ELECTRICAL SAFETY ACT 2002

Queensland Consolidated Acts

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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

Division 4--Interpretation

8. Definitions
9. Notes in text
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 electrical
37. Obligation of repairer of electrical equipment or electrical
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 safety
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 electrical
233. Action before commencement to make cathodic protection system inoperable
234. Direction before commencement not to sell or hire unsafe
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

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