Queensland
Electrical Safety Act 2002
Electrical Safety Regulation
2013
Current as at 1 July 2016
                                        Queensland
Electrical Safety Regulation 2013
Contents
                                                                                                                 Page
Part 1       Preliminary
1            Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     15
2            Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                15
3            Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        15
4            How purposes are to be achieved . . . . . . . . . . . . . . . . . . . . . . . .                       15
5            Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       16
6            References to standards and other documents . . . . . . . . . . . . .                                 17
7            Meaning of qualified business person and qualified technical person 17
8            Provisions linked to electrical safety duties in Act . . . . . . . . . . . .                          19
9            Application of this regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . .                20
10           Assessment of risk in relation to a class of hazards, tasks, circumstances
             or things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 2       General risk management
11           Risk management . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .               20
Part 3       Electrical work
Division 1   Electrical work on energised electrical equipment
12           Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           21
13           Persons conducting a business or undertaking to which this division
             applies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
14           Electrical work on energised electrical equipment is prohibited .                                     21
15           Duty to determine whether equipment is energised . . . . . . . . . .                                  21
16           De-energised equipment must not be inadvertently re-energised                                         22
17           Licensed electrical worker to take precautions to prevent de-energised
             equipment from being inadvertently re-energised . . . . . . . . . . . . 22
18           Electrical work on energised electrical equipment permitted in particular
             circumstances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
19           Preliminary steps . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           24
20           Unauthorised access to equipment being worked on . . . . . . . . .                                    26
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Contents
21                Contact with equipment being worked on . . . . . . . . . . . . . . . . . .                     26
22                How work is to be carried out . . . . . . . . . . . . . . . . . . . . . . . . . . .            26
23                Record keeping . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     27
Division 2        High voltage live line work
24                Performance of high voltage live line work . . . . . . . . . . . . . . . . .                   29
Division 3        Testing of work
25                Testing of electrical equipment after electrical work . . . . . . . . . .                      30
26                Certificate of testing and safety . . . . . . . . . . . . . . . . . . . . . . . . . .          32
Division 4        Other requirements
27                Electrical equipment with serious defect not to be connected to electricity
                  source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
28                Rescue and resuscitation training . . . . . . . . . . . . . . . . . . . . . . . .              33
Division 5        Documents about electrical work
29                Application of div 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     33
30                Who may sign documents about electrical work . . . . . . . . . . . . .                         33
Division 6        General provisions
31                Misrepresentations about electrical equipment or work . . . . . . .                            34
32                Misrepresentations about lawful authority to contract for the performance
                  of electrical work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 4            Licensing
Division 1        Electrical work licences
33                Classes of electrical work licences . . . . . . . . . . . . . . . . . . . . . . .              35
34                This division does not authorise contravention of conditions or
                  restrictions on licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      35
35                What electrical mechanic licence authorises . . . . . . . . . . . . . . . .                    36
36                What electrical linesperson licence authorises . . . . . . . . . . . . . .                     36
37                What electrical fitter licence authorises . . . . . . . . . . . . . . . . . . . .              36
38                What electrical jointer licence authorises . . . . . . . . . . . . . . . . . .                 36
39                What restricted electrical work licence authorises . . . . . . . . . . . .                     37
40                What electrical work training permit authorises . . . . . . . . . . . . . .                    37
41                External licence equivalents . . . . . . . . . . . . . . . . . . . . . . . . . . . .           37
Division 2        Electrical work licence requirements
42                General requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         38
43                Eligibility requirements for electrical mechanic licence, electrical
                  linesperson licence, electrical fitter licence and electrical jointer licence
                    ..................................................                                           39
44                Eligibility requirements for restricted electrical work licence . . . .                        42
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45           Eligibility requirements for electrical work training permit . . . . . .                            45
46           Term of electrical work licence . . . . . . . . . . . . . . . . . . . . . . . . . .                 46
Division 3   Electrical contractor licence requirements
47           Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          46
48           Eligibility requirements for electrical contractor licence . . . . . . . .                          47
49           Removal of endorsement from electrical contractor licence . . . .                                   47
50           Automatic suspension and cancellation of electrical contractor licence
               ..................................................                                                48
51           Insurance requirements for applicant for electrical contractor licence 49
52           Change of name of corporation or partnership . . . . . . . . . . . . . .                            49
53           Change in membership of partnership . . . . . . . . . . . . . . . . . . . .                         50
54           Term of electrical contractor licence . . . . . . . . . . . . . . . . . . . . . .                   51
Division 4   Miscellaneous
55           Eligibility requirements for renewal or reinstatement of electrical licence
               ..................................................                                                52
56           Application requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              53
57           Giving regulator cancelled or suspended licence or licence to be
             endorsed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      53
58           Replacement of electrical licence . . . . . . . . . . . . . . . . . . . . . . . .                   54
59           Surrender of electrical licence . . . . . . . . . . . . . . . . . . . . . . . . . . .               54
60           Register of electrical licences . . . . . . . . . . . . . . . . . . . . . . . . . . .               54
61           Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        55
62           Approved examiners . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              56
63           Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        56
64           Operation of trade contractor’s licence . . . . . . . . . . . . . . . . . . . .                     56
65           Advertising by licensed electrical contractor . . . . . . . . . . . . . . . .                       57
66           Performing electrical work without electrical licence . . . . . . . . . .                           57
67           Details to be included in register of workers . . . . . . . . . . . . . . . .                       58
Part 5       Overhead and underground electric lines
68           Duty of person conducting a business or undertaking . . . . . . . .                                 59
69           Meaning of unsafe distance for persons, operating plant and vehicles for
             overhead electric lines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
Part 6       Electrical installations
Division 1   Performing electrical work
70           Licensed electrical worker to comply with wiring rules . . . . . . . .                              60
71           Person conducting a business or undertaking to ensure electrical
             installation complies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           61
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72                Work involving water equipment . . . . . . . . . . . . . . . . . . . . . . . . .                   61
73                Work involving electric motor forming part of vehicle . . . . . . . . .                            62
Division 2        Defects and earthing
74                Requirement on person in control to fix defect . . . . . . . . . . . . . .                         63
75                Earthing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   63
Division 3        Electric lines
76                Service line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     64
77                Structure supporting electric line or equipment to comply with wiring rules
                    ..................................................                                               64
78                Duty to preserve insulation of electric line . . . . . . . . . . . . . . . . . .                   65
79                Trimming of trees near overhead electric line . . . . . . . . . . . . . . .                        65
80                Duty to ensure safety of disconnected overhead electric line . . .                                 66
Division 4        Installation of approved safety switches in domestic residences
81                Definitions for div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        66
82                Notice to transferee about approved safety switch . . . . . . . . . . .                            68
83                Notice to regulator about approved safety switch and other matters                                 68
84                Installation of approved safety switch in particular residences . .                                69
85                Installation of approved safety switch if residential tenancy agreement
                  entered into or to be entered into . . . . . . . . . . . . . . . . . . . . . . . . 70
86                Performing electrical installation work for domestic residences .                                  71
Division 5        Installation of ceiling insulation
Subdivision 1     All ceiling insulation
87                Application of sdiv 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          72
88                Metal or other conductive fasteners not to be used to install ceiling
                  insulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   72
89                Installation must comply with wiring rules, cl 4.5.2.3 . . . . . . . . . .                         73
90                Training for assessment of electrical risk . . . . . . . . . . . . . . . . . .                     73
91                Assessment of electrical risk . . . . . . . . . . . . . . . . . . . . . . . . . . . .              73
Subdivision 2     Electrically conductive ceiling insulation
92                Definitions for sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         74
93                Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          74
94                Requirement for electrical safety inspection and test . . . . . . . . .                            75
95                Requirement for approved safety switch or permanent marking for
                  electrical circuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      75
96                Installation requirements for non-capable circuits . . . . . . . . . . . .                         76
Division 6        Workplace electrical installations
Subdivision 1     Preliminary
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97              Definitions for div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       77
98              Meaning of electrical equipment and electrical installation for div 6                             81
99              Meaning of rural industry work . . . . . . . . . . . . . . . . . . . . . . . . . .                81
Subdivision 2   All work
100             Application of sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         82
101             Unsafe electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . .               82
102             Cord extension sets and flexible cables . . . . . . . . . . . . . . . . . . .                     83
Subdivision 3   Construction work
103             Application of sdiv 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         83
104             Requirements for construction wiring and electrical equipment .                                   83
Subdivision 4   Manufacturing work
105             Application of sdiv 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         85
106             Double adaptors and piggyback plugs prohibited . . . . . . . . . . . .                            85
107             Specified electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . .              85
108             Manufacturing work—safety switch . . . . . . . . . . . . . . . . . . . . . . .                    87
109             Exemption for safety switches . . . . . . . . . . . . . . . . . . . . . . . . . . .               88
110             Safety switches, including portable safety switches . . . . . . . . . .                           88
Subdivision 5   Service work or office work
111             Application of sdiv 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         89
112             Specified electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . .              90
113             Safety switches, including portable safety switches . . . . . . . . . .                           91
Subdivision 6   Amusement work
114             Application of sdiv 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         92
115             Double adaptors and piggyback plugs prohibited . . . . . . . . . . . .                            92
116             Specified electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . .              92
117             Amusement devices and amusement rides . . . . . . . . . . . . . . . .                             93
118             Safety switches, including portable safety switches . . . . . . . . . .                           95
Subdivision 7   Rural industry work
119             Application of sdiv 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         96
120             Requirements for rural industry work . . . . . . . . . . . . . . . . . . . . .                    96
Part 7          In-scope electrical equipment
Division 1      Preliminary
121             Application of pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       98
122             Definitions for pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      98
123             Registration for particular purposes . . . . . . . . . . . . . . . . . . . . . .                 100
124             Component is not a separate item . . . . . . . . . . . . . . . . . . . . . . .                   101
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125               Meanings of level 1, level 2 and level 3 in-scope electrical equipment
                    ..................................................                                             101
126               Meaning of relevant standard for level 1 in-scope electrical equipment
                    ..................................................                                             102
127               Meaning of relevant standard for level 2 or 3 in-scope electrical
                  equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    102
Division 2        Registration of responsible suppliers and levels 2 and 3 in-scope
                  electrical equipment
Subdivision 1     Registration of responsible suppliers
128               Responsible supplier may register . . . . . . . . . . . . . . . . . . . . . . .                  103
129               Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       104
130               Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          104
131               Responsible supplier must ensure details in national register are current
                    ..................................................                                             104
Subdivision 2     Registration of level 2 in-scope electrical equipment
132               Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   105
133               Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       105
134               Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          106
Subdivision 3     Registration of level 3 in-scope electrical equipment
135               Registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   106
136               Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       107
137               Renewal of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          107
Subdivision 4     Acts or omissions
138               Relevant person may be punished only once . . . . . . . . . . . . . . .                          107
Subdivision 5     Cancellation of registration
139               Grounds for cancelling registration of responsible supplier or level 2 or 3
                  in-scope electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
140               Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . .              109
141               Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   109
142               Cancellation at responsible supplier’s request . . . . . . . . . . . . . .                       110
Division 3        Sales of in-scope electrical equipment
143               Sale of level 1 in-scope electrical equipment by responsible supplier
                    ..................................................                                             111
144               Sale of level 2 or 3 in-scope electrical equipment by responsible supplier
                    ..................................................                                             112
145               Sale of in-scope electrical equipment—general . . . . . . . . . . . . .                          113
146               Sale of plug etc. with level 1 or 2 in-scope electrical equipment .                              114
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Division 4      Evidence of compliance with relevant standards
Subdivision 1   Level 1 in-scope electrical equipment
147             Responsible supplier to keep evidence . . . . . . . . . . . . . . . . . . . .                   115
Subdivision 2   Level 2 in-scope electrical equipment
148             Registered responsible supplier must keep compliance folder . .                                 116
Subdivision 3   Level 3 in-scope electrical equipment
149             Registered responsible supplier must keep certificate of conformity 117
Division 5      Effect of reclassification of in-scope electrical equipment
150             Effect of reclassification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .      118
Division 6      Marking of in-scope electrical equipment
151             Responsible supplier must not sell unmarked item of in-scope electrical
                equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
152             Person must not mark in-scope electrical equipment that does not meet
                relevant standard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
153             Mark for use in exceptional circumstances . . . . . . . . . . . . . . . . .                     119
Division 7      Certificates of conformity issued by regulator
Subdivision 1   Applications and terms
154             Application for certificate of conformity . . . . . . . . . . . . . . . . . . . .               120
155             Regulator may issue certificate of conformity . . . . . . . . . . . . . . .                     121
156             Term of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     121
Subdivision 2   Modifications, renewals and transfers
157             Modification of certificate of conformity—change of name or model 121
158             Modification of certificate of conformity—other than a change of name or
                model . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
159             Renewal of certificate of conformity . . . . . . . . . . . . . . . . . . . . . .                123
160             Transfer of certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     124
Subdivision 3   Cancellation
161             Grounds for cancelling certificate of conformity . . . . . . . . . . . . .                      125
162             Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . .             125
163             Cancellation at certificate holder’s request . . . . . . . . . . . . . . . . .                  126
164             Certificate of conformity holder to return certificate if cancelled .                           126
Subdivision 4   Information to be recorded in the national register
165             Information to be recorded in national register . . . . . . . . . . . . . .                     127
Division 8      Recognised external certification schemes—Act, section 48J
Subdivision 1   Preliminary
166             Definitions for div 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     127
Subdivision 2   Applications and terms
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167               Application for regulator’s declaration of scheme . . . . . . . . . . . .                         127
168               Intention to make declaration must be advertised . . . . . . . . . . . .                          128
169               Decision about application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              129
170               Term of declared scheme . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .               129
Subdivision 3     Conditions
171               Regulator may impose conditions on declared scheme . . . . . . .                                  130
172               Condition imposed by regulation . . . . . . . . . . . . . . . . . . . . . . . . .                 130
173               Amendment of conditions imposed by regulator . . . . . . . . . . . . .                            130
174               Acting on regulator’s own initiative—general . . . . . . . . . . . . . . .                        131
175               Acting on regulator’s own initiative—electrical risk . . . . . . . . . . .                        132
Subdivision 4     Cancellation
176               Grounds for cancelling declaration . . . . . . . . . . . . . . . . . . . . . . .                  132
177               Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . .               132
178               Cancellation at declaration holder’s request . . . . . . . . . . . . . . . .                      133
Subdivision 5     Other provisions
179               Reporting requirements for declaration holder . . . . . . . . . . . . . .                         133
180               Declaration holder must comply with equipment safety rules . . .                                  134
Division 9        Regulator may require testing of item of level 1, 2 or 3 in-scope
                  electrical equipment
181               Regulator may require item of in-scope electrical equipment to be
                  submitted . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   134
182               Procedure for obtaining item of in-scope electrical equipment for testing
                    ..................................................                                              134
183               Identification of item of in-scope electrical equipment to be tested                              135
184               Cost of testing and examining and liability for damage . . . . . . . .                            136
Division 10       Return of in-scope electrical equipment given to regulator
185               Return of item of level 2 or 3 in-scope electrical equipment provided to
                  regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136
Division 11       Second-hand in-scope electrical equipment
186               Limitation on offering second-hand in-scope electrical equipment for sale
                    ..................................................                                              138
Division 12       Program for certification of level 1 or 2 in-scope electrical
                  equipment
187               Regulator may establish program for certification . . . . . . . . . . . .                         138
Part 8            Electrical equipment—general
Division 1        Requirement for warning sign for sale of particular electrical
                  equipment
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188          Definition for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     139
189          Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       139
190          Requirement to display DIY warning sign . . . . . . . . . . . . . . . . . .                      140
Division 2   Prohibition on sale of electrical equipment
191          Sale of electrical equipment prohibited . . . . . . . . . . . . . . . . . . . .                  141
192          Regulator may prohibit the sale or use of electrical equipment on safety
             grounds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
Division 3   Labelling and inspection of electrical equipment
193          Labelling faulty portable electrical equipment . . . . . . . . . . . . . . .                     142
Division 4   Hire electrical equipment
194          Hiring electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            143
Part 9       Works of an electricity entity
Division 1   Compliance with part
195          Compliance with this part . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            145
Division 2   Earthing and protection
196          Systems of earthing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        145
197          Connection of high voltage circuit to earth . . . . . . . . . . . . . . . . .                    146
198          Performance and other requirements for works . . . . . . . . . . . . .                           146
199          Insulation of stay wire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        148
200          Protection of earth conductors . . . . . . . . . . . . . . . . . . . . . . . . . .               148
Division 3   Substations
201          Substation requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .            148
Division 4   Electric lines and control cables
202          Application of div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       149
203          Measurement of vertical and horizontal distances . . . . . . . . . . .                           149
204          Electric lines and control cables . . . . . . . . . . . . . . . . . . . . . . . . .              150
205          Clearance from exposed conductive parts and separation of conductors
             in same circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
206          Location of overhead circuit in relation to another overhead circuit                             151
207          Clearance of overhead electric lines from ground . . . . . . . . . . . .                         151
208          Clearance of overhead electric lines from structures . . . . . . . . .                           152
209          Building or adding to structure near electric line . . . . . . . . . . . . .                     152
210          Clearance of stay wires and control cables over road . . . . . . . . .                           153
211          Connection to consumer’s premises . . . . . . . . . . . . . . . . . . . . . .                    153
Division 5   Termination requirements for low voltage overhead service lines
212          Termination of low voltage overhead service line . . . . . . . . . . . .                         154
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Division 6        Service lines generally
213               Fuses and disconnectors for service line . . . . . . . . . . . . . . . . . .                    154
214               Disused service lines to be disconnected . . . . . . . . . . . . . . . . . .                    155
Division 7        Maintenance of works
215               Inspection and maintenance of integrity of insulation . . . . . . . . .                         156
216               Trimming of trees near overhead electric line . . . . . . . . . . . . . . .                     156
Part 10           Electricity supply
Division 1        Connection to source of electricity
217               Electrical installation with serious defect not to be connected to electricity
                  source . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
218               Electrical installation not to be connected to electricity source if work not
                  tested . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
219               Electrical installation not to be initially connected to electricity source
                  without examination and testing . . . . . . . . . . . . . . . . . . . . . . . . . 158
220               Reconnection of electrical installation to electricity source . . . . .                         158
221               High voltage or hazardous area electrical installation not to be connected
                  to electricity source without inspection . . . . . . . . . . . . . . . . . . . . 159
222               Compliance with Act and regulation . . . . . . . . . . . . . . . . . . . . . .                  160
223               Disconnection and reconnection of low voltage electrical installation
                    ..................................................                                            160
Division 2        Private generating plant
224               Generating plant for emergency supply . . . . . . . . . . . . . . . . . . .                     162
225               Generating plant for interconnection to works of electricity entity                             162
Division 3        Testing
226               Notice by licensed electrical contractor of test . . . . . . . . . . . . . .                    163
227               Certificate of testing and compliance . . . . . . . . . . . . . . . . . . . . .                 164
228               Performance of examination or test . . . . . . . . . . . . . . . . . . . . . .                  164
229               Reasons to be given for not connecting to source of electricity after
                  examination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
230               Keeping copy of report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .          165
Division 4        Requests and advice to distribution entities
231               Request to distribution entity for examination of electrical work .                             165
232               Telling distribution entity of need for change to metering . . . . . .                          166
Part 11           Safety management systems
Division 1        Prescribed electricity entities
233               Prescribed electricity entities . . . . . . . . . . . . . . . . . . . . . . . . . . . .         166
Division 2        Requirements for safety management systems
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234          Safety management system requirements . . . . . . . . . . . . . . . . .                            167
Part 12      Accredited auditors
235          Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        169
236          Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       169
237          Term of office as accredited auditor . . . . . . . . . . . . . . . . . . . . . .                   169
Part 13      Cathodic protection systems
Division 1   Preliminary
238          Definitions for pt 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        170
239          Electrical terms apply for direct current . . . . . . . . . . . . . . . . . . . .                  171
240          Exclusion from application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             171
Division 2   Installation and design
241          Installation of cathodic protection system only if preliminary steps taken
               ..................................................                                               171
242          Correct design and installation of cathodic protection system . .                                  172
Division 3   Operating requirements
243          Operation of cathodic protection system only on conditions . . . .                                 172
Division 4   Testing requirements
244          Tests before registration or operation of system . . . . . . . . . . . . .                         173
245          Further tests during period of registration of system . . . . . . . . . .                          174
246          Further tests during operation of system . . . . . . . . . . . . . . . . . . .                     175
247          Further tests of new foreign structure if required by the regulator                                175
248          Records of tests to be kept . . . . . . . . . . . . . . . . . . . . . . . . . . . . .              175
249          Testing by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         176
Division 5   System requirements
250          Electrical limits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    176
251          Maximum potential change . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 177
252          Tolerances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     178
253          Identification of anode groundbed . . . . . . . . . . . . . . . . . . . . . . . .                  178
Division 6   Registration of registrable systems
254          Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   178
255          Application for registration of registrable system . . . . . . . . . . . . .                       179
256          Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .       180
257          Registration of registrable system . . . . . . . . . . . . . . . . . . . . . . . .                 180
258          Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         181
259          Change of name and address . . . . . . . . . . . . . . . . . . . . . . . . . . .                   181
260          Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             181
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261               Taking away or making a registered system inoperable . . . . . . .                                 182
262               Change to registered system to be notified . . . . . . . . . . . . . . . . .                       182
Part 14           Incident notification and reporting
263               Definitions for pt 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        183
264               Meaning of distribution entity for incident or event . . . . . . . . . . .                         183
265               Duty of person conducting a business or undertaking to notify of serious
                  electrical incident or dangerous electrical event . . . . . . . . . . . . . 183
266               Duty of distribution entity to notify of serious electrical incident or
                  dangerous electrical event . . . . . . . . . . . . . . . . . . . . . . . . . . . . .               184
267               Action required by distribution entity on report of electric shock .                               185
268               Report of incident records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .             186
269               Duty to preserve incident or event sites . . . . . . . . . . . . . . . . . . .                     186
270               Storage of electrical equipment after serious electrical incident .                                187
271               Requirement on distribution entity to take action in interests of electrical
                  safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Part 15           Miscellaneous provisions
Division 1        Electrical safety contributions
272               Purpose of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .         188
273               Definitions for div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .        188
274               Fixing electrical safety contribution for each distribution entity for
                  financial year . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     189
275               Payment of electrical safety contribution by instalments . . . . . . .                             189
Division 2        Mines, petroleum plants and prescribed workplaces
276               Application of regulation at mine or petroleum plant . . . . . . . . . .                           189
277               Prescribed workplaces—Act, s 18(2)(d) . . . . . . . . . . . . . . . . . . .                        190
Division 3        Other matters
278               Climbing poles of electricity entity prohibited . . . . . . . . . . . . . . .                      190
279               Duties of person conducting a business or undertaking about supervising
                  training person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
280               Electrical distribution entity may isolate powerlines in emergency                                 192
281               Inspection of entries in registers . . . . . . . . . . . . . . . . . . . . . . . . .               192
282               Provision of information by retailer . . . . . . . . . . . . . . . . . . . . . . .                 193
283               Provision of information by Residential Tenancies Authority . . .                                  193
284               Inspectors’ identity cards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .           194
285               Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   194
Part 16           Repeal and transitional provisions
Division 1        Repeal
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286          Repeal of Electrical Safety Regulation 2002 . . . . . . . . . . . . . . . .                   194
Division 2   Transitional provisions for Electrical Safety Regulation 2013
287          Definitions for div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   195
288          Acts of chief executive under previous provision taken to be acts of
             regulator under corresponding provision . . . . . . . . . . . . . . . . . . . 195
289          Acts of persons other than chief executive under previous provisions
               ..................................................                                          196
290          Applications made before commencement . . . . . . . . . . . . . . . . .                       197
291          Electrical licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   197
292          Obligation to do thing indefinitely or within or for stated period . .                        197
293          Eligibility for electrical jointer licence . . . . . . . . . . . . . . . . . . . . . .        198
294          Eligibility for electrical linesperson licence . . . . . . . . . . . . . . . . .              199
295          Clearances for lines built before 1 January 1995 . . . . . . . . . . . .                      199
296          Termination of low voltage overhead service line built before 1 January
             1995 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199
297          Clearances for lines built between 1 January 1995 and 1 October 2002
               ..................................................                                          200
298          Continued application of obligation to install approved safety switch 200
299          Continuation of approvals taken to be certificates of conformity .                            200
300          Continued application of provisions about marking of in-scope electrical
             equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
301          References to repealed regulation . . . . . . . . . . . . . . . . . . . . . . .               202
Schedule 1   External licences and electrical work licence equivalents . .                                 203
Schedule 2   Exclusion zones for overhead electric lines . . . . . . . . . . . . . .                       206
Part 1       Preliminary
1            Definitions for sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   206
2            Authorised persons and instructed persons taken to be untrained
             persons in particular circumstances . . . . . . . . . . . . . . . . . . . . . .               207
3            Exclusion zones for operating plant fitted with certain safety devices
               ..................................................                                          207
Part 2       Overhead uninsulated electric lines
Division 1   Exclusion zones for untrained persons
Division 2   Exclusion zones for authorised or instructed persons
Part 3       Overhead insulated electric lines
Division 1   Exclusion zones for untrained persons
Division 2   Exclusion zones for authorised or instructed persons
Schedule 3   Information to be included in declarations by responsible suppliers
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Schedule 4        Clearance of overhead electric lines (other than low voltage service
                  lines) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 218
Schedule 5        Clearance of low voltage overhead service lines . . . . . . . . . .                                227
Schedule 6        Prescribed electricity entities . . . . . . . . . . . . . . . . . . . . . . . . .                  230
Schedule 7        Prescribed workplaces . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                231
Schedule 8        Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   233
Schedule 9        Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .     235
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Electrical Safety Regulation 2013
Part 1                       Preliminary
1        Short title
               This regulation may be cited as the Electrical Safety
               Regulation 2013.
2        Commencement
               This regulation commences on 1 January 2014.
3        Purposes
               The purposes of this regulation include the following—
               (a)    ensuring the electrical safety of licensed electrical
                      workers, other workers, licensed electrical contractors,
                      consumers and the general public;
               (b)    enhancing consumer protection for electrical work;
               (c)    stopping cathodic protection systems from damaging or
                      interfering with the property of others;
               (d)    ensuring a safe supply of electricity;
               (e)    ensuring electrical equipment hired or sold is
                      electrically safe.
4        How purposes are to be achieved
               The ways adopted by this regulation for the achievement of its
               purposes include the following—
               (a)    prescribing matters in support of the electrical licensing
                      arrangements established under the Act;
               (b)    prescribing requirements for working around exposed
                      parts and energised electrical equipment;
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               (c)    prescribing requirements for electrical installations;
               (d)    prescribing matters               about         electrical        equipment,
                      including—
                      (i)   requirements for electrical equipment; and
                      (ii) requirements relating to the registration and
                           certification of particular electrical equipment; and
                      (iii) requirements about the hiring, selling, testing and
                            using of electrical equipment; and
                      (iv) requiring particular electrical equipment to be
                           marked for compliance with relevant standards;
                           and
                      (v) requirements            for     the         testing      of    electrical
                          equipment;
               (e)    prescribing requirements and procedures for the design,
                      building and maintenance of electric lines and the works
                      of electricity entities;
               (f)    prescribing requirements for the performance of
                      electrical work;
               (g)    prescribing requirements for safety management
                      systems for prescribed electricity entities;
               (h)    prescribing requirements for the operation of cathodic
                      protection systems and requirements for particular
                      systems to be registered by the regulator;
               (i)    prescribing notification and reporting requirements for
                      serious electrical incidents and dangerous electrical
                      events.
5         Definitions
          (1) The dictionary in schedule 9 defines particular words used in
              this regulation.
          (2) If a word used in this regulation is not defined in the
              dictionary, and is not defined in the Act, but is used in the
              wiring rules, it must, to the greatest practicable extent, be
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               taken to have the same meaning in this regulation as it has in
               the wiring rules.
6        References to standards and other documents
         (1) In this regulation, unless otherwise stated—
               (a)    a reference to a standard using the designation made up
                      of ‘AS’ and a number is a reference to the standard as in
                      force from time to time under that designation; and
                      Example—
                            ‘AS 1319’ is a reference to the standard that is currently in force
                            under that designation.
               (b)    a reference to a joint standard using the designation
                      made up of ‘AS/NZS’ and a number is a reference to the
                      joint standard as in force from time to time under that
                      designation.
                      Example—
                            ‘AS/NZS 3012’ is a reference to the joint standard that is
                            currently in force under that designation.
         (2) Subsection (1) applies regardless of the edition or year of the
             standard or joint standard.
               Example of operation of subsection (2)—
                  In this regulation, a reference to AS/NZS 3000 is a reference to that
                  standard as amended from time to time, and as remade from time to
                  time.
         (3) Bracketed words appearing after a standard’s designation are
             included for information purposes only.
7        Meaning of qualified business person and qualified
         technical person
         (1) A qualified business person, for an applicant or a licensed
             electrical contractor, is an individual who satisfies the
             regulator that he or she—
               (a)    is a fit and proper person; and
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               (b)    is competent to perform the business aspects of
                      performing electrical work as, or for, a licensed
                      electrical contractor; and
               (c)    either—
                      (i)   has satisfactorily finished a course of instruction,
                            or an examination required by the regulator, on
                            business aspects of performing electrical work; or
                      (ii) has been operating a business for a period of, or
                           periods totalling, 5 years.
          (2) A qualified technical person, for an applicant or a licensed
              electrical contractor, is an individual who satisfies the
              regulator that he or she—
               (a)    is a fit and proper person; and
               (b)    either—
                      (i)   if the electrical work to be performed by the
                            applicant or licensed electrical contractor may be
                            performed only by the holder of an electrical work
                            licence—has held for at least a year, or a shorter
                            period considered acceptable by the regulator, and
                            still holds, an electrical work licence; or
                      (ii) has held for at least a year, or a shorter period
                           considered acceptable by the regulator, and still
                           holds, an external contracting authority; and
               (c)    is competent to perform electrical work as, or for, a
                      licensed electrical contractor; and
               (d)    has satisfactorily finished a course of instruction, or an
                      examination required by the regulator, on technical
                      aspects of performing electrical work.
          (3) Despite subsections (1) and (2), for a person who is an
              individual to be a qualified business person or qualified
              technical person—
               (a)    for an applicant or licensed electrical contractor who is
                      an individual, the person must also be, or be an
                      employee of, that individual; or
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               (b)    for an applicant or licensed electrical contractor that is a
                      partnership, the person must also be a member or an
                      employee of that partnership; or
               (c)    for an applicant or licensed electrical contractor that is a
                      corporation, the person must also be an executive
                      officer, a member or an employee of that corporation.
         (4) In deciding whether a person who is an individual is a fit and
             proper person, the regulator may consider only—
               (a)    the standard of honesty and integrity demonstrated by
                      the person in commercial and other activities in which
                      the person has been involved; and
               (b)    any failure by the person to perform commercial or
                      statutory obligations and the reasons for the failure.
         (5) Despite subsection (4), a person who is an individual is not a
             fit and proper person to be a qualified technical person if the
             individual is disqualified from being a qualified technical
             person for the holder of an electrical contractor licence,
             because of disciplinary action taken by the licensing
             committee.
         (6) In this section—
               applicant means an individual, partnership or corporation that
               has applied for the issue of an electrical contractor licence.
8        Provisions linked to electrical safety duties in Act
               If a note at the foot of a provision of this regulation states ‘ES
               Act’ followed by a reference to a section number, the
               provision sets out the way in which a person’s duty under that
               section of the Act is to be performed in relation to the matters
               and to the extent set out in the provision.
               Note—
                  A failure to comply with a duty under a section of the Act mentioned in
                  an ‘ES Act’ note is an offence to which a penalty applies.
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9         Application of this regulation
               A duty imposed on a person under a provision of this
               regulation in relation to electrical safety does not limit or
               affect any duty the person has under the Act or, unless
               otherwise expressly provided, any other provision of this
               regulation.
10        Assessment of risk in relation to a class of hazards,
          tasks, circumstances or things
               If this regulation requires an assessment of risks to electrical
               safety associated with a hazard, task, thing or circumstance,
               an assessment of risks associated with a class of hazards,
               tasks, things or circumstances may be conducted if—
               (a)    all hazards, tasks, things or circumstances in the class
                      are the same; and
               (b)    the assessment of risks for the class does not result in
                      any worker or other person being exposed to a greater,
                      additional or different risk to electrical safety than if the
                      risk assessment were carried out in relation to each
                      individual hazard, task, thing or circumstance.
Part 2                       General risk management
11        Risk management
               A person conducting a business or undertaking at a workplace
               must manage risks to health and safety associated with
               electrical risks at the workplace in accordance with the WHS
               Regulation, chapter 3, part 3.1.
               Example of electrical risks—
                  electrical risks associated with the design, construction, installation,
                  protection, maintenance and testing of electrical equipment and
                  electrical installations at a workplace
               Note—
                  ES Act—section 30 (see section 8)
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Part 3                       Electrical work
Division 1                   Electrical work on energised
                             electrical equipment
12       Definitions for div 1
               In this division—
               electrical work does not include high voltage live line work.
               safe work method statement, in relation to electrical work on
               energised electrical equipment, means a safe work method
               statement prepared under section 22.
13       Persons conducting a business or undertaking to which
         this division applies
               In this division, other than sections 16, 20 and 21, a reference
               to a person conducting a business or undertaking in relation to
               electrical work is a reference to the person conducting the
               business or undertaking who is carrying out the electrical
               work.
14       Electrical work on energised electrical equipment is
         prohibited
               Subject to this division, a person conducting a business or
               undertaking must ensure that electrical work is not carried out
               on electrical equipment while the equipment is energised.
               Maximum penalty—60 penalty units.
15       Duty to determine whether equipment is energised
         (1) A person conducting a business or undertaking must ensure
             that, before electrical work is carried out on electrical
             equipment, the equipment is tested by a competent person to
             decide whether or not it is energised.
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               Maximum penalty—60 penalty units.
               Note—
                  Section 18 allows electrical testing to be carried out on electrical
                  equipment for the purposes of this section. Section 22 sets out how the
                  testing is to be carried out.
          (2) The person conducting a business or undertaking must ensure
              that—
               (a)    each exposed part is treated as energised until it is
                      isolated and found not to be energised; and
               (b)    each high-voltage exposed part is earthed after being
                      de-energised.
               Maximum penalty—60 penalty units.
16        De-energised equipment must not be inadvertently
          re-energised
               A person conducting a business or undertaking must ensure
               that electrical equipment that has been de-energised to allow
               electrical work to be carried out on it is not inadvertently
               re-energised while the work is being carried out.
               Maximum penalty—60 penalty units.
17        Licensed electrical worker to take precautions to prevent
          de-energised equipment from being inadvertently
          re-energised
          (1) This section applies if—
               (a)    a licensed electrical worker is performing electrical
                      work; and
               (b)    to perform the work, the worker has de-energised, or
                      otherwise isolated from electricity, an item of electrical
                      equipment that is the subject of the electrical work or
                      that is near where the electrical work is being
                      performed; and
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               (c)    to de-energise, or otherwise isolate, the item of electrical
                      equipment, the licensed electrical worker has operated a
                      device; and
               (d)    while the worker is performing the work, the worker
                      does not have the device under the worker’s sole
                      effective control.
         (2) The licensed electrical worker must ensure both of the
             following—
               (a)    there is attached to the device, in a prominent position, a
                      warning sign that is suitable in the circumstances,
                      having regard to AS 1319 (Safety signs for the
                      occupational environment);
               (b)    the device—
                      (i)   when in the open position, is locked; or
                            Examples for subparagraph (i)—
                               •     using a personal lock to lock an air-conditioner
                                     isolator in the open position
                               •     using a locking device that stops a miniature circuit
                                     breaker from being closed
                               •     placing a lockable shroud on the male inlet plug of
                                     electrical equipment
                      (ii) is prevented from being accidentally closed.
                            Examples for subparagraph (ii)—
                               •     disengaging a circuit breaker so that the circuit
                                     breaker is separated from the busbars
                               •     removing circuit cables from the fuse or circuit
                                     breaker
                               •     insertion of a mechanical restriction
               Maximum penalty—40 penalty units.
         (3) In this section—
               device means a circuit breaker, disconnection point, fuse or
               switch.
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18        Electrical work on energised electrical equipment
          permitted in particular circumstances
          (1) A person conducting a business or undertaking must ensure
              that electrical work on energised electrical equipment is not
              carried out unless—
               (a)    it is necessary in the interests of health and safety that
                      the electrical work is carried out on the equipment while
                      the equipment is energised; or
                      Examples—
                         1    It may be necessary that life-saving equipment remain
                              energised and operating while electrical work is carried out
                              on the equipment.
                         2    It may be necessary, in the interests of road safety, that a set
                              of traffic lights remain energised and operating while
                              electrical work is carried out on the lights.
               (b)    it is necessary that the electrical equipment to be worked
                      on is energised in order for the work to be carried out
                      properly; or
               (c)    it is necessary for the purposes of testing required under
                      section 15; or
               (d)    there is no reasonable alternative means of carrying out
                      the work.
                      Example—
                         It may be necessary, to avoid widespread outages, that works of
                         an electricity entity remain energised and operating while
                         electrical work is carried out on the works.
               Maximum penalty—60 penalty units.
          (2) The electrical work that may be carried out under subsection
              (1)(a), (b) and (d) may include testing of the energised
              electrical equipment.
19        Preliminary steps
          (1) A person conducting a business or undertaking must ensure
              the following before electrical work on energised electrical
              equipment commences at a workplace—
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               (a)    a competent person conducts a risk assessment in
                      relation to the proposed electrical work and records the
                      results of the risk assessment;
                      Note—
                            Section 10 permits risk assessments to be conducted, in
                            particular circumstances, in relation to a class of hazards, tasks,
                            things or circumstances.
               (b)    the area where the electrical work is to be carried out is
                      clear of obstructions so as to allow for easy access and
                      exit;
               (c)    the point at which the electrical equipment can be
                      disconnected or isolated from its electricity supply is—
                      (i)      clearly marked or labelled; and
                      (ii) clear of obstructions so as to allow for easy access
                           and exit by the worker who is to carry out the
                           electrical work or any other competent person; and
                      (iii) capable of being operated quickly;
               (d)    the person authorises the electrical work after consulting
                      with the person with management or control of the
                      workplace.
               Maximum penalty—60 penalty units.
         (2) Subsection (1)(c) does not apply to—
               (a)    electrical work on electrical equipment if—
                      (i)      the work is to be carried out on the supply side of
                               the main switch on the main switchboard for the
                               equipment; and
                      (ii) the point at which the equipment can be
                           disconnected from its electricity supply is not
                           reasonably accessible from the work location; or
               (b)    electric line work.
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20        Unauthorised access to equipment being worked on
               A person conducting a business or undertaking must ensure
               that only persons authorised by the person conducting the
               business or undertaking enter the immediate area in which
               electrical work on energised electrical equipment is being
               carried out.
               Maximum penalty—60 penalty units.
21        Contact with equipment being worked on
               A person conducting a business or undertaking must ensure
               that, while electrical work is being carried out on energised
               electrical equipment, all persons are prevented from creating
               an electrical risk by inadvertently making contact with an
               exposed energised component of the equipment.
               Maximum penalty—60 penalty units.
22        How work is to be carried out
          (1) A person conducting a business or undertaking must ensure
              that electrical work on energised electrical equipment is
              carried out—
               (a)    by a competent person who has tools, testing equipment
                      and personal protective equipment that—
                      (i)   are suitable for the work; and
                      (ii) have been properly tested; and
                      (iii) are maintained in good working order; and
               (b)    in accordance with a safe work method statement
                      prepared for the work; and
               (c)    subject to subsection (4), with a safety observer.
               Maximum penalty—60 penalty units.
          (2) The person conducting a business or undertaking must ensure,
              so far as is reasonably practicable, that the person who carries
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               out the electrical work uses the tools, testing equipment and
               personal protective equipment properly.
               Maximum penalty—60 penalty units.
         (3) For subsection (1)(b), the safe work method statement must—
               (a)    identify the electrical work; and
               (b)    specify hazards associated with the electrical work and
                      risks associated with those hazards; and
               (c)    describe the measures to be implemented to control the
                      risks; and
                      Example of a measure—
                            preventing persons from accessing an area where electrical work
                            is being carried out on energised electrical equipment if the
                            persons are not needed for the performance of the work
               (d)    describe how the measures mentioned in paragraph (c)
                      are to be implemented, monitored and reviewed.
         (4) A safety observer is not required if—
               (a)    the work consists only of testing; and
               (b)    the person conducting the business or undertaking has
                      conducted a risk assessment under section 19(1)(a) that
                      shows that there is no serious risk associated with the
                      proposed work.
               Example for subsection (4)—
                  A safety observer is not required to observe the testing of the polarity of
                  an installed outlet if a risk assessment does not show there is a serious
                  risk in performing the work.
23       Record keeping
         (1) This section applies if a person conducting a business or
             undertaking—
               (a)    is responsible for ensuring a risk assessment is
                      conducted under section 19; or
               (b)    prepares a safe work method statement under section 22.
         (2) Subject to subsection (3), the person must keep—
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               (a)    a copy of the risk assessment until at least 28 days after
                      the work to which it relates is completed; and
               (b)    a copy of the safe work method statement until the work
                      to which it relates is completed.
               Maximum penalty—
               (a)    for an individual—121/2 penalty units; or
               (b)    for a body corporate—60 penalty units.
          (3) If a serious electrical incident or dangerous electrical event
              occurs in connection with the work to which the assessment or
              statement relates, the person must keep the assessment or
              statement for at least 2 years after the incident occurs.
               Maximum penalty—
               (a)    for an individual—121/2 penalty units; or
               (b)    for a body corporate—60 penalty units.
          (4) The person must ensure that, for the period for which the
              assessment or statement must be kept under this section, a
              copy is readily accessible to any worker engaged by the
              person to carry out electrical work to which the assessment or
              statement relates.
               Maximum penalty—36 penalty units.
          (5) The person must ensure that, for the period for which the
              assessment or statement must be kept under this section, a
              copy is available for inspection under the Act.
               Maximum penalty—
               (a)    for an individual—121/2 penalty units; or
               (b)    for a body corporate—60 penalty units.
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Division 2                   High voltage live line work
24       Performance of high voltage live line work
         (1) A person must not perform high voltage live line work unless
             the person’s performance of the work—
               (a)    is authorised in writing by the person in control of the
                      electrical equipment the subject of the work; and
               (b)    is under a high voltage live line work management plan.
               Maximum penalty—40 penalty units.
         (2) A person in control of electrical equipment may authorise a
             person’s performance of high voltage live line work in relation
             to the electrical equipment only if—
               (a)    the person in control is satisfied the person—
                      (i)   has successfully finished an appropriate course of
                            training; and
                      (ii) has been assessed by the provider of the course as
                           competent to perform the work; and
               (b)    the written authorisation states the voltages of the
                      electrical equipment on which the high voltage live line
                      work may be performed.
         (3) If the written authorisation provides for the performance of
             work on more than 1 occasion, the entity that gives the
             authorisation must, while the authorisation is in force, cause
             the person authorised to perform the high voltage live line
             work to be regularly assessed to ensure the person remains
             competent to perform the work.
               Maximum penalty—40 penalty units.
         (4) In this section—
               high voltage live line work management plan means a plan
               for the performance of high voltage live line work that—
               (a)    includes procedures developed in accordance with each
                      of the following guidelines—
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                      (i)   AS 5804.1 (High-voltage live working—General);
                      (ii) AS 5804.2 (High-voltage live working—Glove and
                           barrier work);
                      (iii) AS 5804.3 (High-voltage live working—Stick
                            work);
                      (iv) AS 5804.4 (High-voltage live working—Barehand
                           work); and
               (b)    is developed in conjunction with each of the
                      following—
                      (i)   representatives of workers who are to perform high
                            voltage live line work under the plan;
                      (ii) if the high voltage live line work involves the
                           works of an electricity entity—the electricity
                           entity;
                      (iii) other persons who might reasonably be expected to
                            have an interest in the performance of the high
                            voltage live line work; and
               (c)    has been approved by a person who—
                      (i)   is an electrical engineer who has expertise as a
                            professional engineer in the performance of high
                            voltage live line work; or
                      (ii) has expertise the person in control of the electrical
                           equipment the subject of the high voltage live line
                           work decides is equivalent to the expertise
                           mentioned in subparagraph (i).
Division 3                   Testing of work
25        Testing of electrical equipment after electrical work
          (1) This section applies if electrical work is performed on
              electrical equipment.
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         (2) A person who performs part or all of the electrical work, and
             is responsible for making the electrical equipment ready to
             connect to a source of electricity for use for its intended
             purpose, must ensure the electrical equipment is tested as
             required under subsections (6) and (7).
               Maximum penalty—40 penalty units.
         (3) A licensed electrical contractor or electricity entity who
             performs the electrical work of connecting the electrical
             equipment to a source of electricity for use for its intended
             purpose must ensure the electrical equipment is tested as
             required under subsections (6) and (7).
               Maximum penalty—40 penalty units.
         (4) If a training person performs the work mentioned in
             subsection (3) under the supervision of a licensed electrical
             contractor, subsection (3) applies to the licensed electrical
             worker and not the training person as if the licensed electrical
             contractor were performing the work.
         (5) Subsection (4) does not require a distribution entity to ensure
             the testing of the electrical equipment if—
               (a)    the electrical work is, or is part of, electrical work
                      performed on an electrical installation; and
               (b)    a licensed electrical contractor has given the distribution
                      entity a notice under section 226 about the testing of the
                      electrical work performed on the electrical installation.
         (6) The testing of the electrical equipment must be directed at
             ensuring that the electrical equipment, to the extent it is
             affected by the electrical work, is electrically safe.
         (7) If the electrical equipment is energised for testing, the person
             who performs the test must ensure persons not necessary for
             the testing are electrically safe.
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26        Certificate of testing and safety
          (1) This section applies if a licensed electrical contractor
              performs electrical work that must be tested under this
              division.
          (2) The contractor must, as soon as practicable after testing the
              electrical work, ensure that the person for whom the electrical
              work was performed is given a certificate complying with this
              section.
               Maximum penalty—40 penalty units.
          (3) The certificate must state the following—
               (a)    the name and address of the person for whom the work
                      was performed;
               (b)    the electrical equipment tested;
               (c)    the day the electrical equipment was tested;
               (d)    the number of the electrical contractor licence under
                      which the electrical equipment was tested.
          (4) The certificate must certify that the electrical equipment, to
              the extent it is affected by the electrical work, is electrically
              safe.
          (5) A licensed electrical contractor must keep a copy of a
              certificate given under this section for at least 5 years after the
              certificate is given.
               Maximum penalty for subsection (5)—20 penalty units.
Division 4                   Other requirements
27        Electrical equipment with serious defect not to be
          connected to electricity source
               If an item of electrical equipment has a serious defect, a
               licensed electrical worker must not connect the equipment to a
               source of electricity for use for its intended purpose.
               Maximum penalty—40 penalty units.
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28       Rescue and resuscitation training
         (1) A person conducting a business or undertaking must ensure
             workers who are required to perform, or help in performing,
             electrical work are competent in rescue and resuscitation in
             accordance with recognised practices in the electricity
             industry.
               Maximum penalty—40 penalty units.
         (2) Subsection (1) does not apply in relation to a worker if it is a
             condition of the worker’s electrical work licence that the
             person must not act in a role for which it is a requirement that
             the worker be competent in rescue and resuscitation, including
             as a safety observer.
Division 5                   Documents about electrical work
29       Application of div 5
               This division applies to the performance of electrical work as
               part of the business or undertaking conducted by a licensed
               electrical contractor.
30       Who may sign documents about electrical work
               A person must not sign a document required under the Act, or
               by an electricity entity, about the performance of electrical
               work unless the person is—
               (a)    if the electrical work was performed as part of the
                      business or undertaking conducted by a licensed
                      electrical contractor who is an individual—a qualified
                      technical person for the individual; or
               (b)    if the electrical work was performed as part of the
                      business or undertaking conducted by a licensed
                      electrical contractor that is a partnership—a qualified
                      technical person for the partnership; or
               (c)    if the electrical work was performed as part of the
                      business or undertaking conducted by a licensed
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                      electrical contractor that is a corporation—a qualified
                      technical person for the corporation.
               Maximum penalty—20 penalty units.
Division 6                   General provisions
31        Misrepresentations about electrical equipment or work
          (1) A person must not, in trade or commerce, represent that
              someone who is not a licensed electrical worker may
              lawfully—
               (a)    connect to a source of electricity an item of electrical
                      equipment that may only be connected to a source of
                      electricity by a licensed electrical worker; or
               (b)    do electrical work that may be done only by a licensed
                      electrical worker.
               Maximum penalty—40 penalty units.
          (2) A person conducting a business or undertaking must take all
              reasonable steps to ensure the person’s workers do not
              contravene subsection (1).
               Maximum penalty—40 penalty units.
32        Misrepresentations about lawful authority to contract for
          the performance of electrical work
          (1) A person must not, in trade or commerce, represent that
              another person who is not a licensed electrical contractor may
              lawfully contract for the performance of electrical work the
              other person may not otherwise perform under the Act.
               Example of electrical work that may be performed by a person who is not
               a licensed electrical contractor—
                  minor emergency repairs to make electrical equipment electrically safe
                  that are performed by a licensed electrical mechanic
               Maximum penalty—40 penalty units.
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         (2) A person conducting a business or undertaking must take all
             reasonable steps to ensure the person’s workers do not
             contravene subsection (1).
               Maximum penalty—40 penalty units.
Part 4                          Licensing
Division 1                      Electrical work licences
33       Classes of electrical work licences
               The following classes of electrical work licences may be
               issued—
               (a)       electrical mechanic licence;
               (b)       electrical linesperson licence;
               (c)       electrical fitter licence;
               (d)       electrical jointer licence;
               (e)       restricted electrical work licence;
               (f)       electrical work training permit.
34       This division does not authorise contravention of
         conditions or restrictions on licence
               Nothing in this division authorises a holder of an electrical
               work licence to contravene a current condition or restriction
               included in the licence.
               Note—
                     For the inclusion of conditions or restrictions in electrical licences, see
                     section 63 of the Act.
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35        What electrical mechanic licence authorises
               An electrical mechanic licence authorises the holder to
               perform all electrical work.
               Examples of what the holder of an electrical mechanic licence may do—
                  •    installing or changing an electrical installation or electric line
                  •    maintaining, repairing, or connecting to a source of electricity, an
                       item of electrical equipment
36        What electrical linesperson licence authorises
               An electrical linesperson licence authorises the holder to
               perform all electric line work.
               Examples of what the holder of an electrical linesperson licence may do—
                  •    electrical work in the building or maintenance of an overhead
                       electric line
                  •    electrical work in the building or maintenance of street lighting
                       connected to an overhead or underground electric line
                  •    tests to ensure overhead electric lines are correctly connected
37        What electrical fitter licence authorises
               An electrical fitter licence authorises the holder to perform all
               electrical equipment work.
               Example of what the holder of an electrical fitter licence may do—
                  electrical work, whether in a workshop or on site, of building,
                  manufacturing, fitting, assembling, erecting, operating, testing or
                  repairing electrical equipment
38        What electrical jointer licence authorises
               An electrical jointer licence authorises the holder to perform
               electrical work to the extent of the following—
               (a)    installing, jointing and terminating cables to the extent
                      the work requires specialised knowledge or skill;
               (b)    electrical equipment work necessary for the work
                      mentioned in paragraph (a).
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39       What restricted electrical work licence authorises
         (1) A restricted electrical work licence authorises the holder to
             perform electrical work only of a particular type stated in the
             licence.
               Example of what the holder of a restricted electrical work licence may
               do—
                  A restricted electrical work licence may restrict the holder to the
                  performance of electrical work incidental or special to a particular
                  calling.
         (2) A restricted electrical work licence—
               (a)    does not entitle the holder to another electrical licence;
                      and
               (b)    must not be taken into account in deciding whether the
                      holder is qualified to obtain or hold another electrical
                      licence.
40       What electrical work training permit authorises
         (1) An electrical work training permit authorises the holder to
             perform electrical work stated in the permit in accordance
             with the conditions about training stated in the permit.
         (2) An electrical work training permit—
               (a)    does not entitle the holder to another electrical licence;
                      and
               (b)    must not be taken into account in deciding whether the
                      holder is qualified to obtain or hold another electrical
                      licence.
41       External licence equivalents
               An external licence mentioned in schedule 1 is equivalent to
               the electrical work licence stated in the schedule for the
               external licence.
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Division 2                   Electrical work licence
                             requirements
42        General requirements
          (1) This section states requirements that apply generally for the
              issue of an electrical work licence, other than an electrical
              work training permit, to an applicant for the licence.
          (2) The regulator must be satisfied that—
               (a)    the applicant satisfies the eligibility requirements for the
                      licence; and
               (b)    the applicant is adequately able to understand, and read
                      and write in, the English language without the aid of an
                      interpreter.
          (3) The regulator may consider the following about the
              applicant’s activities, whether before or after the
              commencement of this section, as a licensed electrical
              worker—
               (a)    disciplinary action taken against the applicant under a
                      law regulating the activities of licensed electrical
                      workers;
               (b)    the applicant’s non-performance of a duty under a law
                      about electrical work and the reasons for the
                      non-performance.
          (4) The regulator must be satisfied the applicant has been trained
              in, and is competent to carry out, resuscitation on an
              individual who has stopped breathing or is unconscious
              because of electric shock.
          (5) For an application for an electrical linesperson licence, the
              regulator must also be satisfied the applicant has been trained
              in, and is competent to carry out, resuscitation and rescue at a
              pole top or transmission tower on an individual who has
              stopped breathing or is unconscious because of electric shock.
          (6) In this section—
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               eligibility requirements, for an electrical work licence, means
               the requirements that apply to the licence under sections 43 to
               45.
43       Eligibility requirements for electrical mechanic licence,
         electrical linesperson licence, electrical fitter licence and
         electrical jointer licence
         (1) This section prescribes eligibility requirements for the issue of
             the following classes of electrical work licence—
               (a)    an electrical mechanic licence;
               (b)    an electrical linesperson licence;
               (c)    an electrical fitter licence;
               (d)    an electrical jointer licence.
         (2) To be issued a licence, an applicant must comply with
             subsection (3), (4) or (5).
         (3) The applicant must have—
               (a)    satisfactorily finished an apprenticeship under the
                      Further Education and Training Act 2014 to achieve
                      competence in the trade work of the relevant trade; and
               (b)    satisfactorily finished a course of instruction decided by
                      the regulator; and
               (c)    given the regulator a written statement that—
                      (i)   states that the applicant is competent in the trade
                            work of the relevant trade; and
                      (ii) is verified by the registered training organisation
                           that issues a qualification or statement of
                           attainment for training delivered to the applicant
                           under the apprenticeship; and
               (d)    given the regulator a written statement that—
                      (i)   states that the applicant has satisfactorily finished
                            the training to be delivered under the training plan
                            or training plans for the apprenticeship; and
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                      (ii) is verified by a person conducting a business or
                           undertaking who is a party to the training plan
                           under which the applicant finished the
                           apprenticeship; and
               (e)    satisfied the regulator the applicant is competent in the
                      trade work of the relevant trade.
          (4) The applicant must have—
               (a)    satisfactorily finished an apprenticeship outside
                      Queensland that is, in the regulator’s opinion, at least
                      equivalent to an apprenticeship mentioned in subsection
                      (3)(a); and
               (b)    satisfactorily finished a course of instruction related to
                      the apprenticeship that is, in the regulator’s opinion, at
                      least equivalent to the course of instruction mentioned in
                      subsection (3)(b); and
               (c)    given the regulator a written statement that—
                      (i)   states that the applicant is competent in the trade
                            work of the relevant trade; and
                      (ii) is verified by the equivalent non-Queensland
                           training organisation that issues a qualification or
                           statement of attainment for training delivered to
                           the applicant under the apprenticeship; and
               (d)    given the regulator a written statement that—
                      (i)   states that the applicant has satisfactorily finished
                            the training to be delivered to the applicant under
                            the apprenticeship; and
                      (ii) is verified by a person conducting a business or
                           undertaking under whom the applicant finished the
                           apprenticeship; and
               (e)    satisfied the regulator the applicant is competent in the
                      trade work of the relevant trade.
          (5) The applicant must satisfy the regulator that the applicant—
               (a)    has a relevant qualification; and
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               (b)    has complied with                 the     regulator’s     examination
                      requirements; and
               (c)    is competent in the trade work of the relevant trade.
         (6) In this section—
               relevant expired licence means—
               (a)    for the issue of an electrical mechanic licence—an
                      expired electrical mechanic licence; or
               (b)    for the issue of an electrical linesperson licence—an
                      expired electrical linesperson licence; or
               (c)    for the issue of an electrical fitter licence—an expired
                      electrical fitter licence; or
               (d)    for the issue of an electrical jointer licence—an expired
                      electrical jointer licence.
               relevant qualification, for an applicant, means that the
               applicant—
               (a)    is the holder of—
                      (i)   for the issue of an electrical mechanic licence—a
                            current electrical fitter licence; or
                      (ii) for the issue of an electrical linesperson licence, an
                           electrical fitter licence or an electrical jointer
                           licence—a current electrical mechanic licence; or
               (b)    was the holder of a relevant expired licence that was
                      issued under the Act; or
               (c)    has served an apprenticeship to the calling of the
                      relevant trade under the Further Education and Training
                      Act 2014, but has not satisfactorily finished the course of
                      instruction mentioned in subsection (3)(b); or
               (d)    for the issue of an electrical mechanic licence or an
                      electrical fitter licence—is the holder of a tradesman’s
                      certificate within the meaning of the Tradespersons’
                      Rights Regulation Act 1946 (Cwlth) in the classification
                      of the relevant trade; or
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               (e)    is the holder of a certificate or other document issued by
                      a relevant assessing authority stating that the holder’s
                      skills are suitable for the occupation of the relevant
                      trade.
               relevant trade means—
               (a)    for the issue of an electrical                               mechanic
                      licence—electrical mechanic; or
               (b)    for the issue of an electrical                             linesperson
                      licence—electrical linesperson; or
               (c)    for the issue of an electrical fitter licence—electrical
                      fitter; or
               (d)    for the issue of an electrical jointer licence—electrical
                      jointer.
44        Eligibility requirements for restricted electrical work
          licence
          (1) To be issued a restricted electrical work licence, an applicant
              must comply with subsection (2), (3), (4) or (5).
          (2) The applicant must have—
               (a)    satisfactorily finished a course of training, conducted by
                      a registered training organisation, under the National
                      Vocational Education and Training Regulator Act 2011
                      (Cwlth) that the regulator considers to be appropriate;
                      and
               (b)    satisfactorily finished a course of instruction decided by
                      the regulator; and
               (c)    given the regulator a written statement that—
                      (i)   the applicant is competent in performing electrical
                            work the subject of the application; and
                      (ii) is verified by the registered training organisation;
                           and
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               (d)    if the course is training delivered to the applicant under
                      a training plan—given the regulator a written statement
                      that—
                      (i)   the applicant has satisfactorily finished the training
                            to be delivered under the training plan; and
                      (ii) is verified by a person conducting a business or
                           undertaking who is a party to the training plan; and
               (e)    satisfied the regulator the applicant is competent to
                      perform electrical work the subject of the licence.
         (3) The applicant must have—
               (a)    satisfactorily finished a course of training outside
                      Queensland that is, in the regulator’s opinion, at least
                      equivalent to the course of training mentioned in
                      subsection (2)(a); and
               (b)    satisfactorily finished a course of instruction that is, in
                      the regulator’s opinion, at least equivalent to the course
                      of instruction mentioned in subsection (2)(b); and
               (c)    given the regulator a written statement that—
                      (i)   states that the applicant is competent in performing
                            electrical work the subject of the application; and
                      (ii) is verified by the equivalent non-Queensland
                           training organisation that issues a qualification or
                           statement of attainment for the course; and
               (d)    if the course is training delivered to the applicant under
                      an apprenticeship or traineeship—given the regulator a
                      written statement that—
                      (i)   states that the applicant has satisfactorily finished
                            the training to be delivered to the applicant under
                            the apprenticeship or traineeship; and
                      (ii) is verified by a person conducting a business or
                           undertaking under whom the applicant finished the
                           apprenticeship or traineeship; and
               (e)    satisfied the regulator the applicant is competent to
                      perform electrical work the subject of the licence.
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          (4) The applicant must be the holder of a current licence, permit,
              certificate or other authority issued under a law of the
              Commonwealth, another State or New Zealand that the
              regulator decides is equivalent to the restricted electrical work
              licence.
          (5) The applicant must have—
               (a)    satisfied the regulator that the applicant has a relevant
                      qualification; and
               (b)    satisfactorily finished a course of instruction, decided by
                      the regulator, that is conducted by a registered training
                      organisation; and
               (c)    given the regulator a written statement—
                      (i)   that the applicant is competent in performing
                            electrical work the subject of the application; and
                      (ii) is verified by the registered training organisation;
                           and
               (d)    if the course is training delivered to the applicant under
                      a training plan—given the regulator a written statement
                      that—
                      (i)   states that the applicant has satisfactorily finished
                            the training to be delivered under the training plan;
                            and
                      (ii) is verified by a person conducting a business or
                           undertaking who is a party to the training plan; and
               (e)    satisfied the regulator the applicant is competent to
                      perform electrical work the subject of the licence.
          (6) An applicant who satisfies the regulator that the applicant held
              a restricted electrical work licence that was issued under the
              Act and has expired is taken to have a relevant qualification
              for subsection (5)(a).
          (7) In this section—
               corresponding training department means a department of
               government of another State in which a law corresponding to
               the Further Education and Training Act 2014 is administered.
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               relevant qualification, for an applicant, means that the
               applicant—
               (a)    is the holder of a tradesperson’s certificate within the
                      meaning of the Tradespersons’ Rights Regulation Act
                      1946 (Cwlth) in a calling that the regulator has decided
                      requires the tradesperson to perform electrical work; or
               (b)    is the holder of a tradesperson’s certificate issued by a
                      corresponding training department in a calling that the
                      regulator has decided requires the tradesperson to
                      perform electrical work; or
               (c)    is the holder of a certificate or other document issued by
                      a relevant assessing authority stating that the holder’s
                      skills are suitable for an occupation that is or includes a
                      calling that the regulator has decided requires the holder
                      to perform electrical work; or
               (d)    has equivalent qualifications or experience in a calling
                      that the regulator decides requires the person to perform
                      electrical work.
45       Eligibility requirements for electrical work training permit
         (1) To be issued an electrical work training permit to perform
             electrical work stated in the permit, an applicant must satisfy
             the regulator that the applicant has a relevant qualification
             under section 43(6), definition relevant qualification or 44(7),
             definition relevant qualification for the stated electrical work.
               Example—
                  A person applies for an electrical mechanic licence. The person does
                  not satisfy the eligibility requirements for an electrical mechanic
                  licence under section 43(3), (4) or (5). The person may be issued an
                  electrical work training permit if the person has a relevant qualification
                  under section 43(6), definition relevant qualification.
         (2) The regulator may also consider the following about the
             applicant’s activities, whether before or after the
             commencement of this section—
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               (a)    disciplinary action taken against the applicant under a
                      law regulating the activities of licensed electrical
                      workers;
               (b)    the applicant’s non-performance of a duty under a law
                      about electrical work and the reasons for the
                      non-performance.
46        Term of electrical work licence
          (1) Each of the following may be issued, renewed or reinstated
              for a maximum of 5 years—
               (a)    electrical mechanic licence;
               (b)    electrical linesperson licence;
               (c)    electrical fitter licence;
               (d)    electrical jointer licence;
               (e)    restricted electrical work licence.
          (2) An electrical work training permit may be issued, renewed or
              reinstated for a maximum of 1 year.
Division 3                   Electrical contractor licence
                             requirements
47        Application of div 3
               This division prescribes requirements for an electrical
               contractor licence applied for by, or issued to—
               (a)    an individual; or
               (b)    a partnership; or
               (c)    a corporation.
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48       Eligibility requirements for electrical contractor licence
         (1) To be issued an electrical contractor licence, the applicant for
             the licence must—
               (a)    have at least 1 qualified business person and 1 qualified
                      technical person to perform electrical work; and
               (b)    satisfy the insurance requirements under section 51; and
               (c)    satisfy the regulator that electrical work to be performed
                      by the applicant as a licensed electrical contractor is
                      proposed to be—
                      (i)   performed by a qualified technical person for the
                            applicant under the person’s electrical work
                            licence; or
                      (ii) supervised by a qualified technical person for the
                           applicant who is authorised to perform the work
                           under the person’s electrical work licence.
         (2) The regulator must endorse the electrical contractor licence
             with the name of at least 1 qualified business person and 1
             qualified technical person for the applicant.
         (3) The applicant may, before the issue of the electrical contractor
             licence, or at any time after its issue but while the electrical
             contractor licence is in force, apply to the regulator to have
             other names endorsed on the electrical contractor licence as
             the names of qualified business persons or qualified technical
             persons for the applicant.
         (4) The regulator must endorse a person’s name in accordance
             with the application if the regulator is satisfied the person is a
             qualified business person or qualified technical person for the
             applicant.
49       Removal of endorsement from electrical contractor
         licence
         (1) If a person whose name is endorsed on an electrical contractor
             licence as a qualified technical person is no longer the holder
             of an electrical work licence or external contracting authority,
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               or is no longer an employee of the licensed electrical
               contractor under the licence—
               (a)    the licensed electrical contractor must advise the
                      regulator of the fact within 1 month after the person
                      stops being—
                      (i)   the holder of the licence or authority; or
                      (ii) an employee of the licensed electrical contractor;
                           and
               (b)    the regulator must, on receiving the advice, remove the
                      endorsement from the electrical contractor licence.
          (2) If a person whose name is endorsed on an electrical contractor
              licence as a qualified business person is no longer a qualified
              business person or is no longer an employee of the licensed
              electrical contractor under the licence—
               (a)    the licensed electrical contractor must advise the
                      regulator of the fact within 1 month after the person
                      stops being—
                      (i)   an employee of the licensed electrical contractor;
                            or
                      (ii) a qualified business person; and
               (b)    the regulator must, on receiving the advice, remove the
                      endorsement from the licence.
50        Automatic suspension and cancellation of electrical
          contractor licence
          (1) An electrical contractor licence is automatically suspended if,
              for a period of 1 month, there is no person—
               (a)    who is a qualified business person for the applicant and
                      whose name is endorsed on the electrical contractor
                      licence as a qualified business person for the licensed
                      electrical contractor under the licence; or
               (b)    who is a qualified technical person for the licence holder
                      and whose name is endorsed on the electrical contractor
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                      licence as a qualified technical person for the licensed
                      electrical contractor under the licence.
         (2) If, within 1 month after a licence is automatically suspended
             under subsection (1), there is still no person whose name is
             endorsed on the electrical contractor licence, as mentioned in
             subsection (1)(a) or (b), the licence is automatically cancelled.
51       Insurance requirements for applicant for electrical
         contractor licence
               An applicant for an electrical contractor licence must give the
               regulator—
               (a)    evidence that the applicant has public and products
                      liability insurance for at least $5,000,000 under a
                      contract of insurance approved by the regulator; and
               (b)    evidence that the applicant has consumer protection
                      insurance for at least $50,000 under a contract of
                      insurance approved by the regulator.
52       Change of name of corporation or partnership
         (1) This section applies if, for a corporation or partnership that is
             the holder of an electrical contractor licence, there is a change
             in—
               (a)    the name of the corporation or partnership; or
               (b)    if the corporation or partnership carries on business
                      under a name other than its name—the name (business
                      name) under which it carries on business.
         (2) The corporation or partnership must, within 1 month after the
             change of name or business name, give the regulator written
             notice of the change that complies with subsection (3).
               Maximum penalty—20 penalty units.
         (3) The notice must be accompanied by the electrical contractor
             licence, and may be accompanied by an application about how
             the regulator is to act under subsection (4).
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          (4) After receiving the notice and considering any accompanying
              application, the regulator must—
               (a)    endorse the licence with information about the change
                      of name or business name and reissue it to the
                      corporation or partnership; or
               (b)    cancel the licence and issue a new licence; or
               (c)    cancel the licence.
          (5) A licence reissued by the regulator with an endorsement of the
              change of the name or business name of the corporation or
              partnership has, subject to the endorsement, continuing effect
              as the original electrical contractor licence.
          (6) A new licence issued by the regulator under this section must
              be endorsed with a memorandum stating the reasons for the
              issue of the new licence.
          (7) If the regulator acts under subsection (4)(c) to cancel the
              licence, the regulator must give the corporation or partnership
              an information notice for the decision to cancel.
53        Change in membership of partnership
          (1) This section applies if—
               (a)    a partnership is the holder of an electrical contractor
                      licence; and
               (b)    there is a change in the membership of the partnership,
                      whether by the death or retirement of a member or the
                      admission of a new member.
          (2) The partnership must, within 1 month after the membership
              change, give the regulator written notice of the change that
              complies with subsection (3) and (4).
               Maximum penalty—20 penalty units.
          (3) The notice must give full information and particulars of the
              change.
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         (4) The notice must be accompanied by the electrical contractor
             licence, and may be accompanied by an application about how
             the regulator is to act under subsection (5).
         (5) After receiving the notice and considering any accompanying
             application, the regulator must—
               (a)    endorse the licence with information about the
                      membership change and reissue it to the partnership; or
               (b)    cancel the licence and issue a new licence; or
               (c)    cancel the licence.
         (6) A licence reissued by the regulator with an endorsement of the
             change of the membership of the partnership has, subject to
             the endorsement, continuing effect as the original electrical
             contractor licence.
         (7) A new licence issued by the regulator must be endorsed with a
             memorandum stating the reasons for its issue.
         (8) The regulator may issue a new licence to the partnership only
             if the regulator is satisfied that—
               (a)    the entire business of electrical contracting work carried
                      on by the partnership in Queensland before the
                      membership change is to be carried on by the
                      partnership after the new licence is issued; and
               (b)    the partnership complies with the                           eligibility
                      requirements for the issue of the licence.
         (9) If the regulator acts under subsection (5)(c) to cancel the
             licence, the regulator must give the partnership an information
             notice for the decision to cancel.
       (10) Nothing in this section affects the requirement under this
            division for the endorsement of an electrical contractor
            licence issued to a partnership.
54       Term of electrical contractor licence
               An electrical contractor licence may be issued, renewed or
               reinstated for a maximum of 1 year.
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Division 4                   Miscellaneous
55        Eligibility requirements for renewal or reinstatement of
          electrical licence
          (1) To renew or reinstate an electrical licence, the regulator must
              be satisfied the applicant for the renewal or reinstatement
              continues to satisfy the eligibility requirements for the
              licence.
          (2) However—
               (a)    the application of section 42(4) as an eligibility
                      requirement for subsection (1) does not prevent the
                      regulator renewing or reinstating an electrical work
                      licence if the regulator is satisfied—
                      (i)   the applicant has a medical condition that prevents
                            the applicant carrying out the resuscitation but
                            does not otherwise affect the applicant’s ability to
                            perform electrical work under the licence; and
                      (ii) in the particular circumstances, it is reasonable to
                           allow the applicant to carry out electrical work
                           under the licence subject to a condition that the
                           applicant must not act in a role for which it is a
                           requirement that the applicant be competent in
                           resuscitation, including as a safety observer; and
               (b)    the application of section 42(5) as an eligibility
                      requirement for subsection (1) does not prevent the
                      regulator renewing or reinstating an electrical
                      linesperson licence if the regulator is satisfied—
                      (i)   the applicant has a medical condition that prevents
                            the applicant carrying out the resuscitation but
                            does not otherwise affect the applicant’s ability to
                            perform electrical work under the licence; and
                      (ii) in the particular circumstances, it is reasonable to
                           allow the applicant to carry out electrical work
                           under the licence subject to a condition that the
                           applicant must not act in a role for which it is a
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                            requirement that the applicant be competent in
                            rescue at a pole top or transmission tower and in
                            resuscitation, including as a safety observer.
         (3) In this section—
               eligibility requirements, for an electrical licence, means—
               (a)    the requirements under sections 42(2)(b) and (3) to (5),
                      43 to 45 and 48 that apply to the issue of the licence; and
               (b)    if, for the issue of the licence, the applicant was
                      required, under section 51, to provide evidence that the
                      applicant satisfied the criteria, mentioned in paragraphs
                      (a) and (b) of that section, relating to insurance—those
                      criteria.
56       Application requirements
         (1) An electrical licence application under part 4, division 2 of the
             Act must be accompanied by the fee for the application.
         (2) An application under this part about an electrical licence must
             be accompanied by the fee for the application.
57       Giving regulator cancelled or suspended licence or
         licence to be endorsed
               The holder of an electrical licence, or another person who has
               control of the licence, must, if required by the regulator, give
               the licence to the regulator if the licence—
               (a)    has been cancelled or suspended; or
               (b)    has ended; or
               (c)    is required to have anything endorsed on it.
               Maximum penalty—20 penalty units.
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58        Replacement of electrical licence
          (1) If, on application by the holder of an electrical licence, the
              regulator is satisfied the licence has been lost, damaged or
              destroyed, the regulator may issue a replacement licence.
          (2) However, if a fixed fee applies to the application, the
              application must be accompanied by the fixed fee.
59        Surrender of electrical licence
               The holder of an electrical licence may surrender the licence
               by written notice given to the regulator.
60        Register of electrical licences
          (1) The regulator must keep a register containing information
              about electrical licences.
          (2) The register must be kept in the form the regulator considers
              appropriate to ensure the information in the register can be
              efficiently recorded and accessed.
               Example—
                  The regulator may decide to keep the register of electrical licences in
                  electronic form.
          (3) The regulator may order the information in the register of
              electrical licences in the way the regulator considers
              appropriate.
               Example—
                  The regulator may decide to separate historical information about
                  electrical licences from current information.
          (4) Without limiting subsections (1) to (3), the register of
              electrical licences must include, for each electrical licence—
               (a)    the full name and address of the holder; and
               (b)    an identifying number; and
               (c)    when the licence was issued; and
               (d)    details of every renewal and reinstatement of the
                      licence, and of any failure to renew the licence; and
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               (e)      details of disciplinary action taken by the licensing
                        committee against the holder; and
               (f)      details of anything else the regulator considers should be
                        included in the register of electrical licences.
                        Example for paragraph (f)—
                            the conditions or restrictions on an electrical work licence
         (5) If contact details recorded in the register of electrical licences
             for the holder of an electrical licence, including the name and
             address of the holder, are no longer correct, the holder must,
             within 14 days after the details become incorrect, give the
             regulator notice of the correct details.
         (6) Subsection (5) does not apply to—
               (a)      the change of name of a corporation or partnership that
                        is the holder of an electrical contractor licence; or
               (b)      the change of the membership of a partnership that is the
                        holder of an electrical contractor licence.
         (7) The regulator may publish some or all of the information
             included in the register in the way the regulator considers
             appropriate.
               Example for subsection (7)—
                     publishing the register on the internet in the form of a database that
                     allows consumers to obtain licensing details about electrical contractor
                     or a person conducting a business or undertaking to check the validity
                     of an employee’s electrical work licence
61       Examinations
         (1) In deciding examinations for assessing a person’s
             competency, or conditions with which a person must comply
             under this part, the regulator may decide that the person
             must—
               (a)      undertake an examination conducted by the regulator; or
               (b)      satisfactorily finish a course of instruction recognised by
                        the regulator at which the student’s performance is
                        assessed during the course; or
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               (c)    undertake 1 or more examinations, oral or written tests,
                      or practical tests.
          (2) The examinations and tests may be conducted by—
               (a)    the regulator; or
               (b)    an examiner approved by the regulator under section 62;
                      or
               (c)    a registered training organisation under the National
                      Vocational Education and Training Regulator Act 2011
                      (Cwlth).
62        Approved examiners
               The regulator may approve examiners to                                conduct
               examinations or tests required by the regulator.
63        Refund of fees
          (1) This section applies if either of the following applications is
              refused by the regulator or is withdrawn before it is decided—
               (a)    an application for an electrical licence;
               (b)    an application for renewal or reinstatement of an
                      electrical licence.
          (2) The amount stated in schedule 8 as the administration
              component of the fee paid for the application must be
              refunded.
64        Operation of trade contractor’s licence
          (1) For a person conducting a business or undertaking that
              includes the performance of electrical work, the person is
              taken to be the holder of an electrical contractor licence to the
              extent that performance of the electrical work is a necessary
              part of, or is incidental to, the performance of work under a
              trade contractor’s licence.
          (2) In this section—
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               electrical work does not include electrical installation work.
               trade contractor’s licence means a trade contractor’s licence
               under the Queensland Building Services Authority Regulation
               2003.
65       Advertising by licensed electrical contractor
               The holder of an electrical contractor licence who publishes
               an advertisement about the holder’s business must ensure the
               advertisement—
               (a)    states—
                      (i)      the name under which the holder is licensed; or
                      (ii) if the holder carries on business under a registered
                           business name—the holder’s registered business
                           name; and
               (b)    states that the holder is licensed under the Act and the
                      identifying number of the holder’s electrical contractor
                      licence.
               Maximum penalty—40 penalty units.
66       Performing electrical work without electrical licence
               For section 55(3)(d) of the Act, the following testing is
               authorised—
               (a)    the testing of electrical equipment by a competent
                      person, if the testing is required under part 6, division 6
                      or section 194;
               (b)    the testing of the works of an electricity entity by a
                      competent person;
                      Example for paragraph (b)—
                            a competent person testing protection relay operation that is part
                            of the works of an electricity entity
               (c)    the testing of electrical equipment by a person, other
                      than testing mentioned in paragraph (a) or (b), if the
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                      testing does not interfere with the integrity of the
                      electrical equipment.
                      Examples for paragraph (c)—
                            •    a person testing a safety switch in a domestic electrical
                                 installation by operating a test button on the safety switch
                            •    a person using an appropriate voltmeter to measure voltage
67        Details to be included in register of workers
               The following details are prescribed for schedule 2 of the Act,
               definition prescribed details for the holder of an electrical
               work licence engaged to perform or supervise electrical
               work—
               (a)    the holder’s name;
               (b)    each of the following details about the holder’s electrical
                      work licence—
                      (i)       the number of the licence or, if it is an external
                                licence, the number, code or another way of
                                identifying the licence;
                      (ii) the class of the licence;
                      (iii) if the licence is a restricted electrical work
                            licence—the type of electrical work stated on the
                            licence;
                      (iv) the conditions or restrictions included in the
                           licence;
                      (v) the day the licence expires;
                      (vi) if the licence is an external licence—the
                           jurisdiction in which the external licence was
                           issued.
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Part 5                       Overhead and underground
                             electric lines
68       Duty of person conducting a business or undertaking
         (1) A person conducting a business or undertaking at a workplace
             must ensure, so far as is reasonably practicable, that no
             person, plant or thing at the workplace comes within an
             unsafe distance of an overhead or underground electric line.
               Maximum penalty—60 penalty units.
         (2) If it is not reasonably practicable to ensure the safe distance of
             a person, plant or thing from an overhead or underground
             electric line, the person conducting the business or
             undertaking at the workplace must ensure that—
               (a)    a risk assessment is conducted for the proposed work;
                      and
               (b)    control measures implemented are consistent with—
                      (i)   the risk assessment; and
                      (ii) if an electricity entity is responsible for the electric
                           line—any requirements of the entity.
               Maximum penalty—60 penalty units.
69       Meaning of unsafe distance for persons, operating plant
         and vehicles for overhead electric lines
         (1) A person comes within an unsafe distance of an overhead
             electric line if the person is within the exclusion zone for the
             person for the line.
         (2) Any operating plant, or a vehicle, comes within an unsafe
             distance of an overhead electric line if the operating plant or
             vehicle is within the exclusion zone for the operating plant or
             vehicle for the line.
         (3) For applying this section—
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               (a)    a person includes any article of clothing worn by the
                      person, and any conductive object the person is
                      handling; and
               (b)    operating plant includes anything the operating plant is
                      handling, other than—
                      (i)   a person; or
                      (ii) a hand held object the person is handling; and
               (c)    a vehicle includes anything the vehicle is carrying or
                      otherwise handling.
          (4) Despite subsection (3), the person, operating plant or vehicle
              does not include an object, including, for example, a tool, that
              alone or with another object or objects is an extension from
              the person, operating plant or vehicle if the object—
               (a)    is insulated; and
               (b)    the object has been tested and found to be safe for use
                      on and near the electric line.
          (4) In this section—
               exclusion zone, for a person, operating plant or vehicle for an
               overhead electric line, means the distance from the line stated
               for the person, plant or vehicle in schedule 2.
Part 6                       Electrical installations
Division 1                   Performing electrical work
70        Licensed electrical worker to comply with wiring rules
               A licensed electrical worker who performs electrical work on
               an electrical installation must ensure the electrical installation,
               to the extent it is affected by the electrical work, complies
               with the wiring rules.
               Maximum penalty—40 penalty units.
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71       Person conducting a business or undertaking to ensure
         electrical installation complies
         (1) A person conducting a business or undertaking that performs
             electrical work on an electrical installation must ensure the
             electrical installation, to the extent it is affected by the
             electrical work, complies with—
               (a)    if the electrical installation is to be used for construction
                      work—the wiring rules and AS/NZS 3012 (Electrical
                      installations—Construction and demolition sites); or
               (b)    if the electrical installation is not to be used for
                      construction work—the wiring rules.
               Maximum penalty—40 penalty units.
               Note—
                  See section 22(3) of the Act for when a person conducting a business or
                  undertaking is also a worker.
         (2) In this section—
               construction work see the WHS Regulation, section 289.
72       Work involving water equipment
         (1) A person must not perform work on water equipment
             unless—
               (a)    the person is a licensed electrical worker; and
               (b)    the work performed is work that the person would be
                      authorised to perform on the water equipment under the
                      person’s electrical work licence if the water equipment
                      were electrical equipment; and
               (c)    the water equipment, to the extent it is affected by the
                      work, complies with the wiring rules.
               Maximum penalty—40 penalty units.
         (2) If a business or undertaking includes the performance of work
             on water equipment, a person conducting the business or
             undertaking must ensure that, in the conduct of the business or
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               undertaking, a person does not perform work in contravention
               of subsection (1).
               Maximum penalty—40 penalty units.
          (3) In this section—
               designated equipment means any apparatus, appliance, cable,
               conductor, fitting, insulator, material, meter or wire—
               (a)    used     for  controlling,   generating,    supplying,
                      transforming or transmitting electricity at extra low
                      voltage; or
               (b)    operated by electricity at extra low voltage.
               water equipment means designated equipment that is in, or
               that surrounds the water container of, a swimming pool,
               paddling pool, spa pool, water feature or water tub.
               work, on water equipment, does not include—
               (a)    the plugging in of a pre-packaged water feature; or
               (b)    replacing a component forming part of the water
                      equipment if the water equipment has been designed so
                      that the component is readily and safely able to be
                      replaced by a person without electrical knowledge or
                      skill.
73        Work involving electric motor forming part of vehicle
          (1) A person must not perform work on an electric motor forming
              part of a vehicle unless—
               (a)    the person is a licensed electrical worker; and
               (b)    the work performed is work that the person would be
                      authorised to perform on the electric motor under the
                      person’s electrical work licence if the electric motor
                      were electrical equipment.
               Maximum penalty—40 penalty units.
          (2) If a business or undertaking includes the performance of work
              on an electric motor, a person conducting the business or
              undertaking must ensure that, in the conduct of the business or
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               undertaking, a person does not perform work in contravention
               of subsection (1).
               Maximum penalty—40 penalty units.
         (3) In this section—
               electric motor means an electric motor that is electrical
               equipment within the meaning of section 14(1) of the Act, but
               is not electrical equipment under the Act because of the
               operation of section 14(2) of the Act.
               vehicle does not include a car or motorbike under the
               Transport Operations (Road Use Management) Act 1995.
               work, on an electric motor, means work on the electric motor
               that would be electrical work if the electric motor were
               electrical equipment.
Division 2                   Defects and earthing
74       Requirement on person in control to fix defect
               If an inspector or electricity entity gives written notice to the
               person in control of electrical equipment of any defect
               affecting the electrical safety of the electrical equipment,
               whether or not a serious defect, the person in control must
               take all reasonable steps to ensure the defect is fixed.
               Maximum penalty—40 penalty units.
75       Earthing
         (1) This section applies if a low voltage electrical installation
             receives electricity distributed by an electricity entity.
         (2) The person in control of the low voltage electrical installation
             must not knowingly allow the earthing for the installation to
             be inconsistent with the requirements for systems of earthing
             applying to the electricity entity under section 196.
               Maximum penalty for subsection (2)—40 penalty units.
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Division 3                    Electric lines
76        Service line
          (1) This section applies if an electrical installation receives
              electricity distributed by an electricity entity.
          (2) The person in control of the electrical installation must
              maintain the person in control’s facilities for—
               (a)    attaching an overhead service line to supply electricity
                      to the electrical installation; or
               (b)    the entrance, support, protection and termination of an
                      underground service line to supply electricity to the
                      electrical installation.
               Maximum penalty—40 penalty units.
               Examples of facilities that may be provided by a person in control—
                  •    a service riser bracket
                  •    timber backing for the electricity entity’s ‘J’ hook
          (3) However, subsection (2) does not require the person in control
              of the electrical installation to maintain the insulation of any
              clamp or apparatus supplied by the person in control for the
              purposes of any joint needed for consumer terminals.
          (4) The electricity entity must, at periodic reasonable intervals,
              inspect and maintain the insulation of the clamp or apparatus
              mentioned in subsection (3).
               Maximum penalty for subsection (4)—40 penalty units.
77        Structure supporting electric line or equipment to comply
          with wiring rules
          (1) The person in control of an electrical installation must ensure
              that any structure supporting an electric line or item of
              electrical equipment forming part of the electrical installation
              complies with the requirements of—
               (a)    the wiring rules; and
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               (b)    any direction the regulator gives for ensuring electrical
                      safety.
               Maximum penalty—40 penalty units.
         (2) If there is any inconsistency between the wiring rules and a
             direction of the regulator, the direction prevails to the extent
             of the inconsistency.
78       Duty to preserve insulation of electric line
               The person in control of an electrical installation must
               maintain, to a reasonable extent, the integrity of the insulation
               of any electric line, or connection to an electric line, that is
               part of the electrical installation—
               (a)    if it is an overhead electric line—near the point of
                      attachment of the electric line to any structure; and
               (b)    whether or not it is an overhead electric line—near roofs
                      or structures where it is likely that a person, including,
                      for example, a painter or plumber, could come into
                      contact with the insulated wires or connectors of the
                      line.
               Maximum penalty—40 penalty units.
79       Trimming of trees near overhead electric line
         (1) The person in control of an overhead electric line must ensure
             that trees and other vegetation are trimmed, and other
             measures taken, to prevent contact with the line that is likely
             to cause injury from electric shock to any person or damage to
             property.
               Maximum penalty—40 penalty units.
         (2) In this section—
               overhead electric line does not include an overhead electric
               line owned by an electricity entity.
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80        Duty to ensure safety of disconnected overhead electric
          line
          (1) The person in control of an overhead electric line must take all
              reasonable steps to ensure that, if the line is disconnected
              from its electricity supply, the line is—
               (a)    dismantled as soon as practicable after disconnection; or
               (b)    maintained so it is electrically and mechanically safe.
               Maximum penalty—40 penalty units.
          (2) In this section—
               overhead electric line does not include an overhead electric
               line owned by an electricity entity.
Division 4                    Installation of approved safety
                              switches in domestic residences
81        Definitions for div 4
               In this division—
               chief executive (land) means the chief executive of the
               department in which the Land Act 1994 is administered.
               date of possession, for residential land, means the date the
               transferee of the land enters into lawful possession of the land.
               domestic residence means a building or structure, or a part of
               a building or structure, that—
               (a)    is used, or designed to be used, as a single dwelling; and
                      Examples for paragraph (a)—
                         •    dwelling house
                         •    flat
               (b)    is not used, or designed to be used, for temporary
                      accommodation.
                      Examples of temporary accommodation for paragraph (b)—
                         •    boarding house
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                            •    motel
               general purpose socket-outlet means a low voltage
               socket-outlet that—
               (a)    has a rating of 10A; and
               (b)    is designed to fit a three-pin flat-pin plug that complies
                      with the relevant standard under part 7 for the type of
                      plug; and
               (c)    is used, or intended to be used, or could at some time
                      reasonably be expected to be used, for more than 1
                      appliance.
               residential land means land on which a domestic residence is
               constructed, and includes an interest in residential land.
               transfer date, for residential land, means the date the
               transferee of the land is entitled to lawful possession of the
               land.
               transferee, of residential land, means the person who, on
               becoming entitled to possession of the land, may lodge an
               application for registration—
               (a)    under the Land Act 1994, as a lessee, or personal
                      representative of a deceased lessee, of the land; or
               (b)    under the Land Title Act 1994, as an owner, or the
                      personal representative of an owner, of the land.
               transferor, of residential land, means—
               (a)    if, immediately before the transfer date for the
                      residential land, a mortgagee in possession under the
                      Property Law Act 1974 is in lawful possession of the
                      land—the mortgagee in possession; or
               (b)    otherwise—the person registered, immediately before
                      the transfer date for the land—
                      (i)       under the Land Act 1994, as a lessee, or personal
                                representative of a deceased lessee, of the land; or
                      (ii) under the Land Title Act 1994, as an owner, or the
                           personal representative of an owner, of the land.
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82        Notice to transferee about approved safety switch
          (1) The transferor of residential land must, on or before the date
              of possession for the land, give the transferee of the land
              written notice of whether an approved safety switch has been
              installed for the general purpose socket-outlets installed in the
              domestic residence on the land.
               Maximum penalty—15 penalty units.
          (2) However, subsection (1) does not apply if—
               (a)    the transferor became transferor of the residential land
                      under an agreement to transfer the land; and
               (b)    the date of the agreement is before 1 September 2002.
          (3) The transferor must not state anything in the notice that the
              transferor knows is false or misleading in a material particular.
               Maximum penalty for subsection (3)—15 penalty units.
83        Notice to regulator about approved safety switch and
          other matters
          (1) The transferor of residential land must, within 90 days after
              the date of possession for the land, give the regulator a written
              notice stating all of the following information (transfer and
              safety switch information)—
               (a)    the full names of the transferor and transferee;
               (b)    the addresses of the transferor and transferee
                      immediately after the date of possession for the land;
               (c)    the property details of the land;
               (d)    the current use of the land;
               (e)    if there is an agreement for the transfer of the land—the
                      date of the agreement;
               (f)    the date of possession for the land;
               (g)    whether an approved safety switch has been installed for
                      the general purpose socket-outlets installed in the
                      domestic residence on the land;
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               (h)    whether the transferor has given the transferee written
                      notice of whether an approved safety switch has been
                      installed for the general purpose socket-outlets installed
                      in the domestic residence on the land.
               Maximum penalty—15 penalty units.
         (2) However, subsection (1) does not apply if—
               (a)    the transferor became transferor of the residential land
                      under an agreement to transfer the land; and
               (b)    the date of the agreement is before 1 September 2002.
         (3) Also, the transferor is not required to comply with
             subsection (1) if a properly completed combined form,
             together with an application for registration is given to—
               (a)    for an application for registration under the Land Act
                      1994—the chief executive (land); or
               (b)    for an application for registration under the Land Title
                      Act 1994—the registrar.
         (4) If a combined form is given under subsection (3), the
             regulator may use only the transfer and safety switch
             information stated on the form.
         (5) In this section—
               combined form means a form that—
               (a)    gives transfer and safety switch information and
                      information about a change of ownership required under
                      other Acts; and
               (b)    may be given to the chief executive (land) or the
                      registrar.
               registrar see the Land Title Act 1994, schedule 2.
84       Installation of approved safety switch in particular
         residences
         (1) This section applies if—
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               (a)    the date of possession for residential land is on or after 1
                      September 2002; and
               (b)    a general purpose socket-outlet was installed in the
                      domestic residence on the land before 1 June 1992; and
               (c)    an approved safety switch has not been installed for the
                      general purpose socket-outlet.
          (2) The owner of the land must, within 3 months after the date of
              possession, have an approved safety switch installed for the
              general purpose socket-outlet.
               Maximum penalty—15 penalty units.
          (3) In this section—
               owner, of residential land, means the person registered or
               entitled to be registered, immediately after the transfer date
               for the land—
               (a)    under the Land Act 1994, as a lessee, or personal
                      representative of a deceased lessee, of the land; or
               (b)    under the Land Title Act 1994, as an owner, or the
                      personal representative of an owner, of the land.
85        Installation of approved safety switch if residential
          tenancy agreement entered into or to be entered into
          (1) This section applies if—
               (a)    a residential tenancy agreement for residential land is
                      proposed to be entered into on or after the
                      commencement of this regulation; and
               (b)    the owner of the residential land is aware of the
                      proposed residential tenancy agreement or that the
                      proposed residential tenancy agreement has been
                      entered into; and
               (c)    a general purpose socket-outlet was installed in the
                      domestic residence on the residential land before 1 June
                      1992; and
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               (d)    an approved safety switch is not installed for the general
                      purpose socket-outlet.
         (2) The owner of the residential land must ensure an approved
             safety switch is installed for the general purpose socket-outlet
             as soon as practicable after becoming aware of the proposed
             residential tenancy agreement or that the proposed residential
             tenancy agreement has been entered into.
               Maximum penalty—15 penalty units.
         (3) In this section—
               owner, of residential land, means the person registered or
               entitled to be registered, immediately after the transfer date
               for the land—
               (a)    under the Land Act 1994, as a lessee, or personal
                      representative of a deceased lessee, of the land; or
               (b)    under the Land Title Act 1994, as an owner, or the
                      personal representative of an owner, of the land.
               residential tenancy agreement has the meaning given by the
               Residential Tenancies and Rooming Accommodation Act
               2008.
86       Performing electrical installation work for domestic
         residences
               A licensed electrical worker or a licensed electrical contractor
               must not perform electrical installation work on an electrical
               installation installed in a domestic residence unless—
               (a)    an approved safety switch has been installed for the
                      general purpose socket-outlets installed in the residence;
                      or
               (b)    if an approved safety switch has not been installed for
                      the general purpose socket-outlets installed in the
                      residence—
                      (i)   the work is or includes the installation of an
                            approved safety switch for the general purpose
                            socket-outlets installed in the residence; or
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                      (ii) the worker or contractor reasonably believes
                           installation of an approved safety switch for the
                           general purpose socket-outlets installed in the
                           residence is not required under this regulation; or
                      (iii) the work is the connection of the residence to a
                            source of electricity; or
                      (iv) the work is needed to be performed without delay
                           in an emergency, to prevent an emergency from
                           happening or for safety reasons.
               Maximum penalty—40 penalty units.
Division 5                   Installation of ceiling insulation
Subdivision 1                All ceiling insulation
87        Application of sdiv 1
          (1) This subdivision, other than section 88(2), applies to a person
              conducting a business or undertaking if the business or
              undertaking includes the installation of ceiling insulation.
          (2) Section 88(2) applies to a worker who does work that includes
              the installation of ceiling insulation.
88        Metal or other conductive fasteners not to be used to
          install ceiling insulation
          (1) A person conducting a business or undertaking must ensure
              that ceiling insulation is not fastened to the ceiling structure of
              a building with metal or any other form of conductive fastener.
               Note—
                  ES Act—section 30 (see section 8)
          (2) A worker must not fasten ceiling insulation to the ceiling
              structure of a building with metal or any other form of
              conductive fastener.
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               Note—
                  ES Act—section 39 (see section 8)
89       Installation must comply with wiring rules, cl 4.5.2.3
               A person conducting a business or undertaking must ensure
               that ceiling insulation is installed in a building in a way that
               complies with the wiring rules, clause 4.5.2.3, as in force from
               time to time.
               Notes—
                  1    The wiring rules, clause 4.5.2.3 deals with recessed luminaires and
                       their auxiliary equipment.
                  2    At the commencement of this section the wiring rules, clause
                       4.5.2.3 is available on the department’s website at
                       <www.justice.qld.gov.au>.
                  3    ES Act—section 30 (see section 8)
90       Training for assessment of electrical risk
               A person conducting a business or undertaking (the first
               person) must ensure that the first person and all persons
               employed or engaged by the first person who install ceiling
               insulation in a building are trained in carrying out an
               assessment of the electrical risk from the installation of
               ceiling insulation.
               Note—
                  ES Act—section 30 (see section 8)
91       Assessment of electrical risk
         (1) A person conducting a business or undertaking must ensure
             that, before the start of the installation in a building of ceiling
             insulation—
               (a)    an on-site operational assessment of the electrical risk
                      from the installation of the ceiling insulation is
                      conducted; and
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               (b)    any control measures necessary to prevent a person’s
                      exposure to the electrical risk are implemented.
               Note—
                  ES Act—section 30 (see section 8)
          (2) The person conducting a business or undertaking must keep a
              record of the on-site operational assessment for at least 5
              years after the assessment is conducted.
               Maximum penalty for subsection (2)—20 penalty units.
Subdivision 2                Electrically conductive ceiling
                             insulation
92        Definitions for sdiv 2
               In this subdivision—
               electrically conductive ceiling insulation—
               (a)    means a product used, or to be used, as ceiling
                      insulation that is readily able to conduct electricity; but
               (b)    does not include metal foil batts.
               non-capable circuit means an electrical circuit on which an
               approved safety switch is not capable of effective operation.
               Examples of a non-capable circuit—
                  •    consumer main
                  •    submain in particular circumstances
93        Application of sdiv 2
               This subdivision applies to a person conducting a business or
               undertaking if the business or undertaking includes the
               installation of electrically conductive ceiling insulation.
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94       Requirement for electrical safety inspection and test
         (1) A person conducting a business or undertaking must, before
             the start of the installation in a building of electrically
             conductive ceiling insulation, obtain a certificate from a
             licensed electrical contractor stating that the contractor—
               (a)    has inspected and tested the existing electrical
                      installation in the ceiling structure of the building; and
               (b)    is satisfied that the existing electrical installation in the
                      ceiling structure of the building is electrically safe.
               Note—
                  ES Act—section 30 (see section 8)
         (2) The person conducting a business or undertaking must keep
             the certificate mentioned in subsection (1) for at least 5 years
             after the person is given the certificate.
               Maximum penalty for subsection (2)—20 penalty units.
95       Requirement for approved safety switch or permanent
         marking for electrical circuits
         (1) A person conducting a business or undertaking must, before
             the start of the installation in a building of electrically
             conductive ceiling insulation, obtain a certificate from a
             licensed electrical contractor stating that—
               (a)    an approved safety switch has been installed on each
                      capable circuit located in the ceiling structure of the
                      building; and
               (b)    each non-capable circuit located in the ceiling structure
                      of the building is identified and clearly marked.
               Note—
                  ES Act—section 30 (see section 8)
         (2) For subsection (1)(b), a non-capable circuit is clearly marked
             only if the non-capable circuit is permanently marked—
               (a)    in a way that distinguishes the non-capable circuit from
                      capable circuits located in the ceiling structure; and
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               (b)    at intervals of not more than 1m, to the extent that it is
                      reasonably practicable.
          (3) The certificate mentioned in subsection (1) must explain the
              way in which non-capable circuits located in the ceiling
              structure have been permanently marked to distinguish them
              from capable circuits located in the ceiling structure.
               Example—
                  If a non-capable circuit has been marked with durable high visibility
                  tags, the certificate must explain this.
          (4) The person conducting a business or undertaking must keep
              the certificate mentioned in subsection (1) for at least 5 years
              after the person is given the certificate.
               Maximum penalty—20 penalty units.
          (5) In this section—
               capable circuit means an electrical circuit on which an
               approved safety switch is capable of effective operation.
96        Installation requirements for non-capable circuits
               A person conducting a business or undertaking must ensure
               that electrically conductive ceiling insulation installed in a
               building—
               (a)    does not cover, in whole or in part, any non-capable
                      circuit located in the ceiling structure of the building;
                      and
               (b)    is installed at least 25mm away from any non-capable
                      circuit located in the ceiling structure of the building.
               Note—
                  ES Act—section 30 (see section 8)
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Division 6                   Workplace electrical installations
Subdivision 1                Preliminary
97       Definitions for div 6
               In this division—
               amusement device means an amusement device as defined in
               AS 3533.3.
               amusement ride means an amusement ride as defined in AS
               3533.3.
               amusement work means work, other than work performed by
               a non-profit organisation, to assemble, operate or disassemble
               any of the following on the site on which it is used, intended
               to be used or has been used—
               (a)    an amusement device or amusement ride;
               (b)    a thing used to provide amusement activities, including
                      side show activities, associated with—
                      (i)   carnivals, fairs or shows; or
                      (ii) amusement arcades or similar places;
                            Example of side show activities—
                               providing hamburgers, fairy floss or massages in a side
                               show
               (c)    a thing used to provide entertainment or advertising
                      activities, in temporary sites, associated with shows,
                      fairs or carnivals.
               construction work means—
               (a)    construction work within the meaning of the WHS
                      Regulation, section 289, other than amusement work or
                      rural industry work; or
               (b)    work done in conjunction with construction work
                      mentioned in paragraph (a).
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                      Example of paragraph (b)—
                            installation of plumbing in a house under construction
               cord extension set means an assembly of—
               (a)    a plug intended for connection to a socket-outlet; and
               (b)    a sheathed flexible cord; and
               (c)    a cord extension socket.
               electrical equipment see section 98.
               electrical installation see section 98.
               manufacturing work means the work of assembly,
               disassembly,    fabrication,   installation,   maintenance,
               manufacturing, refurbishment or repair, but does not include
               amusement work, construction work or rural industry work.
               Examples—
                  •    installing the interior fittings of a shop
                  •    manufacturing clothes
                  •    repairing leaking pipes
               non-profit organisation means an organisation that is not
               carried on for the profit or gain of its individual members.
               Example of entities that may be non-profit organisations—
                  charities, churches, clubs, environment protection societies
               prescribed details, for a tag to be attached to equipment, or a
               written record to be made for equipment, after it is inspected
               and tested or reinspected and retested, means—
               (a)    for all equipment, at least 1 of the following—
                      (i)      the date of the testing or retesting;
                      (ii) the day by which the equipment must be
                           reinspected and retested; and
               (b)    if the individual who performed the test or retest of the
                      equipment is employed or engaged by a corporation, at
                      least 1 of the following—
                      (i)      the name of the individual;
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                      (ii) the individual’s electrical contractor licence
                           number;
                      (iii) the name of the corporation;
                      (iv) the corporation’s electrical contractor licence
                           number; and
               (c)    if the individual who performed the test or retest of the
                      equipment is not employed or engaged by a corporation,
                      at least 1 of the following—
                      (i)   the name of the individual;
                      (ii) the individual’s electrical contractor licence
                           number;
                      (iii) the electrical contractor licence number of the
                            individual’s employer;
                      (iv) the individual’s electrical worker licence number.
               rural industry work see section 99.
               safety switch means a type 1 safety switch or a type 2 safety
               switch.
               service work means work that is not amusement work,
               construction work, manufacturing work, office work or rural
               industry work.
               Examples—
                  •   cleaning a motel
                  •   cooking in a restaurant
                  •   providing health services at a health facility
                  •   selling goods from a shop
                  •   teaching at an education facility
                  •   caring for children at a child care centre
               specified electrical equipment means—
               (a)    for the performance of amusement work, manufacturing
                      work or rural industry work, the following equipment
                      (other than an amusement device or amusement ride)—
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                      (i)   a cord extension set with a current rating of not
                            more than 20 amps;
                      (ii) an electrical portable outlet device with a current
                           rating of not more than 20 amps;
                      (iii) electrical equipment, other than a portable safety
                            switch, that—
                            (A)     has a current rating of not more than 20
                                    amps; and
                            (B)     is connected by a flexible cord and plug to
                                    low voltage supply; and
               (b)    for the performance of office work or service work—
                      (i)   a cord extension set with a current rating of not
                            more than 20 amps; or
                      (ii) an electrical portable outlet device with a current
                           rating of not more than 20 amps; or
                      (iii) electrical equipment, other than a portable safety
                            switch, that—
                            (A)     has a current rating of not more than 20
                                    amps; and
                            (B)     is connected by a flexible cord and plug to
                                    low voltage supply; and
                            (C)     is moved during its normal use for the
                                    purpose of its use.
               type 1 safety switch means a residual current device, whether
               or not portable, with a rated residual current of not more than
               10mA.
               type 2 safety switch means a residual current device, whether
               or not portable, with a rated residual current of more than
               10mA but not more than 30mA.
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98       Meaning of electrical equipment and electrical
         installation for div 6
               In this division, a reference to electrical equipment or an
               electrical installation in relation to a person conducting a
               business or undertaking is a reference to electrical equipment
               or an electrical installation that is under the person’s
               management or control.
99       Meaning of rural industry work
         (1) Rural industry work is work—
               (a)       in the cultivation of any agricultural crop or product
                         whether or not grown for food; or
               (b)       in the rearing and management of farm animals; or
                         Examples of farm animals—
                            livestock, bees, worms.
               (c)       in the classing, scouring, sorting or pressing of wool; or
               (d)       that is aquaculture; or
               (e)       in flower or vegetable market gardens; or
               (f)       for clearing, fencing, trenching, draining or otherwise
                         preparing land for anything stated in paragraph (a), (b),
                         (d) or (e).
         (2) Rural industry work includes work that is construction work,
             manufacturing work or office work performed for the
             purposes of an activity mentioned in subsection (1) if—
               (a)       the work is performed by a person conducting a business
                         or undertaking, or an employee of that person; and
               (b)       the product of the work is to be used in the business or
                         undertaking; and
               (c)       the work is performed on premises on which the product
                         of the work is to be used.
               Examples of construction work or manufacturing work—
                     •   repairing farm machinery, including, for example, tractors and
                         implements
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                  •    making farm machinery, including, for example, cattle crushes,
                       spray booms or fruit picking booms
                  •    building sheds
          (3) Rural industry work does not include work to which rural
              industry work is only incidental.
               Examples—
                  •    work in carrying on a farm stay
                  •    work in conducting a tour associated with rural industry work
Subdivision 2                All work
100       Application of sdiv 2
               This subdivision applies to a person conducting a business or
               undertaking if the person, or a worker carrying out work for
               the person, performs work, whether or not electrical work, at a
               workplace.
101       Unsafe electrical equipment
          (1) A person conducting a business or undertaking must ensure
              that any unsafe electrical equipment at the workplace—
               (a)    is disconnected, or isolated, from its electricity supply;
                      and
               (b)    once disconnected or isolated—
                      (i)   is not reconnected until it is repaired or tested and
                            found to be safe; or
                      (ii) is replaced or permanently removed from use.
               Maximum penalty—36 penalty units.
          (2) For applying this section, electrical equipment or a component
              of electrical equipment is unsafe if there are reasonable
              grounds for believing it to be unsafe.
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102      Cord extension sets and flexible cables
         (1) A person conducting a business or undertaking must ensure
             that any cord extension set or flexible cable at the workplace
             is—
               (a)    located where it is not likely to suffer damage; or
               (b)    protected against damage.
               Note—
                  ES Act—section 30 (see section 8)
         (2) In this section—
               damage includes damage by liquid.
Subdivision 3                Construction work
103      Application of sdiv 3
               This subdivision applies to the performance of construction
               work at a workplace.
104      Requirements for construction wiring and electrical
         equipment
         (1) A person conducting a business or undertaking must ensure
             that all electrical equipment for the performance of work
             complies with the requirements of AS/NZS 3012 (Electrical
             installations—Construction and demolition sites).
         (2) However, the requirement under AS/NZS 3012, clause 3.8.3
             that the tag must include the name of the person or company
             who performed the test does not apply.
         (3) A person conducting a business or undertaking must ensure
             that, for the purposes of the business or undertaking, electrical
             equipment mentioned in AS/NZS 3012, clause 3.1 is not fitted
             with a tag that includes the test or retest date for the
             equipment unless—
               (a)    the equipment is new; or
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               (b)    both of the following apply—
                      (i)   the equipment has been inspected and tested under
                            that clause by a competent person and found to
                            comply with the requirements of AS/NZS 3012;
                      (ii) the tag includes the day by which the equipment
                           must be reinspected and retested and the
                           information mentioned in subsection (4).
          (4) For subsection (3)(b)(ii)—
               (a)    if the individual who performed the test or retest is
                      employed or engaged by a corporation—the information
                      is any of the following—
                      (i)   the name of the individual;
                      (ii) the individual’s electrical contractor licence
                           number;
                      (iii) the name of the corporation;
                      (iv) the corporation’s electrical contractor licence
                           number; or
               (b)    if paragraph (a) does not apply—the information is any
                      of the following—
                      (i)   the name of the individual;
                      (ii) the individual’s electrical contractor licence
                           number;
                      (iii) the electrical contractor licence number of the
                            individual’s employer;
                      (iv) the individual’s electrical worker licence number.
          (5) A person with management or control of a workplace where
              construction work is being carried out must ensure that all
              construction wiring at the workplace complies with the
              requirements      of     AS/NZS        3012       (Electrical
              installations—Construction and demolition sites).
          (6) In this section—
               competent person see AS/NZS 3012, clause 1.4.9.
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               construction wiring, for a workplace, means temporary
               electrical wiring by which electricity is supplied by an
               electricity entity for use in, and for the period of, construction
               work, within the meaning of the WHS Regulation,
               section 289, at the place.
               Note for subsections (1) to (5)—
                  ES Act—section 30 (see section 8)
Subdivision 4                Manufacturing work
105      Application of sdiv 4
               This subdivision applies to the performance of manufacturing
               work at a workplace.
106      Double adaptors and piggyback plugs prohibited
         (1) A person conducting a business or undertaking must not use a
             double adaptor or piggyback plug.
         (2) A person conducting a business or undertaking must ensure
             that workers carrying out work for the person do not use a
             double adaptor or piggyback plug.
               Note for subsections (1) and (2)—
                  ES Act—section 30 (see section 8)
107      Specified electrical equipment
         (1) A person conducting a business or undertaking must ensure
             that specified electrical equipment of the person at the
             workplace is not used to perform work unless—
               (a)    it is inspected and tested by a competent person—
                      (i)   if the equipment is double insulated—at least once
                            every year; or
                      (ii) if the equipment is not double insulated—at least
                           once every 6 months; and
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               (b)    either—
                      (i)   if the specified electrical equipment is connected to
                            a socket-outlet that is in a permanent workplace
                            under the control of the person conducting the
                            business or undertaking—the specified electrical
                            equipment is connected to a socket-outlet for
                            which a type 1 safety switch, or type 2 safety
                            switch, that is not portable, is installed; or
                      (ii) if the specified electrical equipment is connected to
                           a socket-outlet that is not in a permanent
                           workplace under the control of the person
                           conducting the business or undertaking—the
                           specified electrical equipment is connected to a
                           type 1 safety switch or type 2 safety switch.
                            Example of a workplace that is not under the control of the
                            person conducting a business or undertaking at the
                            workplace—
                               the premises of a customer of the person conducting a
                               business or undertaking visited by a service technician
                               carrying out work for the person conducting a business or
                               undertaking
               Examples of specified electrical equipment used to perform manufacturing
               work—
                  •    a hand held grinder plugged into a socket-outlet
                  •    a hand held electric drill plugged into a socket-outlet that is used
                       for drilling holes in steelwork in a light engineering workshop
          (2) However—
               (a)    subsection (1)(b)(i) does not apply if the person
                      conducting the business or undertaking is exempted
                      under section 109; and
               (b)    subsection (1)(b)(i) and (ii) do not apply to a
                      socket-outlet that is—
                      (i)   more than 2.3m above the floor; and
                      (ii) provided for the purpose of supplying electricity to
                           a luminaire or to electrical equipment with a power
                           rating of not more than 150W.
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         (3) If after inspecting and testing the electrical equipment under
             subsection (1)(a), a competent person decides the equipment
             is safe to use, the person conducting the business or
             undertaking must ensure the competent person immediately
             attaches a durable tag to the equipment that shows the
             prescribed details for the equipment.
         (4) If after inspecting and testing the electrical equipment under
             subsection (1)(a), a competent person decides the equipment
             is not safe to use, the person conducting the business or
             undertaking must ensure—
               (a)    the competent person immediately attaches a durable
                      tag to the equipment that warns people not to use the
                      equipment; and
               (b)    the equipment is immediately withdrawn from use.
         (5) A person conducting a business or undertaking must ensure
             that, for the purposes of the business or undertaking, a tag is
             not attached to specified electrical equipment under
             subsection (3) unless—
               (a)    the equipment is new; or
               (b)    both of the following apply—
                      (i)   the equipment has been inspected and tested by a
                            competent person;
                      (ii) the tag was attached by the competent person.
               Note for subsections (1) to (5)—
                  ES Act—section 30 (see section 8)
108      Manufacturing work—safety switch
         (1) This section applies if—
               (a)    manufacturing work is the primary work performed at
                      the workplace; and
               (b)    a socket-outlet with a current rating of not more than 20
                      amps is installed and supplies electricity to the
                      workplace; and
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               (c)    the socket-outlet is—
                      (i)   not more than 2.3m above the floor; and
                      (ii) not provided for the purpose of supplying
                           electricity to a luminaire or to electrical equipment
                           with a power rating of not more than 150W.
          (2) Before performing the manufacturing work, a person
              conducting a business or undertaking must have a type 1
              safety switch, or type 2 safety switch, that is not portable,
              installed for the socket-outlet.
               Maximum penalty—15 penalty units.
          (3) Subsection (2) does not apply if the person conducting a
              business or undertaking is exempted under section 109.
109       Exemption for safety switches
               A person conducting a business or undertaking is exempt from
               complying with section 107(1)(b)(i) or 108(2) if—
               (a)    the person conducting the business or undertaking is not
                      the person in control of the electrical equipment to
                      which the safety switch is to be installed to comply with
                      the section; and
               (b)    the person conducting the business or undertaking has
                      been unable to obtain permission from the person in
                      control of the electrical equipment for the installation of
                      the safety switch; and
               (c)    for    an    exemption     from     complying      with
                      section 107(1)(b)(i)—the specified electrical equipment
                      is connected to a type 1 safety switch or type 2 safety
                      switch.
110       Safety switches, including portable safety switches
          (1) A person conducting a business or undertaking must not use,
              or allow to be used, a safety switch unless it complies with
              AS/NZS 3760 (In-service safety inspection and testing of
              electrical equipment) when tested.
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         (2) A person conducting a business or undertaking at a workplace
             must ensure that each safety switch, other than a portable
             safety switch, at the workplace—
               (a)    is tested by a competent person under AS/NZS 3760
                      immediately after it is connected; and
               (b)    is tested under, and at the intervals stated in, AS/NZS
                      3760.
         (3) A person conducting a business or undertaking at a workplace
             must ensure that each portable safety switch the person has at
             the workplace—
               (a)    is tested by pushing the test button on the safety switch
                      immediately after it is connected; and
               (b)    is tested under, and at the intervals stated in, AS/NZS
                      3760.
         (4) If a safety switch is not working properly, the person
             conducting the business or undertaking must ensure—
               (a)    a durable tag is immediately attached to the safety
                      switch that warns people not to use the safety switch;
                      and
               (b)    the safety switch is immediately withdrawn from use.
               Note for subsections (1) to (4)—
                  ES Act—section 30 (see section 8)
Subdivision 5                Service work or office work
111      Application of sdiv 5
               This subdivision applies to the performance of service work
               or office work at a workplace.
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112       Specified electrical equipment
          (1) A person conducting a business or undertaking must ensure
              that specified electrical equipment of the person at the
              workplace is not used to perform work unless—
               (a)    it is inspected and tested by a competent person—
                      (i)   if the equipment is used only for office work—at
                            least once every 5 years; or
                      (ii) otherwise—at least once every year; or
               (b)    it is connected to a type 1 safety switch or a type 2
                      safety switch.
               Examples of specified electrical equipment used to perform service work—
                  •    a portable vacuum cleaner used in a hotel
                  •    a hand held blow dryer used in a hairdressing salon
               Example of specified electrical equipment used to perform office work—
                  a powerboard or extension lead used to supply power to office
                  equipment
          (2) If after inspecting and testing the electrical equipment under
              subsection (1)(a), a competent person decides the equipment
              is safe to use, the person conducting the business or
              undertaking must ensure the competent person immediately
              attaches a durable tag to the equipment that shows the
              prescribed details for the equipment.
          (3) If after inspecting and testing the electrical equipment under
              subsection (1)(a), a competent person decides the equipment
              is not safe to use, the person conducting the business or
              undertaking must ensure—
               (a)    the competent person immediately attaches a durable
                      tag to the equipment that warns people not to use the
                      equipment; and
               (b)    the equipment is immediately withdrawn from use.
          (4) The person conducting the business or undertaking must
              ensure that, for the purposes of the business or undertaking, a
              tag is not attached to specified electrical equipment under
              subsection (2) unless—
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               (a)    the equipment is new; or
               (b)    both of the following apply—
                      (i)   the equipment has been inspected and tested by a
                            competent person;
                      (ii) the tag was attached by the competent person.
               Note for subsections (1) to (4)—
                  ES Act—section 30 (see section 8)
113      Safety switches, including portable safety switches
         (1) A person conducting a business or undertaking must not use,
             or allow to be used, a safety switch unless it complies with
             AS/NZS 3760 (In-service safety inspection and testing of
             electrical equipment) when tested.
         (2) A person conducting a business or undertaking at a workplace
             must ensure that each safety switch, other than a portable
             safety switch, at the workplace—
               (a)    is tested by a competent person under AS/NZS 3760
                      immediately after it is connected; and
               (b)    is tested under, and at the intervals stated in, AS/NZS
                      3760.
         (3) A person conducting a business or undertaking at a workplace
             must ensure that each portable safety switch at the
             workplace—
               (a)    is tested by pushing the test button on the safety switch
                      immediately after it is connected; and
               (b)    is tested under, and at the intervals stated in, AS/NZS
                      3760.
         (4) If a safety switch is not working properly, the person
             conducting the business or undertaking must ensure—
               (a)    a durable tag is immediately attached to the safety
                      switch that warns people not to use the safety switch;
                      and
               (b)    the safety switch is immediately withdrawn from use.
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               Note for subsections (1) to (4)—
                  ES Act—section 30 (see section 8)
Subdivision 6                Amusement work
114       Application of sdiv 6
               This subdivision applies to the performance of amusement
               work at a workplace.
115       Double adaptors and piggyback plugs prohibited
          (1) A person conducting a business or undertaking must not use a
              double adaptor or piggyback plug.
          (2) A person conducting a business or undertaking must ensure
              that workers carrying out work for the person do not use a
              double adaptor or piggyback plug.
               Note for subsections (1) and (2)—
                  ES Act—section 30 (see section 8)
116       Specified electrical equipment
          (1) A person conducting a business or undertaking at a workplace
              must ensure that specified electrical equipment of the person
              is not used to perform work unless—
               (a)    it is inspected and tested by a competent person—
                      (i)   if the equipment is double insulated—at least once
                            every year; or
                      (ii) if the equipment is not double insulated—at least
                           once every 6 months; and
               (b)    it is connected to a type 1 safety switch or type 2 safety
                      switch.
          (2) If after inspecting and testing the electrical equipment under
              subsection (1)(a), a competent person decides the equipment
              is safe to use, the person conducting the business or
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               undertaking must ensure the competent person immediately
               attaches a durable tag to the equipment that shows the
               prescribed details for the equipment.
         (3) If after inspecting and testing the electrical equipment under
             subsection (1)(a), a competent person decides the equipment
             is not safe to use, the person conducting the business or
             undertaking must ensure—
               (a)    the competent person immediately attaches a durable
                      tag to the equipment that warns people not to use the
                      equipment; and
               (b)    the equipment is immediately withdrawn from use.
         (4) The person conducting the business or undertaking must
             ensure that, for the purposes of the business or undertaking, a
             tag is not attached to specified electrical equipment under
             subsection (2) unless—
               (a)    the equipment is new; or
               (b)    both of the following apply—
                      (i)   the equipment has been inspected and tested by a
                            competent person;
                      (ii) the tag was attached by the competent person.
               Note for subsections (1) to (4)—
                  ES Act—section 30 (see section 8)
117      Amusement devices and amusement rides
         (1) A person conducting a business or undertaking at a workplace
             must ensure that all or part of an amusement device or
             amusement ride at the workplace, that is electrical equipment
             connected to the electricity supply by a plug, is not used to
             perform work unless—
               (a)    it is inspected and tested by a competent person—
                      (i)   each time it is assembled on the site where it is
                            intended to be used; and
                      (ii) in any event at least once every 6 months; and
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               (b)    for a device or ride with a current rating of not more
                      than 20 amps—it is connected to a type 1 safety switch
                      or type 2 safety switch.
          (2) An inspection and test under subsection (1)(a) must include
              the competent person—
               (a)    deciding the safety of earthing, insulation and
                      connections; and
               (b)    deciding whether any safety switch complies with
                      AS/NZS 3760 when tested; and
               (c)    making a visual examination to decide the safety of the
                      items of electrical equipment of the device or ride,
                      including cabling, plugs, sockets, light fittings,
                      enclosures and motors.
          (3) If after inspecting and testing the electrical equipment under
              subsection (1)(a), a competent person decides the equipment
              is safe to use, the person conducting the business or
              undertaking must ensure the competent person immediately
              makes a written record of—
               (a)    details of the test; and
               (b)    the prescribed details for the equipment.
          (4) If after inspecting and testing the electrical equipment under
              subsection (1)(a), a competent person decides the equipment
              is not safe to use, the person conducting the business or
              undertaking must ensure—
               (a)    the competent person immediately—
                      (i)   attaches a durable, conspicuous sign to the
                            equipment that warns people not to use the
                            equipment; and
                      (ii) makes a written record of details of the test; and
               (b)    the equipment is immediately withdrawn from use.
          (5) The person conducting the business or undertaking must
              ensure that a written record of the day by which the equipment
              must be reinspected and retested is not made with the
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               authority of the person unless the equipment has been
               inspected and tested by a competent person.
               Note for subsections (1) to (5)—
                  ES Act—section 30 (see section 8)
118      Safety switches, including portable safety switches
         (1) A person conducting a business or undertaking at a workplace
             must not use, or allow to be used, a safety switch unless it
             complies with AS/NZS 3760 when tested.
         (2) A person conducting a business or undertaking must ensure
             that each safety switch, other than a portable safety switch, at
             the workplace—
               (a)    is tested by a competent person in accordance with
                      AS/NZS 3760 immediately after it is connected; and
               (b)    is tested in accordance with, and at the intervals stated
                      in, AS/NZS 3760.
         (3) A person conducting a business or undertaking at a workplace
             must ensure that each portable safety switch at the
             workplace—
               (a)    is tested by pushing the test button on the safety switch
                      immediately after it is connected; and
               (b)    is tested in accordance with, and at the intervals stated
                      in, AS/NZS 3760.
         (4) If a safety switch is not working properly, the person
             conducting the business or undertaking must ensure—
               (a)    a durable tag is immediately attached to the safety
                      switch that warns people not to use the safety switch;
                      and
               (b)    the safety switch is immediately withdrawn from use.
               Note for subsections (1) to (4)—
                  ES Act—section 30 (see section 8)
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Subdivision 7                Rural industry work
119       Application of sdiv 7
               This subdivision applies to the performance of rural industry
               work at a workplace.
120       Requirements for rural industry work
          (1) A person conducting a business or undertaking must ensure
              that—
               (a)    specified electrical equipment used by the person is
                      visually inspected for electrical safety defects before it
                      is connected to a socket-outlet; and
               (b)    if rural industry work is proposed to be performed, the
                      proposed work is assessed to decide whether it involves
                      a stated electrical risk factor; and
               (c)    if the proposed work involves a stated electrical risk
                      factor, control measures are implemented to prevent the
                      electrical risk from the stated electrical risk factor; and
               (d)    if specified electrical equipment is used by the person
                      that involves a stated electrical risk factor, the specified
                      electrical equipment is—
                      (i)   connected to a type 1 safety switch or type 2 safety
                            switch; or
                      (ii) inspected and tested at least annually by a
                           competent person and complies with AS/NZS
                           3760 when tested; and
               (e)    control measures are implemented for the risk of electric
                      shock or burns from electrical welding work performed
                      in the business or undertaking, including the wearing of
                      protective clothing, gloves and footwear.
          (2) If after inspecting and testing the electrical equipment under
              subsection (1)(d)(ii), a competent person decides the
              equipment is safe to use, the person conducting the business
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               or undertaking must ensure the competent person immediately
               attaches a durable tag to the equipment that shows the
               prescribed details.
         (3) If after inspecting and testing the electrical equipment under
             subsection (1)(d)(ii), a competent person decides the
             equipment is not safe to use, the person conducting the
             business or undertaking must ensure—
               (a)    the competent person immediately attaches a durable
                      tag to the equipment that warns people not to use the
                      equipment; and
               (b)    the equipment is immediately withdrawn from use.
         (4) The person conducting the business or undertaking must
             ensure that, for the purposes of the business or undertaking, a
             tag is not attached to specified electrical equipment under
             subsection (2) unless—
               (a)    the equipment is new; or
               (b)    both of the following apply—
                      (i)   the equipment has been inspected and tested by a
                            competent person;
                      (ii) the tag was attached by the competent person.
         (5) In this section—
               personally supported electrical equipment includes hand
               held, or carried, electrical equipment, including, for example,
               a backpack type vacuum cleaner.
               stated electrical risk factor means any of the following—
               (a)    use of plug-in electrical equipment in an unroofed area
                      or wet area, including, for example, a hose down area;
               (b)    use of personally supported electrical equipment if the
                      electrical supply cord is subject to flexing while the
                      equipment is being used;
               (c)    use of plug-in electrical equipment that is exposed to
                      environmental factors that subject the equipment to
                      abnormal wear or deterioration.
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                      Examples of environmental factors that subject equipment to
                      abnormal wear or deterioration—
                            •    corrosive or other damaging dusts
                            •    corrosive chemicals in the air
               Note for subsections (1) to (4)—
                  ES Act—section 30 (see section 8)
Part 7                           In-scope electrical equipment
Division 1                       Preliminary
121       Application of pt 7
               This part applies for the purposes of part 2A of the Act.
122       Definitions for pt 7
               In this part—
               certificate of conformity means a certificate—
               (a)    stating that a type of level 3 in-scope electrical
                      equipment complies with the relevant standard for that
                      type; and
               (b)    issued—
                      (i)       under division 7 or under a recognised external
                                certification scheme; or
                      (ii) under a corresponding law or a scheme provided
                           for under that law.
               date of registration, for registration of a responsible supplier
               of in-scope electrical equipment or of equipment as a type of
               level 2 or 3 in-scope electrical equipment, means the date
               shown in the national register as the date of registration of the
               responsible supplier or type.
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               defining standard means AS/NZS 4417 (Regulatory
               compliance mark for electrical and electronic equipment).
               false declaration includes an incorrect or misleading
               declaration.
               false information             includes        incorrect    or     misleading
               information.
               family, of a type of level 1, 2 or 3 in-scope electrical
               equipment, means items of the type that—
               (a)    have the same basic electrical characteristics and
                      material composition but may differ in dimension,
                      colour or other aspects; and
               (b)    having regard to the relevant standard for the type, are
                      able to be covered by a single test report.
               level 1, for in-scope electrical equipment, see section 125(1).
               level 2, for in-scope electrical equipment, see section 125(2).
               level 3, for in-scope electrical equipment, see section 125(3).
               meets, a relevant standard, means complies with the safety
               requirements, electrical or otherwise, of the standard.
               RCM means the regulatory compliance mark under the
               defining standard.
               registered see section 123.
               registered responsible supplier means a responsible supplier
               of in-scope electrical equipment who is registered.
               relevant person means—
               (a)    an individual who resides in Queensland; or
               (b)    a corporation whose—
                      (i)   registered office under the Corporations Law is in
                            Queensland; or
                      (ii) principal place of business is in Queensland.
               relevant responsible             supplier,        of   in-scope    electrical
               equipment, means—
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               (a)    if the responsible supplier of the in-scope electrical
                      equipment is an individual—an individual who resides
                      in Queensland; or
               (b)    if the responsible supplier of the in-scope electrical
                      equipment is a corporation—a corporation whose—
                      (i)   registered office under the Corporations Law is in
                            Queensland; or
                      (ii) principal place of business is in Queensland.
               relevant standard—
               (a)    for a type of level 1 in-scope electrical equipment, see
                      section 126; or
               (b)    for a type of level 2 or level 3 in-scope electrical
                      equipment, see section 127.
               second-hand, for an item of a type of in-scope electrical
               equipment, means an item of the type that has previously been
               sold, other than by wholesale.
               test report means a document that presents test results and
               other information relevant to the test.
123        Registration for particular purposes
          (1) A responsible supplier is registered if the supplier is recorded
              in the part of the national register that records registered
              responsible suppliers.
          (2) Electrical equipment is registered as a type of level 2 or 3
              in-scope electrical equipment if the equipment is recorded, in
              relation to a registered responsible supplier, as equipment of
              that type in the part of the national register that records
              registered in-scope electrical equipment of that type.
               Note—
                  Level 1 in-scope electrical equipment is not required to be registered
                  under this part.
          (3) In-scope electrical equipment of a particular type is registered
              in relation to a particular registered responsible supplier if it is
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               registered as mentioned in subsection (2) in relation to the
               responsible supplier.
124      Component is not a separate item
         (1) This section applies if an item of a type of in-scope electrical
             equipment includes 2 or more components of types of
             in-scope electrical equipment that are permanently attached to
             the item.
         (2) The components are not separate items of types of in-scope
             electrical equipment for the purposes of registration under
             section 123.
               Example—
                  A type of in-scope electrical equipment, being a refrigerator, includes a
                  number of components each of which, taken separately, is itself an item
                  of a type of in-scope electrical equipment. If a refrigerator of the type is
                  sold, the item sold is the refrigerator. There is not a separate sale of
                  each of the components.
125      Meanings of level 1, level 2 and level 3 in-scope electrical
         equipment
         (1) Electrical equipment is level 1 in-scope electrical equipment if
             it is a type of in-scope electrical equipment that is not
             classified under the defining standard as level 2 or level 3.
         (2) Electrical equipment is level 2 in-scope electrical equipment if
             it is a type of in-scope electrical equipment classified as level
             2 under the defining standard.
         (3) Electrical equipment is level 3 in-scope electrical equipment if
             it is a type of in-scope electrical equipment classified as level
             3 under the defining standard.
         (4) Also, if a type of in-scope electrical equipment is level 1, 2 or
             3 in-scope electrical equipment, each item of the family of the
             type is also level 1, 2 or 3 in-scope electrical equipment.
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126        Meaning of relevant standard for level 1 in-scope
           electrical equipment
          (1) The relevant standard for a type of level 1 in-scope electrical
              equipment is—
               (a)    if there is a Standards Australia or joint Standards
                      Australia and Standards New Zealand standard that
                      applies specifically to the type—that standard together
                      with AS/NZS3820 (Essential safety requirements for
                      electrical equipment); or
               (b)    if there is not a Standards Australia or joint Standards
                      Australia and Standards New Zealand standard that
                      applies specifically to the type and there is an IEC
                      standard that applies specifically to the type—the IEC
                      standard together with AS/NZS3820; or
               (c)    if neither paragraph (a) nor (b) applies—AS/NZS3820.
          (2) In this section—
               IEC standard means an International Electrotechnical
               Commission standard.
127        Meaning of relevant standard for level 2 or 3 in-scope
           electrical equipment
          (1) A standard is a relevant standard for a type of level 2 or level
              3 in-scope electrical equipment if it is a standard—
               (a)    shown in the defining standard as the relevant standard
                      for the type, and the standard can be readily applied to
                      the type; or
               (b)    accepted by the regulator as a standard that can be
                      readily applied to the type; or
               (c)    accepted under a corresponding law as a standard that
                      can be readily applied to the type.
          (2) The acceptance of a standard under subsection (1)(b) or (c)
              has effect subject to compliance with any requirements
              stated—
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               (a)    for subsection (1)(b)—by the regulator as part of the
                      regulator’s acceptance of the standard; or
               (b)    for subsection (1)(c)—as part of the acceptance of the
                      standard under the corresponding law.
Division 2                   Registration of responsible
                             suppliers and levels 2 and 3
                             in-scope electrical equipment
Subdivision 1                Registration of responsible
                             suppliers
128      Responsible supplier may register
         (1) A responsible supplier of in-scope electrical equipment may
             register as a responsible supplier of the in-scope electrical
             equipment.
         (2) However, the responsible supplier is not eligible to register if
             the responsible supplier—
               (a)    does not have an ABN or an IRD; or
               (b)    is ineligible to register under section 141(2).
         (3) As part of the registration process, the responsible supplier
             must—
               (a)    make the responsible supplier’s declaration as required
                      by the equipment safety rules; and
               (b)    pay the registration fee.
         (4) The declaration required by the equipment safety rules must
             include the information mentioned in schedule 3, part 1.
         (5) A relevant person must not, in registering or purporting to
             register as a responsible supplier, give false information or
             make a false declaration.
               Maximum penalty—40 penalty units.
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          (6) In this section—
               ABN (short for ‘Australian Business Number’) has the
               meaning given by the A New Tax System (Australian Business
               Number) Act 1999 (Cwlth), section 41.
               IRD means a tax file number within the meaning of the
               Income Tax Act 2007 (NZ), section YA1.
129        Term of registration
               Registration of a responsible supplier of in-scope electrical
               equipment is for the term of 1 year starting on the date of
               registration unless sooner cancelled.
130        Renewal of registration
               A responsible supplier of in-scope electrical equipment may
               renew the supplier’s registration from time to time by
               registering again under section 128.
131        Responsible supplier must ensure details in national
           register are current
          (1) This section applies if the details of any matter entered by a
              relevant responsible supplier of in-scope electrical equipment
              in the national register relating to the registration of any
              matter change during the term of registration.
          (2) Within 30 days after the change, the relevant responsible
              supplier must correct the details in the national register.
               Maximum penalty—40 penalty units.
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Subdivision 2                Registration of level 2 in-scope
                             electrical equipment
132      Registration
         (1) A registered responsible supplier of a type of level 2 in-scope
             electrical equipment may register the type as level 2 in-scope
             electrical equipment.
         (2) However, the registered responsible supplier is not eligible to
             register the electrical equipment if the responsible supplier is
             ineligible to do so under section 141(3).
         (3) Each registration must relate only to a single type of level 2
             in-scope electrical equipment.
         (4) As part of the registration process, the registered responsible
             supplier must—
               (a)    make the responsible supplier’s level 2 in-scope
                      electrical equipment declaration under the equipment
                      safety rules; and
               (b)    if the compliance folder required to be kept for the type
                      of level 2 in-scope electrical equipment under section
                      148 is not available in the national register—state the
                      address where it is kept; and
               (c)    pay the registration fee.
         (5) The declaration under the equipment safety rules must include
             the information mentioned in schedule 3, part 2.
         (6) A relevant person must not, in registering or purporting to
             register a type of level 2 in-scope electrical equipment, give
             false information or make a false declaration.
               Maximum penalty for subsection (6)—40 penalty units.
133      Term of registration
         (1) Registration of a type of level 2 in-scope electrical equipment
             is for the term of 1, 2 or 5 years starting on the date of
             registration unless it is sooner cancelled.
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          (2) Subsection (3) applies if the responsible supplier’s registration
              lapses for a period during the term of the electrical
              equipment’s registration.
          (3) The electrical equipment’s registration is suspended during
              that period.
134        Renewal of registration
               A registered responsible supplier may renew the registration
               of a type of level 2 in-scope electrical equipment from time to
               time by registering it again under section 132.
Subdivision 3                 Registration of level 3 in-scope
                              electrical equipment
135        Registration
          (1) A registered responsible supplier of a type of level 3 in-scope
              electrical equipment may register the type as level 3 in-scope
              electrical equipment.
          (2) However, the registered responsible supplier is not eligible to
              carry out the registration if the responsible supplier is
              ineligible to do so under section 141(3).
          (3) Each registration must relate only to a single type of level 3
              in-scope electrical equipment.
          (4) As part of the registration process, the registered responsible
              supplier must—
               (a)    identify a certificate of conformity applicable to the type
                      of level 3 in-scope electrical equipment; and
               (b)    make the responsible supplier’s level 3 in-scope
                      electrical equipment declaration under the equipment
                      safety rules; and
               (c)    pay the registration fee.
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         (5) The declaration under the equipment safety rules must include
             the information mentioned in schedule 3, part 3.
         (6) A relevant person must not, in registering or purporting to
             register a type of level 3 in-scope electrical equipment, give
             false information or make a false declaration.
               Maximum penalty for subsection (6)—40 penalty units.
136      Term of registration
         (1) Registration of a type of level 3 in-scope electrical equipment
             is for the term of 1, 2 or 5 years starting on the date of
             registration unless it is sooner cancelled.
         (2) However, the term of registration must not be longer than the
             term for which the certificate of conformity applying to the
             type and identified under section 135(4)(a) is current at the
             time of registration.
         (3) Also, if the certificate of conformity is cancelled the term of
             registration ends.
         (4) Subsection (5) applies if the responsible supplier’s registration
             lapses for a period during the term of the electrical
             equipment’s registration.
         (5) The electrical equipment’s registration is suspended during
             that period.
137      Renewal of registration
               A registered responsible supplier may renew the registration
               of a type of level 3 in-scope electrical equipment from time to
               time by registering it again under section 135.
Subdivision 4                Acts or omissions
138      Relevant person may be punished only once
         (1) This section applies if—
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               (a)    an act or omission of a relevant person is an offence
                      against section 128(5), 131(2), 132(6) or 135(6) and
                      also under a corresponding law; and
               (b)    the relevant person is punished for the offence under the
                      corresponding law.
          (2) The relevant person must not be punished for the same
              offence under this regulation.
Subdivision 5                 Cancellation of registration
139        Grounds for cancelling registration of responsible
           supplier or level 2 or 3 in-scope electrical equipment
          (1) The following are grounds for cancelling the registration of a
              responsible supplier’s in-scope electrical equipment—
               (a)    the responsible supplier commits an offence against the
                      Act or this regulation;
               (b)    the responsible supplier contravenes a requirement of a
                      recall order;
               (c)    the responsible supplier is a relevant responsible
                      supplier and the registration was obtained by giving
                      false information or making a false declaration;
               (d)    the registration of a type of level 2 or 3 in-scope
                      electrical equipment registered in relation to the
                      responsible supplier is cancelled under section 142.
          (2) The following are grounds for cancelling the registration in
              relation to a registered responsible supplier of a type of level 2
              or 3 in-scope electrical equipment—
               (a)    the responsible supplier commits an offence against the
                      Act or this regulation in relation to the type;
               (b)    the responsible supplier contravenes a requirement of a
                      recall order relating to the type;
               (c)    the responsible supplier is a relevant responsible
                      supplier and—
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                      (i)   electrical equipment of the type does not meet the
                            relevant standard that was the relevant standard for
                            the type at the time the type was registered; or
                      (ii) the relevant standard for the type changed after the
                           type was registered because of safety concerns
                           relating to the type and the type does not meet the
                           current relevant standard for the type; or
                      (iii) an item of electrical equipment of the type is, or is
                            likely to be or to become, dangerous in normal use;
                            or
                      (iv) the registration was obtained by giving false
                           information or making a false declaration.
140      Procedure before cancellation
         (1) This section applies if the regulator considers a ground exists
             under section 139 to cancel the registration of a matter.
         (2) The regulator must, before taking the action, give the
             responsible supplier of in-scope electrical equipment written
             notice—
               (a)    stating that the regulator is considering cancelling the
                      registration; and
               (b)    stating each ground for the proposed cancellation; and
               (c)    outlining the facts and circumstances forming the basis
                      for each ground; and
               (d)    inviting the responsible supplier to show, within a stated
                      period of at least 28 days, why the registration should
                      not be cancelled.
141      Cancellation
         (1) If, after considering all written representations (if any) made
             by the responsible supplier of in-scope electrical equipment
             within the stated time, the regulator still considers a ground
             exists to cancel the registration, the regulator may cancel the
             registration.
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          (2) If a responsible supplier’s registration is cancelled under this
              section, the responsible supplier is not eligible to register
              again for the period of 1 year starting on the day the
              registration is cancelled.
          (3) If the registration of a type of level 2 or 3 in-scope electrical
              equipment registered in relation to a registered responsible
              supplier is cancelled under this section, the responsible
              supplier is not eligible to again register the type for the period
              of 12 months starting on the date of cancellation.
          (4) If the regulator cancels a registration under this section, the
              regulator must—
               (a)    notify the cancellation—
                      (i)   by publishing notice of the cancellation in a
                            newspaper circulating throughout Australia and, if
                            New Zealand is a participating jurisdiction, in a
                            newspaper circulating throughout New Zealand;
                            and
                      (ii) by recording notice of the cancellation in the
                           national register; and
               (b)    give the responsible supplier an information notice for
                      the decision to cancel the registration.
          (5) The information notice must state the period for which the
              responsible supplier is not eligible to—
               (a)    register; or
               (b)    register the type of level 2 or 3 in-scope electrical
                      equipment.
142        Cancellation at responsible supplier’s request
               The regulator must, by notice recorded in the national register,
               cancel the registration of a responsible supplier of in-scope
               electrical equipment, or the registration in relation to a
               responsible supplier of a type of level 2 or 3 in-scope
               electrical equipment, if asked to do so by the responsible
               supplier.
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Division 3                   Sales of in-scope electrical
                             equipment
143      Sale of level 1 in-scope electrical equipment by
         responsible supplier
         (1) A responsible supplier of a type of level 1 in-scope electrical
             equipment must not sell an item of the type unless—
               (a)    the responsible supplier is a registered responsible
                      supplier; and
               (b)    the item meets the relevant standard for the type as in
                      force—
                      (i)   if the responsible supplier is a manufacturer of the
                            type—at the time the item was manufactured by
                            the responsible supplier; or
                      (ii) if the responsible supplier is an importer of the
                           type—at the time the item was imported by the
                           responsible supplier; and
               (c)    the item is electrically safe.
               Maximum penalty—40 penalty units.
         (2) It is a defence for the responsible supplier to prove that the
             responsible supplier obtained the item from a registered
             responsible supplier.
               Example for subsection (2)—
                  This example assumes New Zealand is a participating jurisdiction.
                  A New Zealand responsible supplier (company A) is a registered
                  responsible supplier. Company A imports level 1 in-scope electrical
                  equipment into New Zealand from the United Kingdom. Company B is
                  an Australian company that purchases the level 1 in-scope electrical
                  equipment from company A and imports it into Australia. Company B,
                  although a responsible supplier, is not a registered responsible supplier.
                  If company B were charged with an offence against subsection (1) in
                  relation to its sale of an item of the equipment, it would be a defence for
                  company B to prove that it obtained the item from company A who is a
                  registered responsible supplier.
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144        Sale of level 2 or 3 in-scope electrical equipment by
           responsible supplier
          (1) A responsible supplier of a type of level 2 or 3 in-scope
              electrical equipment must not sell an item of the type unless—
               (a)    the responsible supplier is a registered responsible
                      supplier; and
               (b)    the type is registered in relation to the responsible
                      supplier; and
               (c)    the item meets the relevant standard for the type as at the
                      time the type became registered as mentioned in
                      paragraph (b); and
               (d)    the item is electrically safe.
               Maximum penalty—40 penalty units.
          (2) It is a defence for the responsible supplier to prove—
               (a)    that—
                      (i)   the responsible supplier obtained the item from a
                            registered responsible supplier; and
                      (ii) the type of in-scope electrical equipment to which
                           the item belongs was, at the time of the alleged
                           offence, registered in relation to the registered
                           responsible supplier; or
               (b)    that, at the time of the alleged offence—
                      (i)   the responsible supplier was, under the
                            Corporations Act, a related body corporate of a
                            New Zealand registered responsible supplier; and
                      (ii) the type of in-scope electrical equipment to which
                           the item belongs was registered in relation to the
                           New Zealand registered responsible supplier.
          (3) In this section—
               New Zealand registered responsible supplier means a
               registered responsible supplier that is, under the Companies
               Act 1993 (NZ)—
               (a)    a company; or
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               (b)    an overseas company carrying on business in New
                      Zealand.
               Example for subsection (2)(a)—
                  This example assumes New Zealand is a participating jurisdiction.
                  A New Zealand responsible supplier (company A) is a registered
                  responsible supplier and a type of level 2 in-scope electrical equipment
                  is registered in the national register in relation to company A. Company
                  A imports level 2 in-scope electrical equipment of that type into New
                  Zealand from the United Kingdom. Company B is an Australian
                  company that purchases the level 2 in-scope electrical equipment from
                  company A and imports it into Australia. Company B, although a
                  responsible supplier, is not a registered responsible supplier.
                  If company B were charged with an offence against subsection (1) in
                  relation to its sale of an item of the equipment, it would be a defence for
                  company B to prove that it obtained the item from company A who is a
                  registered responsible supplier and that the type of in-scope electrical
                  equipment to which the item belonged was, at the time of the alleged
                  offence, registered in the national register in relation to company A.
145      Sale of in-scope electrical equipment—general
         (1) A person must not sell an item of a type of level 1, 2 or 3
             in-scope electrical equipment unless the item is marked with
             the RCM in compliance with the defining standard.
               Maximum penalty—20 penalty units.
         (2) A person must not sell an item of a relevant type if—
               (a)    the item was purchased by the person for the purpose of
                      resale; and
               (b)    when the person purchased the item, the relevant type
                      was not registered in relation to a registered responsible
                      supplier.
               Maximum penalty—20 penalty units.
         (3) Subsection (4) applies in relation to a prosecution of an
             offence against subsection (2) in which the issue is raised that
             the person had an honest and reasonable but mistaken belief
             that the type was registered in relation to a registered
             responsible supplier based on reasonable monitoring by the
             person of the national register.
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          (4) In deciding whether the monitoring of the national register
              was reasonable, regard may be had to the nature of the item
              and the nature of the person’s business in relation to the item.
          (5) For subsection (1), it is sufficient if the mark is on the item’s
              labelling or packaging in compliance with the defining
              standard.
          (6) Subsection (1) or (2) does not apply if—
               (a)    the person is a responsible supplier of the type of
                      in-scope electrical equipment; or
               (b)    the item is a second-hand item.
          (7) In this section—
               relevant type means a type of level 2 or 3 in-scope electrical
               equipment that, after the commencement of subsection (2), is
               manufactured in, or imported into, Australia or, if New
               Zealand is a participating jurisdiction, New Zealand.
146        Sale of plug etc. with level 1 or 2 in-scope electrical
           equipment
          (1) This section applies if—
               (a)    a relevant item of a type of level 3 in-scope electrical
                      equipment is sold for use with an item of a type of level
                      1 or 2 in-scope electrical equipment; and
               (b)    at the time of sale, there is a current certificate of
                      conformity that applies to the relevant item recorded in
                      the national register.
          (2) For the purpose of the sale, the type of level 3 in-scope
              electrical equipment is not required to be registered.
          (3) Subsection (2) applies despite any other provision of this part.
          (4) In this section—
               relevant item means a plug, flexible supply cord or appliance
               connector, as defined in the defining standard.
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Division 4                   Evidence of compliance with
                             relevant standards
Subdivision 1                Level 1 in-scope electrical
                             equipment
147      Responsible supplier to keep evidence
         (1) This section applies to a responsible supplier of a type of level
             1 in-scope electrical equipment who sells an item of the type.
         (2) The responsible supplier must, for the prescribed period, keep
             documentary evidence, in English, proving that items of the
             type meet the relevant standard for the type as in force—
               (a)    if the responsible supplier is a manufacturer of the
                      type—at the time the item was manufactured by the
                      responsible supplier; or
               (b)    if the responsible supplier is an importer of the type—at
                      the time the item was imported by the responsible
                      supplier.
               Maximum penalty—40 penalty units.
               Note—
                  It is the responsibility of the responsible supplier to ascertain the
                  relevant standard applying to the type under section 126.
         (3) It is a defence for the responsible supplier to prove that the
             responsible supplier obtained the item from a registered
             responsible supplier.
               Example for subsection (3)—
                  This example assumes New Zealand is a participating jurisdiction.
                  A New Zealand responsible supplier (company A) is a registered
                  responsible supplier. Company A imports level 1 in-scope electrical
                  equipment into New Zealand from the United Kingdom. Company B is
                  an Australian company that purchases the level 1 in-scope electrical
                  equipment from company A and imports it into Australia. Company B,
                  although a responsible supplier, is not a registered responsible supplier.
                  Also, company B does not keep the evidence mentioned in
                  subsection (2) for items of the type.
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                  If company B were charged with an offence against subsection (1) in
                  relation to its sale of an item of the equipment, it would be a defence for
                  company B to prove that it obtained the item from company A who is a
                  registered responsible supplier.
          (4) In this section—
               keep, documentary evidence, means hold the evidence or be
               able to access it within10 business days.
               prescribed period means 5 years starting on the day the type is
               last manufactured or imported by the responsible supplier.
Subdivision 2                 Level 2 in-scope electrical
                              equipment
148        Registered responsible supplier must keep compliance
           folder
          (1) This section applies to a registered responsible supplier who
              sells items of a type of level 2 in-scope electrical equipment
              registered in relation to the responsible supplier.
          (2) The registered responsible supplier must, for the prescribed
              period, keep a compliance folder proving that the type meets
              the relevant standard as in force when the type was registered.
               Maximum penalty—40 penalty units.
          (3) A compliance folder is a document recording evidence in
              English, that must include test reports completed by an
              approved testing entity or a suitably qualified person,
              confirming that the type meets the relevant standard
              mentioned in subsection (2).
          (4) A compliance folder may be kept in electronic form.
          (5) In this section—
               keep, a compliance folder, means—
               (a)    have the folder available in the national register; or
               (b)    hold the folder or be able to access it within 10 business
                      days.
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               prescribed period means the term of the registration of the
               type of level 2 in-scope electrical equipment plus 5 years.
               suitably qualified person means an individual who has—
               (a)    a degree qualification in electrical engineering and at
                      least 2 years experience in the use of electrical
                      equipment safety standards for regulatory purposes; or
               (b)    an advanced diploma or equivalent qualification in an
                      electrical discipline and at least 3 years experience in the
                      use of electrical equipment safety standards for
                      regulatory purposes; or
               (c)    a trade qualification in an electrical discipline and at
                      least 4 years experience in the use of electrical
                      equipment safety standards for regulatory purposes.
Subdivision 3                Level 3 in-scope electrical
                             equipment
149      Registered responsible supplier must keep certificate of
         conformity
         (1) This section applies to a registered responsible supplier who
             sells a type of level 3 in-scope electrical equipment that is
             registered in relation to the responsible supplier.
         (2) The responsible supplier must keep a current certificate of
             conformity for the type.
               Maximum penalty—40 penalty units.
         (3) In this section—
               keep, a current certificate of conformity, means hold the
               certificate or be able to access it within 10 business days.
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Division 5                    Effect of reclassification of in-scope
                              electrical equipment
150        Effect of reclassification
          (1) This section applies if—
               (a)    a type of level 1 or 2 in-scope electrical equipment is
                      reclassified to a higher level; and
               (b)    immediately before the reclassification happens, a
                      responsible supplier of that type was selling items of the
                      type.
          (2) For the period of 1 year starting on the day the reclassification
              has effect, divisions 3 and 4 apply to the sale by the
              responsible supplier of items of that type as if the
              reclassification had not happened.
          (3) In this section—
               reclassified to a higher level—
               (a)    for a type of level 1 in-scope electrical equipment,
                      means that type is classified by the defining standard as
                      level 2 or 3; or
               (b)    for a type of level 2 in-scope electrical equipment,
                      means that type is reclassified by the defining standard
                      from level 2 to level 3.
Division 6                    Marking of in-scope electrical
                              equipment
151        Responsible supplier must not sell unmarked item of
           in-scope electrical equipment
          (1) A responsible supplier of a type of level 1, 2 or 3 in-scope
              electrical equipment must not sell an item of the type unless
              the item is marked with the RCM in compliance with the
              defining standard.
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               Maximum penalty—40 penalty units.
         (2) For subsection (1), it is sufficient if the mark is on the item’s
             labelling or packaging in compliance with the defining
             standard.
152      Person must not mark in-scope electrical equipment that
         does not meet relevant standard
         (1) A person must not mark an item of a type of level 1, 2 or 3
             in-scope electrical equipment with the RCM unless the item
             meets the relevant standard for the type.
               Maximum penalty—40 penalty units.
         (2) In this section—
               mark, an item of a type of level 1, 2 or 3 in-scope electrical
               equipment, includes mark the item’s labelling or packaging.
153      Mark for use in exceptional circumstances
         (1) The regulator may approve a mark, other than the RCM, for
             use in exceptional circumstances.
         (2) A person does not commit an offence under section 145(1) or
             151 in relation to the sale of an item of a type of in-scope
             electrical equipment if the item is marked as required by the
             approval given under subsection (1).
         (3) Also, a person does not commit an offence under
             section 145(1) or 151 in relation to the sale of an item of a
             type of in-scope electrical equipment if—
               (a)    the item is marked with a mark, other than the RCM,
                      approved under a corresponding law for use in
                      exceptional circumstances; and
               (b)    the item is marked as required by that approval.
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Division 7                    Certificates of conformity issued by
                              regulator
Subdivision 1                 Applications and terms
154        Application for certificate of conformity
          (1) A person may apply to the regulator for a certificate of
              conformity for a type of level 3 in-scope electrical equipment.
          (2) The application must be—
               (a)    in the approved form; and
               (b)    accompanied by—
                      (i)   a test report from an approved testing entity; and
                      (ii) an item of the type or colour images showing the
                           internal and external construction of an item of the
                           type; and
                      (iii) technical documentation                   which       adequately
                            describes the type; and
               (c)    accompanied by the fee for the application.
          (3) The regulator may require the applicant to provide—
               (a)    an item of the type if colour images provided are not
                      adequate; or
               (b)    additional information about the type.
          (4) The regulator may exempt the applicant from the requirement
              to provide any of the items referred to in subsection (2)(b)
              if—
               (a)    the regulator has previously issued a certificate of
                      conformity to another person in relation to the type; or
               (b)    in the circumstances the regulator is of the reasonable
                      opinion that it is not necessary for any of those items to
                      be provided.
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155      Regulator may issue certificate of conformity
         (1) If the regulator approves the application, the regulator may
             issue a certificate of conformity for the type of level 3
             in-scope electrical equipment.
         (2) If the regulator refuses to approve the application, the
             regulator must give the applicant an information notice for the
             decision to refuse.
156      Term of certificate
               A certificate of conformity issued under this division remains
               in force for the period stated in the certificate, that is not more
               than 5 years, unless it is sooner cancelled.
Subdivision 2                Modifications, renewals and
                             transfers
157      Modification of certificate of conformity—change of
         name or model
         (1) This section applies if the holder of a certificate of conformity
             for a type of level 3 in-scope electrical equipment issued
             under this division proposes to vary the brand name or model
             designation that is specified on the certificate for the type.
         (2) The holder may apply to the regulator for modification of the
             certificate.
         (3) The application must be—
               (a)    in the approved form; and
               (b)    accompanied by the fee for the application.
         (4) The regulator may require the applicant to provide—
               (a)    an item of the type or colour images showing the
                      internal and external construction of an item of the type;
                      or
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               (b)    documentation that adequately describes the proposed
                      variation.
          (5) The regulator may modify a certificate of conformity and
              issue a modified certificate if satisfied the variation does not
              affect the compliance of the type with the relevant standard to
              which the type was tested.
          (6) If the regulator refuses to modify the certificate, the regulator
              must give the applicant an information notice for the decision
              to refuse.
158        Modification of certificate of conformity—other than a
           change of name or model
          (1) This section applies if the holder of a certificate of conformity
              for a type of level 3 in-scope electrical equipment issued
              under this division proposes to make any modification to the
              equipment, other than a modification described in section 157,
              that would not result in the creation of a new type of
              equipment.
          (2) The holder may apply to the regulator for the modification of
              the certificate.
          (3) The application must be—
               (a)    in the approved form; and
               (b)    accompanied by—
                      (i)   a test report relating to the modified in-scope
                            electrical equipment from an approved testing
                            entity; and
                      (ii) an item of the type or colour images showing the
                           internal and external construction of an item of the
                           type; and
                      (iii) technical documentation that adequately describes
                            the modified in-scope electrical equipment; and
               (c)    accompanied by the fee for the application.
          (4) The regulator may require the applicant to provide—
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               (a)    an item of the type if colour images provided are not
                      adequate; or
               (b)    additional information about the modified electrical
                      equipment.
         (5) The regulator may exempt the applicant from the requirement
             to provide a test report under subsection (3)(b)(i) if the
             regulator is satisfied the modification will not affect the safety
             of the type.
         (6) The regulator may waive or rebate the payment of the fee for
             the modification of the certificate if the regulator, under
             subsection (5), exempts the applicant from the requirement to
             provide a test report.
         (7) The regulator may modify a certificate of conformity and
             issue a modified certificate if satisfied the modification to the
             type would not result in the creation of a new type of in-scope
             electrical equipment.
         (8) If the regulator refuses to modify the certificate, the regulator
             must give the applicant an information notice for the decision
             to refuse.
159      Renewal of certificate of conformity
         (1) A person who holds a certificate of conformity issued under
             this division may apply to the regulator for renewal of the
             certificate and the issue of a new certificate.
         (2) The application must be—
               (a)    in the approved form; and
               (b)    accompanied by a declaration by the applicant, or a
                      person authorised by the applicant, stating whether or
                      not—
                      (i)   the type of level 3 in-scope electrical equipment to
                            which the current certificate relates has been
                            modified since the certificate was issued or
                            modified; and
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                      (ii) the relevant standard to which the type was tested
                           has changed since the current certificate was issued
                           or modified; and
               (c)    accompanied by the fee for the application.
          (3) The regulator may renew the certificate and issue a new
              certificate of conformity if satisfied—
               (a)    the type of level 3 in-scope electrical equipment has not
                      been modified; and
               (b)    the relevant standard to which that type was tested has
                      not changed since the current certificate was issued or
                      the certificate relating to that type was modified.
          (4) If the regulator refuses to renew the certificate, the regulator
              must give the applicant an information notice for the decision
              to refuse.
160        Transfer of certificate
          (1) The holder of a certificate of conformity issued under this
              division who proposes to transfer the certificate to another
              person may apply to the regulator to have the certificate
              amended to refer to the name of the person to whom the
              certificate is to be transferred (the transferee).
          (2) The application must be—
               (a)    in the approved form; and
               (b)    accompanied by—
                      (i)   the certificate to be transferred; and
                      (ii) a statement, signed by the transferee, that the
                           transferee consents to the transfer; and
                      (iii) the fee for the application.
          (3) The regulator may issue a certificate of conformity to the
              transferee if the holder complies with the requirements under
              subsection (2).
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         (4) If the regulator refuses to grant the application, the regulator
             must give the applicant an information notice for the decision
             to refuse.
Subdivision 3                Cancellation
161      Grounds for cancelling certificate of conformity
               Each of the following is a ground for cancelling a certificate
               of conformity for a type of level 3 in-scope electrical
               equipment issued under this division—
               (a)    an item of the type does not meet the relevant standard
                      for the type;
               (b)    an item of the type is, or is likely to be or to become,
                      dangerous in normal use;
               (c)    the certificate was obtained by misleading information;
               (d)    an item of the type, or purportedly of the type, is found,
                      on examination by the regulator, to be substantially
                      different from the type as described in—
                      (i)   the certificate; or
                      (ii) a test report forming the basis for the issuing of the
                           certificate;
               (e)    the holder of the certificate contravenes the Act or this
                      regulation.
162      Procedure before cancellation
         (1) If the regulator considers a ground exists under section 161 to
             cancel the certificate of conformity for a type of level 3
             in-scope electrical equipment, the regulator must, before
             taking the action, give the holder of the certificate written
             notice—
               (a)    stating that the regulator is considering cancelling the
                      certificate; and
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               (b)    stating each ground for the proposed cancellation; and
               (c)    outlining the facts and circumstances forming the basis
                      for each ground; and
               (d)    inviting the holder to show, within a stated period of at
                      least 28 days, why the certificate should not be
                      cancelled.
          (2) If, after considering all written representations made by the
              holder of the certificate within the stated time, the regulator
              still considers a ground exists to cancel the certificate, the
              regulator may cancel the certificate.
          (3) If the regulator cancels the certificate, the regulator must—
               (a)    give the holder of the certificate an information notice
                      for the decision to cancel; and
               (b)    notify the cancellation by gazette notice stating the day
                      of cancellation.
163        Cancellation at certificate holder’s request
               The regulator must cancel a certificate of conformity for a
               type of level 3 in-scope electrical equipment issued under this
               division if the holder of the certificate asks the regulator to
               cancel it.
164        Certificate of conformity holder to return certificate if
           cancelled
               Within 14 days after receiving notice of cancellation of a
               certificate of conformity, the holder of the certificate must
               give the regulator the certificate of conformity unless the
               holder has a reasonable excuse.
               Maximum penalty—10 penalty units.
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Subdivision 4                Information to be recorded in the
                             national register
165      Information to be recorded in national register
         (1) The regulator must ensure that, for each certificate of
             conformity issued under this division, or for each
             modification, renewal or transfer of a certificate of conformity
             under this division, the information required by the equipment
             safety rules is recorded in the national register.
         (2) The regulator must also ensure particulars of the cancellation
             of a certificate of conformity under this division are recorded
             in the national register.
Division 8                   Recognised external certification
                             schemes—Act, section 48J
Subdivision 1                Preliminary
166      Definitions for div 8
               In this division—
               declaration holder means the person who conducts a declared
               scheme.
               declared scheme see section 167.
Subdivision 2                Applications and terms
167      Application for regulator’s declaration of scheme
         (1) A person who conducts a scheme for the certification of types
             of in-scope electrical equipment may apply to the regulator
             for the scheme to be declared a recognised external
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               certification scheme under section 48J of the Act (a declared
               scheme).
          (2) The application must be—
               (a)    in the approved form; and
               (b)    accompanied by—
                      (i)   the fee for the application; and
                      (ii) evidence that the applicant is—
                            (A)        accredited by the Joint Accreditation System
                                       of Australia and New Zealand as competent
                                       to certify that types of in-scope electrical
                                       equipment meet relevant standards; or
                            (B)        appropriately designated, under a mutual
                                       recognition arrangement or a free trade
                                       agreement to which Australia is a party, as
                                       competent to certify that types of in-scope
                                       electrical equipment meet relevant standards;
                                       and
                      (iii) the applicant’s written agreement that when
                            certifying types of level 3 in-scope electrical
                            equipment the applicant will do so under the
                            equipment safety rules; and
                      (iv) the other documents and information required by
                           the regulator.
168        Intention to make declaration must be advertised
          (1) This section applies if the regulator is intending to grant the
              application.
          (2) Before finally deciding the application, the regulator must
              publish a notice indicating the regulator’s intention to declare
              the scheme to be a recognised external certification scheme.
          (3) The notice must state a period of at least 14 days during which
              written submissions may be made to the regulator about the
              proposed declaration (the submission period).
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         (4) The notice must be published in—
               (a)    a newspaper circulating generally in the State; or
               (b)    if the types of in-scope electrical equipment concerned
                      would typically be sold only to a particular section of
                      the public—a newspaper or other publication circulating
                      generally to that section of the public; or
               (c)    if the types of in-scope electrical equipment concerned
                      would typically be sold only in a particular part of the
                      State—a newspaper or other publication circulating
                      generally in that part.
         (5) During the submission period, a person may make a written
             submission to the regulator about the proposed declaration.
         (6) Before finally deciding the application, the regulator must
             consider all submissions received under subsection (5).
169      Decision about application
         (1) The regulator may decide to grant or refuse to grant the
             application.
               Note—
                  If the regulator grants the application, the regulator must, under
                  section 48J of the Act, declare the scheme to be a recognised external
                  certification scheme.
         (2) If the regulator refuses to grant the application, or grants the
             application and imposes conditions on the declared scheme,
             the regulator must give the applicant an information notice for
             the decision to refuse or to impose conditions.
170      Term of declared scheme
               The term of a declared scheme is the period of not more than 5
               years stated in the regulator’s declaration of the scheme.
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Subdivision 3                 Conditions
171        Regulator may impose conditions on declared scheme
          (1) The regulator may impose conditions on a declared scheme.
          (2) Without limiting subsection (1), a condition may restrict the
              types of in-scope electrical equipment that may be certified
              under the scheme.
          (3) Conditions applying to a declared scheme under this section
              when the scheme is declared under section 48J of the Act
              must be stated in the declaration.
172        Condition imposed by regulation
               It is a condition of each declared scheme that the declaration
               holder must—
               (a)    pay the annual fee for the declaration by each
                      anniversary of the scheme’s declaration; and
               (b)    for each certificate of conformity issued by the
                      declaration holder, or for each modification, renewal or
                      transfer of a certificate of conformity approved by the
                      declaration holder—record the information required by
                      the equipment safety rules in the national register within
                      3 business days after issuing the certificate or granting
                      the approval; and
               (c)    for each certificate of conformity cancelled by the
                      declaration holder—record information about the
                      cancellation in the national register within 3 business
                      days after cancelling the certificate.
173        Amendment of conditions imposed by regulator
          (1) The regulator may amend the conditions imposed on a
              declared scheme by the regulator by revoking or varying the
              conditions or imposing new conditions.
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         (2) The regulator may act under subsection (1) on the regulator’s
             own initiative or at the request of the declaration holder.
         (3) The revocation of conditions, or the amendment of conditions
             at the request of the declaration holder, has effect when
             written notice of the amendment is given to the declaration
             holder.
         (4) If the regulator refuses to amend the conditions as requested
             by the declaration holder, the regulator must give the
             declaration holder an information notice for the decision to
             refuse.
174      Acting on regulator’s own initiative—general
         (1) Subject to section 175, the regulator must not act, to amend
             the conditions by varying them or imposing new conditions,
             on the regulator’s own initiative without first giving the
             declaration holder a notice—
               (a)    stating details of the proposed amendment; and
               (b)    inviting the declaration holder to make written
                      submissions about the proposal within a stated time of at
                      least 7 days.
         (2) The regulator must consider all submissions received from the
             declaration holder under subsection (1)(b).
         (3) If, after considering the submissions (if any), the regulator is
             of the opinion that the conditions of the declared scheme
             should be amended as mentioned in subsection (1)(a), the
             regulator may amend the conditions by written notice given to
             the declaration holder.
         (4) The amendment has effect when the notice is given to the
             declaration holder.
         (5) If the regulator amends the conditions, the regulator must give
             the declaration holder an information notice for the decision
             to amend.
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175        Acting on regulator’s own initiative—electrical risk
          (1) This section applies if the regulator considers that a type of
              level 1, 2 or 3 in-scope electrical equipment certified by a
              declaration holder is placing, or will place, persons or
              property at electrical risk.
          (2) The regulator may amend the conditions applying to the
              declared scheme, other than the condition imposed under
              section 172, by written notice given to the declaration holder.
          (3) The amendment has effect when the notice is given to the
              declaration holder.
          (4) If the regulator amends the conditions, the regulator must give
              the declaration holder an information notice for the decision
              to amend.
Subdivision 4                 Cancellation
176        Grounds for cancelling declaration
               Each of the following is a ground for cancelling the
               declaration of a declared scheme—
               (a)    the declaration holder contravened a condition of the
                      declared scheme;
               (b)    the declaration of the scheme was obtained by giving
                      false information.
177        Procedure before cancellation
          (1) If the regulator considers a ground exists under section 176 to
              cancel the declaration of a declared scheme, the regulator
              must, before taking the action, give the declaration holder
              written notice—
               (a)    stating that the regulator is considering cancelling the
                      declaration; and
               (b)    stating each ground for the proposed cancellation; and
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               (c)    outlining the facts and circumstances forming the basis
                      for each ground; and
               (d)    inviting the declaration holder to make written
                      submissions, within a stated time of at least 7 days, as to
                      why the declaration should not be cancelled.
         (2) The regulator must consider all submissions received from the
             declaration holder under subsection (1)(d).
         (3) If, after considering the submissions (if any) the regulator still
             considers a ground exists to cancel the declaration, the
             regulator may cancel the declaration by written notice given to
             the declaration holder.
         (4) The cancellation takes effect on the day the notice is given to
             the declaration holder.
         (5) If the regulator cancels the declaration, the regulator must give
             the declaration holder an information notice for the decision
             to cancel.
178      Cancellation at declaration holder’s request
               The regulator must cancel the declaration of a declared
               scheme if the declaration holder asks for the cancellation.
Subdivision 5                Other provisions
179      Reporting requirements for declaration holder
         (1) The regulator may, by written notice given to a declaration
             holder, require the holder to provide the regulator with any of
             the following—
               (a)    reports or particulars, about the number and nature of
                      certificates given under the declared scheme, as stated in
                      the notice and at the times stated in the notice;
               (b)    reports, particulars or other information about the level
                      of compliance with the conditions imposed on the
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                      declared scheme under this division, as stated in the
                      notice and at the times stated in the notice.
          (2) The declaration holder must comply with the notice.
               Maximum penalty for subsection (2)—40 penalty units.
180        Declaration holder must comply with equipment safety
           rules
               A declaration holder, in certifying a type of level 3 in-scope
               electrical equipment under a declared scheme, must comply
               with the equipment safety rules.
               Maximum penalty—40 penalty units.
Division 9                    Regulator may require testing of
                              item of level 1, 2 or 3 in-scope
                              electrical equipment
181        Regulator may require item of in-scope electrical
           equipment to be submitted
               If the regulator considers it necessary or appropriate for the
               maintenance of electrical safety, the regulator may decide to
               have an item of a type of level 1, 2 or 3 in-scope electrical
               equipment tested and examined to see whether it meets the
               relevant standard for the type.
182        Procedure for obtaining item of in-scope electrical
           equipment for testing
          (1) If the regulator decides to have an item of a type of level 1, 2
              or 3 in-scope electrical equipment tested and examined, the
              regulator may—
               (a)    for an item of a type of level 2 or 3 in-scope electrical
                      equipment—
                      (i)   by written notice, require a registered responsible
                            supplier in relation to whom the type is registered
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                                                          Part 7 In-scope electrical equipment
                                                                                       [s 183]
                            to give the regulator items of the type for testing
                            and examining within a stated reasonable time; or
                      (ii) require an inspector to select, for testing and
                           examining, items of the type from a place where a
                           registered responsible supplier in relation to whom
                           the type is registered has them stored and give
                           them to the regulator within a stated reasonable
                           time; or
               (b)    in any case—buy, for testing and examining, items of
                      the type at any place where they are offered for sale.
         (2) If   the    regulator     makes      a   requirement     under
             subsection (1)(a)(i), the registered responsible supplier must
             take all steps that are reasonable in the circumstances to
             comply with the requirement.
               Maximum penalty—40 penalty units.
         (3) If   the     regulator     makes     a    requirement     under
             subsection (1)(a)(ii), the registered responsible supplier must
             take all steps that are reasonable in the circumstances to
             ensure the inspector is able to comply with the requirement.
               Maximum penalty for subsection (3)—40 penalty units.
183      Identification of item of in-scope electrical equipment to
         be tested
               Before the regulator gives an item of a type of level 2 or 3
               in-scope electrical equipment to an approved testing entity for
               testing and examining, the regulator must—
               (a)    give the registered responsible supplier from whom the
                      item was obtained under section 182(1)(a) an
                      opportunity to place an identifying mark on the item;
                      and
               (b)    advise the approved testing entity of the mark.
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[s 184]
184        Cost of testing and examining and liability for damage
          (1) If an item of a type of level 1, 2 or 3 in-scope electrical
              equipment is tested and examined under this division and is
              found to substantially meet the relevant standard for the type,
              the regulator must—
               (a)    bear the cost of the testing and examination; and
               (b)    if the item was obtained under section 182(1)(a),
                      compensate the registered responsible supplier for any
                      damage done to the item.
          (2) An amount for which a registered responsible supplier is
              entitled to be compensated under subsection (1)(b) may be
              recovered from the regulator as a debt owing by the State to
              the person.
          (3) If an item of a type of level 2 or 3 in-scope electrical
              equipment is tested and examined under this division and is
              found not to substantially meet the relevant standard for the
              type, the registered responsible supplier from whom the item
              was obtained under section 182(1)(a)—
               (a)    must reimburse the regulator for all costs incurred in
                      obtaining and having the item of electrical equipment
                      tested and examined; and
               (b)    is not entitled to compensation for damage necessarily
                      caused to the item to enable it to be properly tested and
                      examined.
          (4) An amount the regulator is entitled to be reimbursed under
              subsection (3)(a) may be recovered by the regulator as a debt
              owing to the State.
Division 10                   Return of in-scope electrical
                              equipment given to regulator
185        Return of item of level 2 or 3 in-scope electrical
           equipment provided to regulator
          (1) This section applies if a person provides the regulator with—
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               (a)    an item of a type of level 3 in-scope electrical equipment
                      under division 7; or
               (b)    an item of a type of level 2 or 3 in-scope electrical
                      equipment for testing and examination because of a
                      requirement made by the regulator under division 9.
         (2) The regulator must notify the person of the item of in-scope
             electrical equipment being available for collection by the
             person at a stated place as soon as practicable after—
               (a)    if the item was provided under division 7—the regulator
                      decides the application to which the item relates; or
               (b)    if the item was provided for testing and examination—
                      (i)   if the regulator believes, on reasonable grounds,
                            that the item is required as evidence in a
                            prosecution for an offence—the prosecution and
                            any appeal from the prosecution; or
                      (ii) if subparagraph (i) does not apply—the testing and
                           examination.
         (3) Despite subsection (2)(b)(i), the regulator must notify the
             person immediately after the earlier of the following—
               (a)    the regulator decides the item of in-scope electrical
                      equipment is not required as evidence;
               (b)    a prosecution for an offence involving the item of
                      in-scope electrical equipment is not started within 6
                      months from when the notice would have been given if
                      subsection (2)(b)(i) had not applied.
         (4) If, at the end of 6 months after the giving of notice, the item of
             in-scope electrical equipment has not been collected, the
             regulator may dispose of the item as the regulator considers
             appropriate and the person is not entitled to claim for the item
             or any loss or damage to it.
         (5) Subsection (2) does not apply if the item of in-scope electrical
             equipment was necessarily destroyed by testing.
Current as at 1 July 2016                                                           Page 137
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Part 7 In-scope electrical equipment
[s 186]
Division 11                   Second-hand in-scope electrical
                              equipment
186        Limitation on offering second-hand in-scope electrical
           equipment for sale
          (1) A person (the seller) who offers for sale to another person (the
              purchaser) a second-hand item of a type of in-scope electrical
              equipment must give the purchaser information to the effect
              that the item has not been tested for electrical safety unless—
               (a)    subsection (2) applies; and
               (b)    the seller complies with the subsection.
               Maximum penalty—40 penalty units.
          (2) If—
               (a)    the item has been tested by a licensed electrical worker
                      who is qualified to test the item; and
               (b)    has been found to be electrically safe;
               the seller may instead give the information about the test.
          (3) A seller is not required to comply with subsection (1) if the
              purchaser conducts a business or undertaking that includes
              dealing in, repairing or reconditioning second-hand items of
              in-scope electrical equipment.
Division 12                   Program for certification of level 1
                              or 2 in-scope electrical equipment
187        Regulator may establish program for certification
          (1) The regulator may establish a program for the issuing of
              certificates relating to the suitability of types of level 1 or 2
              in-scope electrical equipment for connection to electricity
              supply.
          (2) The program may include the charging of fees for the
              certificates.
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         (3) The program can not require a person to take part in the
             program.
Part 8                       Electrical equipment—general
Division 1                   Requirement for warning sign for
                             sale of particular electrical
                             equipment
188      Definition for div 1
               In this division—
               particular electrical equipment means electrical equipment
               the installation, removal, adding, testing, replacement, repair,
               alteration, or maintenance of which is electrical work required
               under the Act to be performed by a licensed electrical
               contractor or licensed electrical worker.
               Examples—
                  •   fixed-wired electrical equipment, including, for example, air
                      conditioners, stoves, ovens, electric hot water systems, ceiling fans,
                      light fittings
                  •   electrical accessories, including, for example, socket-outlets, light
                      switches, electrical cable, wall switches, plugs and cord extension
                      sockets
                  •   electrical parts, including, for example, electrical motors, switches,
                      solenoids, elements
189      Application of div 1
               This division applies to a person who conducts a business or
               undertaking that involves the sale of particular electrical
               equipment to the public.
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[s 190]
190        Requirement to display DIY warning sign
          (1) The person must not sell an item of particular electrical
              equipment unless a DIY warning sign is displayed for the
              item.
              Maximum penalty—40 penalty units.
          (2) For subsection (1), a DIY warning sign is displayed for an
              item of particular electrical equipment if the sign is
              displayed—
              (a)    in close proximity to the point of display of the item; or
              (b)    as part of the price tag of the item; or
              (c)    on a label attached to the packaging of the item; or
              (d)    as part of the packaging of the item; or
              (e)    on a label attached to the item.
          (3) In this section—
              DIY warning sign means a sign that—
              (a)    contains a symbol in the form of a red circle and a red
                     diagonal line over the letters ‘DIY’ in black letters; and
              (b)    for a sign displayed in the way mentioned in
                     subsection (2)(a)—contains the words    ‘ALL
                     ELECTRICAL WORK MUST BE PERFORMED BY
                     A LICENSED ELECTRICIAN’ in uppercase black
                     letters; and
              (c)    for a sign displayed in the way mentioned in
                     subsection (2)(b), (c), (d) or (e)—contains the words
                     ‘MUST BE INSTALLED BY A LICENSED
                     ELECTRICIAN’ in uppercase black letters; and
              (d)    has a white background; and
              (e)    is unambiguous and clearly legible.
              point of display, of an item, means—
              (a)    for an item displayed in a shop, warehouse or other
                     physical space—the place where the item is displayed in
                     the shop, warehouse or other physical space; or
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               (b)    for an item displayed in an online shop—the place
                      where the item is displayed on the online shop’s
                      website.
Division 2                   Prohibition on sale of electrical
                             equipment
191      Sale of electrical equipment prohibited
               A person must not sell an item of electrical equipment to
               which the safety criteria in AS/NZS 3820 (Essential safety
               requirements for electrical equipment) apply unless the item
               of electrical equipment complies with the safety criteria as in
               force at the later of the following—
               (a)    on 5 October 1998;
               (b)    when the item was manufactured or imported.
               Maximum penalty—40 penalty units.
192      Regulator may prohibit the sale or use of electrical
         equipment on safety grounds
         (1) The regulator may, by gazette notice, prohibit the sale or use
             by any person of an item of electrical equipment, or items of
             electrical equipment of a particular type, if the regulator
             believes on reasonable grounds that the item or type does not
             comply with the safety criteria in AS/NZS 3820 (Essential
             safety requirements for electrical equipment).
         (2) The prohibition remains in force for the period stated in the
             gazette notice or, if no period is stated, for an indefinite
             period.
         (3) As well as notifying the prohibition in the gazette, the
             regulator must give an information notice for the decision to
             prohibit the sale or use of the item or type of electrical
             equipment to each person the regulator knows to be, or is
             likely to be, a seller of the item or type.
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          (4) A person must not contravene the prohibition, unless the
              person has a reasonable excuse.
               Maximum penalty—40 penalty units.
          (5) Unless a court otherwise decides in the circumstances of a
              particular case, it is not a reasonable excuse for a
              contravention of the prohibition that the person did not receive
              an information notice under subsection (3).
Division 3                  Labelling and inspection of
                            electrical equipment
193        Labelling faulty portable electrical equipment
          (1) This section applies if a person acting under the authority of a
              distribution entity finds, at a place occupied by a consumer, an
              item of portable electrical equipment that has a serious defect.
          (2) The distribution entity must ensure that a label is attached to
              the item of electrical equipment stating that the item is
              electrically unsafe.
               Maximum penalty—40 penalty units.
          (3) A person must not take the label off the item of electrical
              equipment or connect a source of electricity to the item unless
              the item—
               (a)   has been repaired by a licensed electrical worker
                     qualified to repair it; or
               (b)   has been repaired by a person who, because of the
                     operation of section 18(2)(d) of the Act, was not
                     performing electrical work in repairing the equipment.
               Maximum penalty for subsection (3)—40 penalty units.
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                                                                                      [s 194]
Division 4                   Hire electrical equipment
194      Hiring electrical equipment
         (1) This section applies to a person (the hirer) conducting a
             business or undertaking of hiring out electrical equipment to
             other persons.
         (2) The hirer must ensure each item of electrical equipment hired
             out by the hirer to another person—
               (a)    either—
                      (i)   is inspected and tested by a competent person
                            before each hiring; or
                      (ii) has a safety switch that can not be disconnected,
                           deactivated or removed during the item’s
                           operation; and
               (b)    is inspected, tested and tagged by a competent person at
                      least once every 6 months; and
               (c)    if the item has a safety switch under paragraph (a)(ii),
                      the safety switch—
                      (i)   is inspected, tested and tagged by a competent
                            person at least once every 6 months; and
                      (ii) complies with AS/NZS 3760 (In-service safety
                           inspection and testing of electrical equipment)
                           when tested.
         (3) However, subsection (2)(b) does not apply if the item is
             domestic electrical equipment that is hired for use in a
             domestic situation.
               Example of domestic electrical equipment hired for use in a domestic
               situation—
                  refrigerator, television or computer hired for use in a dwelling house or
                  flat
               Example of domestic electrical equipment not hired for use in a domestic
               situation—
                  refrigerator hired for use in a mechanic’s workshop
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          (4) For subsection (2)(a)(i), if, because of the way in which the
              item of electrical equipment is designed, the item can not be
              tested without dismantling it, it is sufficient if the hirer
              ensures the item is tested to the extent that it can be tested
              without dismantling it.
          (5) If, after inspecting and testing an item of electrical equipment
              under subsection (2)(b)—
               (a)   the competent person decides the item is safe to use, the
                     hirer must ensure the competent person immediately
                     attaches a durable tag to the item that shows the day by
                     which the item must be reinspected and retested; or
               (b)   the competent person decides the item is not safe to use,
                     the hirer must ensure that—
                     (i)   the competent person immediately attaches a
                           durable tag to the item warning people not to use
                           the item; and
                     (ii) the item is immediately withdrawn from use.
          (6) The hirer must keep records of the tests performed under
              subsection (2)(b) or (c)(i) for at least 5 years.
          (7) A person who contravenes subsection (2), (5) or (6) commits
              an offence.
               Maximum penalty—40 penalty units.
          (8) In this section—
               domestic electrical equipment means computer equipment,
               browngoods or whitegoods.
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                                                           Part 9 Works of an electricity entity
                                                                                        [s 195]
Part 9                       Works of an electricity entity
Division 1                   Compliance with part
195      Compliance with this part
               A person, including an electricity entity, who designs, builds,
               maintains or operates works of an electricity entity must
               ensure that the requirements of this part for the works of an
               electricity entity are complied with.
               Maximum penalty—40 penalty units.
Division 2                   Earthing and protection
196      Systems of earthing
         (1) The works of an electricity entity must incorporate an earthing
             and protection system, to a recognised electricity supply
             industry standard, capable of ensuring the following—
               (a)    reliable passage of fault current;
               (b)    reliable passage of single wire earth return load currents
                      to ground or source;
               (c)    reliable operation of circuit protection devices;
               (d)    safe step, touch and transfer potentials for all electrical
                      equipment;
               (e)    appropriate coordination with the earthing                           and
                      protection systems of other electricity entities;
               (f)    protection against likely mechanical damage,
                      inadvertent interference and chemical deterioration;
               (g)    mechanical stability and integrity of connections.
         (2) Without limiting subsection (1), the following specific
             requirements apply for the works of an electricity entity—
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                (a)     to stop, as far as practicable, a person suffering electric
                        shock—
                        (i)   if the multiple earthed neutral system of earthing is
                              used—the neutral conductor of the system must be
                              effectively earthed; and
                        (ii) each non-current carrying exposed conductive part
                             of an electric line or generating plant must be
                             effectively earthed;
                (b)     each non-current carrying exposed conductive part of a
                        substation must be effectively earthed;
                (c)     a system of earthing must be tested as soon as
                        practicable after its installation to prove its
                        effectiveness;
                (d)     a high voltage electric line must be protected by a
                        suitable fuse, circuit breaker or equivalent device.
          (3) Earthing is not required under subsection (2)(a)(ii) or (b) in
              circumstances where the electricity entity, in accordance with
              a recognised practice in the electricity industry, considers that
              for safety reasons earthing is not appropriate.
197        Connection of high voltage circuit to earth
          (1) Each distinct high voltage system included in the works of an
              electricity entity must be connected to earth by direct
              connection or through a resistance or a reactance.
          (2) All reasonable precautions must be taken to ensure that, for
              the circumstances in which the system is to operate, fuses or
              circuit breakers in the system will operate during fault
              conditions.
198        Performance and other requirements for works
                The following requirements apply for the works of an
                electricity entity—
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               (a)    the works must be able to perform under the service
                      conditions and the physical environment in which the
                      works operate;
               (b)    the works must have enough thermal capacity to pass
                      the electrical load for which they are designed, without
                      reduction of electrical or mechanical properties to a
                      level below that at which safe operational performance
                      can be provided;
               (c)    to the greatest practicable extent, the works must have
                      enough capacity to pass short circuit currents to allow
                      protective devices to operate correctly;
               (d)    the works must have enough mechanical strength to
                      withstand anticipated mechanical stresses caused by
                      environmental, construction or electrical service
                      conditions;
               (e)    the works must be—
                      (i)   designed and constructed to restrict unauthorised
                            access by a person to live exposed parts; and
                      (ii) operated in a way that restricts unauthorised access
                           by a person to live exposed parts;
               (f)    design, construction, operation and maintenance records
                      necessary for the electrical safety of the works must be
                      kept in an accessible form;
               (g)    parts of the works whose identity or purpose is not
                      obvious must be clearly identified by labels, and the
                      labels must be updated as soon as possible after any
                      change is made to the works;
               (h)    electrical equipment intended to form part of the works
                      of an electricity entity must undergo commissioning
                      tests and inspection to verify that the electrical
                      equipment is suitable for service and can be operated
                      safely when initially installed or altered.
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199        Insulation of stay wire
                If a stay wire attached to a pole or structure supporting an
                overhead electric line forming part of the works of an
                electricity entity does not form part of an earthing system, the
                wire must be insulated to prevent, as far as practicable, any
                person suffering an electric shock.
200        Protection of earth conductors
                To prevent, as far as practicable, any person suffering an
                electric shock, earthing conductors installed on the outside of
                a pole or structure supporting an overhead electric line
                forming part of the works of an electricity entity must be,
                from ground level to a height of at least 2.4m—
                (a)     insulated or suitably covered by a nonconductive
                        material; and
                (b)     protected from mechanical damage.
Division 3                      Substations
201        Substation requirements
                The following requirements apply for a substation forming
                part of the works of an electricity entity—
                (a)     there must be safe access to, and exit from, the
                        substation;
                (b)     a building or enclosure forming part of the substation
                        must be secure, and all reasonable care must be taken to
                        stop unauthorised access to the building or enclosure;
                (c)     electrical equipment forming part of the substation must
                        meet applicable standards for electrical safety of
                        persons and property;
                (d)     the substation must have appropriate signs, labels,
                        warning notices and barriers.
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Division 4                   Electric lines and control cables
202      Application of div 4
               This division does not apply to electric lines and control
               cables that are part of a substation that is part of the works of
               an electricity entity.
203      Measurement of vertical and horizontal distances
               For this division—
               (a)    the vertical distance of a conductor from the ground is
                      the length of a vertical line between the conductor and
                      the ground; and
               (b)    the vertical distance of a conductor from a structure that
                      is immediately below the conductor is the length of a
                      vertical line between the conductor and the point on the
                      structure immediately below the conductor; and
               (c)    the vertical distance of a conductor from a structure that
                      is not immediately below the conductor is the length of a
                      vertical line between the conductor and the horizontal
                      projection of the nearest point on the structure to the
                      conductor; and
               (d)    the horizontal distance of a conductor from a structure is
                      the length of a horizontal line from the conductor to the
                      nearest point on the structure; and
               (e)    the horizontal distance of a conductor from a verandah,
                      balcony, road cutting, embankment or other similar
                      thing is the length of a horizontal line from the
                      conductor to the vertical projection of the nearest point
                      on the verandah, balcony, road cutting, embankment or
                      other similar thing; and
               (f)    the horizontal distance of a conductor from a structure
                      that is not immediately below the conductor is the length
                      of a horizontal line from the conductor to the vertical
                      projection of the nearest point on the structure.
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204        Electric lines and control cables
                Each of the following requirements apply for electric lines
                and control cables forming part of the works of an electricity
                entity—
                (a)     the lines and cables must be designed and constructed to
                        ensure that applicable safety clearance requirements
                        under sections 205 to 208, and 210, for clearance to the
                        ground, buildings and other structures, and to other
                        conductors, are complied with, and are appropriate
                        having regard to environmental, construction and
                        electric service conditions;
                (b)     underground cables are installed in a way that takes
                        account of local environmental and service conditions,
                        the location of other public utility provider services and
                        the risk of damage from excavation;
                (c)     if an underground cable is located above the surface of
                        the ground at a particular place and is accessible to the
                        public, it must be mechanically protected from the point
                        at which it leaves the ground up to a height of 2400mm
                        above any surface near the place on which a person is
                        able to stand;
                (d)     a low voltage overhead service must be an insulated
                        cable or a neutral screened cable.
205        Clearance from exposed conductive parts and separation
           of conductors in same circuit
                Exposed conductors in the same circuit of an overhead
                electric line forming part of the works of an electricity entity
                must be separated so that, as far as practicable, a conductor
                does not come in contact with or within arcing distance of—
                (a)     another conductor; or
                (b)     an earthed exposed conductive part; or
                (c)     a stay wire forming part of the overhead electric line.
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206      Location of overhead circuit in relation to another
         overhead circuit
         (1) If the overhead circuits of electric lines forming part of the
             works of 1 or more electricity entities include different
             overhead circuits of electric lines that are adjacent, or that
             cross, and that are on 1 structure, the circuits must be placed
             as follows—
               (a)    2 or more low voltage circuits must be placed 1 above
                      the other or side by side;
               (b)    2 or more high voltage circuits must be placed 1 above
                      the other or side by side;
               (c)    low voltage circuits must be placed below high voltage
                      circuits;
               (d)    if 2 or more high voltage circuits are placed 1 above the
                      other, any lower voltage circuit must be placed below
                      any higher voltage circuit.
         (2) Subsection (1)(c) does not apply to conductors erected on a
             pole transformer substation.
         (3) Subsection (1)(d) does not apply if an electricity entity
             considers that exceptional circumstances apply, and that
             failure to comply with the requirement would not create an
             unsafe or hazardous situation.
207      Clearance of overhead electric lines from ground
         (1) An electricity entity must ensure the distance from the
             conductors of its overhead electric lines to the ground is as
             required under—
               (a)    for an overhead electric line, including a high voltage
                      overhead service line—schedule 4, parts 1 and 3; and
               (b)    for a low voltage overhead service line—schedule 5,
                      part 1.
         (2) Subsection (1) does not apply to electric cables known as
             aerial bundled cables installed with a clearance from the
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                ground decided by the electricity entity to be a safe clearance
                considering the nature of the cables and their location.
208        Clearance of overhead electric lines from structures
          (1) An electricity entity must ensure the distance from the
              conductors of its overhead electric lines to a structure is as
              required under—
                (a)     for an overhead electric line, including a high voltage
                        overhead service line—schedule 4, parts 2 and 4; and
                (b)     for a low voltage overhead service line—schedule 5,
                        part 2.
          (2) Subsection (1) does not apply to electric cables known as
              aerial bundled cables installed with a clearance from a
              structure decided by the electricity entity to be a safe
              clearance considering the nature of the cables and their
              location.
209        Building or adding to structure near electric line
          (1) This section applies if—
                (a)     a person proposes to perform work; and
                (b)     the work is 1 or more of the following—
                        (i)   the construction of a building or other structure or
                              of a change to a building or other structure;
                        (ii) the performance of other work in relation to a
                             building or other structure; and
                (c)     the proposed work is likely to involve a building or other
                        structure coming within the clearance requirements
                        under this division for an overhead or underground
                        electric line.
          (2) The person must, before the work starts, give the electricity
              entity whose works include the electric line written notice in a
              form approved by the electricity entity.
                Maximum penalty—40 penalty units.
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         (3) On receiving the notice, the electricity entity must—
               (a)    take action it considers necessary to protect its works
                      while the work is being performed and to ensure the
                      requirements of part 5 will be complied with while the
                      work is being performed; and
               (b)    relocate or change the electric line so that after the work
                      is completed—
                      (i)   the requirements of this regulation for clearances
                            will be complied with; and
                      (ii) the electric line will be accessible to the electricity
                           entity’s employees for the line’s operation and
                           maintenance.
         (4) Unless otherwise agreed between the electricity entity and the
             person—
               (a)    the person must pay the costs reasonably incurred by the
                      electricity entity acting under subsection (3); and
               (b)    the costs are a debt payable by the person to the
                      electricity entity.
210      Clearance of stay wires and control cables over road
               An electricity entity’s overhead stay wire or overhead control
               cable crossing the carriageway of a road must have clearance
               from the ground of at least 5.5m at the centre line of the
               carriageway and at least 4.9m at the kerb line of the road.
211      Connection to consumer’s premises
         (1) An electricity entity, in supplying electricity to a consumer,
             must decide the position of its fuses, circuit breakers,
             disconnection links and other apparatus in accordance with
             recognised practice in the electricity industry.
         (2) A consumer must provide suitable means for the connection
             of the consumer’s electrical installation to a service line.
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Division 5                      Termination requirements for low
                                voltage overhead service lines
212        Termination of low voltage overhead service line
          (1) An electricity entity must ensure a low voltage overhead
              service line is—
                (a)     secured to a consumer’s premises, including poles on
                        the premises; and
                (b)     insulated continuously; and
                (c)     not readily accessible to persons.
          (2) An electricity entity must ensure a metallic pin, eye bolt or
              other similar fixture installed by or for it on a consumer’s
              premises to support an active conductor of a low voltage
              overhead service line is effectively earthed.
          (3) The earthing must be by direct connection to the neutral
              conductor of the service line, at the point of support, by a
              conductor having an appropriate cross-sectional area.
          (4) Earthing under subsections (2) and (3) is not required if—
                (a)     the low voltage overhead service line is a neutral
                        screened cable and the service fuse is mounted on the
                        electricity entity’s pole; or
                (b)     no part of the metallic pin, eye bolt or other similar
                        fixture, or of a metal bracket or riser supporting it, is
                        within 25mm of other metal work on a building, pole or
                        other structure.
Division 6                      Service lines generally
213        Fuses and disconnectors for service line
          (1) An electricity entity must provide a fuse or circuit breaker for
              each active conductor of a low voltage service line that
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               provides fault current protection for a consumer’s electrical
               installation unless—
               (a)    electricity to the consumer’s electrical installation is
                      supplied direct from a transformer; and
               (b)    the electricity entity is satisfied that the fuse or circuit
                      breaker of the transformer provides enough protection
                      for the consumer’s electrical installation; and
               (c)    the electricity entity uses the fuse or circuit breaker of
                      the transformer instead of a fuse or circuit breaker in the
                      low voltage service line.
         (2) However, if under subsection (1) the electricity entity uses the
             fuse or circuit breaker of the transformer instead of a fuse or
             circuit breaker in the low voltage service line, the electricity
             entity must install isolating links in the electric line supplying
             the consumer’s electrical installation if another consumer’s
             electrical installation is also supplied from the transformer.
         (3) Also, if the electricity entity is not satisfied the fuse or circuit
             breaker of the transformer provides enough protection for the
             consumer’s electrical installation, the electricity entity must
             provide suitable protection on the low voltage side of the
             transformer.
         (4) Subsection (3) does not apply if the electricity entity is
             satisfied that suitable protection is provided in the consumer’s
             electrical installation.
214      Disused service lines to be disconnected
               An electricity entity must ensure that a service line for a
               consumer’s premises is disconnected and sufficiently isolated
               from any electric line forming part of its works if—
               (a)    the supply of electricity to the consumer’s premises has
                      been disconnected; and
               (b)    the electricity entity has taken away any of its meters,
                      control apparatus or other electrical equipment from the
                      premises.
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Division 7                      Maintenance of works
215        Inspection and maintenance of integrity of insulation
          (1) An electricity entity must ensure the integrity of the insulation
              of the relevant part of the electrical entity’s works is inspected
              and maintained.
          (2) An electricity entity must ensure the integrity of insulation for
              the clamp or other apparatus at the point where consumer
              mains are connected to the electricity entity’s service line is
              inspected and maintained.
          (3) Inspection and maintenance under subsection (1) or (2) must
              be performed at periodic reasonable intervals.
          (4) In this section—
                relevant part, of an electrical entity’s works, means the part of
                an electric line forming part of the works that—
                (a)     is adjacent to a roof or structure; and
                (b)     is in a position where it is likely that a person could
                        come into contact with the line.
                        Example of a person who is likely to come into contact with the
                        line—
                           a painter, a plumber
216        Trimming of trees near overhead electric line
                An electricity entity must ensure that trees and other
                vegetation are trimmed, and other measures taken, to prevent
                contact with an overhead electric line forming part of its
                works that is likely to cause injury from electric shock to any
                person or damage to property.
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Part 10                      Electricity supply
Division 1                   Connection to source of electricity
217      Electrical installation with serious defect not to be
         connected to electricity source
         (1) If an electrical installation has a serious defect, a person must
             not connect the installation to a source of electricity for use
             for its intended purpose.
               Maximum penalty—40 penalty units.
         (2) Subsection (1) does not apply to a distribution entity unless
             the serious defect in the electrical installation is located in a
             consumer main switchboard or between a consumer main
             switchboard and the works of the distribution entity.
218      Electrical installation not to be connected to electricity
         source if work not tested
         (1) A person must not connect an electrical installation on which
             electrical work has been performed to a source of electricity
             unless—
               (a)    the person who performed the electrical work was
                      authorised under the Act to perform it; and
               (b)    the electrical installation, to the extent it is affected by
                      the electrical work, has been tested to ensure it is
                      electrically safe and complies with the requirements of
                      the wiring rules and any other standard applying under
                      this regulation to the electrical installation.
               Maximum penalty—40 penalty units.
         (2) Subsection (1) does not apply to the connection of the
             electrical installation to a source of electricity for the first
             time.
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219        Electrical installation not to be initially connected to
           electricity source without examination and testing
          (1) A person must not connect an electrical installation to a
              source of electricity supplied by a distribution entity for the
              first time unless the distribution entity has—
               (a)    examined the consumer mains and main switchboard for
                      the electrical installation and confirmed there are no
                      serious defects; and
               (b)    carried out tests to ensure the consumer mains and main
                      switchboard are electrically safe.
               Maximum penalty—40 penalty units.
          (2) The distribution entity may charge a consumer for an
              examination or test performed under subsection (1) only if, at
              the consumer’s request, the examination or test is performed
              outside normal working hours.
220        Reconnection of electrical installation to electricity
           source
          (1) A person must not reconnect an electrical installation to a
              source of electricity supplied by a distribution entity unless
              the person is authorised to do so under subsection (2) or (3).
               Maximum penalty—40 penalty units.
          (2) A distribution entity is authorised to reconnect an electrical
              installation to a source of electricity if—
               (a)    the distribution entity first performs a visual
                      examination of the electrical installation and finds there
                      are no serious defects; or
               (b)    the distribution entity does not first perform a visual
                      examination of the electrical installation, but all of the
                      following circumstances apply—
                      (i)   the electrical installation was disconnected by the
                            distribution entity inadvertently or because of debt;
                      (ii) the electrical installation has been disconnected for
                           less than 1 month;
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                      (iii) the reconnection is for the purpose of supplying the
                            same consumer.
         (3) A licensed electrical contractor is authorised to reconnect a
             part of an electrical installation to a source of electricity if the
             contractor has rectified a serious defect that has caused a
             distribution entity or inspector to leave the part disconnected.
         (4) A distribution entity must keep a record, for at least 5 years, of
             all electrical installations that have been disconnected from a
             source of electricity supplied by the distribution entity and
             that, in the absence of authorisation under subsection (2) or
             (3), must not be reconnected.
               Maximum penalty—20 penalty units.
         (5) A distribution entity may charge a consumer for an
             examination performed under subsection (2)(a) only if, at the
             consumer’s request, the examination is performed outside
             normal working hours.
         (6) This section does not apply to a reconnection if the
             reconnection, and the disconnection preceding it, are
             performed in the ordinary course of electrical work.
221      High voltage or hazardous area electrical installation not
         to be connected to electricity source without inspection
         (1) A person must not connect or reconnect a high voltage
             electrical installation, or an electrical installation located in a
             hazardous area, to a source of electricity after electrical
             installation work or electric line work (the electrical work)
             has been performed on the electrical installation unless—
               (a)    the electrical work has been inspected by an accredited
                      auditor; and
               (b)    the accredited auditor has confirmed that the electrical
                      installation, to the extent it is affected by the electrical
                      work, has been tested to ensure it is electrically safe and
                      complies with the requirements of the wiring rules and
                      any other standard applying under this regulation to the
                      electrical installation.
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               Maximum penalty—40 penalty units.
          (2) A person must not, at a particular place, connect a high
              voltage electrical installation, or an electrical installation
              located in a hazardous area, to a source of electricity for the
              first time at the place unless—
               (a)    the electrical installation has been inspected by an
                      accredited auditor; and
               (b)    the accredited auditor has confirmed that the electrical
                      installation has been tested to ensure it is electrically
                      safe and complies with the requirements of the wiring
                      rules and any other standard applying under this
                      regulation to the electrical installation.
               Maximum penalty—40 penalty units.
          (3) This section applies in addition to the other provisions in this
              division about the connection or reconnection of an electrical
              installation to a source of electricity.
222        Compliance with Act and regulation
               A licensed electrical contractor must not connect an electrical
               installation on which electrical work has been performed to a
               source of electricity unless the contractor is satisfied that the
               Act and this regulation have been complied with in relation to
               the electrical installation to the extent it is affected by the
               electrical work.
               Maximum penalty—40 penalty units.
223        Disconnection and reconnection of low voltage electrical
           installation
          (1) This section applies to an eligible person who—
               (a)    performs electrical installation work on a consumer’s
                      consumer terminals, main switchboard or consumer
                      mains; or
               (b)    isolates electricity supply to an electrical installation to
                      eliminate an exclusion zone that would otherwise exist.
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         (2) Despite anything else in this division, the eligible person may,
             in accordance with recognised electricity industry practice,
             de-energise and re-energise the consumer’s electrical
             installation by—
               (a)    removing and replacing a fuse wedge from a service
                      fuse; or
               (b)    switching off and on a circuit breaker installed as a
                      service line disconnector.
         (3) If subsection (1)(a) applies, the eligible person must, before
             reconnecting the electrical installation to a source of
             electricity, test to ensure the installation is safe to reconnect to
             the source.
               Maximum penalty—40 penalty units.
         (4) If subsection (1)(b) applies, the eligible person must, before
             reconnecting the electrical installation to a source of
             electricity—
               (a)    if the eligible person, or another person acting for the
                      eligible person, has performed electrical work on the
                      installation—test to ensure the installation is safe to
                      reconnect to the source; or
               (b)    otherwise—carry out a visual inspection of the part of
                      the installation that is in the area of the eliminated
                      exclusion zone to ensure the installation has no serious
                      defects.
               Maximum penalty—40 penalty units.
         (5) In this section—
               eligible person means—
               (a)    a licensed electrical contractor; or
               (b)    a person who holds an electrical mechanic licence and is
                      performing work for a licensed electrical contractor as
                      an employee of the contractor; or
               (c)    a person who holds an electrical mechanic licence and is
                      performing work for the person or a relative of the
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                      person at premises owned or occupied by the person or
                      relative.
Division 2                   Private generating plant
224        Generating plant for emergency supply
          (1) This section applies to a person if private generating plant is—
               (a)    installed at the person’s premises as part of the person’s
                      electrical installation; and
               (b)    intended to provide a supply of electricity (emergency
                      supply) to the person’s electrical installation, or to the
                      person’s electrical installation and the electrical
                      installation of another person, during an interruption of
                      the supply of electricity from a distribution entity.
          (2) The person must ensure that, when the private generating
              plant is operating to give emergency supply, there is effective
              isolation between—
               (a)    all active conductors of the part of the electrical
                      installation or electrical installations to which the
                      private generating plant is connected; and
               (b)    any part of the electrical installation or electrical
                      installations still connected to the supply from the
                      distribution entity.
               Maximum penalty—40 penalty units.
          (3) The person must ensure the installation of the private
              generating plant complies with the requirements of the wiring
              rules.
               Maximum penalty for subsection (3)—40 penalty units.
225        Generating plant for interconnection to works of
           electricity entity
          (1) This section applies to a person if—
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               (a)    private generating plant is installed at the person’s
                      premises as part of the person’s electrical installation;
                      and
               (b)    the private generating plant is intended to interconnect
                      with the works of an electricity entity.
         (2) The person must comply with the electricity entity’s
             conditions for ensuring safe and stable parallel operation of
             the private generating plant with the works of the electricity
             entity.
               Maximum penalty for subsection (2)—40 penalty units.
Division 3                   Testing
226      Notice by licensed electrical contractor of test
         (1) This section applies if, under this part—
               (a)    a licensed electrical contractor is required to test
                      electrical work performed on an electrical installation;
                      and
               (b)    part of the electrical installation is required to be
                      examined or tested by the distribution entity that
                      supplies or is to supply electricity to the electrical
                      installation.
         (2) The licensed electrical contractor must give the distribution
             entity a notice complying with subsection (3).
               Maximum penalty—40 penalty units.
         (3) The notice must state that—
               (a)    the tests required to be carried out by the licensed
                      electrical contractor will be carried out in the way
                      required under this part; and
               (b)    the electrical installation will be electrically safe by the
                      date stated in the notice; and
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               (c)    the electrical installation will be ready for connection by
                      the date stated in the notice.
227        Certificate of testing and compliance
          (1) A licensed electrical contractor who connects an electrical
              installation on which electrical work has been performed to a
              source of electricity must, as soon as practicable after the
              connection, give the person for whom the work was
              performed a certificate, complying with subsection (2) and
              (3), about the testing of the electrical installation required
              under this part.
               Maximum penalty—40 penalty units.
          (2) The certificate must state the following—
               (a)    the name and address of the person for whom the work
                      was performed;
               (b)    the electrical installation tested;
               (c)    the day the electrical installation was tested;
               (d)    the number of the electrical contractor licence under
                      which the electrical installation was tested.
          (3) The certificate must certify that the electrical installation, to
              the extent it is affected by the electrical work, has been tested
              to ensure it is electrically safe and complies with the
              requirements of the wiring rules and any other standard
              applying under this regulation to the electrical installation.
          (4) A licensed electrical contractor must keep a copy of a
              certificate given under this section for at least 5 years after the
              certificate is given.
               Maximum penalty for subsection (4)—20 penalty units.
228        Performance of examination or test
               A distribution entity that carries out an examination or test
               required under this part in relation to an electrical installation
               must examine or test to ensure that the electrical installation,
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               to the extent of the required examination or test, is electrically
               safe.
               Maximum penalty—40 penalty units.
229      Reasons to be given for not connecting to source of
         electricity after examination
               If, after performing an examination or test, a distribution
               entity does not connect or reconnect a consumer’s electrical
               installation on which electrical work has been performed to a
               source of electricity, the distribution entity must give the
               consumer a written report stating the reasons for not
               connecting or reconnecting the installation.
               Maximum penalty—40 penalty units.
230      Keeping copy of report
         (1) This section applies if a person (the first person) performs an
             examination, inspection or test, under this part.
         (2) A person conducting a business or undertaking who employs
             the first person must keep a copy of the report of the
             examination, inspection or test for at least 5 years after the
             report is made.
               Maximum penalty—20 penalty units.
Division 4                   Requests and advice to distribution
                             entities
231      Request to distribution entity for examination of electrical
         work
         (1) This section applies if, under this part, electrical work must be
             examined or tested by a distribution entity before an electrical
             installation is connected or reconnected to a source of
             electricity.
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          (2) The person who performed the electrical work must, as soon
              as practicable after the completion of the electrical work, ask
              the distribution entity that supplies or is to supply electricity
              to the electrical installation, in a way approved by the
              distribution entity, for the work to be examined or tested.
               Maximum penalty—40 penalty units.
          (3) In making the request, the person must certify that the
              electrical work has been completed and that the electrical
              installation complies with the requirements of this regulation.
232        Telling distribution entity of need for change to metering
          (1) This section applies if, because of the performance of
              electrical work on an electrical installation, there is a need to
              install or change metering, control apparatus or other ancillary
              equipment forming part of the works of a distribution entity.
          (2) The person who performed the electrical work must, as soon
              as practicable after the completion of the electrical work, tell
              the distribution entity, in a way approved by the distribution
              entity, of the need for the installation or change.
               Maximum penalty—40 penalty units.
          (3) In giving the advice, the person must certify that the electrical
              work has been completed.
Part 11                    Safety management systems
Division 1                 Prescribed electricity entities
233        Prescribed electricity entities
               For part 5 of the Act, an electricity entity is a prescribed
               electricity entity if—
               (a)   it is named in schedule 6, part 1; or
               (b)   both of the following apply—
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                      (i)   it is named in schedule 6, part 2;
                      (ii) 3 months have elapsed after the entity’s name was
                           included in schedule 6, part 2; or
               (c)    both of the following apply—
                      (i)   it is not named in schedule 6, part 1 or 2 but is an
                            electricity entity under schedule 2 of the Act,
                            definition electricity entity, paragraph (c);
                      (ii) 3 months have elapsed since the entity first become
                           an electricity entity.
Division 2                   Requirements for safety
                             management systems
234      Safety management system requirements
         (1) This section prescribes requirements for safety management
             systems.
         (2) A safety management system must contain details of the
             following—
               (a)    the system’s safety objectives;
               (b)    the systems and procedures by which the objectives are
                      to be achieved;
               (c)    the performance criteria to be met;
               (d)    the way in which adherence to the performance criteria
                      is to be maintained.
         (3) When a prescribed electricity entity’s safety management
             system is first put into effect or is modified, the entity must
             give the regulator—
               (a)    a copy of the safety management system in its current
                      form; and
               (b)    a certificate in the approved form from an accredited
                      auditor that verifies the safety management system has
                      been assessed and validated to ensure the system
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                    comprehensively identifies and addresses the hazards
                    and risks associated with the design, construction,
                    operation and maintenance of the entity’s works; and
              (c)   any information the regulator reasonably requires to
                    ensure that the design, construction, operation and
                    maintenance of the entity’s works complies with the
                    requirements of the Act.
          (4) A prescribed electricity entity’s safety management system
              must provide for—
              (a)   auditing by an accredited auditor, at least once every
                    year and at the expense of the prescribed electricity
                    entity, of how the entity is giving effect to the safety
                    management system; and
              (b)   submitting to the regulator an annual audit plan for the
                    auditing mentioned in paragraph (a); and
              (c)   submitting to the regulator, after each annual audit, a
                    certificate of the accredited auditor who conducts the
                    auditing mentioned in paragraph (a), stating the current
                    level of compliance of the prescribed electricity entity
                    with its safety management system; and
              (d)   giving the regulator, after the regulator’s consideration
                    of an annual audit plan under paragraph (b) or of a
                    certificate of an accredited auditor under paragraph (c),
                    the further information the regulator reasonably requires
                    about the entity’s safety management system and how
                    the entity is giving effect to the system.
          (5) A prescribed electricity entity’s safety management system
              must also provide for—
              (a)   making modifications to the safety management system
                    in accordance with the reasonable requirements of the
                    regulator; and
              (b)   if reasonably required by the regulator, auditing by an
                    accredited auditor, in addition to the auditing provided
                    for under subsection (4) and at the expense of the
                    prescribed electricity entity, of how the entity is giving
                    effect to the safety management system.
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Part 12                      Accredited auditors
235      Appointment
         (1) An application for appointment as an accredited auditor under
             part 10, division 3 of the Act must be—
               (a)    made in the approved form; and
               (b)    accompanied by the fee for the application; and
               (c)    supported by enough information to allow the regulator
                      to decide the application.
         (2) An application for a renewal of a person’s appointment as an
             accredited auditor must be—
               (a)    made in the approved form; and
               (b)    accompanied by the fee for the application; and
               (c)    supported by enough information to allow the regulator
                      to decide the application; and
               (d)    received by the regulator at least 14 days before the
                      appointment ends.
236      Refund of fees
         (1) This section applies if an application under section 235 is
             refused by the regulator or is withdrawn before it is decided.
         (2) The amount stated in schedule 8 as the administration
             component of the fee paid for the application must be
             refunded.
237      Term of office as accredited auditor
               A person’s term of office as an accredited auditor is—
               (a)    5 years; or
               (b)    if the regulator provides for a lesser period in the
                      person’s instrument of appointment—the lesser period.
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Part 13                      Cathodic protection systems
Division 1                   Preliminary
238        Definitions for pt 13
               In this part—
               cathodically protected structure means a structure protected
               by a cathodic protection system.
               cathodic protection standard means AS 2832.1 (Cathodic
               protection of metals—Pipes and cables).
               foreign structure, for a cathodic protection system, means a
               structure that is buried or submerged and that may be subject
               to interference arising from the cathodic protection system.
               foreign structure owner, for a cathodic protection system,
               means a person who owns a foreign structure for the cathodic
               protection system.
               impressed current cathodic protection system means a
               cathodic protection system in which the current flowing
               between the structure protected by the cathodic protection
               system and the anode is supplied by an external source.
               maximum operating current, for a cathodic protection
               system, means the maximum value of the fixed, manually
               variable or automatically variable current at which the
               cathodic protection system operates, other than during short
               term testing of the cathodic protection system.
               registered system means a registrable system registered under
               this part.
               registrable system means an impressed current cathodic
               protection system the converter of which is capable of
               delivering a current greater than 0.25A.
               short term testing, of a cathodic protection system, means
               testing of less than a total of 30 minutes in any 7 consecutive
               days.
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239      Electrical terms apply for direct current
               In this part, electrical values are the values as they apply for
               direct current.
               Examples—
                  •   500mV means 500mV d.c.
                  •   50V means 50V d.c.
240      Exclusion from application
               Unless otherwise stated in this part, this part does not apply to
               a cathodic protection system installed on—
               (a)    a floating mobile structure; or
               (b)    fishing equipment; or
               (c)    a fixed off shore structure not connected with land above
                      sea level; or
               (d)    an internal surface of an apparatus, structure or item of
                      equipment to which AS 2832.4 (Cathodic protection of
                      metals—Internal surfaces) applies.
Division 2                   Installation and design
241      Installation of cathodic protection system only if
         preliminary steps taken
         (1) A person must not start to install a cathodic protection system
             unless the person has complied with subsection (2).
               Maximum penalty—40 penalty units.
         (2) At least 60 days before starting installation, the person must—
               (a)    advise all relevant persons for the proposed cathodic
                      protection system of the proposal to install the system;
                      and
               (b)    allow the relevant persons to examine the proposal.
         (3) In this section—
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Part 13 Cathodic protection systems
[s 242]
               relevant person, for a proposed cathodic protection system,
               means a person who will, if the system is installed, become a
               foreign structure owner for the system.
242        Correct design and installation of cathodic protection
           system
               A person who owns a cathodic protection system must ensure
               that the system is designed and installed in accordance with
               the requirements of the cathodic protection standard.
               Maximum penalty—40 penalty units.
Division 3                   Operating requirements
243        Operation of cathodic protection system only on
           conditions
          (1) The owner of a cathodic protection system must not operate
              the system unless—
               (a)   the system has been tested in accordance with the
                     testing requirements of this part; and
               (b)   each foreign structure owner for the system has stated
                     either that interference mitigation is satisfactory or that
                     it is not required; and
               (c)   the system is operated in accordance with the
                     requirements of the cathodic protection standard; and
               (d)   if the system is a registrable system—the system is
                     currently registered under this part, and is operated in
                     accordance with the requirements of the conditions of
                     its registration.
               Maximum penalty—40 penalty units.
          (2) Despite subsection (1)(b), (c) and (d), a person may operate a
              cathodic protection system for a reasonable period to perform
              tests in accordance with the testing requirements of this part.
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Division 4                   Testing requirements
244      Tests before registration or operation of system
         (1) An owner of a cathodic protection system that is a registrable
             system must perform tests in accordance with this section
             within 90 days, or the longer period the regulator allows,
             before applying for registration of the system.
               Maximum penalty—40 penalty units.
         (2) An owner of a cathodic protection system that is not a
             registrable system must perform tests in accordance with this
             section within 90 days before starting to operate the system,
             other than for the tests.
               Maximum penalty—40 penalty units.
         (3) The tests are—
               (a)    interference tests on all foreign structures for the
                      system; and
               (b)    if the system has an anode immersed in water or a
                      marine environment—tests to ensure the potential
                      difference between any 2 accessible points spaced 1m
                      apart in the water or marine environment are not more
                      than 3V when the system is energised.
         (4) The tests must be based on the maximum value of the current
             at which the cathodic protection system will operate at all
             times, other than during short term testing of the cathodic
             protection system in which currents of greater values are
             permitted.
         (5) The owner of the cathodic protection system must make all
             the arrangements for the tests, provide all the facilities and
             equipment for the tests and bear all the costs associated with
             the tests.
         (6) Without limiting subsection (5), for the performance of an
             interference test mentioned in subsection (3)(a), the owner
             must—
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               (a)   arrange with all foreign structure owners a mutually
                     acceptable time for performing the test; and
               (b)   allow the foreign structure owners to observe the
                     performance of the test.
245        Further tests during period of registration of system
          (1) This section applies to a cathodic protection system that is a
              registered system.
          (2) The owner of the system must perform interference tests on
              all foreign structures for the system—
               (a)   when an anode forming part of the system is replaced;
                     and
               (b)   if required by the regulator—when the system, or its
                     method of operation, is changed.
               Maximum penalty—40 penalty units.
          (3) If the system has an immersed anode that is redesigned,
              causing the anode to be relocated or to become subject to
              variation in anode current distribution, the owner of the
              system must retest the system to ensure the potential
              difference between any 2 accessible points spaced 1m apart in
              the water or marine environment is not more than 3V when
              the system is energised.
               Maximum penalty—40 penalty units.
          (4) If, when interference tests are being performed, there is a
              foreign structure for the system for which interference tests
              have not previously been performed, the person must—
               (a)   arrange with the foreign structure owner a mutually
                     acceptable time for performing the tests; and
               (b)   allow the foreign structure owner to observe the
                     performance of the tests.
               Maximum penalty for subsection (4)—40 penalty units.
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246      Further tests during operation of system
         (1) The owner of a relevant system must perform interference
             tests on all foreign structures for the system—
               (a)    when an anode forming part of the system is replaced;
                      and
               (b)    when the system or its method of operation is changed.
               Maximum penalty—40 penalty units.
         (2) In this section—
               relevant system means—
               (a)    a cathodic protection system, other than a registered
                      system, that is an impressed current cathodic protection
                      system; or
               (b)    a cathodic protection system with a total anode mass of
                      more than 25kg.
247      Further tests of new foreign structure if required by the
         regulator
               If required by the regulator, the owner of a cathodic protection
               system must perform interference tests on a foreign structure
               for the system not previously tested by the owner.
               Maximum penalty—40 penalty units.
248      Records of tests to be kept
         (1) The owner of a cathodic protection system must keep records
             of tests carried out under this division for 10 years if the
             system—
               (a)    is an impressed current cathodic protection system; or
               (b)    has a total anode mass of more than 25kg.
               Maximum penalty—20 penalty units.
         (2) If asked by the regulator, the owner must give the regulator
             copies of the records within 14 days after the request.
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               Maximum penalty for subsection (2)—20 penalty units.
249        Testing by regulator
          (1) The regulator may arrange for the testing the regulator
              considers necessary to decide whether a cathodic protection
              system complies with the requirements of this part.
          (2) If reasonably required by the regulator, the owner of a
              cathodic protection system must provide access to, and
              facilities for the testing of, the system.
               Maximum penalty—40 penalty units.
          (3) If, on testing, a system is found not to comply with the
              requirements of this part, the costs reasonably incurred by the
              regulator in conducting the test, including the indirect and
              overhead costs incurred by the regulator, are a debt payable by
              the owner to the State.
Division 5                   System requirements
250        Electrical limits
          (1) The owner of a cathodic protection system must ensure that
              the system complies with the requirements of this section for a
              cathodic protection system.
               Maximum penalty—40 penalty units.
          (2) The maximum open circuit voltage of a cathodic protection
              system may be more than 50V only if safety requirements
              have been met to the regulator’s satisfaction.
          (3) If an anode for a cathodic protection system is immersed in
              water or in a marine environment, the potential difference
              between any 2 accessible points spaced 1m apart in the water
              or marine environment must not be more than 3V when the
              system is energised.
          (4) In a surface area of 1000m2 measured radially about an
              electrode or the centre of a group of electrodes discharging
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               current to ground as part of a cathodic protection system on
               land or in non-saline water, the total current of 1 polarity must
               not be more than 100A.
         (5) In an area of surface water of 2000m2 bounded by a 100m
             length of the mean low water level contour and a line
             displaced 20m in a direction away from land from the contour,
             the total current of 1 polarity discharged to water or substrata
             by all electrodes in the area for a cathodic protection system
             must not be more than 500A.
251      Maximum potential change
         (1) The owner of a cathodic protection system must ensure that
             the system complies with the requirements of this section for a
             cathodic protection system.
               Maximum penalty—40 penalty units.
         (2) This section states requirements for a cathodic protection
             system in relation to a foreign structure for the system.
         (3) The change in potential, foreign structure to ground, must not
             be more than any of the following—
               (a)    at a point 100m radially from an anode, if there is no
                      metallic link between the cathodically protected
                      structure and the foreign structure—150mV in a
                      negative going direction;
               (b)    at a point where buried or submerged parts of the
                      foreign structure are in ground or water generally of 1
                      ohm metre or higher resistivity—10mV in a positive
                      going direction;
               (c)    at a point where buried or submerged parts of the
                      foreign structure are in ground or water generally below
                      1 ohm metre resistivity—0mV;
               (d)    for a foreign structure that is not connected electrically
                      to the cathodically protected structure, 500mV in a
                      negative going direction or, with the foreign structure
                      owner’s written agreement—1V in a negative going
                      direction.
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          (4) However, for short term testing of the cathodic protection
              system, 5 times the potential change stated in
              subsection (3)(a) or (b) and twice the potential stated in
              subsection (3)(d) is permitted.
          (5) The potential change stated in subsection (3)(b) or (c) may be
              changed with the foreign structure owner’s written agreement
              after an assessment of the effect of any existing cathodic
              protection or interference mitigation measures on the foreign
              structure.
252        Tolerances
               The owner of a cathodic protection system must ensure that
               the tolerances for measuring instruments used to test the
               system comply with the safety and technical requirements of
               the cathodic protection standard.
               Maximum penalty—40 penalty units.
253        Identification of anode groundbed
               If a registrable system is installed on land or premises not
               owned by the owner of the system, the owner of the system
               must identify the location of each anode groundbed of the
               system by erecting as close as practicable to the anode
               groundbed a clearly visible, durable sign suitably and
               indelibly inscribed with the location of the anode groundbed
               and the name of the owner of the system.
               Maximum penalty—20 penalty units.
Division 6                   Registration of registrable systems
254        Register
          (1) The regulator must keep a register of registered systems.
          (2) The register may be kept in the form, whether or not a
              documentary form, the regulator considers appropriate.
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255      Application for registration of registrable system
         (1) An application for registration of a cathodic protection system
             that is a registrable system must—
               (a)    be made in the approved form; and
               (b)    be accompanied by the prescribed fee; and
               (c)    if required by the regulator, be accompanied by—
                      (i)   details of the geographical location of the system;
                            and
                      (ii) a plan indicating full particulars about the system;
                           and
                      (iii) a certificate from the owner of the system stating
                            the system has been tested as required by this part
                            and complies with the requirements of this part.
         (2) The certificate mentioned in subsection (1)(c)(iii) must
             state—
               (a)    the value of the maximum operating current on which
                      the tests were based; and
               (b)    for a system operating with an anode immersed in water
                      or in a marine environment—the operating voltage of
                      the system corresponding to the maximum operating
                      current mentioned in paragraph (a); and
               (c)    that the owner has complied with the requirements
                      under division 4 for testing of the system before
                      registration.
         (3) If asked in writing by the regulator, the applicant must give
             the regulator further relevant information the regulator
             requires to decide the application.
         (4) The regulator must decide the application within 60 days after
             receiving the application.
         (5) If the regulator refuses to register the system, the regulator
             must give notice of the refusal to the applicant within 30 days
             after the decision.
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          (6) The notice must be accompanied by an information notice for
              the decision to refuse.
256        Refund of fees
          (1) This section applies if an application for registration of a
              cathodic protection system that is a registrable system—
               (a)   is refused by the regulator under section 255; or
               (b)   is withdrawn before the application is decided.
          (2) The amount stated in schedule 8 as the administration
              component of the fee paid for the application must be
              refunded.
257        Registration of registrable system
          (1) The regulator must register a cathodic protection system that
              is a registrable system by entering in the register—
               (a)   the name and address of the owner of the system
                     notified to the regulator; and
               (b)   the location of the system; and
               (c)   the description of the structure being cathodically
                     protected; and
               (d)   the conditions of registration about—
                     (i)   the permitted maximum operating current of the
                           system; and
                     (ii) for a system operating with an anode immersed in
                          water or a marine environment—the permitted
                          maximum operating voltage of the system; and
               (e)   other conditions imposed by the regulator on the
                     system’s operation; and
               (f)   the date of registration.
          (2) Within 30 days after registering the system, the regulator must
              give the owner of the system written notice of the registration,
              including—
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               (a)    the conditions about the permitted maximum operating
                      current and, if relevant, the permitted maximum
                      operating voltage of the system; and
               (b)    other conditions the regulator imposes on the system’s
                      operation; and
               (c)    the date of registration.
258      Term of registration
               The registration of a registrable system is for 5 years, unless it
               is earlier cancelled.
259      Change of name and address
         (1) The owner of a registered system whose name or address
             changes must give the regulator written notice of the change
             within 30 days after the change.
               Maximum penalty—20 penalty units.
         (2) The regulator must enter details of the change in the register
             of registered systems.
260      Cancellation of registration
         (1) The regulator may cancel the registration of a registered
             system if—
               (a)    the regulator is not satisfied the system is installed or
                      operating in accordance with this part; or
               (b)    the regulator has been notified by the owner of the
                      system that the system has been taken away or made
                      permanently inoperable.
         (2) On cancellation of registration of a cathodic protection
             system, the regulator must—
               (a)    enter in the register of registered systems the date of
                      cancellation; and
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               (b)   give the owner of the system written notice of the
                     cancellation within 14 days after the cancellation.
          (3) If the cancellation is under subsection (1)(a), the notice must
              be accompanied by an information notice for the decision to
              cancel.
261        Taking away or making a registered system inoperable
               If a registered system is taken away or made permanently
               inoperable, the owner of the system must give the regulator
               written notice within 30 days after the removal or the making
               inoperable.
               Maximum penalty—40 penalty units.
262        Change to registered system to be notified
          (1) If a registered system or its method of operation is changed,
              the owner of the system must—
               (a)   immediately advise the regulator; and
               (b)   give the regulator written notice complying with
                     subsection (2) within 14 days after the change.
               Maximum penalty—20 penalty units.
          (2) The notice must be accompanied by a plan clearly showing
              how the system has changed.
          (3) If required by the regulator, the owner of the registered system
              must take all or part of the action an applicant for registration
              of a registrable system is required to take under this part.
               Maximum penalty for subsection (3)—40 penalty units.
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                                                                                       [s 263]
Part 14                      Incident notification and
                             reporting
263      Definitions for pt 14
               In this part—
               distribution entity, for a serious electrical incident or
               dangerous electrical event, see section 264.
               incident record see section 267(2)(b).
264      Meaning of distribution entity for incident or event
         (1) The distribution entity for a serious electrical incident is—
               (a)    if the electrical equipment the subject of the incident is
                      part of the works of a distribution entity—the
                      distribution entity; or
               (b)    otherwise—the distribution entity that supplies
                      electricity to the electrical equipment the subject of the
                      incident.
         (2) The distribution entity for a dangerous electrical event is the
             distribution entity that supplies electricity to, or has as part of
             its works, the electrical equipment that is—
               (a)    the subject of the event; or
               (b)    the subject of electrical work that is the subject of the
                      event.
265      Duty of person conducting a business or undertaking to
         notify of serious electrical incident or dangerous
         electrical event
         (1) A person who conducts a business or undertaking must ensure
             that the regulator is notified, in a way that complies with
             subsections (2) to (4) and by the fastest means possible,
             immediately after becoming aware that a serious electrical
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                incident or dangerous electrical event arising out of the
                conduct of the business or undertaking has occurred.
                Maximum penalty—100 penalty units.
          (2) The notice must be given—
                (a)    by telephone; or
                (b)    in writing.
                Example—
                   The written notice can be given by facsimile, email or other electronic
                   means.
          (3) A person giving notice by telephone must—
                (a)    give the details of the incident or event requested by the
                       regulator; and
                (b)    if required by the regulator, give a written notice of the
                       incident or event within 48 hours after the requirement
                       is made.
          (4) A written notice must be in a form, or contain the details,
              approved by the regulator.
          (5) If the regulator receives a notice by telephone and a written
              notice is not required, the regulator must give the person
              conducting the business or undertaking—
                (a)    details of the information received; or
                (b)    an acknowledgement of receiving the notice.
          (6) A person conducting a business or undertaking must keep a
              record of each serious electrical incident or dangerous
              electrical event for at least 5 years after the day that notice of
              the incident or event is given to the regulator under this
              section.
                Maximum penalty for subsection (6)—50 penalty units.
266        Duty of distribution entity to notify of serious electrical
           incident or dangerous electrical event
          (1) This section applies if—
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               (a)    a distribution entity is advised about the happening of a
                      serious electrical incident or dangerous electrical event;
                      and
               (b)    the distribution entity is the distribution entity for the
                      incident or event.
         (2) The distribution entity must—
               (a)    give the regulator written notice in the approved form of
                      the incident or event; and
               (b)    ensure the written notice is received by the regulator
                      within 24 hours after the distribution entity first
                      becomes aware of the happening of the incident or
                      event.
               Maximum penalty—40 penalty units.
         (3) However, if the incident or event that happens is a serious
             electrical incident in which a person has been killed, the
             distribution entity must also advise the regulator of the
             incident, immediately after the distribution entity becomes
             aware of the happening of the incident, by phone, fax or
             another suitable form of immediate and effective
             communication.
               Maximum penalty—40 penalty units.
         (4) The distribution entity is not required to give written notice or
             immediate advice to the regulator of the incident or event if
             the distribution entity knows that the incident or event has
             already been reported to the regulator.
267      Action required by distribution entity on report of electric
         shock
         (1) This section applies if a distribution entity is advised by a
             consumer to whom the distribution entity supplies electricity
             that a person has received an electric shock.
         (2) The distribution entity must—
               (a)    take the action necessary to be taken in the interests of
                      the electrical safety of persons; and
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                (b)    make a written record of the incident (the incident
                       record), in a format approved by the regulator, within 3
                       days after the distribution entity is advised of the person
                       having received the electric shock; and
                (c)    keep the incident record made under paragraph (b) for 5
                       years.
                Maximum penalty—40 penalty units.
268        Report of incident records
                A distribution entity must, every 3 months, report to the
                regulator, in a format approved by the regulator, about the
                incident records made by the distribution entity in the 3
                months.
                Maximum penalty—20 penalty units.
269        Duty to preserve incident or event sites
          (1) This section applies if a serious electrical incident or
              dangerous electrical event happens at a place.
          (2) The person with management or control of the place must
              ensure, so far as is reasonably practicable, that the site where
              the incident or event occurred is not disturbed until an
              inspector arrives at the site or any earlier time that an
              inspector directs.
                Maximum penalty—100 penalty units.
          (3) A person must not move or otherwise interfere with any
              electrical equipment, or part of any electrical equipment,
              involved in the happening of the incident or event.
                Maximum penalty— 40 penalty units.
          (4) Subsections (2) and (3) do not prevent any action—
                (a)    to assist an injured person; or
                (b)    to remove a deceased person; or
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               (c)    that is essential to make the site safe or to minimise the
                      risk of a further serious electrical incident or dangerous
                      electrical event; or
               (d)    that is associated with a police investigation; or
               (e)    of a person acting under the authority of the distribution
                      entity for the incident or event; or
               (f)    for which an inspector or the regulator has given
                      permission.
         (5) In this section—
               site, where a serious electrical incident or dangerous electrical
               event occurs, includes any plant, substance, structure and
               thing associated with the incident or event.
270      Storage of electrical equipment after serious electrical
         incident
         (1) This section applies if—
               (a)    a serious electrical incident happens at a place; and
               (b)    electrical equipment that is part of the works of a
                      distribution entity is involved in the serious electrical
                      incident.
         (2) The distribution entity must ensure that, if the equipment is
             removed from the place, the equipment is stored securely
             until—
               (a)    an inspector takes possession of the equipment; or
               (b)    an inspector gives written permission to release the
                      equipment from storage.
               Maximum penalty—40 penalty units.
271      Requirement on distribution entity to take action in
         interests of electrical safety
         (1) If a person has a reasonable concern about the electrical safety
             of electrical equipment to which a distribution entity supplies
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               electricity, the person may advise the distribution entity of the
               concern.
          (2) The distribution entity must take the action necessary to be
              taken in the interests of the electrical safety of persons.
               Maximum penalty for subsection (2)—40 penalty units.
Part 15                      Miscellaneous provisions
Division 1                   Electrical safety contributions
272        Purpose of div 1
               The purpose of this division is to prescribe, for part 14A,
               division 1 of the Act, things that are necessary or convenient
               for establishing and operating arrangements for the payment
               of electrical safety contributions.
273        Definitions for div 1
               In this division—
               premises figure, for a distribution entity, means a figure that is
               a fair estimate of the average number of retail premises for the
               distribution entity for the current financial year.
               total contribution amount, for a financial year, means the
               amount notified, for the financial year, by gazette notice.
               Note—
                  At the commencement of this definition, the total contribution amount
                  for the financial year is available on the department’s website at
                  <www.justice.qld.gov.au>.
               total premises figure means the total of the premises figures
               for all distribution entities.
               unit contribution amount, for a financial year, means the total
               contribution amount for the financial year divided by the total
               premises figure.
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274      Fixing electrical safety contribution for each distribution
         entity for financial year
               The method for working out the amount of the electrical
               safety contribution payable by each distribution entity for a
               current financial year is as follows—
               •      the regulator decides the premises figure for each
                      distribution entity
               •      the regulator works out the total premises figure
               •      the regulator works out the unit contribution amount for
                      the financial year
               •      the regulator works out the amount of the electrical
                      safety contribution payable by each distribution entity
                      for the financial year by multiplying the premises figure
                      for the distribution entity by the unit contribution
                      amount for the financial year.
275      Payment of electrical safety contribution by instalments
               The electrical safety contribution for a distribution entity for a
               financial year may be paid in equal instalments.
Division 2                   Mines, petroleum plants and
                             prescribed workplaces
276      Application of regulation at mine or petroleum plant
         (1) For section 6(2) of the Act, the following provisions of this
             regulation have application at a mine or petroleum plant—
               (a)    part 1;
               (b)    part 4, other than to the extent it relates to electrical
                      contractor licences;
               (c)    section 73;
               (d)    part 7;
               (e)    part 8, other than divisions 3 and 4;
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               (f)    part 13;
               (g)    part 14.
          (2) For the application of part 14 at a mine or petroleum plant, a
              reference to a dangerous electrical event does not include a
              reference to a matter mentioned in section 12(a), (b) or (c) of
              the Act if the matter is required to be reported under the Coal
              Mining Safety and Health Act 1999, the Mining and
              Quarrying Safety and Health Act 1999 or the Petroleum and
              Gas (Production and Safety) Act 2004.
277        Prescribed workplaces—Act, s 18(2)(d)
          (1) For section 18(2)(d) of the Act, a workplace is prescribed if—
               (a)    activities of a kind stated in schedule 7 are conducted at
                      the workplace; and
               (b)    1 or more persons (whether a person conducting the
                      business or undertaking, or person employed part-time
                      or full-time) are employed in a financial year at the
                      workplace.
          (2) Schedule 7 categorises workplaces according to the activities
              of persons employed at the workplaces using a system known
              as the Australian and New Zealand Standard Industrial
              Classification (ANZSIC).
          (3) A category of workplace stated in schedule 7, column 2 has
              the ANZSIC class stated in column 1 of the schedule.
Division 3                   Other matters
278        Climbing poles of electricity entity prohibited
          (1) A person must not climb a pole, standard or other structure
              that is part of the works of an electricity entity, or a ladder
              attached to a pole, standard or other structure that is part of the
              works of an electricity entity, if the electricity entity has not
              authorised the person to climb the pole, standard, other
              structure or ladder.
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                                                                                       [s 279]
               Maximum penalty—40 penalty units.
         (2) Subsection (1) does not apply to—
               (a)    an inspector; or
               (b)    a licensed electrical contractor or licensed electrical
                      worker who, under part 10, division 1, de-energises and
                      re-energises a consumer’s electrical installation by—
                      (i)   removing and replacing a fuse wedge from a
                            service fuse; or
                      (ii) switching off and on a circuit breaker installed as a
                           service line disconnector.
279      Duties of person conducting a business or undertaking
         about supervising training person
         (1) A person conducting a business or undertaking that employs a
             training person who has not finished 6 months of the person’s
             apprenticeship or training program must ensure the training
             person does not work—
               (a)    in the immediate vicinity of a live high voltage exposed
                      part; or
               (b)    where there is a risk the training person could come into
                      contact with a live low voltage exposed part.
               Maximum penalty—40 penalty units.
         (2) However, subsection (1) does not apply to a training person
             performing duties as a safety observer if—
               (a)    the training person is a safety observer and has been
                      capable of being a safety observer for at least 1 year
                      immediately before the start of the training person’s
                      apprenticeship or training program; and
               (b)    the person conducting a business or undertaking keeps a
                      written record of the assessment mentioned in
                      schedule 9, definition safety observer, paragraph (c) for
                      the training person.
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          (3) A person conducting a business or undertaking must ensure
              that a training person who performs electrical work is
              supervised at all times by a licensed electrical worker licensed
              to perform the work.
               Maximum penalty—40 penalty units.
          (4) The level of supervision required under subsection (3) must
              be appropriate, having regard to—
               (a)    the type of electrical work performed; and
               (b)    the adequacy of the training person’s training; and
               (c)    the competency of the training person.
280        Electrical distribution entity may isolate powerlines in
           emergency
          (1) An electrical distribution entity may isolate powerlines from
              sources of electricity—
               (a)    in an emergency; or
               (b)    to prevent an emergency from happening.
                      Example of paragraph (a)—
                         if there is a flood or fire
                      Example of paragraph (b)—
                         if there are extreme conditions with the potential to create an
                         emergency, including, for example, sparking lines in high wind
                         in high fire danger conditions
          (2) In this section—
               emergency means an emergency in relation to a person or the
               electrical distributions entity’s property or other property.
281        Inspection of entries in registers
          (1) The regulator must keep each register under this regulation
              open for inspection, on payment of any fixed fee applying to
              the inspection, by members of the public during office hours
              on business days.
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         (2) A person may obtain a copy of an entry in a register on
             payment of any fixed fee applying to obtaining the copy.
282      Provision of information by retailer
               The following information is prescribed under section 153 of
               the Act—
               (a)      a customer’s full name;
               (b)      the address of the premises at which a customer receives
                        customer retail services;
               (c)      a customer’s postal address and telephone number;
               (d)      a contact person for a customer;
               (e)      the date a retail entity agreed to provide customer retail
                        services to the premises of a customer;
               (f)      the location of a meter at a premises;
               (g)      the number of meters at a premises;
               (h)      the tariff applying to a meter at a premises;
               (i)      the number of a pole or pillar used in supplying
                        electricity to a premises;
               (j)      information relevant to locating a premises or gaining
                        access to it;
               (k)      for premises that are a domestic residence—whether an
                        approved safety switch is installed for the domestic
                        residence.
283      Provision of information by Residential Tenancies
         Authority
         (1) The Residential Tenancies Authority may, if asked, give the
             regulator information, obtained by it in performing its
             functions, that is relevant to a person’s compliance with
             section 85.
               Example of the information that may be given—
                     the address of the domestic residence
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          (2) In this section—
               Residential Tenancies Authority means the Residential
               Tenancies Authority established under the Residential
               Tenancies and Rooming Accommodation Act 2008,
               section 465.
284        Inspectors’ identity cards
               For section 123A(1) of the Act, an identity card given to an
               inspector must include the following matters—
               (a)    a photograph of the inspector of the size, and in the
                      form, stated by the regulator;
               (b)    the inspector’s signature;
               (c)    the date (if any) on which the inspector’s appointment
                      ends;
               (d)    any conditions to which the inspector’s appointment is
                      subject, including the kinds of workplaces in relation to
                      which the inspector may exercise his or her compliance
                      powers.
285        Fees
               The fees payable under the Act are in schedule 8.
Part 16                       Repeal and transitional
                              provisions
Division 1                    Repeal
286        Repeal of Electrical Safety Regulation 2002
               The Electrical Safety Regulation 2002, SL No. 260 is
               repealed.
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Division 2                   Transitional provisions for Electrical
                             Safety Regulation 2013
287      Definitions for div 2
               In this division—
               act, of a person, includes the following—
               (a)    action taken by the person;
               (b)    the making of a decision by the person;
               (c)    the issuing, making or receipt of a document by the
                      person;
               (d)    the setting of a standard by, or to the satisfaction of, the
                      person;
               (e)    the making of a request, or the setting of a requirement,
                      by the person.
               commencement means the commencement of this division.
               corresponding provision, to a previous provision, means a
               provision of this regulation that is substantially the same as
               the previous provision.
               Electricity Regulation means the Electricity Regulation 1994.
               previous provision means a provision of the repealed
               regulation as in force immediately before the commencement.
               repealed, in relation to a provision of the repealed regulation,
               means the provision as in force immediately before the
               commencement.
               repealed regulation means the repealed Electrical Safety
               Regulation 2002.
288      Acts of chief executive under previous provision taken to
         be acts of regulator under corresponding provision
         (1) This section applies, if the context permits, to give effect to
             the establishment of the office of regulator.
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          (2) An act of the chief executive, under a previous provision, that
              continued to have effect or was in force immediately before
              the commencement—
               (a)    continues to have effect, or continues in force, after
                      commencement subject to any conditions or restrictions
                      associated with the act immediately before the
                      commencement; and
               (b)    is taken to be an equivalent act of the regulator under the
                      corresponding provision to the previous provision.
          (3) A reference, in a corresponding provision to a previous
              provision, to an act of the regulator includes a reference to an
              equivalent act of the chief executive under the previous
              provision (the original act).
          (4) If—
               (a)    any further decision or action must or may be taken in
                      relation to the original act; and
               (b)    that further decision or action would have been taken by
                      the chief executive if the previous provision had
                      continued in force;
               the decision or action must or may be taken by the regulator
               under the corresponding provision to the previous provision.
289        Acts of persons other than chief executive under
           previous provisions
          (1) If the context permits, an act of a person other than the chief
              executive, under a previous provision, that continued to have
              effect or was in force immediately before commencement—
               (a)    continues to have effect, or continues in force, after
                      commencement subject to any conditions or restrictions
                      associated with the act immediately before
                      commencement; and
               (b)    is taken to be an equivalent act under the corresponding
                      provision to the previous provision.
          (2) Without limiting subsection (1), if the context permits—
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               (a)    a documented safe system of work, under repealed
                      section 12(1)(c), for electrical work that will be, or will
                      continue to be, performed after commencement, is taken
                      to be a safe work method statement prepared for the
                      work; and
               (b)    a safety advice, under repealed section 64A(3), about
                      work that will be, or will continue to be, performed after
                      commencement, is taken, for the purposes of
                      section 68(2)(b)(ii), to be requirements of the electricity
                      entity responsible for the electric line to which the
                      safety advice related.
290      Applications made before commencement
         (1) This section applies if—
               (a)    an application was made under a previous provision, but
                      not decided before the commencement; and
               (b)    an equivalent application may be made under a
                      corresponding provision to the previous provision.
         (2) For dealing with and deciding the application, the application
             is taken to be an equivalent application made under the
             corresponding provision.
291      Electrical licences
         (1) This section applies to an electrical licence, of a class
             prescribed under the repealed regulation, that was in force
             immediately before the commencement.
         (2) The licence is taken to be a licence of the equivalent class
             under this regulation.
292      Obligation to do thing indefinitely or within or for stated
         period
         (1) This section applies if—
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               (a)    before the commencement, a person was, under a
                      previous provision, required to do something—
                      (i)    within, or for, a stated period; or
                      (ii) for an indefinite period; and
               (b)    if paragraph (a)(i) applies—immediately before the
                      commencement—
                      (i)    the stated period was not completed; and
                      (ii) if the person was required to do the thing within
                           the stated period—the thing had not yet been done;
                           and
               (c)    the context permits.
          (2) If there is a corresponding provision to the previous provision,
              the corresponding provision applies to the doing of the thing
              as if the corresponding provision had been in force when the
              period started.
          (3) If the previous provision required the person to keep a
              document for a stated period and there is no corresponding
              provision to the previous provision, the previous provision
              continues to apply despite the repeal of the repealed
              regulation.
293        Eligibility for electrical jointer licence
          (1) Repealed section 214 continues to apply except that—
               (a)    a reference to ‘the commencement of this section’ is
                      taken to be a reference to the commencement of
                      repealed section 214; and
               (b)    a reference to ‘section 221’ is taken to be a reference to
                      repealed section 221.
          (2) Repealed section 221 continues to apply except that—
               (a)    a reference to ‘section 214(2)’ is taken to be a reference
                      to repealed section 214(2); and
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               (b)    a reference to ‘the commencement of this section’, or
                      ‘the commencement’, is taken to be a reference to the
                      commencement of repealed section 221.
294      Eligibility for electrical linesperson licence
         (1) Repealed section 215 continues to apply except that—
               (a)    a reference to ‘the commencement of this section’ is
                      taken to be a reference to the commencement of
                      repealed section 215; and
               (b)    a reference to ‘section 222’ is taken to be a reference to
                      repealed section 222.
         (2) Repealed section 222 continues to apply except that—
               (a)    a reference to ‘section 215(2)’ is taken to be a reference
                      to repealed section 215(2); and
               (b)    a reference to ‘the commencement of this section’, or
                      ‘the commencement’, is taken to be a reference to the
                      commencement of repealed section 222.
295      Clearances for lines built before 1 January 1995
               Repealed section 218 continues to apply except that—
               (a)    a reference to ‘the commencement of this section’ is
                      taken to be a reference to the commencement of
                      repealed section 218; and
               (b)    a reference to ‘part 7, division 4’ is taken to be a
                      reference to part 9, division 4.
296      Termination of low voltage overhead service line built
         before 1 January 1995
               Repealed section 219 continues to apply except that—
               (a)    a reference to ‘the commencement of this section’ is
                      taken to be a reference to the commencement of
                      repealed section 219; and
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               (b)    a reference to ‘part 7, division 5’ is taken to be a
                      reference to part 9, division 5.
297        Clearances for lines built between 1 January 1995 and 1
           October 2002
               Repealed section 220 continues to apply except that—
               (a)    a reference to ‘the commencement of this section’, or
                      ‘the commencement’, is taken to be a reference to the
                      commencement of repealed section 220; and
               (b)    a reference to ‘part 7, division 4’ is taken to be a
                      reference to part 9, division 4.
298        Continued application of obligation to install approved
           safety switch
          (1) This section applies if the owner of residential land was
              required, under repealed section 80A(6), to ensure an
              approved safety switch is installed for a general purpose
              socket-outlet as soon as practicable after becoming aware of
              circumstances mentioned in repealed section 80A(5).
          (2) Repealed section 80A(6) continues to apply to the owner.
299        Continuation of approvals taken to be certificates of
           conformity
          (1) This section applies to an approval that was—
               (a)    taken to be a certificate of conformity under repealed
                      section 224, 225 or 225A; and
               (b)    in force immediately before the commencement.
          (2) The approval—
               (a)    is taken to be an equivalent certificate of conformity
                      under section 122; and
               (b)    continues in force until it expires or is cancelled.
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300      Continued application of provisions about marking of
         in-scope electrical equipment
         (1) Repealed section 228 continues to apply except that—
               (a)    a reference to ‘section 106(1)’ is taken to be a reference
                      to section 145(1); and
               (b)    a reference to ‘section 100(1)(b)’ is taken to be a
                      reference to repealed section 100(1)(b); and
               (c)    a reference to ‘the commencement’ is taken to be a
                      reference to the commencement of repealed section 228;
                      and
               (d)    a reference to ‘section 231’ is taken to be a reference to
                      repealed section 231.
         (2) Repealed section 230 continues to apply except that—
               (a)    a reference to ‘section 111(1)’ is taken to be a reference
                      to repealed section 111(1); and
               (b)    a reference to ‘section 100(1)(b)’ is taken to be a
                      reference to repealed section 100(1)(b); and
               (c)    a reference to ‘the commencement’ is taken to be a
                      reference to the commencement of repealed section 230;
                      and
               (d)    a reference to ‘section 231’ is taken to be a reference to
                      repealed section 231.
         (3) Repealed section 231 continues to apply except that—
               (a)    a reference to ‘section 224’ is taken to be a reference to
                      repealed section 224; and
               (b)    a reference to ‘the commencement’ is taken to be a
                      reference to the commencement of repealed section 231;
                      and
               (c)    a reference to ‘this regulation’ is taken to be a reference
                      to the repealed regulation.
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301        References to repealed regulation
               In an instrument, if the context permits—
               (a)    a reference to the repealed regulation may be taken to be
                      a reference to this regulation; and
               (b)    a reference to a previous provision may be taken to be a
                      reference to the corresponding provision to the previous
                      provision.
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                                                                                  Schedule 1
Schedule 1                   External licences and electrical
                             work licence equivalents
                                                                                section 41
External licence                                                 Equivalent licence
New South Wales
Under the        Home       Building       Act     1989
(NSW)—
•     an endorsed contractor licence                             electrical      mechanic
      authorising the holder to do electrical                    licence
      wiring work
•     a supervisor certificate authorising the                   electrical      mechanic
      holder to do electrical wiring work                        licence
Victoria
Under the Electricity Safety Act 1998
(Vic)—
•     Electrician’s licence                                      electrical      mechanic
                                                                 licence
South Australia
Under the Plumbers, Gas Fitters and
Electricians Act 1995 (SA)—
•     electrical workers registration (not                       electrical      mechanic
      subject to conditions limiting the work                    licence
      that may be carried out under the
      authority of the registration)
Tasmania
Under the Occupational Licensing Act 2005
(Tas)—
Current as at 1 July 2016                                                           Page 203
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External licence                                                 Equivalent licence
•     electrical practitioner’s licence                          electrical       mechanic
                                                                 licence
Western Australia
Under the Electricity Act 1945 (WA)—
•     “A” grade electrical workers’                              electrical       mechanic
      licence—endorsed ‘all electrical work’                     licence
•     “A” grade electrical workers’                              electrical       mechanic
      licence—endorsed electrical mechanic                       licence
•     “A” grade electrical workers’                              electrical       mechanic
      licence—endorsed electrical mechanic                       licence
      and electrical fitter
•     “A” grade electrical workers’                              electrical fitter licence
      licence—endorsed electrical fitter
•     electrical workers’ licence endorsed                       electrical       mechanic
      ‘electrician’                                              licence
•     electrician’s licence endorsed ‘electrical                 electrical fitter licence
      fitter’
•     electrician’s licence that is not endorsed                 electrical       mechanic
      ‘electrical fitter’                                        licence
Australian Capital Territory
Under the Construction Occupations
(Licensing) Act 2004 (ACT)—
•     unrestricted electrician licence                           electrical       mechanic
                                                                 licence
Northern Territory
Under the Electrical                 Workers         and
Contractors Act (NT)—
•     electrical workers’ licence endorsed                       electrical       mechanic
      electrical mechanic                                        licence
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External licence                                                 Equivalent licence
•     electrical workers’ licence endorsed                       electrical      mechanic
      electrical fitter and mechanic                             licence
•     electrical workers’ licence endorsed                       electrical fitter licence
      electrical fitter
New Zealand
Under the Electricity Act 1992 (NZ)—
•     practising licence, classes of                             electrical      mechanic
      registration electrician                                   licence
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Schedule 2
Schedule 2                   Exclusion zones for overhead
                             electric lines
                                       section 69(4), definition exclusion zone
Part 1                       Preliminary
1          Definitions for sch 2
               In this schedule—
               another safe system, for the operation of operating plant,
               means a system of work that—
               (a)    has been developed in consultation with persons who
                      are broadly representative of industrial organisations of
                      employees whose members commonly operate
                      operating plant of the operating plant’s type; and
               (b)    provides, for persons and property, the same level of
                      electrical safety as, or a greater level of electrical safety
                      than, the level of electrical safety provided with a safety
                      observer.
               authorised person, for an electric line, means a person who—
               (a)    has enough technical knowledge and experience to do
                      work that involves contact with, or being near to, the
                      electric line; and
               (b)    has been approved by the person in control of the
                      electric line to do work that involves contact with, or
                      being near to, the electric line, or is authorised to act for
                      the person in control of the electric line.
               instructed person, for an electric line, means a person who is
               acting under the supervision of an authorised person for the
               electric line.
               untrained person, for an electric line, means a person who is
               not an authorised person or an instructed person for the
               electric line.
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2        Authorised persons and instructed persons taken to be
         untrained persons in particular circumstances
         (1) This section applies if operating plant is operated by an
             authorised person or instructed person, for an electric line,
             who does not have a safety observer or another safe system as
             required under this schedule.
         (2) The operating plant is taken to be operated by an untrained
             person for the electric line.
3        Exclusion zones for operating plant fitted with certain
         safety devices
         (1) This section applies if—
               (a)    operating plant, operated by an authorised person or
                      instructed person for an electric line, is fitted with a
                      device capable of stopping the operation of the plant
                      immediately when the operating plant is at the exclusion
                      zone for an authorised person or instructed person for
                      the electric line; and
               (b)    a safe system of work for the use of the operating plant
                      is in place; and
               (c)    the safe system of work has been developed in
                      consultation with persons who are broadly
                      representative of industrial organisations of employees
                      whose members commonly operate operating plant of
                      the operating plant’s type; and
               (d)    without limiting paragraph (b), the safe system of work
                      ensures the device mentioned in paragraph (a)—
                      (i)   is operating properly; and
                      (ii) is set for at least the correct exclusion zone
                           distance.
         (2) The exclusion zone for an authorised person or instructed
             person for the electric line applies as the exclusion zone for
             the operating plant for the electric line.
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Schedule 2
Part 2                       Overhead uninsulated electric
                             lines
Division 1                   Exclusion zones for untrained
                             persons
Nominal phase to Untrained person               Operating plant          Vehicle operated
phase voltage of for the electric               operated by              by untrained
overhead         line (mm)                      untrained person         person for the
uninsulated                                     for the electric         electric line (mm)
electric line                                   line (mm)
low voltage (with             1000                       3000                    600
consultation with
person in control
of electric line)
low voltage                   3000                       3000                    600
(without
consultation with
person in control
of exposed
electric line)
above low                     2000                       3000                    900
voltage, up to
33kV (with
consultation with
person in control
of exposed
electric line)
above low                     3000                       3000                    900
voltage, up to
33kV (without
consultation with
person in control
of electric line)
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Nominal phase to Untrained person               Operating plant         Vehicle operated
phase voltage of for the electric               operated by             by untrained
overhead         line (mm)                      untrained person        person for the
uninsulated                                     for the electric        electric line (mm)
electric line                                   line (mm)
above 33kV up to              3000                       3000                  2100
132kV
above 132kV up                4500                       6000                  2900
to 220kV
above 220kV up                5000                       6000                  2900
to 275kV
above 275kV up                6000                       6000                  3400
to 330kV
above 330kV up                6000                       8000                  4400
to 500kV
Nominal pole to       Untrained person Operating plant                  Vehicle operated
earth dc voltage      for the electric operated by                      by untrained
of exposed            line (mm)        untrained person                 person for the
electric line                          for the electric                 electric line (mm)
                                       line (mm)
+/- 25kV                      3000                       3000                   900
+/- 85kV                      3000                       3000                  2100
+/- 150kV                     3000                       3000                  2100
+/- 270kV                     4500                       6000                  2900
+/- 350kV                     5000                       6000                  2900
+/- 400kV                     6000                       6000                  3400
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Schedule 2
Division 2                   Exclusion zones for authorised or
                             instructed persons
Nominal phase to         Authorised             Operating plant          Vehicle operated
phase voltage of         person or              operated by              by authorised
overhead                 instructed             authorised               person or
uninsulated electric     person for the         person or                instructed
line                     electric line          instructed person        person for the
                         (mm)                   for the electric         electric line (mm)
                                                line, with safety
                                                observer or
                                                another safe
                                                system (mm)
low voltage               (no exclusion                  1000                    600
                              zone
                           prescribed)
above low voltage,               700                     1200                    700
up to 33kV
above 33kV up to                 750                     1300                    750
50kV
above 50kV up to                1000                     1400                   1000
66kV
above 66kV up to                1000                     1800                   1000
110kV
above 110kV up to               1200                     1800                   1200
132kV
above 132kV up to               1800                     2400                   1800
220kV
above 220kV up to               2300                     3000                   2300
275kV
above 275kV up to               3000                     3700                   3000
330kV
above 330kV up to               3300                     4000                   3300
400kV
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Nominal phase to            Authorised            Operating plant         Vehicle operated
phase voltage of            person or             operated by             by authorised
overhead                    instructed            authorised              person or
uninsulated electric        person for the        person or               instructed
line                        electric line         instructed person       person for the
                            (mm)                  for the electric        electric line (mm)
                                                  line, with safety
                                                  observer or
                                                  another safe
                                                  system (mm)
above 400kV up to                 3900                     4600                  3900
500kV
Nominal pole to       Authorised                  Operating plant         Vehicle operated
earth dc voltage      person or                   operated by             by authorised
of exposed            instructed person           authorised              person or
electric line         for the electric            person or               instructed person
                      line (mm)                   instructed person       for the electric
                                                  for the electric        line (mm)
                                                  line, with safety
                                                  observer or
                                                  another safe
                                                  system (mm)
+/- 25kV                         700                       1200                   700
+/- 85kV                        1000                       1800                  1000
+/- 150kV                       1200                       1800                  1200
+/- 270kV                       1800                       2400                  1800
+/- 350kV                       2500                       3200                  2500
+/- 400kV                       2900                       3600                  2900
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Schedule 2
Part 3                       Overhead insulated electric
                             lines
Division 1                   Exclusion zones for untrained
                             persons
Nominal phase to Untrained person               Operating plant          Vehicle operated
phase voltage of for the electric               operated by              by untrained
overhead           line (mm)                    untrained person         person for the
insulated electric                              for the electric         electric line (mm)
line                                            line (mm)
low voltage (with (No exclusion                          1000                    300
consultation      zone prescribed)
with, and with
insulation
verified by, an
authorised person
for the electric
line)
low voltage                   3000                       3000                    600
(without
consultation
with, and without
insulation
verified by, an
authorised person
for the electric
line)
above low                     2000                       3000                    900
voltage, up to
33kV (with
consultation with
person in control
of electric line)
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Nominal phase to Untrained person               Operating plant         Vehicle operated
phase voltage of for the electric               operated by             by untrained
overhead           line (mm)                    untrained person        person for the
insulated electric                              for the electric        electric line (mm)
line                                            line (mm)
above low                     3000                       3000                   900
voltage, up to
33kV (without
consultation with
person in control
of electric line)
above 33kV up to              3000                       3000                  2100
66kV
Nominal pole to
earth dc voltage
of electric line
+/- 25kV                      3000                       3000                   900
+/- 85kV                      3000                       3000                  2100
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Division 2                   Exclusion zones for authorised or
                             instructed persons
Nominal phase to      Authorised                Operating plant          Vehicle operated
phase voltage of      person or                 operated by              by authorised
overhead              instructed person         authorised               person or
insulated electric    for the electric          person or                instructed person
line                  line (mm)                 instructed person        for the electric
                                                for the electric         line (mm)
                                                line, with safety
                                                observer or
                                                another safe
                                                system (mm)
low voltage (with (no exclusion     (no exclusion    (no exclusion
consultation      zone prescribed) zone prescribed) zone prescribed)
with, and with
insulation
verified by, an
authorised
person for the
electric line)
low voltage        (no exclusion    (no exclusion                                600
(without          zone prescribed) zone prescribed)
consultation
with, and without
insulation
verified by, an
authorised
person for the
electric line)
above low                      700                       700                     700
voltage, up to
33kV (with
consultation with
person in control
of electric line)
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Nominal phase to      Authorised                Operating plant         Vehicle operated
phase voltage of      person or                 operated by             by authorised
overhead              instructed person         authorised              person or
insulated electric    for the electric          person or               instructed person
line                  line (mm)                 instructed person       for the electric
                                                for the electric        line (mm)
                                                line, with safety
                                                observer or
                                                another safe
                                                system (mm)
above low                      700                       700                    700
voltage, up to
33kV (without
consultation with
person in control
of electric line)
above 33kV up                  750                       750                    750
to 50kV
Above 50kV up                 1000                      1000                   1000
to 66kV
Nominal pole to
earth dc voltage
of electric line
+/- 25kV                       700                       700                    700
+/- 85kV                      1000                      1000                   1000
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Schedule 3
Schedule 3                   Information to be included in
                             declarations by responsible
                             suppliers
                                              sections 128(4), 132(5) and 135(5)
Part 1                       Responsible supplier’s
                             declaration
           Information to be included in declaration
           That—
           (a) each item of a type of in-scope electrical equipment when sold
               by the responsible supplier will—
               (i)    meet the relevant standard for the type as in force—
                      (A) if the responsible supplier is a manufacturer of the
                          type—at the time the item was manufactured by
                          the responsible supplier; or
                      (B) if the responsible supplier is an importer of the
                          type—at the time the item was imported by the
                          responsible supplier; and
               (ii)   be electrically safe; and
           (b) there is a current certificate of conformity for each plug,
               flexible supply cord or appliance connector, as defined in
               AS/NZS 4417 (Regulatory compliance mark for electrical and
               electronic equipment) sold for use with the item.
Part 2                       Responsible supplier’s level 2
                             in-scope electrical equipment
                             declaration
           Information to be included in declaration
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         That—
         (a) each item of the type of level 2 in-scope electrical equipment
             mentioned below when sold by the responsible supplier
             will—
               (i)    meet the relevant standard for the type as at the time the
                      type was registered in the national register; and
               (ii)   be electrically safe; and
         (b) the responsible supplier keeps a compliance folder for that
             type of equipment.
         Details of the type of level 2 in-scope electrical equipment to
         which this declaration relates—
         (insert details).
Part 3                        Responsible supplier’s level 3
                              in-scope electrical equipment
                              declaration
         Information to be included in declaration
         That—
         (a) each item of the type of level 3 in-scope electrical equipment
             mentioned below when sold by the responsible supplier
             will—
               (i)    meet the relevant standard for the type as at the time the
                      type was registered in the national register; and
               (ii)   be electrically safe; and
         (b) the responsible supplier keeps a certificate of conformity for
             that type of equipment.
         Details of the type of level 3 in-scope electrical equipment to
         which this declaration relates—
         (insert details).
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Schedule 4
Schedule 4                   Clearance of overhead electric
                             lines (other than low voltage
                             service lines)
                                                 sections 207(1)(a) and 208(1)(a)
Part 1                       Low voltage conductor
                             clearance—from ground
Vertical clearance from roads
1     The minimum vertical clearance from roads must be,
      in all positions and whether or not insulated                               5.5m
Vertical clearance from other than roads
2(1) The minimum vertical clearance from other than
     roads must be, whether or not insulated                                      5.5m
(2) This item does not apply if item 3 or 4 applies.
Vertical clearance over nontrafficable land
3     The minimum vertical clearance over land that,
      because of the steepness or swampiness of its terrain,
      can not be crossed by traffic or mobile machinery,
      must be, whether or not insulated                                           4.5m
Horizontal clearance from road cuttings and
embankments
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4     The minimum horizontal clearance, whether or not
      insulated, in accordance with note 2, from road
      cuttings, embankments and similar features must be,
      whether or not insulated                                                   1.5m
Part 2                        Low voltage conductor
                              clearance—from structures
Clearance from unroofed terraces, balconies and sun
decks
1     The minimum clearance, in accordance with note 2,
      for unroofed terraces, balconies, sun decks, paved
      areas and similar areas that are subject to pedestrian
      traffic only, that have a surrounding hand rail or wall
      and on which a person is likely to stand must be—
      (a) vertically—
            (i)   insulated                                                       2.7m
            (ii) uninsulated                                                      3.7m
      (b) horizontally—
            (i)   insulated                                                       1.2m
            (ii) uninsulated                                                      1.5m
Clearance from roofs or similar structures not used for
traffic
2     The minimum clearance vertically and horizontally, in
      accordance with note 2, for roofs or similar structures
      not used for traffic or resort but on which a person is
      likely to stand, and for parapets surrounding roofs or
      similar structures not used for traffic or resort but on
      which a person is likely to stand, must be—
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      (a) vertically—
             (i)   insulated                                                       2.7m
             (ii) uninsulated                                                      3.7m
      (b) horizontally—
             (i)   insulated                                                       0.9m
             (ii) uninsulated                                                      1.5m
Clearance from covered places of traffic
3     The minimum clearance in any direction from covered
      places of traffic or resort, including, for example,
      windows capable of being opened, roofed open
      verandahs and covered balconies, must be—
             (a) insulated                                                         1.2m
             (b) uninsulated                                                       1.5m
Horizontal clearance from blank walls or windows
4     The minimum clearance horizontally from blank walls
      or windows that can not be opened must be—
      (a) insulated                                                                0.6m
      (b) uninsulated                                                              1.5m
Clearance from structures not normally accessible to
persons
5     The minimum clearance from other structures not
      normally accessible to persons must be, in accordance
      with note 2—
      (a) vertically—
             (i)   insulated                                                       0.6m
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            (ii) uninsulated                                                      2.7m
      (b) horizontally—
            (i)   insulated                                                       0.3m
            (ii) uninsulated                                                      1.5m
Part 3                        High voltage conductor
                              clearance—from ground
Vertical clearance from roads
1     The minimum vertical clearance from roads must be—
      (a) crossing the carriageway—
            (i)   more than 1000V but not more than 132kV                          6.7m
            (ii) more than 132kV but not more than 275kV                           7.5m
            (iii) more than 275kV but not more than 330kV                          8.0m
            (iv) more than 330kV but not more than 500kV                           9.0m
      (b) at other places—
            (i)   more than 1000V but not more than 33kV                           5.5m
            (ii) more than 33kV but not more than 132kV                            6.7m
            (iii) more than 132kV but not more than 275kV                          7.5m
            (iv) more than 275kV but not more than 330kV                           8.0m
            (v) more than 330kV but not more than 500kV                            9.0m
Vertical clearance from other than roads
2(1) The minimum vertical clearance from other than roads
     must be—
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      (a) more than 1000V but not more than 33kV                                    5.5m
      (b) more than 33kV but not more than 132kV                                    6.7m
      (c) more than 132kV but not more than 275kV                                   7.5m
      (c) more than 275kV but not more than 330kV                                   8.0m
      (e) more than 330kV but not more than 500kV                                   9.0m
(2) This item does not apply if item 3 or 4 applies.
Vertical clearance over nontrafficable land
3     The minimum vertical clearance over land that, because
      of the steepness or swampiness of its terrain, can not be
      crossed by traffic or mobile machinery must be—
      (a) more than 1000V but not more than 33kV                                    4.5m
      (b) more than 33kV but not more than 132kV                                    5.5m
      (c) more than 132kV but not more than 275kV                                   6.0m
      (d) more than 275kV but not more than 330kV                                   6.7m
      (e) more than 330kV but not more than 500kV                                   7.5m
Horizontal clearance from road cuttings and
embankments etc.
4     The minimum horizontal clearance, in accordance with
      note 2, from road cuttings, embankments and other
      similar places must be—
      (a) more than 1000V but not more than 33kV                                    2.1m
      (b) more than 33kV but not more than 132kV                                    4.6m
      (c) more than 132kV but not more than 275kV                                   5.5m
      (d) more than 275kV but not more than 330kV                                   6.0m
      (e) more than 330kV but not more than 500kV                                   7.0m
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Part 4                       High voltage conductor
                             clearance—from structures
Clearance from unroofed terraces, balconies and sun
decks
1     The minimum clearance, in accordance with note 2, for
      unroofed terraces, balconies, sun decks, paved areas and
      similar areas that are subject to pedestrian traffic only,
      that have a surrounding hand rail or wall and on which a
      person is likely to stand, must be—
      (a) vertically—
            (i)   more than 1000V but not more than 33kV                           4.6m
            (ii) more than 33kV but not more than 132kV                            5.5m
            (iii) more than 132kV but not more than 275kV                          6.5m
            (iv) more than 275kV but not more than 330kV                           7.0m
            (v) more than 330kV but not more than 500kV                            8.0m
      (b) horizontally—
            (i)   more than 1000V but not more than 33kV                           2.1m
            (ii) more than 33kV but not more than 132kV                            4.6m
            (iii) more than 132kV but not more than 330kV                          5.5m
            (iv) more than 330kV but not more than 500kV                           6.0m
Clearance from roofs or similar structures not used for
traffic
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2     The minimum clearance vertically and horizontally, in
      accordance with note 2, for roofs or similar structures
      not used for traffic or resort but on which a person is
      likely to stand, and for parapets surrounding roofs or
      similar structures not used for traffic or resort but on
      which a person is likely to stand, must be—
      (a) vertically—
             (i)   more than 1000V but not more than 33kV                           3.7m
             (ii) more than 33kV but not more than 132kV                            4.6m
             (iii) more than 132kV but not more than 275kV                          6.0m
             (iv) more than 275kV but not more than 330kV                           6.5m
             (v) more than 330kV but not more than 500kV                            7.5m
      (b) horizontally—
             (i)   more than 1000V but not more than 33kV                           2.1m
             (ii) more than 33kV but not more than 132kV                            4.6m
             (iii) more than 132kV but not more than 330kV                          5.5m
             (iv) more than 330kV but not more than 500kV                           6.0m
Clearance from covered places of traffic
3     The minimum clearance in any direction from covered
      places of traffic or resort such as windows capable of
      being opened, roofed open verandahs and covered
      balconies must be—
      (a) more than 1000V but not more than 33kV                                    2.1m
      (b) more than 33kV but not more than 132kV                                    4.6m
      (c) more than 132kV but not more than 330kV                                   5.5m
      (d) more than 330kV but not more than 500kV                                   6.0m
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Horizontal clearance from blank walls or windows
4     The minimum clearance horizontally from blank walls
      or windows that can not be opened must be—
      (a) more than 1000V but not more than 33kV                                     1.5m
      (b) more than 33kV but not more than 66kV                                      3.0m
      (c) more than 66kV but not more than 132kV                                     4.6m
      (d) more than 132kV but not more than 330kV                                    5.5m
      (e) more than 330kV but not more than 500kV                                    6.0m
Clearance from structures not normally accessible to
persons
5     The minimum clearance from other structures not
      normally accessible to persons must be, in accordance
      with note 2—
      (a) vertically—
            (i)     more than 1000V but not more than 66kV                           3.0m
            (ii) more than 66kV but not more than 132kV                              4.6m
            (iii) more than 132kV but not more than 330kV                            5.5m
            (iv) more than 330kV but not more than 500kV                             6.0m
      (b) horizontally—
            (i)     more than 1000V but not more than 33kV                           1.5m
            (ii) more than 33kV but not more than 66kV                               3.0m
            (iii) more than 66kV but not more than 132kV                             4.6m
            (iv) more than 132kV but not more than 330kV                             5.5m
            (v) more than 330kV but not more than 500kV                              6.0m
                  Note 1—
                    For this schedule, a conductor is taken to be insulated if it is insulated in
                    accordance with AS/NZS 5000.1 (Electric cables—Polymeric
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                  insulated—For working voltages up to and including 0.6/1 (1.2) kV) or
                  AS/NZS 3560.1 (Electric cables—Cross-linked polyethylene
                  insulated—Aerial bundled—For working voltages up to and including
                  0.6/1(1.2)kV). Otherwise, it is taken to be uninsulated.
               Note 2—
                  Either the vertical clearance or the horizontal clearance stated must be
                  maintained. Also, in the zone outside the vertical alignment of the
                  building, road cutting, embankments and similar places, either the
                  horizontal clearance from the vertical alignment or the vertical
                  clearance from the horizontal level on which a person is likely to stand
                  must be maintained.
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                                                                                  Schedule 5
Schedule 5                   Clearance of low voltage
                             overhead service lines
                                                 sections 207(1)(b) and 208(1)(b)
Part 1                       Clearance from ground
Vertical clearance from roads
1     The minimum vertical clearance from roads must
      be—
      (a) at centre line of the carriageway                                    5.5m
      (b) at kerb line                                                         4.9m
      (c) at fence alignment                                                   3.7m
Vertical clearance from other than roads
2     The minimum vertical clearance from other than
      roads must be—
      (a) private driveways and areas including
          elevated areas used by vehicles                                      4.5m
      (b) areas not normally used by vehicles                                  2.7m
Horizontal clearance from road cuttings and
embankments
3     The minimum horizontal clearance from road
      cuttings, embankments and other similar places                           1.5m
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Part 2                       Clearance from structures
Clearance from unroofed terraces, balconies and sun
decks
1     The minimum clearance, in accordance with note
      1, for unroofed terraces, balconies, sun decks,
      paved areas and similar areas that are subject to
      pedestrian traffic only, that have a hand rail or wall
      surrounding the area and on which a person is
      likely to stand (see note 2) must be—
      (a) vertically above                                                      2.4m
      (b) vertically below                                                      1.2m
      (c) horizontally                                                          0.9m
Clearance from roofs or similar structures not used
for traffic
2     The minimum clearance, in accordance with note
      1, for roofs or similar structures not used for traffic
      or resort but on which a person is likely to stand,
      and for parapets surrounding roofs or similar
      structures not used for traffic or resort but on which
      a person is likely to stand (see note 2), must be—
      (a) vertically                                                            0.5m
      (b) horizontally                                                          0.2m
Clearance from covered places of traffic
3     The minimum clearance in any direction from
      covered places of traffic or resort, including, for
      example, windows capable of being opened, roofed
      open verandahs and covered balconies, must be                             1.2m
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Horizontal clearance from blank walls or windows
4     The minimum clearance horizontally from blank
      walls or windows that can not be opened (see note
      2) must be                                                               0.2m
Clearance from structures not normally accessible to
persons
5     The minimum clearance in any direction from
      other structures not normally accessible to persons
      must be, in accordance with note 2                                       1.2m
               Note 1—
                  Either the vertical clearance or the horizontal clearance stated must be
                  maintained. Also, in the zone outside the vertical alignment of the
                  building or structure, either the horizontal clearance from the vertical
                  alignment or the vertical clearance above the horizontal level on which
                  a person is likely to stand must be maintained.
               Note 2—
                  The clearance stated applies for the service line not attached to the part
                  of the building described.
               Note 3—
                  The clearance stated does not apply to the part of a low voltage
                  overhead service line not under tension.
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Schedule 6
Schedule 6                   Prescribed electricity entities
                                                                               section 233
Part 1                       Original prescribed electricity
                             entities
           •    Airtrain Citylink Limited ACN 066 543 315
           •    Aurizon Network Pty Ltd ACN 132 181 116
           •    Energex Limited (ABN 40 078 849 055)
           •    Ergon Energy Corporation Limited (ABN 50 087 646 062)
           •    Essential Energy (ABN 37 428 185 226)
           •    Powerlink Queensland (ABN 82 078 849 233)
           •    Queensland Rail Limited ACN 132 181 090
           •    RTA Weipa Pty Ltd (ABN 54 137 266 285)
           •    the Authority under the Queensland Rail Transit Authority Act
                2013
Part 2                       Later prescribed electricity
                             entities
           [No electricity entities yet prescribed]
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                                                                                  Schedule 7
Schedule 7                   Prescribed workplaces
                                                                              section 277
Column 1         Column 2
1491             Prefabricated wooden building manufacturing
2222             Prefabricated metal building manufacturing
2311             Motor vehicle manufacturing
2312             Motor vehicle body and trailer manufacturing
2313             Automotive electrical component manufacturing
2319             Other motor vehicle parts manufacturing
2391             Shipbuilding and repair services
2392             Boatbuilding and repair services
2393             Railway rolling stock manufacturing and repair services
2394             Aircraft manufacturing and repair services
2399             Other transport equipment manufacturing N.E.C.
2412             Medical and surgical equipment manufacturing
2419             Other professional and scientific equipment manufacturing
2421             Computer and electronic office equipment manufacturing
2422             Communication equipment manufacturing
2429             Other electronic equipment manufacturing
2431             Electric cable and wire manufacturing
2432             Electric lighting equipment manufacturing
2439             Other electrical equipment manufacturing
2441             Whiteware appliance manufacturing
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Column 1         Column 2
2449             Other domestic appliance manufacturing
2451             Pump and compressor manufacturing
2452             Fixed space heating, cooling and ventilation equipment
                 manufacturing
2462             Mining and construction machinery manufacturing
2463             Machine tool and parts manufacturing
2469             Other specialised machinery and equipment manufacturing
2491             Lifting and material handling equipment manufacturing
6910             Scientific research services
9421             Domestic appliance repair and maintenance
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                                                                                  Schedule 8
Schedule 8                   Fees
                                                                              section 285
                                                                                            $
Electrical work licence
1     Application for issue of electrical work licence (s 56)                          75.70
2     Application for renewal of electrical work licence (s 56)                        75.70
3     Application for reinstatement of electrical work licence (s
      56)                                                                              75.70
4     Administration component of fee paid for an application
      under item 1, 2 or 3 refundable under section 63                                 37.95
Electrical contractor licence
5     Application for issue of electrical contractor licence (s 56)                  361.40
6     Application for renewal of electrical contractor licence (s
      56)                                                                            361.40
7     Application for reinstatement of electrical contractor
      licence (s 56)                                                                 361.40
8     Administration component of fee paid for an application
      under item 5, 6 or 7 refundable under section 63                               286.90
In-scope electrical equipment
9     Registration fee as responsible supplier (s 128)                               200.00
10 Registration fee of type of level 2 or level 3 in-scope
   electrical equipment (ss 132 and 135)—
      (a) registration for 1 year                                                      75.00
      (b) registration for 2 years                                                   150.00
      (c) registration for 5 years                                                   375.00
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                                                                                             $
11 Application for certificate of conformity (s 154) or
   renewal of certificate of conformity (s 159)                                       515.60
12 Application for modification of certificate of
   conformity—
      (a) relating to change of name or model (s 157)                                 154.90
      (b) other than in relation to a change of name or model (s
          158)                                                                        390.20
13 Application relating to transfer of certificate of conformity
   (s 160)                                                                              78.05
14 Application for declaration of scheme as recognised
   external certification scheme (s 167)                                             4016.00
15 Annual fee for declaration of scheme as recognised
   external certification scheme (s 172)                                             2295.00
Accredited auditors
16 Application for appointment as an accredited auditor (s
   235)                                                                               378.70
17 Application for renewal of appointment as an accredited
   auditor (s 235)                                                                    223.80
18 Administration component of fee paid for an application
   under item 16 or 17 refundable under section 236                                   223.80
Cathodic protection system
19 Application for registration of cathodic protection system
   that is a registrable system (s 255)                                               298.20
20 Administration component of fee paid for an application
   under item 19 refundable under section 256                                           44.15
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                                                                                  Schedule 9
Schedule 9                   Dictionary
                                                                                 section 5
               accredited auditor means a person holding an appointment as
               an accredited auditor under part 10, division 3 of the Act.
               active conductor means—
               (a)    in a system that has a neutral or earthed conductor—a
                      conductor of electricity kept at a difference of potential
                      from the neutral or earthed conductor; or
               (b)    in a system that does not have a neutral or earthed
                      conductor—all conductors.
               amusement device, for part 6, division 6, see section 97.
               amusement ride, for part 6, division 6, see section 97.
               amusement work, for part 6, division 6, see section 97.
               anode, in relation to a cathodic protection system, means a
               part of the system that is an electrical conductor placed in
               contact with ground or water.
               another safe system, for schedule 2, see schedule 2, section 1.
               approved safety switch means a residual current device that—
               (a)    has a Queensland or external approval; and
               (b)    has a rated residual current of not more than 30mA.
               approved testing entity means—
               (a)    a body accredited by NATA to perform the relevant test
                      or examination; or
               (b)    a body accredited by another body, operating under a
                      reciprocal agreement with NATA, to perform the
                      relevant test or examination; or
               (c)    an entity approved by the regulator or the equipment
                      safety rules to perform the relevant test or examination;
                      or
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               (d)    a body approved to perform the relevant test or
                      examination under a corresponding law.
               AS/NZS means a joint Standards Australia and Standards
               New Zealand standard.
               authorised person, for an electric line, for schedule 2, see
               schedule 2, section 1.
               cathodically protected structure, for part 13, see section 238.
               cathodic protection standard, for part 13, see section 238.
               certificate of conformity, for part 7, see section 122.
               chief executive (land), for part 6, division 4, see section 81.
               competent person, in relation to a task, means a person who
               has acquired, through training, qualifications, experience or a
               combination of these, the knowledge and skill to carry out the
               task.
               Note—
                  Electrical work may only be performed by a person if the person—
                  (a) is the holder of an appropriate electrical licence authorising the
                      work; or
                  (b) is otherwise authorised to perform the work under the Act.
               conductive object means a tool or other object readily able to
               conduct electricity.
               construction work, for part 6, division 6, see section 97.
               consumer mains, of a consumer, means the conductors
               between the consumer’s consumer terminals and the
               consumer’s main switchboard.
               consumer terminals, of a consumer, means the point where
               the consumer’s electrical installation is connected to the
               works of an electricity entity.
               control measure, for an electrical risk, means a measure to
               eliminate or minimise the risk.
               cord extension set, for part 6, division 6, see section 97.
               date of possession, for part 6, division 4, see section 81.
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               date of registration, for registration of a responsible supplier
               of in-scope electrical equipment or of equipment as a type of
               level 2 or 3 in-scope electrical equipment, for part 7, see
               section 122.
               declaration holder, for part 7, division 8, see section 166.
               declared scheme, for part 7, division 8, see section 166.
               defining standard, for part 7, see section 122.
               distribution entity, for a serious electrical incident or
               dangerous electrical event, for part 14, see section 264.
               domestic residence see section 81.
               earthed means connected to the general mass of the earth.
               electrical equipment, for part 6, division 6, see section 98.
               electrical installation, for part 6, division 6, see section 98.
               electrically conductive ceiling insulation, for part 6, division
               5, subdivision 2, see section 92.
               electrical portable outlet device has the meaning given by
               AS/NZS 3105 (Approval and test specification—Electrical
               portable outlet devices).
               electrical work, for part 3, division 1, see section 12.
               equivalent non-Queensland training organisation means a
               training organisation outside Queensland that is equivalent to
               a registered training organisation.
               exclusion zone see section 69(5).
               external contracting authority means a licence or other
               authority under a law of another State that authorises the
               holder to contract for the performance of electrical work in the
               other State.
               false declaration, for part 7, see section 122.
               false information, for part 7, see section 122.
               family, of a type of level 1, 2 or 3 in-scope electrical
               equipment, for part 7, see section 122.
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               fixed fee means a fee fixed by the regulator under section 209
               of the Act.
               foreign structure, for a cathodic protection system, for part
               13, see section 238.
               foreign structure owner, for a cathodic protection system, for
               part 13, see section 238.
               general purpose socket-outlet, for part 6, division 4, see
               section 81.
               high voltage live line work means electrical work on the
               following electrical equipment in circumstances in which the
               part of the electrical equipment the subject of the electrical
               work is energised—
               (a)    exposed live high voltage conductors;
               (b)    exposed live parts of high voltage electrical equipment.
               impressed current cathodic protection system, for part 13,
               see section 238.
               incident record, for part 14, see section 267(2)(b).
               instructed person, for an electric line, for schedule 2, see
               schedule 2, section 1.
               insulated cable means an insulated aerial cable complying
               with—
               (a)    AS/NZS       5000.1  (Electric   cables—Polymeric
                      insulated—For working voltages up to and including
                      0.6/1 (1.2) kV); or
               (b)    AS/NZS 3560.1 (Electric cables—Cross-linked
                      polyethylene insulated—Aerial bundled—For working
                      voltages up to and including 0.6/1(1.2)kV).
               kerb line, of a road, means—
               (a)    if there is a formed footpath—the line where the formed
                      footpath meets the carriageway; or
               (b)    if there is no formed footpath but a formed footpath is
                      proposed—the line where the proposed formed footpath
                      can reasonably be expected to meet the carriageway; or
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               (c)    if there is no formed footpath and no formed footpath is
                      proposed—
                      (i)   if widening of the existing carriageway is
                            proposed—the line of the edge of the carriageway
                            as proposed to be widened; or
                      (ii) if no widening of the existing carriageway is
                           proposed—the line of the edge of the existing
                           carriageway.
               level 1, for in-scope electrical equipment, see section 125(1).
               level 2, for in-scope electrical equipment, see section 125(2).
               level 3, for in-scope electrical equipment, see section 125(3).
               manufacturing work, for part 6, division 6, see section 97.
               maximum operating current, for part 13, see section 238.
               meets, for a relevant standard, for part 7, see section 122.
               NATA means the National Association of Testing Authorities
               Australia ABN 59 004 379 748.
               neutral screened cable means a cable complying with
               AS/NZS 4961 (Electric cables—Polymeric insulated—For
               distribution and service applications).
               new, in relation to electrical equipment, means the equipment
               had not been introduced into service or otherwise used.
               non-capable circuit, for part 6, division 5, subdivision 2, see
               section 92.
               non-profit organisation, for part 6, division 6, see section 97.
               operating plant means plant being operated for its intended
               purpose, unless the operation of the plant can not materially
               affect the distance between the plant and any overhead electric
               line for which there is an exclusion zone under part 5 and
               schedule 2.
               Examples of operating plant—
                  •   a tip truck tipping a load
                  •   a fixed crane operating at a building site
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                  •    a vehicle that includes an elevated work platform used for clearing
                       vegetation from around overhead electric lines
                  •    a concrete pumping truck pumping concrete
                  •    a harvester with height changeable attachments used to transfer
                       grain to a truck
               Example of plant that is not operating plant—
                  a furniture removal van under an overhead electric line raising or
                  lowering the electrically or hydraulically operated platform located at
                  the rear of the van, if neither the platform nor anything on the platform
                  rises above the roof of the van
               particular electrical equipment, for part 8, division 1, see
               section 188.
               premises figure, for a distribution entity, for part 15, division
               1, see section 273.
               prescribed details, for a tag to be attached to equipment, or a
               written record to be made for equipment, after it is inspected
               and tested or reinspected and retested, for part 6, division 6,
               see section 97.
               previous provision, for part 16, division 2, see section 287.
               qualification means a VET qualification under the National
               Vocational Education and Training Regulator Act 2011
               (Cwlth).
               qualified business person, for an applicant under section 7(6)
               or a licensed electrical contractor, see section 7(1).
               qualified technical person, for an applicant under
               section 7(6) or a licensed electrical contractor, see
               section 7(2).
               RCM, for part 7, see section 122.
               reasonable interval, for the inspection and maintenance of
               insulation, means an interval, based on historic performance
               and the degree of electrical risk, that is reasonable in the
               circumstances.
               register means the register of electrical licences the regulator
               is required to keep under section 60.
               registered, for part 7, see section 123.
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               registered responsible supplier, for part 7, see section 122.
               registered system, for part 13, see section 238.
               registered training organisation see the National Vocational
               Education and Training Regulator Act 2011 (Cwlth),
               section 3.
               registrable system, for part 13, see section 238.
               relevant assessing authority means a relevant assessing
               authority under the Migration Regulations 1994 (Cwlth).
               relevant person, for part 7, see section 122.
               relevant responsible supplier, of                      in-scope    electrical
               equipment, for part 7, see section 122.
               relevant standard, for part 7—
               (a)    for a type of level 1 in-scope electrical equipment, see
                      section 126; or
               (b)    for a type of level 2 or level 3 in-scope electrical
                      equipment, see section 127.
               residential land, for part 6, division 4, see section 81.
               rural industry work, for part 6, division 6, see section 99.
               safety observer—
               (a)    generally, for electrical work, means a person who—
                      (i)   is competent—
                            (A)     to implement control measures in an
                                    emergency; and
                            (B)     to rescue and resuscitate a worker who is
                                    carrying out the work, if necessary; and
                      (ii) has been assessed in the previous 1 year as
                           competent to rescue and resuscitate a person; or
               (b)    for schedule 2, for the operation of operating plant,
                      means a person who—
                      (i)   observes the operating plant; and
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                      (ii) advises the operator of the operating plant if it is
                           likely that the operating plant will come within an
                           exclusion zone for the operating plant for an
                           overhead electric line.
               safety switch, for part 6, division 6, see section 97.
               safe work method statement, for part 3, division 1, see section
               12.
               second-hand, for an item of a type of in-scope electrical
               equipment, for part 7, see section 122.
               serious defect means a defect likely to cause a fire or a person
               to suffer an electric shock or other personal injury.
               service line means an electric line that—
               (a)    forms part of the works of an electricity entity; and
               (b)    connects consumer terminals to—
                      (i)   other parts of the works of the electricity entity; or
                      (ii) the works of another electricity entity.
               service work, for part 6, division 6, see section 97.
               short term testing, for part 13, see section 238.
               specified electrical equipment, for part 6, division 6, see
               section 97.
               statement of attainment means a VET statement of
               attainment under the National Vocational Education and
               Training Regulator Act 2011 (Cwlth).
               structure includes the following—
               (a)    anything attached to a structure;
               (b)    anything erected or standing at a place.
               test report, for part 7, see section 122.
               total contribution amount, for a financial year, for part 15,
               division 1, see section 273.
               total premises figure, for part 15, division 1, see section 273.
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               training person means a person who is undertaking, but has
               not finished—
               (a)    an apprenticeship under the Further Education and
                      Training Act 2014, in a calling that requires the person
                      to perform electrical work; or
               (b)    a training program approved by the regulator that
                      requires the person to perform electrical work.
               training plan, for an apprentice or trainee, see the Further
               Education and Training Act 2014, schedule 2.
               transfer date, for residential land, for part 6, division 4, see
               section 81.
               transferee, of residential land, for part 6, division 4, see
               section 81.
               transferor, of residential land, for part 6, division 4, see
               section 81.
               type 1 safety switch, for part 6, division 6, see section 97.
               type 2 safety switch, for part 6, division 6, see section 97.
               unit contribution amount, for a financial year, for part 15,
               division 1, see section 273.
               unsafe distance, for a person, operating plant or vehicle of an
               overhead electric line, see section 69.
               untrained person, for an electric line, for schedule 2, see
               schedule 2, section 1.
               vehicle, for part 5 and schedule 2, does not include—
               (a)    an aircraft; or
               (b)    a vehicle that is operating plant.
                      Examples for paragraph (b)—
                            1    A tip truck tipping a load would not be a vehicle for part 5
                                 or schedule 2. However, a tip truck travelling between sites
                                 would be a vehicle for part 5 and schedule 2.
                            2    A vehicle that includes an elevated work platform being
                                 used for clearing vegetation would not be a vehicle for part
                                 5 or schedule 2. However, when the platform is not being
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                             used for clearing vegetation, the vehicle would be a vehicle
                             for part 5 and schedule 2.
               WHS Regulation means the Work Health and Safety
               Regulation 2011.
               wiring rules means AS/NZS 3000 (Electrical installations)
               (known as the Australian/New Zealand Wiring Rules).
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                                                                              Endnotes
1              Index to endnotes
2     Key
3     Table of reprints
4     List of legislation
5     List of annotations
2              Key
Key to abbreviations in list of legislation and annotations
Key         Explanation                  Key         Explanation
AIA = Acts Interpretation Act (prev) = previously
      1954
amd = amended                            proc     = proclamation
amd = amendment                          prov     = provision
t
ch      = chapter                        pt       = part
def     = definition                     pubd = published
div     = division                       R[X] = Reprint No. [X]
exp     = expires/expired                RA       = Reprints Act 1992
gaz     = gazette                        reloc = relocated
hdg     = heading                        renu     = renumbered
                                         m
ins     = inserted                       rep      = repealed
lap     = lapsed                         (retro = retrospectively
                                         )
notf = notified                          rv       = revised version
d
num = numbered                           s        = section
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Endnotes
Key        Explanation                      Key         Explanation
o in    = order in council                  sch      = schedule
c
om      = omitted                           sdiv     = subdivision
orig = original                             SIA      = Statutory Instruments Act
                                                       1992
p       = page                              SIR      = Statutory Instruments
                                                       Regulation 2012
para = paragraph                            SL       = subordinate legislation
prec = preceding                            sub      = substituted
pres = present                              unnu = unnumbered
                                            m
prev = previous
3              Table of reprints
A new reprint of the legislation is prepared by the Office of the Queensland Parliamentary
Counsel each time a change to the legislation takes effect.
The notes column for this reprint gives details of any discretionary editorial powers under
the Reprints Act 1992 used by the Office of the Queensland Parliamentary Counsel in
preparing it. Section 5(c) and (d) of the Act are not mentioned as they contain mandatory
requirements that all amendments be included and all necessary consequential
amendments be incorporated, whether of punctuation, numbering or another kind. Further
details of the use of any discretionary editorial power noted in the table can be obtained by
contacting the Office of the Queensland Parliamentary Counsel by telephone on 3003
9601 or email legislation.queries@oqpc.qld.gov.au.
From 29 January 2013, all Queensland reprints are dated and authorised by the
Parliamentary Counsel. The previous numbering system and distinctions between printed
and electronic reprints is not continued with the relevant details for historical reprints
included in this table.
                                      Amendments
Current as at                                                     Notes
                                      included
1 January 2014                        none                        RA ss 7(1)(k), 40
16 May 2014                           2014 SL No. 60
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                                                                                   Endnotes
                                      Amendments
Current as at                                                     Notes
                                      included
1 July 2014                           2014 SL No. 103
                                      2014 SL No. 128
1 July 2015                           2014 SL No. 338             RA s 5(d)
                                      2015 SL No. 46
1 July 2016                           2016 SL No. 80
4              List of legislation
Regulatory impact statements
For subordinate legislation that has a regulatory impact statement, specific reference to the
statement is included in this list.
Explanatory notes
All subordinate legislation made on or after 1 January 2011 has an explanatory note. For
subordinate legislation made before 1 January 2011 that has an explanatory note, specific
reference to the note is included in this list.
Electrical Safety Regulation 2013 SL No. 213
      made by the Governor in Council on 31 October 2013
      notfd <www.legislation.qld.gov.au> 1 November 2013
      ss 1–2 commenced on date of notification
      remaining provisions commenced 1 January 2014 (see s 2)
      exp 1 September 2024 (see SIA s 54)
      Note—The expiry date may have changed since this reprint was published. See the
         latest reprint of the SIR for any change.
      amending legislation—
Work Health and Safety and Another Regulation Amendment Regulation (No. 1)
2014 SL No. 60 pts 1–2
     notfd <www.legislation.qld.gov.au> 16 May 2014
     ss 1–2 commenced on date of notification
     remaining provisions commenced 16 May 2014 immediately after the
        commencement of the Work Health and Safety and Other Legislation
        Amendment Act 2014 (see s 2 and 2014 SL No. 59)
Further Education and Training Regulation 2014 SL No. 103 pts 1, 5
     notfd <www.legislation.qld.gov.au> 20 June 2014
     ss 1–2 commenced on date of notification
     remaining provisions commenced 1 July 2014 (see s 2)
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Endnotes
Justice Legislation (Fees) Amendment and Repeal Regulation (No. 1) 2014 SL No.
128 ss 1–2(1), 3 sch
      notfd <www.legislation.qld.gov.au> 27 June 2014
      ss 1–2 commenced on date of notification
      remaining provisions commenced 1 July 2014 (see s 2(1))
National Energy Retail Law (Consequential Amendments) Regulation 2014 SL No.
338 pts 1–2
     notfd <www.legislation.qld.gov.au> 19 December 2014
     commenced on 1 July 2015
Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2015 SL
No. 46 pts 1–2
      notfd <www.legislation.qld.gov.au> 1 July 2015
      commenced on date of notification
Electrical Safety and Other Legislation Amendment Regulation (No. 1) 2016 No. 80
pts 1–2
      notfd <www.legislation.qld.gov.au> 17 June 2016
      ss 1–2 commenced on date of notification
      pt 2 commenced 1 July 2016 (see s 2)
5             List of annotations
Electrical work on energised electrical equipment is prohibited
      s 14 amd 2014 SL No. 60 s 4
Duty to determine whether equipment is energised
     s 15 amd 2014 SL No. 60 s 5
De-energised equipment must not be inadvertently re-energised
     s 16 amd 2014 SL No. 60 s 6
Electrical work on energised electrical equipment permitted in particular
circumstances
      s 18 amd 2014 SL No. 60 s 7
Preliminary steps
     s 19 amd 2014 SL No. 60 s 8
Unauthorised access to equipment being worked on
    s 20 amd 2014 SL No. 60 s 9
Contact with equipment being worked on
     s 21 amd 2014 SL No. 60 s 10
How work is to be carried out
    s 22 amd 2014 SL No. 60 s 11
Record keeping
     s 23 amd 2014 SL No. 60 s 12
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Eligibility requirements for electrical mechanic licence, electrical linesperson licence,
electrical fitter licence and electrical jointer licence
      s 43 amd 2014 SL No. 103 s 11
Eligibility requirements for restricted electrical work licence
      s 44 amd 2014 SL No. 103 s 12
Examinations
    s 61 amd 2014 SL No. 103 s 13
Duty of person conducting a business or undertaking
     s 68 amd 2014 SL No. 60 s 13
Duty of person conducting a business or undertaking to notify of serious electrical
incident or dangerous electrical event
      s 265 amd 2014 SL No. 60 s 14
Duty to preserve incident or event sites
     s 269 amd 2014 SL No. 60 s 15
Provision of information by retail entity
      s 282 amd 2014 SL No. 338 s 4
SCHEDULE 8—FEES
    sub 2014 SL No. 128 s 3 sch; 2015 SL No. 46 s 4; 2016 SL No. 80 s 4
SCHEDULE 9—DICTIONARY
    def qualification sub 2014 SL No. 103 s 14(1)–(2)
    def registered training organisation sub 2014 SL No. 103 s 14(1)–(2)
    def statement of attainment sub 2014 SL No. 103 s 14(1)–(2)
    def training person amd 2014 SL No. 103 s 14(3)
    def training plan sub 2014 SL No. 103 s 14(1)–(2)
                                  © State of Queensland 2016
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