Victorian Consolidated Legislation

Electricity Safety Act 1998 - SECT 65

Recall of electrical equipment

65. Recall of electrical equipment



(1) Energy Safe Victoria may make a requirement under this section only if it
appears to Energy Safe Victoria that-

   (a)  particular electrical equipment, or a particular class of electrical
        equipment, is, or 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

   (ii) to render safe the use of that equipment or equipment of that class.

(2) Energy Safe Victoria, by notice in writing served on a person whose
business is or includes the supply of electrical equipment and who has
supplied the electrical equipment or other equipment of the same class, may
require the person to take, within the period specified in the notice, the
action specified in the notice.





(3) The action specified in the notice may consist of 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 supplied;

   (b)  placing an advertisement requesting 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 class safe to use or
        rendering safe the use of that equipment in the manner specified in
        the notice.

(3A) An advertisement referred to in subsection (3)(b) must be-

   (a)  in a form approved by Energy Safe Victoria; and

   (b)  placed in a newspaper or newspapers-

   (i)  specified by Energy Safe Victoria; and

   (ii) for a period or periods specified by Energy Safe Victoria.

(4) Energy Safe Victoria may alter or revoke a requirement under this section
by notice given to the person of whom the requirement was made.



(5) 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.