or misleading statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
195 False or misleading document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
196 Obstructing inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
197 Person not to encourage refusal to answer question . . . . . . . . . . . . . . . . . . . 110
198 Impersonating inspector or accredited auditor . . . . . . . . . . . . . . . . . . . . . . . 110
199 Executive officer offence provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
PART 14--MISCELLANEOUS PROVISIONS
Division 1--Electrical safety contributions
200 Purpose of div 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
201 Electrical safety contribution to be paid . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
202 Electrical safety contribution notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
203 Working out electrical safety contribution amounts . . . . . . . . . . . . . . . . . . . 112
204 Consultation with distribution entities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2--General
205 Protecting officials from liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
206 Electrical safety notification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
207 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
208 Forms. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
209 Charges for services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
210 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
PART 15--TRANSITIONAL PROVISIONS
Division 1--Interpretation
211 Definitions for pt 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 2--Transitional references
212 References to Electricity Act and Electricity Regulation . . . . . . . . . . . . . . . 118
213 References to EWC Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
Division 3--Councils, EWC Board and licence matters
214 Electricity Health and Safety Council and Queensland Electrical Education
Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
215 Electrical Approval and Energy Labelling Advisory Committee . . . . . . . . . 119
10
Electrical Safety Bill 2002
216 Abolition of EWC Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
217 Assets and liabilities of EWC Board. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
218 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
219 Existing contracts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
220 Disciplinary action not started. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
221 Disciplinary action started but not finished . . . . . . . . . . . . . . . . . . . . . . . . . . 121
222 Disciplinary action taken before commencement . . . . . . . . . . . . . . . . . . . . . 121
223 Licensing committee may require person to correct defective work. . . . . . . 121
224 Annual report. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
225 Existing licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
226 Existing application for previous licence . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
227 Existing application for renewal of previous licence . . . . . . . . . . . . . . . . . . 122
228 Partial postponement of requirement for electrical contractor licence . . . . . 123
Division 4--Other transition from Electricity Act
229 Action under this Act not prevented . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
230 Review and appeal of decision made before commencement. . . . . . . . . . . . 123
231 Inspector has powers of authorised person for Electricity Act provisions of
continuing application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
232 Action before commencement to disconnect electrical installation or works 124
233 Action before commencement to make cathodic protection
system inoperable ......................................... 125
234 Direction before commencement not to sell or hire unsafe
electrical articles ........................................ 125
235 Requirement before commencement to produce document . . . . . . . . . . . . . 125
236 Notice by occupier of electrical incident happening before commencement 126
237 Notice by licensed electrical contractor of electrical accident happening
before commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
238 Notice by electricity entity of accident . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
239 Accident reported to electricity entity before commencement . . . . . . . . . . . 127
240 Making unsafe things safe. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
241 Evidentiary certificate of member or officer of EWC Board . . . . . . . . . . . . 127
PART 16--AMENDMENTS OF OTHER ACTS
242 Amendments in sch 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 128
11
Electrical Safety Bill 2002
AMENDMENTS
DOMESTIC BUILDING CONTRACTS ACT 2000 . . . . . . . . . . . . . . . . . . 128
ELECTRICITY ACT 1994 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
WATER ACT 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
WORKPLACE HEALTH AND SAFETY ACT 1995 . . . . . . . . . . . . . . . . . 142
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 143
DICTIONARY
2002
A BILL
FOR
An Act about electrical safety, and for other purposes
s1 14 s4
Electrical Safety Bill 2002
The Parliament of Queensland enacts-- 1
PART 1--PRELIMINARY 2
Division 1--Introduction 3
1 Short title 4
This Act may be cited as the Electrical Safety Act 2002. 5
2 Commencement 6
This Act commences on a day to be fixed by proclamation. 7
3 Act binds all persons 8
(1) This Act binds all persons, including the State, and, so far as the 9
legislative power of the Parliament permits, the Commonwealth and the 10
other States. 11
(2) However, the State is not liable to be prosecuted for an offence 12
against this Act. 13
Division 2--Purpose of Act 14
4 Purpose 15
(1) This Act is directed at eliminating the human cost to individuals, 16
families and the community of death, injury and destruction that can be 17
caused by electricity. 18
(2) Accordingly, the purpose of this Act is to establish a legislative 19
framework for-- 20
(a) preventing persons from being killed or injured by electricity; 21
and 22
s5 15 s5
Electrical Safety Bill 2002
(b) preventing property from being destroyed or damaged by 1
electricity. 2
5 How purpose of Act is to be achieved 3
The purpose of this Act is to be achieved in the following ways-- 4
(a) imposing obligations on persons who may affect the electrical 5
safety of others by their acts or omissions; 6
(b) establishing benchmarks for industry and the community 7
generally through-- 8
(i) making regulations, ministerial notices and codes of 9
practice about achieving electrical safety; and 10
(ii) introducing safety management systems for particular 11
electricity entities; 12
(c) providing for the safety of all persons through licensing and 13
discipline of persons who perform electrical work; 14
(d) providing for protection for consumers against failures of 15
persons who perform electrical work to properly perform and 16
complete the work; 17
(e) providing for the appointment of a Commissioner of Electrical 18
Safety to advise the Minister on electrical safety matters and to 19
manage the activities of the Electrical Safety Board and its 20
committees; 21
(f) establishing the Electrical Safety Board and its committees to-- 22
(i) allow industry and the community to participate in 23
developing strategies for improving electrical safety; and 24
(ii) participate in developing requirements for the licensing and 25
discipline of persons who perform electrical work; and 26
(iii) promote community awareness about electrical safety; and 27
(iv) participate in developing requirements for the electrical 28
safety of electrical equipment. 29
s6 16 s6
Electrical Safety Bill 2002
Division 3--Application of Act 1
6 Application of Act to mines and petroleum plant 2
(1) An excluded provision does not have application at a mine or 3
petroleum plant. 4
(2) Also, a regulation under this Act has application at a mine or 5
petroleum plant-- 6
(a) only to the extent it is made other than for the purposes of an 7
excluded provision; and 8
(b) only to the extent the regulation provides. 9
(3) In this section-- 10
"excluded provision" means-- 11
(a) part 2; or1
12
(b) part 3;2 or 13
(c) part 4,3 to the extent it relates to electrical contractor licences. 14
"mine" means-- 15
(a) a coal mine under the Coal Mining Safety and Health Act 1999; 16
or 17
(b) a mine under the Mining and Quarrying Safety and Health Act 18
1999. 19
"petroleum plant" means private plant or an electrical installation subject 20
to inspection under the Petroleum Act 1923. 21
"private plant" means equipment used for generating electricity, other 22
than equipment used by an electricity entity under an authority or 23
special approval under the Electricity Act. 24
1 Part 2 (Electrical safety obligations)
2 Part 3 (Enforceable undertakings)
3 Part 4 (Licences)
s7 17 s 10
Electrical Safety Bill 2002
7 Application of Act to railways 1
Provisions of this Act, other than part 2, relating to the design of 2
electrical equipment do not apply in relation to electrical equipment 3
forming part of an electrical installation or electricity entity works-- 4
(a) providing, or intended to provide, electrical traction on a railway; 5
or 6
(b) used for signalling purposes on a railway. 7
Division 4--Interpretation 8
8 Definitions 9
The dictionary in schedule 2 defines particular words used in this Act. 10
9 Notes in text 11
A note in the text of this Act is part of the Act. 12
10 Meanings of "electrical risk", "electrically safe" and "electrical 13
safety" 14
(1) "Electrical risk" means-- 15
(a) in relation to a person, the risk to the person of death, shock or 16
injury caused directly by electricity or originating from 17
electricity; or 18
(b) in relation to property, the risk to the property of-- 19
(i) damage caused by a cathodic protection system; or 20
(ii) loss or damage caused directly by electricity or originating 21
from electricity. 22
(2) "Electrically safe" means-- 23
(a) for a person or property, that the person or property is free from 24
electrical risk; and 25
(b) for electrical equipment or an electrical installation, that all 26
persons and property are free from electrical risk from the 27
equipment or installation; and 28
s 11 18 s 12
Electrical Safety Bill 2002
(c) for the way electrical equipment, an electrical installation or the 1
works of an electricity entity are operated or used, that all 2
persons and property are free from electrical risk from the 3
operation or use of the equipment, installation or works; and 4
(d) for the way electrical work is performed, that all persons are free 5
from electrical risk from the performance of the work; and 6
(e) for the way a business or undertaking is conducted, that all 7
persons are free from electrical risk from the conduct of the 8
business or undertaking; and 9
(f) for the way electrical equipment or an electrical installation is 10
installed or repaired, that all persons are free from electrical risk 11
from the installing or repairing of the equipment or installation. 12
(3) "Electrical safety", for a person or property, means the person or 13
property is electrically safe. 14
(4) In this section-- 15
"free from electrical risk", for a person or property, means that the 16
electrical risk to the person or property is as low as reasonably 17
achievable, having regard to-- 18
(a) likelihood of harm; and 19
(b) likely severity of harm. 20
11 Meaning of "serious electrical incident" 21
A "serious electrical incident" is an incident involving electrical 22
equipment if, in the incident-- 23
(a) a person is killed by electricity; or 24
(b) a person receives a shock or injury from electricity, and is treated 25
for the shock or injury by or under the supervision of a doctor; or 26
(c) a person receives a shock or injury from electricity at high 27
voltage, whether or not the person is treated for the shock or 28
injury by or under the supervision of a doctor. 29
12 Meaning of "dangerous electrical event" 30
A "dangerous electrical event" is any of the following-- 31
s 13 19 s 13
Electrical Safety Bill 2002
(a) the coming into existence of circumstances in which a person is 1
not electrically safe, if-- 2
(i) the circumstances involve high voltage electrical 3
equipment; and 4
(ii) despite the coming into existence of the circumstances, the 5
person does not receive a shock or injury; 6
(b) the coming into existence of the following circumstances-- 7
(i) if a person had been at a particular place at a particular time, 8
the person would not have been electrically safe; 9
(ii) the person would not have been electrically safe because of 10
circumstances involving high voltage electrical equipment; 11
(c) an event that involves electrical equipment and in which 12
significant property damage is caused directly by electricity or 13
originates from electricity; 14
(d) the performance of electrical work by a person not authorised 15
under an electrical work licence to perform the work; 16
(e) the performance of electrical work by a person if, as a result of 17
the performance of the work, a person or property is not 18
electrically safe; 19
20
Examples for paragraph (e)--
21
· The connection of electrical equipment to a source of supply involving
22
incorrect polarity or other incorrect connection.
23
· The performance of electrical work as a result of which an exposed
24
wire is left in circumstances in which it can be energised by the
25
operation of a switch or circuit breaker or the insertion of a fuse.
(f) the discovery by a licensed electrical worker of electrical 26
equipment that has not been marked as required under this Act. 27
13 Meaning of "appliance" 28
(1) An "appliance" is a device that consumes electricity at a voltage 29
greater than extra low voltage and in which the electricity is converted into 30
heat, motion or another form of energy or is substantially changed in its 31
electrical character. 32
(2) Although a light fitting, including its bulb or tube, is an appliance, the 33
bulb or tube, taken alone, is not an appliance. 34
s 14 20 s 15
Electrical Safety Bill 2002
14 Meaning of "electrical equipment" 1
(1) "Electrical equipment" is any apparatus, appliance, cable, 2
conductor, fitting, insulator, material, meter or wire-- 3
(a) used for controlling, generating, supplying, transforming or 4
transmitting electricity at a voltage greater than extra low 5
voltage; or 6
(b) operated by electricity at a voltage greater than extra low voltage; 7
or 8
(c) that is, or that forms part of, a cathodic protection system. 9
(2) However, "electrical equipment" does not include any apparatus, 10
appliance, cable, conductor, fitting, insulator, material, meter or wire 11
forming part of a vehicle if-- 12
(a) it forms part of a unit of the vehicle that provides propulsion for 13
the vehicle; or 14
(b) its source of electricity is a unit of the vehicle that provides 15
propulsion for the vehicle. 16
17
Examples of things that, under subsection (2), are not electrical equipment--
18
· The headlights of a vehicle.
19
· Ignition spark plugs of a motor vehicle.
20
· The interior lighting system of a vehicle, if powered from a battery charged by the
21
engine that drives the vehicle or by the vehicle's movement.
22
Examples of things that are not prevented by subsection (2) from being electrical
23
equipment--
24
· Interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated
25
by a low voltage generating set or connected to low voltage supply.
26
· A refrigeration unit in a food delivery vehicle operating at low voltage from a
27
source separate from the propulsion unit for the vehicle.
15 Meaning of "electrical installation" 28
(1) An "electrical installation" is a group of items of electrical 29
equipment. 30
(2) However, a group of items of electrical equipment is an electrical 31
installation only if-- 32
(a) all the items are permanently electrically connected together; and 33
s 16 21 s 16
Electrical Safety Bill 2002
(b) the items do not include items that are works of an electricity 1
entity; and 2
(c) electricity can be supplied to the group from the works of an 3
electricity entity or from a generating source. 4
(3) An item of electrical equipment can be part of more than 1 electrical 5
installation. 6
(4) For subsection (2)(a)-- 7
(a) an item of electrical equipment connected to electricity by a plug 8
and socket outlet is not permanently electrically connected; and 9
(b) connection achieved through using works of an electricity entity 10
must not be taken into consideration for deciding whether items 11
of electrical equipment are electrically connected. 12
13
Examples of an electrical installation--
14
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
15
permanently connected for a shop in a shopping centre.
16
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
17
permanently connected for a house or residential unit.
18
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
19
permanently connected for a shopping centre. The electrical installation for the
20
shopping centre generally includes the electrical installations for the individual
21
shops.
22
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
23
permanently connected for a residential unit complex. The electrical installation
24
for the residential unit complex generally includes the electrical installations for
25
the individual residential units.
26
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
27
permanently connected within a caravan.
16 Meaning of "electric line" 28
(1) An "electric line" is a wire or conductor or associated equipment 29
used for transmitting, transforming, or supplying electricity at a voltage 30
greater than extra low voltage. 31
(2) However, an "electric line" does not include-- 32
(a) a wire or conductor directly used in converting electricity into 33
another form of energy; or 34
(b) a wire or conductor within the internal structure of a building. 35
s 17 22 s 18
Electrical Safety Bill 2002
1
Examples of things that are not electric lines--
2
· A cord for connecting an air conditioning unit, computer, lamp, television or
3
toaster to a supply of electricity.
4
· A power or lighting circuit within a building.
17 Meaning of "associated equipment" for electric line 5
"Associated equipment", for an electric line, means something 6
ordinarily found in association with the electric line, especially for the 7
purpose of protecting, insulating or supporting, or supporting the operation 8
of, the electric line. 9
10
Examples of associated equipment--
11
· A bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower
12
or tube enclosing, surrounding or supporting a wire or conductor.
13
· An air break, circuit breaker, switch, transformer or other apparatus connected to a
14
wire or conductor.
18 Meaning of "electrical work" 15
(1) "Electrical work" is the manufacturing, constructing, installing, 16
testing, maintaining, repairing, altering, removing, or replacing of 17
electrical equipment. 18
19
Examples of electrical work--
20
· Installing low voltage electrical wiring in a building.
21
· Installing electrical equipment into an installation coupler or interconnecter.
22
· Replacing a low voltage electrical component of a washing machine.
23
· Maintaining an electricity entity's overhead distribution system.
(2) However, the following are not "electrical work"-- 24
(a) installing or removing electrical equipment by connecting it to 25
electricity, or disconnecting it from electricity, by a plug and 26
socket outlet; 27
(b) repairing or replacing non-electrical components of electrical 28
equipment; 29
30
Examples for paragraph (b)--
31
· Repairing hydraulic components attached to an electric motor.
32
· Replacing a drive belt on a washing machine.
s 18 23 s 18
Electrical Safety Bill 2002
(c) replacing a component forming part of electrical equipment if the 1
electrical equipment has been designed so that the component is 2
readily and safely able to be replaced by a person without 3
electrical knowledge or skill; 4
5
Examples for paragraph (c)--
6
· Replacing a fuse.
7
· Replacing the bulb in a light fitting.
(d) assembling, making, modifying or repairing electrical equipment 8
in a workplace registered under the Workplace Health and Safety 9
Act 1995, if that is the principal manufacturing process at the 10
workplace, and arrangements are in place, and are detailed in 11
written form, for ensuring that-- 12
(i) the work is done safely and competently; and 13
(ii) the equipment is tested to ensure compliance with relevant 14
standards; 15
(e) building, under the supervision of an electricity entity, an 16
overhead electric line on structures that do not already carry an 17
energised overhead electric line; 18
(f) building or repairing ducts, conduits or troughs ("channels") 19
where electrical wiring will be or is installed, if-- 20
(i) the channels are not intended to be earthed; and 21
(ii) wiring installed in the channels is not energised; and 22
(iii) the work is done under the supervision of a person licensed 23
to perform electrical installation work; 24
(g) laying, cutting or sealing underground cables that are part of the 25
works of an electricity entity before the initial connection of the 26
cables to an electricity source; 27
(h) recovering underground cables that are part of the works of an 28
electricity entity after disconnection from an electricity source; 29
(i) altering, repairing, maintaining or recovering an overhead 30
electric line that is part of the works of an electricity entity, if the 31
work is performed under the entity's supervision and-- 32
(i) if the line is not on supports supporting another electric 33
line--the line has been isolated from an electricity source so 34
that the closure of a switch cannot energise the section of 35
the line where work is being done; or 36
s 19 24 s 19
Electrical Safety Bill 2002
(ii) if the line is on supports supporting another electric 1
line--both lines have been isolated from an electricity 2
source so that the closure of a switch cannot energise the 3
section of the line where the work is being done or an 4
adjacent section of the other line; 5
(j) work performed by a person on electrical equipment if-- 6
(i) the electrical equipment is not energised; and 7
(ii) the work is prescribed under a regulation for this paragraph; 8
and 9
(iii) it is necessary for the person to perform the work to meet 10
the eligibility requirements for an electrical work licence. 11
19 Types of electrical work for this Act 12
(1) "Electrical installation work" is electrical work associated with an 13
electrical installation, but does not include the following electrical work-- 14
(a) testing, repairing or maintaining electrical equipment included in 15
the electrical installation; or 16
(b) electric line work associated with the electrical installation. 17
18
Examples of electrical installation work--
19
· Installing or altering wiring or fixed appliances in a building.
20
· Installing or altering a switchboard.
(2) "Electric line work" is electrical work associated with an electric 21
line. 22
23
Examples of electric line work--
24
· Erecting an aerial conductor that is part of the works of an electricity entity or of
25
an electrical installation.
26
· Installing or maintaining street lighting circuits.
27
· Testing an overhead electrical line to ensure it is correctly connected.
(3) "Electrical equipment work" is electrical work other than electrical 28
installation work or electric line work. 29
30
Examples of electrical equipment work--
31
· Repairing substation electrical equipment.
32
· Repairing an electric range, whether or not it is part of an electrical installation.
33
· Installing, jointing or terminating covered cables.
s 20 25 s 22
Electrical Safety Bill 2002
20 Meanings of "electrical work licence" and "electrical contractor 1
licence" 2
(1) An "electrical work licence" is a licence authorising an individual to 3
perform electrical work. 4
(2) An "electrical contractor licence" is a licence authorising a person 5
to perform electrical work as part of a business or undertaking. 6
21 Meaning of "employer" 7
(1) A person is an "employer" if-- 8
(a) the person conducts a business or undertaking; and 9
(b) in the conduct of the business or undertaking, the person engages 10
someone else to do work, other than under a contract for service, 11
for or at the direction of the person. 12
(2) For this section, a person engages someone else to do work even 13
though the person engaged works on a voluntary basis. 14
(3) For an apprentice or trainee who is employed by a group training 15
organisation, the apprentice's or trainee's employer is-- 16
(a) when the apprentice or trainee is engaged to do work for a host 17
employer--the host employer; or 18
(b) otherwise--the group training organisation. 19
(4) In this section-- 20
"group training organisation" means a group training organisation under 21
the Training and Employment Act. 22
"host employer" means a person who contracts with a group training 23
organisation for the training of apprentices and trainees. 24
22 Meaning of "worker" 25
(1) A person is a "worker" if the person does work, other than under a 26
contract for service, for or at the direction of an employer. 27
28
Example for subsection (1)--
29
A subcontractor works under a contract for service and is not a worker for this Act.
(2) A person may be a "worker" even though the person is not paid for 30
work done by the person. 31
s 23 26 s 24
Electrical Safety Bill 2002
(3) However, a person is not a "worker" only because the person does 1
work for an organisation of which the person is a member. 2
23 Meaning of "self-employed person" 3
A person is a "self-employed person" if-- 4
(a) the person conducts a business or undertaking; and 5
(b) in the conduct of the business or undertaking, the person is not an 6
employer or worker. 7
24 Meaning of "person in control" of electrical equipment 8
(1) A "person in control", of electrical equipment, is the person who 9
controls the electrical equipment. 10
(2) A person who is the occupier of a place where electrical equipment is 11
located would ordinarily be the "person in control" of the equipment. 12
13
Examples--
14
· A manufacturer that owns a factory building used for the manufacturer's business
15
would ordinarily be the person in control of all electrical equipment at the
16
building.
17
· The body corporate for a community titles scheme would ordinarily be the person
18
in control of electrical equipment located on common property for the scheme.
19
· A person who occupies a lot in a community titles scheme, would ordinarily be the
20
person in control of electrical equipment located within the lot.
(3) If there is in place a contract or other arrangement to the effect that a 21
person other than the occupier of a place where electrical equipment is 22
located is to control the electrical equipment, the other person is the 23
"person in control" of the equipment. 24
25
Examples--
26
· If a manufacturer occupies a factory building under a lease, and the lease provides
27
that the lessor keeps responsibility for the maintenance and repair of particular
28
electrical equipment at the building, the lessor is the person in control of the
29
particular electrical equipment.
30
· If the body corporate for a community titles scheme enters into a contract under
31
which a licensed electrical contractor assumes responsibility for the repair and
32
maintenance of electrical equipment located on common property for the scheme,
33
the electrical contractor is the person in control of the electrical equipment.
34
· If the lessee under a retail shop lease occupies retail premises in a shopping centre
35
under a lease, and the lease provides that the shopping centre management keeps
s 25 27 s 25
Electrical Safety Bill 2002
1
responsibility for particular electrical equipment in the retail premises, the
2
shopping centre management is the person in control of the particular electrical
3
equipment.
4
· If the lessee under a retail shop lease occupies retail premises in a shopping centre
5
under a lease, and the lease provides that the lessee may interfere with particular
6
electrical equipment at the retail premises only with the consent of the shopping
7
centre management, both the lessee and the shopping centre management are
8
persons in control of the electrical equipment.
(4) Despite subsections (1) to (3), if premises are occupied as a residence 9
other than by the owner of the premises, the owner is the "person in 10
control" of electrical equipment located at the premises if it-- 11
(a) forms part of, or is supplied for use at, the premises; and 12
(b) is owned by the owner of the premises. 13
(5) For subsection (1), a person does not control electrical equipment 14
only because the electrical equipment-- 15
(a) is the subject of electrical work performed by the person or 16
directed or supervised by the person; or 17
(b) is used for the carrying out of work-- 18
(i) performed by the person as a worker; or 19
(ii) directed or supervised by the person. 20
(6) In this section-- 21
"control", electrical equipment, includes having responsibility for the 22
maintenance and repair of the electrical equipment. 23
25 Meaning of "works" of an electricity entity 24
"Works", of an electricity entity, means the electrical equipment, and 25
electric line associated equipment, controlled or operated by the entity to 26
generate, transform, transmit or supply electricity. 27
28
Example of works of an electricity entity--
29
An overhead distribution system of a distribution entity, including transformers and
30
switches.
31
Example of what is not works of an electricity entity--
32
Appliances or fixed wiring in an electricity entity's workshop or offices.
s 26 28 s 27
Electrical Safety Bill 2002
PART 2--ELECTRICAL SAFETY OBLIGATIONS 1
Division 1--Preliminary 2
26 Obligations for electrical safety 3
The following persons have obligations under division 2 for electrical 4
safety-- 5
· electricity entities 6
· employers 7
· self-employed persons 8
· designers of electrical equipment and electrical installations 9
· manufacturers of electrical equipment 10
· importers of electrical equipment 11
· suppliers of electrical equipment 12
· installers of electrical equipment and electrical installations 13
· repairers of electrical equipment and electrical installations 14
· persons in control of electrical equipment 15
· workers at places where electrical equipment is located 16
· other persons at places where electrical equipment is located. 17
18
Note--
19
The enforcement of the obligations is by criminal proceedings under the obligation
20
offence provision (section 27) or disciplinary proceedings under part 9. A civil cause of
21
action is not created, see section 48.
27 Obligation offence provision 22
A person on whom an electrical safety obligation is imposed must 23
discharge the obligation. 24
Maximum penalty-- 25
(a) if the breach causes death or grievous bodily harm--1 000 26
penalty units or 2 years imprisonment; or 27
s 28 29 s 30
Electrical Safety Bill 2002
(b) if the breach causes bodily harm--750 penalty units or 1 year's 1
imprisonment; or 2
(c) otherwise--500 penalty units or 6 months imprisonment. 3
28 Person may owe obligations in more than 1 capacity 4
A person may be the subject of electrical safety obligations in more than 5
1 capacity. 6
7
Examples--
8
· A person may be an employer, electrical entity and supplier of electrical equipment
9
at the one time and be subject to obligations in each of the capacities.
10
· When electrical equipment leaves a manufacturer or importer, the manufacturer or
11
importer will also have the obligations of a supplier.
Division 2--Electrical safety obligations 12
29 Obligation of electricity entity 13
(1) An electricity entity has an obligation to ensure that its works-- 14
(a) are electrically safe; and 15
(b) are operated in a way that is electrically safe. 16
(2) Without limiting subsection (1), the obligation includes the 17
requirement that the electricity entity inspect, test and maintain the works. 18
30 Obligation of employer or self-employed person 19
(1) This section applies to an employer or self-employed person. 20
(2) A person to whom this section applies has an obligation to ensure 21
that the person's business or undertaking is conducted in a way that is 22
electrically safe. 23
(3) Without limiting subsection (1), the obligation includes-- 24
(a) ensuring that all electrical equipment used in the conduct of the 25
person's business or undertaking is electrically safe; and 26
(b) if the person's business or undertaking includes the performance 27
of electrical work, ensuring the electrical safety of all persons 28
and property likely to be affected by the electrical work; and 29
s 31 30 s 33
Electrical Safety Bill 2002
(c) if the person's business or undertaking includes the performance 1
of work, whether or not electrical work, involving contact with, 2
or being near to, exposed parts, ensuring persons performing the 3
work are electrically safe. 4
31 Obligation of designer of electrical equipment 5
A designer of electrical equipment or an electrical installation has an 6
obligation to ensure that-- 7
(a) the electrical equipment or installation is designed to be 8
electrically safe; and 9
(b) if the designer gives the design to another entity who is to give 10
effect to the design, the design is accompanied by information 11
about the way the electrical equipment or installation must be 12
used and installed to ensure the equipment or installation is 13
electrically safe. 14
32 Obligation of manufacturer of electrical equipment 15
(1) A manufacturer of electrical equipment has an obligation to ensure 16
that-- 17
(a) the processes followed for the manufacture of the electrical 18
equipment ensure that the electrical equipment, when made, will 19
be electrically safe; and 20
(b) the electrical equipment, when made, is electrically safe. 21
(2) Without limiting subsection (1)(b), the obligation includes ensuring 22
that the electrical equipment, when made, is tested and examined to ensure 23
it is electrically safe. 24
33 Obligation of importer of electrical equipment 25
(1) An importer of electrical equipment has an obligation to ensure that 26
the electrical equipment is electrically safe. 27
(2) Without limiting subsection (1), the obligation includes ensuring that 28
the electrical equipment-- 29
(a) is designed to be electrically safe; and 30
(b) is tested and examined to ensure it is electrically safe. 31
s 34 31 s 37
Electrical Safety Bill 2002
34 Obligation of supplier of electrical equipment 1
A supplier of electrical equipment has an obligation to ensure that when 2
the electrical equipment leaves the supplier, it is accompanied by 3
information about the way the electrical equipment must be used to ensure 4
that its use is electrically safe. 5
35 Additional obligation of designer, manufacturer, importer or 6
supplier of electrical equipment 7
A designer, manufacturer, importer or supplier of electrical equipment 8
has an obligation to comply with the requirements of an electrical safety 9
notification4 that apply to the designer, manufacturer, importer or supplier. 10
36 Obligation of installer of electrical equipment or electrical 11
installation 12
A person who installs electrical equipment or an electrical installation 13
has an obligation to ensure that-- 14
(a) the way the electrical equipment or installation is installed is 15
electrically safe; and 16
(b) the processes followed for installing the electrical equipment or 17
installation ensure that, when installed, it will be electrically 18
safe; and 19
(c) after the electrical equipment or installation is installed, the 20
person tests and examines it to ensure it is electrically safe. 21
37 Obligation of repairer of electrical equipment or electrical 22
installation 23
(1) A person who repairs electrical equipment or an electrical installation 24
has an obligation to ensure that-- 25
(a) the way the electrical equipment or installation is repaired is 26
electrically safe; and 27
(b) the processes followed for repairing the electrical equipment or 28
installation ensure that, when repaired, it will be electrically safe; 29
and 30
4 See section 206 which provides for the issue of electrical safety notifications.
s 38 32 s 39
Electrical Safety Bill 2002
(c) the electrical equipment or installation, when repaired, is 1
electrically safe. 2
(2) Without limiting subsection (1), the obligation includes ensuring that 3
the electrical equipment or installation, when repaired, is tested and 4
examined to ensure it is electrically safe. 5
38 Obligation of person in control of electrical equipment 6
(1) A person in control of electrical equipment has an obligation to 7
ensure the electrical equipment is electrically safe. 8
(2) Subsection (1) does not apply to the person in control of electrical 9
equipment to the extent that the electrical equipment-- 10
(a) is located at premises in which the person lives; or 11
(b) forms part of the works of an electricity entity. 12
39 Obligations of worker 13
A worker at a place where electrical equipment is located has the 14
following obligations-- 15
(a) to comply with the instructions for the electrical safety of 16
persons and property at the place given-- 17
(i) by the worker's employer; and 18
(ii) to the extent the instructions are not inconsistent with 19
instructions given by the worker's employer, by the person 20
in control of the electrical equipment; 21
(b) to use personal protective equipment, if-- 22
(i) the protective equipment is provided by the worker's 23
employer or the person in control of the electrical 24
equipment for electrical safety purposes; and 25
(ii) the worker is properly instructed in the use of the protective 26
equipment provided; 27
(c) not to wilfully interfere with or misuse anything provided for 28
electrical safety at the place; 29
(d) not to wilfully place any person, including the worker, at the 30
place in electrical risk. 31
s 40 33 s 42
Electrical Safety Bill 2002
40 Obligations of other person 1
(1) This section applies to a person at a place were electrical equipment 2
is located, other than a worker at the place. 3
(2) The person has the following obligations at the place-- 4
(a) to comply with the instructions for the electrical safety of 5
persons and property at the place given by the person in control 6
of the electrical equipment; 7
(b) not to wilfully interfere with or misuse anything provided for 8
electrical safety at the place; 9
(c) not to wilfully place any person at the place in electrical risk. 10
Division 3--Regulations, ministerial notices and codes of practice 11
relating to electrical safety obligations 12
41 Effect of regulation for discharge of electrical safety obligation 13
(1) This section applies if a provision of a regulation ("regulation 14
provision") is identified in the regulation as a provision that prescribes a 15
way of discharging a person's electrical safety obligation. 16
(2) Unless otherwise stated in the regulation, the regulation provision 17
does not prescribe all that a person to whom the provision applies must do, 18
or must not do, to discharge the electrical safety obligation. 19
(3) However, for applying the obligation offence provision, the person 20
fails to discharge the electrical safety obligation if the person contravenes 21
the regulation provision. 22
(4) If the regulation provides for a penalty for a contravention of the 23
regulation provision, the amount of the penalty is not a relevant 24
consideration for an industrial magistrate required to fix a penalty for an 25
offence against the obligation offence provision. 26
42 Ministerial notice about discharging electrical safety obligation 27
(1) This section applies if the Minister has identified circumstances of 28
electrical risk for persons or property and considers that urgent action 29
should be taken to deal with the electrical risk. 30
s 43 34 s 44
Electrical Safety Bill 2002
(2) The Minister may make a notice that prescribes a way of discharging 1
a person's electrical safety obligation in relation to the electrical risk. 2
(3) The notice expires-- 3
(a) 1 year from the day it is notified in the gazette; or 4
(b) on an earlier day stated in the notice. 5
(4) However, a regulation may extend the notice's operation for a further 6
period of not more than 1 year. 7
(5) If a notice is inconsistent with a regulation or code of practice, the 8
notice prevails to the extent of the inconsistency. 9
(6) A notice is subordinate legislation. 10
43 Effect of ministerial notice for discharge of electrical safety 11
obligation 12
(1) Unless otherwise stated in a ministerial notice, the notice does not 13
prescribe all that a person to whom the notice applies must do, or must not 14
do, to discharge the person's electrical safety obligation in relation to the 15
electrical risk mentioned in the notice. 16
(2) However, for applying the obligation offence provision, the person 17
fails to discharge the electrical safety obligation in relation to the electrical 18
risk if the person contravenes the ministerial notice. 19
44 Code of practice about discharging electrical safety obligation 20
(1) The Minister may make a code of practice that states a way of 21
discharging a person's electrical safety obligation. 22
(2) The code of practice must include a provision providing for the 23
expiry of the code of practice 5 years or less after its commencement. 24
(3) The Minister must notify the making of a code of practice. 25
(4) The Minister must ensure that a copy of each code of practice, and 26
any document applied, adopted or incorporated by the code of practice, is 27
made available for inspection without charge during normal business hours 28
at each department office dealing with electrical safety. 29
(5) If a code of practice is inconsistent with a regulation, the regulation 30
prevails to the extent of the inconsistency. 31
(6) A notice mentioned in subsection (3) is subordinate legislation. 32
s 45 35 s 47
Electrical Safety Bill 2002
45 Effect of code of practice for discharge of electrical safety 1
obligation 2
(1) Unless otherwise stated in a code of practice, the code of practice 3
does not state all that a person to whom the code of practice applies must 4
do, or must not do, to discharge the person's electrical safety obligation. 5
(2) However, for applying the obligation offence provision, the person 6
fails to discharge the electrical safety obligation if the person-- 7
(a) contravenes, or otherwise acts inconsistently with, the code of 8
practice; and 9
(b) does not follow a way that is as effective as, or more effective 10
than, the code of practice for discharging the electrical safety 11
obligation. 12
Division 4--Defences 13
46 Defence in proceeding for offence against obligation offence 14
provision 15
(1) It is a defence in a proceeding against a person for an offence against 16
the obligation offence provision for the person to prove that the 17
commission of the offence was due to causes over which the person had no 18
control. 19
(2) However, the Criminal Code, sections 23 and 24,5 do not apply in 20
relation to a contravention of the obligation offence provision. 21
47 Further defence if no regulation, ministerial notice or code of 22
practice 23
(1) This section applies to a person if-- 24
(a) the person is proceeded against for an offence against the 25
obligation offence provision; and 26
(b) at the time of the alleged offence, there was no regulation, 27
ministerial notice or code of practice prescribing or stating a way 28
of discharging the person's electrical safety obligation in the 29
circumstances of the alleged offence. 30
5 Criminal Code, sections 23 (Intention--motive) and 24 (Mistake of fact)
s 48 36 s 50
Electrical Safety Bill 2002
(2) It is a defence in the proceeding for the person to prove that the 1
person chose an appropriate way, and took reasonable precautions and 2
exercised proper diligence, to discharge the person's electrical safety 3
obligation. 4
Division 5--Effect of Act on civil liability 5
48 No civil cause of action based on contravention of Act 6
No provision of this Act creates a civil cause of action based on a 7
contravention of the provision. 8
PART 3--ENFORCEABLE UNDERTAKINGS 9
49 Meaning of "electrical safety undertaking" 10
An "electrical safety undertaking" is a written undertaking made by a 11
person (the "identified person" for the undertaking) that-- 12
(a) recognises that the chief executive alleges (the "alleged 13
contravention" for the undertaking) that the identified person 14
has contravened-- 15
(i) the obligation offence provision; or 16
(ii) the executive officer offence provision, because of a 17
corporation's contravention of the obligation offence 18
provision; and 19
(b) identifies facts and circumstances of the alleged contravention; 20
and 21
(c) includes an assurance from the identified person about the 22
identified person's future behaviour. 23
50 Acceptance and publication of electrical safety undertaking 24
(1) The chief executive may, by written notice given to the identified 25
person for an electrical safety undertaking, accept the electrical safety 26
undertaking. 27
s 51 37 s 54
Electrical Safety Bill 2002
(2) When the chief executive accepts the electrical safety undertaking, 1
the undertaking-- 2
(a) starts operating; and 3
(b) becomes enforceable against the identified person. 4
(3) The chief executive may publish details of the undertaking. 5
51 Proceeding for alleged contravention 6
(1) If a proceeding for the alleged contravention for the electrical safety 7
undertaking has been started before an industrial magistrate against the 8
identified person for the undertaking before the undertaking starts 9
operating, the chief executive must take the necessary action to bring the 10
proceeding to an end. 11
(2) If a proceeding for the alleged contravention has not been started 12
before the undertaking starts operating, a proceeding for the alleged 13
contravention must not be started. 14
52 Compliance with undertaking 15
The identified person for an operating electrical safety undertaking must 16
not contravene the undertaking. 17
Maximum penalty--1 000 penalty units. 18
53 Withdrawal or variation of undertaking 19
(1) The identified person for an operating electrical safety undertaking 20
may at any time, with the agreement of the chief executive-- 21
(a) withdraw the undertaking; or 22
(b) change the provisions of the undertaking. 23
(2) However, the provisions of the undertaking can not be changed to 24
provide for a different alleged contravention for the undertaking. 25
54 Contravention of electrical safety undertaking 26
(1) This section applies if the chief executive considers that the identified 27
person for an operating electrical safety undertaking has contravened the 28
undertaking. 29
s 55 38 s 55
Electrical Safety Bill 2002
(2) The chief executive may apply to the industrial court for an order 1
under this section. 2
(3) If the court is satisfied that the identified person has contravened the 3
undertaking, the court may make 1 or more of the following orders-- 4
(a) an order directing the identified person to comply with the 5
undertaking, or a stated aspect of the undertaking, or to comply 6
with the undertaking, or a stated aspect of the undertaking, in a 7
stated way; 8
(b) an order directing the person to pay to the State an amount that is 9
not more than the direct or indirect financial benefit obtained by 10
the person from, and reasonably attributable to, the breach; 11
(c) an order directing the person to give a security bond to the State 12
for a stated period; 13
(d) another order the court considers appropriate in the 14
circumstances. 15
(4) A prosecution for the offence of contravening the electrical safety 16
undertaking does not prevent the court from making an order under this 17
section on the chief executive's application, even though the prosecution 18
and the order are based on the same facts and circumstances. 19
(5) The making of an order under this section, unless the order otherwise 20
provides, does not prevent a prosecution for the offence of contravening the 21
electrical safety undertaking, even though the order and the prosecution are 22
based on the same facts and circumstances. 23
PART 4--LICENCES 24
Division 1--Requirements for electrical licences 25
55 Requirement for electrical work licence 26
(1) A person must not perform or supervise electrical work unless-- 27
(a) the person is the holder of an electrical work licence in force 28
under this Act; and 29
(b) the licence authorises the person to perform the work. 30
s 56 39 s 56
Electrical Safety Bill 2002
Maximum penalty--400 penalty units. 1
(2) Only an individual may be the holder of an electrical work licence. 2
(3) A person is not required under subsection (1) to hold an electrical 3
work licence for the purpose of the following-- 4
(a) performance or supervision of electrical work for the purpose of 5
installing or repairing telecommunications cabling; 6
(b) performance or supervision of electrical work in practising the 7
person's profession as an electrical engineer; 8
(c) performance or supervision of remote rural installation work; 9
(d) performance or supervision of electrical work as part of the 10
testing of electrical equipment that the person is authorised to do 11
under a regulation; 12
(e) performance, as an apprentice, of electrical work in a calling that 13
requires the apprentice to perform electrical work; 14
(f) performance, as a trainee, of electrical work in a calling that 15
requires the trainee to perform electrical work of a type 16
prescribed under a regulation; 17
(g) performance, as a student, of electrical work as part of training 18
under the supervision of teaching staff at-- 19
(i) a university; or 20
(ii) a college, school or similar institution conducted or 21
approved by a department of the State or of the 22
Commonwealth. 23
56 Requirement for electrical contractor licence 24
(1) A person must not conduct a business or undertaking that includes 25
the performance of electrical work unless the person is the holder of an 26
electrical contractor licence that is in force. 27
Maximum penalty--400 penalty units. 28
(2) Without limiting subsection (1), a person conducts a business or 29
undertaking that includes the performance of electrical work if the 30
person-- 31
s 57 40 s 57
Electrical Safety Bill 2002
(a) advertises, notifies or states that, or advertises, notifies or makes 1
a statement to the effect that, the person carries on the business of 2
performing electrical work; or 3
(b) contracts for the performance electrical work, other than under a 4
contract of employment; or 5
(c) represents to the public that the person is willing to perform 6
electrical work; or 7
(d) employs a worker to perform electrical work, other than for the 8
person. 9
(3) However, a person does not conduct a business or undertaking that 10
includes the performance of electrical work only because the person-- 11
(a) is a licensed electrical mechanic who-- 12
(i) performs electrical work for the person or a relative of the 13
person at premises owned or occupied by the person or 14
relative; or 15
(ii) makes minor emergency repairs to make electrical 16
equipment electrically safe; or 17
(b) contracts for the performance of building work that includes the 18
performance of electrical work if the electrical work is intended 19
to be subcontracted to the holder of an electrical contractor 20
licence who is authorised under the licence to perform the work. 21
(4) This section does not authorise the performance of electrical work by 22
a person who does not have an electrical work licence for the work. 23
(5) A person does not contravene subsection (1) if-- 24
(a) the person conducts a business or undertaking that includes the 25
performance of electrical work as a partner in a partnership; and 26
(b) the partnership is the holder of an electrical contractor licence 27
that is in force. 28
57 Compliance with conditions and restrictions 29
(1) The holder of an electrical work licence who performs or supervises 30
electrical work must comply with all conditions and restrictions included in 31
the licence. 32
Maximum penalty--400 penalty units. 33
s 58 41 s 60
Electrical Safety Bill 2002
(2) The holder of an electrical contractor licence who performs electrical 1
work must comply with all conditions and restrictions included in the 2
licence. 3
Maximum penalty for subsection (2)--400 penalty units. 4
Division 2--Electrical licence applications 5
58 Definition for div 2 6
In this division-- 7
"electrical licence application" means an application to the chief 8
executive for-- 9
(a) the issue of an electrical licence; or 10
(b) the renewal of an electrical licence; or 11
(c) the reinstatement of an electrical licence. 12
59 Application for issue of electrical licence 13
(1) A person may apply to the chief executive for the issue of an 14
electrical licence. 15
(2) The application for the electrical licence-- 16
(a) must be made in the approved form; and 17
(b) must otherwise comply with the requirements prescribed under a 18
regulation about applying for the issue of the electrical licence, 19
including any requirements about the payment of fees. 20
(3) The chief executive may issue, or refuse to issue, the electrical 21
licence. 22
(4) In deciding whether to issue the electrical licence, the chief executive 23
must apply any eligibility requirements prescribed under a regulation for 24
the issue of the licence. 25
60 Application for renewal of electrical licence 26
(1) The holder of an electrical licence may, before the licence expires 27
(the "licence expiry"), apply to the chief executive for the renewal of the 28
licence. 29
s 61 42 s 61
Electrical Safety Bill 2002
(2) The application for the renewal of the electrical licence-- 1
(a) must be made in the approved form; and 2
(b) must otherwise comply with the requirements prescribed under a 3
regulation about applying for the renewal of the electrical 4
licence, including any requirements about-- 5
(i) the payment of fees; and 6
(ii) the day by which the application must be made. 7
(3) The chief executive may renew, or refuse to renew, the electrical 8
licence. 9
(4) In deciding whether to renew the electrical licence, the chief 10
executive must apply any eligibility requirements prescribed under a 11
regulation for the renewal of the licence. 12
(5) If the electrical licence is renewed before the licence expiry, the 13
renewal has effect from the licence expiry. 14
(6) If the electrical licence is not renewed before the licence expiry-- 15
(a) the licence as in force immediately before the licence expiry 16
continues in force until-- 17
(i) it is renewed; or 18
(ii) the chief executive gives written notice of a refusal to 19
renew; and 20
(b) if the licence is renewed, the licence, as renewed, ends on the day 21
it would have ended if it had been renewed with effect from the 22
licence expiry. 23
61 Application for reinstatement of electrical licence 24
(1) If an electrical licence expires (the "licence expiry"), the person who 25
was the holder of the licence may, within 1 year after the licence expiry, 26
apply to the chief executive for the reinstatement of the licence. 27
(2) The application must-- 28
(a) be made in the approved form; and 29
(b) otherwise comply with the requirements prescribed under a 30
regulation about applying for the reinstatement of an electrical 31
licence, including any requirements about the payment of fees. 32
s 62 43 s 63
Electrical Safety Bill 2002
(3) The chief executive may reinstate, or refuse to reinstate, the electrical 1
licence. 2
(4) In deciding whether to reinstate the electrical licence, the chief 3
executive must apply any eligibility requirements prescribed under a 4
regulation for the reinstatement of the licence. 5
(5) The reinstatement has effect from the end of the day of reinstatement. 6
(6) The electrical licence, as reinstated, is not taken to have been in force 7
for the period from the licence expiry to the reinstatement. 8
(7) However, the electrical licence, as reinstated, ends on the day it 9
would have ended if it had been renewed with effect from the licence 10
expiry instead of being reinstated. 11
62 Further information or documents to support electrical licence 12
application 13
(1) The chief executive may, by written notice given to the applicant 14
under an electrical licence application, require the applicant to give the 15
chief executive, within a reasonable period of at least 21 days stated in the 16
notice, further information or a document the chief executive reasonably 17
requires to decide the application. 18
(2) The chief executive may, in the notice, require the applicant to verify 19
the further information or document by statutory declaration. 20
(3) The applicant is taken to have withdrawn the application if the 21
applicant does not comply with a requirement under subsection (1) or (2) 22
within the stated period. 23
63 Electrical licence conditions and restrictions 24
An electrical licence, as issued, renewed or reinstated, may include 25
conditions or restrictions the chief executive considers necessary or 26
desirable for the proper performance of electrical work. 27
28
Examples of conditions--
29
· A condition that the licence holder satisfactorily finish a particular training course
30
or examination.
31
· A condition that the licence holder keep in place insurance of a kind, and in an
32
amount, prescribed under a regulation.
s 64 44 s 65
Electrical Safety Bill 2002
1
Examples of restrictions--
2
· A restriction that limits electrical work that may be performed under the licence to
3
a kind stated in the licence.
4
· A restriction that limits electrical work that may be performed under the licence to
5
a kind stated in the licence for an employer stated in the licence.
6
· A restriction that limits electrical work that may be performed under the licence to
7
a kind stated in the licence in a locality stated in the licence.
8
· A restriction that limits the extent to which the holder may supervise the
9
performance of electrical work.
64 Chief executive to give reasons for refusal of application or for 10
conditions 11
(1) If, after considering an electrical licence application, the chief 12
executive refuses to issue, renew or reinstate an electrical licence, the chief 13
executive must-- 14
(a) give written notice of the refusal to the applicant within 30 days 15
of the decision to refuse; and 16
(b) include with the written notice an information notice for the 17
decision to refuse. 18
(2) If, after considering an electrical licence application, the chief 19
executive decides to include additional conditions or restrictions in an 20
electrical licence, or change conditions or restrictions in an electrical 21
licence, the chief executive must-- 22
(a) give written notice of the inclusion or change to the applicant 23
within 30 days of the decision to include or change the 24
conditions or restrictions; and 25
(b) include with the written notice an information notice for the 26
decision to include or change the conditions or restrictions. 27
Division 3--External licences 28
65 External licence recognition provision 29
(1) A regulation may prescribe particular external licences to be 30
equivalent to particular electrical work licences. 31
s 66 45 s 66
Electrical Safety Bill 2002
(2) An external licence is taken to be the electrical work licence to which 1
it is equivalent. 2
PART 5--SAFETY MANAGEMENT SYSTEMS FOR 3
ELECTRICITY ENTITIES 4
66 Definitions for pt 5 5
In this part-- 6
"prescribed electricity entity" means an electricity entity, other than a 7
generation entity, declared under a regulation to be a prescribed 8
electricity entity for this part. 9
"safety management system", for a prescribed electricity entity, means a 10
written document having the following characteristics-- 11
(a) the document is devised by the entity in consultation with-- 12
(i) persons who are broadly representative of industrial 13
organisations of employees whose members are employees 14
of the entity; and 15
(ii) principal or primary contractors with the entity for the 16
performance of electrical and other work for the entity; 17
(b) the document details the hazards and risks associated with the 18
design, construction, operation and maintenance of the entity's 19
works; 20
(c) the document details how the electricity entity is to manage the 21
hazards and risks to ensure that its electrical safety obligation is 22
properly discharged; 23
(d) the document details what the entity will do to ensure that 24
contractors for the performance of electrical and other work for 25
the entity comply with the requirements of the safety 26
management system; 27
(e) the document otherwise complies with requirements prescribed 28
under a regulation for safety management systems, including 29
requirements for the following-- 30
s 67 46 s 69
Electrical Safety Bill 2002
(i) how the document is to be developed and periodically 1
updated; 2
(ii) lodging the document with the chief executive; 3
(iii) initial and subsequent periodic assessments and validations 4
of the document by accredited auditors to ensure that the 5
document comprehensively identifies and addresses the 6
hazards and risks associated with the design, construction, 7
operation and maintenance of the entity's works. 8
67 Obligation of prescribed electricity entity 9
A prescribed electricity entity must have, and must give effect to, a 10
safety management system for the entity. 11
Maximum penalty--400 penalty units. 12
PART 6--COMMISSIONER FOR ELECTRICAL 13
SAFETY 14
68 Appointment of commissioner 15
(1) There is to be a Commissioner for Electrical Safety. 16
(2) The commissioner is to be appointed by the Governor in Council by 17
gazette notice. 18
(3) The commissioner is to be appointed under this Act, and not under 19
the Public Service Act 1996. 20
(4) The commissioner's term of appointment is the term, not longer than 21
5 years, stated in the gazette notice of the commissioner's appointment. 22
(5) Subsection (4) does not prevent the commissioner from being 23
reappointed. 24
69 Qualifications for appointment 25
To be appointed as commissioner, a person must have-- 26
s 70 47 s 72
Electrical Safety Bill 2002
(a) an electrical trade or qualification; and 1
(b) professional experience in electrical safety. 2
70 Employment provisions 3
(1) The person appointed as commissioner is entitled to the salary and 4
allowances decided by the Governor in Council. 5
(2) The Governor in Council may set conditions of employment to apply 6
to the person. 7
(3) The conditions of employment must, to the greatest practicable 8
extent, be equivalent to the conditions of employment for a person 9
appointed at a comparable level under the Public Service Act 1996. 10
(4) The person appointed as commissioner must enter into a written 11
contract of employment with the chief executive. 12
(5) The contract must include any conditions of employment approved 13
by the Governor in Council. 14
71 End of appointment 15
The commissioner's appointment ends if-- 16
(a) the commissioner resigns by signed notice of resignation given to 17
the Minister; or 18
(b) the commissioner's employment under the contract of 19
employment is ended in accordance with the provisions of the 20
contract. 21
72 Acting commissioner 22
(1) The Governor in Council may appoint a person, who is eligible for 23
appointment as commissioner, to act in the office of commissioner 24
during-- 25
(a) any vacancy, or all vacancies, in the office; or 26
(b) any period, or all periods, when the commissioner is absent from 27
duty, or can not, for another reason, perform the functions of the 28
office. 29
s 73 48 s 75
Electrical Safety Bill 2002
(2) An appointment under subsection (1) is for the term, and on the 1
conditions, decided by the Minister, and may be ended at any time in 2
accordance with the conditions. 3
73 Commissioner's functions 4
The functions of the commissioner are-- 5
(a) to manage the activities of the board, having regard to its 6
objectives, strategies and policies, and to ensure its efficient 7
operation; and 8
(b) to manage the activities of each committee, having regard to its 9
objectives, strategies and policies, and to ensure each 10
committee's efficient operation; and 11
(c) to fulfil the roles of chairperson of the board and chairperson of 12
the Electrical Licensing Committee; and 13
(d) to advise the Minister on electrical safety matters generally; and 14
(e) to advise the Minister on proposed codes of practice after 15
appropriate board and committee consideration and 16
endorsement; and 17
(f) to perform the functions given to the commissioner under other 18
provisions of this Act. 19
74 Commissioner's powers 20
The commissioner has the powers necessary or convenient to carry out 21
the commissioner's functions. 22
PART 7--ELECTRICAL SAFETY BOARD 23
Division 1--The board and its functions 24
75 Establishment 25
The Electrical Safety Board is established. 26
s 76 49 s 76
Electrical Safety Bill 2002
76 Functions of board 1
(1) The primary function of the board is to give advice and make 2
recommendations to the Minister about policies, strategies, and legislative 3
arrangements for electrical safety. 4
(2) Without limiting subsection (1), the board may discharge its primary 5
function by-- 6
(a) developing a 5 year strategic plan for improving electrical safety; 7
and 8
(b) periodically evaluating, and at least once each year updating, the 9
5 year strategic plan; and 10
(c) advising the Minister about state, national and international 11
electrical safety issues; and 12
(d) considering, and making recommendations on, issues the 13
Minister refers to it; and 14
(e) reviewing the appropriateness of provisions of this Act, including 15
regulations, ministerial notices and codes of practice made under 16
this Act; and 17
(f) as considered appropriate, establishing working parties, 18
including appointing members of the working parties and setting 19
their procedures; and 20
(g) ensuring industry has been adequately consulted on proposed 21
codes of practice; and 22
(h) promoting electrical safety in workplaces and in the broader 23
community to foster an increased awareness of-- 24
(i) the potential risks associated with electricity; and 25
(ii) ways to improve electrical safety. 26
(3) A secondary function of the board is to give advice and make 27
recommendations to the regulator under the Electricity Act, as requested by 28
the regulator, about the energy efficiency and performance of electrical 29
equipment. 30
(4) The chief executive must give the board the necessary administrative 31
and other support to enable the board to perform its functions efficiently 32
and effectively. 33
s 77 50 s 79
Electrical Safety Bill 2002
Division 2--Board membership 1
77 Composition of board 2
(1) The board consists of the following members-- 3
(a) the commissioner, who is the chairperson of the board; 4
(b) the chief executive; 5
(c) 6 members appointed by the Minister. 6
(2) In choosing the appointed members of the board, the Minister 7
must-- 8
(a) consider each proposed member's practical experience and 9
competence in the management of electrical safety; and 10
(b) ensure that-- 11
(i) 2 of the appointed members are representative of 12
employers; and 13
(ii) 2 of the appointed members are representative of workers; 14
and 15
(iii) 2 of the appointed members are representative of the 16
community; and 17
(c) seek to appoint both men and women as members. 18
78 Conditions of appointment to board 19
(1) The appointment of an appointed member of the board is for the 20
term, of not longer than 3 years, decided by the Minister when the member 21
is appointed. 22
(2) An appointed member of the board is appointed on a part-time basis. 23
(3) An appointed member of the board is entitled to be paid the 24
remuneration and allowances fixed by the Minister, and otherwise holds 25
office under the conditions of appointment fixed by the Minister. 26
79 When appointed member's office becomes vacant 27
(1) The office of an appointed member of the board becomes vacant if-- 28
s 80 51 s 81
Electrical Safety Bill 2002
(a) the member resigns by signed notice of resignation given to the 1
Minister; or 2
(b) the Minister ends the member's appointment. 3
(2) The Minister may end the appointment of an appointed member of 4
the board-- 5
(a) in either of the following events-- 6
(i) the member is absent, without the Minister's leave and 7
without reasonable excuse, from 3 consecutive ordinary 8
meetings of the board; 9
(ii) the member is found guilty of an indictable offence, 10
whether or not dealt with summarily, or an offence against 11
this Act; or 12
(b) at any time, for any reason or without stating a reason. 13
80 Leave of absence 14
(1) The Minister may approve a leave of absence for an appointed 15
member of the board. 16
(2) If a leave of absence is approved, the Minister may appoint someone 17
else as an acting member during the member's approved leave of absence. 18
(3) In appointing a person as an acting member, the Minister must have 19
regard to requirements of this division for the composition of the board. 20
Division 3--Conduct of board proceedings 21
81 Times of board meetings 22
(1) The board may hold its meetings when it decides. 23
(2) However, the board must meet at least 4 times a year. 24
(3) The chairperson of the board-- 25
(a) may call a meeting of the board at any time; and 26
(b) must call a meeting if the meeting is asked for by at least a third 27
of the other members. 28
(4) The Minister may call a meeting of the board at any time. 29
s 82 52 s 83
Electrical Safety Bill 2002
82 Conduct of proceedings 1
(1) The chairperson of the board presides at all board meetings at which 2
the chairperson is present. 3
(2) The chief executive's attendance at a board meeting may be through a 4
representative nominated by the chief executive. 5
(3) If the chairperson is absent, the member chosen by the members 6
present is to preside. 7
(4) At a meeting of the board-- 8
(a) a quorum is at least 4 members; and 9
(b) a question is decided by a majority of the votes of the members 10
present and voting; and 11
(c) each member present has a vote on each question to be decided 12
and, if the votes are equal, the member presiding has an 13
additional vote in the form of a casting vote. 14
(5) The board may otherwise conduct its proceedings, including its 15
meetings, as it considers appropriate. 16
(6) The board may hold meetings, or permit members to take part in its 17
meetings, by using any technology that reasonably allows members to hear 18
and take part in discussions as they happen. 19
20
Example of use of technology--
21
Teleconferencing.
(7) A member who takes part in a board meeting under subsection (6) is 22
taken to be present at the meeting. 23
(8) A resolution is a valid resolution of the board, even though it is not 24
passed at a board meeting, if-- 25
(a) at least half the members give written agreement to the 26
resolution; and 27
(b) notice of the resolution is given under procedures approved by 28
the board. 29
83 Disclosure of interests 30
(1) If there is a reasonable possibility that a member's participation in 31
the board's consideration of an issue will give the member, or an entity 32
associated with the member, a professional or commercial advantage, or 33
s 84 53 s 85
Electrical Safety Bill 2002
will otherwise be a conflict of interest, the member must disclose the 1
possibility to the board. 2
(2) The disclosure must be recorded in the board's minutes and, unless 3
the board otherwise directs, the member must not-- 4
(a) be present when the board considers the issue; or 5
(b) take part in a decision of the board on the issue. 6
(3) If, because of subsection (2), the member is not present for the 7
board's consideration of the issue, but there would be a quorum if the 8
member were present, the remaining members present are a quorum for the 9
board's consideration of the issue. 10
(4) For subsection (1), an entity is associated with a member if the 11
member is an employee or member of, or an adviser to, the entity. 12
84 Minutes 13
The board must keep minutes of its proceedings. 14
Division 4--General 15
85 Annual report 16
(1) As soon as practical, but within 4 months, after the end of each 17
financial year, the commissioner, as chairperson of the board, must prepare 18
and give to the Minister a report on the board's operations for the year. 19
(2) The report must include a summary of the work of each of the board 20
committees. 21
(3) The report must-- 22
(a) be approved by the board before it is submitted to the Minister; 23
or 24
(b) indicate the extent to which any part of the report has not been 25
approved by the board. 26
(4) The Minister must table a copy of the report in the Legislative 27
Assembly within 14 sitting days after receiving it. 28
s 86 54 s 88
Electrical Safety Bill 2002
PART 8--BOARD COMMITTEES 1
Division 1--Introduction 2
86 Establishment of board committees 3
(1) This part establishes, and otherwise provides for, 3 named 4
committees. 5
(2) This part also provides for the establishment of advisory committees. 6
(3) Committees are established to support the board in the performance 7
of its functions. 8
(4) Additionally, the licensing committee has independent functions for 9
particular licensing matters. 10
Division 2--Electrical Licensing Committee 11
87 Establishment 12
The Electrical Licensing Committee is established. 13
88 Functions of licensing committee 14
(1) The functions of the licensing committee are-- 15
(a) to give advice and make recommendations to the board about 16
electrical licences and training; and 17
(b) to take necessary disciplinary action against holders of electrical 18
licences and against previous holders of electrical contractor 19
licences; and 20
(c) to hear appeals against decisions of the chief executive about 21
electrical licences. 22
(2) Without limiting subsection (1), the licensing committee may 23
discharge its functions by-- 24
(a) recommending training modules and courses to qualify persons 25
for electrical licences; and 26
(b) advising on issues the board refers to it; and 27
s 89 55 s 89
Electrical Safety Bill 2002
(c) making recommendations about the safety of electrical work and 1
the standards for qualifications required for an electrical licence; 2
and 3
(d) receiving and investigating complaints about electrical work; and 4
(e) taking action to ensure holders of electrical licences perform 5
work, or conduct their businesses or undertakings, to appropriate 6
standards, including by cancelling or suspending licences and 7
taking other disciplinary action; and 8
(f) reviewing decisions of the chief executive about electrical 9
licences, including by confirming, setting aside or substituting 10
decisions or referring decisions back to the chief executive. 11
(3) The chief executive must give the licensing committee the necessary 12
administrative and other support to enable the committee to perform its 13
functions efficiently and effectively. 14
89 Composition of licensing committee 15
(1) The licensing committee consists of the following members-- 16
(a) the commissioner, who is the chairperson of the committee; 17
(b) 4 other members appointed by the Minister. 18
(2) In choosing the appointed members of the committee, the Minister 19
must-- 20
(a) consider each proposed member's practical experience and 21
competence in the management of electrical safety and in 22
electrical training; and 23
(b) ensure that-- 24
(i) 1 of the appointed members is representative of employers; 25
and 26
(ii) 1 of the appointed members is representative of workers; 27
and 28
(iii) 1 of the appointed members is representative of the 29
community; and 30
(c) ensure that an appointed member who is other than an appointed 31
member under paragraph (b) is a technical expert who is-- 32
(i) a licensed electrical worker; or 33
s 90 56 s 92
Electrical Safety Bill 2002
(ii) an electrical engineer; and 1
(d) seek to appoint both men and women as members. 2
Division 3--Electrical Safety Education Committee 3
90 Establishment 4
The Electrical Safety Education Committee is established. 5
91 Function of safety education committee 6
(1) The function of the safety education committee is to give advice and 7
make recommendations to the board about the promotion of electrical 8
safety in workplaces and in the broader community. 9
(2) Without limiting subsection (1), the safety education committee may 10
discharge its function by-- 11
(a) recommending to the board strategies and marketing campaigns 12
on electrical safety; and 13
(b) recommending information and education strategies for electrical 14
safety; and 15
(c) advising on issues the board refers to it; and 16
(d) examining the appropriateness of, and the need for, marketing 17
campaigns and promotional programs; and 18
(e) making recommendations to the board, when appropriate for 19
responding to particular electrical safety issues, for the 20
establishment of working parties. 21
(3) The chief executive must give the safety education committee the 22
necessary administrative and other support to enable the committee to 23
perform its function efficiently and effectively. 24
92 Composition of safety education committee 25
(1) The safety education committee consists of the following 26
members-- 27
(a) 1 member appointed by the Minister to be chairperson of the 28
committee; 29
s 93 57 s 94
Electrical Safety Bill 2002
(b) at least 6 other members appointed by the Minister. 1
(2) In choosing the members of the committee, the Minister must-- 2
(a) consider each proposed member's practical experience and 3
competence in the promotion and marketing of electrical safety; 4
and 5
(b) seek to appoint both men and women as members. 6
Division 4--Electrical Equipment Committee 7
93 Establishment 8
The Electrical Equipment Committee is established. 9
94 Functions of equipment committee 10
(1) The primary function of the equipment committee is to give advice 11
and make recommendations to the board about the safety of electrical 12
equipment. 13
(2) A secondary function of the equipment committee is to give advice 14
and make recommendations to the board about the energy efficiency and 15
performance of electrical equipment. 16
(3) Without limiting subsections (1) and (2), the equipment committee 17
may discharge its functions by-- 18
(a) investigating and reporting on issues the board refers to it about 19
the safety of electrical equipment; and 20
(b) advising on other issues the board refers to it; and 21
(c) advising on strategies to improve the safety of electrical 22
equipment; and 23
(d) advising on safety standards for electrical equipment; and 24
(e) advising on certificates for electrical equipment and the 25
suitability of electrical equipment for connection to electricity; 26
and 27
(f) advising on the approval, hire, sale and use of electrical 28
equipment; and 29
s 95 58 s 98
Electrical Safety Bill 2002
(g) advising on actions the department might take about unsafe 1
electrical equipment. 2
(4) The chief executive must give the equipment committee the 3
necessary administrative and other support to enable the committee to 4
perform its functions efficiently and effectively. 5
95 Composition of equipment committee 6
(1) The equipment committee consists of the following members-- 7
(a) 1 member appointed by the Minister to be chairperson of the 8
committee; 9
(b) at least 6 other members appointed by the Minister. 10
(2) In choosing the members of the committee, the Minister must-- 11
(a) consider each proposed member's practical experience and 12
competence in relation to electrical equipment; and 13
(b) seek to appoint both men and women as members. 14
Division 5--Advisory committees 15
96 Establishment 16
(1) The Minister may, by gazette notice, establish advisory committees 17
to support the board as the Minister considers appropriate. 18
(2) The gazette notice establishing an advisory committee must include 19
information about the committee's terms of reference and the composition 20
of the committee's membership. 21
97 Function of advisory committee 22
An advisory committee has the function of advising the board in relation 23
to the particular issues that, in accordance with its terms of reference, the 24
board refers to it. 25
98 Composition of advisory committee 26
(1) An advisory committee consists of the chairperson and other 27
members appointed by the Minister in accordance with the requirements 28
s 99 59 s 100
Electrical Safety Bill 2002
for the composition of the committee as stated in the gazette notice 1
establishing the committee. 2
(2) In choosing the members of the committee, the Minister must-- 3
(a) consider each proposed member's practical experience and 4
competence in relation to the terms of reference stated in the 5
gazette notice; and 6
(b) seek to appoint both men and women as members. 7
(3) Unless the gazette notice establishing the advisory committee 8
otherwise provides, the commissioner is not precluded from appointment 9
as an appointed member of the committee. 10
Division 6--Board committee membership 11
99 Conditions of appointment to board committee 12
(1) The appointment of an appointed member of a board committee is 13
for the term, of not longer than 3 years, decided by the Minister when the 14
member is appointed. 15
(2) An appointed member of a board committee is appointed on a 16
part-time basis. 17
(3) An appointed member of a board committee is entitled to be paid the 18
remuneration and allowances fixed by the Minister, and otherwise holds 19
office under the conditions of appointment fixed by the Minister. 20
(4) Subsection (3) does not apply to the commissioner if the 21
commissioner is an appointed member of an advisory committee. 22
100 When appointed member's office becomes vacant 23
(1) The office of an appointed member of a board committee becomes 24
vacant if-- 25
(a) the member resigns by signed notice of resignation given to the 26
Minister; or 27
(b) the Minister ends the member's appointment. 28
(2) The Minister may end the appointment of an appointed member of a 29
board committee-- 30
(a) in either of the following events-- 31
s 101 60 s 103
Electrical Safety Bill 2002
(i) the member is absent, without the Minister's leave and 1
without reasonable excuse, from 3 consecutive ordinary 2
meetings of the board committee; 3
(ii) the member is found guilty of an indictable offence, 4
whether or not dealt with summarily, or an offence against 5
this Act; or 6
(b) at any time, for any reason or without stating a reason. 7
101 Leave of absence 8
(1) The Minister may approve a leave of absence for an appointed 9
member of a board committee. 10
(2) If a leave of absence is approved, the Minister may appoint someone 11
else as an acting member during the member's approved leave of absence. 12
(3) In appointing a person as an acting member, the Minister must have 13
regard to requirements of this part for the composition of the board 14
committee. 15
Division 7--Conduct of board committee proceedings 16
102 Times of board committee meetings 17
(1) A board committee may hold its meetings when it decides. 18
(2) However, a board committee, other than an advisory committee, 19
must meet at least 4 times a year. 20
(3) The chairperson of a board committee-- 21
(a) may call a meeting of the board committee at any time; and 22
(b) must call a meeting if the meeting is asked for by at least a third 23
of the other members. 24
(4) The Minister may call a meeting of a board committee at any time. 25
103 Conduct of proceedings 26
(1) The chairperson of a board committee presides at all board 27
committee meetings at which the chairperson is present. 28
s 104 61 s 104
Electrical Safety Bill 2002
(2) If the chairperson is absent, the member chosen by the members 1
present is to preside. 2
(3) At a meeting of a board committee-- 3
(a) a quorum is at least half the members of the board committee; 4
and 5
(b) a question is decided by a majority of the votes of the members 6
present and voting; and 7
(c) each member present has a vote on each question to be decided 8
and, if the votes are equal, the member presiding has an 9
additional vote in the form of a casting vote. 10
(4) A board committee may otherwise conduct its proceedings, including 11
its meetings, as it considers appropriate. 12
(5) A board committee may hold meetings, or permit members to take 13
part in its meetings, by using any technology that reasonably allows 14
members to hear and take part in discussions as they happen. 15
16
Example of use of technology--
17
Teleconferencing.
(6) A member who takes part in a board committee meeting under 18
subsection (5) is taken to be present at the meeting. 19
(7) A resolution is a valid resolution of a board committee, even though 20
it is not passed at a board committee meeting, if-- 21
(a) at least half the members give written agreement to the 22
resolution; and 23
(b) notice of the resolution is given under procedures approved by 24
the board committee. 25
104 Disclosure of interests 26
(1) If there is a reasonable possibility that a member's participation in a 27
board committee's consideration of an issue will give the member, or an 28
entity associated with the member, a professional or commercial 29
advantage, or will otherwise be a conflict of interest, the member must 30
disclose the possibility to the board committee. 31
(2) The disclosure must be recorded in the board committee's minutes 32
and, unless the board committee otherwise directs, the member must not-- 33
(a) be present when the board committee considers the issue; or 34
s 105 62 s 106
Electrical Safety Bill 2002
(b) take part in a decision of the board committee on the issue. 1
(3) If, because of subsection (2), the member is not present for the board 2
committee's consideration of the issue, but there would be a quorum if the 3
member were present, the remaining members present are a quorum for the 4
board committee's consideration of the issue. 5
(4) For subsection (1), an entity is associated with a member if the 6
member is an employee or member of, or an adviser to, the entity. 7
105 Minutes and reports 8
(1) A board committee must keep minutes of its proceedings. 9
(2) A board committee must give the board a report on the performance 10
of the board committee's functions as soon as practicable after each 11
meeting of the board committee. 12
PART 9--DISCIPLINARY ACTION 13
Division 1--Grounds for disciplinary action 14
106 Licensed electrical worker 15
Each of the following is a ground for taking disciplinary action against 16
the holder of an electrical work licence-- 17
(a) the holder performs or supervises electrical work, and-- 18
(i) the way the electrical work is performed is not electrically 19
safe; or 20
(ii) the person who performs the electrical work is negligent or 21
incompetent in the performance of the work; 22
(b) the holder performs or supervises electrical work, and because of 23
the performance of the work, a person or property is not 24
electrically safe; 25
(c) the holder is, or has been, the holder of an electrical contractor 26
licence, and has not complied with a direction of the licensing 27
committee to rectify electrical work; 28
s 107 63 s 107
Electrical Safety Bill 2002
(d) the holder obtained the electrical work licence by supplying 1
incorrect or misleading information; 2
(e) the holder no longer complies with eligibility requirements 3
applying for the licence; 4
(f) the holder commits an offence against this Act; 5
(g) the holder contravenes a condition or restriction included in the 6
licence. 7
107 Licensed electrical contractor 8
(1) Each of the following is a ground for taking disciplinary action 9
against the holder of an electrical contractor licence-- 10
(a) the holder performs electrical work, and-- 11
(i) the way the electrical work is performed is not electrically 12
safe; or 13
(ii) the person who actually performs the electrical work is 14
negligent or incompetent in the performance of the work; 15
(b) the holder performs electrical work, and because of the 16
performance of the work, a person or property is not electrically 17
safe; 18
(c) the holder has not given to a person a notice the holder is 19
required under this Act to give the person about electrical work 20
performed by the holder; 21
(d) the holder has unreasonably delayed rectifying a fault found in 22
an inspection, under this Act, of electrical work performed by the 23
holder; 24
(e) the holder, or a worker of the holder, intentionally deceives, or 25
tries to deceive, an electricity entity or inspector by-- 26
(i) the concealment of inferior work or materials used in 27
electrical work; or 28
(ii) a statement about electrical work that is false or misleading 29
in a material particular; 30
(f) the holder, or a worker of the holder, unlawfully tampers with, or 31
breaks or tampers with the seal attached to, a meter, control 32
apparatus or fuse belonging to an electricity supplier; 33
s 107 64 s 107
Electrical Safety Bill 2002
(g) the holder, or a worker of the holder, connects an electrical 1
installation, or part of an electrical installation, to a source of 2
supply chargeable at a rate lower than the rate for which 3
electricity supply to the electrical installation or part is 4
chargeable, without the authority of the electricity supplier 5
supplying the electricity; 6
(h) the holder is a party to an act done by someone else that is an act 7
of a type mentioned in paragraph (a), (b), (c), (d), (e), (f) or (g) or 8
knows of the act and does nothing about it; 9
(i) the holder obtained the electrical contractor licence by supplying 10
incorrect or misleading information; 11
(j) the holder no longer complies with eligibility requirements 12
applying for the licence, including any requirements about the 13
suitability of the holder to hold an electrical contractor licence; 14
(k) the holder commits an offence against this Act; 15
(l) the holder contravenes a condition or restriction included in the 16
licence; 17
(m) the holder is a partnership, and advises, or causes or allows, a 18
partner or worker of the partnership to perform electrical work, 19
knowing the member or worker is not authorised under this Act 20
to perform the work; 21
(n) the holder is a corporation, and advises, or causes or allows, an 22
executive officer or worker of the corporation to perform 23
electrical work, knowing the executive officer or worker is not 24
authorised under this Act to perform the work. 25
(2) Subsection (3) states a ground for taking disciplinary action against a 26
person who-- 27
(a) was the holder of an electrical contractor licence when electrical 28
work was performed; and 29
(b) is no longer the holder of the licence. 30
(3) The ground is that the person performed the electrical work, and-- 31
(a) the way the electrical work was performed was not electrically 32
safe; or 33
(b) the person who actually performed the electrical work was 34
negligent or incompetent in the performance of the work. 35
(4) In this section-- 36
s 108 65 s 109
Electrical Safety Bill 2002
"electricity supplier" means a distribution entity or special approval 1
holder who provides customer connection services to an electrical 2
installation or premises. 3
Division 2--Types of disciplinary action 4
108 Purpose of div 2 5
This division establishes the disciplinary action that may be taken by the 6
licensing committee. 7
109 Electrical licence issued by chief executive 8
(1) The licensing committee may take any of the following disciplinary 9
actions against the holder of an electrical licence issued by the chief 10
executive-- 11
(a) cancel or amend the licence; 12
(b) suspend the licence-- 13
(i) for a period decided by the committee; or 14
(ii) until conditions decided by the committee are complied 15
with; 16
17
Example of condition--
18
A condition that the licence holder satisfactorily finish a stated
19
training course or examination.
(c) reprimand or caution the holder; 20
(d) if the electrical licence is an electrical contractor licence, require 21
the holder to correct a fault or defect in electrical work within the 22
time and in the way stated by the committee; 23
(e) impose on the holder a penalty of not more than 40 penalty units. 24
(2) If the electrical licence was issued by the chief executive and is 25
suspended because of disciplinary action, the licence-- 26
(a) can not be renewed while it is still suspended; and 27
(b) if it expires while it is still suspended, can not be reinstated while 28
it is still suspended. 29
s 110 66 s 112
Electrical Safety Bill 2002
110 External licence 1
The licensing committee may take any of the following disciplinary 2
actions against the holder of an electrical work licence that, under the 3
external licence recognition provision, is an external licence-- 4
(a) cancel or limit the external licence recognition provision's 5
application to the external licence; 6
(b) suspend the external licence recognition provision's application 7
to the external licence-- 8
(i) for a period decided by the committee; or 9
(ii) until conditions decided by the committee are complied 10
with; 11
12
Example of condition--
13
A condition that the licence holder satisfactorily finish a stated
14
training course or examination.
(c) reprimand or caution the holder; 15
(d) impose on the holder a penalty of not more than 40 penalty units. 16
111 Penalties 17
(1) A penalty may be imposed as disciplinary action in addition to the 18
taking of other disciplinary action under this part against the holder of an 19
electrical licence. 20
(2) If a penalty is imposed as disciplinary action and the holder does not 21
pay the penalty within the time allowed by the licensing committee, the 22
committee may take further disciplinary action against the holder for the 23
ground for which the penalty was imposed. 24
(3) Without limiting subsection (2), a penalty imposed as disciplinary 25
action may be recovered as a debt owing to the State by the holder. 26
112 Electrical contractor licence issued by chief executive but no 27
longer in force 28
(1) If a person was the holder of an electrical contractor licence when 29
electrical work was performed, but is no longer the holder of the licence, 30
the licensing committee may take disciplinary action against the person as 31
stated in subsection (2). 32
s 113 67 s 114
Electrical Safety Bill 2002
(2) The committee may require the person to have the holder of an 1
electrical contractor licence correct a fault or defect in the electrical work 2
within the time and in the way stated by the committee. 3
Division 3--Procedures for taking disciplinary action 4
113 Application of div 3 5
This division sets out the procedures for taking disciplinary action 6
against a person. 7
114 Preliminary notice 8
(1) If the licensing committee considers that a ground may exist for 9
taking disciplinary action against a person, the committee may give the 10
person a written notice ("preliminary notice") stating-- 11
(a) that the committee is considering whether it should hold a 12
hearing-- 13
(i) to decide whether a ground exists for taking disciplinary 14
action against the person; and 15
(ii) if the committee decides a ground exists for taking 16
disciplinary action--to decide whether disciplinary action is 17
to be taken, and if so, the details of the disciplinary action; 18
and 19
(b) the ground that the committee considers may exist for taking 20
disciplinary action against the person; and 21
(c) an outline of the committee's understanding of the facts and 22
circumstances forming the basis for the committee's view that 23
the ground may exist; and 24
(d) an invitation to the person to give the committee information the 25
person considers the committee should consider before deciding 26
whether to hold the hearing, including information the person 27
considers would justify the committee in deciding not to act 28
further under this part; and 29
(e) that, to ensure the licensing committee is required to consider the 30
person's information, the committee must receive the 31
s 115 68 s 115
Electrical Safety Bill 2002
information within the fixed period after the date of the notice; 1
and 2
(f) what the fixed period is. 3
(2) The preliminary notice must be dated not earlier than the day the 4
notice is given. 5
(3) The licensing committee must consider information provided by the 6
person in response to the preliminary notice if the information is received 7
by the committee within the fixed period after the date of the preliminary 8
notice. 9
(4) The licensing committee may consider, but is not required to 10
consider, information provided by the person in response to the preliminary 11
notice if the information is received by the committee after the fixed period. 12
(5) A preliminary notice may deal with-- 13
(a) more than 1 ground; or 14
(b) more than 1 set of facts and circumstances. 15
(6) In this section-- 16
"fixed period" means 14 days, or a longer period fixed by the licensing 17
committee for a particular preliminary notice. 18
115 Hearing 19
(1) The licensing committee may hold a hearing ("disciplinary 20
hearing")-- 21
(a) to decide whether the ground exists for taking disciplinary action 22
against the person; and 23
(b) if the committee decides the ground exists--to decide whether 24
disciplinary action is to be taken, and if so, the details of the 25
disciplinary action. 26
(2) However, the committee may hold the disciplinary hearing only if-- 27
(a) the committee has considered-- 28
(i) all information provided by the person that the committee is 29
required to consider; and 30
(ii) all other information provided by the person that the 31
committee decides to consider; and 32
s 116 69 s 117
Electrical Safety Bill 2002
(b) the committee still considers that the ground mentioned in the 1
preliminary notice may exist for taking disciplinary action 2
against the person. 3
116 Disciplinary hearing notice 4
(1) Before holding the disciplinary hearing, the licensing committee 5
must give the person a written notice ("disciplinary hearing notice") 6
stating-- 7
(a) that the committee still considers that the ground mentioned in 8
the preliminary notice may exist for taking disciplinary action 9
against the person; and 10
(b) that the committee has decided to hold a disciplinary hearing-- 11
(i) to decide whether the ground exists; and 12
(ii) if the committee decides the ground exists--to decide 13
whether disciplinary action is to be taken, and if so, the 14
details of the disciplinary action; and 15
(c) an outline of the committee's understanding of the facts and 16
circumstances forming the basis for the committee's view that 17
the ground may exist; and 18
(d) when and where the disciplinary hearing is to be held. 19
(2) The disciplinary hearing notice must be dated not earlier than the day 20
the notice is given. 21
(3) The date the licensing committee fixes for the disciplinary hearing 22
must be at least 14 days after the date of the disciplinary hearing notice. 23
(4) The committee must include with the disciplinary hearing notice-- 24
(a) a copy of the preliminary notice; and 25
(b) copies of all available written material held by the committee that 26
the committee reasonably considers to be relevant to the 27
proposed disciplinary hearing. 28
117 Disciplinary hearing a meeting of the licensing committee 29
The disciplinary hearing is held as, or as a part of, a meeting of the 30
licensing committee, and the provisions of this Act providing for the 31
s 118 70 s 118
Electrical Safety Bill 2002
holding of meetings of board committees apply to the meeting to the extent 1
the provisions are consistent with the provisions of this division. 2
118 Disciplinary hearing requirements 3
(1) When conducting the disciplinary hearing, the licensing 4
committee-- 5
(a) must comply with natural justice; and 6
(b) must act as quickly and with as little formality and technicality as 7
is consistent with appropriate consideration of the issues before 8
it; and 9
(c) is not bound by the rules of evidence; and 10
(d) may inform itself of anything in the way it considers appropriate; 11
and 12
(e) may adjourn the hearing at any time to make further enquiries or 13
for another purpose. 14
(2) Also, the licensing committee must-- 15
(a) at the start of the hearing, tell the person-- 16
(i) the facts and circumstances forming the basis for the 17
committee's view that the ground mentioned in the 18
preliminary notice and disciplinary hearing notice may exist 19
for taking disciplinary action against the person; and 20
(ii) what possible disciplinary action the licensing committee 21
may take against the person; and 22
(b) if asked by the person--explain to the person any aspect of the 23
committee's procedures or any decisions or rulings relating to the 24
hearing; and 25
(c) ensure the person has the fullest opportunity practicable to be 26
heard. 27
(3) The disciplinary hearing is not open to the public unless the licensing 28
committee otherwise decides. 29
(4) At the disciplinary hearing, the licensing committee may act in the 30
absence of the person if it reasonably believes that the requirements of this 31
Act for giving the holder the disciplinary hearing notice have been 32
followed. 33
s 119 71 s 121
Electrical Safety Bill 2002
119 Evidence and findings in other proceedings may be received or 1
adopted 2
During the disciplinary hearing the licensing committee may-- 3
(a) receive in evidence a transcript or part of a transcript of evidence 4
taken in a proceeding before a disciplinary body or a court, 5
tribunal or other entity constituted under the law of the State, the 6
Commonwealth, another State or a foreign country and draw 7
conclusions of fact from the evidence; or 8
(b) adopt as it considers appropriate decisions, findings, judgments 9
or reasons for judgment of a disciplinary body, court, tribunal or 10
entity that may be relevant to the disciplinary hearing. 11
120 Licensing committee to keep record of disciplinary hearing 12
(1) The licensing committee must keep a record of evidence given to it 13
for the disciplinary hearing. 14
(2) However, the licensing committee is not required to keep a transcript 15
of the disciplinary hearing. 16
121 Decision about taking disciplinary action 17
(1) As soon as practicable after completing the disciplinary hearing, the 18
licensing committee-- 19
(a) must decide whether the ground exists for taking disciplinary 20
action against the person; and 21
(b) if the committee decides that the ground exists for taking 22
disciplinary action against the person--must decide whether 23
disciplinary action is to be taken, and if so, the details of the 24
disciplinary action; and 25
(c) give the person a written notice informing the person of what the 26
committee has decided. 27
(2) If the committee decides that disciplinary action is to be taken 28
against the person, the written notice must include information notices for 29
the committee's decisions under subsection (1)(a) and (b). 30
(3) The disciplinary action takes effect on the day stated in the written 31
notice for the disciplinary action to take effect. 32
s 122 72 s 123
Electrical Safety Bill 2002
(4) The day stated in the written notice for the disciplinary action to take 1
effect must be not earlier than the day the notice is given. 2
(5) If the committee decides that disciplinary action is to be taken 3
against the person, and the person is the holder of an external licence, 4
notice of what the committee has decided, but not its reasons for decision, 5
must also be published in the industrial gazette. 6
(6) If disciplinary action taken against the person requires the person to 7
correct, or have corrected, a fault or defect in electrical work, the person 8
must comply with the requirement. 9
Maximum penalty for subsection (6)--100 penalty units. 10
PART 10--INSPECTORS AND ACCREDITED 11
AUDITORS 12
Division 1--Inspectors 13
122 Appointment and qualifications 14
(1) The chief executive may appoint any of the following persons as an 15
inspector-- 16
(a) an officer of the department; 17
(b) a person prescribed under a regulation. 18
(2) However, the chief executive may appoint a person as an inspector 19
only if-- 20
(a) the chief executive is satisfied the person is qualified for 21
appointment because the person has the necessary expertise or 22
experience; or 23
(b) the person has satisfactorily finished training approved by the 24
chief executive. 25
123 Appointment conditions and limit on powers 26
(1) An inspector holds office on any conditions stated in-- 27
s 124 73 s 125
Electrical Safety Bill 2002
(a) the inspector's instrument of appointment; or 1
(b) a signed notice given to the inspector; or 2
(c) a regulation. 3
(2) The instrument of appointment, a signed notice given to the inspector 4
or a regulation may limit the inspector's powers under this Act. 5
(3) In this section-- 6
"signed notice" means a notice signed by the chief executive. 7
124 Issue of identity card 8
(1) The chief executive must issue an identity card to each inspector. 9
(2) The identity card must-- 10
(a) contain a recent photo of the inspector; and 11
(b) contain a copy of the inspector's signature; and 12
(c) identify the person as an inspector under this Act; and 13
(d) state an expiry date for the card. 14
(3) This section does not prevent the issue of a single identity card to a 15
person for this Act and for other purposes. 16
17
Example for subsection (3)--
18
If the inspector is also an inspection officer under the Electricity Act, the regulator
19
under that Act, and the chief executive under this Act, could together issue a combined
20
identity card covering the purposes of both Acts.
125 Production or display of identity card 21
(1) In exercising a power under this Act in relation to a person, an 22
inspector must-- 23
(a) produce the inspector's identity card for the person's inspection 24
before exercising the power; or 25
(b) have the identity card displayed so it is clearly visible to the 26
person when exercising the power. 27
(2) However, if it is not practicable to comply with subsection (1), the 28
inspector must produce the identity card for the person's inspection at the 29
first reasonable opportunity. 30
s 126 74 s 128
Electrical Safety Bill 2002
(3) For subsection (1), an inspector does not exercise a power in relation 1
to a person only because the inspector, as authorised under this Act, 2
enters-- 3
(a) a public place when it is open to the public; or 4
(b) a place for the purpose of asking the occupier of the place for 5
consent to enter. 6
126 When inspector ceases to hold office 7
(1) An inspector ceases to hold office if any of the following happens-- 8
(a) the term of office stated in a condition of office ends; 9
(b) under another condition of office, the inspector ceases to hold 10
office; 11
(c) the inspector's resignation takes effect. 12
(2) Subsection (1) does not limit the ways an inspector may cease to hold 13
office. 14
(3) In this section-- 15
"condition of office" means a condition on which the inspector holds 16
office. 17
127 Resignation 18
(1) An inspector may resign by signed notice given to the chief 19
executive. 20
(2) However, if holding office as an inspector is a condition of the 21
inspector holding another office, the inspector may not resign as an 22
inspector without resigning from the other office. 23
128 Return of identity card 24
A person who ceases to be an inspector must return the person's identity 25
card to the chief executive within 21 days after ceasing to be an inspector 26
unless the person has a reasonable excuse. 27
Maximum penalty--40 penalty units. 28
s 129 75 s 131
Electrical Safety Bill 2002
Division 2--Accredited auditors 1
129 Appointment and qualifications 2
(1) The chief executive may appoint a person, whether or not an officer 3
of the department, as an accredited auditor. 4
(2) However, the chief executive may appoint a person as an accredited 5
auditor only if-- 6
(a) the person makes application for appointment in the way 7
prescribed under a regulation; and 8
(b) either-- 9
(i) the chief executive is satisfied the person is qualified for 10
appointment because the person has the necessary expertise 11
or experience; or 12
(ii) the person has satisfactorily finished training approved by 13
the chief executive. 14
130 Appointment conditions and limit on powers 15
(1) An accredited auditor holds office on any conditions stated in-- 16
(a) the accredited auditor's instrument of appointment; or 17
(b) a signed notice given to the accredited auditor; or 18
(c) a regulation. 19
(2) The instrument of appointment, a signed notice given to the 20
accredited auditor or a regulation may limit the accredited auditor's powers 21
or functions under this Act. 22
(3) In this section-- 23
"signed notice" means a notice signed by the chief executive. 24
131 Issue of identity card 25
(1) The chief executive must issue an identity card to each accredited 26
auditor. 27
(2) The identity card must-- 28
(a) contain a recent photo of the accredited auditor; and 29
s 132 76 s 134
Electrical Safety Bill 2002
(b) contain a copy of the accredited auditor's signature; and 1
(c) identify the person as an accredited auditor under this Act; and 2
(d) state an expiry date for the card. 3
(3) This section does not prevent the issue of a single identity card to a 4
person for this Act and other purposes. 5
132 Production or display of identity card 6
(1) In exercising a power or performing a function under this Act in 7
relation to a person, an accredited auditor must produce the accredited 8
auditor's identity card for the person's inspection if asked by the person. 9
(2) However, if it is not practicable to comply with subsection (1), the 10
accredited auditor must produce the identity card for the person's 11
inspection at the first reasonable opportunity. 12
133 When accredited auditor ceases to hold office 13
(1) An accredited auditor ceases to hold office if any of the following 14
happens-- 15
(a) the term of office stated in a condition of office ends; 16
(b) under another condition of office, the accredited auditor ceases to 17
hold office; 18
(c) the accredited auditor's resignation takes effect. 19
(2) Subsection (1) does not limit the ways an accredited auditor may 20
cease to hold office. 21
(3) In this section-- 22
"condition of office" means a condition on which the accredited auditor 23
holds office. 24
134 Revocation of accredited auditor's appointment 25
The chief executive may revoke an accredited auditor's appointment. 26
s 135 77 s 137
Electrical Safety Bill 2002
135 Resignation 1
(1) An accredited auditor may resign by signed notice given to the chief 2
executive. 3
(2) However, if holding office as an accredited auditor is a condition of 4
the accredited auditor holding another office, the accredited auditor may 5
not resign as an accredited auditor without resigning from the other office. 6
136 Return of identity card 7
A person who ceases to be an accredited auditor must return the person's 8
identity card to the chief executive within 21 days after ceasing to be an 9
accredited auditor unless the person has a reasonable excuse. 10
Maximum penalty--40 penalty units. 11
PART 11--ENFORCEMENT 12
Division 1--Entry of places 13
137 Power to enter place 14
(1) An inspector may enter a place if-- 15
(a) its occupier consents to the entry; or 16
(b) it is a public place and the entry is made when it is open to the 17
public; or 18
(c) the entry is authorised by a warrant; or 19
(d) it is a workplace under the control of a person who has an 20
electrical safety obligation under this Act, and is 21
(i) open for carrying on business; or 22
(ii) otherwise open for entry; or 23
(e) the entry is urgently required to investigate the circumstances of 24
a serious electrical incident or dangerous electrical event. 25
(2) For the purpose of asking the occupier of a place for consent to enter, 26
an inspector may, without the occupier's consent or a warrant-- 27
s 138 78 s 138
Electrical Safety Bill 2002
(a) enter land around premises at the place to an extent that is 1
reasonable to contact the occupier; or 2
(b) enter part of the place the inspector reasonably considers 3
members of the public ordinarily are allowed to enter when they 4
wish to contact the occupier. 5
(3) Subsection (1)(d) does not authorise entry to a part of a workplace 6
where a person resides. 7
(4) An inspector who enters a workplace must not unnecessarily impede 8
any business being conducted at the workplace. 9
Division 2--Procedure for entry 10
138 Entry with consent 11
(1) This section applies if an inspector intends to ask an occupier of a 12
place to consent to the inspector or another inspector entering the place. 13
(2) Before asking for the consent, the inspector must tell the occupier-- 14
(a) the purpose of the entry; and 15
(b) that the occupier is not required to consent. 16
(3) If the consent is given, the inspector may ask the occupier to sign an 17
acknowledgment of the consent. 18
(4) The acknowledgment must state-- 19
(a) the occupier has been told-- 20
(i) the purpose of the entry; and 21
(ii) that the occupier is not required to consent; and 22
(b) the purpose of the entry; and 23
(c) the occupier gives the inspector consent to enter the place and 24
exercise powers under this part; and 25
(d) the time and date the consent was given. 26
(5) If the occupier signs the acknowledgment, the inspector must 27
immediately give a copy to the occupier. 28
(6) If-- 29
s 139 79 s 141
Electrical Safety Bill 2002
(a) an issue arises in a proceeding about whether the occupier 1
consented to the entry; and 2
(b) an acknowledgment complying with subsection (4) for the entry 3
is not produced in evidence; 4
the onus of proof is on the person relying on the lawfulness of the entry to 5
prove the occupier consented. 6
139 Procedure for entries in urgent circumstances 7
(1) This section applies if-- 8
(a) an inspector is intending to enter a place on the basis that the 9
entry is urgently required to investigate the circumstances of a 10
serious electrical incident or dangerous electrical event; and 11
(b) the occupier of the place is present at the place. 12
(2) Before entering the place, the inspector must do, or make a 13
reasonable attempt to do, the following things-- 14
(a) tell the occupier the purpose of the entry; 15
(b) tell the occupier the inspector is permitted under this Act to enter 16
the place without the occupier's consent. 17
140 Application for warrant 18
(1) An inspector may apply to a magistrate for a warrant for a place. 19
(2) The application must be sworn and state the grounds on which the 20
warrant is sought. 21
(3) The magistrate may refuse to consider the application until the 22
inspector gives the magistrate all the information the magistrate requires 23
about the application in the way the magistrate requires. 24
25
Example--
26
The magistrate may require additional information supporting the application to be
27
given by statutory declaration.
141 Issue of warrant 28
(1) The magistrate may issue a warrant only if the magistrate is satisfied 29
there are reasonable grounds for suspecting-- 30
s 142 80 s 142
Electrical Safety Bill 2002
(a) there is a particular thing or activity (the "evidence") that may 1
provide evidence of an offence against this Act; and 2
(b) the evidence is at the place, or, within the next 7 days, may be at 3
the place. 4
(2) The warrant must state-- 5
(a) that a stated inspector may, with necessary and reasonable help 6
and force-- 7
(i) enter the place and any other place necessary for entry; and 8
(ii) exercise the inspector's powers under this part; and 9
(b) the offence for which the warrant is sought; and 10
(c) the evidence that may be seized under the warrant; and 11
(d) the hours of the day or night when the place may be entered; and 12
(e) the date, within 14 days after the warrant's issue, the warrant 13
ends. 14
142 Special warrant 15
(1) An inspector may apply for a warrant (a "special warrant") by 16
phone, fax, radio or another form of communication if the inspector 17
considers it necessary because of-- 18
(a) urgent circumstances; or 19
(b) other special circumstances, including, for example, the 20
inspector's remote location. 21
(2) Before applying for the special warrant, the inspector must prepare 22
an application stating the grounds on which the warrant is sought. 23
(3) The inspector may apply for the special warrant before the 24
application is sworn. 25
(4) After issuing the special warrant, the magistrate must immediately 26
fax a copy ("facsimile warrant") to the inspector if it is reasonably 27
practicable to fax the copy. 28
(5) If it is not reasonably practicable to fax a copy to the inspector-- 29
(a) the magistrate must tell the inspector-- 30
(i) what the terms of the special warrant are; and 31
s 143 81 s 143
Electrical Safety Bill 2002
(ii) the date and time the special warrant is issued; and 1
(b) the inspector must complete a form of warrant (a "warrant 2
form") and write on it-- 3
(i) the magistrate's name; and 4
(ii) the date and time the magistrate issued the special warrant; 5
and 6
(iii) the terms of the special warrant. 7
(6) The facsimile warrant, or the warrant form properly completed by 8
the inspector, authorises the entry and the exercise of the other powers 9
stated in the special warrant issued. 10
(7) The inspector must, at the first reasonable opportunity, send to the 11
magistrate-- 12
(a) the sworn application; and 13
(b) if the inspector completed a warrant form--the completed 14
warrant form. 15
(8) On receiving the documents, the magistrate must attach them to the 16
special warrant. 17
(9) If-- 18
(a) an issue arises in a proceeding about whether an exercise of a 19
power was authorised by a special warrant; and 20
(b) the warrant is not produced in evidence; 21
the onus of proof is on the person relying on the lawfulness of the exercise 22
of the power to prove a special warrant authorised the exercise of the 23
power. 24
143 Warrant--procedure before entry 25
(1) This section applies if an inspector named in a warrant issued under 26
this part for a place is intending to enter the place under the warrant. 27
(2) Before entering the place, the inspector must do or make a 28
reasonable attempt to do the following things-- 29
(a) identify himself or herself to a person present at the place who is 30
an occupier of the place by producing a copy of the inspector's 31
identity card or other document evidencing the inspector's 32
appointment; 33
s 144 82 s 144
Electrical Safety Bill 2002
(b) give the person a copy of the warrant or if the entry is authorised 1
by a facsimile warrant or warrant form, a copy of the facsimile 2
warrant or warrant form; 3
(c) tell the person the inspector is permitted by the warrant to enter 4
the place; 5
(d) give the person an opportunity to allow the inspector immediate 6
entry to the place without using force. 7
(3) However, the inspector need not comply with subsection (2) if the 8
inspector believes on reasonable grounds that immediate entry to the place 9
is required to ensure the effective execution of the warrant is not frustrated. 10
Division 3--General powers of inspectors 11
144 General powers after entering place 12
(1) This section applies to an inspector who enters a place. 13
(2) However, if an inspector enters a place to get the occupier's consent 14
to enter a place, this section applies to the inspector only if the consent is 15
given or the entry is otherwise authorised. 16
(3) For monitoring and enforcing compliance with this Act, the inspector 17
may-- 18
(a) search any part of the place; or 19
(b) inspect, measure, test, photograph or film any part of the place or 20
anything at the place; or 21
(c) take a thing, or a sample of or from a thing, at the place for 22
analysis or testing; or 23
(d) copy a document at the place; or 24
(e) make inquiries or conduct surveys and tests to assess-- 25
(i) the degree of electrical risk to persons or property existing 26
at the place; or 27
(ii) standards of electrical safety existing at the place; or 28
(f) inquire into the circumstances and probable causes of any serious 29
electrical incident or dangerous electrical event at the place; or 30
s 145 83 s 145
Electrical Safety Bill 2002
(g) take into or onto the place any persons, equipment and materials 1
the inspector reasonably requires for exercising a power under 2
this part; or 3
(h) require a person at the place to give the inspector reasonable help 4
to exercise the inspector's powers under paragraphs (a) to (f); or 5
(i) require a person at the place to answer questions by the inspector 6
to help the inspector ascertain whether this Act is being or has 7
been complied with. 8
(4) When making a requirement mentioned in subsection (3)(h) or (i), 9
the authorised officer must warn the person it is an offence to fail to 10
comply with the requirement, unless the person has a reasonable excuse. 11
(5) A person given a requirement under subsection (3)(h) or (i) must 12
comply with the requirement, unless the person has a reasonable excuse. 13
Maximum penalty--100 penalty units. 14
(6) It is a reasonable excuse for the person to fail to comply with the 15
requirement that complying with the requirement might tend to incriminate 16
the person. 17
(7) A reasonable excuse does not include a matter of mere convenience. 18
145 Power to seize evidence 19
(1) An inspector who enters a place under this part, other than with a 20
warrant, may seize a thing at the place if-- 21
(a) the inspector reasonably believes the thing is evidence of an 22
offence against this Act; and 23
(b) for an entry made with the occupier's consent--seizure of the 24
thing is consistent with the purpose of entry as told to the 25
occupier when asking for the occupier's consent. 26
(2) An inspector who enters a place with a warrant may seize the 27
evidence for which the warrant was issued. 28
(3) An inspector may also seize anything else at a place the inspector 29
enters under this part if the inspector reasonably believes-- 30
(a) the thing is evidence of an offence against this Act; and 31
(b) the seizure is necessary to prevent the thing being hidden, lost or 32
destroyed or used to continue or repeat the offence. 33
s 146 84 s 147
Electrical Safety Bill 2002
(4) Also, an inspector may seize a thing at a place the inspector enters 1
under this part if the inspector reasonably believes it has just been used in 2
committing an offence against this Act. 3
146 Inspector's power to seize unsafe electrical equipment 4
(1) This section applies if-- 5
(a) an inspector enters a place under this part; and 6
(b) the inspector reasonably believes that-- 7
(i) persons or property at the place are at electrical risk from 8
electrical equipment at the place; and 9
(ii) it is urgent that the inspector take action to prevent, remove 10
or minimise the risk. 11
(2) The inspector may seize the electrical equipment. 12
147 Powers supporting seizure 13
(1) Having seized a thing, whether or not electrical equipment, an 14
inspector may-- 15
(a) move the thing from the place where it was seized (the "place of 16
seizure"); or 17
(b) leave the thing at the place of seizure but take reasonable action 18
to restrict access to it and, if the thing is electrical equipment, to 19
disconnect it from its supply of electricity to the extent 20
considered appropriate; or 21
22
Examples of restricting access to a thing--
23
· Sealing a main switch and marking it to restrict its operation.
24
· Disconnecting a faulty power circuit from supply.
25
· Sealing the entrance to a room where the seized thing is situated and
26
marking it to show access to it is restricted.
(c) if the thing is electrical equipment--dismantle it or cause it to be 27
dismantled. 28
(2) An inspector may direct an electricity entity to give the inspector the 29
help the inspector reasonably requires to disconnect electrical equipment 30
under subsection (1)(b). 31
s 147 85 s 147
Electrical Safety Bill 2002
(3) An electricity entity must comply with a direction under 1
subsection (2). 2
(4) If an inspector restricts access to a seized thing, a person must not 3
tamper, or attempt to tamper, with the thing or something restricting access 4
to the thing without an inspector's approval. 5
Maximum penalty--100 penalty units. 6
(5) If an inspector disconnects seized electrical equipment from its 7
supply of electricity, a person must not reconnect, or attempt to reconnect, 8
the electrical equipment to a source of supply without an inspector's 9
approval. 10
Maximum penalty--100 penalty units. 11
(6) To enable a thing to be seized, an inspector may require the person in 12
control of it-- 13
(a) to take it to a stated reasonable place by a stated reasonable time; 14
and 15
(b) if necessary, to remain in control of it at the stated place for a 16
reasonable time. 17
(7) The requirement-- 18
(a) must be made by notice in the approved form; or 19
(b) if it is not practicable to give the notice, may be made orally and 20
confirmed by notice in the approved form as soon as practicable. 21
(8) A further requirement may be made under this section in relation to 22
the same thing if it is necessary and reasonable to make the further 23
requirement. 24
(9) A person of whom a requirement is made under subsection (6) or (8) 25
must comply with the requirement unless the person has a reasonable 26
excuse for not complying. 27
Maximum penalty--100 penalty units. 28
(10) Subject to the provisions of this part providing for compensation, 29
the cost of complying with subsection (6) or (8) must be borne by the 30
person. 31
(11) For this section, a person is "in control" of a thing, other than 32
electrical equipment, if the person has, or reasonably appears to an 33
inspector to have, authority to exercise control over the thing. 34
s 148 86 s 150
Electrical Safety Bill 2002
148 Inspector may require thing's return 1
(1) If an inspector has required a person to take a thing to a stated place 2
by a stated reasonable time under this division, the inspector may require 3
the person to return the thing to the place from which it was taken. 4
(2) A person of whom the requirement is made under subsection (1) 5
must comply with the requirement, unless the person has a reasonable 6
excuse. 7
Maximum penalty--100 penalty units. 8
(3) Subject to the provisions of this part providing for compensation, the 9
cost of complying with subsection (1) must be borne by the person. 10
149 Receipt for seized thing 11
(1) As soon as practicable after an inspector seizes a thing, the inspector 12
must give a receipt for it to the person from whom it was seized. 13
(2) However, if it is not practicable to comply with subsection (1), the 14
inspector must leave the receipt in a conspicuous position and in a 15
reasonably secure way at the place of seizure. 16
(3) The receipt must describe generally the thing seized and its 17
condition. 18
(4) This section does not apply to a thing if it is impracticable or would 19
be unreasonable to give the receipt required by the section, given the 20
thing's nature, condition and value. 21
150 Forfeiture of seized thing 22
(1) A seized thing is forfeited to the State if the inspector who seized the 23
thing-- 24
(a) can not find its owner after making reasonable inquiries; or 25
(b) can not return it to its owner, after making reasonable efforts; or 26
(c) reasonably believes it is necessary to keep the thing to prevent it 27
being used to commit an offence against this Act. 28
(2) Subsection (1)(a) does not require the inspector to make inquiries if 29
it would be unreasonable to make inquiries to find the owner, and 30
subsection (1)(b) does not require the inspector to make efforts if it would 31
be unreasonable to make efforts to return the thing to its owner. 32
s 151 87 s 152
Electrical Safety Bill 2002
(3) If the inspector decides to forfeit a thing under subsection (1)(c), the 1
inspector must tell the owner of the decision by written notice. 2
(4) Subsection (3) does not apply if-- 3
(a) the inspector can not find its owner, after making reasonable 4
inquiries; or 5
(b) it is impracticable or would be unreasonable to give the notice. 6
(5) The written notice must include an information notice for the 7
decision. 8
(6) In deciding whether, and if so what, inquiries or efforts are 9
reasonable, or whether it would be unreasonable to give notice about a 10
thing, regard must be had to the thing's nature, condition and value. 11
151 Return of seized thing 12
(1) If a seized thing has not been forfeited, the inspector must return it to 13
its owner-- 14
(a) at the end of 6 months; or 15
(b) if a proceeding for an offence involving it is started within 16
6 months, at the end of the proceeding and any appeal from the 17
proceeding. 18
(2) However, unless the thing has been forfeited, the inspector must 19
immediately return a thing seized as evidence to its owner if the inspector 20
stops being satisfied its continued retention as evidence is necessary. 21
152 Access to seized thing 22
(1) Until a seized thing is forfeited or returned, an inspector must allow 23
its owner to inspect it and, if it is a document, to copy it. 24
(2) Subsection (1) does not apply if it is impracticable or would be 25
unreasonable to allow the inspection or copying. 26
s 153 88 s 153
Electrical Safety Bill 2002
Division 4--Improvement notices, electrical safety protection notices and 1
unsafe equipment notices 2
153 Improvement notice 3
(1) This section applies if an inspector reasonably believes that a 4
person-- 5
(a) is contravening a provision of this Act; or 6
(b) has contravened a provision in circumstances that make it likely 7
that the contravention will continue or be repeated. 8
(2) The inspector may direct the person to remedy-- 9
(a) the contravention or likely contravention; or 10
(b) the things or operations causing the contravention or likely 11
contravention. 12
(3) The direction under subsection (2) may be given orally, but must be 13
confirmed by written notice ("improvement notice") given to the person 14
as soon as practicable. 15
(4) An improvement notice must state-- 16
(a) that the inspector believes the person-- 17
(i) is contravening a provision of this Act; or 18
(ii) has contravened a provision in circumstances that make it 19
likely that the contravention will continue or be repeated; 20
and 21
(b) the provision the inspector believes is being, or has been, 22
contravened; and 23
(c) briefly, how the provision is being contravened; and 24
(d) the action the person must take to remedy the contravention or 25
likely contravention; and 26
(e) the day before which the person is required to remedy the 27
contravention or likely contravention. 28
(5) The person must comply with-- 29
(a) the direction under subsection (2); and 30
s 154 89 s 154
Electrical Safety Bill 2002
(b) the improvement notice. 1
Maximum penalty for subsection (5)--40 penalty units. 2
154 Electrical safety protection notice 3
(1) This section applies if an inspector reasonably believes that 4
circumstances causing, or likely to cause, an immediate electrical risk to 5
persons or property have arisen at a place. 6
(2) The inspector may-- 7
(a) direct the person in control of any activity or electrical equipment 8
that caused, or is likely to cause, the circumstances to stop the 9
activity, or to stop using, or allowing to be used, the electrical 10
equipment; and 11
12
Example of direction--
13
A direction may be given requiring a person to stop selling, hiring, lending
14
or otherwise disposing of particular electrical equipment.
(b) disconnect electrical equipment from its supply of electricity to 15
the extent the inspector considers necessary to eliminate the 16
electrical risk. 17
(3) An inspector may direct an electricity entity to give the inspector the 18
help the inspector reasonably requires to disconnect electrical equipment 19
under subsection (2)(b). 20
(4) An electricity entity must comply with a direction under 21
subsection (3). 22
(5) The direction under subsection (2)(a) may be given orally, but must 23
be confirmed by written notice ("electrical safety protection notice") 24
given to the person as soon as practicable. 25
(6) The person must comply with-- 26
(a) the direction under subsection (2)(a); and 27
(b) the electrical safety protection notice. 28
Maximum penalty--40 penalty units or 6 months imprisonment. 29
(7) Subsection (2)(a) does not apply to an activity or use of electrical 30
equipment necessary to rectify the circumstances. 31
(8) An electrical safety protection notice must state-- 32
s 155 90 s 156
Electrical Safety Bill 2002
(a) the inspector believes that circumstances causing, or likely to 1
cause, an immediate electrical risk to persons or property have 2
arisen, or are likely to arise, at a place; and 3
(b) briefly, the circumstances that have caused or are likely to cause 4
the risk; and 5
(c) if the inspector believes the circumstances involve a 6
contravention, or likely contravention, of a provision of this 7
Act--the provision contravened or likely to be contravened; and 8
(d) the requirements that must be complied with before any electrical 9
equipment disconnected by the inspector from its supply of 10
electricity may be reconnected; and 11
(e) the circumstances, if any, under which the notice will be lifted. 12
(9) For this section, a person is "in control" of an activity if the person 13
has, or reasonably appears to have, authority to exercise control over the 14
activity. 15
155 Unsafe equipment notice 16
(1) This section applies if an inspector reasonably believes that electrical 17
equipment is so defective or hazardous that it is likely to cause a serious 18
electrical incident. 19
(2) The inspector may, by written notice ("unsafe equipment notice"), 20
require the owner to make the electrical equipment-- 21
(a) harmless; or 22
(b) incapable of operation. 23
(3) The owner must comply with the unsafe equipment notice, unless the 24
owner has a reasonable excuse for not complying. 25
Maximum penalty for subsection (3)--100 penalty units. 26
156 Order to secure compliance with notices 27
(1) This section applies if it appears to the chief executive-- 28
(a) that a person to whom an inspector has issued an improvement 29
notice, an electrical safety protection notice or an unsafe 30
equipment notice has contravened this Act by failing to comply 31
with the notice; and 32
s 157 91 s 157
Electrical Safety Bill 2002
(b) because of the failure, there is an imminent risk of a serious 1
electrical incident happening. 2
(2) The chief executive may make application to the Supreme Court for 3
an order that the person comply with the notice. 4
(3) If the court is satisfied that there is an imminent risk of a serious 5
electrical incident happening because of the contravention, the court may 6
make any order it considers appropriate in the circumstances. 7
(4) In addition to any other liability a person may incur for breach of the 8
order, the person also commits an offence against this section. 9
Maximum penalty for subsection (4)--200 penalty units or 6 months 10
imprisonment. 11
Division 5--Other investigative powers 12
157 Power to require name and address 13
(1) This section applies if-- 14
(a) an inspector finds a person committing an offence against this 15
Act; or 16
(b) an inspector finds a person in circumstances that lead, or has 17
information that leads, the inspector reasonably to suspect the 18
person has just committed an offence against this Act. 19
(2) The inspector may require the person to state the person's name and 20
residential address. 21
(3) When making the requirement, the inspector must warn the person it 22
is an offence to fail to state the person's name or residential address, unless 23
the person has a reasonable excuse. 24
(4) The inspector may require the person to give the inspector evidence 25
of the correctness of the stated name or address if the inspector reasonably 26
suspects the stated name or address is false. 27
(5) A person must comply with a requirement under subsection (2) 28
or (4), unless the person has a reasonable excuse. 29
Maximum penalty--40 penalty units. 30
(6) The person does not commit an offence against subsection (5) if-- 31
s 158 92 s 158
Electrical Safety Bill 2002
(a) the person was required to state the person's name and address 1
by an inspector who suspected the person had committed an 2
offence against this Act; and 3
(b) the person is not proved to have committed the offence. 4
158 Power to require production of certain documents 5
(1) An inspector may require a person to make available for inspection 6
by an inspector, or produce to the inspector for inspection, at a reasonable 7
time and place nominated by the inspector-- 8
(a) a document issued to the person under this Act or required to be 9
kept by the person under this Act; or 10
(b) a document other than a document mentioned in paragraph (a), 11
if-- 12
(i) the person has access to the document; and 13
(ii) the document relates, or is related, to an obligation the 14
person has under this Act. 15
(2) A person given a requirement under subsection (1) must comply with 16
the requirement unless the person has a reasonable excuse for not 17
complying. 18
Maximum penalty--200 penalty units. 19
(3) It is a reasonable excuse for the person not to comply with the 20
requirement if complying with the requirement might tend to incriminate 21
the person. 22
(4) The inspector may keep the document to copy it. 23
(5) The inspector must return the document to the person as soon as 24
practicable after copying it. 25
(6) If the inspector copies the document, or an entry in the document, the 26
inspector may require the person responsible for keeping the document to 27
certify the copy as a true copy of the document or entry. 28
(7) The person responsible for keeping the document must comply with 29
the requirement, unless the person has a reasonable excuse for not 30
complying. 31
Maximum penalty for subsection (7)--100 penalty units. 32
s 159 93 s 160
Electrical Safety Bill 2002
Division 6--Other enforcement matters 1
159 Analysis of sample 2
(1) The chief executive may have a sample taken by an inspector 3
analysed. 4
(2) A person must not, with intent to adversely affect the analysis of a 5
thing-- 6
(a) tamper with the thing before an inspector takes a sample of the 7
thing for analysis; or 8
(b) tamper with a sample of a thing after it is taken by an inspector 9
for analysis. 10
Maximum penalty--100 penalty units. 11
(3) If a particular method of analysis has been prescribed under a 12
regulation, the analyst must follow the method. 13
(4) The chief executive must obtain from the analyst a certificate or 14
report stating the analysis result. 15
160 Compensation 16
(1) A person may claim compensation from the State if the person incurs 17
loss or expense because of the exercise or purported exercise of a power 18
under any of the following provisions, including, for example, in 19
complying with a requirement made of the person-- 20
(a) divisions 1 to 3; 21
(b) division 5; 22
(c) this division; 23
(d) division 7, other than in relation to the exercise by a temporary 24
inspector of a power under division 4. 25
(2) Compensation may be claimed and ordered in a proceeding-- 26
(a) brought in a court with jurisdiction for the recovery of the 27
amount of compensation claimed; or 28
(b) for an offence against this Act brought against the person 29
claiming compensation. 30
s 161 94 s 163
Electrical Safety Bill 2002
(3) A court may order compensation to be paid only if it is satisfied it is 1
just to make the order in the circumstances of the particular case. 2
(4) A regulation may prescribe matters that may, or must, be taken into 3
account by the court when considering whether it is just to make the order. 4
161 Forfeiture on conviction 5
(1) On the conviction of a person for an offence against this Act, the 6
court may order the forfeiture to the State of anything used to commit the 7
offence or anything else the subject of the offence. 8
(2) The court may make the order-- 9
(a) whether or not the thing has been seized under this Act; and 10
(b) if the thing has been seized--whether or not the thing has been 11
returned to its owner. 12
(3) The court may make any order to enforce the forfeiture it considers 13
appropriate. 14
(4) This section applies to a thing only if the court is satisfied that the 15
thing caused or may cause a serious electrical incident. 16
(5) This section does not limit the court's powers under the Penalties 17
and Sentences Act 1992 or another law. 18
162 Dealing with forfeited thing 19
(1) On the forfeiture of a thing to the State, the thing becomes the State's 20
property and may be dealt with by the chief executive as the chief 21
executive considers appropriate. 22
(2) Without limiting subsection (1), the chief executive may destroy it. 23
163 Inspector to give notice of damage 24
(1) This section applies if-- 25
(a) an inspector damages something when exercising or purporting 26
to exercise a power; or 27
(b) a person (the "other person") acting under the direction of an 28
inspector damages something. 29
s 164 95 s 164
Electrical Safety Bill 2002
(2) The inspector must promptly give written notice of particulars of the 1
damage to the person who appears to be the owner of the thing. 2
(3) If the inspector believes the damage was caused by a latent defect in 3
the thing or circumstances beyond the inspector's or other person's control, 4
the inspector may state it in the notice. 5
(4) If it is impracticable to comply with subsection (2), the inspector 6
must leave the notice in a conspicuous position and in a reasonably secure 7
way where the damage happened. 8
(5) This section does not apply to damage the inspector reasonably 9
believes is trivial. 10
(6) In this section-- 11
"owner", of a thing, includes the person in possession or control of it. 12
164 Provision of information by retail entity 13
(1) A retail entity must, in the way and at the times the chief executive 14
reasonably requires, give the chief executive information, prescribed under 15
a regulation, the retail entity holds about-- 16
(a) premises for which, under the Electricity Act, the retail entity 17
provides customer retail services; and 18
(b) persons who, under the Electricity Act, are customers of the retail 19
entity, and who own or occupy premises mentioned in 20
paragraph (a). 21
(2) An official may use information given to the chief executive by a 22
retail entity under subsection (1) only for administering and enforcing this 23
Act. 24
(3) In this section-- 25
"official" means-- 26
(a) the chief executive; or 27
(b) an inspector. 28
"retail entity" means a retail entity under the Electricity Act. 29
s 165 96 s 166
Electrical Safety Bill 2002
Division 7--Emergency appointments 1
165 Appointment of temporary inspector 2
(1) This division applies if-- 3
(a) the chief executive considers that an inspector is required 4
urgently to enter a place and investigate the circumstances of a 5
serious electrical incident or dangerous electrical event at the 6
place; and 7
(b) there is no inspector available to enter the place and investigate 8
the circumstances. 9
(2) The chief executive may appoint a person as a temporary inspector to 10
exercise the powers of an inspector for the place. 11
(3) The person appointed as a temporary inspector need not be a person 12
who could be appointed as an inspector. 13
(4) However, the chief executive may appoint the person as a temporary 14
inspector only if the chief executive is satisfied the person has the 15
necessary expertise or experience for what the temporary inspector can 16
reasonably be expected to have to do. 17
(5) If practicable, the chief executive must give the temporary inspector a 18
document evidencing the temporary inspector's appointment. 19
166 Exercise of powers by temporary inspector 20
(1) The temporary inspector has all the powers in relation to the place, 21
including any person or thing at the place, that an inspector has under this 22
part. 23
(2) However, the temporary inspector must not exercise a power unless 24
the temporary inspector is directed by an inspector to exercise the power, 25
whether by phone, fax or another form of communication. 26
(3) In exercising a power, the temporary inspector must-- 27
(a) comply with any conditions the inspector directing the exercise 28
of power attaches to the direction; and 29
(b) to the greatest practicable extent, show each person affected by 30
the exercise of the power the document evidencing his or her 31
appointment. 32
s 167 97 s 167
Electrical Safety Bill 2002
(4) Subject to subsections (1) to (3), the temporary inspector is taken to 1
be an inspector under this Act. 2
PART 12--REVIEWS AND APPEALS 3
Division 1--Interpretation 4
167 Definitions for pt 12 5
In this part-- 6
"confirmation notice" see section 169. 7
"decision" does not include a decision of the chief executive under part 3.6 8
"disciplinary decision" means a decision of the licensing committee 9
about-- 10
(a) whether to take disciplinary action against the holder of an 11
electrical licence; or 12
(b) what disciplinary action to take against the holder of an electrical 13
licence. 14
"original chief executive decision" means a decision made by the chief 15
executive personally, other than a decision about the issue, renewal or 16
reinstatement of an electrical licence. 17
"original decision" means a decision of the chief executive or an inspector 18
under this Act, other than an original chief executive decision. 19
"review decision" see section 170. 20
"review entity" means-- 21
(a) for a decision of the chief executive about the issue, renewal or 22
reinstatement of an electrical licence--the licensing committee; 23
or 24
(b) otherwise--the chief executive. 25
6 Part 3 (Enforceable undertakings)
s 168 98 s 170
Electrical Safety Bill 2002
Division 2--Review of decisions 1
168 Application for review 2
A person whose interests are affected by an original decision may apply 3
under this division for the decision to be reviewed. 4
169 Procedure for review 5
(1) The application must-- 6
(a) be made in the approved form to the review entity; and 7
(b) be supported by enough information to enable the review entity 8
to decide the application. 9
(2) If the application is for the review of a decision to forfeit a thing, the 10
application must be made to the review entity within-- 11
(a) 28 days after the day the applicant receives notice of the original 12
decision; or 13
(b) the longer period the review entity in special circumstances 14
allows. 15
(3) If the application is for the review of another decision, the 16
application must be made to the review entity within-- 17
(a) 14 days after the day the applicant receives notice of the original 18
decision; or 19
(b) the longer period the review entity in special circumstances 20
allows. 21
(4) The longer period the review entity allows under subsection (2)(b) or 22
(3)(b) must not be longer than 2 months after the day the person receives 23
notice of the original decision. 24
(5) If the review entity is satisfied the applicant has complied with 25
subsection (1), the review entity must immediately give the applicant 26
written notice ("confirmation notice") of the fact. 27
170 Review of decision 28
(1) The review entity must review the original decision and make a 29
decision ("review decision")-- 30
s 171 99 s 171
Electrical Safety Bill 2002
(a) to confirm the original decision; or 1
(b) to vary the original decision; or 2
(c) to set aside the original decision and make a decision in 3
substitution for the decision set aside. 4
(2) The review under subsection (1) must be made-- 5
(a) if the review entity is the chief executive--within 14 days after 6
giving the confirmation notice; or 7
(b) if the review entity is the licensing committee--as soon as 8
practicable after giving the confirmation notice. 9
(3) If the review entity is the chief executive, the application must not be 10
dealt with by-- 11
(a) the person who made the original decision; or 12
(b) a person in a less senior office than the person who made the 13
original decision. 14
(4) Within 14 days after making the review decision, the review entity 15
must give written notice of the decision to the applicant. 16
(5) The notice must include an information notice for the decision. 17
(6) The applicant may appeal against the original decision under 18
division 3 if the review entity-- 19
(a) does not review the original decision within the time allowed 20
under subsection (2); or 21
(b) having reviewed the decision, does not tell the applicant of the 22
review decision within the time allowed under subsection (4). 23
171 Stay of operation of original decision 24
(1) If a person applies for a decision to be reviewed, the person may 25
immediately apply to the industrial court for a stay of the decision. 26
(2) The court may stay the decision to secure the effectiveness of the 27
review and any later appeal to the court. 28
(3) A stay-- 29
(a) may be given on conditions the court considers appropriate; and 30
(b) operates for the period fixed by the court; and 31
s 172 100 s 173
Electrical Safety Bill 2002
(c) may be revoked or amended by the court. 1
(4) The period of a stay must not extend past when the review entity 2
reviews the decision and any later period the court allows the person to 3
appeal against the decision. 4
(5) An application made for the review of a decision affects the decision, 5
or the carrying out of the decision, only if the decision is stayed. 6
Division 3--Appeals 7
172 Appeal 8
(1) A person whose interests are affected by a disciplinary decision, 9
original chief executive decision, original decision or review decision may 10
appeal against the decision to the industrial court. 11
(2) The person has a right to receive a statement of the reasons for the 12
decision if the person has not been given an information notice for the 13
decision. 14
173 How to start appeal 15
(1) An appeal is started by-- 16
(a) filing written notice of appeal with the registrar of the industrial 17
court; and 18
(b) complying with rules of court applying to the appeal. 19
(2) The notice of appeal must be filed within 30 days after-- 20
(a) if the appeal is from a disciplinary decision--the day the 21
applicant receives notice of the decision of the licensing 22
committee about the taking of disciplinary action against the 23
applicant as holder of an electrical licence; or 24
(b) if the appeal is from an original chief executive decision or an 25
original decision--the day the appellant receives notice of the 26
decision; or 27
(c) if the appeal is from a review decision--the day the appellant 28
receives reasons for the review decision. 29
(3) The court may at any time extend the period for filing the notice 30
of appeal. 31
s 174 101 s 176
Electrical Safety Bill 2002
(4) The notice of appeal must state fully the grounds of the appeal and 1
the facts relied on. 2
174 Stay of operation of decisions 3
(1) The industrial court may grant a stay of a decision appealed against 4
to secure the effectiveness of the appeal. 5
(2) A stay-- 6
(a) may be given on the conditions the court considers appropriate; 7
and 8
(b) operates for the period fixed by the court; and 9
(c) may be revoked or amended by the court. 10
(3) The period of a stay must not extend past when the court decides the 11
appeal. 12
(4) An appeal against a decision affects the decision, or carrying out of 13
the decision, only if the decision is stayed. 14
175 Hearing procedure 15
(1) The procedure for an appeal must be in accordance with the rules of 16
court applying to the appeal or, if the rules make no provision or 17
insufficient provision, in accordance with directions of the industrial court. 18
(2) An appeal is by way of rehearing, unaffected by the decision of the 19
entity that made the decision appealed against. 20
176 Assessors 21
(1) If the industrial court is satisfied the appeal involves an issue of 22
special knowledge and skill, the court may appoint 1 or more assessors to 23
help in the appeal. 24
(2) The role of an assessor is as follows-- 25
(a) to advise the court about matters within the assessor's knowledge 26
or experience that are relevant to a question; 27
(b) to help the court in the conduct of the proceeding in a way the 28
court considers appropriate. 29
s 177 102 s 180
Electrical Safety Bill 2002
177 Powers of court on appeal 1
(1) In deciding an appeal, the industrial court may-- 2
(a) confirm the decision appealed against; or 3
(b) vary the decision appealed against; or 4
(c) set aside the decision appealed against and make a decision in 5
substitution for the decision set aside; or 6
(d) set aside the decision appealed against and return the issue to the 7
decision maker with directions the court considers appropriate. 8
(2) If on appeal the court acts under subsection (1)(b) or (c), the decision 9
is taken, for this Act (other than this part), to be that of the entity that made 10
the decision appealed against. 11
PART 13--PROCEEDINGS AND OFFENCES 12
Division 1--Evidence 13
178 Application of div 1 14
This division applies to a proceeding under this Act. 15
179 Proof of appointment and authority unnecessary 16
It is not necessary to prove-- 17
(a) the appointment of the chief executive or an inspector; or 18
(b) the authority of the chief executive or an inspector to do anything 19
under this Act. 20
180 Proof of signature 21
A signature purporting to be the signature of the chief executive or an 22
inspector is evidence of the signature it purports to be. 23
s 181 103 s 181
Electrical Safety Bill 2002
181 Evidentiary aids 1
(1) A certificate stating any of the following matters is evidence of the 2
matter-- 3
(a) a stated document is-- 4
(i) an appointment or approval or a copy of an appointment or 5
approval; or 6
(ii) an improvement notice, electrical safety protection notice or 7
unsafe equipment notice, or a copy of an improvement 8
notice, electrical safety protection notice or unsafe 9
equipment notice; or 10
(iii) a decision, or a copy of a decision, given or made under this 11
Act; or 12
(iv) a record or document, a copy of a record or document, an 13
extract from a record or document or a copy of an extract 14
from a record or document, kept under this Act; 15
(b) on a stated day, or for a stated period, a stated certificate, 16
registration, approval or appointment was, or was not, in force 17
for a stated person, place or thing; 18
(c) on a stated day, or for a stated period, a stated person was or was 19
not the holder of an electrical licence; 20
(d) a stated electrical licence was or was not subject to conditions or 21
restrictions stated in the certificate; 22
(e) on a stated day, or for a stated period, a standard issued or 23
published by the Electricity Supply Association of Australia, the 24
National Occupational Health and Safety Commission or 25
Standards Australia, or something in the standard, was or was not 26
in force; 27
(f) on a stated day a stated person was given a stated direction or 28
notice under this Act; 29
(g) a stated amount is payable under this Act by a stated person and 30
has not been paid; 31
(h) an instrument, item of equipment or installation was used in 32
accordance with conditions prescribed under a document for its 33
use. 34
(2) A document purporting to be published by or under the authority of 35
the Electricity Supply Association of Australia, the National Occupational 36
s 182 104 s 182
Electrical Safety Bill 2002
Health and Safety Commission or Standards Australia is evidence of the 1
matters appearing on and in the document. 2
(3) In a complaint starting a proceeding, a statement that the matter of 3
the complaint came to the complainant's knowledge on a stated day is 4
evidence of the matter. 5
(4) An instrument, item of equipment or installation used by an inspector 6
or analyst in accordance with the conditions prescribed under a relevant 7
document for its use is taken to be accurate and precise in the absence of 8
evidence to the contrary. 9
(5) In this section-- 10
"certificate" means a certificate purporting to be signed by the chief 11
executive or an inspector. 12
182 Expert report 13
(1) An expert report is admissible in evidence, whether or not the person 14
making the report (the "expert") attends to give oral evidence. 15
(2) However, if the expert does not attend to give oral evidence, the 16
report is admissible only with the court's leave. 17
(3) In deciding whether to grant leave, the court must have regard to the 18
following-- 19
(a) the contents of the report; 20
(b) why the expert does not intend to give oral evidence; 21
(c) the risk that the report's admission in, or exclusion from, 22
evidence would be unfair to a party, having regard in particular to 23
the party's ability to controvert the contents of the report if the 24
expert does not give oral evidence; 25
(d) any other circumstance the court considers relevant. 26
(4) An expert report when admitted is evidence of a fact or opinion of 27
which the expert could have given oral evidence. 28
(5) In this section-- 29
"expert report" means a report made by a person dealing entirely or 30
mainly with issues the person is qualified to give expert evidence 31
about, but does not include an analyst's report. 32
s 183 105 s 186
Electrical Safety Bill 2002
183 Analyst's certificate or report 1
The production by the prosecutor or the defendant in a prosecution of a 2
signed analyst's report stating any of the following is evidence of them-- 3
(a) the analyst's qualifications; 4
(b) the analyst took, or received from a stated person, the sample 5
mentioned in the report; 6
(c) the analyst analysed the sample on a stated day, or during a stated 7
period, and at a stated place; 8
(d) the results of the analysis. 9
184 Certificate about action on electrical licence 10
A certificate of the commissioner or chief executive to the effect that a 11
particular action was taken by the licensing committee in relation to the 12
holder of an electrical licence is evidence of the action having been taken. 13
185 Use of code of practice 14
A document purporting to be a code of practice is admissible as evidence 15
of the code of practice if-- 16
(a) the proceeding relates to a failure to discharge a person's 17
electrical safety obligation; and 18
(b) the code of practice is about discharging the obligation. 19
Division 2--Other matters about proceedings 20
186 Proceeding for offence 21
(1) A prosecution for an offence against this Act is by way of a summary 22
proceeding before an industrial magistrate. 23
(2) A person dissatisfied with a decision of an industrial magistrate in a 24
proceeding brought under subsection (1) who desires to appeal must appeal 25
to the industrial court. 26
(3) The Industrial Relations Act 1999 applies with any necessary 27
changes to a proceeding before an industrial magistrate brought under 28
s 187 106 s 188
Electrical Safety Bill 2002
subsection (1) and to a proceeding on appeal before the industrial court 1
brought under subsection (2). 2
(4) More than 1 contravention of an electrical safety obligation may be 3
charged as a single charge if the acts or omissions giving rise to the 4
claimed contravention happened within the same period and at the same 5
place. 6
(5) A prosecution for an offence against this Act must be commenced by 7
complaint of an inspector or someone else authorised by the Minister or the 8
chief executive. 9
(6) In this section-- 10
"person dissatisfied", with a decision in a proceeding, means-- 11
(a) a party to the proceeding; or 12
(b) a person bound by the decision; or 13
(c) if an inspector started the proceeding--any inspector. 14
187 Limitation on time for starting proceedings 15
A proceeding for an offence against this Act must start-- 16
(a) within 1 year after the commission of the offence; or 17
(b) within 6 months after the offence comes to the chief executive's 18
knowledge but within 3 years after the commission of the 19
offence. 20
188 Responsibility for act or omission of representative 21
(1) Subsections (2) and (3) apply in a proceeding for an offence against a 22
provision, other than the obligation offence provision, of this Act. 23
(2) If it is relevant to prove a person's state of mind about a particular act 24
or omission, it is enough to show-- 25
(a) the act was done or omitted to be done by a representative of the 26
person within the scope of the representative's actual or apparent 27
authority; and 28
(b) the representative had the state of mind. 29
(3) An act done or omitted to be done for a person by a representative of 30
the person within the scope of the representative's actual or apparent 31
authority is taken to have been done or omitted to be done also by the 32
s 189 107 s 190
Electrical Safety Bill 2002
person, unless the person proves the person could not, by the exercise of 1
reasonable diligence, have prevented the act or omission. 2
(4) In this section-- 3
"representative" means-- 4
(a) of a corporation--an executive officer, employee or agent of the 5
corporation; or 6
(b) of an individual--an employee or agent of the individual. 7
"state of mind", of a person, includes-- 8
(a) the person's knowledge; and 9
(b) the person's intention, opinion, belief or purpose and the reasons 10
for the person's intention, opinion, belief or purpose. 11
189 Costs of investigation 12
(1) On the conviction of a person for an offence against this Act, the 13
court may order the person to pay the department's reasonable costs of 14
investigating the offence and preparing for the prosecution of the offence. 15
(2) This section does not limit the orders for costs the court may make. 16
190 Recovery of fee 17
(1) A fee payable under this Act and not paid may be recovered by the 18
chief executive-- 19
(a) in summary proceedings under the Justices Act 1886; or 20
(b) by action for a debt. 21
(2) A fee may also be recovered in a proceeding for an offence against 22
this Act. 23
(3) Also, an order made under subsection (2) is enforceable under the 24
Justices Act 1886 as an order for payment of money made by a magistrate 25
under that Act. 26
(4) If an order is made under subsection (2)-- 27
(a) the order may be filed in the registry of a Magistrates Court 28
under the Magistrates Courts Act 1921; and 29
(b) on being filed, is taken to be an order made by a Magistrates 30
Court and may be enforced accordingly. 31
s 191 108 s 193
Electrical Safety Bill 2002
191 Charge for offence against obligation offence provision 1
(1) This section applies to an offence against the obligation offence 2
provision for a failure to discharge the electrical safety obligation imposed 3
on an employer or self-employed person under part 2.7 4
(2) A complaint against a person for the offence may allege in the 5
alternative that the person committed the offence as employer or 6
self-employed person. 7
(3) A person may be convicted on the complaint on proof that the person 8
committed the offence either as employer or self-employed person without 9
further proof of the capacity in which the person committed the offence. 10
192 Disciplinary action and offences 11
The taking of disciplinary action against the holder of an electrical 12
licence does not prevent-- 13
(a) prosecution of the holder for an offence arising from the facts or 14
circumstances on which the taking of disciplinary action is 15
based; or 16
(b) a court from imposing a penalty for an offence mentioned in 17
paragraph (a) after the court takes into account the disciplinary 18
action taken. 19
Division 3--General offence provisions 20
193 Definition for div 3 21
In this division-- 22
"official entity" means any of the following-- 23
(a) the chief executive; 24
(b) an inspector; 25
(c) an accredited auditor; 26
(d) the board; 27
(e) the licensing committee. 28
7 Part 2 (Electrical safety obligations)
s 194 109 s 196
Electrical Safety Bill 2002
194 False or misleading statement 1
(1) A person must not state anything to an official entity the person 2
knows is false or misleading in a material particular. 3
Maximum penalty--100 penalty units. 4
(2) In a proceeding for an offence against this section, it is enough for a 5
charge to state that the statement was, without specifying which, `false or 6
misleading'. 7
195 False or misleading document 8
(1) A person must not give an official entity a document containing 9
information the person knows is false or misleading in a material 10
particular. 11
Maximum penalty--100 penalty units. 12
(2) Subsection (1) does not apply to a person if the person, when giving 13
the document-- 14
(a) tells the official entity, to the best of the person's ability, how it is 15
false or misleading; and 16
(b) if the person has, or can reasonably obtain, the correct 17
information--gives the correct information. 18
(3) A person must not make an entry in a document required or permitted 19
to be made or kept under this Act knowing the entry to be false or 20
misleading in a material particular. 21
Maximum penalty--100 penalty units. 22
(4) In a proceeding for an offence against subsection (1) or (3), it is 23
enough for a charge to state that the information or entry was, without 24
specifying which, `false or misleading'. 25
196 Obstructing inspector 26
(1) A person must not obstruct an inspector in the exercise of a power, 27
unless the person has a reasonable excuse. 28
Maximum penalty--100 penalty units. 29
(2) If a person has obstructed an inspector and the inspector decides to 30
proceed with the exercise of the power, the inspector must warn the person 31
that-- 32
s 197 110 s 199
Electrical Safety Bill 2002
(a) it is an offence to obstruct the inspector unless the person has a 1
reasonable excuse; and 2
(b) the inspector considers the person's conduct an obstruction; and 3
(c) if the person continues to obstruct the inspector, the inspector 4
may ask a police officer to help the inspector exercise the power. 5
(3) In this section-- 6
"obstruct" includes hinder and attempt to obstruct. 7
197 Person not to encourage refusal to answer question 8
A person must not encourage or influence, or attempt to encourage or 9
influence, by general direction, promise of advantage, threat of dismissal or 10
otherwise, another person to refuse to answer a question put to the other 11
person by an inspector. 12
Maximum penalty--100 penalty units. 13
198 Impersonating inspector or accredited auditor 14
A person must not pretend to be an inspector or an accredited auditor. 15
Maximum penalty--40 penalty units. 16
199 Executive officer offence provision 17
(1) The executive officers of a corporation must ensure that the 18
corporation complies with this Act. 19
(2) If a corporation commits an offence against a provision of this Act, 20
each of the corporation's executive officers also commits an offence, 21
namely, the offence of failing to ensure that the corporation complies with 22
the provision. 23
Maximum penalty--the penalty for the contravention of the provision by 24
an individual. 25
(3) Evidence that the corporation has been convicted of an offence 26
against a provision of this Act is evidence that each of the executive 27
officers committed the offence of failing to ensure that the corporation 28
complies with the provision. 29
(4) However, it is a defence for an executive officer to prove-- 30
s 200 111 s 202
Electrical Safety Bill 2002
(a) if the officer was in a position to influence the conduct of the 1
corporation in relation to the offence--the officer exercised 2
reasonable diligence to ensure the corporation complied with the 3
provision; or 4
(b) the officer was not in a position to influence the conduct of the 5
corporation in relation to the offence. 6
PART 14--MISCELLANEOUS PROVISIONS 7
Division 1--Electrical safety contributions 8
200 Purpose of div 1 9
The purpose of this division is to establish funding support for the 10
following activities of the department-- 11
(a) ensuring compliance with this Act; 12
(b) promoting electrical safety in the community. 13
201 Electrical safety contribution to be paid 14
Each distribution entity must pay to the chief executive an electrical 15
safety contribution for each financial year. 16
202 Electrical safety contribution notice 17
(1) A distribution entity must pay its electrical safety contribution for a 18
financial year in accordance with the requirements of a notice ("electrical 19
safety contribution notice") the chief executive gives to the distribution 20
entity. 21
(2) An electrical safety contribution notice must state the following-- 22
(a) the financial year the notice relates to; 23
(b) the total amount of the electrical safety contribution payable by 24
the distribution entity for the financial year; 25
s 203 112 s 203
Electrical Safety Bill 2002
(c) the calculations used to work out the electrical safety 1
contribution payable by the distribution entity for the financial 2
year; 3
(d) the amount of any instalment of the electrical safety contribution 4
currently payable by the distribution entity and the date by which 5
the instalment must be paid. 6
(3) For each financial year, the chief executive must-- 7
(a) work out the amount of the electrical safety contribution payable 8
by each distribution entity for the financial year; and 9
(b) give each distribution entity its first electrical safety contribution 10
notice for the financial year. 11
(4) The chief executive must act under subsection (3) at a time that is-- 12
(a) before the financial year starts; and 13
(b) in accordance with the reasonable forward planning requirements 14
of the distribution entity. 15
(5) The date by which an instalment, other than an overdue instalment, 16
must be paid must not be earlier than-- 17
(a) the start of the part of the financial year to which the instalment 18
relates; or 19
(b) 14 days after the distribution entity receives the electrical safety 20
contribution notice advising that payment of the instalment is 21
required. 22
(6) Subsection (4) does not apply for the financial year in which this 23
section commences. 24
203 Working out electrical safety contribution amounts 25
(1) A regulation may prescribe all things necessary or convenient for 26
establishing and operating arrangements for the payment of electrical 27
safety contributions. 28
(2) Without limiting subsection (1), a regulation may do any of the 29
following-- 30
(a) prescribe requirements for working out the amount of the 31
electrical safety contribution payable by each distribution entity 32
for a financial year; 33
s 204 113 s 205
Electrical Safety Bill 2002
(b) fix, or prescribe how to fix, the total amount to be collected as 1
electrical safety contributions; 2
(c) subject to subsection (3), fix, or prescribe how to fix, the relative 3
size, as between the distribution entities, of each distribution 4
entity's electrical safety contribution; 5
(d) provide for the payment of electrical safety contributions by 6
instalments; 7
(e) provide for the payment of a proportion of the amount of an 8
electrical safety contribution in circumstances, identified in the 9
regulation, in which it is not appropriate for a distribution entity 10
to have to pay an amount for a full financial year; 11
(f) provide for an adjustment of the amount of an electrical safety 12
contribution to take account of significant change in the 13
circumstances on which the working out of electrical safety 14
contributions was based. 15
(3) The relative size of a distribution entity's electrical safety 16
contribution must be based on the number of the distribution entity's retail 17
premises. 18
(4) Subsections (1) and (2) extend, and do not limit, the Governor in 19
Council's power to make regulations under this Act. 20
204 Consultation with distribution entities 21
The chief executive must, to the greatest practicable extent, act in 22
consultation with the distribution entities in establishing and operating the 23
arrangements for the payment of electrical safety contributions, including 24
in applying the provisions of this division and the provisions of any 25
regulation made for establishing and operating the arrangements. 26
Division 2--General 27
205 Protecting officials from liability 28
(1) An official is not civilly liable for an act done, or omission made, 29
honestly and without negligence under this Act. 30
(2) If subsection (1) prevents a civil liability attaching to an official, the 31
liability attaches instead to the State. 32
s 206 114 s 206
Electrical Safety Bill 2002
(3) In this section-- 1
"official" means-- 2
(a) the Minister; or 3
(b) the chief executive; or 4
(c) the commissioner; or 5
(d) an appointed member of the board or of a board committee; or 6
(e) an inspector. 7
206 Electrical safety notification 8
(1) The chief executive may issue a notification ("electrical safety 9
notification") that-- 10
(a) is directed at designers, manufacturers, importers or suppliers 11
generally, or at stated designers, manufacturers, importers or 12
suppliers; and 13
(b) states requirements about the use or supply of stated electrical 14
equipment, or a stated type of electrical equipment, including, if 15
appropriate, requirements about preventing the use or supply of 16
the electrical equipment or type of electrical equipment. 17
(2) A designer, manufacturer, importer or supplier is taken to have 18
enough notice of an electrical safety notification if-- 19
(a) the chief executive gives the designer, manufacturer, importer or 20
supplier a copy of the notification; or 21
(b) a copy of the notification is published in-- 22
(i) the gazette; and 23
(ii) a newspaper circulating generally in the State. 24
(3) The chief executive may issue an electrical safety notification only 25
if-- 26
(a) the chief executive is satisfied on reasonable grounds that-- 27
(i) the supply or use of the electrical equipment, or the 28
particular type of electrical equipment, that is the subject of 29
the notification is putting, or will put, persons or property at 30
electrical risk; or 31
s 207 115 s 208
Electrical Safety Bill 2002
(ii) appropriate information is not available about the electrical 1
equipment, or the particular type of electrical equipment, 2
that is the subject of the notification; and 3
(b) the decision to issue the notification is made by the chief 4
executive personally; and 5
(c) the requirements included in the notification are reasonable in the 6
circumstances. 7
(4) For subsection (3)(a)(ii), information about electrical equipment, or a 8
particular type of electrical equipment, is appropriate information if the 9
information states-- 10
(a) the use for which the electrical equipment or type of electrical 11
equipment has been designed and tested; and 12
(b) all conditions that must be observed to ensure the electrical 13
equipment, or electrical equipment of the type, is electrically 14
safe. 15
207 Delegation by chief executive 16
(1) The chief executive may delegate the chief executive's powers under 17
this Act to an appropriately qualified public service employee or inspector. 18
(2) In this section-- 19
"appropriately qualified" includes having the qualifications, experience 20
or standing appropriate to the exercise of the power. 21
22
Example of standing--
23
A person's classification level in the public service.
"power", of the chief executive-- 24
(a) includes a power delegated to the chief executive by the licensing 25
committee; and 26
(b) does not include the chief executive's power to issue an electrical 27
safety notification. 28
208 Forms 29
The chief executive may approve forms for use under this Act. 30
s 209 116 s 210
Electrical Safety Bill 2002
209 Charges for services 1
(1) This section applies if there is no regulation under this Act that 2
prescribes a fee for a service provided by the chief executive in the course 3
of the chief executive's administration of this Act. 4
(2) The chief executive may, by gazette notice, fix a fee for the service. 5
6
Example of subsections (1) and (2)--
7
If there is no regulation prescribing a fee for the service of renewing an electrical
8
licence, of registering, under a regulation, a cathodic protection system or approving,
9
under a regulation, particular electrical equipment, the chief executive may fix a fee for
10
the service.
(3) The fee the chief executive fixes for a service must not be more than 11
an amount that fairly represents the cost of providing the service. 12
210 Regulation-making power 13
(1) The Governor in Council may make regulations under this Act. 14
(2) Without limiting subsection (1), a regulation may prescribe-- 15
(a) ways of discharging a person's electrical safety obligation; and 16
(b) ways of ensuring the electrical safety of persons or property; and 17
(c) safety and technical requirements for electrical work; and 18
(d) safety and technical requirements for working in contact with, or 19
near to, exposed parts; and 20
(e) safety and technical requirements, and approval requirements, 21
for electrical equipment, including for the hiring, selling, testing 22
and using of electrical equipment; and 23
(f) safety and technical requirements for electrical installations, 24
works of electricity entities, electric lines and electricity supply; 25
and 26
(g) amendments, cancellations, suspensions and transfers of 27
approvals and other authorities required under the regulation; and 28
(h) requirements for the labelling, marking and testing of electrical 29
equipment, including requirements for the provision of electrical 30
equipment for testing, the disposal of electrical equipment after 31
testing, and the extent of compensation, if any, payable for 32
electrical equipment damaged or destroyed during testing; and 33
(i) requirements for safety management plans; and 34
s 210 117 s 210
Electrical Safety Bill 2002
(j) safety and technical requirements, and registration requirements, 1
for cathodic protection systems; and 2
(k) notification and reporting requirements for serious electrical 3
incidents and dangerous electrical events; and 4
(l) all matters about electrical licences, including the following-- 5
(i) classes of electrical licences; 6
(ii) the periods for which particular electrical licences are to be 7
in force; 8
(iii) financial and insurance requirements for electrical licence 9
holders; 10
(iv) particular requirements applying to the making of 11
applications for the issue, renewal or reinstatement of 12
electrical licences; 13
(v) eligibility requirements for the issue, renewal or 14
reinstatement of electrical licences, including requirements 15
as to suitability, requirements for particular qualifications 16
and requirements for the successful completion of 17
examinations or courses stated in the regulation or chosen 18
by the chief executive; 19
(vi) the keeping of a register for recording licence information; 20
(vii) requirements for keeping licences and registers up to date, 21
including for the provision of information for keeping 22
licences and registers up to date; 23
(viii)restrictions on advertising by electrical licence holders; and 24
(m) discipline of electrical licence holders; and 25
(n) matters of an administrative nature. 26
(3) A regulation may prescribe offences for breaches of the regulation, 27
and may fix a penalty of not more than 40 penalty units for a breach. 28
(4) A regulation may prescribe fees payable under this Act, and may also 29
provide for the refund or remission of fees. 30
(5) A regulation may provide for a distribution entity to impose charges 31
for the carrying out of activities of the distribution entity authorised under a 32
regulation. 33
s 211 118 s 212
Electrical Safety Bill 2002
PART 15--TRANSITIONAL PROVISIONS 1
Division 1--Interpretation 2
211 Definitions for pt 15 3
In this part-- 4
"Articles regulation" means the Electricity (Electrical Articles) 5
Regulation 1994, as in force immediately before the commencement. 6
"commencement" means the commencement of section 211. 7
"Electricity Regulation" means the Electricity Regulation 1994. 8
"equivalent licence", to a previous licence, means an electrical licence 9
that is prescribed under a regulation as being the equivalent of the 10
previous licence, and that is identified in the regulation according to-- 11
(a) whether it is an electrical work licence or an electrical contractor 12
licence; and 13
(b) its class. 14
"EWC Board" means the Electrical Workers and Contractors Board under 15
the Electricity Regulation as in force immediately before the 16
commencement. 17
"previous licence" means a licence under the Electricity Regulation, as 18
that regulation was in force immediately before the commencement. 19
"regulator" means the regulator under the Electricity Act. 20
Division 2--Transitional references 21
212 References to Electricity Act and Electricity Regulation 22
(1) In an Act or document, a reference to the Electricity Act may be 23
taken to be a reference to this Act-- 24
(a) to the extent the reference relates to a provision of the Electricity 25
Act that is repealed by this Act; and 26
(b) if the context permits. 27
s 213 119 s 215
Electrical Safety Bill 2002
(2) In an Act or document, a reference to the Electricity Regulation may 1
be taken to be a reference to this Act, and not to a regulation under this 2
Act-- 3
(a) to the extent the reference relates to an Act related provision of 4
the Electricity Regulation; and 5
(b) if the context permits. 6
(3) Subject to subsection (2), in an Act or document, a reference to the 7
Electricity Regulation may, if the context permits, be taken to be a 8
reference to a regulation under this Act. 9
(4) In this section-- 10
"Act related provision", of the Electricity Regulation, means a provision 11
of that regulation, as in force immediately before the commencement, 12
the substance of which is, after the commencement, the subject of a 13
provision of this Act rather than a regulation under this Act. 14
213 References to EWC Board 15
A reference in an Act or document to the EWC Board may, if the context 16
permits, be taken to be a reference to the licensing committee. 17
Division 3--Councils, EWC Board and licence matters 18
214 Electricity Health and Safety Council and Queensland Electrical 19
Education Council 20
On the commencement, the following entities under the Electricity 21
Regulation are abolished and their members go out of office-- 22
· Electricity Health and Safety Council 23
· Queensland Electrical Education Council. 24
215 Electrical Approval and Energy Labelling Advisory Committee 25
On the commencement, the Electrical Approval and Energy Labelling 26
Advisory Committee under the Articles regulation is abolished and its 27
members go out of office. 28
s 216 120 s 220
Electrical Safety Bill 2002
216 Abolition of EWC Board 1
(1) The EWC Board is abolished. 2
(2) The members of the EWC Board go out of office. 3
217 Assets and liabilities of EWC Board 4
(1) The assets and liabilities of the EWC Board vest in the State. 5
(2) If the EWC Board held property on trust immediately before the 6
commencement, the State holds the property on the terms of the trust. 7
(3) The general fund established under the Electricity Regulation is 8
abolished and the amount standing to the credit of the fund immediately 9
before the commencement vests in the State. 10
218 Proceedings 11
(1) A proceeding by or against the EWC Board that has not ended before 12
the commencement may be continued and finished by or against the State. 13
(2) A proceeding that could have been taken by or against the EWC 14
Board if the EWC Board had continued to exist may be taken by or against 15
the State. 16
(3) A reference in this section to a proceeding by the EWC Board 17
includes a proceeding by the EWC Board against a person for an offence. 18
219 Existing contracts 19
If the EWC Board was a party to a contract in force immediately before 20
the commencement, the contract continues in force according to its terms 21
and the State is taken to be a party instead of the EWC Board. 22
220 Disciplinary action not started 23
(1) This section applies if, immediately before the commencement, the 24
EWC Board could have started, but had not started, a procedure for 25
disciplinary action under the Electricity Regulation. 26
(2) The procedure may be started and finished under the Electricity 27
Regulation as if the provisions of that regulation relating to disciplinary 28
action were still in force and the licensing committee were the EWC Board. 29
s 221 121 s 223
Electrical Safety Bill 2002
221 Disciplinary action started but not finished 1
(1) This section applies if, immediately before the commencement, the 2
EWC Board had started, but had not finished, a procedure for disciplinary 3
action under the Electricity Regulation. 4
(2) The procedure may be finished under the Electricity Regulation as if 5
the provisions of that regulation relating to disciplinary action were still in 6
force and the licensing committee were the EWC Board. 7
(3) However, if before the commencement the EWC Board had started, 8
but had not finished, its consideration of representations, or a hearing, for 9
the purposes of the procedure, the licensing committee must start the 10
consideration or hearing again under the provisions of the Electricity 11
Regulation relating to disciplinary action as if the provisions were still in 12
force and the licensing committee were the EWC Board. 13
222 Disciplinary action taken before commencement 14
Disciplinary action taken by the EWC Board before the commencement 15
continues in effect after the commencement and may be enforced as if the 16
action had been taken by the licensing committee. 17
223 Licensing committee may require person to correct defective 18
work 19
(1) This section applies if-- 20
(a) before the commencement of this section, a person performed 21
electrical installation work under the Electricity Act as a licensed 22
electrical contractor under that Act; and 23
(b) the licensing committee considers, on reasonable grounds, that 24
there is a fault or defect in the work. 25
(2) The chief executive may give a written notice to the person giving 26
directions that are reasonable in the circumstances for the correction of the 27
fault or defect within the time and in the way stated in the written notice. 28
(3) Without limiting subsection (2), the written notice may allow the 29
person to correct the fault or defect even though the person does not have a 30
current electrical contractor licence. 31
s 224 122 s 227
Electrical Safety Bill 2002
(4) The person must not contravene the written notice, unless the person 1
has a reasonable excuse. 2
Maximum penalty--40 penalty units. 3
224 Annual report 4
In its first annual report, the Electrical Safety Board must include a 5
report of the EWC Board's operations for any period for which the EWC 6
Board did not make an annual report before its abolition. 7
225 Existing licences 8
(1) This section applies to a person who, immediately before the 9
commencement, held a previous licence issued by the EWC Board. 10
(2) The person, on the commencement, is taken to be the holder of the 11
equivalent licence to the previous licence. 12
(3) The equivalent licence-- 13
(a) is taken to be subject to conditions and restrictions in the same 14
terms, as far as practicable, as the conditions and restrictions to 15
which the previous licence was subject; and 16
(b) expires when the previous licence would have expired; and 17
(c) must not be the subject of renewal or reinstatement under this 18
Act. 19
226 Existing application for previous licence 20
If, immediately before the commencement, an application made under 21
the Electricity Regulation for the issue of a previous licence had not been 22
decided, the application must be decided by the chief executive as if the 23
application were an application for the equivalent licence to the previous 24
licence. 25
227 Existing application for renewal of previous licence 26
If, immediately before the commencement, an application made under 27
the Electricity Regulation for a renewal of a previous licence had not been 28
decided, the application must be decided by the chief executive as if the 29
s 228 123 s 230
Electrical Safety Bill 2002
application for renewal was not an application for renewal but was an 1
application for an equivalent licence to the previous licence. 2
228 Partial postponement of requirement for electrical contractor 3
licence 4
Despite section 56,8 until the end of 31 January 2003, a person may 5
conduct a business or undertaking that includes the performance of 6
electrical work even though the person is not the holder of an electrical 7
contractor licence that is in force, but only to the extent the electrical work 8
performed is not electrical installation work. 9
Division 4--Other transition from Electricity Act 10
229 Action under this Act not prevented 11
If a provision of this division (the "transitional provision") provides 12
that a section of the Electricity Act, as in force immediately before the 13
commencement, has continuing application to circumstances as if the 14
section had not been repealed, the transitional provision does not stop 15
action being taken under this Act in relation to the circumstances. 16
230 Review and appeal of decision made before commencement 17
(1) Chapter 10 of the Electricity Act continues to apply to a repealed 18
entry decision. 19
(2) In this section-- 20
"repealed entry decision" means a decision made under the Electricity 21
Act before the commencement if-- 22
(a) when the decision was made, it was a decision the subject of an 23
entry in schedule 1 of the Electricity Act; and 24
(b) the entry is repealed by this Act. 25
8 Section 56 (Requirement for electrical contractor licence)
s 231 124 s 232
Electrical Safety Bill 2002
231 Inspector has powers of authorised person for Electricity Act 1
provisions of continuing application 2
(1) An inspector has all the functions and powers an authorised person 3
had under the Electricity Act as in force immediately before the 4
commencement-- 5
(a) in relation to an offence under the Electricity Act committed or 6
alleged to have been committed before the commencement; and 7
(b) in relation to an offence under the Electricity Act committed or 8
alleged to have been committed after the commencement under a 9
repealed offence provision that has continuing application under 10
this part; and 11
(c) under another provision of the Electricity Act that has continuing 12
application under this part. 13
(2) If a repealed provision has continuing application under this part and 14
an authorised person under the Electricity Act took action under the 15
provision before the commencement, any inspector may be taken to be the 16
authorised person who took the action. 17
(3) Subsection (1) does not limit the powers an inspector has under this 18
Act for an investigation. 19
(4) In this section-- 20
"repealed offence provision" means a repealed provision that provided 21
for an offence. 22
"repealed provision" means a provision of the Electricity Act, as in force 23
immediately before the commencement, that is repealed under this 24
Act. 25
232 Action before commencement to disconnect electrical installation 26
or works 27
(1) This section applies if, before the commencement-- 28
(a) under section 156(3) of the Electricity Act as in force 29
immediately before the commencement, an authorised person 30
disconnected an installation or works, or the defective part of an 31
installation or works; or 32
(b) under section 156(4) of the Electricity Act as in force 33
immediately before the commencement, an authorised person 34
gave a person a written notice requiring the person to disconnect 35
s 233 125 s 235
Electrical Safety Bill 2002
immediately an installation or works, or the defective part of an 1
installation or works. 2
(2) Section 156 has continuing application to the circumstances of the 3
disconnection or written notice as if the section had not been repealed. 4
233 Action before commencement to make cathodic protection 5
system inoperable 6
(1) This section applies if, before the commencement-- 7
(a) under section 160(5) of the Electricity Act as in force 8
immediately before the commencement, an authorised person 9
took action to make a cathodic protection system inoperable; or 10
(b) under section 160(6) of the Electricity Act as in force 11
immediately before the commencement, an authorised person 12
gave a person a written notice requiring the person to make a 13
cathodic protection system inoperable. 14
(2) Section 160 has continuing application in relation to the 15
circumstances of making the system inoperable or of the written notice as 16
if the section had not been repealed. 17
(3) However, for applying section 160(9), the reference to the Electricity 18
Act is taken to be a reference to this Act. 19
234 Direction before commencement not to sell or hire unsafe 20
electrical articles 21
(1) This section applies if, before the commencement, under 22
section 161(1) of the Electricity Act as in force immediately before the 23
commencement, an authorised person gave a written notice to a person 24
directing the person not to sell or hire an electrical article or type of 25
electrical article. 26
(2) Section 161 has continuing application in relation to the 27
circumstances of the written notice as if the section had not been repealed. 28
235 Requirement before commencement to produce document 29
(1) This section applies if, immediately before the commencement, there 30
has been a requirement made under section 163(1) of the Electricity Act as 31
in force immediately before the commencement for a person to produce to 32
s 236 126 s 238
Electrical Safety Bill 2002
an authorised person for inspection a document required to be kept by the 1
person under the Electricity Act. 2
(2) Section 163 has continuing application in relation to the 3
circumstances of the requirement as if the section had not been repealed. 4
236 Notice by occupier of electrical incident happening before 5
commencement 6
(1) This section applies if, immediately before the commencement, 7
section 167 of the Electricity Act, as in force immediately before the 8
commencement, applied because of particular circumstances. 9
(2) Section 167 has continuing application in relation to the 10
circumstances as if the section had not been repealed, whether or not, at the 11
commencement, the occupier had given notice under section 167(2). 12
237 Notice by licensed electrical contractor of electrical accident 13
happening before commencement 14
(1) This section applies if, immediately before the commencement, 15
section 168 of the Electricity Act, as in force immediately before the 16
commencement, applied because of particular circumstances. 17
(2) Section 168 has continuing application in relation to the 18
circumstances as if the section had not been repealed, whether or not, at the 19
commencement, the licensed electrical contractor had given notice under 20
section 168(2). 21
238 Notice by electricity entity of accident 22
(1) This section applies if, immediately before the commencement, 23
circumstances applied under section 170 of the Electricity Act, as in force 24
immediately before the commencement, requiring the electricity entity to 25
advise the regulator of an accident. 26
(2) Section 170 has continuing application in relation to the 27
circumstances as if the section had not been repealed, whether or not, at the 28
commencement, the electricity entity had advised the regulator of the 29
accident under section 170(1). 30
s 239 127 s 242
Electrical Safety Bill 2002
239 Accident reported to electricity entity before commencement 1
(1) This section applies if, immediately before the commencement-- 2
(a) under section 171 of the Electricity Act as in force immediately 3
before the commencement, an electricity entity had received a 4
report of an accident; and 5
(b) all action required under section 171 had not been completed. 6
(2) The electricity entity must advise the chief executive of the report, 7
and of the extent to which action has been taken under section 171. 8
(3) To the extent the chief executive considers appropriate, the accident 9
may be investigated under this Act as if it had happened after the 10
commencement. 11
240 Making unsafe things safe 12
(1) This section applies if, before the commencement, the regulator 13
made a requirement under section 177(2) of the Electricity Act as in force 14
immediately before the commencement. 15
(2) Section 177 has continuing application in relation to the 16
circumstances of the requirement as if the section had not been repealed. 17
241 Evidentiary certificate of member or officer of EWC Board 18
A certificate in existence immediately before the commencement under 19
section 250 of the Electricity Act, as in force immediately before the 20
commencement, continues to have effect as evidence of a matter as 21
provided for in that section. 22
PART 16--AMENDMENTS OF OTHER ACTS 23
242 Amendments in sch 1 24
Schedule 1 amends the Acts mentioned in it. 25
128
Electrical Safety Bill 2002
SCHEDULE 1 1
AMENDMENTS 2
section 242 3
DOMESTIC BUILDING CONTRACTS ACT 2000 4
1 Section 52(1)(b), `Electricity Act 1994'-- 5
omit, insert-- 6
`Electrical Safety Act 2002'. 7
ELECTRICITY ACT 1994 8
1 Section 3(c) and (d)-- 9
omit, insert-- 10
`(c) establish a competitive electricity market in line with the national 11
electricity industry reform process; and 12
(d) ensure that the interests of customers are protected; and 13
(e) take into account national competition policy requirements.'. 14
2 Section 12(1), example, `Electric lines and apparatus, electrical 15
articles'-- 16
omit, insert-- 17
`Electric lines and associated equipment, apparatus, electrical 18
equipment'. 19
3 Sections 13 to 16-- 20
omit, insert-- 21
129
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
`13 Meaning of "electrical equipment" 1
`(1) "Electrical equipment" is any apparatus, appliance, cable, 2
conductor, fitting, insulator, material, meter or wire-- 3
(a) used for controlling, generating, supplying, transforming or 4
transmitting electricity at a voltage greater than extra low 5
voltage; or 6
(b) operated by electricity at a voltage greater than extra low voltage; 7
or 8
(c) that is, or that forms part of, a cathodic protection system. 9
`(2) However, "electrical equipment" does not include any apparatus, 10
appliance, cable, conductor, fitting, insulator, material, meter or wire 11
forming part of a vehicle if-- 12
(a) it forms part of a unit of the vehicle that provides propulsion for 13
the vehicle; or 14
(b) its source of electricity is a unit of the vehicle that provides 15
propulsion for the vehicle. 16
17
Examples of things that, under subsection (2), are not electrical equipment--
18
· The headlights of a vehicle.
19
· Ignition spark plugs of a motor vehicle.
20
· The interior lighting system of a vehicle, if powered from a battery charged by the
21
engine that drives the vehicle or by the vehicle's movement.
22
Examples of things that are not prevented by subsection (2) from being electrical
23
equipment--
24
· Interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated
25
by a low voltage generating set or connected to low voltage supply.
26
· A refrigeration unit in a food delivery vehicle operating at low voltage from a
27
source separate from the propulsion unit for the vehicle.
`14 Meaning of "electrical installation" 28
`(1) An "electrical installation" is a group of items of electrical 29
equipment. 30
`(2) However, a group of items of electrical equipment is an electrical 31
installation only if-- 32
130
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
(a) all the items are permanently electrically connected together; and 1
(b) the items do not include items that are works; and 2
(c) electricity can be supplied to the group from works or from a 3
generating source. 4
`(3) An item of electrical equipment can be part of more than 1 electrical 5
installation. 6
`(4) For subsection (2)(a)-- 7
(a) an item of electrical equipment connected to electricity by a plug 8
and socket outlet is not permanently electrically connected; and 9
(b) connection achieved through using works must not be taken into 10
consideration for deciding whether items of electrical equipment 11
are electrically connected. 12
13
Examples of an electrical installation under this section--
14
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
15
permanently connected for a shop in a shopping centre.
16
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
17
permanently connected for a house or residential unit.
18
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
19
permanently connected for a shopping centre. The electrical installation for the
20
shopping centre generally includes the electrical installations for the individual
21
shops.
22
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
23
permanently connected for a residential unit complex. The electrical installation
24
for the residential unit complex generally includes the electrical installations for
25
the individual residential units.
26
· The switchboard, wiring, lighting, socket outlets and other electrical equipment
27
permanently connected within a caravan.
`15 Meaning of "electric line" 28
`(1) An "electric line" is a wire or conductor or associated equipment 29
used for transmitting, transforming, or supplying electricity at a voltage 30
greater than extra low voltage. 31
`(2) However, an "electric line" does not include-- 32
(a) a wire or conductor directly used in converting electricity into 33
another form of energy; or 34
131
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
(b) a wire or conductor within the internal structure of a building. 1
2
Examples of things that are not electric lines--
3
· A cord for connecting an air conditioning unit, computer, lamp, television or
4
toaster to a supply of electricity.
5
· A power or lighting circuit within a building.
`16 Meaning of "associated equipment" for electric line 6
` "Associated equipment", for an electric line, means something 7
ordinarily found in association with the electric line, especially for the 8
purpose of protecting, insulating or supporting, or supporting the operation 9
of, the electric line. 10
11
Examples of associated equipment--
12
· A bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower
13
or tube enclosing, surrounding or supporting a wire or conductor.
14
· An air break, circuit breaker, switch, transformer or other apparatus connected to a
15
wire or conductor.
`16A Meaning of "meter" 16
`A "meter" is a device, including any associated equipment, used for 17
measuring electricity.'. 18
4 Section 18(2)(c)-- 19
omit. 20
5 Section 18(3)-- 21
omit. 22
6 Section 40E(1)(b), `or safety requirements under this Act'-- 23
omit, insert-- 24
`requirements under this or another Act'. 25
132
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
7 Section 40E(1)(f)-- 1
omit, insert-- 2
`(f) after an electricity officer has acted under section 141 to 3
disconnect supply to something that was unsafe, the thing is still 4
unsafe; or'. 5
8 Section 53(a), `sections 40(2)(a) and (b)'-- 6
omit, insert-- 7
`section 40(3)'. 8
9 Section 63(1)(b)-- 9
omit. 10
10 Section 63(1)(c) to (g)-- 11
renumber as section 63(1)(b) to (f). 12
11 Section 64(1), `an officer of the department, an authorised 13
person'-- 14
omit, insert-- 15
`a public service employee'. 16
12 Section 64A(1), `section 63(1)(d) and (e)'-- 17
omit, insert-- 18
`section 63(1)(c) and (d)'. 19
13 Chapter 2, parts 10 and 12-- 20
omit. 21
133
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
14 Section 122(2)(d), `electrical articles'-- 1
omit, insert-- 2
`electrical equipment'. 3
15 Section 132(1)(b)-- 4
omit, insert-- 5
`(b) the entity has contravened this Act or the Electrical Safety Act;'. 6
16 Section 133(4), after `this Act'-- 7
insert-- 8
`, the Electrical Safety Act'. 9
17 Section 137(e), `electrical articles'-- 10
omit, insert-- 11
`electrical equipment'. 12
18 Section 140, heading, `prevent electrical hazard or'-- 13
omit. 14
19 Section 140(1), from `to prevent'-- 15
omit, insert-- 16
`to prevent an obstruction or potential obstruction to, or interference or 17
potential interference with, the building, maintenance or operation of an 18
electric line or other works of the entity.'. 19
20 Chapter 6, part 2, heading-- 20
omit, insert-- 21
`PART 2--POWERS TO PREVENT FIRE OR 22
ELECTRICAL SHOCK'. 23
134
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
21 Section 141-- 1
insert-- 2
`(5) In this section-- 3
"safe", in relation to works or an electrical installation, means that the 4
works or electrical installation can not cause fire or electrical shock.'. 5
22 Chapter 7, other than sections 153, 154, 164 and 165-- 6
omit. 7
23 Before section 153-- 8
insert-- 9
`CHAPTER 7--ENFORCEMENT OF 10
RESTRICTIONS AND RATIONING 11
`PART 1--PRELIMINARY 12
`145 Definition for ch 7 13
`In this chapter-- 14
"authorised person" means-- 15
(a) an electricity officer; or 16
(b) an inspection officer. 17
`PART 2--INSPECTION OFFICERS 18
`146 Appointment and qualifications 19
`(1) The regulator may appoint any of the following persons as an 20
inspection officer-- 21
135
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
(a) an inspector under the Electrical Safety Act; 1
(b) an officer of the department; 2
(c) a person prescribed under a regulation. 3
`(2) However, the regulator may appoint a person mentioned in 4
subsection (1)(b) or (c) as an inspection officer only if-- 5
(a) the regulator is satisfied the person is qualified for appointment 6
because the person has the necessary expertise or experience; or 7
(b) the person has satisfactorily finished training approved by the 8
regulator. 9
`147 Appointment conditions and limit on powers 10
`(1) An inspection officer holds office on any conditions stated in-- 11
(a) the inspection officer's instrument of appointment; or 12
(b) a signed notice given to the inspection officer; or 13
(c) a regulation. 14
`(2) The instrument of appointment, a signed notice given to the 15
inspection officer or a regulation may limit the inspection officer's powers 16
under this Act. 17
`(3) In this section-- 18
"signed notice" means a notice signed by the regulator. 19
`148 Issue of identity card 20
`(1) The regulator must issue an identity card to each inspection officer. 21
`(2) The identity card must-- 22
(a) contain a recent photo of the inspection officer; and 23
(b) contain a copy of the inspection officer's signature; and 24
(c) identify the person as an inspection officer under this Act; and 25
(d) state an expiry date for the card. 26
`(3) This section does not prevent the issue of a single identity card to a 27
person for this Act and for other purposes. 28
136
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
1
Example for subsection (3)--
2
If the inspection officer is also an inspector under the Electrical Safety Act, the chief
3
executive under that Act, and the regulator under this Act, could together issue a
4
combined identity card covering the purposes of both Acts.
`149 Production or display of identity card 5
`(1) In exercising a power under this Act in relation to a person, an 6
inspection officer must-- 7
(a) produce the inspection officer's identity card for the person's 8
inspection before exercising the power; or 9
(b) have the identity card displayed so it is clearly visible to the 10
person when exercising the power. 11
`(2) However, if it is not practicable to comply with subsection (1), the 12
inspection officer must produce the identity card for the person's inspection 13
at the first reasonable opportunity. 14
`150 When inspection officer ceases to hold office 15
`(1) An inspection officer ceases to hold office if any of the following 16
happens-- 17
(a) the term of office stated in a condition of office ends; 18
(b) under another condition of office, the inspection officer ceases to 19
hold office; 20
(c) the inspection officer's resignation takes effect. 21
`(2) Subsection (1) does not limit the ways an inspection officer may 22
cease to hold office. 23
`(3) In this section-- 24
"condition of office" means a condition on which the inspection officer 25
holds office. 26
`151 Resignation 27
`(1) An inspection officer may resign by signed notice given to the 28
regulator. 29
137
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
`(2) However, if holding office as an inspection officer is a condition of 1
the inspection officer holding another office, the inspection officer may not 2
resign as an inspection officer without resigning from the other office. 3
`152 Return of identity card 4
`A person who ceases to be an inspection officer must return the person's 5
identity card to the regulator within 21 days after ceasing to be an 6
inspection officer unless the person has a reasonable excuse. 7
Maximum penalty--40 penalty units. 8
`PART 3--RESTRICTION REGULATIONS AND 9
RATIONING ORDERS'. 10
24 Before section 164-- 11
insert-- 12
`PART 4--OTHER MATTERS'. 13
25 Chapter 8, heading-- 14
omit, insert-- 15
`CHAPTER 8--TECHNICAL ISSUES'. 16
26 Sections 167 to 175-- 17
omit. 18
27 Section 177-- 19
omit. 20
138
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
28 Section 229, `electric line'-- 1
omit, insert-- 2
`electric line or associated equipment'. 3
29 Section 234-- 4
omit. 5
30 Section 236, heading, `and authorised persons'-- 6
omit, insert-- 7
`and inspection officers'. 8
31 Section 236, `or authorised person'-- 9
omit, insert-- 10
`or inspection officer'. 11
32 Section 237, heading, `and authorised persons'-- 12
omit, insert-- 13
`and inspection officers'. 14
33 Section 237, `or authorised person'-- 15
omit, insert-- 16
`or inspection officer'. 17
34 Section 238(1), `or an authorised person'-- 18
omit, insert-- 19
`or an inspection officer'. 20
139
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
35 Section 239(1), `or an authorised person'-- 1
omit, insert-- 2
`or an inspection officer'. 3
36 Section 239(2), `authorised person'-- 4
omit, insert-- 5
`inspection officer'. 6
37 Section 246(c)-- 7
omit, insert-- 8
`(c) inspection officers.'. 9
38 Section 247(d)-- 10
omit, insert-- 11
`(d) an inspection officer.'. 12
39 Section 248(e), `or an authorised person'-- 13
omit. 14
40 Section 250-- 15
omit. 16
41 Section 254(1)(c), `section 63(d) and (e)'-- 17
omit, insert-- 18
`section 63(1)(c) and (e)'. 19
140
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
42 Section 254(1)(e)-- 1
omit, insert-- 2
`(e) inspection officers; and'. 3
43 Section 265-- 4
omit. 5
44 Sections 267 and 268-- 6
omit. 7
45 Schedule 1, entries for sections 156(3), 156(4), 160(5), 160(6), 8
161(1), 161(3) or (4), 161(5) and 177(2)-- 9
omit. 10
46 Schedule 2, section 2, `Technical, operational and safety'-- 11
omit, insert-- 12
`Technical and operational'. 13
47 Schedule 2, section 2(d) to (m)-- 14
omit. 15
48 Schedule 2, section 2(n) to (t)-- 16
renumber as schedule 2, section 2(d) to (j). 17
49 Schedule 2, section 2(i), as renumbered, after `control 18
apparatus'-- 19
insert-- 20
`, including meter testing apparatus'. 21
141
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
50 Schedule 2, section 4(e)-- 1
omit. 2
51 Schedule 5, definitions "authorised person", "cathodic protection 3
system", "channels", "electrical article", "electrical contracting", 4
"electrical installation", "electrical installation work", "electrical 5
work", "electric line", "hire", "licensed electrical contractor", 6
"licensed electrical worker", "meter", "occupier" and "trade or 7
commerce"-- 8
omit. 9
52 Schedule 5-- 10
insert-- 11
` "associated equipment", for an electric line, see section 16. 12
"authorised person", for chapter 7, see section 145. 13
"electrical equipment" see section 13. 14
"electrical installation" see section 14. 15
"Electrical Safety Act" means the Electrical Safety Act 2002. 16
"electric line" see section 15. 17
"inspection officer" means a person appointed as an inspection officer 18
under chapter 7, part 2. 19
"meter" see section 16A.'. 20
WATER ACT 2000 21
1 Section 814(2)(b)(ii), after `under the'-- 22
insert-- 23
`Electrical Safety Act 2002 or the'. 24
142
Electrical Safety Bill 2002
SCHEDULE 1 (continued)
WORKPLACE HEALTH AND SAFETY ACT 1995 1
1 After section 3-- 2
insert-- 3
`3A Relationship with Electrical Safety Act 2002 4
`(1) This section applies if-- 5
(a) this Act, in the absence of this section, would have application in 6
particular circumstances; and 7
(b) the Electrical Safety Act 2002 also has application in the 8
circumstances. 9
`(2) This Act does not have application in the circumstances to the extent 10
that the Electrical Safety Act 2002 has application. 11
`(3) Without limiting subsection (2), to the extent that this Act would 12
impose on a person a workplace health and safety obligation that is 13
concurrent with an electrical safety obligation imposed on the person under 14
the Electrical Safety Act 2002, the workplace health and safety obligation 15
does not apply to the person. 16
17
Example for subsection (3)--
18
Section 28 of this Act imposes an obligation on an employer to ensure the workplace
19
health and safety of each of the employer's workers at work. Under the Electrical
20
Safety Act 2002, an obligation is imposed on an employer to ensure the employer's
21
business or undertaking is conducted in a way that is electrically safe. Accordingly, the
22
employer's obligation under this Act to ensure the workplace health and safety of each
23
of the employer's workers at work does not include an obligation to ensure the
24
employer's business or undertaking is conducted in a way that is electrically safe.'.
143
Electrical Safety Bill 2002
SCHEDULE 2 1
DICTIONARY 2
section 8 3
"advisory committee" means an advisory committee established under 4
part 8, division 5. 5
"alleged contravention", for an electrical safety undertaking, see 6
section 49. 7
"appliance" see section 13. 8
"appointed member", of the board or of a board committee, means a 9
member of the board or committee who is appointed by the Minister. 10
"apprentice" means an apprentice under the Training and Employment 11
Act. 12
"approved form" means a form approved by the chief executive under 13
section 208. 14
"associated equipment", for an electric line, see section 17. 15
"board" means the Electrical Safety Board. 16
"board committee" means the licensing committee, the safety education 17
committee, the equipment committee or an advisory committee. 18
"bodily harm" means any bodily injury which interferes with health or 19
comfort. 20
"calling" includes a craft, manufacture, occupation, trade, undertaking or 21
vocation. 22
"cathodic protection system" means a system by which a structure in 23
contact with ground or water is protected from electrolytic corrosion 24
by a direct electric current flowing between the structure and an 25
electrical conductor through the ground or water. 26
"commencement", for part 15, see section 212. 27
"confirmation notice", for part 12, see section 167. 28
"consumer" means a person who receives electricity generated, 29
transmitted or distributed by an electricity entity. 30
144
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
"convicted" means found guilty, or having a plea of guilty accepted by a 1
court, whether or not a conviction is recorded. 2
"dangerous electrical event" see section 12. 3
"decision", for part 12, see section 167. 4
"de facto spouse" means either 1 of 2 people, whether of the same or 5
opposite sex, who are living together as a couple on a genuine 6
domestic basis in a relationship based on intimacy, trust and personal 7
commitment to each other. 8
"disciplinary decision", for part 12, see section 167. 9
"disciplinary hearing" see section 115. 10
"disciplinary hearing notice" see section 116. 11
"distribution entity" means a distribution entity under the Electricity Act. 12
"electrical contractor licence" see section 20(2). 13
"electrical engineer" means-- 14
(a) a person who is a registered professional engineer under the 15
Engineers Act and who is registered in the division of electrical 16
engineering under that Act; or 17
(b) a person who holds a degree in electrical engineering granted 18
by-- 19
(i) an approved school of engineering under the Engineers Act; 20
or 21
(ii) an approved faculty of engineering under the Engineers Act; 22
or 23
(c) a person who holds a qualification in electrical engineering 24
granted by a tertiary education institution that entitles the person 25
to be admitted to the Institution of Engineers, Australia, as a 26
graduate member. 27
"electrical equipment" see section 14. 28
"electrical equipment work" see section 19(3). 29
"electrical installation" see section 15. 30
"electrical installation work" see section 19(1). 31
145
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
"electrical licence" means an electrical work licence or an electrical 1
contractor licence. 2
"electrical licence application", for part 4, division 2, see section 58. 3
"electrically safe" see section 10(2). 4
"electrical risk" see section 10(1). 5
"electrical safety" see section 10(3). 6
"electrical safety contribution notice" see section 202. 7
"electrical safety notification" see section 206. 8
"electrical safety obligation" means an obligation under part 2, division 2. 9
"electrical safety protection notice" see section 154. 10
"electrical safety undertaking" see section 49. 11
"electrical work" see section 18. 12
"electrical work licence" see section 20(1). 13
"electricity" includes electric current, electrical energy and similar or 14
related physical qualities. 15
"Electricity Act" means the Electricity Act 1994. 16
"electricity entity" means-- 17
(a) a generation entity, transmission entity or distribution entity; or 18
(b) a special approval holder that is authorised under the Electricity 19
Act to do something that a generation entity, transmission entity 20
or distribution entity may do under that Act; or 21
(c) Queensland Rail (ABN 47 564 947 264). 22
"Electricity Regulation", for part 15, see section 212. 23
"electric line" see section 16. 24
"electric line work" see section 19(2). 25
"employer" see section 21. 26
"energise" means energise by electricity. 27
"Engineers Act" means the Professional Engineers Act 1988. 28
"equipment committee" means the Electrical Equipment Committee. 29
146
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
"EWC Board", for part 15, see section 212. 1
"executive officer", of a corporation, means a person who-- 2
(a) is a member of the governing body of the corporation; or 3
(b) is concerned with, or takes part in, the corporation's 4
management, whatever the person's position is called and 5
whether or not the person is a director of the corporation. 6
"executive officer offence provision" means section 199. 7
"exposed" means-- 8
(a) bare; or 9
(b) not effectively insulated; or 10
(c) not effectively guarded by either a fixed barrier or an earthed 11
metal shield. 12
"exposed part" means an exposed conductor or an exposed component of 13
an item of electrical equipment. 14
"external licence" means a current licence, permit certificate or other 15
authority-- 16
(a) issued under a law of the Commonwealth, another State or New 17
Zealand; and 18
(b) authorising the holder to perform work of a type the holder of an 19
electrical work licence is authorised to perform. 20
"external licence recognition provision" means section 65. 21
"extra low voltage" means voltage of 50V or less AC RMS, or 120V or 22
less ripple-free DC. 23
"facsimile warrant" see section 142(4). 24
"fee" includes charge. 25
"generation entity" means a generation entity under the Electricity Act. 26
"grievous bodily harm" means any of the following injuries, regardless of 27
the availability of treatment for the injury-- 28
(a) the loss of a distinct part or an organ of the body; 29
(b) serious disfigurement; 30
147
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
(c) bodily injury the nature of which is, if left untreated, that it 1
would endanger or be likely to endanger life, or cause or be 2
likely to cause permanent injury to health. 3
"high voltage" means voltage greater than low voltage. 4
"hire" includes-- 5
(a) agree, attempt or offer to hire; and 6
(b) possess, expose or advertise for hire; and 7
(c) cause or allow to be hired. 8
"identified person", for an electrical safety undertaking, see section 49. 9
"improvement notice" see section 153. 10
"information notice", for a decision, means a notice stating the 11
following-- 12
(a) reasons for the decision; 13
(b) all rights of review or appeal under this Act; 14
(c) the period in which any review or appeal under this Act must be 15
started; 16
(d) how rights of review or appeal under this Act are to be exercised; 17
(e) that a stay of a decision the subject of review or appeal under this 18
Act may be applied for under this Act. 19
"inspector" means a person appointed under this Act as an inspector. 20
"licence" includes permit. 21
"licensed electrical contractor" means the holder of an electrical 22
contractor licence. 23
"licensed electrical mechanic" means a licensed electrical worker whose 24
electrical work licence includes authority to perform electrical 25
installation work, electric line work and electrical equipment work. 26
"licensed electrical worker" means the holder of an electrical work 27
licence. 28
"licensing committee" means the Electrical Licensing Committee. 29
"low voltage" means voltage greater than extra low voltage, but not more 30
than 1 000V AC RMS or 1 500V ripple-free DC. 31
148
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
"meter" means a device, including any associated equipment, used for 1
measuring electricity. 2
"ministerial notice" means a notice under section 42. 3
"obligation offence provision" means section 27. 4
"official entity", for part 13, division 3, see section 193. 5
"original chief executive decision", for part 12, see section 167. 6
"original decision", for part 12, see section 167. 7
"perform", in the context of the performance of electrical work as a 8
licensed electrical contractor, includes the performance of the 9
electrical work through the work of another person. 10
"person in control", of electrical equipment, see section 24. 11
"preliminary notice" see section 114. 12
"premises" includes-- 13
(a) a building or other structure; and 14
(b) a part of a building or other structure; and 15
(c) land where a building or other structure is situated. 16
"prescribed electricity entity", for part 5, see section 66. 17
"relative", of a person, means-- 18
(a) the person's spouse; or 19
(b) a child, grandchild, parent, brother, sister, grandparent, aunt, 20
uncle, nephew or niece (whether of whole or half-blood) of the 21
person. 22
"remote rural installation work" means work on an electrical installation 23
if all the following circumstances apply-- 24
(a) the only source of electricity supply to the installation is a 25
privately owned generating set used by-- 26
(i) a farmer on and solely for a farm; or 27
(ii) a grazier on and solely for a grazing property; 28
(b) the generating set is not directly or indirectly connected to the 29
works of an electricity entity; 30
149
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
(c) the capacity of the generating set is not more than 75 kW; 1
(d) a person holding an appropriate electrical work licence is not 2
available to perform the work because of the remote location of 3
the farm or grazing property. 4
"retail premises", of a distribution entity, means premises that are, under 5
the Electricity Act, the subject of both of the following-- 6
(a) the provision of customer connection services by the distribution 7
entity; 8
(b) the provision of customer retail services by a retail entity. 9
"review decision", for part 12, see section 167. 10
"review entity", for part 12, see section 167. 11
"safety education committee" means the Electrical Safety Education 12
Committee. 13
"safety management system", for part 5, see section 66. 14
"self-employed person" see section 23. 15
"serious electrical incident" see section 11. 16
"special approval holder" means a special approval holder under the 17
Electricity Act. 18
"spouse" includes a de facto spouse. 19
"supervise", electrical work, means supervise the way the electrical work 20
is performed. 21
"temporary inspector" means a person appointed under this Act as a 22
temporary inspector. 23
"trainee" means a trainee under the Training and Employment Act. 24
"Training and Employment Act" means the Training and Employment 25
Act 2000. 26
"transmission entity" means a transmission entity under the Electricity 27
Act. 28
"unsafe equipment notice" see section 155. 29
"vehicle" means any means of transport by land, air or water. 30
150
Electrical Safety Bill 2002
SCHEDULE 2 (continued)
"voltage" means the difference in electrical potential, measured in volts, 1
existing-- 2
(a) between conductors; or 3
(b) between conductors and earth. 4
"warrant form" see section 142(5). 5
"wilfully" means-- 6
(a) intentionally; or 7
(b) recklessly; or 8
(c) with gross negligence. 9
"worker" see section 22. 10
"workplace" means a workplace under the Workplace Health and Safety 11
Act 1995, section 9. 12
"works", of an electricity entity, see section 25. 13
14
© State of Queensland 2002
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