Electrical Contractors Licensing (Electricians) Amendment Act 1927 (NSW)

ELECTRICAL C O N T R A C T O R S

LICENSING (ELECTRICIANS)

AMENDMENT ACT.

Act No. 5, 1927.

An Act to provide for the registration of elec- tricians ; to amend the constitution of the Electrical Contractors Licensing Board ; to amend the Electrical Contractors Licensing Act, 1924, and certain other Acts ; and for purposes connected therewith. [Assented to, 29th January, 1927.]

1 . (1) This Act may be cited as the "Electrical Contractors Licensing (Electricians) Amendment Act, 1927." (2)

lative Council and Legislative Assembly of New South BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis-

Wales in Parliament assembled, and by the authority of the same, as follows :—

( 2 ) This Act shall commence on a date to be

appointed by the Governor and notified by proclamation

published in the Gazette.

2 . (1) The Electrical Contractors Licensing Act,

1924, is amended—

(a) by inserting in section one after the word " Contractors " the words " and Electricians " ;

(b) (i) by inserting in section four in the definition of "Board" after the word "Contractors" the words "and Electricians " ;

(ii)  by inserting in the same section at the end of the definition of "Electrical contractor" the words "as an electrical contractor " ;

(iii)   by inserting in the same section in the definition of " w o r k " after the word "premises" where it secondly occurs, the words " or upon, under or over any public place or public reserve " ;

(iv)   by omitting from the same definition the words "system of public" and by inserting in lieu thereof the words "public system of ";

(v)  by inserting in the same section in appro­ priate positions according to alphabetical sequence the following new definitions:—

"Electrician" means any person en­

gaged in electrical installation work

who is not an electrical contractor.

"License" includes electrical con­

tractor's license or electrician's

license.

"Public place" means public road, bridge, jetty, wharf, or other place which the public is entitled to use, but does not include a public reserve.

"Public reserve" means public park, and any land dedicated or reserved from sale by the Crown for public health, recreation, enjoyment or other public purpose of the like nature.

(c)

(c) by inserting in subsection two of section five after the words " o r an electrical contractor" tbe words " or electrician."

(2) The Electrical Contractors Licensing Ac t , 1924, is further amended by omitting from section six subsections one and two, and by inserting in lieu thereof the following new subsections : —

(1) There shall be a board, which shall be called

the Electrical Contractors and Electricians

Licensing Board.

(2) The board shall consist of seven members,

that is to say :—

(a) One member, who shall be president,

appointed by the Governor. Such appoint­ ment shall be for a term of five years. The person appointed shall be eligible for reappointment.

(b) One member elected (as prescribed) at least once in each three years by the public electricity supplying bodies in N e w South Wales .

The officer in charge of the Electricity Department of the Municipal Council of Sydney shall be a temporary member to hold office until the member is elected by the said public electricity supplying bodies.

(c) One member elected (as prescribed) at least

once in each three years by the members of

the committee of the Eire Underwriters

Association of N e w South Wales .

The Minister may appoint a temporary member to hold office until the member is elected by the said committee.

(d) One member who shall be a licensed elec- trical contractor and shall be elected (as prescribed) at least once in each three years by the electrical contractors licensed under

this Ac t .

The committee of the Electrical Em­
ployers' Association of N e w South Wales

may

may elect a temporary member to hold office
until the member is elected by the electrical

contractors.

(e) One member elected (as prescribed) at least once in each three years by the Electrical Trades Union of Australia, N e w South Wales Branch.

The Minister may appoint a temporary member to hold office until the member is elected by the said union.

(f) Two members who shall be licensed elec­ tricians, and who shall be elected (as pre­ scribed) at least once in each three years by the electricians licensed under this A c t .

The Minister may appoint temporary members to hold office until members are elected by the licensed electricians.

3.     Upon the commencement of this A c t the members

of the board appointed or elected under the Electrical Contractors Licensing Ac t , 1924, shall cease to hold office.

4.     The Electrical Contractors Licensing Ac t , 1924,

is further amended—

(a) by omitting from subsection two of section eleven the Avoid " Three " and inserting in lieu thereof the word " Four " ;

(b) ( i ) by inserting at the end of subsection one of

section thirteen the words " or electricians " ;

(ii)   by inserting at the end of subsection two

of the same section the words " or as an

electrician " ;
(iii)	by omitting from subsection three of the same section the words " The board may
issue a l icense" and by inserting in lieu
thereof the words " The board may issue an electrical contractor's l icense" ;
(iv)	by omitting from the same subsection the words " time of the passing of this A c t " and inserting in lieu thereof the words " com­ mencement of the Electrical Contractors Licensing (Electricians) Amendment A c t , 1 9 2 7 " ;

(v)

(v)  by omitting subsection four of the same section and by inserting in lieu thereof the following new subsection : —

(4) The board may without examination

issue an electrical contractor's license to

any firm, company, partnership, society, association or body of persons, corporate or unincorporate:

Such a license may be suspended or cancelled if the firm, company, partnership, society, association or body does not comprise or has not in its employ at least one licensed electrical contractor under
this Ac t , or if any work carried out by such
firm, company, partnership, association or body be not personally supervised by a member holding an electrical contractor's license, and carried out by a person holding an electrical contractor's or electrician's license.

The foregoing provision shall not pre­ clude the employment of an apprentice working under regulations made under the Industrial Arbitration A c t , 1912, as amended, or any other A c t governing the electrical industry in the State.

(vi)   by omitting from subsection five of the same section the words " a l icense" and by inserting in lieu thereof the words " an electrical contractor's license " ;

(vii)   by inserting after subsection five of the same section the following new sub- sections :—

The board may issue an electrician's license to any person without examination upon being satisfied that such person has served five years' apprenticeship to the electrical trade, and upon production of a certificate from a prescribed Technical College showing that he has attended classes in accordance with the provisions of

( 5 A )

the

the Electricians' (State) Award , or any other industrial award or agreement cover- ing the electrical industry in the State of

N e w South Wales , and satisfies the hoard
that he is capable of carrying out the work

of an electrician in a workmanlike manner.

The board may issue an electrician's license to any person without examination upon being satisfied that such person was at the commencement of the Electrical Contractors Licensing ( E l e c t r i c i a n s ) Amendment A c t , 1927, in employment as an electrician in N e w South Wales or elsewhere in the Commonwealth, and had been so earning his livelihood for a period

( 5 B )

of twelve months.

I f he was not so earning his livelihood in N e w South Wales the license shall not be issued unless the board is satisfied as to his competence :

Provided that in every case the appli­ cation for the license is made within such time as may be prescribed by regulation.

(viii)   by inserting in subsection ten of the same section after the words " electrical con­ tractor " the words " or electrician " ;

(c)by inserting in subsection one of section four­ teen after the words " electrical contractor" the words " or electrician."

5.     The Electrical Contractors Licensing A c t , 1924,

is further amended—

(a) by omitting section fifteen and by inserting in lieu thereof the following new section :—

15. (1) From and after a day to be appointed on the recommendation of the board by the Governor, and notified in the Gazette, the following provisions shall have effect :—

(a) No person who is not a licensed electrical contractor or a licensed electrician shall undertake or carry out electrical installation work.

(b)

(b)	No electrical contractor or electrician shall employ any person to carry out electrical installation work who is not an electrical contractor or a licensed electrician.
(c)	Nothing in the paragraphs (a) or (b)

of this subsection shall prevent the

employment of or the carrying out of electrical work by an apprentice working

under the supervision of his master under regulations made under the Industrial Arbitration A c t , 1912, as
amended by subsequent Acts or any other A c t governing the electrical
industry in the State.

(2) This section shall bind the Crown.

(b) by inserting after section fifteen the following new section :—

15A. Nothing contained in this A c t shall preclude any unlicensed person from under­ taking the installation of electricity as part of a contract for building or construction work,

if the installation is subject to the provisions

of this Ac t , carried out by a person holding a

license as an electrical contractor or a licensed electrician.
(c)	by inserting at the end of subsection two of section seventeen after the words " electrical contractor" the words "or licensed electrician";

(d) by inserting in section nineteen after the words

" electrical contractor " wherever occurring the

words " o r electrician."