ELECTRICAL SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 4 - SECT 8 8 Insertion of new pt 2A

ELECTRICAL SAFETY AND OTHER LEGISLATION AMENDMENT ACT 2011 No. 4 - SECT 8

After section 48—

insert—

'In this part—

another State includes New Zealand.

certificate of conformity has the meaning given by a regulation made for this part.

corresponding law means a law of another State that provides for the same, or substantially the same, matter as—

(a) this part or a regulation made for this part; or

(b) a provision of this part or a regulation made for this part.

in-scope electrical equipment see section 48B.

level 2 in-scope electrical equipment has the meaning given by a regulation made for this part.

level 3 in-scope electrical equipment has the meaning given by a regulation made for this part.

national register see section 48D.

participating jurisdiction means another State that has enacted or made a corresponding law.

recognised external certification scheme means a scheme declared to be a recognised external certification scheme under section 48J.

register means to register in the national register.

responsible supplier, of in-scope electrical equipment, means—

(a) a person who manufactures the electrical equipment in, or imports the electrical equipment into, Australia; or

(b) if New Zealand is a participating jurisdiction, a person who manufactures the electrical equipment in, or imports the electrical equipment into, New Zealand.

'(1) In-scope electrical equipment is low voltage electrical equipment that is designed, or marketed as suitable, for household, personal or similar use.

'(2) It is immaterial whether the low voltage electrical equipment is also designed or marketed to be used for commercial or industrial purposes.

'It is the intention of the Parliament that the operation of this part and a regulation made for this part are to, as far as possible, include operation in relation to the following—

(a) things situated in or outside the territorial limits of Queensland;

(b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Queensland;

(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this part and a regulation made for this part, be governed or otherwise affected by the law of another jurisdiction.

'(1) The chief executive must establish and maintain an in-scope electrical equipment safety system register (the national register).

'(2) The national register must be available for the purposes of this Act and each corresponding law—

(a) to register responsible suppliers and level 2 or 3 in-scope electrical equipment; and

(b) to record information about certificates of conformity and other matters; and

(c) to access information in the register.

'(3) The registration matters mentioned in subsection (2)(a) and the information matters mentioned in subsection (2)(b) are to be kept separately.

'(4) The national register must be in electronic form available, on the internet, for use by any person for the purposes mentioned in subsection (2).

'(5) The chief executive may comply with subsections (1) to (4) by entering into an agreement with an entity under which the entity establishes and maintains the national register for the chief executive.

'(6) It is immaterial where the national register is located.

'(1) A person may register any matter, or record any information about a matter in the national register, by accessing the national register on the internet—

(a) inputting the information; and

(b) making the declaration (if any); and

(c) paying the fee (if any);

as indicated by prompts or fields in the register.

'(2) A person who responds to the prompts or fills in the fields is taken to have given the information or made the declaration concerned.

'A matter registered in the national register, or information recorded in the national register, is taken to be registered or recorded under this Act whether the registration or inclusion was done for the purposes of this Act or a corresponding law.

'(1) This section applies if—

(a) the registration of a matter is cancelled under a corresponding law; or

(b) information recorded in the national register is omitted under a corresponding law.

'(2) The registration is cancelled or the information is omitted for the purpose of this Act.

'(3) However, the cancellation or omission does not entitle a person to apply for a review of the decision resulting in the cancellation or omission, or to appeal against that decision, under part 12.

Note—

For any review of the decision, see the corresponding law.

'(1) This section applies if—

(a) the registration of a responsible supplier or of level 2 or 3 in-scope electrical equipment is cancelled under a corresponding law; and

(b) the chief executive is notified of the cancellation under arrangements agreed to by the chief executive.

'(2) The chief executive must record notice of the cancellation in the national register.

'(1) This section applies for prescribing fees under a regulation for the registration of responsible suppliers or level 2 or 3 in-scope electrical equipment.

'(2) The fees prescribed may be prescribed at a premium level having regard to the following—

(a) under this Act and corresponding laws matters registered in the national register will be taken to be registered under this Act and each corresponding law; and

(b) under an agreement between the State and the participating jurisdictions—

(i) the only fees payable for registration, whether under this Act or a corresponding law, will be the fees prescribed under the regulation; and

(ii) the fees will—

(A) in the first instance, be paid to the chief executive through the national register; and

(B) be paid by the chief executive into the fund; and

(C) be paid from the fund as mentioned in section 204C(1).

'(3) Subsection (2) does not limit the matters that may be taken into account when prescribing the fees but may extend the matters.

'(4) Subsections (1) and (2) do not limit the fees that may be prescribed under section 210(4) for this part or the national register.

'(5) A fee payable under subsection (2) must be paid under section 48E(1) or the equipment safety rules.

'(1) The chief executive may, by gazette notice, declare a scheme for the certification of types of in-scope electrical equipment to be a recognised external certification scheme.

'(2) A regulation may make provision about the declaration of a scheme under subsection (1).

'(1) The chief executive may make rules under this part (the equipment safety rules).

'(2) Without limiting subsection (1), a rule may—

(a) be about—

(i) the registration of matters including the declarations to be made by responsible suppliers relating to their registration and to their registration of level 2 or 3 in-scope electrical equipment; or

(ii) the recording of any information in the national register;

(iii) the correction, change or withdrawal of information recorded in the national register in relation to the registration of a matter or otherwise; or

(iv) process for issuing certificates of conformity; or

(b) approve an entity as an approved testing entity.

'(3) A rule may contain other information relating to this part or a regulation.

'(4) A rule must not be inconsistent with this Act.

'(5) The chief executive must notify the making of a rule in the gazette.

'(6) A rule takes effect—

(a) on the day the making of the rule is notified in the gazette; or

(b) if a later day is stated in the notice or the rule—on that day.

'(7) The chief executive must make a copy of the equipment safety rules available for public inspection on the department's website on the internet.

Editor's note—

The address of the department's website is .'.