Victorian Consolidated Legislation

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ELECTRICITY SAFETY ACT 1998

No. 25 of 1998
Version incorporating amendments as at 1 January 2010

TABLE OF PROVISIONS

           Section Page

   PART 1-PRELIMINARY

   1.      Purpose
   2.      Commencement
   3.      Definitions
   3A.     Declaration of certain distribution companies or transmission companies not to be major electricity companies
   4.      Exemptions
   5.      Act to bind the Crown

   PART 2-ENERGY SAFE VICTORIA

   6.      Objectives of Energy Safe Victoria
   7.      Functions of Energy Safe Victoria
   8.      Funding
           9-29. Repealed

   PART 3-ELECTRICAL WORK

           Division 1-Registration of electrical contractors

   30.     Contractors
   31.     Registration of electrical contractors
   32.     Registered number
   33.     Register of electrical contractors
   34.     Disciplinary action
   35.     Employees of registered electrical contractor
   36.     Electrical contractors not to employ certain persons
   37.     Obligations on registered contractors

           Division 2-Licensing of electrical workers

   38.     Electrical workers
   39.     Apprentices deemed to be licensed
   40.     Licensing of electrical workers
   41.     Disciplinary action

           Division 3-Electrical installation work

   41A.    Responsible person
   41B.    Supervisor deemed to carry out certain work
   42.     Implied conditions relating to electrical installation work
   43.     Safety of electrical installations
   44.     Compliance and testing of electrical installation work
   45.     Inspection of electrical installation work
   45A.    Certificates of electrical safety
   45AB.   Enforcement officer may require rectification of
           non-compliant electrical installation work
   45B.    Supply of certificate forms

           Division 4-Installation of electric lines on public land

   46.     Regulation of installation
   47.     Exemption
   48.     Division not to affect operation of other requirements
   49.     Transitional

   PART 4-ELECTRICAL EQUIPMENT

   50.     Equipment Advisory Committee
   51.     Function of Committee
   52.     Terms and conditions of appointment of members
   53.     Procedure of Committee
   54.     Standards of electrical equipment
   55.     Certification of compliance of electrical equipment
   56.     Repealed
   57.     Prescribed electrical equipment
   58.     Approval of equipment
   59.     Re-examination
   60.     Modifications after approval
   61.     Approval of samples
   62.     Withdrawal of approval
   63.     Prohibition of supply of electrical equipment
   64.     Offence to disobey prohibition
   65.     Recall of electrical equipment
   66.     Offence to fail to comply with requirement

   PART 5-ENERGY EFFICIENCY

   67.     Proclaimed electrical equipment
   68.     Proclaimed electrical equipment not to be supplied unless registered and labelled

   PART 6-RIGHTS OF REVIEW

   69.     Applications to review
           70-74. Repealed

   PART 7-UNDERGROUND ELECTRIC LINES AND OWNERS OR OPERATORS OF COMPLEX ELECTRICAL INSTALLATIONS

   75.     General duties of owners or operators of complex electrical installations and railways
   76.     Underground electric lines
   77.     Underground electric lines-obligations of distribution companies
   78.     Protection of underground electric lines

   PART 8-ELECTRIC LINE CLEARANCE

           Division 1-General

   79.     Urban area
   80.     Fire hazard rating
   81.     Declared area in urban area
   82.     Operation of Part
   83.     Point of supply

           Division 1A-Bushfire mitigation

   83A.    Bushfire mitigation plans
   83B.    Inspection of private overhead lines

           Division 2-Responsibility for maintenance of lines

   84.     Requirement to maintain line
   85.     Exercise of powers with respect to lines
   86.     Failure to maintain lines

           Division 3-Electric Line Clearance Consultative Committee

   87.     Constitution of Committee
   88.     Functions of the Committee
   89.     Procedure for Code
   90.     Offences against Code

   PART 9-CATHODIC PROTECTION AND MITIGATION OF STRAY CURRENT CORROSION

   91.     Victorian Electrolysis Committee
   92.     Functions of the Committee
   93.     Operation of cathodic protection systems
   93A.    Evidentiary provision-operation of cathodic protection
           systems
   94.     Railway operator-duty in relation to stray electrical current leakage
   95.     Mitigation systems
   96.     Directions of Energy Safe Victoria
   97.     Costs in relation to mitigation systems

   PART 10-ELECTRICITY SAFETY MANAGEMENT

           Division 1-General duty of major electricity companies

   98.     General duty of major electricity companies

           Division 2-Mandatory electricity safety management schemes (major electricity companies)

   99.     Electricity safety management scheme
   100.    Validation of electricity safety management scheme for a supply network
   101.    Additional information
   102.    Acceptance of electricity safety management scheme
   103.    Provisional acceptance of electricity safety management
           scheme
   104.    Non-acceptance of electricity safety management scheme
   105.    Energy Safe Victoria may determine electricity safety management scheme
   106.    Compliance with electricity safety management scheme
   107.    Revision of electricity safety management scheme-change
   108.    Revision of electricity safety management scheme-each
           5 years
   109.    Energy Safe Victoria may request submission of a revised electricity safety management scheme
   110.    Offence to fail to submit revised electricity safety management scheme on request
   111.    Application of provisions to revised electricity safety management scheme
   112.    Exemption from regulations
   113.    Compliance with electricity safety management scheme is a defence

           Division 3-Voluntary electricity safety management schemes

   114.    Electricity safety management scheme for employers of electrical workers
   115.    Electricity safety management scheme for specified premises
   116.    Electricity safety management scheme for owner of complex electrical installation
   117.    Exemption from certain provisions of Act or regulations
   118.    Compliance with electricity safety management scheme
   119.    Revision of voluntary electricity safety management scheme-each 5 years
   120.    Revision of voluntary electricity safety management scheme-change
   120A.   Energy Safe Victoria may request submission of revised electricity safety management scheme
   120B.   Compliance with request
   120C.   Lapsing of electricity safety management scheme
   120D.   Duty of employer of electrical workers
   120E.   Duty of occupier of specified premises
   120F.   Duty of owner of complex electrical installation
   120G.   Compliance with electricity safety management scheme is a defence

           Division 4-Other matters

   120H.   Compliance audits-independent audits
   120I.   Compliance audits-Energy Safe Victoria
   120J.   Annual fees

   PART 11-ENFORCEMENT OFFICERS AND POWERS

           Division 1-Appointment of enforcement officers

   121.    Enforcement officers

           Division 2-Powers of entry-general

   122.    Powers of entry-compliance
   123.    Occupier to be given copy of consent
   124.    Emergency access
   125.    Powers on entry
   126.    Return of things seized
   127.    Magistrates' Court may extend period
   128.    Entry to be reported to Energy Safe Victoria

           Division 3-Powers of entry-enforcement

   129.    Powers of entry-enforcement
   130.    Occupier to be given copy of consent
   131.    Search warrant
   132.    Announcement before entry
   133.    Copy of warrant to be given to occupier

           Division 4-General

   134.    Power of enforcement officer to require information or documents
   135.    Offence to give false information to enforcement officer
   136.    Copying of documents
   137.    Protection against self-incrimination
   138.    Offence to obstruct enforcement officer
   139.    Police to assist enforcement officers
   140.    Impersonation of enforcement officer

   PART 11A-INFRINGEMENT NOTICES

   140A.   Definition
   140B.   Power to serve a notice
   140C.   Repealed
   140D.   Infringement penalties
           140E-140J. Repealed

   PART 12-GENERAL

           Division 1-Directions

   141.    Director may give directions
   141A.   Additional powers in emergencies
   141B.   Delegation by Director

           Division 2-Reporting of serious electrical incidents

   142.    Notification of serious electrical incidents

           Division 3-Improvement notices

   143.    Enforcement officer may issue improvement notice
   144.    Offence not to comply with improvement notice
   145.    Notices may include directions

           Division 4-Other matters

   145A.   Offences under Part 8.
   146.    Offences by bodies corporate
   147.    Offences by partnerships or unincorporated associations
   148.    False or misleading information

   PART 13-REGULATIONS

   149.    Supply safety
   149A.   Repealed
   150.    Safety management schemes
   151.    Electric line clearance
   152.    Installation safety
   153.    Equipment safety
   154.    Equipment efficiency regulations
   155.    Cathodic protection and stray current corrosion regulations
   156.    Electrical contractors and electrical workers
   157.    General regulation making powers
   158.    Disallowance of regulations

   PART 14-TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

   159.    Repealed
   160.    Transitional provisions-electrical contractors and
           mechanics
   161.    Transitional provision-electrical equipment
   162.    Transitional provision-urban area
   162A.   Making of certain statutory rules
   163.    Transitional provisions-abolition of the Electrical Appeals Board
   164.    Transitional provisions-Electricity Safety Amendment Act 2007.
           165-170. Repealed
           __________________
           SCHEDULE 1-Transitional Provisions
           1. Definitions
           2. Abolition of the Electrical Appeals Board
           3. Pending proceedings
           4. Determinations or orders made by Board
           5. Power to resolve transitional difficulties
           6. Transfer of registers
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details


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