ELECTRICITY SAFETY ACT 1998
ELECTRICITY SAFETY ACT 1998
TABLE OF PROVISIONS 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 7A. Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases 8. Funding 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 43A. Safety of electrical installations—building work 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 Division 1--Preliminary 50. Definitions 51. Minister may declare corresponding law 52. No double jeopardy 53. Declaration of electrical equipment to not be in‑scope electrical equipment 54. Standards for electrical equipment that is not in‑scope electrical equipment 55. Declaration of electrical equipment to be controlled electrical equipment Division 2--Certificate of suitability 56. Meaning of certificate of suitability 57. Application for certificate of suitability of electrical equipment 58. Consideration of application for certificate of suitability 59. Term of certificate of suitability 60. Variation of certificate of suitability 61. Suspension of certificate of suitability 62. Cancellation of certificate of suitability 62A. Certificate of suitability issued by regulatory authority or an external certifier taken to be issued by Energy Safe Victoria 62B. Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria Division 3--Certificate of conformity 62C. Meaning of certificate of conformity 62D. Application for certificate of conformity 62E. Consideration of application for a certificate of conformity 62F. Term of certificate of conformity 62G. Variation of certificate of conformity 62H. Re-examination 62I. Suspension of certificate of conformity 62J. Modifications after issue of certificate of conformity 62K. Cancellation of certificate of conformity 62L. Certificate of conformity issued by regulatory authority or an external certifier—taken to be issued by Energy Safe Victoria 62M. Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria Division 4--Registration of responsible supplier 62N. Responsible supplier in Victoria registered in the Register 62O. Recording, amendment or removal of a matter on the Register 62P. Application for exemption of registered responsible supplier or in-scope electrical equipment 62Q. Exemption for registered responsible supplier or in‑scope electrical equipment 62R. Grounds for cancellation of registration of responsible supplier 62S. Grounds for cancellation of registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment 62T. Show cause notice 62U. Cancellation of registration by Energy Safe Victoria 62V. Evidence of registration and registered matters Division 5--Alternative mark to regulatory compliance mark 62W. Approval of alternative mark to regulatory compliance mark Division 6--Prohibition of supply and recall of electrical equipment 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 Division 7--Offences 67. Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment 67A. Offence—supply level 1 in-scope electrical equipment 67B. Offence—documentary evidence level 1 in-scope electrical equipment 67C. Offence—documentary evidence level 2 in-scope electrical equipment 67D. Offence—documentary evidence level 3 in-scope electrical equipment 67E. Offence for holder of suspended certificate to supply or offer in-scope electrical equipment 67F. Offence to sell unregistered in-scope electrical equipment 67G. Offence for person other than responsible supplier to supply or offer in-scope electrical equipment 67H. Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked 67I. Offence to mark in-scope electrical equipment that does not satisfy relevant standard 67J. Offence for person to offer in-scope electrical equipment for hire 67K. Offence to supply second-hand equipment that is in‑scope electrical equipment to another person PART 5--ENERGY EFFICIENCY 68. Prescribed electrical equipment not to be supplied unless registered and labelled 68A. Exemptions from energy efficiency PART 6--RIGHTS OF REVIEW 69. Applications to review PART 7--UNDERGROUND ELECTRIC LINES AND OWNERS OR OPERATORS OFCOMPLEX 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--BUSHFIRE MITIGATION REQUIREMENTS FORCERTAIN OPERATORS AND 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 requirements for certain operators of at-risk electric lines 83A. Definitions 83B. General duty of specified operators to minimise bushfire danger 83BA. Submission of bushfire mitigation plans for acceptance 83BB. Compliance with bushfire mitigation plan 83BC. Validation of bushfire mitigation plans 83BD. Additional information 83BE. Acceptance of bushfire mitigation plan 83BF. Provisional acceptance of bushfire mitigation plan 83BG. Non-acceptance of bushfire mitigation plan 83BH. Energy Safe Victoria may determine bushfire mitigation plan 83BI. Duration of accepted bushfire mitigation plan 83BJ. Compliance audits for accepted bushfire mitigation plans—independent audits 83BK. Compliance audits—Energy Safe Victoria Division 2--Responsibility for maintenance of lines 84. Requirement to keep trees clear of electric lines—distribution companies 84A. Requirement to maintain line—occupiers of land with private or low voltage electric lines 84B. Requirement to keep trees clear of private electric lines—occupiers of contiguous land 84C. Requirement to keep trees clear of electric lines—Councils 84D. Requirement to keep trees clear of electric lines—other persons 85. Exercise of powers with respect to lines 86. Failure to maintain lines 86A. Energy Safe Victoria may give directions for restriction or prevention of tree growth Division 2A--Electric lines and municipal emergency management plans 86B. Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines Division 3--Electric Line Clearance Consultative Committee 87. Constitution of Committee 88. Functions of the Committee 88A. Committee to consider reliability and security of electricity supply 89. Procedure for Code 90. Offences against Code Division 4--Compliance audits in relation to compliance with the Code 90A. Compliance audits in relation to compliance with Code—Energy Safe Victoria 90B. Compliance audits in relation to compliance with Code—independent audits Division 5--Compliance audits in relation to compliance with the management plan 90C. Application 90D. Compliance audits for management plans—Energy Safe Victoria 90E. Compliance audits for management plans—independent audits 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. Revisions that do not relate to bushfire mitigation 113. Compliance with electricity safety management scheme is a defence Division 2A--Ongoing bushfire mitigation plan requirements for major electricity companies 113A. Submission of bushfire mitigation plans for acceptance 113B. Compliance with bushfire mitigation plan 113C. Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 113D. Accepted bushfire mitigation plan forms part of accepted ESMS 113E. Revisions that only relate to bushfire mitigation 113F. Inspection of overhead private electric lines 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 120GA. Accepted ESMS does not authorise certain electrical linework 120H. Compliance audits—independent audits 120I. Compliance audits—Energy Safe Victoria 120J. Annual fees PART 10A--ADDITIONAL BUSHFIRE MITIGATIONREQUIREMENTS FOR MAJOR ELECTRICITY COMPANIES Division 1--Preliminary 120K. Definitions 120L. Meaning of complying substation Division 2--Additional bushfire mitigation duties 120M. Polyphase electric lines with required capacity 120N. Covering or placing underground electric lines 120O. Installation of Automatic Circuit Recloser for SWER lines 120P. Annual compliance reports 120Q. Independent audits Division 3--Enforcement of additional bushfire mitigation duties 120R. Proceedings 120S. Criminal proceedings do not lie 120T. Proceedings for contravention of civil penalty provisions 120U. Pecuniary penalties to be paid into the Consolidated Fund 120V. Declaratory relief Division 4--Miscellaneous 120W. Exemptions 120X. Specification of later dates and periods for compliance with civil penalty provisions 120Y. Information notices 120Z. Audit by Energy Safe Victoria 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 acknowledgement 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 140D. Infringement penalties PART 12--GENERAL Division 1--Directions 141. Chairperson of Energy Safe Victoria may give directions 141A. Additional powers in emergencies 141AB. Information notices 141AC. Chairperson of Energy Safe Victoria may give directions to preserve, retain or store 141B. Delegation by Chairperson of Energy Safe Victoria 141C. Notification to Minister 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 148A. Period within which proceedings for offences may be brought PART 13--REGULATIONS 149. Supply safety 149A. Reliability and security of electricity supply 150. Safety management schemes 151. Electric line clearance 151A. Bushfire mitigation 152. Installation safety 153. Electrical equipment 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 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. Savings provision—proclaimed electrical equipment 166. Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 167. Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018 168. Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected 169. Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers SCHEDULE 1 ENDNOTES