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PLUMBERS, GAS FITTERS AND ELECTRICIANS REGULATIONS 2010 - REG 4

PLUMBERS, GAS FITTERS AND ELECTRICIANS REGULATIONS 2010 - REG 4

4—Exemptions

        (1)         A person who—

            (a)         carries on business as a builder, building contractor or architect; or

            (b)         carries on another business the principal purpose of which is the construction, installation, alteration, repair or maintenance of a building, structure, plant or equipment,

is exempt from the requirement to be licensed under the Act as a contractor subject to the condition that any plumbing, gas fitting or electrical work performed by the person is performed in the ordinary course of the business by a person authorised by licence or registration under the Act to perform or carry out work of that kind.

        (2)         A person carrying out electrical work relating to electricity infrastructure owned or operated by an electricity entity that is required to have a safety and technical management plan by condition of licence, or by the regulations, under the Electricity Act 1996 is exempt from the requirement to be registered under the Act as an electrical worker.

        (3)         An employee of The Smith's Snackfood Company Ltd (ACN 057 976 940) (the "Company") is exempt from the requirement to be registered under the Act as a plumbing worker in respect of cold water plumbing carried out in the course of his or her employment in relation to any food processing plant or associated pipes or equipment downstream from a secondary testable backflow prevention device that is downstream from the primary testable backflow prevention device connecting the Company's pipes and equipment at the Company's site at 553-567 South Road, Regency Park, 5010 to the public water supply system.

        (4)         A licensed contractor is exempt from the application of section 12 of the Act in relation to work performed in the course of the contractor's business by a person exempted from the requirement to be registered under the Act in relation to that work.

        (5)         The following work is exempt from the application of the Act:

            (a)         plumbing—

                  (i)         consisting of the installation, alteration, repair, maintenance or disconnection of a cold water pipe not exceeding 25 mm in diameter except where the pipe is in or on a building;

                  (ii)         consisting of the installation, alteration, repair, maintenance or disconnection of a non-testable backflow prevention device;

                  (iii)         consisting of the replacement, alteration, repair, maintenance or disconnection of domestic tapware;

                  (iv)         consisting of the clearing of blockages in pipes not exceeding 50 mm in diameter (or associated traps) installed to convey wastewater to sanitary drains;

                  (v)         relating to stormwater drainage pipes—

                        (A)         consisting of work on pipes not exceeding 90 mm in diameter; or

                        (B)         consisting of work carried out under the supervision of a professional civil engineer;

            (b)         gas fitting—

                  (i)         consisting of connecting or disconnecting a gas cylinder and portable equipment that utilises gas contained in the cylinder; or

                  (ii)         in respect of which a permit is required under the Dangerous Substances Regulations 2002 if carried out by the holder of such a permit;

            (c)         electrical work—

                  (i)         consisting of the oiling, greasing, cleaning or painting of an electrical installation;

                  (ii)         consisting of the installation, alteration, repair or maintenance of an electrical installation—

                        (A)         that is situated outside of a municipality or township if the installation is used in connection with the carrying on of the business of primary production;

                        (B)         the purpose of which is to transmit television or radio programs from a television or radio station;

                  (iii)         consisting of the installation, alteration, repair or maintenance of any system or equipment connected or intended to be connected to and beyond an electrical outlet socket at which fixed wiring terminates, but not including the alteration, repair or maintenance of an electrical connection of a rating above low voltage (as defined in AS/NZS 3000:2007 Australian/New Zealand Standard for Wiring Rules);

                  (iv)         consisting of the replacement of a fuse, switch or two-point outlet socket other than any such equipment or device belonging to a person or body that supplies electricity to the public;

                  (v)         involved in the manufacture or assembling of new equipment;

                  (vi)         consisting of the repair of used equipment for resale when carried out at a workshop of a retailer or wholesaler of equipment of that kind under the supervision (which must include personal checking and approval of each item before resale) of a registered electrical worker authorised by registration to carry out electrical work of that kind without supervision;

            (d)         any work involved in educational courses or in scientific research or experiments.

        (6)         In this regulation—

"business of primary production" has the same meaning as in the Land Tax Act 1936 ;

"electricity entity" means—

            (a)         the holder of a licence under the Electricity Act 1996 authorising the generation of electricity or the operation of a transmission or distribution network; or

            (b)         a person exempted from the requirement to hold such a licence;

"electricity infrastructure" has the same meaning as in the Electricity Act 1996 ;

"municipality" and "township" have the same meanings as in the Local Government Act 1934 .