ELECTRICITY SAFETY BILL 1998

Victorian Bills

[Index] [Search] [Download] [Related Items] [Help]

This is a Bill, not an Act. For current law, see the Acts databases.

ELECTRICITY SAFETY BILL 1998

PARLIAMENT OF VICTORIA Electricity Safety Act 1998 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purpose 1 2. Commencement 2 3. Definitions 2 4. Exemptions 9 5. Act to bind the Crown 10 PART 2--OFFICE OF THE CHIEF ELECTRICAL INSPECTOR 11 6. Establishment 11 7. Objectives of the Office 11 8. Functions 12 9. Powers 13 10. Committees 13 11. Delegation 14 12. Office consists of chief electrical inspector 14 13. Appointment of chief electrical inspector 14 14. Terms and conditions of appointment 14 15. Vacancies, resignations and removal from office 14 16. Acting appointments 15 17. Validity of decisions 15 18. Disclosure of interests 16 19. Corporate plan 16 20. Statement of corporate intent: contents 18 21. Office to act in accordance with corporate plan 18 22. Nothing void merely because of non-compliance 19 23. Protection from liability 19 24. Appointment of persons to assist Office 19 25. Improper use of information 19 26. Costs of Office 20 27. Borrowing and investment by Office 20 28. General Account 20 29. Annual report 21 i 532031B.A1-14/4/98

Clause Page PART 3--ELECTRICAL WORK 22 Division 1--Registration of electrical contractors 22 30. Contractors 22 31. Registration of electrical contractors 22 32. Registered number 23 33. Register of electrical contractors 23 34. Disciplinary action 23 35. Employees of registered electrical contractor 25 36. Electrical contractors not to employ certain persons 25 37. Obligations on registered contractors 26 Division 2--Licensing of electrical workers 26 38. Electrical workers 26 39. Apprentices deemed to be licensed 27 40. Licensing of electrical workers 27 41. Disciplinary action 28 Division 3--Electrical installation work 29 42. Implied conditions relating to electrical installation work 29 43. Safety of electrical installations 29 44. Compliance and testing of electrical installation work 30 45. Inspection of electrical installation work 31 Division 4--Installation of electric lines on public land 31 46. Regulation of installation 31 47. Exemption 33 48. Division not to affect operation of other requirements 34 49. Transitional 34 PART 4--ELECTRICAL EQUIPMENT 36 50. Equipment Advisory Committee 36 51. Function of Committee 36 52. Terms and conditions of appointment of members 36 53. Procedure of Committee 37 54. Standards of electrical equipment 37 55. Certification of compliance of electrical equipment 38 56. Acceptance of electrical equipment by Office 38 57. Prescribed electrical equipment 39 58. Approval of equipment 40 59. Re-examination 41 60. Modifications after approval 41 ii 532031B.A1-14/4/98

Clause Page 61. Approval of samples 41 62. Withdrawal of approval 42 63. Prohibition of supply of electrical equipment 42 64. Offence to disobey prohibition 43 65. Recall of electrical equipment 43 66. Offence to fail to comply with requirement 45 PART 5--ENERGY EFFICIENCY 46 67. Proclaimed electrical equipment 46 68. Proclaimed electrical equipment not to be supplied unless registered and labelled 46 PART 6--ELECTRICAL APPEALS BOARD 47 69. Establishment 47 70. Rights of appeal 47 71. Effect of decisions under appeal 49 72. Nature of an appeal 49 73. What action can be taken on appeal? 49 74. Duties of the Office 50 PART 7--NETWORK OPERATORS AND UNDERGROUND ELECTRIC LINES 51 75. General duties of network operator 51 76. Underground electric lines 51 77. Underground electric lines--obligations of distribution companies 52 78. Protection of underground electric lines 52 PART 8--ELECTRIC LINE CLEARANCE 54 Division 1--General 54 79. Urban area 54 80. Fire hazard rating 54 81. Declared area in urban area 54 82. Operation of Part 55 83. Point of supply 55 Division 2--Responsibility for maintenance of lines 56 84. Requirement to maintain line 57 85. Exercise of powers with respect to lines 58 86. Failure to maintain lines 59 iii 532031B.A1-14/4/98

Clause Page Division 3--Electric Line Clearance Consultative Committee 62 87. Constitution of Committee 62 88. Functions of the Committee 64 89. Procedure for Code 64 90. Offences against Code 65 PART 9--CATHODIC PROTECTION AND MITIGATION OF STRAY CURRENT CORROSION 66 91. Victorian Electrolysis Committee 66 92. Functions of the Committee 67 93. Operation of cathodic protection systems 67 94. Railway or tramway systems 68 95. Mitigation systems 68 96. Directions of Office 69 97. Costs in relation to mitigation systems 69 PART 10--ELECTRICITY SAFETY MANAGEMENT SCHEMES 71 Division 1--Manager Scheme 71 98. Acceptance as manager 71 99. Acceptance as manager 71 100. Determination of application 71 101. Provisions relating to acceptance 72 102. Approval of scheme 74 103. Electricity safety management scheme 74 104. Application 74 105. Approval of contractors and workers under scheme 75 106. Approval of equipment under scheme 76 Division 2--Employer scheme 77 107. Electricity safety management scheme 77 108. Validation of scheme 78 109. Additional information 79 110. Consideration of scheme 79 111. Acceptance of scheme 79 112. Non-acceptance of scheme 80 113. Exemption from regulations 80 114. Compliance with scheme and annual fees 81 115. Revision of scheme--each 5 years 81 116. Office may request submission of revised scheme 82 117. Compliance with request 82 118. Lapsing of scheme 83 iv 532031B.A1-14/4/98

Clause Page 119. Duty of scheme operator 83 120. Compliance with scheme is a defence 84 PART 11--ENFORCEMENT OFFICERS AND POWERS 85 Division 1--Appointment of enforcement officers 85 121. Enforcement officers 85 Division 2--Powers of entry--general 85 122. Powers of entry--compliance 85 123. Occupier to be given copy of consent 87 124. Emergency access 88 125. Powers on entry 89 126. Return of things seized 90 127. Magistrates' Court may extend period 90 128. Entry to be reported to Electrical Appeals Board 90 Division 3--Powers of entry--enforcement 91 129. Powers of entry--enforcement 91 130. Occupier to be given copy of consent 91 131. Search warrant 91 132. Announcement before entry 93 133. Copy of warrant to be given to occupier 93 Division 4--General 94 134. Power of enforcement officer to require information or documents 94 135. Offence to give false information to enforcement officer 95 136. Copying of documents 95 137. Protection against self-incrimination 95 138. Offence to obstruct enforcement officer 95 139. Police to assist enforcement officers 96 140. Impersonation of enforcement officer 96 PART 12--GENERAL 97 Division 1--Directions 97 141. Chief electrical inspector may give directions 97 Division 2--Reporting of serious electrical incidents 98 142. Notification of serious electrical incidents 98 v 532031B.A1-14/4/98

Clause Page Division 3--Improvement notices 99 143. Enforcement officer may issue improvement notice 99 144. Offence not to comply with improvement notice 100 145. Notices may include directions 100 Division 4--Other matters 100 146. Offences by bodies corporate 100 147. Offences by partnerships or unincorporated associations 101 148. False or misleading information 102 PART 13--REGULATIONS 103 149. Supply safety 103 150. Safety management schemes 103 151. Electric line clearance 104 152. Installation safety 105 153. Equipment safety 106 154. Equipment efficiency regulations 107 155. Cathodic protection and stray current corrosion regulations 108 156. Electrical contractors and electrical workers 110 157. General regulation making powers 111 158. Disallowance of regulations 113 PART 14--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS 114 159. Transitional provisions--Office of the Chief Electrical Inspector 114 160. Transitional provisions--electrical contractors and mechanics 114 161. Transitional provision--electrical equipment 115 162. Transitional provision--urban area 115 163. State Electricity Commission Act 1958 116 164. New Part 3A inserted in Electricity Industry Act 1993 117 PART 3A--ELECTRICITY SUPPLY EMERGENCY PROVISIONS 117 47B. Proclamation that this Part applies 117 47C. Powers of Minister 117 47D. Offences 120 47E. Delegation by Minister 122 47F. Judicial notice 123 47G. Immunity from suit 123 165. Further amendment of Electricity Industry Act 1993 123 166. Transport Act 1983 124 167. Repeal of Electric Light and Power Act 1958 124 168. Amendment of Borrowing and Investment Powers Act 1987 124 169. Amendment of Land Act 1958 124 vi 532031B.A1-14/4/98

Clause Page 170. Amendment of Essential Services Act 1958 125 __________________ SCHEDULE 1 126 PART 1--Membership 126 PART 2--Procedure 127 NOTES 132 vii 532031B.A1-14/4/98

PARLIAMENT OF VICTORIA Initiated in Assembly 25 February 1998 As amended by Assembly 9 April 1998 A BILL relating to the safety of electricity supply and use and the efficiency of electrical equipment, to repeal the Electric Light and Power Act 1958, to amend certain other Acts and for other purposes. Electricity Safety Act 1998 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The purpose of this Act is to make further provision relating to the safety of electricity 5 supply and use and the efficiency of electrical equipment. 1 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 2 Act No. 2. Commencement (1) Part 1 comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to sub-section (3), the remaining 5 provisions of this Act come into operation on a 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. 10 3. Definitions In this Act-- "accepted electricity safety management scheme" means an electricity safety management scheme in respect of which an 15 Order of the Governor in Council under Part 10 is in force; "business day" means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 20 1993; "cathodic protection system" means a prescribed system designed to use direct electric current to protect metallic structures from corrosion; 25 "Code" means the Code of Practice for Electric Line Clearance prescribed for the purpose of Part 8; "company assets" means property of an electricity supplier, being the whole or part 30 of any pole, cable, conduit, conductor, device, appliance or other thing used for or in connection with a private electric line; 2 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 3 Act No. "Committee" means-- (a) in Part 4, the Equipment Advisory Committee; (b) in Part 8, the Electric Line Clearance 5 Consultative Committee; (c) in Part 9, the Victorian Electrolysis Committee; "connect", in relation to an electrical installation or electrical equipment, includes make 10 capable of receiving an electric current; "distribution area" means an area in which a licensee under a distribution licence under the Electricity Industry Act 1993 is authorised to distribute electricity; 15 "distribution company" has the same meaning as in the Electricity Industry Act 1993; "electric line" means-- (a) the whole or any part of a wire, cable or other thing used or to be used for the 20 purpose of transmitting, distributing or supplying electricity; or (b) any thing enclosing or supporting such a wire, cable or other thing-- but does not include a wire, cable or other 25 thing directly used in converting electrical energy into another form of energy; "electrical connection work" means connecting or disconnecting electrical equipment to or from a supply of electricity; 3 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 3 Act No. "electrical contracting" means contracting or undertaking to carry out electrical installation work; "electrical contractor" means a person who 5 carries out electrical contracting; "electrical equipment" means any appliance, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to generate, use, convey or 10 control) electricity; "electrical equipment work" means repair, alteration or maintenance of electrical equipment; "electrical inspection work" means testing, 15 inspection or certification of electrical equipment; "electrical installation" means electrical equipment that is fixed or to be fixed in, on, under or over any land; 20 "electrical installation work" means installation, alteration, repair or maintenance of an electrical installation; "electrical installation worker" means a person who carries out electrical installation work; 25 "electrical work" means electrical connection work, electrical equipment work, electrical inspection work or electrical installation work; "electrical worker" means a person who carries 30 out electrical work; "electricity supplier" means a person who supplies electricity to another person; "enforcement officer" means a person appointed as an enforcement officer under Part 11; 4 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 3 Act No. "fire control authority", in relation to an area of land, means-- (a) the Metropolitan Fire and Emergency Services Board, if the area is within the 5 metropolitan fire district within the meaning of the Metropolitan Fire Brigades Act 1958; or (b) the Secretary to the Department of Natural Resources and Environment, if 10 the area is within a fire protected area within the meaning of the Forests Act 1958; or (c) the Country Fire Authority, if the area is within the country area of Victoria 15 within the meaning of the Country Fire Authority Act 1958; "high voltage electric line" means an electric line other than a low voltage electric line; "install" includes lay and place; 20 "low voltage electric line" means an electric line which is ordinarily operated at a voltage not exceeding the voltage prescribed for the purposes of this definition; "maintenance", in Part 8, in relation to an 25 electric line or a private electric line, includes the keeping of the whole or any part of a tree clear of the line; "member", in Part 8, means a member of the Electric Line Clearance Consultative 30 Committee and includes a chairperson, acting chairperson and acting member; 5 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 3 Act No. "mitigation system" means a prescribed system designed to reduce the effects on metallic structures of the leakage of stray electrical currents; 5 "network operator" means a person who owns or operates-- (a) an upstream network; or (b) a railway or tramway system; "occupier", in Part 8 or 11, in relation to land, 10 means a person who is in actual occupation of the land or, if no-one is in actual occupation of the land, the owner of the land; "Office" means the Office of the Chief Electrical 15 Inspector established under Part 2; "officer", in relation to a corporation, has the same meaning as in section 9 of the Corporations Law; "person", in Part 8, includes an unincorporated 20 body or association and a partnership; "point of supply"-- (a) in relation to a low voltage electric line, means-- (i) in the case of an underground line 25 (unless sub-paragraph (iii) applies), the point at which that line crosses the boundary of the land; and (ii) in the case of an overhead line 30 (unless sub-paragraph (iii) applies), the first point of 6 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 3 Act No. connection of that line on the land, being either-- (A) if the line is carried onto the land by one or more poles, 5 the first pole on the land carrying that line; (B) if the line is connected directly to premises on the land, that connection to the 10 premises; or (C) if it is not possible to determine a point of supply in accordance with sub-sub- paragraph (A) or (B), the 15 point at which the line crosses the boundary of the land; and (iii) in the case of a line connected to company assets, the point at 20 which the line is connected to the company assets; and (b) in relation to a high voltage electric line, means the point agreed between the relevant distribution company or the 25 relevant transmission company and the customer supplied by that electric line; "private electric line" means any low voltage electric line used to take electricity from the point of supply, whether or not that line is 30 vested in an electricity supplier; "public land", in Division 4 of Part 3 and Part 8, means-- (a) Crown land; or (b) land vested in a Minister of the Crown; 35 or 7 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 3 Act No. (c) land vested in a public statutory authority or municipal council; or (d) land (whether privately or publicly owned) used for public purposes; 5 "railway or tramway system" has the same meaning as in section 93(1) of the Transport Act 1983; "responsible person", in Part 8, means a person responsible under section 84 for the 10 maintenance of a private electric line or for the keeping of the whole or any part of a tree clear of an electric line; "rural area", in Part 8, means an area that is not an urban area; 15 "serious electrical incident" means an incident involving electricity which causes or has the potential to cause-- (a) the death of or injury to a person; or (b) significant damage to property; or 20 (c) a serious risk to public safety; "supply" includes supply (including re-supply) by way of sale, exchange, lease, hire or hire- purchase; "supply network" means a network consisting of 25 electric lines, generators, substations, circuits and any other thing required for the purposes of the generation, transmission, distribution or supply of electricity; "upstream network" means the part of a supply 30 network that is upstream of the point of supply in relation to electric lines forming part of that supply network; 8 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 4 Act No. "urban area", in Part 8, means an area of land that is predominantly-- (a) subdivided into allotments or lots each of which, in the case of land used or to 5 be used for residential purposes, is not greater than 0�4 hectares; and (b) able to be used or developed under a planning scheme for residential, industrial or commercial purposes; and 10 (c) provided with constructed streets and services; and (d) provided with street lighting installed at not less than 3 lanterns in every 500 metres-- 15 and includes any other area for the time being specified in a notice under section 79 but does not include an area to which a fire control authority has for the time being assigned a fire hazard rating of "high" or 20 "very high" under section 80. 4. Exemptions (1) The Governor in Council, by Order published in the Government Gazette, and on the recommendation of the Office, may declare that 25 the provisions of this Act, or such of the provisions of this Act as are specified in the Order-- (a) do not have effect in relation to specified electrical contractors or electrical workers, 30 or a class of electrical contractors or electrical workers, or do not have effect to such extent as is specified; or (b) do not have effect in relation to specified electrical equipment or a class of equipment 9 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 5 Act No. or do not have effect to such extent as is specified; or (c) do not have effect in relation to specified electrical work or a class of electrical work 5 or do not have effect to such extent as is specified; or (d) do not have effect in relation to a specified responsible person under Part 8 or a class of responsible persons under that Part or do not 10 have effect to such extent as is specified. (2) An Order made under sub-section (1)-- (a) may specify the period during which the Order is to remain in force; or (b) may provide that its operation is subject to 15 such terms and conditions as are specified in the Order. (3) A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the 20 Order is subject. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 25 5. Act to bind the Crown This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 30 _______________ 10 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 6 Act No. PART 2--OFFICE OF THE CHIEF ELECTRICAL INSPECTOR 6. Establishment (1) There is established a body by the name "Office 5 of the Chief Electrical Inspector". (2) The Office-- (a) is a body corporate with perpetual succession; (b) has an official seal; 10 (c) may sue and be sued; (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. 15 (3) All courts must take judicial notice of the seal of the Office affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of the Office must be kept in 20 such custody as the Office directs and must not be used except as authorised by the Office. 7. Objectives of the Office The objectives of the Office are-- (a) to ensure the electrical safety of electrical 25 generation, transmission and distribution systems, electrical installations and electrical equipment; (b) to control the electrical safety standards of electrical work carried out by electrical 30 workers; 11 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 8 Act No. (c) to promote awareness of energy efficiency through energy efficiency labelling of electrical equipment and energy efficiency regulation of electrical equipment; 5 (d) to protect underground and underwater structures from corrosion caused by stray electrical currents; (e) to maintain public and industry awareness of electrical safety requirements. 10 8. Functions The functions of the Office are-- (a) to determine minimum safety standards for electrical equipment, electrical installations and electrical work; 15 (b) to encourage and monitor the use of electricity safety management schemes; (c) to inspect and test electrical equipment, electrical installations and electrical work for compliance with the specified safety 20 standards; (d) to administer the prescribed minimum standards for energy efficiency of electrical equipment; (e) to inspect and test electrical equipment for 25 compliance with the specified minimum standards for energy efficiency; (f) to investigate events or incidents which have implications for electricity safety; (g) to provide advisory and consultative services 30 in relation to electricity safety and electrical equipment, electrical installations and electrical work; 12 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 9 Act No. (h) to advise the electricity industry and the community in relation to electricity safety; (i) to monitor and enforce compliance with this Act and the regulations; 5 (j) such other functions are as conferred on the Office by or under this or any other Act. 9. Powers For the purpose of performing its functions, the Office-- 10 (a) has such powers as are conferred on it by this or any other Act; and (b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of 15 its objectives or the performance of its functions. 10. Committees (1) The Office may establish such committees as it determines. 20 (2) A committee established under sub-section (1) shall consist of-- (a) such officers or employees of the Office; and (b) such other persons-- as the Office determines. 25 (3) The Office must appoint one of the members of the committee as chairperson. (4) Except as otherwise provided by the regulations, the procedure of a committee is in its discretion. 13 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 11 Act No. 11. Delegation The Office may, by instrument under its official seal, delegate any function or power of the Office, other than this power of delegation, to-- 5 (a) an officer or employee of the Office; (b) a member of a committee appointed in accordance with this Part or Part 4, 8 or 9; (c) with the consent of the Minister, another person. 10 12. Office consists of chief electrical inspector The Office consists of the chief electrical inspector. 13. Appointment of chief electrical inspector (1) The Governor in Council, on the recommendation 15 of the Minister, may appoint a person to be the chief electrical inspector. (2) The Public Sector Management Act 1992 (except Part 9) does not apply to the chief electrical inspector in respect of the office of chief 20 electrical inspector. 14. Terms and conditions of appointment (1) The chief electrical inspector shall be appointed for such term, not exceeding 5 years, as is specified in the instrument of appointment, but is 25 eligible for re-appointment. (2) The chief electrical inspector holds office, subject to this Act, on such terms and conditions as are determined by the Minister. 15. Vacancies, resignations and removal from office 30 (1) The chief electrical inspector ceases to hold office if he or she becomes bankrupt. 14 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 16 Act No. (2) The chief electrical inspector may resign by writing delivered to the Minister. (3) The Governor in Council may remove the chief electrical inspector from office. 5 16. Acting appointments (1) The Governor in Council, on the recommendation of the Minister, may appoint a person to act as chief electrical inspector-- (a) during a vacancy in the office of the chief 10 electrical inspector; (b) during any period, or during all periods, when the chief electrical inspector is absent or, for any other reason, is unable to perform the functions of chief electrical inspector-- 15 but a person appointed to act during a vacancy must not continue so to act for more than 6 months, unless re-appointed. (2) An acting appointment shall be for the term and on the conditions determined by the Minister. 20 (3) The Governor in Council may at any time terminate an acting appointment. (4) A person appointed under this section has all the powers, and may perform all the functions, of the person for whom he or she is acting. 25 17. Validity of decisions (1) An act or decision of the Office is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the chief electrical inspector. 30 (2) Anything done by or in relation to a person purporting to act as chief electrical inspector is not invalid merely because-- 15 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 18 Act No. (a) the occasion for the appointment has not arisen; or (b) there was a defect or irregularity in relation to the appointment; or 5 (c) the appointment has ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 18. Disclosure of interests (1) If the chief electrical inspector has a direct or 10 indirect pecuniary interest in a matter being considered, or about to be considered, by the Office, he or she must, as soon as practicable after the relevant facts come to his or her knowledge, disclose the nature of the interest to the Minister. 15 (2) Sub-section (1) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same terms and conditions. (3) A failure to comply with this section does not 20 affect the validity of any act or decision of the Office or chief electrical inspector. 19. Corporate plan (1) The Office must prepare a corporate plan each year. 25 (2) The Office must give a copy of the proposed plan to the Minister and the Treasurer on or before 31 May in each year. (3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the 30 Treasurer and must include-- (a) a statement of corporate intent in accordance with section 20; 16 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 19 Act No. (b) a business plan containing such information as the Treasurer or the Minister requires; (c) financial statements containing such information as the Treasurer requires. 5 (4) The Office must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and the Minister. (5) The Office must-- 10 (a) consult in good faith with the Treasurer and the Minister following communication to it of the comments; and (b) make such changes to the plan as are agreed between the Treasurer, the Minister and the 15 Office; and (c) deliver the completed plan to the Treasurer and the Minister within 2 months after the commencement of the financial year. (6) The plan, or any part of the plan, must not be 20 published or made available except for the purposes of this Part without the prior approval of the Office, the Treasurer and the Minister. (7) The plan may be modified at any time by the Office with the agreement of the Treasurer and the 25 Minister. (8) If the Office, by written notice to the Treasurer and the Minister, proposes a modification of the plan, the Office may, within 14 days, make the modification unless the Treasurer or Minister, by 30 written notice to the Office, directs the Office not to make it. (9) The Treasurer or the Minister may, from time to time, by written notice to the Office, direct the Office to include in, or omit from, a statement of 17 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 20 21 Act No. corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving a direction under this section, the 5 Treasurer and the Minister must consult with the Office as to the matters to be referred to in the notice. (11) The Office must comply with a direction under this section. 10 (12) At any particular time, the statement of corporate intent, the business plan or the financial statements for the Office are the statements and plan last completed, with any modifications or deletions made in accordance with this Part. 15 20. Statement of corporate intent: contents Each statement of corporate intent must specify for the Office, in respect of the financial year to which it relates and each of the 2 following financial years, the following information-- 20 (a) the nature and scope of the activities to be undertaken by the Office and the objectives to be achieved; (b) the accounting policies to be applied in the accounts; 25 (c) the performance targets and other measures by which the performance of the Office may be judged in relation to its stated objectives; (d) the kind of information to be provided to the Treasurer and the Minister by the Office 30 during the course of those financial years; (e) such other matters as may be agreed on by the Treasurer, the Minister and the Office from time to time. 21. Office to act in accordance with corporate plan 18 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. The Office must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister and the Treasurer to do otherwise. 5 22. Nothing void merely because of non-compliance Nothing done by the Office is void or unenforceable merely because the Office has failed to comply with this Part. 23. Protection from liability 10 (1) The chief electrical inspector is not personally liable for anything done or omitted to be done in good faith-- (a) in the exercise of a power or the performance of a function of the Office; or 15 (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function of the Office. (2) Any liability resulting from an act or omission that, but for sub-section (1), would attach to the 20 chief electrical inspector attaches instead to the Office. 24. Appointment of persons to assist Office (1) The Office may appoint or engage such employees and other persons as are necessary for 25 the performance of its functions. (2) The terms and conditions of appointment or employment are as determined by the Office. 25. Improper use of information A person who is, or has been, chief electrical 30 inspector or an employee, agent or contractor of the Office, must not make improper use of any information acquired only in the course of his or her duties in relation to the Office to obtain 19 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 26 Act No. directly or indirectly any pecuniary or other advantage for himself or herself or for any other person. Penalty: 100 penalty units. 5 26. Costs of Office A distribution company must pay to the Office at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that distribution company in 10 respect of the reasonable costs and expenses of the Office. 27. Borrowing and investment by Office The Office has the powers conferred on it by the Borrowing and Investment Powers Act 1987. 15 28. General Account (1) The Office must keep an account called the General Account. (2) The Office must ensure that there is paid into the General Account-- 20 (a) all fees and charges received or recovered under this Act; and (b) all other money received by it or on its behalf. (3) The Office may pay money out of the General 25 Account-- (a) to meet any expenses incurred in carrying out its functions or powers; (b) in paying remuneration, allowances or expenses to which the chief electrical 20 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 29 Act No. inspector, any acting chief electrical inspector or employees of the Office are entitled; (c) for any other purpose authorised by this Act. 5 29. Annual report The Office must include in its annual report for a financial year under Part 7 of the Financial Management Act 1994 a copy of the statement of corporate intent last completed. 10 _______________ 21 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 30 Act No. PART 3--ELECTRICAL WORK Division 1--Registration of electrical contractors 30. Contractors A person must not carry on or offer to carry on or 5 hold out that the person carries on or is willing to carry on any class of electrical contracting that, under the regulations, is a prescribed class of electrical contracting for the purposes of this Division unless the person is-- 10 (a) registered under this Division as an electrical contractor in respect of electrical contracting of that class and holds the prescribed insurance (if any); or (b) authorised under an accepted electricity 15 safety management scheme in respect of electrical contracting of that class. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 20 250 penalty units. 31. Registration of electrical contractors (1) The Office may, in accordance with the regulations, register, or renew the registration of, a person as an electrical contractor in respect of a 25 specified class of electrical contracting. (2) A registration may be granted or renewed subject to any conditions that the Office thinks fit. (3) The Office must assign a registered number to each registered contractor. 22 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 32 Act No. (4) The registration of an electrical contractor continues, unless sooner suspended, cancelled or surrendered, for a period of one year commencing on the date of registration, or renewal of 5 registration. 32. Registered number A registered electrical contractor must not publish or cause to be published any advertisement, notice or statement that the contractor carries on or is 10 willing to carry on electrical contracting work unless the advertisement, notice or statement includes the registered number of the contractor. Penalty: In the case of a natural person, 20 penalty units; 15 In the case of a body corporate, 100 penalty units. 33. Register of electrical contractors (1) The Office must cause to be kept a register of electrical contractors. 20 (2) The register must be in the prescribed form and contain the prescribed information. (3) The Office must make the register available for inspection at all reasonable hours. 34. Disciplinary action 25 (1) There is proper cause for taking disciplinary action against a registered electrical contractor if the registered electrical contractor-- (a) has failed to comply with this Act or the regulations; or 30 (b) has obtained registration under this Division by fraud or misrepresentation or the concealment of facts; or 23 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 34 Act No. (c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or 5 (d) has failed to hold the prescribed insurance; or (e) has failed to comply with any condition of registration; or (f) has been negligent or incompetent, or was a 10 party to any negligence or incompetence, in connection with the carrying out of electrical installation work; or (g) has engaged in fraudulent conduct in the carrying out of electrical installation work. 15 (2) If, after an inquiry into the conduct of a registered electrical contractor and giving the electrical contractor the opportunity to be heard, the Office is satisfied that proper cause exists for taking disciplinary action against a registered electrical 20 contractor, the Office may do one or more of the following-- (a) order the person to pay a fine of up to $500; (b) impose new conditions on, or vary the conditions of the registration, including a 25 condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (c) suspend the registration, immediately or with 30 effect from a specified later date, for a period of up to 12 months; (d) cancel the registration, immediately or with effect from a specified later date. 24 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 35 Act No. 35. Employees of registered electrical contractor (1) A registered electrical contractor must keep a register of licensed electrical installation workers who are employed by the contractor. 5 Penalty: 10 penalty units. (2) The register under sub-section (1) must be available for inspection at all reasonable times by the Office. (3) A registered electrical contractor must not employ 10 a person in the carrying out of any electrical installation work unless the person is-- (a) a licensed electrical installation worker of a particular class related to the contractor's business; or 15 (b) an apprentice within the meaning of the Vocational Education and Training Act 1990 in a trade that involves carrying out electrical installation work of a class related to the contractor's business. 20 Penalty applying to this sub-section-- In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. 25 36. Electrical contractors not to employ certain persons (1) A person ("the contractor") must not employ a person ("the worker") to carry out, in the course of a business carried on by the contractor, electrical installation work that, under the 30 regulations, is a prescribed class of electrical installation work for the purposes of this Division, unless-- 25 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 37 Act No. (a) the contractor is a registered electrical contractor under this Division; and (b) the worker is a licensed electrical installation worker under this Part in respect of electrical 5 installation work of that class. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. 10 (2) Sub-section (1) does not apply to the employment, in the regular course of a business carried on by a person, of a licensed electrical installation worker to carry out electrical installation work of a class in respect of which the worker is licensed only in 15 premises owned or occupied by the employer. 37. Obligations on registered contractors A registered electrical contractor must not permit a person to carry out on the contractor's behalf, or direct a person to carry out, any electrical 20 installation work that does not comply with this Act or the regulations. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 25 250 penalty units. Division 2--Licensing of electrical workers 38. Electrical workers A person must not carry out or offer to carry out or hold out that the person carries out or is willing 30 to carry out any class of electrical work that, under the regulations, is a prescribed class of electrical work for the purposes of this Division unless the person is-- 26 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 39 Act No. (a) licensed under this Division as an electrical installation worker in respect of electrical installation work of that class; or (b) licensed under this Division as an electrical 5 inspector in respect of electrical inspection work of that class; or (c) licensed under this Division as an electrical connection worker in respect of electrical connection work of that class; or 10 (d) licensed under this Division as an electrical equipment worker in respect of electrical equipment work of that class; or (e) authorised under an accepted electricity safety management scheme in respect of 15 electrical work of that class. Penalty: 50 penalty units. 39. Apprentices deemed to be licensed An apprentice within the meaning of the Vocational Education and Training Act 1990 in 20 a trade that involves carrying out electrical work is, during the period of the apprenticeship, deemed to be licensed as an electrical worker to carry out electrical work under supervision as prescribed. 25 40. Licensing of electrical workers (1) The Office may, in accordance with the regulations, license, or renew the licence of, a natural person as an electrical worker in respect of a specified class of electrical work. 30 (2) A licence may be issued or renewed subject to any conditions that the Office thinks fit, including a condition that it applies to only one class of electrical work. 27 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 41 Act No. (3) The Office may, in accordance with the regulations, vary a licence given under this section. (4) A licence under this section continues, unless 5 sooner suspended, cancelled or surrendered, for a period of up to 5 years specified in the licence commencing on the date of the issue of the licence or renewal of the licence. 41. Disciplinary action 10 (1) There is proper cause for taking disciplinary action against a licensed electrical worker if the licensed electrical worker-- (a) has failed to comply with this Act or the regulations; or 15 (b) has obtained a licence under this Division by fraud or misrepresentation or the concealment of facts; or (c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or 20 violence that was punishable by imprisonment for 6 months or more; or (d) has failed to comply with any condition or restriction on the licence; or (e) has been negligent or incompetent, or was a 25 party to any negligence or incompetence, in connection with the carrying out of electrical work; or (f) has engaged in fraudulent conduct in the carrying out of electrical work. 30 (2) If, after an inquiry into the conduct of a licensed electrical worker and giving the electrical worker the opportunity to be heard, the Office is satisfied that proper cause exists for taking disciplinary 28 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 42 Act No. action against the licensed electrical worker, the Office may do one or more of the following-- (a) order the person to pay a fine of up to $500; (b) impose new conditions or restrictions on, or 5 vary the conditions or restrictions on the licence, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; 10 (c) suspend the licence for a period of up to 12 months; (d) cancel the licence, immediately or with effect from a specified later date. Division 3--Electrical installation work 15 42. Implied conditions relating to electrical installation work It is an implied condition of each contract entered into by the electrical contractor in relation wholly or partly to any electrical installation work to be 20 carried out by the electrical contractor that the quality of the materials, fittings and apparatus to be used in connection with the electrical installation work and the methods to be followed in carrying out the electrical installation work are 25 in accordance with the regulations. 43. Safety of electrical installations (1) A person must not install any electrical equipment which the person knows or should reasonably be expected to know is unsafe or will be unsafe if 30 connected to an electricity supply. Penalty: 40 penalty units. (2) The occupier of any premises in which there is any unsafe electrical equipment must-- 29 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 44 Act No. (a) cause the electrical equipment to be removed from the premises or to be made safe; or (b) in the case of electrical equipment forming part of an electrical installation, notify the 5 owner of the premises of the unsafe electrical installation. Penalty: 40 penalty units. (3) An owner of premises who is notified under sub- section (2) must cause the electrical installation to 10 be removed from the premises or to be made safe. Penalty: In the case of a natural person, 40 penalty units. In the case of a body corporate, 200 penalty units. 15 (4) A person carrying out electrical installation work must ensure that-- (a) all electrical circuits or electrical equipment handled in the course of that work are disconnected from the electricity supply; or 20 (b) adequate precautions are taken to prevent electric shock or other injury in the handling of electrical circuits or electrical equipment in the course of that work. Penalty: 40 penalty units. 25 44. Compliance and testing of electrical installation work A licensed electrical installation worker must ensure that all electrical installation work carried out by that worker-- (a) complies with this Act and the regulations; 30 and (b) is tested in accordance with and at the intervals required by the regulations before it is connected to the electricity supply. 30 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 45 Act No. Penalty: 40 penalty units. 45. Inspection of electrical installation work (1) A person who is responsible for the carrying out of prescribed electrical installation work must 5 ensure that that work is inspected by a licensed electrical inspector in accordance with the regulations before the electrical installation is connected to the electricity supply. Penalty: In the case of a natural person, 10 40 penalty units; In the case of a body corporate, 200 penalty units. (2) Before an electricity supplier first connects an electrical installation to an electricity supply, the 15 electricity supplier must ensure that a certificate of inspection of the prescribed electrical installation work in relation to that installation has been issued by a licensed electrical inspector in accordance with the regulations. 20 Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. Division 4--Installation of electric lines on public land 25 46. Regulation of installation (1) A person must not install, or cause to be installed, an electric line on public land unless-- (a) the electric line is installed by or on behalf of-- 30 (i) a person who is the holder of a licence under section 162 of the Electricity Industry Act 1993, for the purposes of 31 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 46 Act No. carrying out activities authorised under the licence; or (ii) a person who is exempted under the Electricity Industry Act 1993 from 5 holding a licence under section 162 of that Act, for the purposes of carrying out activities authorised to be carried under the terms of the exemption; or (iii) the Public Transport Corporation, for 10 the purposes of its functions or powers under the Transport Act 1983; or (iv) a body established under Part 2 of the Rail Corporations Act 1996, for the purposes of its functions or powers 15 under that or any other Act; or (v) the Roads Corporation, for the purposes of its functions or powers under any Act; or (vi) a municipal council for the purposes of 20 its functions or powers under any Act; or (vii) the Office, for the purposes of its functions or powers under any Act; or (b) the electric line is installed for the purpose of 25 conveying electricity supplied by a person referred to in paragraph (a)(i) or (ii) from a common metering point or distribution point to lots on a plan of subdivision under the Subdivision Act 1988 or to parts of any 30 premises which are separately occupied; or (c) the installation of the electric line is the subject of an exemption under this Division. 32 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 47 Act No. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 5 (2) Sub-section (1)(a)(iii), (iv), (v) and (vi) does not apply to the installation of an electric line for the purposes of installing public lighting for which a charge is regulated under an Order made under section 158A(1)(a) of the Electricity Industry 10 Act 1993 in any place (other than a freeway within the meaning of the Transport Act 1983). (3) The owner of an electric line installed in contravention of this section must not use that electric line. 15 Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (4) A person must not knowingly use an electric line 20 installed in contravention of this section. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 25 47. Exemption (1) The Governor in Council, on the recommendation of the Office, may, by Order published in the Government Gazette, exempt a person from compliance with section 46 in respect of an 30 activity specified in the Order. (2) An exemption may be of general or specific application. 33 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 48 Act No. (3) An exemption is subject to such terms and conditions as are specified in the Order including a condition requiring-- (a) the consent of the owner of any property that 5 may be affected by the activities to which the exemption relates; and (b) unless inconsistent with any obligation of the distribution company under a licence under the Electricity Industry Act 1993, the 10 consent of the distribution company to whose supply network the electric line is to be connected. (4) A person to whom an Order under this section applies must comply with the terms and 15 conditions to which the operation of the Order is subject. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 20 1500 penalty units. 48. Division not to affect operation of other requirements Nothing in this Division affects the operation of any other provision of this Act or of any other Act or law applying to or in relation to the installation 25 or use of an electric line. 49. Transitional An Order made under the Electric Light and Power Act 1958 or a corresponding previous enactment relating to the installation of an electric 30 line beyond the limits of any private premises and in force immediately before the commencement of this section has effect, unless revoked under this 34 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 49 Act No. Division, as an exemption given under this Division. _______________ 35 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 50 Act No. PART 4--ELECTRICAL EQUIPMENT 50. Equipment Advisory Committee (1) There shall be an Equipment Advisory Committee consisting of a chairperson and 6 other persons 5 appointed by the Minister. (2) In making appointments to the Committee, the Minister must so far as possible ensure that expertise in each of the following is represented on the Committee-- 10 (a) electricity distribution and supply; (b) the manufacture of electrical equipment; (c) the installation of electrical equipment; (d) the testing of electrical equipment; (e) consumer safety as regards electrical 15 equipment. 51. Function of Committee The function of the Committee is to advise the Office-- (a) on safety standards for electrical equipment 20 or any class of electrical equipment; (b) on procedures for monitoring compliance with safety standards; (c) on any other matters relating to the safety or efficiency of electrical equipment that the 25 Office refers to the Committee for advice. 52. Terms and conditions of appointment of members (1) A member of the Committee is appointed for such term, not exceeding 3 years, as is specified in the 36 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 53 Act No. instrument of appointment, but is eligible for re- appointment. (2) A member of the Committee holds office, subject to this Part, on such terms and conditions as are 5 specified in the instrument of appointment. (3) A member may resign by writing delivered to the Minister. (4) The Minister may remove a member of the Committee from office. 10 53. Procedure of Committee (1) The chairperson may at any time convene a meeting of the Committee. (2) The chairperson, or in his or her absence, a member appointed by the members present at a 15 meeting, shall preside at the meeting. (3) A majority of the members of the Committee constitutes a quorum of the Committee. (4) A question arising at a meeting of the Committee shall be determined by a majority of votes of 20 members present and, if voting is equal, the person presiding has a casting, as well as a deliberative, vote. (5) Subject to this Part, the procedure of the Committee is in its discretion. 25 54. Standards of electrical equipment A person must not supply electrical equipment unless-- (a) the equipment complies with the minimum standards prescribed for equipment of that 30 class; or (b) a certificate of acceptance of the equipment has been issued by the Office under section 56. 37 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 55 Act No. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 5 55. Certification of compliance of electrical equipment The Office, on the application of any person and on payment of the prescribed fee-- (a) may determine whether, in the opinion of Office, electrical equipment complies with 10 the minimum standards prescribed for equipment of that class; and (b) if it determines that the equipment does so comply, may issue a certificate to this effect. 56. Acceptance of electrical equipment by Office 15 (1) The Office, on the application of any person, may issue a certificate of acceptance of electrical equipment or a class of electrical equipment for the purposes of this Act. (2) An application must-- 20 (a) be in writing; and (b) contain or be accompanied by the prescribed information; and (c) be made in accordance with the regulations; and 25 (d) be accompanied by the relevant prescribed fee. (3) The Office must notify the applicant in writing of its decision-- 38 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 57 Act No. (a) to issue a certificate of acceptance of electrical equipment or a class of electrical equipment; or (b) to issue a certificate of acceptance of 5 electrical equipment or a class of electrical equipment subject to the conditions specified by the Office; or (c) not to issue a certificate of acceptance of electrical equipment or a class of electrical 10 equipment. (4) The conditions specified by the Office in respect of electrical equipment or class of electrical equipment may include-- (a) requirements for the testing of the electrical 15 equipment in accordance with the regulations by a person or body approved by the Office; and (b) requirements for modifications to be made to the electrical equipment. 20 (5) If the Office decides not to issue a certificate of acceptance of electrical equipment or a class of electrical equipment under this section it must notify the applicant in writing of the reasons for the decision. 25 (6) If the Office issues a certificate of acceptance of electrical equipment or a class of electrical equipment subject to conditions, the certificate takes effect in respect of the electrical equipment when the conditions are complied with. 30 57. Prescribed electrical equipment (1) The Office, by notice published in the Government Gazette, may declare that any class, description or type of electrical equipment is, from a date specified in the notice, prescribed 35 electrical equipment for the purposes of this Act. 39 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 58 Act No. (2) A person must not supply electrical equipment prescribed under sub-section (1) unless the equipment-- (a) is approved by the Office and is marked as 5 prescribed; or (b) is approved by a prescribed authority or, under the regulations, is deemed to be approved; or (c) is certified in accordance with a prescribed 10 method or prescribed process. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 15 (3) If electrical equipment complies with the requirements of sub-section (2)(b) or (c), it is deemed for the purposes of this Act to have been approved by the Office and to be marked as prescribed. 20 58. Approval of equipment (1) The Office, on the application of any person, may approve prescribed electrical equipment. (2) An application must-- (a) be in writing; and 25 (b) contain or be accompanied by the prescribed information; and (c) be made in accordance with the regulations; and (d) be accompanied by the relevant prescribed 30 fee. (3) The Office must notify the applicant in writing of its decision-- 40 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 59 61 Act No. (a) to approve prescribed electrical equipment or a class of electrical equipment; or (b) to approve electrical equipment subject to certain modifications being made; or 5 (c) not to approve prescribed electrical equipment. (4) If the Office approves prescribed electrical equipment subject to certain modifications being made, the approval has effect when the prescribed 10 electrical equipment has been modified in accordance with the approval. 59. Re-examination The Office may at any time require any prescribed electrical equipment which has been approved to 15 be re-examined or tested by the Office. 60. Modifications after approval (1) The Office may, by notice given to a person, require modifications to be made to prescribed electrical equipment that has been approved under 20 this Part and approve the equipment subject to those modifications being made. (2) A person to whom a notice is given under sub- section (1) must not supply the prescribed electrical equipment unless it is modified in 25 accordance with the requirement. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 30 61. Approval of samples The approval by the Office of prescribed electrical equipment may be made by the approval of samples or specifications of the electrical 41 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. equipment or by any other means which the Office considers appropriate. 62. Withdrawal of approval (1) The Office may, by notice in writing given to the 5 person to whom the approval was given, at any time withdraw any approval given under this Part. (2) The notice must state the reasons for the withdrawal of approval. (3) The Office must publish a notice of the 10 withdrawal of an approval in the Government Gazette and in a newspaper circulating generally in the State. 63. Prohibition of supply of electrical equipment (1) The Office, by notice published in the 15 Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply of specified electrical equipment or electrical equipment of a specified class from the date of publication of the notice in the 20 Government Gazette or from such later date as is specified in that notice. (2) The Office, by notice in writing given to a person, may prohibit that person from supplying specified electrical equipment or electrical equipment of a 25 specified class from the date of the notice or such later date as is specified in the notice. (3) The Office may exercise a power of prohibition under this section only if it appears to the Office that-- 30 (a) the specified electrical equipment is, or is likely to become, by reason of its design or construction, unsafe to use; and (b) prohibition of the supply of the specified equipment or of all equipment of that 42 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 64 65 Act No. specified class is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that equipment or equipment of that class. 5 (4) The Office may withdraw a prohibition made under sub-section (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State. (5) The Office may withdraw a prohibition made 10 under sub-section (2) by notice given to the person to whom the prohibition was given. (6) This section applies whether or not the equipment was-- (a) prescribed electrical equipment; or 15 (b) approved by the Office; or (c) certified by the Office; or (d) approved by a prescribed authority or, under the regulations, was deemed to be approved; or 20 (e) was certified in accordance with a prescribed method or prescribed process. 64. Offence to disobey prohibition A person must not, while a prohibition under section 63 remains in force, do anything 25 prohibited by that prohibition. Penalty: In the case of a natural person, 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 30 1000 penalty units. 65. Recall of electrical equipment 43 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. (1) The Office may make a requirement under this section only if it appears to the Office that-- (a) particular electrical equipment, or a particular class of electrical equipment, is, or 5 is likely to become, by reason of its design or construction, unsafe to use; or (b) specific action is necessary-- (i) to make the electrical equipment or equipment of that class safe to use; or 10 (ii) to render safe the use of that equipment or equipment of that class. (2) The Office, by notice in writing served on a person whose business is or includes the supply of electrical equipment and who has supplied the 15 electrical equipment or other equipment of the same class, may require the person to take, within the period the specified in the notice, the action specified in the notice. (3) The action specified in the notice may consist of 20 or include-- (a) sending a written request to the person to whom the electrical equipment, or equipment of the same class, was supplied to return the equipment to the place at which it was 25 supplied; (b) placing an advertisement in a form approved by the Office in a newspaper or newspapers specified by the Office for a period or periods specified by the Office, requesting 30 all persons to whom electrical equipment of that class was supplied to return the equipment to the place at which it was supplied; (c) making the equipment or equipment of that 35 class safe to use or rendering safe the use of 44 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 66 Act No. that equipment in the manner specified in the notice. (4) The Office may alter or revoke a requirement under this section by notice given to the person of 5 whom the requirement was made. (5) This section applies whether or not the equipment was-- (a) prescribed electrical equipment; or (b) approved by the Office; or 10 (c) certified by the Office; or (d) approved by a prescribed authority or, under the regulations, was deemed to be approved; or (e) was certified in accordance with a prescribed 15 method or prescribed process. 66. Offence to fail to comply with requirement A person of whom a requirement is made under section 65 must comply with that requirement. Penalty: In the case of a natural person, 20 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units. _______________ 25 45 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 67 Act No. PART 5--ENERGY EFFICIENCY 67. Proclaimed electrical equipment The Governor in Council, by Order published in the Government Gazette, may declare that any 5 class, description or type of electrical equipment is, from a date specified in the Order, proclaimed electrical equipment for the purposes of this Part. 68. Proclaimed electrical equipment not to be supplied unless registered and labelled 10 (1) A person must not, after the date specified in the Order, supply proclaimed electrical equipment unless the equipment is registered and labelled in accordance with the regulations relating to energy efficiency. 15 Penalty: 50 penalty units. (2) This section does not apply to the supply of second hand electrical equipment or to the hire of electrical equipment. ------------------ 20 46 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 69 Act No. PART 6--ELECTRICAL APPEALS BOARD 69. Establishment (1) There is established by this Act a Board to be called the Electrical Appeals Board. 5 (2) The members of the Electrical Appeals Board are to be appointed by the Governor in Council on the recommendation of the Minister. (3) The Electrical Appeals Board is to consist of-- (a) a person appointed to be chairperson of the 10 Board; and (b) as many other persons as the Minister considers necessary for the purposes of this Act and who, in the Minister's opinion, have experience in the electricity industry or in 15 matters related to that industry or in law or public administration. (4) Schedule 1 has effect with respect to the membership and procedure of the Electrical Appeals Board. 20 70. Rights of appeal (1) A person who is aggrieved by a decision of the Office set out in sub-section (2) may appeal against the decision in accordance with this Part. (2) An appeal may be made to the Electrical Appeals 25 Board in relation to the following-- (a) a decision under Part 3-- (i) to refuse to register or renew the registration of an electrical contractor; or 30 (ii) to take disciplinary action in respect of a registered electrical contractor; or 47 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 70 Act No. (iii) to refuse to license or renew the licence of an electrical worker; or (iv) to take disciplinary action in respect of a licensed electrical worker; or 5 (b) a decision under Part 4-- (i) to refuse to certify the compliance of electrical equipment; or (ii) to refuse to approve prescribed electrical equipment; or 10 (iii) to withdraw an approval of prescribed electrical equipment; or (c) a prohibition under section 63; or (d) a requirement under section 65; (e) a decision under the regulations under 15 Part 5-- (i) to refuse to register proclaimed electrical equipment; or (ii) to cancel the registration of proclaimed electrical equipment; 20 (f) any other decision of the Office under the regulations which is prescribed for the purposes of this section. (3) A person to whom a direction is given under section 141 may appeal to the Electrical Appeals 25 Board against the direction if compliance with the direction-- (a) would impose a significant financial burden on the person; or (b) would prevent the person from complying 30 with any obligations under a licence issued under Part 12 of the Electricity Industry Act 1993. 48 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 71 Act No. (4) A person to whom an improvement notice is issued under Part 12 may appeal to the Electrical Appeals Board against the notice. (5) An appeal under sub-section (3) or (4) must be 5 lodged with the Electrical Appeals Board in accordance with the regulations within 7 days after the notice is issued. (6) Any other appeal under this section must be lodged with the Electrical Appeals Board in 10 accordance with the regulations within the relevant prescribed time after notice of the decision, prohibition, requirement or direction which is the subject of the appeal is received by the appellant. 15 71. Effect of decisions under appeal (1) An appeal under this Part does not stay the operation of a direction under section 141. (2) An appeal under this Part does not stay the operation of any other decision under appeal, 20 unless the Electrical Appeals Board otherwise determines. 72. Nature of an appeal (1) An appeal under this Part is in the nature of a re- hearing. 25 (2) On an appeal the Electrical Appeals Board may consider matters not raised before the decision under appeal was made. 73. What action can be taken on appeal? (1) The Electrical Appeals Board must consider and 30 determine an appeal and by its determination may-- (a) affirm the decision under appeal; or (b) quash the decision under appeal; or 49 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 74 Act No. (c) vary the decision under appeal; or (d) set the decision under appeal aside and-- (i) substitute its own decision; or (ii) remit the decision to the Office for 5 reconsideration in accordance with any directions or recommendations that it considers appropriate. (2) In considering and determining an appeal, the Electrical Appeals Board has in addition to its 10 other powers all the powers of the Office in relation to the decision under appeal. (3) The Electrical Appeals Board may make any ancillary or incidental orders that it considers necessary to give effect to its determination on an 15 appeal. 74. Duties of the Office (1) The Office must give the Electrical Appeals Board such assistance as the Board may require including the provision of all the information in 20 relation to the appeal available to the Office. (2) The Office must take such action as is necessary to give effect to a determination of the Electrical Appeals Board under this Part. _______________ 25 50 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 75 Act No. PART 7--NETWORK OPERATORS AND UNDERGROUND ELECTRIC LINES 75. General duties of network operator A network operator must take reasonable care to 5 ensure that all parts of an upstream network or the supply network of a railway or tramway system that it owns or operates-- (a) are designed, constructed, operated and maintained in accordance with the 10 regulations; and (b) are safe and operated safely. Penalty: 1500 penalty units. 76. Underground electric lines (1) A person who controls an underground electric 15 line on public land (other than an electric line forming part of a railway or tramway system)-- (a) must maintain a record of that underground electric line; and (b) before the line is connected to an electricity 20 supply or within 2 business days after relocating the line, give sufficient information to enable every cable of the line to be located and identified to-- (i) a person or body specified by the 25 Office as the asset recording service for the area in which the line is located; or (ii) if no such person or body is so specified, the distribution company for that area. 30 Penalty: 75 penalty units. (2) A person who operates a railway or tramway system must keep a register containing sufficient 51 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 77 78 Act No. information to enable every cable of the underground electric lines that are under the control of that person to be located and identified. (3) A person who operates a railway or tramway 5 system must ensure that the register kept under sub-section (3) is available for inspection by the public during normal business hours. 77. Underground electric lines--obligations of distribution companies 10 (1) A distribution company must keep a register containing sufficient information to enable every cable of the underground electric lines that are under its control within its distribution area to be located and identified. 15 Penalty: 75 penalty units. (2) A distribution company must record in a register kept under sub-section (1) any information that is given to it under section 76 within 7 days after receiving that information. 20 Penalty: 50 penalty units. (3) A distribution company must ensure that the register kept under this section is available for inspection by the public during normal business hours. 25 Penalty: 50 penalty units. 78. Protection of underground electric lines 52 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. A person must not make any opening in the ground above an underground electric line so as to endanger the electric line unless authorised to do so by the person who controls that electric line. 5 Penalty: In the case of a natural person, 20 penalty units. In the case of a body corporate, 100 penalty units. ------------------ 10 53 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 79 Act No. PART 8--ELECTRIC LINE CLEARANCE Division 1--General 79. Urban area The Minister, by notice published in the 5 Government Gazette, may specify an area as an urban area for the purposes of this Part, if the Minister has obtained the agreement of-- (a) the fire control authority; and (b) any person responsible for the management 10 of public land in the area. 80. Fire hazard rating A fire control authority-- (a) may assign a fire hazard rating of "high" or "very high" to any area of land for the 15 purposes of this Part; and (b) must give notice in writing of that rating to the Minister and every person responsible for the management of public land in any part of the area as soon as practicable after the 20 rating is assigned. 81. Declared area in urban area (1) The Governor in Council, by Order published in the Government Gazette, may declare an area of land in an urban area for the purposes of this Part. 25 (2) An Order under sub-section (1) must contain a description sufficient to identify the land concerned which may include a description by reference to a map held by the Office. 54 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 82 Act No. (3) The Office must make a copy of any map referred to in an Order under sub-section (1) available at its office during business hours for any person to inspect free of charge. 5 82. Operation of Part (1) If a provision of this Part or of a regulation made for the purposes of this Part is, with respect to a particular subject-matter, inconsistent with a provision-- 10 (a) of this or any other Act or law or of a regulation, rule, by-law or Order made under this or any other Act; or (b) of any agreement-- the provision of this Part or of the regulation (as 15 the case may be) prevails and that other provision is, to the extent of the inconsistency, of no force or effect. (2) It is declared that this Part does not impose any other duty of care upon a municipality than the 20 duty of care which that municipality would have had at law if this Part had not been enacted. 83. Point of supply (1) If, in relation to a private electric line, the relevant distribution company is of the opinion that the 25 point of supply as determined in accordance with the definition in section 3 is not appropriate, the relevant distribution company must determine the point of supply. (2) If, in relation to a private electric line, the 30 responsible person is of the opinion that the point of supply as determined in accordance with section 3 is not appropriate, the responsible person may ask the relevant distribution company to determine the point of supply. 55 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 83 Act No. (3) The relevant distribution company must notify the responsible person of a determination made under sub-section (1) or (2) within 14 days of making it. (4) The responsible person may within 21 days of 5 receiving a notification under sub-section (3) object to the determination to the Office on the grounds that the determination is not reasonable. (5) The Office must consider the objection and may vary or revoke the determination under sub- 10 section (1) or (2). (6) If the relevant distribution company fails to make a determination under sub-section (2) within 30 days after a request is made under that sub- section, the responsible person may refer the 15 matter to the Office for determination. (7) The Office must consider a matter referred under sub-section (6) and must determine the point of supply. (8) The Office, at the request of the responsible 20 person or the relevant distribution company, may vary or revoke a determination under sub-section (7). (9) A determination made under sub-section (1) or (2) may be varied or revoked by the relevant 25 distribution company in the same manner as a determination is made and is subject to the same procedures as for a determination. (10) A determination made under sub-section (1), (2) or (7) takes effect from the date of the 30 determination by the relevant distribution company or the Office and any variation or revocation of the determination under sub-section (5), (8) or (9) takes effect from the date of the variation or revocation. 35 Division 2--Responsibility for maintenance of lines 56 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 84 Act No. 84. Requirement to maintain line (1) Except as provided in sub-section (2), an occupier of land above or below the surface of which there is a private electric line is responsible for 5 maintenance of the line. (2) Subject to sub-sections (4), (5) and (6), an occupier of land is responsible for the keeping of the whole or any part of a tree situated on the land clear of-- 10 (a) a low voltage electric line which solely services that land; and (b) a private electric line which is on land which is contiguous to the land of the occupier. (3) For the purposes of sub-section (2), an occupier of 15 land may enter onto the contiguous land and there perform any acts necessary to keep the tree clear of the line. (4) Subject to sub-section (5), a person responsible for the management of public land in an area 20 declared under section 81 is responsible for the keeping of the whole or any part of a tree situated on the land clear of an electric line other than a private electric line. (5) Any person (other than a distribution company) 25 that owns or operates an electric line is responsible for the keeping of the whole or any part of a tree clear of the electric line. (6) The Roads Corporation is responsible for the keeping of the whole or any part of a tree which is 30 situated in a rural area on a plantation established by the Roads Corporation or any predecessor of the Roads Corporation on a road declared to be a road by the Minister administering the Transport Act 1983 under Schedule 5 to the Transport Act 35 1983 (other than a main road) clear of an electric 57 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 85 Act No. line (other than a private electric line or an electric line that is owned or operated by a transmission company) above or below the surface of land. (7) If there is no responsible person under sub-section 5 (2), (4), (5) or (6), the relevant distribution company is responsible for the keeping of the whole or any part of a tree clear of an electric line, except an electric line installed or used by a person pursuant to an Act of the Commonwealth. 10 85. Exercise of powers with respect to lines The Office or the relevant distribution company or the relevant transmission company may, subject to any code applying in relation to the exercise of powers under this section issued by the Office of 15 the Regulator-General under the Office of the Regulator-General Act 1994, exercise the following powers in relation to electric lines-- (a) the power to enter onto land at any reasonable time for the purposes of 20 inspecting an electric line and to remain on the land for so long as is necessary to inspect the line; and (b) the power, with the agreement of the Office, to order that any electric line proposed to be 25 constructed or to be substantially reconstructed be placed underground; and (c) the power, upon production of a certificate in a form approved by the Office and issued by the relevant distribution company or the 30 relevant transmission company and at any reasonable time, to enter onto and remain on any land, for as long as is necessary for the carrying out of any work which is required to be carried out by the Office or distribution 35 company or transmission company to fulfil its responsibilities under section 84(5) or (7). 58 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 86 Act No. 86. Failure to maintain lines (1) The Office or the relevant distribution company may by notice in writing require a person to perform acts specified in the notice for the 5 purpose of keeping the whole or any part of a tree clear of an electric line in respect of which that person is the responsible person within a time specified in the notice being, subject to sub- section (4), not less than 14 days after the date of 10 the notice. (2) If-- (a) there is an electric line above or below the surface of land in respect of which there is in force a planning scheme; and 15 (b) the planning scheme requires a permit to be obtained to trim or remove trees on the land-- a person required by the Office or the relevant distribution company by notice in writing under 20 sub-section (1) to perform any act for the purpose of keeping the whole or any part of a tree clear of the line must, before taking any action to comply with the notice, obtain any necessary permit pursuant to the Planning and Environment Act 25 1987 in respect of the action necessary to comply with the notice unless an officer or employee of the Office or the relevant distribution company considers the line to be in such a dangerous condition that urgent compliance with the notice 30 is necessary. (3) If-- (a) the Office or the relevant distribution company has by notice pursuant to sub- section (1) required a person to perform acts 59 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 86 Act No. for the purpose of keeping the whole or any part of a tree clear of an electric line; and (b) the time for compliance with the notice is greater that 14 days; and 5 (c) the person is required under sub-section (2) to obtain a permit-- the person-- (d) must apply for the permit within 14 days of the receipt of the notice; and 10 (e) must perform all acts specified in the notice within 21 days of obtaining the permit. (4) If the Office or the relevant distribution company considers that urgent compliance with the notice under sub-section (1) is necessary, the notice may 15 require the person to comply with it within 14 days of the date of the notice. (5) If the responsible person in relation to a private electric line or an electric line of a relevant distribution company-- 20 (a) is unable to comply with a notice under this section; or (b) is unable to perform the duties under the Code; or (c) would put personal safety at risk if the 25 person performed the duties under the Code or under a notice under this section; or (d) refuses-- (i) to comply with a notice under this section; or 30 (ii) to perform the duties under the Code-- 60 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 86 Act No. the relevant distribution company may, with the agreement of the Office, and must, if the Office so directs, carry out the duties and perform any work necessary to ensure that the whole or any part of a 5 tree is kept clear of the line and, if the relevant distribution company does so, the responsible person referred to in paragraph (a), (b) or (c) (as the case may be) is not guilty of an offence for failing to perform the duties under the Code. 10 (6) In order to carry out work under sub-section (5) an officer, employee or agent of the relevant distribution company may at any reasonable time and upon production of a certificate issued by the Office or the relevant distribution company enter 15 onto and remain on any land where that work is to be carried out for as long as is necessary for the carrying out of the work. (7) The relevant distribution company may recover the costs of carrying out any work under sub- 20 section (5) from the responsible person. (8) Despite the provisions of any other Act, if the relevant distribution company is the responsible person under section 84(7), the relevant distribution company is not required to obtain any 25 permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code. (9) Despite the provisions of-- 30 (a) section 77 of the Forests Act 1958; or (b) section 56(2)(l) of the Transport Act 1983; or (c) regulations made under or having effect as if made under either of those sections-- 61 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 87 Act No. it is not necessary for a responsible person under section 84(4), (5) or (7) to obtain the authority or permission of the Secretary to the Department of Natural Resources and Environment or the Roads 5 Corporation in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under section 84 or under a notice under this section. (10) The relevant distribution company, in exercising a 10 power under this section, must comply with any code applying in relation to the exercise of that power issued by the Office of the Regulator- General under the Office of the Regulator- General Act 1994. 15 (11) A person must not contravene or fail to comply with this section. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 20 1000 penalty units. Division 3--Electric Line Clearance Consultative Committee 87. Constitution of Committee (1) There shall be a Electric Line Clearance 25 Consultative Committee. (2) The Committee shall be constituted by 13 members to be appointed by the Minister. (3) The Minister must appoint one of the members of the Committee to be the chairperson. 30 (4) A member shall be appointed for such period not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment. (5) The Committee is to be constituted by-- 62 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 87 Act No. (a) an officer or employee of the Roads Corporation, nominated by the Minister administering the Transport Act 1983; and (b) an officer or employee of the Country Fire 5 Authority, nominated by the Minister administering the Country Fire Authority Act 1958; and (c) 3 persons selected by the Minister from nominations given to the Minister by the 10 distribution companies; and (d) a person selected by the Minister from nominations given to the Minister by the transmission companies; and (e) an officer or employee in the Department of 15 Natural Resources and Environment, nominated by the Minister administering the Forests Act 1958; and (f) 6 other members to be appointed from interested persons after the advertisement of 20 the positions by the Minister including-- (i) a member with skills in land management and nature conservation nominated by the Minister administering the Forests Act 1958; 25 and (ii) 2 persons each of whom is a private land owner or a person representing the interests of private land owners nominated by the Minister 30 administering the Dairy Industry Act 1992; and (iii) a person representing the interests of Local Government; and (iv) a person with environmental or 35 planning expertise nominated by the 63 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 88 89 Act No. Minister administering the Planning and Environment Act 1987. (6) The Minister must determine the remuneration (if any) and the travelling and other allowances of 5 members and any other terms and conditions of appointment of members. (7) If the chairperson is not present at the time fixed for the commencement of a meeting of the committee, the members present must elect one of 10 their number as acting chairperson to preside at that meeting. (8) The Electric Line Clearance Committee is the same body as the Powerline Clearance Consultative Committee existing under the State 15 Electricity Commission Act 1958 immediately before the commencement of this section despite any change in its membership. 88. Functions of the Committee The Electric Line Clearance Consultative 20 Committee must-- (a) provide advice to the Office with regard to the preparation and maintenance of the Code; (b) provide advice on any matter relating to the 25 clearance of electric lines when requested so to do by the Office or the Minister; (c) report before 30 September in each year to the Minister on the performance of its functions. 30 89. Procedure for Code (1) The Office must, before the Governor in Council makes regulations prescribing the Code of Practice or amending or varying the Code-- 64 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. (a) refer to the Committee all matters with respect to the contents of those regulations; and (b) make a draft of those regulations available to 5 the public for comment for a period of 90 days; and (c) consider any comments on the draft made to the Office during that period. (2) There shall at all times be in force regulations 10 prescribing the Code but no such regulations shall continue in force for more than 5 years after the date of their coming into operation. (3) The regulations must prescribe the provisions of the Code that are, for the purposes of section 90, 15 penalty provisions. (4) A regulation shall not be invalidated or affected by reason only of a failure to comply with sub- section (1) with respect to that regulation. (5) The Office must cause the Code to be published in 20 the Government Gazette. 90. Offences against Code A person must not contravene or fail to comply with a prescribed provision of the Code. Penalty: In the case of a natural person, 25 50 penalty units; In the case of a body corporate, 250 penalty units. _______________ 65 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 91 Act No. PART 9--CATHODIC PROTECTION AND MITIGATION OF STRAY CURRENT CORROSION 91. Victorian Electrolysis Committee (1) There is established a committee to be called the 5 Victorian Electrolysis Committee. (2) The Committee shall be constituted by 7 members to be appointed by the Minister. (3) The Minister must appoint one of the members of the Committee to be the chairperson. 10 (4) A member shall be appointed for such period not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment. (5) The Committee is to be constituted by-- (a) a person nominated by the Office; 15 (b) a person nominated by the Minister administering the Transport Act 1983; (c) a person selected by the Minister from nominations given to the Minister by the distribution companies; 20 (d) a person selected by the Minister administering the Water Industry Act 1994 from nominations given to the Minister by the water companies within the meaning of that Act; 25 (e) a person nominated by the Minister administering the Gas Industry Act 1994; (f) a person selected by the Minister from nominations given to the Minister by the carriers under the Telecommunications Act 30 1997 of the Commonwealth; (g) a person nominated by the Australian Institute of Petroleum Ltd. 66 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 92 93 Act No. (6) The Minister must determine the remuneration (if any) and the travelling and other allowances of members and any other terms and conditions of appointment of members. 5 (7) If the chairperson is not present at the time fixed for the commencement of a meeting of the Committee, the members present must elect one of their number as acting chairperson to preside at that meeting. 10 (8) Each member of the Committee, with the consent of the Minister, may nominate an alternate member. (9) An alternate member may act in place of the member for whom he or she is the alternate 15 member if the member is unable to attend a meeting of the Committee. (10) An alternate member has all the functions of the member when acting in the place of that member. 92. Functions of the Committee 20 The Victorian Electrolysis Committee must-- (a) establish and maintain standards for systems for cathodic protection and for the mitigation of stray current corrosion; and (b) provide advice to the Office on any matter 25 related to electrolysis and the regulations relating to the cathodic protection and to the mitigation of stray current corrosion, when requested to do so by the Office; and (c) encourage the development of new methods 30 and technology to increase the efficiency of systems for the mitigation of stray current corrosion. 93. Operation of cathodic protection systems 67 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 95 Act No. (1) A person must not operate a cathodic protection system unless the system is registered by the Office in accordance with the regulations. Penalty: In the case of a natural person, 5 200 penalty units; In the case of a body corporate, 1000 penalty units. (2) A person must operate a cathodic protection system in accordance with-- 10 (a) the regulations ; and (b) any conditions to which the registration is subject. Penalty: In the case of a natural person, 200 penalty units; 15 In the case of a body corporate, 1000 penalty units. 94. Railway or tramway systems A person who is the operator of a railway or tramway system must ensure that that system is 20 designed, installed, operated and maintained in such a manner as to minimise the risks to safety of any person and the risks of damage to property arising from the leakage of stray electrical currents from that system. 25 Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 95. Mitigation systems 68 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 97 Act No. (1) If, in the opinion of the Office, a system is required to be installed to mitigate the effects of stray current corrosion, the Office may, by notice in writing, direct any person whose assets are the 5 cause of or are affected by the stray current corrosion to take action to install, operate and maintain a mitigation system in the manner specified in the direction and in accordance with the regulations. 10 (2) A person to whom a notice is given under this section must comply with the directions in the notice. Penalty: In the case of a natural person, 200 penalty units; 15 In the case of a body corporate, 1000 penalty units. 96. Directions of Office (1) The Office from time to time by notice in writing may require a person who is the operator of a 20 cathodic protection system or mitigation system to carry out such tests of the system and such modifications to or replacement of the system as the Office directs. (2) A person to whom a notice is given under this 25 section must comply with the directions in the notice. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 30 1000 penalty units. 97. Costs in relation to mitigation systems 69 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. (1) If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, the Office may require the person to contribute to the cost of that action an 5 amount or amounts determined by the Office after consultation with the Victorian Electrolysis Committee. (2) The Office may require a person or body whose assets are affected by any action carried out under 10 this Act or the regulations in relation to a mitigation system to contribute to the cost of that action an amount or amounts determined by the Office after consultation with the Victorian Electrolysis Committee. 15 (3) If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, the Office, after consultation with the Victorian Electrolysis Committee, may carry out that action on behalf of that person. 20 (4) Subject to sub-section (2), if the Office carries out an action under sub-section (3) the Office may recover the costs of that action from the person who is required to carry out that action. (5) Any amount determined under sub-section (1), (2) 25 or (4) may be recovered by the Office in any court of competent jurisdiction as a debt due to the Office. (6) In this section "action", in relation to a mitigation system, means installation, testing, modification, 30 maintenance or replacement. _______________ 70 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 98 Act No. PART 10--ELECTRICITY SAFETY MANAGEMENT SCHEMES Division 1--Manager Scheme 98. Acceptance as manager 5 The Governor in Council, by Order published in the Government Gazette, may accept a person recommended by the Office in accordance with this Division as manager of an electricity safety management scheme. 10 99. Acceptance as manager (1) A person may apply to the Office for acceptance as manager of an electricity safety management scheme. (2) An application under sub-section (1) must be in a 15 form approved by the Office and accompanied by such documents as may be determined by the Office. (3) An application must be accompanied by the prescribed application fee. 20 100. Determination of application (1) Subject to this section, the Office may recommend, or refuse to recommend, a person for acceptance by the Governor in Council as manager of an electricity safety management 25 scheme for any reason it considers appropriate, having regard to the objectives specified in section 7. (2) The Office must not recommend a person for acceptance by the Governor in Council unless the 30 Office is satisfied that-- (a) the applicant is financially viable; 71 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 101 Act No. (b) the applicant has the technical capacity to carry out the functions of manager of an electricity safety management scheme. (3) The Office must publish a notice in a daily 5 newspaper circulating generally in Victoria-- (a) specifying that an application for acceptance as manager of an electricity safety management scheme has been lodged with the Office by the person specified in the 10 notice; and (b) inviting interested persons to make submissions to the Office in respect of the application within the period and in the manner specified in the notice. 15 (4) Subject to this section and any requirements specified in regulations made for the purposes of this section, the Office may determine the procedures that are to apply in respect of the recommendation of a person for acceptance as a 20 manager of an electricity safety management scheme. (5) 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 25 decision to refuse to recommend the application, of the reasons for its decision. 101. Provisions relating to acceptance (1) An acceptance under this Division has effect for such term as is specified in the Order. 30 (2) An acceptance is subject to such conditions as are specified in the Order and the prescribed conditions. 72 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 101 Act No. (3) Without limiting the generality of sub-section (2), the conditions may include provisions-- (a) requiring the payment to the Office of a bond in accordance with the regulations; 5 (b) requiring the accepted manager to pay to the Office-- (i) specified fees and charges in respect of the acceptance of the electricity safety management scheme; and 10 (ii) specified annual fees and charges for the administration of the electricity safety management scheme; (c) requiring the accepted manager to enter into agreements on specified terms or on terms of 15 the specified type; (d) preventing the accepted manager from engaging in or undertaking specified business activities; (e) specifying methods or principles to be 20 applied in the conduct of activities authorised by the acceptance; (f) requiring the accepted manager to provide, in the manner and form determined by the Office, such information, including financial 25 information, as the Office may from time to time require; (g) requiring the accepted manager to develop, issue and comply with specified standards, procedures, policies and practices relating to 30 the carrying on of its activities as an accepted manager. 73 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 102 Act No. 102. Approval of scheme The Governor in Council, by Order published in the Government Gazette, may approve an electricity safety management scheme 5 recommended by the Office in accordance with this Division. 103. Electricity safety management scheme The accepted manager of an electricity safety management scheme must not take any action 10 under section 105 or 106 unless the scheme is accepted by the Governor in Council on the recommendation of the Office in accordance with this Division. 104. Application 15 (1) The accepted manager of an electricity safety management scheme may apply to the Office for acceptance of the electricity safety management scheme. (2) The Office must not recommend a scheme for 20 acceptance by the Governor in Council unless the scheme includes-- (a) provisions about membership of the scheme; (b) rules of membership. (3) The Office may give directions in writing to the 25 accepted manager of a scheme. (4) The accepted manager must comply with the directions of the Office. (5) If the Office determines that the accepted manager-- 30 (a) has failed to comply with the provisions of the scheme; or 74 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 105 Act No. (b) is not administering the scheme in accordance with this Act and the rules of the scheme; or (c) has failed to comply with a direction under 5 sub-section (3)-- the Office may recommend to the Governor in Council that the Order approving the scheme be revoked. (6) Upon the revocation of an Order approving a 10 scheme-- (a) a person who, under the scheme, was deemed to be registered or licensed for the purposes of this Act; and (b) equipment, that under the scheme, was 15 deemed to have been approved or certified-- is deemed to be registered, licensed, approved or certified by the Office under this Act. 105. Approval of contractors and workers under scheme (1) A member of an accepted electricity safety 20 management scheme may apply to the accepted manager of the scheme for approval under the scheme-- (a) as an electrical contractor in respect of a class of electrical contracting; 25 (b) as an electrical worker in respect of a class of electrical work. (2) A person who is approved under an accepted electricity safety management scheme in accordance with sub-section (1)-- 30 (a) in the case of an electrical contractor, is deemed to be a registered electrical contractor in respect of the class of electrical 75 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 106 Act No. contracting to which the approval relates, for the purposes of this Act and the regulations; (b) in the case of an electrical worker, is deemed to be a licensed electrical worker in respect 5 of the class of electrical work to which the approval relates, for the purposes of this Act and the regulations. (3) An approval in accordance with this section under an accepted electricity safety management scheme 10 has effect subject to and in accordance with the terms and conditions of the scheme and may be revoked in accordance with the scheme. 106. Approval of equipment under scheme (1) A member of an accepted electricity safety 15 management scheme may apply to the accepted manager of the scheme for-- (a) the issue in accordance with the scheme of a certificate of acceptance of electrical equipment; or 20 (b) the issue in accordance with the scheme of a certificate of compliance of electrical equipment with the minimum standards prescribed for equipment of that class; or (c) approval in accordance with the scheme of 25 electrical equipment that is prescribed electrical equipment for the purpose of section 57(1); or (d) certification in accordance with the scheme of electrical equipment that is prescribed 30 equipment for the purposes of section 57(1). (2) Electrical equipment-- (a) in respect of which a certificate of acceptance or compliance is issued under 76 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 107 Act No. sub-section (1) in accordance with the scheme; or (b) in the case of prescribed electrical equipment, that is approved or certified 5 under sub-section (1) in accordance with the scheme-- is deemed for the purposes of this Act and the regulations to be electrical equipment in respect of which a certificate or approval has been issued or 10 given under this Act. (3) The approval or certification in accordance with this section of electrical equipment under an accepted electricity safety management scheme has effect subject to and in accordance with the 15 terms and conditions of the scheme and may be revoked in accordance with the scheme. Division 2--Employer scheme 107. Electricity safety management scheme (1) The Office-- 20 (a) may permit a person ("the scheme operator") who is an employer of electrical workers to submit an electricity safety management scheme in respect of the electrical work carried out by those workers 25 for that person; and (b) may permit a network operator to submit an electricity safety management scheme in respect of the design, construction, operation and maintenance of the network operator's 30 upstream network. (2) A scheme submitted under this section-- (a) must be in writing accompanied by the prescribed application fee; and 77 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 108 Act No. (b) in accordance with the regulations, must specify the safety management system being followed or to be followed in respect of the safety of the electrical work to which the 5 system applies or of the upstream network, as the case requires. 108. Validation of scheme (1) If a scheme has been submitted to the Office under this Division, the Office may require the 10 scheme operator to obtain an independent validation of that scheme or any part of that scheme. (2) The Office may require the validation to assess-- (a) whether the methods of carrying out and 15 persons proposed to carry out electrical work for the scheme operator will be fit for the purpose; or (b) whether the proposals for safety management of the design, construction, operation and 20 maintenance of the upstream network are appropriate-- as the case requires. (3) The scheme operator must establish to the satisfaction of the Office that each person 25 undertaking the validation of a matter has the necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter. (4) If the Office requires a scheme operator to provide 30 an independent validation of a scheme or part of a scheme, the costs of that validation must be borne by the scheme operator. (5) The Office is not required to proceed with the consideration of a scheme until the independent 35 validation is provided. 78 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 109 Act No. 109. Additional information (1) The Office may require a scheme operator to provide any additional information that the Office thinks fit in relation to a scheme submitted by the 5 scheme operator under this Division. (2) The Office is not required to proceed with the consideration of a scheme until the additional information is provided. 110. Consideration of scheme 10 The Office must consider a scheme submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the scheme permit. 111. Acceptance of scheme 15 (1) The Office must recommend to the Governor in Council that a scheme submitted under this Division be accepted if-- (a) the Office is satisfied-- (i) that the scheme is appropriate for the 20 electric work to which it applies and complies with this Act and the regulations; or (ii) that the scheme is appropriate for the upstream network to which it applies 25 and complies with this Act and regulations; and (b) the prescribed fee for acceptance of the scheme has been paid. (2) The Governor in Council, by Order published in 30 the Government Gazette, may accept a scheme 79 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 112 Act No. recommended by the Office in accordance with this Division. (3) The Office must notify the scheme operator in writing of its decision to recommend that a 5 scheme be accepted. 112. Non-acceptance of scheme (1) If the Office does not recommend to the Governor in Council that a scheme be accepted, the Office-- 10 (a) must notify the scheme operator in writing; and (b) must give the scheme operator an opportunity to modify and re-submit the scheme. 15 (2) A modified scheme must be submitted to the Office within 28 days after the notice is given under sub-section (1). (3) If, after considering any modified scheme submitted under this section, the Office decides 20 not to recommend to the Governor in Council that the scheme be accepted, the Office must give notice in writing of that decision to the scheme operator. (4) A notice under this section must be accompanied 25 by a statement of the reasons for the decision. 113. Exemption from regulations (1) If a scheme submitted under this Division is approved by Order of the Governor in Council under this Division, the Office may, in writing, 30 exempt the scheme operator from compliance with any of the regulations relating to the installation and operation of electrical installations or supply networks. 80 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 114 Act No. (2) If a scheme submitted under this Division is approved by Order of the Governor in Council under this Division, the Office may exempt any person authorised under the scheme to carry out a 5 class or type of electrical work from compliance with any of the regulations relating to the carrying out that class or type of electrical work. (3) The Office must not grant an exemption under this section from compliance with a regulation unless 10 the Office is satisfied that the level of safety to be provided if the exemption is given is not less than the level of safety which would be required to be provided under the regulation. 114. Compliance with scheme and annual fees 15 (1) A scheme operator must comply with an accepted electricity management scheme applying to that scheme operator. Penalty: In the case of a natural person, 200 penalty units; 20 In the case of a body corporate, 1000 penalty units. (2) The scheme operator of an accepted electricity management scheme applying to that scheme operator must pay the prescribed annual 25 administration fee in accordance with the regulations. 115. Revision of scheme--each 5 years (1) A scheme operator of an accepted electricity safety management scheme must submit a revised 30 scheme to the Office at the end of each period of 5 years commencing on the later of-- (a) the date when the relevant scheme is first accepted; or 81 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 116 Act No. (b) the date of the most recent acceptance of a revision of the scheme submitted under this section. Penalty: In the case of a natural person, 5 50 penalty units; In the case of a body corporate, 250 penalty units. (2) This Division applies to a revised scheme under this section in the same manner as it applies to an 10 electricity safety management scheme. 116. Office may request submission of revised scheme (1) The Office may at any time request a scheme operator of an accepted electricity safety management scheme to submit a revised scheme. 15 (2) The request must-- (a) be in writing; and (b) set out-- (i) the matters to be addressed by the required revision; and 20 (ii) the proposed date of effect of the revision; and (iii) the grounds for the request. 117. Compliance with request (1) A scheme operator must comply with a request 25 under section 116 within the time (being not less than 60 days) specified by the Office in the request. Penalty: In the case of a natural person, 80 penalty units; 30 In the case of a body corporate, 400 penalty units. 82 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 118 Act No. (2) This Division applies to a revised scheme under section 116 in the same manner as it applies to an electricity safety management scheme. 118. Lapsing of scheme 5 (1) If a scheme operator fails to comply with section 115 or 116, the Office may recommend to the Governor in Council that the Order approving the electricity safety management scheme be revoked. (2) The Office may, on application by a scheme 10 operator, recommend to the Governor in Council that an electricity safety management scheme approved by Order under this Division applying to the scheme operator be revoked. (3) If an Order of the Governor in Council approving 15 an accepted electricity safety management scheme is revoked, any exemption granted under section 113 in respect of that scheme lapses. 119. Duty of scheme operator A scheme operator of an accepted electricity 20 safety management scheme must manage the carrying out of electrical work by or for the scheme operator to minimise as far as practicable-- (a) the hazards and risks to safety of any person 25 arising from electricity; and (b) the hazards and risks to property arising from electricity. Penalty: In the case of a natural person, 200 penalty units; 30 In the case of a body corporate, 1000 penalty units. 83 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 120 Act No. 120. Compliance with scheme is a defence It is a defence to a prosecution of a person for an offence relating to a breach of a duty set out in section 119 if the person has complied with the 5 accepted electricity management scheme in relation to that duty. _______________ 84 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 121 Act No. PART 11--ENFORCEMENT OFFICERS AND POWERS Division 1--Appointment of enforcement officers 121. Enforcement officers (1) The Office may appoint the chief electrical 5 inspector or an employee of the Office to be an enforcement officer for the purpose of this Act. (2) The Office must give an identity card to each person who is appointed an enforcement officer. (3) The identity card-- 10 (a) must be signed by the chief electrical inspector; and (b) bear a photograph and the signature of the enforcement officer. (4) An enforcement officer must, in the course of 15 performing his or her functions under this Act, produce his or her identity card to any person who requests its production. (5) In this section "employee" includes an agent or contractor of the Office authorised by the Office 20 to carry out certain functions. Division 2--Powers of entry--general 122. Powers of entry--compliance (1) An enforcement officer may exercise powers under this section only to the extent that is 25 reasonably necessary to do so for the purpose of-- (a) investigating a serious electrical incident; or (b) determining compliance with an electrical safety management scheme; or 85 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 122 Act No. (c) determining compliance with this Act or the regulations. (2) An enforcement officer must obtain the prior written consent of the Office before each exercise 5 of a power under this section for the purpose of determining compliance with this Act or the regulations. (3) An enforcement officer may enter any residence or the land on which a residence is situated if-- 10 (a) the enforcement officer gives the occupier not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the enforcement officer enters the land or residence; and 15 (b) the occupier consents in writing to that entry; and (c) the entry occurs only between 8 a.m. and 6 p.m, unless the occupier consents in writing to entry outside those hours. 20 (4) An enforcement officer may enter any other land or premises during normal business hours. (5) In carrying out an inspection under this section, an enforcement officer must-- (a) cause as little harm and inconvenience or 25 damage as possible; and (b) not remain on the land or premises any longer than is reasonably necessary; and (c) leave the land or premises as nearly as possible in the same condition as it was 30 found prior to the inspection being carried out. (6) An enforcement officer may not exercise any powers under this section if the enforcement officer fails to produce, on request, his or her 86 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 123 Act No. identity card for inspection by the occupier of the land or premises. (7) If an enforcement officer exercises a power of entry under this section, without the owner or 5 occupier being present, the enforcement officer must-- (a) on leaving the land or premises, leave a notice setting out-- (i) the time of entry; and 10 (ii) the purpose of entry; and (iii) a description of all things done while on the land or premises; and (iv) the time of departure; and (v) the procedure for contacting the Office 15 for further details of the entry; and (b) post a copy of that notice-- (i) to the owner of the land or premises, if the identity and address of that owner are known to the enforcement officer; 20 and (ii) to the occupier of the land or premises, if the identity and address of that occupier are known to the enforcement officer. 25 123. Occupier to be given copy of consent (1) An occupier who consents in writing to entry of his or her residence or the land on which the residence is situated under section 122 must be given a copy of the signed consent immediately. 87 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 124 Act No. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry under section 122. 5 124. Emergency access (1) An enforcement officer may enter any land or premises at any time in an emergency if there is a threat to the safety of persons or property arising from a situation relating to electricity. 10 (2) If an enforcement officer exercises a power of entry under this section, without the owner or occupier being present, the enforcement officer must-- (a) on leaving the land or premises, leave a 15 notice setting out-- (i) the time of entry; and (ii) the purpose of entry; and (iii) a description of all things done while on the land or premises; and 20 (iv) the time of departure; and (v) the procedure for contacting the Office for further details of the entry; and (b) post a copy of that notice-- (i) to the owner of the land or premises, if 25 the identity and address of that owner are known to the enforcement officer; and (ii) to the occupier of the land or premises, if the identity and address of that 30 occupier are known to the enforcement officer. 88 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 125 Act No. 125. Powers on entry (1) On exercising a power of entry under this Division, an enforcement officer may-- (a) search the land or premises and anything 5 found at the land or premises; (b) inspect and take photographs (including video recordings), or make sketches, of the land or premises or anything on the land or premises; 10 (c) inspect, and make copies of, or take extracts from, any document kept on the land or premises; (d) seize anything on the land or premises the enforcement officer believes on reasonable 15 grounds that it is necessary to seize in order to prevent its concealment, loss or destruction; (e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any 20 electrical equipment, electrical installation or electrical installation work that the enforcement officer considers unsafe or does not comply with this Act or the regulations or was involved in a serious electrical 25 incident. (2) If an enforcement officer is unable to ascertain the identity of the owner or custodian of anything seized, the enforcement officer must-- (a) leave a receipt with, or post it to, the owner 30 or occupier of the land or premises from which the thing was seized; and (b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the owner or occupier of the land or premises 35 from which the document was seized. 89 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 126 128 Act No. 126. Return of things seized (1) If an enforcement officer seizes a thing under section 125, the enforcement officer must take reasonable steps to return the thing to the person 5 from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned within 14 days after it is seized, the enforcement officer must take reasonable steps to return it unless-- 10 (a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 127 extending the period of 14 days. 15 127. Magistrates' Court may extend period (1) An enforcement officer may apply to the Magistrates' Court before the expiration of the period referred to in section 126 or within a period extended by the Court under this section for an 20 extension of that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary-- (a) for the purposes of an investigation into 25 whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The enforcement officer must give notice of the application to the person from whom the thing 30 was seized unless the Court otherwise directs. 128. Entry to be reported to Electrical Appeals Board 90 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 131 Act No. (1) If an enforcement officer exercises a power of entry under this Division, the enforcement officer must report the exercise of the power to the Electrical Appeals Board in accordance with the 5 regulations. (2) The Electrical Appeals Board must keep a register containing the prescribed particulars of all matters reported to it under this section. Division 3--Powers of entry--enforcement 10 129. Powers of entry--enforcement (1) If an enforcement officer has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act 15 or the regulations, the enforcement officer may-- (a) enter the land or premises; and (b) search for the thing. (2) An enforcement officer must not enter land or premises under this Division except-- 20 (a) with the written consent of the occupier of the land or premises; or (b) under the authority of a search warrant. 130. Occupier to be given copy of consent (1) An occupier who consents in writing to entry of 25 his or her residence under section 129 must be given a copy of the signed consent immediately. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not 30 consent to the entry and search. 131. Search warrant 91 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. (1) An enforcement officer may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the enforcement officer believes on reasonable grounds that there 5 is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (2) A magistrate may issue a search warrant under 10 this section if the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, on land or premises a particular thing that may be evidence 15 of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise an enforcement officer named in the warrant and any assistants the enforcement officer considers necessary-- 20 (a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and (b) to search for the thing named or described in the warrant. 25 (4) In addition to any other requirement, a search warrant issued under this section must state-- (a) the offence suspected; and (b) the land or premises to be searched; and (c) a description of the thing for which the 30 search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and 92 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 132 133 Act No. (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance 5 with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this 10 section. 132. Announcement before entry (1) Before executing a search warrant, the enforcement officer named in the warrant or a person assisting the enforcement officer named in 15 the warrant must-- (a) announce that he or she is authorised by the warrant to enter the land or premises; and (b) give any person at the land or premises an opportunity to allow entry to the land or 20 premises. (2) The enforcement officer or a person assisting the enforcement officer need not comply with sub- section (1) if he or she believes on reasonable grounds that immediate entry to the land or 25 premises is required to ensure-- (a) the safety of any person; or (b) that the effective execution of the warrant is not frustrated. 133. Copy of warrant to be given to occupier 30 If the occupier or another person who apparently represents the occupier is present at the land or 93 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. premises when a search warrant is being executed, the enforcement officer must-- (a) identify himself or herself to that person by producing his or her identity card for 5 inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. Division 4--General 134. Power of enforcement officer to require information 10 or documents (1) An enforcement officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of-- (a) investigating a serious electrical incident; or 15 (b) investigating an emergency where there is a threat to the safety of persons or property arising from a situation relating to electricity; or (c) determining compliance with an electrical 20 safety management scheme; or (d) determining compliance with this Act or the regulations. (2) An enforcement officer must obtain the prior written consent of the Office before each exercise 25 of a power under this section for the purpose of determining compliance with this Act or the regulations. (3) An enforcement officer may require a person to give information to the enforcement officer, to 30 produce documents to the enforcement officer and to give reasonable assistance to the enforcement officer. 94 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 135 138 Act No. (4) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under sub-section (3). Penalty: 200 penalty units. 5 135. Offence to give false information to enforcement officer A person must not-- (a) give information to an enforcement officer under this Part that the person knows to be 10 false or misleading in a material particular; or (b) produce a document to an enforcement officer under this Part that the person knows to be false or misleading in a material 15 particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 200 penalty units. 136. Copying of documents 20 If a person produces a document to an enforcement officer in accordance with a requirement under section 134, the enforcement officer may make copies of, or take extracts from, the document. 25 137. Protection against self-incrimination A natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Part if the giving of the information, the 30 production of the document or the doing of that other thing would tend to incriminate the person. 138. Offence to obstruct enforcement officer 95 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. A person must not without reasonable excuse obstruct or hinder an enforcement officer exercising functions under this Act. Penalty: 300 penalty units. 5 139. Police to assist enforcement officers An enforcement officer may request the assistance of a member of the police force and a member of the police force may assist an enforcement officer to take any action authorised by this Part. 10 140. Impersonation of enforcement officer A person must not impersonate an enforcement officer. Penalty: 100 penalty units. ------------------ 15 96 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 141 Act No. PART 12--GENERAL Division 1--Directions 141. Chief electrical inspector may give directions (1) If the chief electrical inspector considers that it is 5 necessary to do so for safety reasons, the chief electrical inspector may, in writing, direct a relevant person-- (a) to disconnect the supply of electricity to an electrical installation, or part of an electrical 10 installation; and (b) to keep that supply disconnected until the chief electrical inspector considers that it is safe to reconnect the supply. (2) If the chief electrical inspector is satisfied that it is 15 necessary to do so for safety reasons, the chief electrical inspector may, in writing, direct a person-- (a) to cease to use particular electrical equipment or a class of electrical equipment 20 until the chief electrical inspector considers that it is safe to use; or (b) to cease a particular electrical work practice or class of electrical work practice until the chief electrical inspector considers that it is 25 safe. (3) In this section, "relevant person" means an electricity supplier, the holder of a licence under the Electricity Industry Act 1993 to supply or sell electricity, or any other person supplying 30 electricity. 97 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 142 Act No. (4) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 300 penalty units; 5 In the case of a body corporate, 1500 penalty units. Division 2--Reporting of serious electrical incidents 142. Notification of serious electrical incidents (1) An electricity supplier must report to the Office in 10 accordance with the regulations any serious electrical incident which occurs in relation to its supply network. Penalty: In the case of a natural person, 300 penalty units; 15 In the case of a body corporate, 1500 penalty units. (2) An electricity supplier must report to the Office in accordance with the regulations any serious electrical incident of which it is aware and which 20 occurs in relation to an electrical installation to which it supplies electricity. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 25 50 penalty units. (3) A fire control authority must report to the Office in accordance with the regulations-- (a) any serious electrical incident which it attends; and 30 (b) the results of any investigation it conducts into a fire of an electrical nature. 98 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 143 Act No. Division 3--Improvement notices 143. Enforcement officer may issue improvement notice (1) An enforcement officer may issue an improvement notice to a person if the officer is of 5 the opinion that the person-- (a) is contravening any provision of Division 2 of Part 10; or (b) has contravened such a provision in circumstances that make it likely that the 10 contravention will be continued or repeated. (2) The improvement notice may require the person to whom it is issued to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely 15 contravention. (3) An improvement notice must-- (a) state that the enforcement officer is of the opinion that the person-- (i) is contravening a provision of Division 20 2 of Part 10; or (ii) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated; and 25 (b) state the reasons for that opinion; and (c) specify the provision of the electricity safety management scheme in respect of which that opinion is held; and (d) specify the day (being a day more than 7 30 days after the day on which the notice is issued) before which the person is required to remedy the contravention or likely contravention or the matters or activities 99 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 144 Act No. occasioning the contravention or likely contravention. 144. Offence not to comply with improvement notice (1) A person to whom an improvement notice is 5 issued must comply with the improvement notice. Penalty: in the case of a natural person, 80 penalty units; in the case of a body corporate, 400 penalty units. 10 (2) Sub-section (1) does not apply during any period that the operation of the improvement notice is stayed by the Electrical Appeals Board. 145. Notices may include directions (1) An enforcement officer may include in an 15 improvement notice directions as to the measures to be taken to remedy any contravention or likely contravention, to which the notice relates. (2) A direction under sub-section (1) may offer the person to whom it is issued a choice of ways in 20 which to remedy the contravention or likely contravention. Division 4--Other matters 146. Offences by bodies corporate (1) If a body corporate commits an offence against 25 this Act or the regulations, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for 30 it. (2) A person may be proceeded against and convicted under a provision in accordance with sub-section 100 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 147 Act No. (1) whether or not the body corporate has been proceeded against or convicted under that provision. (3) Nothing in this section affects any liability 5 imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations. (4) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the 10 intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. (5) In sub-section (1), "officer", in relation to a body corporate, means-- 15 (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or 20 (c) a person concerned in the management of the body corporate. 147. Offences by partnerships or unincorporated associations If this Act or a regulation made under this Act 25 provides that a person is guilty of an offence, that reference to a person must-- (a) in the case of a partnership, be read as a reference to each member of the partnership; and 30 (b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association. 101 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 148 Act No. 148. False or misleading information (1) A person must not give information that is false or misleading in a material particular to the Office or to an employee of the Office in connection with 5 an application, notice or submission under this Act or the regulations. Penalty: 100 penalty units. (2) In a proceeding for an offence against sub-section (1), it is a defence for the accused to prove that the 10 accused believed on reasonable grounds-- (a) in the case of false information, that the information was true; and (b) in the case of misleading information, that the information was not misleading. 15 _______________ 102 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 149 Act No. PART 13--REGULATIONS 149. Supply safety The Governor in Council may make regulations for or with respect to the safe generation, 5 transmission, distribution and supply of electricity, including-- (a) the protection of persons from risk and property from damage associated with the generation, transmission, distribution and 10 supply of electricity; (b) the protection and maintenance of and the prevention of interference with operations, electric lines, works and structures associated with the generation, transmission, 15 distribution and supply of electricity. 150. Safety management schemes The Governor in Council may make regulations for or with respect to electricity safety management schemes including regulations-- 20 (a) specifying the requirements and standards with which an electricity safety management scheme must comply; (b) specifying procedures for recommendation-- (i) of persons for acceptance under Part 10 25 as managers of electricity safety management schemes; (ii) of such schemes for acceptance under Part 10. (c) requiring an electricity safety management 30 scheme to nominate the persons who are to carry out electrical work under the scheme; 103 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 151 Act No. (d) requiring an electricity safety management scheme to nominate an independent auditor to monitor compliance with the scheme; (e) providing for the keeping of records in 5 relation to electricity safety management schemes; (f) providing for the payment of bonds to the Office in respect of electricity safety management schemes; 10 (g) regulating and requiring the keeping of accounts by the manager of an electricity safety management scheme; (h) empowering the Office to exempt an electricity safety management scheme from 15 all or any of the requirements of the regulations made in relation to electricity safety management schemes. 151. Electric line clearance The Governor in Council may make regulations 20 for or with respect to-- (a) standards of design, construction and maintenance of private electric lines; (b) the manner in which a distribution company or transmission company may exercise its 25 powers under section 85(b) and (c); (c) the Code of Practice for Electric Line Clearance setting out-- (i) the duties of responsible persons; (ii) the standards and practices to be 30 adopted and observed in tree pruning or clearing in the vicinity of electric lines; 104 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 152 Act No. (iii) management procedures to minimise danger of electric lines causing fire or electrocution; (iv) any other matters for or with respect to 5 the maintenance of electric lines. 152. Installation safety The Governor in Council may make regulations for or with respect to-- (a) safety standards for the design, construction, 10 operation, alteration, repair, maintenance and dismantling of electrical installations; (b) prohibiting or regulating the construction of electrical installations; (c) the methods to be followed in carrying out 15 electrical installation work in or in relation to electrical installations; (d) safety standards in relation to the connection of electrical equipment or apparatus to electrical installations; 20 (e) safety standards in relation to the connection of electrical installations to an electricity supply; (f) inspections of electrical installations; (g) testing of electrical installations and 25 electrical installation work; (h) the certification of electrical installation work; (i) reasonable fees to be charged by the Office for the inspection and testing of electrical 30 installations and electrical installation work; (j) reasonable fees to be charged for the certification of electrical installation work. 105 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 153 Act No. 153. Equipment safety The Governor in Council may make regulations for or with respect to-- (a) standards of safety for electrical equipment; 5 (b) the examination, inspection and testing of electrical equipment; (c) the acceptance of electrical equipment, the approval of prescribed electrical equipment and the certification of compliance of 10 electrical equipment including-- (i) applications for certificates of approval, acceptance or compliance and the information to accompany the applications; 15 (ii) the issuing of certificates of approval, acceptance or compliance; (iii) conditions on certificates of approval, acceptance or compliance; (iv) the modification of certificates of 20 approval, acceptance or compliance; (v) the refusal and withdrawal of approval or acceptance; (vi) the renewal and duration of certificates of approval or acceptance; 25 (vii) the keeping of registers of certificates of approval, acceptance or compliance and certificate holders; (d) the marking and labelling of prescribed electrical equipment; 30 (e) reasonable fees to be charged for-- (i) the testing or examination of electrical equipment; 106 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 154 Act No. (ii) the preparation of reports about electrical equipment; (iii) applications for certificates of approval or acceptance or the renewal, 5 modification or transfer of certificates of approval or acceptance; (iv) applications for certificates of compliance. 154. Equipment efficiency regulations 10 The Governor in Council may make regulations for or with respect to-- (a) the standards of energy efficiency and performance required for proclaimed electrical equipment; 15 (b) prohibiting or regulating the supply or offer of supply of proclaimed electrical equipment; (c) the registration of proclaimed electrical equipment, including-- 20 (i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests); 25 (ii) the granting of registration; (iii) conditions on registration; (iv) the transfer of registration; (v) variation of registration; (vi) the refusal and cancellation of 30 registration; (vii) the renewal and duration of registration; 107 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 155 Act No. (viii) the keeping of registers of proclaimed electrical equipment and registration holders; (d) the testing, marking and labelling of 5 proclaimed electrical equipment, including the provision of samples of equipment and labels to the Office for testing and the disposal of those samples; (e) reasonable fees to be charged for-- 10 (i) the testing, examination, marking or labelling of proclaimed electrical equipment; (ii) the preparation of reports about proclaimed electrical equipment; 15 (iii) the registration, renewal of registration, modification of registration or transfer of registration of proclaimed electrical equipment; (f) authorising or requiring the giving of public 20 notices in relation to proclaimed electrical equipment and the recovery of costs associated with those notices. 155. Cathodic protection and stray current corrosion regulations 25 (1) The Governor in Council may make regulations for or with respect to-- (a) standards and requirements for the design, installation and operation of cathodic protection systems and systems for the 30 mitigation of stray current corrosion; (b) requiring and regulating the installation, use and maintenance of cathodic protection systems and systems for the mitigation of stray current corrosion; 108 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 155 Act No. (c) the registration of cathodic protection systems and systems for the mitigation of stray current corrosion, including-- (i) applications for registration and the 5 information to accompany the applications; (ii) the granting of certificates of registration; (iii) conditions on certificates of 10 registration; (iv) modifications to a system; (v) the refusal and withdrawal of registration; (d) the keeping of registers of cathodic 15 protection systems and systems for the mitigation of stray current corrosion; (e) the testing of cathodic protection systems and systems for the mitigation of stray current corrosion; 20 (f) reasonable fees (including annual fees) to be charged for the testing of, the examination of and for the preparation of reports about cathodic protection systems and systems for the mitigation of stray current corrosion; 25 (g) prescribing generally the precautions to be taken to secure the working of railway and tramway systems so as to mitigate danger and damage from fusion or electrolytic action and in particular all such matters or 30 things as are necessary or expedient to be prescribed with respect to all or any of the following matters-- (i) return conductors; 109 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 156 Act No. (ii) the structure and method of construction of railway and tramway systems and the method of generation, distribution and use of the electrical 5 current; (iii) the making and recording of electric tests whether by the operator of a railway or tramway system or the Office. 10 156. Electrical contractors and electrical workers The Governor in Council may make regulations for or with respect to-- (a) the qualifications, including courses of training and examination and re-examination 15 required for registration of electrical contractors or any class of electrical contractors; (b) the registration of electrical contractors including the conditions under which 20 registration will be granted; (c) reasonable fees to be paid-- (i) for the registration of electrical contractors; (ii) for the renewal of registrations; 25 (d) the suspension or cancellation of the registration of any electrical contractor and the restoration of the registration of any electrical contractor whose registration has been suspended or cancelled. 30 (e) grades and standards of qualification and competence of electrical workers and their duties; (f) the examination, grading and licensing of electrical workers and applications for and 110 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 157 Act No. the issue and variation of licences, including the conditions and restrictions to which licences are subject; (g) the expiry, renewal, cancellation and 5 suspension of licences; (h) prescribing forms of licences; (i) prescribing periodic or other tests of the competence of electrical workers for carrying out electrical work; 10 (j) reasonable fees to be paid for applications for licences and any theoretical or practical examination in electrical work and refunds of fees. 157. General regulation making powers 15 (1) The Governor in Council may make regulations for or with respect to-- (a) fixing fees and charges for or with respect to any function or service carried out by the Office; 20 (b) empowering the Office to waive or rebate the payment of a fee or charge in specified circumstances; (c) fixing fees for appeals to the Electrical Appeals Board; 25 (d) forms for the purposes of this Act or the regulations; (e) the proceedings of the Electrical Appeals Board and the procedure for appeals to that Board; 30 (f) the keeping of records; (g) the conducting of tests; 111 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 157 Act No. (h) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. 5 (2) Regulations made under this Act may be made-- (a) so as to apply-- (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; 10 (b) so as to require a matter affected by the regulations to be-- (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a 15 specified person or body; (c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, 20 issued, prescribed or published by any authority or body whether-- (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the 25 regulation is made; or (ii) as amended from time to time; (d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body; 30 (e) so as to empower the Office to exempt any person, electrical work or electrical equipment from all or any of the 112 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 158 Act No. requirements of the regulations subject to conditions (if any) specified by the Office. (3) The regulations may impose a penalty not exceeding 20 penalty units for a breach of a 5 regulation. 158. Disallowance of regulations The regulations are subject to disallowance by a House of the Parliament. _______________ 10 113 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 159 Act No. PART 14--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS 159. Transitional provisions--Office of the Chief Electrical Inspector 5 (1) The Office of the Chief Electrical Inspector established by this Act continues to be the same body as that established by section 55 of the Electricity Industry Act 1993. (2) The person who held the office of chief electrical 10 inspector under the Electricity Industry Act 1993 immediately before the commencement of this section continues to hold that office under this Act on the same terms and conditions and with the same accrued and accruing entitlements as applied 15 to the person immediately before that commencement. (3) In any Act, other than this Act, and in all subordinate instruments (within the meaning of the Interpretation of Legislation Act 1984) 20 made under any Act and in all other instruments, unless the contrary intention appears, a reference to the chief electrical inspector must be construed as a reference to the Office of the Chief Electrical Inspector established under Part 2. 25 160. Transitional provisions--electrical contractors and mechanics (1) Any person who was registered as an electrical contractor under Part V of the State Electricity Commission Act 1958 immediately before the 30 commencement of this section is deemed on that commencement to be registered as an electrical contractor under Division 1 of Part 3 of this Act for the remainder of the registration period. 114 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 161 Act No. (2) Any person who was licensed as an electrical mechanic in respect of a grade of electrical wiring work under Part V of the State Electricity Commission Act 1958 immediately before the 5 commencement of this section is deemed on that commencement to be licensed under Division 2 of Part 3 of this Act as an electrical worker in respect of an equivalent class of electrical work for the remainder of the licence period. 10 161. Transitional provision--electrical equipment (1) Electrical equipment in respect of which an approval was in force under section 51 of the State Electricity Commission Act 1958 immediately before the commencement of this 15 section is deemed on that commencement to be approved under section 58 of this Act. (2) An Order under section 57(1) of the State Electricity Commission Act 1958 in force immediately before the commencement of this 20 section and declaring any class, description or type of electrical appliance to be a proclaimed electrical appliance has effect as an Order under section 67 of this Act declaring any class, description or type of appliance to which the 25 Order applies to be proclaimed electrical equipment for the purposes of Part 5 of this Act and may be amended or revoked accordingly. 162. Transitional provision--urban area (1) A notice under section 58(1A) of the State 30 Electricity Commission Act 1958 specifying an area of land as an urban area that was in force immediately before the commencement of this section has effect as a notice under section 79 of this Act and may be amended or revoked 35 accordingly. 115 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 163 Act No. (2) A declaration under section 65(3) of the State Electricity Commission Act 1958 of an area in an urban area for the purposes of section 60(3) of that Act that was in force immediately before the 5 commencement of this section has effect as a declaration under section 81(1) of this Act and may be amended or revoked accordingly. 163. State Electricity Commission Act 1958 (1) In the State Electricity Commission Act 1958-- 10 (a) in section 3, sub-section (3) is repealed; (b) section 13 is repealed; (c) Part IVA is repealed; (d) Part V is repealed; (e) Part VA is repealed; 15 (f) Part VI is repealed; (g) section 101A is repealed; (h) in section 110, paragraphs (a), (b), (ba), (bb), (bc), (c), (d), (e) and (g) are repealed; (i) in section 111(1), paragraph (ga) is 20 repealed. (2) In section 107 of the State Electricity Commission Act 1958-- (a) omit "43A and"; (b) after "1958" insert "as in force immediately 25 before the commencement of section 167 of the Electricity Safety Act 1998"; (c) for "the electricity corporations" substitute "a distribution company, generation company or transmission company within 30 the meaning of the Electricity Industry Act 1993". 116 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 164 Act No. 164. New Part 3A inserted in Electricity Industry Act 1993 After Part 3 of the Electricity Industry Act 1993 insert-- "PART 3A--ELECTRICITY SUPPLY 5 EMERGENCY PROVISIONS 47B. Proclamation that this Part applies (1) If it appears to the Governor in Council that-- (a) an event has occurred, or is about to 10 occur, which may endanger an undertaking of the Commission, an electricity corporation or an electricity supplier or materially affect the safe, economical or effective supply of 15 electricity; or (b) the available supply of electricity is, or is likely to become, less than is sufficient for the reasonable requirements of the community-- 20 the Governor in Council may by proclamation declare that this Part is to apply. (2) The proclamation must be published in the Government Gazette. 25 (3) The proclamation takes effect on the date of its publication. 47C. Powers of Minister (1) While a proclamation is in force, the Minister may give any directions that the 30 Minister thinks necessary to-- 117 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 164 Act No. (a) protect any undertaking of an electricity corporation or an electricity supplier; or (b) ensure the safe, economical or effective supply of electricity; or 5 (c) ensure that the available electricity is fairly distributed to the community; or (d) increase the available supply of electricity. (2) Without limiting sub-section (1), the 10 Minister may, by notice in writing, do all or any of the following-- (a) give any directions that are necessary to control, direct, restrict or prohibit the supply, distribution, sale, use or 15 consumption of electricity; (b) direct a person or body to carry out any work required to ensure the generation, supply or distribution of electricity; (c) direct a person or body to maintain or 20 operate any services required to ensure the generation, supply or distribution of electricity; (d) requisition the use of property of any kind which is used, or may be used, for 25 or in connection with the generation, supply or distribution of electricity; (e) operate, use, dispose of, distribute, store, repair and maintain any such property; 30 (f) authorise a person specified in the notice to enter any land, building or structure used for or in connection with the provision of electricity; 118 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 164 Act No. (g) authorise a person specified in the notice to withdraw the supply of electricity from any consumer the person reasonably believes is in breach 5 of any direction given under paragraph (a); (h) provide, by direction, for any matter or thing incidental to the carrying into effect of the powers referred to in this 10 section. (3) A direction-- (a) may operate generally, or may be limited in its operation according to specified times, places, circumstances, 15 conditions or restrictions; and (b) may, if so specified in the direction, allow the Minister to exempt a person or body from having to comply with the direction; and 20 (c) may be addressed or directed to people and bodies generally or particularly. (4) A direction must be published in the Government Gazette as soon as possible after it is made. 25 (5) Notice of a requisition relating to a class of property must be published in the Government Gazette as soon as possible after it is made. (6) The Minister may at any time revoke a 30 direction or return requisitioned property. (7) If the Minister requisitions the use of property under sub-section (2)(d), the reasonable costs of compensating the owner of that property for the requisition and 35 making good any damage resulting from the 119 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 164 Act No. requisition must be determined by the Minister. (8) If there is a dispute as to the Minister's determination, the Minister must refer the 5 matter for arbitration by a single arbitrator under the Commercial Arbitration Act 1984. (9) Requisitioned property that has not been disposed of must be returned as soon as it is 10 safe to do so after the Governor in Council revokes a proclamation. (10) The revocation or expiry of a direction does not affect-- (a) the previous operation of the direction; 15 or (b) the validity of any action taken under the direction; or (c) any penalty or punishment incurred in respect of any failure to comply with 20 the direction or any proceeding or remedy in respect of the penalty or punishment. 47D. Offences (1) A person or body who is aware of a direction 25 under section 47C must comply with the direction. (2) A person-- (a) to whom electricity is supplied; and (b) who is aware of a direction restricting 30 or prohibiting the use of electricity-- must do everything reasonably possible to ensure that electricity is not used on the land 120 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 164 Act No. or premises to which the electricity is supplied in contravention of the direction. (3) A person must not obstruct another person-- (a) exercising a power given to; or 5 (b) complying with an obligation imposed on-- the other person under section 47C if the person has been shown a copy of the notice giving the power or imposing the obligation. 10 (4) A person is deemed to be aware of a direction if the Minister has caused-- (a) the direction to be published in a newspaper circulating throughout the area in which the direction applies; or 15 (b) details of the direction to be broadcast by means of radio or television transmission throughout the area in which the direction applies. (5) In any proceedings for an offence against 20 this section, a certificate purporting to be signed by the Minister to the effect that details of a direction were broadcast by means of radio or television transmission throughout a particular area on a specified 25 day is prima facie evidence of the facts set out in the certificate. (6) In any proceedings for an offence against this section, if a direction was made in respect of part of a day and first broadcast on 30 that day, it is sufficient defence for the defendant to prove that at the time of the commission of the offence, the defendant-- (a) did not know; and 121 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 164 Act No. (b) could not reasonably have known-- of the direction. (7) A person or body who contravenes sub- section (1), (2) or (3) is guilty of an offence 5 and liable to-- (a) a penalty of not more than 50 penalty units; and (b) in the case of a continuing offence, a further penalty of not more than 10 5 penalty units for each day the offence continues. (8) If a firm or partnership is convicted of an offence under this section, each member with a beneficial interest in the profits or capital 15 assets of the firm or partnership is also guilty of the offence. (9) If an incorporated association or an unincorporated body other than a firm or partnership is convicted of an offence under 20 this section, each member of the committee of management of the association or body is also guilty of the offence. 47E. Delegation by Minister (1) The Minister may, by instrument, delegate to 25 any person or body all or any of the Minister's powers and functions under this Part (except this power of delegation). (2) The Minister may limit the delegation with respect to time, place or circumstance. 122 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 165 Act No. 47F. Judicial notice All courts and any person acting judicially must take judicial notice of any proclamation, direction or general requisition 5 made, given or imposed under this Part. 47G. Immunity from suit The Crown or any responsible Minister of the Crown or any officer, person or body exercising a power under this Part is not 10 liable for any damage, loss or injury resulting from the exercise of that power.". 165. Further amendment of Electricity Industry Act 1993 (1) In section 3(1) of the Electricity Industry Act 1993 for the definition of "Office" substitute-- 15 ' "Office" means the Office of the Regulator- General under the Office of the Regulator- General Act 1994;'. (2) In section 3 of the Electricity Industry Act 1993, sub-section (3) is repealed. 20 (3) In the heading to Part 4 of the Electricity Industry Act 1993 omit "AND CHIEF ELECTRICAL INSPECTOR". (4) In Part 4 of the Electricity Industry Act 1993, Division 2 is repealed. 25 (5) In section 88 of the Electricity Industry Act 1993, sub-section (2) is repealed. (6) In section 159 of the Electricity Industry Act 1993, sub-sections (4) and (5) are repealed. 123 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 166 Act No. 166. Transport Act 1983 (1) At the end of Schedule 3 to the Transport Act 1983 insert-- "7. For the purpose of carrying out its functions 5 under this Act, to install, construct or place electric lines (within the meaning of the Electricity Safety Act 1998) and to maintain such lines and for that purpose to exercise the powers of an electricity corporation 10 under section 47 of the Electricity Industry Act 1993.". (2) In clause 20(b) of Schedule 5 to the Transport Act 1983 omit "or with the undertakers within the meaning of the Electric Light and Power Act 15 1958". 167. Repeal of Electric Light and Power Act 1958 The Electric Light and Power Act 1958 is repealed. 168. Amendment of Borrowing and Investment Powers Act 20 1987 In Schedule 1 to the Borrowing and Investment Powers Act 1987, before item 10 insert-- "9C Office of the Chief 5, 8, 10, 11, 11AA, 12, Electrical Inspector 14, 15, 20, 20A and 21". 169. Amendment of Land Act 1958 In section 334(1) of the Land Act 1958 for 25 "Electric Light and Power Act 1958" substitute "Electricity Industry Act 1993 and the Electricity Safety Act 1998". 124 532031B.A1-14/4/98

Electricity Safety Act 1998 s. 170 Act No. 170. Amendment of Essential Services Act 1958 In section 3 of the Essential Services Act 1958 in the definition of "essential service" omit "or an undertaker within the meaning of the Electric 5 Light and Power Act 1958". ------------------ 125 532031B.A1-14/4/98

Electricity Safety Act 1998 Sch. 1 Act No. SCHEDULE 1 MEMBERSHIP AND PROCEDURE OF ELECTRICAL APPEALS BOARD PART 1--MEMBERSHIP 5 1. Term of Appointment (1) Subject to this clause, a member of the Electrical Appeals Board holds office for a period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) A member of the Electrical Appeals Board is eligible for re- 10 appointment. (3) The instrument of appointment of a member of the Electrical Appeals Board may specify terms and conditions of appointment not inconsistent with this Act or the regulations. 15 (4) The Governor in Council may at any time remove a member of the Electrical Appeals Board from office. 2. Remuneration and allowances A member of the Electrical Appeals Board (including the chairperson) who is not a member of the public service or 20 the holder of a full-time statutory office is entitled to receive-- (a) remuneration; and (b) travelling or other allowances-- from time to time fixed by the Minister in respect of that 25 member. 3. Vacancies (1) A member of the Electrical Appeals Board may resign from membership by letter signed by the member and delivered to the Minister. 30 (2) The office of a member of the Electrical Appeals Board becomes vacant if the member-- (a) becomes bankrupt; or (b) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 126 532031B.A1-14/4/98

Electricity Safety Act 1998 Sch. 1 Act No. 12 months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable. 4. Application of Public Sector Management Act 5 A member of the Electrical Appeals Board, in respect of the office of member, is not subject to the Public Sector Management Act 1992. 5. Decisions not affected by certain matters An act or decision of the Electrical Appeals Board is not 10 invalid only because-- (a) of a defect or irregularity in the appointment of a member; or (b) of a vacancy in its membership. PART 2--PROCEDURE 15 6. Electrical Appeals Board to sit in panels (1) For the purposes of performing any of its functions, the Electrical Appeals Board may be constituted by a panel of 3 of its members. (2) The chairperson of the Electrical Appeals Board may 20 determine which of its members are to constitute a panel for an appeal. (3) If a panel includes the chairperson of the Electrical Appeals Board, he or she is the chairperson of the panel. (4) If a panel does not include the chairperson of the Electrical 25 Appeals Board, the members of the panel may elect the chairperson of the panel. (5) If, after an appeal has commenced before a panel, a member of the panel becomes unavailable-- (a) if the parties to the appeal agree, the appeal may be 30 continued and completed before the remaining members of the panel; and (b) if the member who is unavailable is the chairperson of the panel another chairperson of the panel must be chosen in accordance with this clause. 35 (6) If the parties do not agree to continue an appeal under sub- clause (5) the chairperson of the Electrical Appeals Board must arrange for the matter to be reconsidered by another 127 532031B.A1-14/4/98

Electricity Safety Act 1998 Sch. 1 Act No. panel, and that other panel may have regard to the earlier appeal proceedings. 7. How to commence a proceeding (1) A person may commence an appeal before the Electrical 5 Appeals Board by serving a notice of appeal on the Board. (2) The notice of appeal-- (a) must specify-- (i) the nature of the appeal; and (ii) the grounds for the appeal; and 10 (iii) the relief sought; and (b) must be in accordance with the regulations (if any); and (c) must be accompanied by the prescribed fee. (3) The person who serves a notice of appeal must without 15 delay serve a copy of that notice on-- (a) the Office; and (b) in the case of an appeal against the grant of an approval of prescribed electrical equipment, the person to whom the approval was granted. 20 8. Parties to a proceeding A person who, under clause 7, is entitled to be served with a copy of a notice of appeal is a party to that appeal. 9. Conducting a proceeding (1) The Electrical Appeals Board must give the parties to the 25 appeal reasonable opportunity to make-- (a) oral or written submissions at a hearing; or (b) written submissions in the case of a proceeding that is not a hearing. (2) Sections 14, 15, 16 and 21A of the Evidence Act 1958 30 apply to the Electrical Appeals Board in relation to a proceeding as if the Board were a Board appointed by the Governor in Council. (3) The Electrical Appeals Board-- (a) may proceed by accepting written submissions or by 35 conducting a hearing; and 128 532031B.A1-14/4/98

Electricity Safety Act 1998 Sch. 1 Act No. (b) may inform itself in any manner it thinks fits; and (c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence; and 5 (e) may conduct an appeal in private if it considers it in the public interest or the interest of justice to do so, but must otherwise hold its hearing in public; and (f) must proceed with as little formality and technicality and with as much expedition as the requirements of 10 this Act and the regulations and the proper consideration of the matter before it permit; and (g) may proceed with the hearing in the absence of a party to the appeal if it is satisfied that the party has been given reasonable notice of the date, time and 15 place of the hearing; and (h) may at any time adjourn the appeal; and (i) may deal with appeals or classes of appeals together if it is satisfied that they relate to the same parties or the same or related subject-matter; and 20 (j) may seek the independent advice of a person to assist it in dealing with the appeal. (4) A party to an appeal may appear at a hearing before the Electrical Appeals Board or do anything else in relation to an appeal before that Board either personally or through an 25 agent. (5) The Electrical Appeals Board must disclose to each party to an appeal any advice it receives under sub-clause (3)(j) and give each party a reasonable opportunity to make submissions about that advice before determining the 30 appeal. 10. Appeal may be dismissed if vexatious or frivolous The Electrical Appeals Board may dismiss an appeal if it considers that the appeal is vexatious or frivolous. 11. Determinations and reasons 35 (1) A determination of the Electrical Appeals Board must be in writing. 129 532031B.A1-14/4/98

Electricity Safety Act 1998 Sch. 1 Act No. (2) The determination may include any order as to costs that the Electrical Appeals Board, on the application of a party to the appeal, considers is just. (3) The determination may include any other incidental order or 5 direction that the Electrical Appeals Board considers is necessary. (4) The Electrical Appeals Board must without delay cause a copy of its determination in any appeal to be served on each party to the appeal. 10 (5) Within one month after being served with a copy of the Electrical Appeals Board's determination, or within any further time allowed by the Board, a party to an appeal may request the Board to give to the party written reasons for its determination. 15 (6) The Electrical Appeals Board must comply with a request received under sub-clause (5) without delay after receiving it. (7) The Electrical Appeals Board may make public any of its determinations in any manner it thinks fit. 20 (8) The Electrical Appeals Board is not bound by its earlier determinations. 12. Costs Unless the Electrical Appeals Board otherwise determines, a party to an appeal before the Board must bear his, her or its 25 own costs. 13. Correction of errors (1) On its own initiative or at the request of a party to a proceeding, the Electrical Appeals Board may make a determination correcting an earlier determination in which 30 there is-- (a) a clerical error or accidental slip or omission; or (b) an evident material miscalculation of figures; or (c) an evident material mistake in the description of a person, property or thing. 35 (2) The powers of the Electrical Appeals Board under sub- clause (1) may also be exercised on behalf of the Board by-- (a) the chairperson of a panel; or 130 532031B.A1-14/4/98

Electricity Safety Act 1998 Sch. 1 Act No. (b) the chairperson of the Electrical Appeals Board, if the relevant panel or the chairperson of the panel is unavailable. 14. Enforcement of determination 5 A determination of the Electrical Appeals Board may be enforced as if it were a judgment or order of a court of competent jurisdiction. 15. Register The Registrar of the Electrical Appeals Board must keep a 10 Register of proceedings and determinations of the Board. 16. Authentication of documents (1) A document required or authorised to be prepared by the Electrical Appeals Board must be taken to be authenticated by that Board if it is signed by the Registrar of the Electrical 15 Appeals Board and either the chairperson of the panel or the chairperson of the Electrical Appeals Board. (2) The production of a document purporting to be a copy of a record of an act or decision of the Electrical Appeals Board and purporting to be signed by the Registrar is evidence 20 and, in the absence of evidence to the contrary, is proof that a decision in those terms was duly made by the Board or that the stated act was duly done by the Board. 131 532031B.A1-14/4/98

Electricity Safety Act 1998 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 132 532031B.A1-14/4/98

Electricity Safety Act 1998 Act No. 133 532031B.A1-14/4/98

[Index] [Search] [Download] [Related Items] [Help]