Queensland Consolidated Acts

ELECTRICAL SAFETY ACT 2002

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

           Division 1--Introduction

   1.      Short title
   2.      Commencement
   3.      Act binds all persons

           Division 2--Purpose of Act

   4.      Purpose
   5.      How purpose of Act is to be achieved

           Division 3--Application of Act

   6.      Application of Act to mines, petroleum plant and GHG storage plant
   7.      Application of Act to railways and light rail

           Division 4--Interpretation

   8.      Definitions
   10.     Meanings of electrical risk, electrically safe and electrical safety
   11.     Meaning of serious electrical incident
   12.     Meaning of dangerous electrical event
   13.     Meaning of appliance
   14.     Meaning of electrical equipment
   15.     Meaning of electrical installation
   16.     Meaning of electric line
   17.     Meaning of associated equipment for electric line
   18.     Meaning of electrical work
   19.     Types of electrical work for this Act
   20.     Meanings of electrical work licence and electrical contractor licence
   21.     Meaning of employer
   22.     Meaning of worker
   23.     Meaning of self-employed person
   24.     Meaning of person in control of electrical equipment
   25.     Meaning of works of an electricity entity

           Part 2--Electrical safety obligations

           Division 1--Preliminary

   26.     Obligations for electrical safety
   27.     Obligation offence provision
   28.     Person may owe obligations in more than 1 capacity

           Division 2--Electrical safety obligations

   29.     Obligation of electricity entity
   30.     Obligation of employer or self-employed person
   31.     Obligation of designer of electrical equipment
   32.     Obligation of manufacturer of electrical equipment
   33.     Obligation of importer of electrical equipment
   34.     Obligation of supplier of electrical equipment
   35.     Additional obligations of designer, manufacturer, importer or supplier of electrical equipment
   36.     Obligation of installer of electrical equipment or electricalinstallation
   37.     Obligation of repairer of electrical equipment or electricalinstallation
   38.     Obligation of person in control of electrical equipment
   39.     Obligations of worker
   40.     Obligations of other person

           Division 2A--Ministerial recall orders

   40A.    Minister may make recall order
   40B.    Notice required before making recall order
   40C.    Service of recall order
   40D.    Nature of recall order
   40E.    Supplier must help responsible person

           Division 3--Regulations, ministerial notices and codes of practice relating to electrical safety obligations

   41.     Effect of regulation for discharge of electrical safety obligation
   42.     Ministerial notice about discharging electrical safetyobligation
   43.     Effect of ministerial notice for discharge of electrical safety obligation
   44.     Code of practice about discharging electrical safety obligation
   45.     Effect of code of practice for discharge of electrical safety obligation

           Division 4--Defences

   46.     Defence in proceeding for offence against obligation offence provision
   47.     Further defence if no regulation, ministerial notice or code of practice

           Division 5--Effect of Act on civil liability

   48.     No civil cause of action based on contravention of Act

           Part 3--Enforceable undertakings

   49.     Meaning of electrical safety undertaking
   49A.    Giving electrical safety undertaking
   50.     Acceptance and publication of electrical safety undertaking
   51.     Proceeding for alleged contravention
   52.     Compliance with undertaking
   53.     Withdrawal or variation of undertaking
   54.     Contravention of electrical safety undertaking

           Part 4--Licences

           Division 1--Requirements for electrical licences

   55.     Requirement for electrical work licence
   56.     Requirement for electrical contractor licence
   57.     Compliance with conditions and restrictions
   57AA.   Employer or self-employed person must ensure workers are appropriately licensed
   57AB.   Employers and self-employed persons must keep register of licensed workers
   57AC.   Licence holder engaged by employer or self-employed person must notify particular changes

           Division 1A--Rectification of defective electrical work

   57A.    Power of chief executive to direct defective electrical work to be rectified
   57B.    Notice of proposed action

           Division 2--Electrical licence applications

   58.     Definition for div 2
   59.     Application for issue of electrical licence
   60.     Application for renewal of electrical licence
   61.     Application for reinstatement of electrical licence
   62.     Further information or documents to support electrical licence application
   63.     Electrical licence conditions and restrictions
   64.     Chief executive to give reasons for refusal of application or for conditions

           Division 2A--Miscellaneous requirements

   64A.    Chief executive may ask for further information or documents from licence holder

           Division 3--External licences

   65.     External licence recognition provision

           Part 5--Safety management systems for electricity entities

   66.     Definitions for pt 5
   67.     Obligation of prescribed electricity entity

           Part 6--Commissioner for electrical safety

   68.     Appointment of commissioner
   69.     Qualifications for appointment
   70.     Employment provisions
   71.     End of appointment
   72.     Acting commissioner
   73.     Commissioner's functions
   74.     Commissioner's powers

           Part 7--Electrical Safety Board

           Division 1--The board and its functions

   75.     Establishment
   76.     Functions of board

           Division 2--Board membership

   77.     Composition of board
   78.     Conditions of appointment to board
   79.     When appointed member's office becomes vacant
   80.     Leave of absence

           Division 3--Conduct of board proceedings

   81.     Times of board meetings
   82.     Conduct of proceedings
   83.     Disclosure of interests
   84.     Minutes

           Division 4--General

   85.     Annual report

           Part 8--Board committees

           Division 1--Introduction

   86.     Establishment of board committees

           Division 2--Electrical Licensing Committee

   87.     Establishment
   88.     Functions of licensing committee
   89.     Composition of licensing committee

           Division 3--Electrical Safety Education Committee

   90.     Establishment
   91.     Function of safety education committee
   92.     Composition of safety education committee

           Division 4--Electrical Equipment Committee

   93.     Establishment
   94.     Functions of equipment committee
   95.     Composition of equipment committee

           Division 5--Advisory committees

   96.     Establishment
   97.     Function of advisory committee
   98.     Composition of advisory committee

           Division 6--Board committee membership

   99.     Conditions of appointment to board committee
   100.    When appointed member's office becomes vacant
   101.    Leave of absence

           Division 7--Conduct of board committee proceedings

   102.    Times of board committee meetings
   103.    Conduct of proceedings
   104.    Disclosure of interests
   105.    Minutes and reports

           Part 9--Disciplinary action

           Division 1--Grounds for disciplinary action

   106.    Licensed electrical worker
   107.    Licensed electrical contractor

           Division 2--Types of disciplinary action

   108.    Purpose of div 2
   109.    Electrical licence issued by chief executive
   110.    External licence
   111.    Electrical contractor licence issued by chief executive but no longer in force
   112.    Penalties

           Division 3--Procedures for taking disciplinary action

   113.    Application of div 3
   114.    Preliminary notice
   115.    Hearing
   116.    Disciplinary hearing notice
   117.    Disciplinary hearing a meeting of the licensing committee
   118.    Disciplinary hearing requirements
   119.    Evidence and findings in other proceedings may be received or adopted
   120.    Licensing committee to keep record of disciplinary hearing
   121.    Decision about taking disciplinary action

           Part 10--Inspectors and accredited auditors

           Division 1--Inspectors

   122.    Appointment and qualifications
   123.    Appointment conditions and limit on powers
   124.    Issue of identity card
   125.    Production or display of identity card
   126.    When inspector ceases to hold office
   127.    Resignation
   128.    Return of identity card

           Division 2--Accredited auditors

   129.    Appointment and qualifications
   130.    Appointment conditions and limit on powers
   131.    Issue of identity card
   132.    Production or display of identity card
   133.    When accredited auditor ceases to hold office
   134.    Suspension or revocation of accredited auditor's appointment
   135.    Resignation
   136.    Return of identity card
   136A.   Chief executive may ask for further information or documents from accredited auditor

           Part 11--Enforcement

           Division 1--Entry of places

   137.    Power to enter place

           Division 2--Procedure for entry

   138.    Entry with consent
   139.    Procedure for entries in urgent circumstances
   140.    Application for warrant
   141.    Issue of warrant
   142.    Special warrant
   143.    Warrant—procedure before entry

           Division 3--General powers of inspectors

   143A.   Inspectors may give advice to persons with electrical safety obligation
   144.    General powers after entering place
   145.    Power to seize evidence
   146.    Inspector's power to seize unsafe electrical equipment at an entered place
   146A.   Inspector's power to seize other unsafe electrical equipment
   147.    Powers supporting seizure
   148.    Inspector may require thing's return
   149.    Receipt for seized thing
   150.    Forfeiture of seized thing
   151.    Return of seized thing
   151A.   Returning seized electrical equipment that is not electrically safe
   152.    Access to seized thing

           Division 4--Improvement notices, electrical safety protection notices and unsafe equipment notices

   153.    Improvement notice
   154.    Electrical safety protection notice
   155.    Unsafe equipment notice
   156.    Order to secure compliance with notices

           Division 5--Other investigative powers

   157.    Power to require name and address
   157A.   Power to inquire into serious electrical incident or dangerous electrical event
   158.    Power to require production of certain documents

           Division 6--Other enforcement matters

   159.    Analysis of sample
   160.    Compensation
   161.    Forfeiture on conviction
   162.    Dealing with forfeited thing
   163.    Inspector to give notice of damage
   164.    Provision of information by retail entity

           Division 7--Emergency appointments

   165.    Appointment of temporary inspector
   166.    Exercise of powers by temporary inspector

           Part 12--Reviews and appeals

           Division 1--Interpretation

   167.    Definitions for pt 12

           Division 2--Review of decisions

   168.    Application for review
   169.    Procedure for review
   170.    Review of decision
   171.    Stay of operation of original decision

           Division 3--Appeals

   172.    Appeal
   173.    How to start appeal
   174.    Stay of operation of decisions
   175.    Hearing procedure
   176.    Assessors
   177.    Powers of court on appeal

           Part 13--Proceedings and offences

           Division 1--Evidence

   178.    Application of div 1
   179.    Proof of appointment and authority unnecessary
   180.    Proof of signature
   181.    Evidentiary aids
   182.    Expert report
   183.    Analyst's certificate or report
   184.    Certificate about action on electrical licence
   185.    Use of code of practice

           Division 2--Other matters about proceedings

   186.    Proceeding for offence
   187.    Limitation on time for starting proceedings
   188.    Responsibility for act or omission of representative
   189.    Costs of investigation
   189A.   Information during sentencing of impact of offence on person
   190.    Recovery of fee
   191.    Charge for offence against obligation offence provision
   192.    Disciplinary action and offences

           Division 2A--Proceedings against government bodies

   192A.   Definitions for div 2A
   192B.   Government body may be prosecuted
   192C.   Responsible entity for a proceeding against the State
   192D.   Penalties in proceedings against government body
   192E.   Notices may be given to a government body

           Division 3--General offence provisions

   193.    Definition for div 3
   194.    False or misleading statement
   195.    False or misleading document
   196.    Obstructing inspector
   196A.   Discrimination or victimisation
   197.    Person not to encourage refusal to answer question
   198.    Impersonating inspector or accredited auditor
   199.    Executive officer offence provision

           Part 14--Miscellaneous provisions

           Division 1--Electrical safety contributions

   200.    Purpose of div 1
   201.    Electrical safety contribution to be paid
   202.    Electrical safety contribution notice
   203.    Working out electrical safety contribution amounts
   204.    Consultation with distribution entities

           Division 2--General

   205.    Protecting officials from liability
   205A.   Confidentiality
   205B.   Giving information to corresponding entity
   206.    Electrical safety notification
   207.    Delegation by chief executive
   208.    Forms
   209.    Charges for services
   210.    Regulation-making power

           Part 15--Transitional provisions for Act No. 42 of 2002

           Division 1--Interpretation

   211.    Definitions for pt 15

           Division 2--Transitional references

   212.    References to Electricity Act and Electricity Regulation
   213.    References to EWC Board

           Division 3--Councils, EWC Board and licence matters

   214.    Electricity Health and Safety Council and Queensland Electrical Education Council
   215.    Electrical Approval and Energy Labelling Advisory Committee
   216.    Abolition of EWC Board
   217.    Assets and liabilities of EWC Board
   218.    Proceedings
   219.    Existing contracts
   220.    Disciplinary action not started
   221.    Disciplinary action started but not finished
   222.    Disciplinary action taken before commencement
   223.    Licensing committee may require person to correct defective work
   224.    Annual report
   225.    Existing licences
   226.    Existing application for previous licence
   227.    Existing application for renewal of previous licence
   228.    Partial postponement of requirement for electrical contractor licence

           Division 4--Other transition from Electricity Act

   229.    Action under this Act not prevented
   230.    Review and appeal of decision made before commencement
   231.    Inspector has powers of authorised person for Electricity Act provisions of continuing application
   232.    Action before commencement to disconnect electricalinstallation or works
   233.    Action before commencement to make cathodic protection system inoperable
   234.    Direction before commencement not to sell or hire unsafeelectrical articles
   235.    Requirement before commencement to produce document
   236.    Notice by occupier of electrical incident happening before commencement
   237.    Notice by licensed electrical contractor of electrical accident happening before commencement
   238.    Notice by electricity entity of accident
   239.    Accident reported to electricity entity before commencement
   240.    Making unsafe things safe
   241.    Evidentiary certificate of member or officer of EWC Board

           Part 16--Transitional provision for Workers' Compensation and Rehabilitation and Other Acts Amendment Act 2004

   242.    Existing codes of practice

           Part 17--Transitional provision for Workplace Health and Safety and Other Legislation Amendment Act 2008

   243.    Applications to Supreme Court

           Part 18--Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009

   244.    Definition for pt 18
   245.    Notices published in industrial gazette
   246.    Effect of regulation amendment
           SCHEDULE 2 -- DICTIONARY
           Endnotes