Victorian Consolidated Legislation

Electricity Safety Act 1998 - SECT 63

Prohibition of supply of electrical equipment

63. Prohibition of supply of electrical equipment



(1) Energy Safe Victoria, by notice published in the 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 Government Gazette or from
such later date as is specified in that notice.

(2) Energy Safe Victoria, by notice in writing given to a person, may prohibit
that person from supplying specified electrical equipment or electrical
equipment of a specified class from the date of the notice or such later date
as is specified in the notice.

(3) Energy Safe Victoria may exercise a power of prohibition under this
section only if it appears to Energy Safe Victoria that-

   (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 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.

(4) Energy Safe Victoria may withdraw a prohibition made under subsection (1)
by notice published in the Government Gazette and in a newspaper circulating
generally in the State.

(5) Energy Safe Victoria may withdraw a prohibition made under subsection (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

   (b)  approved by Energy Safe Victoria; or





   (c)  certified by Energy Safe Victoria; 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 method or prescribed
        process.