Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Electricity Industry Acts (Amendment) Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2--ELECTRICITY INDUSTRY ACT 1993 3
3. Amendment of section 162 3
4. Prohibited interests 3
PART 3--ELECTRICITY SAFETY ACT 1998 6
5. Principal Act 6
6. Definitions 6
7. Contractors 6
8. New section 41A inserted 6
41A. Responsible person 6
9. Compliance and testing of electrical installation work 7
10. Inspection of electrical installation work 8
11. New sections 45A and 45B inserted 9
45A. Certificates of electrical safety 9
45B. Supply of certificate forms 11
12. Installation of electric lines 14
13. Appeals 14
14. Electric line clearance 15
15. Heading to Part 10 15
16. New Division 1 substituted in Part 10 15
Division 1--Electricity safety managers 15
98. Application for acceptance 15
99. Validation of application 16
100. Consideration of application 17
101. Determination of application 17
102. Acceptance of electricity safety manager 18
103. Provisions relating to acceptance 19
104. Directions of Office 21
105. Compliance audits 21
i
532159B.I1-22/10/98
Clause Page
106. Revocation or ending of acceptance 22
17. Heading to Division 2 of Part 10 23
18. Electricity safety management scheme 23
19. Exemptions 23
20. New section 114A inserted 24
114A. Compliance audits 24
21. Lapsing of scheme 24
22. New Part 11A inserted 25
PART 11A--INFRINGEMENT NOTICES 25
140A. Definition 25
140B. Power to serve a notice 25
140C. Form of notice 25
140D. Infringement penalties 26
140E. Late payment of penalty 26
140F. Withdrawal of notice 27
140G. Payment expiates offence 27
140H. Payment not to have certain consequences 28
140I. Prosecution after service of infringement notice 28
140J. Enforcement of infringement penalty 29
23. New section 145A inserted 29
145A. Offences under Part 8 29
24. New section 149A inserted 29
149A. Electricity safety managers 29
25. Electricity safety management scheme regulations 30
26. Electric line clearance regulations 31
27. Installation safety 31
28. Equipment safety regulations 31
29. Equipment efficiency regulations 32
30. General regulation-making powers 32
PART 4--STATE ELECTRICITY COMMISSION ACT 1958 33
31. Repeal 33
NOTES 34
ii
532159B.I1-22/10/98
PARLIAMENT OF VICTORIA
A BILL
to make further amendments to the Electricity Industry Act 1993 and
the State Electricity Commission Act 1958 and to amend the
Electricity Safety Act 1998 and for other purposes.
Electricity Industry Acts (Amendment)
Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is--
(a) to make further provision about the
5 separation of the generation and distribution
sectors of the electricity industry;
1
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 2
Act No.
(b) to make certain amendments to the
Electricity Safety Act 1998;
(c) to repeal certain provisions of the State
Electricity Commission Act 1958.
5 2. Commencement
(1) Parts 1, 2 and 4 come into operation on the day on
which this Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
10 day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
1999, it comes into operation on that day.
_______________
15
2
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 3
Act No.
PART 2--ELECTRICITY INDUSTRY ACT 1993
3. Amendment of section 162
(1) In section 162(2)(b) of the Electricity Industry
Act 1993 after "(b)" insert "subject to sub-section
5 (2AAA),".
(2) After section 162(2A) of the Electricity Industry
Act 1993 insert--
"(2AAA) The Office does not have to be satisfied as to
the applicant's technical capacity to comply
10 with the conditions of the licence at the time
it is issued if--
(a) the activities specified in the licence are
not likely to be commenced to be
carried out within the next following
15 12 months; and
(b) the application is granted subject to
such conditions as are determined by
the Office relating to further approval
of the applicant's technical capacity or
20 approval of future facilities necessary
for the carrying out of the activities.".
4. Prohibited interests
(1) After section 173(6) of the Electricity Industry
Act 1993 insert--
25 "(6A) A person does not hold a prohibited interest
within the meaning of sub-section (2), (3) or
(4) by reason only of holding an interest in a
licensee that is a generation company (not
being a generation company to which a
30 licence was issued under Part 12 on
31 January 1995) if--
(a) the generation company, in the opinion
of the Office, has since the
3
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 4
Act No.
commencement of section 4 of the
Electricity Industry Acts
(Amendment) Act 1998, established,
or proposes to establish, a new facility
5 for the generation of electricity for
supply or sale; and
(b) the Office, having regard to any
guidelines prescribed for the purpose of
this section, is satisfied that the holding
10 of such an interest would not be likely
substantially to lessen competition in a
market in which electricity is bought
and sold in Victoria, whether or not that
market extends beyond Victoria; and
15 (c) the Office certifies in writing that the
person does not hold a prohibited
interest by reason only of holding that
interest.
(6B) Sub-section (6A) ceases to have effect on
20 31 December 2000.
(6C) Despite sub-section (6B), a person does not
hold a prohibited interest by reason only of
holding an interest to which a certificate
given by the Office before 1 January 2001
25 applies.".
(2) In section 173(7)(a) of the Electricity Industry
Act 1993, after "the Office" insert ", having
regard to any guidelines prescribed for the
purposes of this section,".
30 (3) After section 173(8) of the Electricity Industry
Act 1993 insert--
"(9) Without limiting the matters that may be
included in guidelines prescribed for the
4
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 4
Act No.
purposes of this section, the guidelines may
require the Office to take into account--
(a) the actual and potential level of
competition in a market in which
5 electricity is bought and sold in
Victoria (whether or not that market
extends beyond Victoria);
(b) the height of barriers to entry to that
market;
10 (c) the level of concentration in that
market;
(d) the degree of countervailing power in
that market;
(e) the likelihood that the holding of the
15 interest would result in the holder being
able to significantly and sustainably
increase prices or profit margins;
(f) the extent to which substitutes are
available in that market or are likely to
20 be available in that market;
(g) the dynamic characteristics of that
market, including growth and
innovation;
(h) the likelihood that the holding of the
25 interest would adversely affect
vigorous and effective competition in
that market;
(i) the nature and extent of vertical
integration in that market.".
30 _______________
5
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 5
Act No.
PART 3--ELECTRICITY SAFETY ACT 1998
5. Principal Act
No. 25/1998. In this Part, the Electricity Safety Act 1998 is
called the Principal Act.
5 6. Definitions
In section 3 of the Principal Act--
(a) insert the following definitions--
' "accepted electricity safety manager"
means a person in respect of whom an
10 Order of the Governor in Council under
Division 1 of Part 10 is in force;
"relevant function", in Division 1 of
Part 10, means a function under section
31, 40, 55, 56, 58, 60, 61 or 62 or a
15 regulation relating to any of those
sections;';
(b) in the definition of "accepted electricity
safety management scheme" before "Part 10"
insert "Division 2 of".
20 7. Contractors
In section 30 of the Principal Act, for paragraphs
(a) and (b) substitute "registered under this
Division as an electrical contractor in respect of
electrical contracting of that class and holds the
25 prescribed insurance (if any).".
8. New section 41A inserted
After the heading to Division 3 of Part 3 of the
Principal Act insert--
"41A. Responsible person
6
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 9
Act No.
In this Division a reference to the person
who is responsible for the carrying out of
electrical installation work is a reference--
(a) to a registered electrical contractor, if
5 the registered electrical contractor is
engaged to carry out the work; or
(b) to a person in a prescribed class of
persons, if that person is engaged to
carry out the work;
10 (c) if paragraphs (a) and (b) do not apply
and the work is carried out by a
licensed electrical installation worker
under the supervision of another
licensed electrical installation worker,
15 to the licensed electrical installation
worker who supervised the work;
(d) if paragraphs (a), (b) and (c) do not
apply, to the licensed electrical
installation worker who carried out the
20 work.".
9. Compliance and testing of electrical installation work
(1) In section 44(b) of the Principal Act after
"electricity supply" insert ", or if the electrical
circuits or electrical equipment handled in the
25 course of that work were not disconnected from
the electricity supply, before the work is first used
after it is completed".
(2) At the end of section 44 of the Principal Act
insert--
30 '(2) A licensed electrical installation worker who
carries out electrical installation work must,
within 4 business days after the completion
of that work--
(a) complete and sign a compliance
35 certificate in respect of that work; and
7
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 10
Act No.
(b) if the worker is not the person
responsible for the carrying out of the
work, give to the person who is
responsible for the carrying out of the
5 work a signed compliance certificate in
respect of that work.
Penalty: 10 penalty units.
(3) A licensed electrical installation worker must
not sign a compliance certificate in relation
10 to any electrical installation work carried out
by that worker unless the certificate--
(a) describes the work; and
(b) states that the work complies with this
Act and the regulations; and
15 (c) contains any other details in relation to
the work required by the regulations.
Penalty: 10 penalty units.
(4) In this section "certificate of compliance"
means the certificate of compliance part of a
20 certificate of electrical safety form.'.
10. Inspection of electrical installation work
(1) In section 45(1) of the Principal Act after
"electricity supply" insert ", or if the electrical
circuits or electrical equipment handled in the
25 course of the work were not disconnected from
the electricity supply, before the work is first used
after it is completed".
(2) In section 45(2) of the Principal Act for "the
regulations" substitute "this section".
30 (3) After section 45(2) of the Principal Act insert--
'(3) A licensed electrical inspector who carries
out an inspection of prescribed electrical
8
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 11
Act No.
installation work must within 4 business
days after the completion of that inspection,
give to the person who is responsible for the
carrying out of the work a signed certificate
5 of inspection in respect of that work.
Penalty: 10 penalty units.
(4) A licensed electrical inspector must not sign
a certificate of inspection of any prescribed
electrical installation work unless the
10 certificate--
(a) describes the work; and
(b) states that the inspector has inspected
the work;
(c) states whether or not the work complies
15 with this Act and the regulations; and
(d) contains any other details in relation to
the work required by the regulations.
Penalty: 10 penalty units.
(5) In this section "certificate of inspection"
20 means the certificate of inspection part of a
certificate of electrical safety form.'.
11. New sections 45A and 45B inserted
After section 45 of the Principal Act insert--
'45A. Certificates of electrical safety
25 (1) The person who is responsible for the
carrying out of electrical installation work
must in accordance with this section--
(a) ensure that a certificate of electrical
safety is completed in respect of that
30 work; and
(b) within the required time--
9
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 11
Act No.
(i) give the completed certificate of
electrical safety in respect of that
work to the person for whom the
work was carried out; and
5 (ii) give a copy of that certificate to
the Office.
Penalty: 10 penalty units.
(2) A certificate of electrical safety must
contain--
10 (a) a certificate of compliance completed
under section 44 for the installation
work by the licensed electrical
installation worker who carried out the
work; and
15 (b) in the case of prescribed electrical
installation work, a certificate of
inspection of the installation work
completed under section 45 by a
licensed electrical inspector.
20 (3) The person who is responsible for the
carrying out of electrical installation work
must not give a certificate of electrical safety
under sub-section (1) unless the certificate
form used is a certificate form supplied to
25 that person under section 45B.
Penalty: 10 penalty units.
(4) A document is not a certificate of electrical
safety unless the certificate form used is a
form that has been supplied by the Office or
30 a person authorised by the Office.
(5) A certificate of electrical safety may be a
periodic certificate covering all electrical
installation work (other than prescribed
electrical installation work) for which a
10
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 11
Act No.
person is responsible that is carried out
within a period of 3 months.
(6) In this section the required time--
(a) in the case of prescribed electrical
5 installation work, is 4 business days
after the certificate of inspection of that
work is given under section 45(3); and
(b) in the case of electrical installation
work under a periodic certificate of
10 electrical safety, is 4 business days after
the end of the period of 3 months to
which the certificate relates; and
(c) in the case of any other electrical
installation work is one month after the
15 certificate of compliance for that work
is completed under section 44(2).
45B. Supply of certificate forms
(1) The Office may sell certificate of electrical
safety forms to registered electrical
20 contractors and licensed electrical
installation workers and prescribed persons.
(2) The Office may authorise a person to sell
certificate of electrical safety forms to
registered electrical contractors and licensed
25 electrical installation workers and prescribed
persons.
(3) In authorising a person, the Office may
impose any conditions on its authorisation
that it thinks appropriate and may change
30 any such condition at any time.
(4) A person authorised by the Office to sell
certificate of electrical safety forms--
(a) must not sell or give a certificate of
electrical safety form to a person who is
11
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 11
Act No.
not a registered electrical contractor, a
licensed electrical installation worker
or prescribed person; and
(b) must not sell a certificate of electrical
5 safety form to a person who is a
registered electrical contractor, a
licensed electrical installation worker
or a prescribed person at a price greater
than the authorised amount; and
10 (c) must comply with any condition
imposed by the Office in granting its
authorisation.
Penalty: 20 penalty units.
(5) The Office must not sell a certificate of
15 electrical safety form to a person who is a
registered electrical contractor, a licensed
electrical installation worker or a prescribed
person at a price greater than the authorised
amount.
20 (6) A registered electrical contractor, a licensed
electrical installation worker or a prescribed
person may authorise a person in writing to
buy certificate of electrical safety forms on
the contractor's or worker's or prescribed
25 person's behalf.
(7) A registered electrical contractor, a licensed
electrical installation worker or a prescribed
person must ensure that only one person has
such an authority at any one time.
30 Penalty: 5 penalty units.
(8) A reference to a registered electrical
contractor or licensed electrical installation
worker or a prescribed person in sub-section
(1), (2), (4) or (5) includes a reference to any
35 person duly authorised by the registered
12
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 11
Act No.
electrical contractor or licensed electrical
installation worker or prescribed person
under sub-section (6).
(9) If--
5 (a) the registration of an electrical
contractor is suspended or cancelled or
expires without renewal under this Act;
or
(b) the licence of an electrical installation
10 worker is suspended, cancelled or
surrendered or expires without renewal
under this Act--
the contractor or worker must return all
unused certificate of electrical safety forms
15 purchased under this section to the Office
within 14 days after that suspension,
cancellation, surrender or expiry.
Penalty: 10 penalty units.
(10) The Office must refund to an electrical
20 contractor or electrical installation worker
the amount paid under this section by the
contractor or worker for any forms returned
under sub-section (9).
(11) If, on the application of a registered
25 electrical contractor, a licensed electrical
installation worker or a prescribed person,
the Office is satisfied that a certificate of
electrical safety form supplied to the
contractor, worker or person under this
30 section is lost or damaged or destroyed, the
Office must provide the contractor, worker
or person with a replacement form at no
charge.
(12) In this section the authorised amount is--
13
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 12
Act No.
(a) $20 (or any other amount specified by
the regulations) for a certificate of
electrical safety form relating to
prescribed electrical installation work;
5 or
(b) $500 (or any other amount specified by
the regulations) for a periodic
certificate of electrical safety form; or
(c) $5 (or any other amount specified by
10 the regulations) for any other certificate
of electrical safety form.
(13) In this section "prescribed person" means a
person in a class of persons prescribed for
the purposes of section 41A(b).'.
15 12. Installation of electric lines
In section 46(3) of the Principal Act for "must not
use that electric line" substitute "must ensure that
the electric line is not at any time connected to a
supply network".
20 13. Appeals
(1) After section 70(2)(a)(iv) of the Principal Act
insert--
"(v) to refuse to supply a certificate of electrical
safety form to a registered electrical
25 contractor, a licensed electrical installation
worker or a prescribed person under section
45B(1); or".
(2) After section 70(6) of the Principal Act insert--
"(7) Nothing in this section permits an appeal to
30 the Electrical Appeals Board against a
14
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 14
Act No.
decision of an accepted electricity safety
manager under Part 3 or Part 4.".
14. Electric line clearance
(1) In section 86(1) of the Principal Act for "or the
5 relevant distribution company" substitute "or,
with the approval of the Office, the relevant
distribution company,".
(2) After section 86(10) of the Principal Act insert--
"(10A) Despite anything to the contrary in this
10 section, sub-section (1) does not empower
the relevant distribution company to give a
notice under that sub-section to a
transmission company or to the operator of a
railway or tramway system.".
15 15. Heading to Part 10
In the heading to Part 10 of the Principal Act omit
"SCHEMES".
16. New Division 1 substituted in Part 10
In Part 10 of the Principal Act, for Division 1
20 substitute--
"Division 1--Electricity safety managers
98. Application for acceptance
(1) A person may apply to the Office for
acceptance as an electricity safety manager
25 for the purposes of this Act.
(2) An application under sub-section (1) must--
(a) be in a form approved by the Office;
and
(b) in accordance with the regulations,
30 specify--
15
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
(i) the relevant functions of the
Office, for which acceptance is
sought; and
(ii) the systems and procedures to be
5 followed for the proper exercise of
those functions; and
(c) be accompanied by--
(i) any documents required by the
Office; and
10 (ii) the relevant prescribed application
fee.
99. Validation of application
(1) The Office may require an applicant under
section 98 to obtain an independent
15 validation of the application.
(2) The Office may require the validation to
assess--
(a) the financial viability of the applicant;
and
20 (b) the capacity of the applicant to exercise
the relevant functions of the Office for
which acceptance is sought; and
(c) any aspect of the proposed systems and
procedures set out in the application.
25 (3) The applicant must establish to the
satisfaction of the Office that each person
undertaking the validation of the application
has the necessary competence and ability and
access to information on the applicant and
30 the application to arrive at an independent
opinion on the application.
(4) If the Office requires an applicant to provide
an independent validation of the application,
16
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
the costs of that validation must be borne by
the applicant.
(5) The Office is not required to proceed with
the consideration of an application until the
5 independent validation is provided.
100. Consideration of application
(1) The Office must publish a notice in a daily
newspaper circulating generally in
Victoria--
10 (a) specifying that an application for
acceptance as an electricity safety
manager has been lodged with the
Office by the person specified in the
notice; and
15 (b) setting out the relevant functions of the
Office for which acceptance is sought;
and
(c) inviting interested persons to make
submissions to the Office in respect of
20 the application within the period and in
the manner specified in the notice.
(2) Subject to this Division and any
requirements specified in the regulations
made for the purposes of this section, the
25 Office may determine the procedures that are
to apply in respect of the recommendation of
a person for acceptance as an electricity
safety manager.
101. Determination of application
30 (1) Subject to this section, the Office may
recommend, or refuse to recommend, a
person for acceptance by the Governor in
Council as an electricity safety manager for
any reason it considers appropriate, having
17
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
regard to the objectives specified in section
7.
(2) The Office must not recommend a person for
acceptance by the Governor in Council
5 unless the Office is satisfied that--
(a) the applicant is financially viable; and
(b) the applicant has the capacity to
exercise the relevant functions of the
Office for which acceptance is sought.
10 (3) The Office must notify an applicant in
writing of its decision to recommend, or to
refuse to recommend, the application and, in
the case of a decision to refuse to
recommend the application, of the reasons
15 for its decision.
102. Acceptance of electricity safety manager
(1) The Governor in Council, by Order
published in the Government Gazette, may
accept a person recommended by the Office
20 in accordance with this Division as an
electricity safety manager for the purposes of
this Act.
(2) The Order must specify--
(a) which of the relevant functions of the
25 Office are to be exercised by the
accepted electricity safety manager;
and
(b) the period of acceptance of the
electricity safety manager.
30 (3) Subject to the regulations and the conditions
to which the acceptance is subject, on the
acceptance of an electricity safety manager,
the manager has and may exercise such of
18
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
the relevant functions of the Office as are
specified in the acceptance Order.
(4) If a relevant function under a provision of
this Act or the regulations is conferred on an
5 accepted electricity safety manager by Order
under this section, a reference to the Office
in that provision is deemed to include a
reference to the accepted electricity safety
manager.
10 (5) If a relevant function under section 56 is
conferred on an accepted electricity safety
manager, a reference to the Office in section
54 is deemed to include a reference to the
accepted electricity safety manager.
15 (6) If a relevant function under section 58 is
conferred on an accepted electricity safety
manager, a reference to the Office in section
57(2) or (3) is deemed to include a reference
to the accepted electricity safety manager.
20 (7) Nothing in this section or an Order under this
section prevents the Office from exercising
any relevant function under this Act or the
regulations.
(8) Despite anything to the contrary in this Act
25 or the regulations, the fees and charges
payable to an accepted electricity safety
manager in respect of the exercise of a
relevant function are the relevant fees and
charges determined by the accepted
30 electricity safety manager in accordance with
the acceptance Order rather than the
prescribed fees and charges.
103. Provisions relating to acceptance
(1) An acceptance under this Division has effect
35 for such term as is specified in the Order.
19
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
(2) An acceptance is subject to such conditions
as are specified in the Order and the
prescribed conditions.
(3) Without limiting the generality of sub-
5 section (2), the conditions may include
provisions--
(a) requiring the payment to the Office of a
bond in accordance with the
regulations;
10 (b) requiring the accepted electricity safety
manager to pay to the Office--
(i) specified fees and charges in
respect of the acceptance of the
electricity safety manager; and
15 (ii) specified annual fees and charges
which may be a percentage of the
fees and charges received by the
electricity safety manager in
exercising the relevant functions
20 authorised by the acceptance
Order;
(c) requiring the accepted electricity safety
manager to enter into agreements on
specified terms or on terms of a
25 specified type;
(d) preventing the accepted electricity
safety manager from engaging in or
undertaking specified business
activities;
30 (e) specifying methods or principles to be
applied in the exercise of the relevant
functions authorised by the acceptance
Order;
(f) requiring the accepted electricity safety
35 manager to provide, in the manner and
20
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
form determined by the Office such
information, including financial
information, as the Office may from
time to time require;
5 (g) requiring the accepted electricity safety
manager to develop, issue and comply
with specified standards, procedures,
policies and practices relating to the
exercise of the relevant functions
10 authorised by the acceptance Order.
104. Directions of Office
(1) The Office may give directions in writing to
an accepted electricity safety manager.
(2) Without limiting sub-section (1), the Office
15 may direct an accepted electricity safety
manager to provide the Office in accordance
with the regulations with information
concerning the licences, registrations,
approvals or certifications granted or given
20 by the accepted electricity safety manager
under this Act.
(3) The accepted electricity safety manager must
comply with the directions of the Office.
Penalty: 50 penalty units.
25 105. Compliance audits
(1) The Office may require an accepted
electricity safety manager--
(a) to obtain, at the intervals determined by
the Office, independent audits of the
30 manager's compliance with this Act and
the regulations and the conditions to
which the acceptance is subject; and
21
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 16
Act No.
(b) to forward a copy of each audit report
to the Office within a time specified by
the Office.
(2) The accepted electricity safety manager must
5 establish to the satisfaction of the Office that
each person undertaking an audit under this
section has the necessary competence and
ability and access to information on the
operations of the manager under this Act and
10 the regulations to enable an independent
audit to be carried out.
(3) If the Office requires an accepted electricity
safety manager to obtain an independent
audit under this section, the costs of that
15 audit must be borne by the manager.
(4) An accepted electricity safety manager must
comply with a requirement of the Office
under this section.
Penalty: 50 penalty units.
20 106. Revocation or ending of acceptance
(1) If the Office determines that an accepted
electricity safety manager--
(a) has failed to comply with the conditions
to which the acceptance is subject; or
25 (b) is not exercising the functions of the
accepted electricity safety manager in
accordance with this Act or the
regulations; or
(c) has failed to comply with a direction
30 under section 104 or a requirement
under section 105--
the Office may recommend to the Governor
in Council that the Order accepting the
electricity safety manager be revoked.
22
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 17
Act No.
(2) On the revocation of an Order accepting an
electricity safety manager or, if the period of
acceptance of an electricity safety manager
ends without a further Order of acceptance
5 of that electricity safety manager having
been made, on the ending of the period of
acceptance of the electricity safety
manager--
(a) a person who was registered or licensed
10 for the purposes of this Act by the
electricity safety manager; and
(b) equipment that was approved or
certified under this Act by the
electricity safety manager--
15 is deemed to be registered, licensed,
approved or certified by the Office under this
Act.".
17. Heading to Division 2 of Part 10
For the heading to Division 2 of Part 10 of the
20 Principal Act substitute--
"Division 2--Electricity safety management
schemes".
18. Electricity safety management scheme
(1) In section 107(1)(b) of the Principal Act after
25 "network operator" insert '("the scheme
operator")'.
(2) In sections 107(2)(a), 111(1)(b) and 114(2) before
"prescribed" insert "relevant".
19. Exemptions
30 In section 113(2) of the Principal Act after
"electrical work" (where secondly occurring)
insert "or from compliance with section 44(2),
45(2), 45(3) or 45A".
23
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 20
Act No.
20. New section 114A inserted
After section 114 of the Principal Act insert--
"114A. Compliance audits
(1) The Office may require a scheme operator--
5 (a) to obtain, at the intervals determined by
the Office, independent audits of the
operator's compliance with the accepted
electricity safety management scheme
applying to that scheme operator; and
10 (b) to forward a copy of each audit report
to the Office within a time specified by
the Office.
(2) The scheme operator must establish to the
satisfaction of the Office that each person
15 undertaking an audit under this section has
the necessary competence and ability and
access to information on the operations of
the scheme operator and the accepted
electricity safety management scheme to
20 enable an independent audit to be carried
out.
(3) If the Office requires a scheme operator to
obtain an independent audit under this
section, the costs of that audit must be borne
25 by the scheme operator.
(4) A scheme operator must comply with a
requirement of the Office under this section.
Penalty: 50 penalty units.".
21. Lapsing of scheme
24
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 22
Act No.
In section 118(1) of the Principal Act after
"section" insert "114A,".
22. New Part 11A inserted
After Part 11 of the Principal Act insert--
5 'PART 11A--INFRINGEMENT NOTICES
140A. Definition
In this Part--
"prescribed offence" means an offence
against section 68(1) or an offence
10 against a prescribed provision of this
Act or the regulations.
140B. Power to serve a notice
(1) An enforcement officer may serve an
infringement notice on any person that he or
15 she has reason to believe has committed a
prescribed offence.
(2) An infringement notice may be served on a
person--
(a) by delivering it personally to the
20 person; or
(b) by sending it by post addressed to the
person's last known place of residence
or business.
140C. Form of notice
25 An infringement notice must state--
(a) the date of the notice;
(b) the provision of this Act or the
regulations that creates the offence;
25
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 22
Act No.
(c) the nature, and a brief description, of
the alleged offence;
(d) the date, time and place of the alleged
offence;
5 (e) the infringement penalty for the alleged
offence;
(f) the manner in which the infringement
penalty may be paid;
(g) the time (being not less than 28 days
10 after the date on which the notice is
served) within which the infringement
penalty must be paid;
(h) that, if the amount of the infringement
penalty is paid before the end of the
15 time specified in the notice, the matter
will not be brought before the
Magistrates' Court unless the notice is
withdrawn within 28 days after the date
on which it was served;
20 (i) that the person is entitled to disregard
the notice and defend any proceedings
in respect of the offence in the
Magistrates' Court;
(j) any other prescribed particulars.
25 140D. Infringement penalties
The infringement penalty for an offence
against a provision of this Act or the
regulations is one-tenth of the maximum
monetary penalty fixed by that provision.
30 140E. Late payment of penalty
An enforcement officer may accept payment
of the infringement penalty even after the
expiration of the time for payment stated in
the infringement notice if--
26
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 22
Act No.
(a) neither a charge has been filed nor a
courtesy letter served under Part 2 of
Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to
5 which the infringement penalty relates;
and
(b) the infringement notice has not been
withdrawn.
140F. Withdrawal of notice
10 (1) An enforcement officer may withdraw an
infringement notice at any time within 28
days after the date on which the notice was
served by serving a withdrawal notice on the
person served with the infringement notice.
15 (2) A withdrawal notice may be served on a
person--
(a) by delivering it personally to the
person; or
(b) by sending it by post addressed to the
20 person's last known place of residence
or business.
(3) An infringement notice may be withdrawn
even if the infringement penalty has been
paid.
25 (4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
is, to the necessary extent, appropriated
accordingly.
30 140G. Payment expiates offence
If an infringement notice is not withdrawn
and the infringement penalty is paid within
the time for payment stated in the notice or is
27
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 22
Act No.
accepted in accordance with section 140E,
then--
(a) the person on whom the notice was
served has expiated the offence by that
5 payment; and
(b) no proceedings may be taken against
that person in respect of that offence;
and
(c) no conviction is to be taken to have
10 been recorded against that person for
that offence.
140H. Payment not to have certain consequences
(1) The payment of an infringement penalty
under this Part is not and must not be taken
15 to be--
(a) an admission of guilt in relation to the
offence; or
(b) an admission of liability for the purpose
of any civil claim or proceeding arising
20 out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.
(2) The payment of an infringement penalty
under this Part must not be referred to in any
25 report provided to a court for the purpose of
determining sentence for an offence.
140I. Prosecution after service of infringement
notice
A charge may be filed in respect of an
30 offence to which an infringement notice
relates if--
(a) the infringement penalty has not been
paid within the time for payment stated
28
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 23
Act No.
in the notice or in accordance with
section 140E; or
(b) the notice is withdrawn.
140J. Enforcement of infringement penalty
5 Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act
1989 if--
(a) the infringement notice is an
10 infringement notice within the meaning
of Schedule 7 to that Act; and
(b) the infringement penalty has not been
paid within the time stated in the notice
or in accordance with section 140E;
15 and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in
accordance with section 140I.'.
23. New section 145A inserted
20 In Division 4 of Part 12 of the Principal Act,
before section 146, insert--
"145A. Offences under Part 8
Proceedings for an offence against Part 8
may be brought only by the Office.".
25 24. New section 149A inserted
After section 149 of the Principal Act insert--
"149A. Electricity safety managers
The Governor in Council may make
regulations for or with respect to--
30 (a) the procedures for recommendation of
persons for acceptance as electricity
safety managers under Part 10;
29
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 25
Act No.
(b) prescribing conditions with which an
accepted electricity safety manager
must comply;
(c) providing for compliance audits of
5 accepted electricity safety managers
under Part 10;
(d) providing for the keeping of records by
an accepted electricity safety manager;
(e) providing for the payment of bonds to
10 the Office by an accepted electricity
safety manager;
(f) regulating and requiring the keeping of
accounts by an accepted electricity
safety manager;
15 (g) empowering the Office to exempt an
accepted electricity safety manager
from all or any of the requirements of
the regulations made in relation to
electricity safety managers.".
20 25. Electricity safety management scheme regulations
In section 150 of the Principal Act--
(a) for paragraph (b) substitute--
"(b) specifying procedures for
recommendation of electricity safety
25 management schemes for acceptance
under Part 10;";
(b) for paragraph (d) substitute--
"(d) providing for compliance audits of
accepted electricity safety management
30 schemes;".
30
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 26
Act No.
26. Electric line clearance regulations
After section 151(c) of the Principal Act insert--
"(d) requiring responsible persons to prepare and
submit to the Office for approval
5 management plans relating to compliance
with the Code and requiring compliance with
an approved management plan.".
27. Installation safety
After section 152(h) of the Principal Act insert--
10 "(ha) the notification (including electronic
notification) to be given to the Office of
completion of certificates of compliance
under section 44 or certificates of inspection
under section 45 or any classes of those
15 certificates;".
28. Equipment safety regulations
(1) In section 153(b) of the Principal Act after
"equipment" insert ", including the provision of
samples of equipment to the Office for testing and
20 the disposal of those samples".
(2) In section 153(e) of the Principal Act--
(a) for "reasonable fees to be charged for"
substitute "reasonable fees and charges to
be charged for or for the recovery of
25 reasonable costs for"; and
(b) for sub-paragraphs (i) and (ii) substitute--
"(i) testing and examination in connection
with the approval of prescribed
electrical equipment and the
31
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 29
Act No.
certification of compliance or
acceptance of electrical equipment;
(ii) preparation of reports in connection
with the approval of prescribed
5 electrical equipment and the
certification of compliance or
acceptance of electrical equipment;".
29. Equipment efficiency regulations
In section 154(e) of the Principal Act for
10 "reasonable fees to be charged for" substitute
"reasonable fees and charges to be charged for or
for the recovery of reasonable costs for".
30. General regulation-making powers
(1) In section 157(1)(b) of the Principal Act after
15 "circumstances" insert "or to refund amounts paid
to the Office in specified circumstances".
(2) After section 157(2)(a) of the Principal Act
insert--
"(aa) so as to apply generally or to be of limited
20 application and may differ according to
differences in circumstances;".
_______________
32
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
s. 31
Act No.
PART 4--STATE ELECTRICITY COMMISSION ACT 1958
31. Repeal
No. 6377.
Sections 15, 15A, 16 and 26A of the State
Reprinted as
Electricity Commission Act 1958 are repealed. at 12 February
1998 and
subsequently
amended by
Nos 25/1998
and 46/1998.
5
33
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
34
532159B.I1-22/10/98
Electricity Industry Acts (Amendment) Act 1998
Act No.
35
532159B.I1-22/10/98
[Index] [Search] [Download] [Related Items] [Help]