ELECTRICITY SAFETY ACT 1998 - SECT 45AB Enforcement officer may require rectification of non‑compliant electrical installation work

ELECTRICITY SAFETY ACT 1998 - SECT 45AB

    (1)     This section applies if an enforcement officer is of the opinion that particular electrical installation work is in breach of any provision of this Act or the regulations applying to that work.

    (2)     The enforcement officer may give the person who is responsible for the carrying out of electrical installation work a written rectification notice requiring the person to rectify the work to make it comply with the provision of this Act or the regulations that the work does not comply with within the reasonable time specified by the enforcement officer.

    (3)     If a certificate of electrical safety was given in respect of electrical installation work, the person who was responsible for the carrying out of the electrical installation work, and who ensured that the certificate was completed and given under section 45A, must—

        (a)     ensure that a new certificate of electrical safety is completed and given under that section in respect of the rectified work;

and

        (b)     give the enforcement officer a copy of that new certificate within a reasonable time specified by the enforcement officer.

    (4)     A person—

        (a)     must comply with any requirement made by an enforcement officer in a rectification notice; and

        (b)     must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice.

Penalty:     In the case of a natural person, 50 penalty units;

In the case of a body corporate, 250 penalty units.

    (5)     The enforcement officer must make it clear in a rectification notice in what way the work that needs rectification is non-compliant.

    (6)     If a person applies to the Tribunal under section 69 to have the decision to give a rectification notice reviewed, he or she need not comply with the notice until he or she abandons the application or receives written notice that the Tribunal has affirmed the rectification notice or dismissed the application.

    (7)     For the purposes of subsection (6), if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person.

    (8)     If an enforcement officer gives a rectification notice to a person before the person ensures the completion of, and gives, a certificate of electrical safety in accordance with section 45A in respect of electrical installation work, the person must still ensure that a certificate of electrical safety is completed and given in accordance with that section once the rectification work has been completed.

    (9)     A certificate of electrical safety completed and given as required by subsection (8) must be completed in respect of both the original electrical installation work and the rectified electrical installation work.

    (10)     The enforcement officer must give a copy of the rectification notice to the person on whose behalf the electrical installation work was carried out.

S. 45B inserted by No. 89/1998 s. 11.