ELECTRICITY ACT 1945 - SECT 32

ELECTRICITY ACT 1945 - SECT 32

32 .         Regulations

        (1)         The Governor may make any regulations not inconsistent with the provisions of this Act which may be necessary or convenient for carrying this Act into operation or for facilitating the operation of this Act, and, without in any way limiting or restricting the generality of this section, may make regulations particularly in respect of the following, namely —

            (a)         the limit within which and the conditions under which a supply of electricity by a supply authority shall be compulsory or permissive; and

            (b)         securing a regular and sufficient supply of electricity by supply authorities; and

            (c)         securing the safety of the public from personal injury and the property of the public from damage by fire or otherwise; and

            (d)         subject to existing contracts the limitation of the prices which may be charged by supply authorities in respect of the supply of electricity and the rent and sale of service apparatus and electric fittings; and

            (e)         authorising inspection and inquiry; and

            (f)         the examination, qualifications and licensing of electrical workers, radio workers and contractors or of special classes of electrical workers and contractors (including cinematograph operators who operate plants electrically supplied with a pressure of not less than 100 volts); and

        [(g)         deleted]

            (h)         for the prevention of radio interference, authorising inspection of any premises in any part of the State from which radio interference is or is suspected of being caused; and

        [(i)         deleted]

            (j)         prescribing standards for electrical wires and cables and for the materials used in the manufacture of electrical appliances, fittings and things used in connection with any supply of electricity; and

            (k)         prescribing the fees which may be charged for any services performed or rendered by the Director or by any officer, inspector or other authority pursuant to this Act or the regulations made thereunder; and

            (l)         prescribing the form and basis of charging for electricity by a supply authority, and the methods to be adopted in fixing such charges, and prescribing times for revising the same; and

            (m)         prohibiting interference by unauthorised persons with any electric work, service apparatus, electric fitting or other electrical installation; and

            (n)         conferring upon a network operator power to refuse or discontinue the supply of electricity where under the conditions existing such supply may be dangerous to life, health or property, and regulating the exercise of such power by the network operator; and

            (o)         requiring the periodical inspection by a network operator for all its electric works installed in, on, over or under any street, or any public or private building or premises; and

            (p)         the safety of persons employed in or about generating stations or in the construction or installation of electric works; and

            (q)         prescribing standards for the voltages to be maintained by network operators at that position on the premises of a consumer at which the main switch is situated; and prescribing standards and rules for the construction or installation of electric works, service apparatus, electric fittings and other electrical installations; and

            (r)         generally, in connection with the supply of electricity by a network operator; and

            (s)         imposing penalties for any offence committed against a regulation made under this section —

                  (i)         in the case of an individual, of $50 000; and

                  (ii)         in the case of a body corporate, of $250 000.

        (2)         Such regulations may be restricted to any part of the State or, except where the context of subsection (1) specifically requires, may be of general application throughout the State and apply generally to and incidental to the generation and use of electricity throughout the State.

        (3)         Without prejudice to the generality of subsection (1) or subsection (2), such regulations may —

            (a)         provide for the establishment, functions and conduct of a Board or Boards appointed by the Minister and subject to the directions of, the Director for the purposes of administering, pursuant to the powers respectively set out in the regulations relating thereto, schemes for —

                  (i)         the regulation of electrical work, and the licensing of persons as electrical workers;

                  (ii)         the regulation of the practice of cinematograph operating, and the licensing of persons as cinematograph operators;

                  (iii)         the regulation of electrical contracting, and the licensing of persons as electrical contractors;

        [(iiia)         deleted]

                  (iv)         the regulation of such other trades or practices relating to electricity, and the licensing of persons in relation thereto, as may be prescribed;

                and

            (b)         provide that the carrying out of prescribed kinds of electrical work, or the doing of any prescribed act or thing in relation to electricity or electrical work, shall be prohibited unless carried out or done pursuant to a licence, permit or authorisation under this Act and in accordance with the regulations and any conditions imposed thereby or by the relevant licence, permit or authorisation; and

            (c)         prohibit persons from employing or permitting other persons to carry out work or do any act or thing in contravention of the regulations, and provide for the registration of employees engaged in work of a kind to which the regulations apply; and

            (d)         provide for the conduct of examinations for, and the classification, issue, suspension, cancellation, or surrender of, differing kinds of licences, permits or authorisations and for their duration and renewal or the grounds upon which renewal may be refused; and

            (e)         authorise the Director to delegate his or her powers to a Board, and the exercise by the Board of such powers as are so delegated or as are prescribed including the issue of licences, permits and authorisations, and the conduct of proceedings, in the name of the Board, and provide for the control or supervision of all such Boards by the Director; and

            (f)         establish systems of inspection, inquiry, and supervision, (including the appointment of persons as inspectors and specifying their duties and powers), and provide for the Director to exercise disciplinary powers in respect of certain matters and specify disciplinary penalties, other than the suspension or cancellation of a licence, permit, or authorisation, that the Director may impose; and

            (faa)         regulate the making of allegations in respect of disciplinary matters by the Director to the State Administrative Tribunal and specify the penalties that may be imposed and disciplinary action, including suspending or cancelling a licence, permit or authorisation, that may be taken by the State Administrative Tribunal in dealing with an allegation; and

            (fa)         contain such provisions of a savings and transitional nature as are necessary or convenient for the purposes of dealing with matters that are incidental to or consequential on an amendment to any regulations made under this section and for adjustments to any fees and charges payable under the regulations; and

            (g)         create offences, and provide for the payment, enforcement and recovery of penalties, fees and charges; and

            (h)         adopt, by reference to the text as from time to time amended and for the time being in force, unless a particular text is specified at the time of such adoption, —

                  (i)         such rules, regulations, codes, instructions or other subordinate legislation made, determined or issued under any other Act, or under any Act of the Parliament of the Commonwealth or of the Parliament of the United Kingdom; or

                  (ii)         such standards, rules, codes or specifications issued by Standards Australia, the British Standards Institution, or other specified body,

                either wholly or in part or with modifications, as are specified; and

                  (i)         provide that where by reason of unavailability of materials or other reason that the Director considers valid any requirement imposed by the Director cannot be conformed to, the Director may dispense with that requirement and in lieu authorise in writing in any particular case the use of materials or any other matters which he or she considers to be appropriate; and

            (j)         provide that, in a specified case or a specified class of case, whether on specified conditions or unconditionally, a person or thing or a class of persons or things, may be exempted from the provisions of those regulations either wholly or to such extent as is specified; and

            (k)         require a matter affected by them to be in accordance with a specified standard, specification or requirement or to be as approved by, or to the satisfaction of, a specified person or body or a specified class of person or body, or so as to confer on a specified person or body or a specified class of person or body a discretionary authority.

        (3A)         Regulations made under subsection (3)(f) and (faa) may allow for penalties to be imposed on, and disciplinary proceedings or action to be taken against, a person who formerly held a licence, permit or authorisation.

        (4)         In this section, specified means specified in the regulation in relation to which the term is used.

        [Section 32 amended: No. 72 of 1953 s. 3; No. 113 of 1965 s. 8; No. 86 of 1979 s. 8; No. 42 of 1988 s. 5; No. 89 of 1994 s. 75 and 81; No. 14 of 1996 s. 4; No. 63 of 1996 s. 21; No. 24 of 2000 s. 14(13); No. 74 of 2003 s. 48(2); No. 33 of 2004 s. 15; No. 55 of 2004 s. 273; No. 28 of 2006 s. 165; No. 5 of 2007 s. 5; No. 8 of 2009 s. 49; No. 7 of 2022 s. 21.]