Electrical Safety Act 2002 (Qld)

Electrical Safety Act 2002

An Act about electrical safety, and for other purposes

Part 1    Preliminary

Division 1 Introduction

1   Short title

This Act may be cited as the Electrical Safety Act 2002.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Act binds all persons

(1)This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)The State, Commonwealth and other States are liable for an offence against this Act.

Division 2 Purpose of Act

4   Purpose

(1)This Act is directed at eliminating the human cost to individuals, families and the community of death, injury and destruction that can be caused by electricity.

(2)Accordingly, the purpose of this Act is to establish a legislative framework for—

(a)preventing persons from being killed or injured by electricity; and

(b)preventing property from being destroyed or damaged by electricity.

5   How purpose of Act is to be achieved

The purpose of this Act is to be achieved in the following ways—

(a)imposing duties on persons who may affect the electrical safety of others by their acts or omissions;

(b)establishing benchmarks for industry and the community generally through—

(i)making regulations, ministerial notices and codes of practice about achieving electrical safety; and

(ii)introducing safety management systems for particular electricity entities;

(c)providing for the safety of all persons through licensing and discipline of persons who perform electrical work;

(d)providing for protection for consumers against failures of persons who perform electrical work to properly perform and complete the work;

(e)providing for the appointment of a commissioner for electrical safety to advise the Minister on electrical safety matters and to manage the activities of the Electrical Safety Board and its committees;

(f)establishing the Electrical Safety Board and its committees to—

(i)allow industry and the community to participate in developing strategies for improving electrical safety; and

(ii)participate in developing requirements for the licensing and discipline of persons who perform electrical work; and

(iii)promote community awareness about electrical safety; and

(iv)participate in developing requirements for the electrical safety of electrical equipment.

Division 3 Application of Act

6   Application of Act to mines, petroleum plant and GHG storage plant

(1)An excluded provision does not have application at a mine, petroleum plant or GHG storage plant.

(2)Also, a regulation under this Act has application at a mine, petroleum plant or GHG storage plant—

(a)only to the extent it is made other than for the purposes of an excluded provision; and

(b)only to the extent the regulation provides.

(3)In this section—

excluded provision means—

(a)part 2; or

(b)part 3; or

(c)part 4, to the extent it relates to electrical contractor licences.

GHG storage plant means private plant or an electrical installation that is operated under the Greenhouse Gas Storage Act 2009 and subject to inspection under the Petroleum and Gas (Production and Safety) Act 2004.

mine means—

(a)a coal mine under the Coal Mining Safety and Health Act 1999; or

(b)a mine under the Mining and Quarrying Safety and Health Act 1999.

petroleum plant means private plant or an electrical installation that is operated under the Petroleum and Gas (Production and Safety) Act 2004 and subject to inspection under that Act.

private plant means equipment used for generating electricity, other than equipment used by an electricity entity under an authority or special approval under the Electricity Act.

7   Application of Act to railways and light rail

Provisions of this Act, other than part 2, relating to the design of electrical equipment do not apply in relation to electrical equipment forming part of an electrical installation or electricity entity works—

(a)providing, or intended to provide, electrical traction on a railway or light rail; or

(b)used for signalling purposes on a railway or light rail.

Division 4 Interpretation

8   Definitions

The dictionary in schedule 2 defines particular words used in this Act.

9   [Repealed]

10   Meanings of electrical risk, electrically safe and electrical safety

(1)Electrical risk means—

(a)in relation to a person, the risk to the person of death, shock or injury caused directly by electricity or originating from electricity; or

(b)in relation to property, the risk to the property of—

(i)damage caused by a cathodic protection system; or

(ii)loss or damage caused directly by electricity or originating from electricity.

(2)Electrically safe means—

(a)for a person or property, that the person or property is free from electrical risk; and

(b)for electrical equipment or an electrical installation, that all persons and property are free from electrical risk from the equipment or installation; and

(c)for the way electrical equipment, an electrical installation or the works of an electricity entity are operated or used, that all persons and property are free from electrical risk from the operation or use of the equipment, installation or works; and

(d)for the way electrical work is performed, that all persons are free from electrical risk from the performance of the work; and

(e)for the way a business or undertaking is conducted, that all persons are free from electrical risk from the conduct of the business or undertaking; and

(f)for the way electrical equipment or an electrical installation is installed or repaired, that all persons are free from electrical risk from the installing or repairing of the equipment or installation.

(3)Electrical safety, for a person or property, means the person or property is electrically safe.

(4)In this section—

free from electrical risk, for a person or property, means that—

(a)electrical risk to the person or property has been eliminated, so far as is reasonably practicable; or

(b)if it is not reasonably practicable to eliminate electrical risk to the person or property, the risk has been minimised so far as is reasonably practicable.

11   Meaning of serious electrical incident

A serious electrical incident is an incident involving electrical equipment if, in the incident—

(a)a person is killed by electricity; or

(b)a person receives a shock or injury from electricity, and is treated for the shock or injury by or under the supervision of a doctor; or

(c)a person receives a shock or injury from electricity at high voltage, whether or not the person is treated for the shock or injury by or under the supervision of a doctor.

12   Meaning of dangerous electrical event

A dangerous electrical event is any of the following—

(a)the coming into existence of circumstances in which a person is not electrically safe, if—

(i)the circumstances involve high voltage electrical equipment; and

(ii)despite the coming into existence of the circumstances, the person does not receive a shock or injury;

(b)the coming into existence of both of the following circumstances—

(i)if a person had been at a particular place at a particular time, the person would not have been electrically safe;

(ii)the person would not have been electrically safe because of circumstances involving high voltage electrical equipment;

(c)an event that involves electrical equipment and in which significant property damage is caused directly by electricity or originates from electricity;

(d)the performance of electrical work by a person not authorised under an electrical work licence to perform the work;

(e)the performance of electrical work by a person if, as a result of the performance of the work, a person or property is not electrically safe;

Examples for paragraph (e)—

•the connection of electrical equipment to a source of supply involving incorrect polarity or other incorrect connection

•the performance of electrical work as a result of which an exposed wire is left in circumstances in which it can be energised by the operation of a switch or circuit breaker or the insertion of a fuse

(f)the discovery by a licensed electrical worker of electrical equipment that has not been marked as required under this Act.

13   Meaning of appliance

(1)An appliance is a device that consumes electricity and in which the electricity is converted into heat, motion or another form of energy or is substantially changed in its electrical character.

(2)Although a light fitting, including its bulb or tube, is an appliance, the bulb or tube, taken alone, is not an appliance.

14   Meaning of electrical equipment

(1)Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that—

(a)is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or

(b)is operated by electricity at a voltage greater than extra-low voltage; or

(c)is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or

(d)is, or is part of, a cathodic protection system; or

(e)is prescribed electrical equipment.

(2)Electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle if—

(a)the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or

(b)the electricity source for the equipment is a unit of the vehicle that provides propulsion to the vehicle.

Examples of things that, under subsection (2), are not electrical equipment—

•the headlights of a vehicle

•ignition spark plugs of a motor vehicle

•the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle's movement

Examples of things that are not prevented by subsection (2) from being electrical equipment—

•interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply

•a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle

(3)However, prescribed electrical equipment is electrical equipment even if it forms part of a vehicle.

14A   Meaning of prescribed electrical equipment

Prescribed electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that—

(a)is—

(i)used for controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or

(ii)operated by electricity at extra low voltage; and

(b)is placing, or may place, persons or property at electrical risk; and

(c)is prescribed by regulation for this paragraph.

15   Meaning of electrical installation

(1)An electrical installation is a group of items of electrical equipment that—

(a)are permanently electrically connected together; and

(b)can be supplied with electricity from—

(i)the works of an electricity entity; or

(ii)a generating source; or

(iii)a battery or other storage technology; and

(c)do not include items that are works of an electricity entity.

(2)Also, an electrical installation is a group of items of electrical equipment that—

(a)are permanently electrically connected together; and

(b)are used to generate electricity at a voltage greater than extra low voltage; and

(c)do not include items that are works of an electricity entity.

(3)An item of electrical equipment may be part of more than 1 electrical installation.

(4)In subsection (1)(a)—

(a)an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and

(b)connection achieved through using works of an electricity entity is not a consideration in determining whether or not electrical equipment is electrically connected.

Examples of an electrical installation—

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units

•the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan

16   Meaning of electric line

(1)An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage.

(2)However, an electric line does not include—

(a)a wire or conductor directly used in converting electricity into another form of energy; or

(b)a wire or conductor within the internal structure of a building.

Examples of things that are not electric lines—

•a cord for connecting an air conditioning unit, computer, lamp, television or toaster to a supply of electricity

•a power or lighting circuit within a building

17   Meaning of associated equipment for electric line

Associated equipment, for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line.

Examples of associated equipment—

•a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor

•an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor

18   Meaning of electrical work

(1)Electrical work means—

(a)connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or

(b)manufacturing, constructing, installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation.

Examples of electrical work—

•installing low voltage electrical wiring in a building

•installing electrical equipment into an installation coupler or interconnecter

•replacing a low voltage electrical component of a washing machine

•maintaining an electricity entity’s overhead distribution system

(2)Electrical work does not include the following—

(a)work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet;

(b)work on a non-electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical hazard;

Examples for paragraph (b)—

•painting electrical equipment covers

•repairing hydraulic components of an electrical motor

•replacing a drive belt on a washing machine

(c)replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work;

Examples for paragraph (c)—

•replacing a fuse

•replacing a light bulb in a light fitting

(d)assembling, making, modifying or repairing electrical equipment in a workplace under the Work Health and Safety Act 2011 that is prescribed under a regulation for this paragraph, if that is the principal manufacturing process at the workplace, and arrangements are in place, and are detailed in written form, for ensuring that—

(i)the work is done safely and competently; and

(ii)the equipment is tested to ensure compliance with relevant standards;

(e)building or repairing ducts, conduits or troughs (channels) where electrical wiring will be or is installed, if—

(i)the channels are not intended to be earthed; and

(ii)wiring installed in the channels is not energised; and

(iii)the work is done under the supervision of a person licensed to perform electrical installation work;

(f)locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply;

(g)assisting a licensed electrical worker to carry out electrical work, on electrical equipment under the direct supervision of the electrical worker, if the assistance does not involve physical contact with any energised electrical equipment;

(h)carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming a licensed electrical worker and only if the work is prescribed under a regulation for this paragraph;

(i)building, under the supervision of an electricity entity, an overhead electric line on structures that do not already carry an energised overhead electric line;

(j)laying, cutting or sealing underground cables that are part of the works of an electricity entity before the initial connection of the cables to an electricity source;

(k)recovering underground cables that are part of the works of an electricity entity after disconnection from an electricity source;

(l)altering, repairing, maintaining or recovering an overhead electric line that is part of the works of an electricity entity, if the work is performed under the entity's supervision and—

(i)if the line is not on supports supporting another electric line—the line has been isolated from an electricity source so that the closure of a switch can not energise the section of the line where work is being done; or

(ii)if the line is on supports supporting another electric line—both lines have been isolated from an electricity source so that the closure of a switch can not energise the section of the line where the work is being done or an adjacent section of the other line;

(m)erecting structures for the support of electrical equipment;

Examples of structures—

•electric poles and towers

(n)locating, mounting or fixing in place electrical equipment, other than—

(i)making or terminating electrical connections to the equipment; or

(ii)installing supply conductors that will connect the equipment to a supply of electricity;

(o)maintaining the structural parts of the electrical traction system on a railway, other than overhead electric lines, that forms part of the works of an electrical entity, if the work is structural work performed under a safe system of work;

(p)connecting an item of prescribed electrical equipment to existing equipment if—

(i)that task can be safely performed by a person who does not have expertise in carrying out electrical work; and

(ii)after they are connected, the item of prescribed electrical equipment and the existing equipment remain—

(A)controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or

(B)operating by electricity at extra low voltage; and

(iii)the prescribed electrical equipment is not located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; and

(iv)the prescribed electrical equipment is not, and is not part of, a cathodic protection system;

(q)disconnecting an item of prescribed electrical equipment from existing equipment if—

(i)that task can be safely performed by a person who does not have expertise in carrying out electrical work; and

(ii)before they were disconnected, the item of prescribed electrical equipment and the existing equipment were—

(A)controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or

(B)operated by electricity at extra low voltage; and

(iii)the prescribed electrical equipment is not located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; and

(iv)the prescribed electrical equipment is not, and is not part of, a cathodic protection system.

(3)In this section—

existing equipment means 1 or more items of—

(a)prescribed electrical equipment; or

(b)extra low voltage equipment.

extra low voltage equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire, other than prescribed electrical equipment, that is—

(a)used for controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or

(b)operated by electricity at extra low voltage.

19   Types of electrical work for this Act

(1)Electrical installation work is electrical work associated with an electrical installation, but does not include the following electrical work—

(a)testing, repairing or maintaining electrical equipment included in the electrical installation;

(b)replacing an appliance included in the electrical installation with a similar appliance in the circumstances prescribed by regulation for this paragraph;

(c)electric line work associated with the electrical installation.

Examples of electrical installation work—

•installing or altering wiring or fixed appliances in a building

•installing or altering a switchboard

(2)Electric line work is electrical work associated with an electric line.

Examples of electric line work—

•erecting an aerial conductor that is part of the works of an electricity entity or of an electrical installation

•installing or maintaining street lighting circuits

•testing an overhead electrical line to ensure it is correctly connected

(3)Electrical equipment work is electrical work other than electrical installation work or electric line work.

Examples of electrical equipment work—

•repairing substation electrical equipment

•repairing an electric range, whether or not it is part of an electrical installation

•installing, jointing or terminating covered cables

20   Meanings of electrical work licence and electrical contractor licence

(1)An electrical work licence is a licence authorising an individual to perform electrical work.

(2)An electrical contractor licence is a licence authorising a person to perform electrical work as part of a business or undertaking.

21   Meaning of person conducting a business or undertaking

(1)For this Act, a person conducts a business or undertaking—

(a)whether the person conducts the business or undertaking alone or with others; and

(b)whether or not the business or undertaking is conducted for profit or gain.

(2)A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association.

(3)If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership.

(4)A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking.

(5)An elected member of a local government does not in that capacity conduct a business or undertaking.

(6)A regulation may state the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act.

(7)A volunteer association does not conduct a business or undertaking for the purposes of this Act.

(8)In this section, volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association.

22   Meaning of worker

(1)A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as—

(a)an employee; or

(b)a contractor or subcontractor; or

(c)an employee of a contractor or subcontractor; or

(d)an employee of a labour hire company who has been assigned to work in the person’s business or undertaking; or

(e)an outworker; or

(f)an apprentice or trainee; or

(g)a student gaining work experience; or

(h)a volunteer; or

(i)a person of a prescribed class.

(2)For this Act, a police officer is—

(a)a worker; and

(b)at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise.

(3)The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking.

23   [Repealed]

24   Meaning of person in control of electrical equipment

(1)The person in control, of electrical equipment, is the person who controls the electrical equipment.

(2)A person who is the occupier of a place where electrical equipment is located would ordinarily be the person in control of the equipment.

Examples—

•A manufacturer that owns a factory building used for the manufacturer’s business would ordinarily be the person in control of all electrical equipment at the building.

•The body corporate for a community titles scheme would ordinarily be the person in control of electrical equipment located on common property for the scheme.

•A person who occupies a lot in a community titles scheme would ordinarily be the person in control of electrical equipment located within the lot.

(3)If there is in place a contract or other arrangement to the effect that a person other than the occupier of a place where electrical equipment is located is to control the electrical equipment, the other person is the person in control of the equipment.

Examples—

•If a manufacturer occupies a factory building under a lease, and the lease provides that the lessor keeps responsibility for the maintenance and repair of particular electrical equipment at the building, the lessor is the person in control of the particular electrical equipment.

•If the body corporate for a community titles scheme enters into a contract under which a licensed electrical contractor assumes responsibility for the repair and maintenance of electrical equipment located on common property for the scheme, the electrical contractor is the person in control of the electrical equipment.

•If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease, and the lease provides that the shopping centre management keeps responsibility for particular electrical equipment in the retail premises, the shopping centre management is the person in control of the particular electrical equipment.

•If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease, and the lease provides that the lessee may interfere with particular electrical equipment at the retail premises only with the consent of the shopping centre management, both the lessee and the shopping centre management are persons in control of the electrical equipment.

(4)Despite subsections (1) to (3), if premises are occupied as a residence other than by the owner of the premises, the owner is the person in control of electrical equipment located at the premises if it—

(a)forms part of, or is supplied for use at, the premises; and

(b)is owned by the owner of the premises.

(5)For subsection (1), a person does not control electrical equipment only because the electrical equipment—

(a)is the subject of electrical work performed by the person or directed or supervised by the person; or

(b)is used for the carrying out of work—

(i)performed by the person as a worker; or

(ii)directed or supervised by the person.

(6)In this section—

control, electrical equipment, includes having responsibility for the maintenance and repair of the electrical equipment.

25   Meaning of works of an electricity entity

Works, of an electricity entity, means the electrical equipment, and electric line associated equipment, controlled or operated by the entity to generate, transform, transmit or supply electricity.

Example of works of an electricity entity—

an overhead distribution system of a distribution entity, including transformers and switches

Example of what is not works of an electricity entity—

appliances or fixed wiring in an electricity entity’s workshop or offices

Part 2    Electrical safety duties

Division 1 Introductory

Subdivision 1 Principles that apply to duties

26   Principles that apply to duties

This subdivision sets out the principles that apply to all duties that persons have under this Act.

27   Duties not transferable

A duty can not be transferred to another person.

27A   Person may have more than 1 duty

A person can have more than 1 duty by virtue of being in more than 1 class of duty holder.

27B   More than 1 person can have a duty

(1)More than 1 person can concurrently have the same duty.

(2)Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty.

(3)If more than 1 person has a duty for the same matter, each person—

(a)retains responsibility for the person’s duty in relation to the matter; and

(b)must discharge the person’s duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity.

Subdivision 2 What is reasonably practicable

28   What is reasonably practicable in ensuring electrical safety

In this Act, reasonably practicable, in relation to a duty to ensure electrical safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring electrical safety, taking into account and weighing up all relevant matters including—

(a)the likelihood of the hazard or the risk concerned happening; and

(b)the degree of harm that might result from the hazard or the risk; and

(c)what the person concerned knows, or ought reasonably to know, about—

(i)the hazard or the risk; and

(ii)ways of eliminating or minimising the risk; and

(d)the availability and suitability of ways to eliminate or minimise the risk; and

(e)after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk.

Division 2 Duties of care

29   Duty of electricity entity

(1)An electricity entity has a duty to ensure that its works—

(a)are electrically safe; and

(b)are operated in a way that is electrically safe.

(2)Without limiting subsection (1), the duty includes the requirement that the electricity entity inspect, test and maintain the works.

30   Primary duty of care

(1)A person conducting a business or undertaking must ensure the person’s business or undertaking is conducted in a way that is electrically safe.

(2)Without limiting subsection (1), the duty includes—

(a)ensuring that all electrical equipment used in the conduct of the person’s business or undertaking is electrically safe; and

(b)if the person’s business or undertaking includes the performance of electrical work, ensuring the electrical safety of all persons and property likely to be affected by the electrical work; and

(c)if the person’s business or undertaking includes the performance of work, whether or not electrical work, involving contact with, or being near to, exposed parts, ensuring persons performing the work are electrically safe.

31   Duty of person conducting business or undertaking that designs electrical equipment or an electrical installation

(1)This section applies to a person (the designer) who conducts a business or undertaking that designs electrical equipment or an electrical installation.

(2)The designer must ensure that—

(a)the electrical equipment or installation is designed to be electrically safe; and

(b)if the designer gives the design to another entity who is to give effect to the design, the design is accompanied by information about the way the electrical equipment or installation must be used and installed to ensure the equipment or installation is electrically safe.

32   Duty of person conducting business or undertaking that manufactures electrical equipment

(1)This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures electrical equipment.

(2)The manufacturer must ensure that—

(a)the processes followed for the manufacture of the electrical equipment ensure that the electrical equipment, when made, will be electrically safe; and

(b)the electrical equipment, when made, is electrically safe.

(3)Without limiting subsection (2)(b), the duty includes ensuring that the electrical equipment, when made, is tested and examined to ensure it is electrically safe.

Note—

The circumstances in which this section applies could include circumstances in which the manufacturer is a responsible supplier and the electrical equipment is in-scope electrical equipment.

33   Duty of person conducting business or undertaking that imports electrical equipment

(1)This section applies to a person (the importer) who conducts a business or undertaking that imports electrical equipment.

(2)The importer must ensure that the electrical equipment is electrically safe.

(3)Without limiting subsection (1), the duty includes ensuring that the electrical equipment—

(a)is designed to be electrically safe; and

(b)is tested and examined to ensure it is electrically safe.

Note—

The circumstances in which this section applies could include circumstances in which the importer is a responsible supplier and the electrical equipment is in-scope electrical equipment.

34   Duty of person conducting business or undertaking that supplies electrical equipment

(1)This section applies to a person (the supplier) who conducts a business or undertaking that supplies electrical equipment.

(2)The supplier must ensure that when the electrical equipment leaves the supplier, it is accompanied by information about the way the electrical equipment must be used to ensure that its use is electrically safe.

35   Additional duties of designer, manufacturer, importer or supplier of electrical equipment

(1)A designer, manufacturer, importer or supplier of electrical equipment mentioned in section 31, 32, 33 or 34 must comply with the requirements of an electrical safety notification that apply to the designer, manufacturer, importer or supplier.

Note—

See section 206 which provides for the issue of electrical safety notifications.

(2)A designer, manufacturer or importer of electrical equipment mentioned in section 31, 32, 33 or 34 must comply with the requirements of a recall order that applies to the designer, manufacturer or importer.

Note—

See division 2B which provides for the making of recall orders.

36   Duty of installer of electrical equipment or electrical installation

(1)This section applies to a person (the installer) who installs electrical equipment or an electrical installation.

(2)The installer must ensure that—

(a)the way the electrical equipment or installation is installed is electrically safe; and

(b)the processes followed for installing the electrical equipment or installation ensure that, when installed, it will be electrically safe; and

(c)after the electrical equipment or installation is installed, the person tests and examines it to ensure it is electrically safe.

37   Duty of repairer of electrical equipment or electrical installation

(1)This section applies to a person (the repairer) who repairs electrical equipment or an electrical installation.

(2)The repairer must ensure that—

(a)the way the electrical equipment or installation is repaired is electrically safe; and

(b)the processes followed for repairing the electrical equipment or installation ensure that, when repaired, it will be electrically safe; and

(c)the electrical equipment or installation, when repaired, is electrically safe.

(3)Without limiting subsection (1), the duty includes ensuring that the electrical equipment or installation, when repaired, is tested and examined to ensure it is electrically safe.

38A   Duty of officers

(1)If a person conducting a business or undertaking has a duty under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty.

(2)Subject to subsection (3), the maximum penalty applicable under division 2A for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence.

(3)Despite anything to the contrary in section 40D, if the duty of a person conducting a business or undertaking was imposed under a provision other than sections 29 to 40, the maximum penalty under 40D for an offence by an officer under section 40D in relation to the duty is the maximum penalty fixed under the provision creating the duty for an individual who fails to comply with the duty.

(4)An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted of an offence under this Act relating to the duty.

(5)In this section, due diligence includes taking reasonable steps—

(a)to acquire and keep up-to-date knowledge of electrical safety matters; and

(b)to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and

(c)to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to electrical safety from work carried out as part of the conduct of the business or undertaking; and

(d)to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and

(e)to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty of the person conducting the business or undertaking under this Act; and

Example—

For paragraph (e), the duties under this Act of a person conducting a business or undertaking may include—

•ensuring compliance with notices issued under this Act;

•ensuring the provision of training and instruction to workers about electrical safety.

(f)to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e).

38   Duty of person in control of electrical equipment

(1)This section applies to a person who is in control of electrical equipment.

(2)The person must ensure that the electrical equipment is electrically safe.

(3)Subsection (1) does not apply to the person in control of electrical equipment to the extent that the electrical equipment—

(a)is located at premises in which the person lives; or

(b)forms part of the works of an electricity entity.

39   Duty of worker

While at work, a worker must—

(a)take reasonable care for the worker’s own electrical safety; and

(b)take reasonable care that the worker’s acts or omissions do not adversely affect the electrical safety of other persons or property; and

(c)comply, so far as the worker is reasonably able, with—

(i)any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; or

(ii)subject to subparagraph (i), any reasonable instruction about electrical equipment located at the workplace given by a person in control of the electrical equipment to allow the person to comply with this Act; and

(d)cooperate with any reasonable policy or procedure of the person conducting the business or undertaking relating to electrical safety at the workplace that has been notified to workers.

40   Duty of other person

(1)This section applies to a person at a place where electrical equipment is located, whether or not the person has another duty under this part.

(2)The person must—

(a)take reasonable care for the person’s electrical safety; and

(b)take reasonable care that the person’s acts or omissions do not adversely affect the electrical safety of other persons; and

(c)comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person in control of the electrical equipment to allow the person to comply with this Act.

40AA   Duty of person conducting business or undertaking that conducts a recognised external certification scheme

(1)This section applies to a person who conducts a business or undertaking—

(a)that conducts a recognised external certification scheme; and

(b)that certifies in-scope electrical equipment under the scheme.

(2)The person must ensure that the in-scope electrical equipment to which the certification relates is electrically safe.

Division 2A Offences and penalties

40A   Electrical safety duty

Electrical safety duty means a duty imposed under division 2.

40B   Reckless conduct—category 1

(1)A person commits a category 1 offence if—

(a)the person has an electrical safety duty; and

(b)the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and

(c)the person is reckless as to the risk to an individual of death or serious injury or illness.

Maximum penalty—

(a)for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or

(b)for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or

(c)for an offence committed by a body corporate—30,000 penalty units.

(2)The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse.

(3)A category 1 offence is a crime.

40C   Failure to comply with electrical safety duty—category 2

A person commits a category 2 offence if—

(a)the person has an electrical safety duty; and

(b)the person fails to comply with that duty; and

(c)the failure exposes an individual to a risk of death or serious injury or illness.

Maximum penalty—

(a)for an offence committed by an individual. other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,500 penalty units; or

(b)for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units; or

(c)for an offence committed by a body corporate—15,000 penalty units.

40D   Failure to comply with electrical safety duty—category 3

A person commits a category 3 offence if—

(a)the person has an electrical safety duty; and

(b)the person fails to comply with that duty.

Maximum penalty—

(a)for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—500 penalty units; or

(b)for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,000 penalty units; or

(c)for an offence committed by a body corporate—5,000 penalty units.

40E   Duty prevails over particular excuses

For an offence against sections 40C and 40D, the Criminal Code sections 23(1) and 24 are subject to division 2.

Note—

This rule is similar to the rule in the Criminal Code section 23(1) (extended to section 24), which makes that provision subject to express provisions of the Criminal Code relating to negligent acts and omission.

40F   Exceptions

(1)A volunteer does not commit an offence under this division for a failure to comply with an electrical safety duty, except a duty under section 39 or 40.

(2)An unincorporated association does not commit an offence under this Act for a failure to comply with a duty imposed on the unincorporated association under this Act.

(3)However—

(a)an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 38A; and

(b)a member of an unincorporated association may be liable for failure to comply with a duty under section 39 or 40.

Division 2B Ministerial recall orders

40G   Minister may make recall order

(1)This section applies if the Minister considers that electrical equipment is placing, or will place, persons or property in electrical risk.

(2)The Minister may make an order (a recall order) that—

(a)is directed to a stated designer, manufacturer or importer (the responsible person); and

(b)requires stated electrical equipment, or a stated type of electrical equipment, be recalled from use.

(3)The Minister may make a recall order for electrical equipment whether or not—

(a)the responsible person has already undertaken a recall of the electrical equipment; or

(b)the electrical equipment has been installed at a place.

Note—

Section 35(2) expressly provides for a duty to comply with the recall order.

40H   Notice required before making recall order

(1)Before making the recall order, the Minister must—

(a)advise the responsible person by written notice that the Minister intends to make the order and the reasons for making the order; and

(b)give the responsible person a copy of the proposed order; and

(c)call on the responsible person to show cause why the Minister should not make the proposed order.

(2)If the responsible person wishes to show cause why the recall order should not be made, the responsible person must make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order from the Minister.

(3)The Minister must consider any written submissions made by the responsible person before making the recall order.

40I   Service of recall order

(1)This section applies if, after considering any written submissions made by the responsible person under section 40H(2), the Minister still decides to make the recall order.

(2)The recall order must be in writing and be given to the responsible person.

(3)Information that is sufficient to alert the public about the electrical risk identified in the recall order must be published in—

(a)the gazette; and

(b)a newspaper circulating generally in the State.

40J   Nature of recall order

(1)The recall order must state—

(a)the reasons for the recall of the electrical equipment from use; and

(b)what the responsible person must do to recall the electrical equipment from use including, but not limited to, the following—

(i)the way in which, and the period for which, the responsible person must inform other persons about the electrical risk;

(ii)the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk;

(iii)the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe;

(iv)the information the responsible person must give to the regulator about the progress of the recall.

(2)The responsible person is liable for any cost incurred in relation to complying with the recall order, including costs incurred by a supplier giving reasonable help in relation to the recall order under section 40K.

(3)The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister.

(4)Subsection (3) does not prevent a further recall order being made for the same electrical equipment to which the recall order applied while it was in force.

40K   Supplier must help responsible person

(1)This section applies if the responsible person—

(a)produces a copy of the recall order to a supplier of electrical equipment that is the subject of the order; and

(b)asks the supplier for help in relation to the recall order.

(2)The supplier must give the responsible person reasonable help in relation to the recall order.

Examples of reasonable help—

•ceasing the supply of the recalled electrical equipment

•putting up a sign about the recall at the supplier’s place of business

•providing a collection point for recalled electrical equipment

•identifying or contacting persons supplied with the recalled electrical equipment

•giving the responsible person information about the number of items of recalled electrical equipment sold, in stock or returned by customers

Maximum penalty—50 penalty units.

Division 3 Regulations, ministerial notices and codes of practice relating to electrical safety duties

41   [Repealed]

42   Ministerial notice about discharging electrical safety duty

(1)This section applies if the Minister has identified circumstances of electrical risk for persons or property and considers that urgent action should be taken to deal with the electrical risk.

(2)The Minister may make a notice that prescribes a way of discharging a person’s electrical safety duty in relation to the electrical risk.

(3)The notice expires—

(a)1 year from the day it is notified; or

(b)on an earlier day stated in the notice.

(4)However, a regulation may extend the notice’s operation for a further period of not more than 1 year.

(5)If a notice is inconsistent with a regulation or code of practice, the notice prevails to the extent of the inconsistency.

(6)A notice is subordinate legislation.

43   Effect of ministerial notice for discharge of electrical safety duty

(1)Unless otherwise stated in a ministerial notice, the notice does not prescribe all that a person to whom the notice applies must do, or must not do, to discharge the person’s electrical safety duty in relation to the electrical risk mentioned in the notice.

(2)However, for applying the duty offence provision, the person fails to discharge the electrical safety duty in relation to the electrical risk if the person contravenes the ministerial notice.

44   Code of practice about discharging electrical safety duty

(1)The Minister may make a code of practice that states a way of discharging a person’s electrical safety duty.

(2)A code of practice, or an instrument amending or repealing a code of practice, has no effect unless the Minister gives notice of its making.

(3)A notice under subsection (2) is subordinate legislation.

(4)A code of practice, or an instrument amending or repealing a code of practice, commences on the later of the following—

(a)the day the notice under subsection (2) commences;

(b)the day the code or instrument provides that it commences.

(5)A code of practice expires 10 years after its commencement.

(6)The Minister must ensure that a copy of each code of practice as in force from time to time, and any document applied, adopted or incorporated by the code of practice, is made available for inspection without charge during normal business hours at each department office dealing with electrical safety.

(7)A code of practice may be made available in written or electronic form.

(8)If a code of practice is inconsistent with a regulation, the regulation prevails to the extent of the inconsistency.

45   Use of code of practice in proceedings

(1)This section applies in a proceeding for an offence against this Act.

(2)A code of practice is admissible in the proceeding as evidence of whether or not a duty under this Act has been complied with.

(3)The court may—

(a)have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and

(b)rely on the code in deciding what is reasonably practicable in the circumstances to which the code relates.

Note—

See section 28 for the meaning of reasonably practicable.

(4)Nothing in this section prevents a person from introducing evidence of compliance with this Act in a way that is different from the code but provides a standard of electrical safety that is equivalent to or higher than the standard required in the code.

Division 4 [Repealed]

46   [Repealed]

47   [Repealed]

Division 5 [Repealed]

48   [Repealed]

Part 2A    In-scope electrical equipment safety system

Division 1 Preliminary

48A   Definitions for part

In this part—

another State includes New Zealand.

certificate of conformity has the meaning given by a regulation made for this part.

corresponding law means a law of another State that is prescribed by regulation to be a corresponding law.

in-scope electrical equipment see section 48B.

level 2 in-scope electrical equipment has the meaning given by a regulation made for this part.

level 3 in-scope electrical equipment has the meaning given by a regulation made for this part.

national register see section 48D.

participating jurisdiction means another State that has enacted or made a corresponding law.

recognised external certification scheme means a scheme declared to be a recognised external certification scheme under section 48J.

register means to register in the national register.

responsible supplier, of in-scope electrical equipment, means—

(a)a person who conducts a business or undertaking that manufactures the electrical equipment in, or imports the electrical equipment into, Australia; or

(b)if New Zealand is a participating jurisdiction, a person who conducts a business or undertaking that manufactures the electrical equipment in, or imports the electrical equipment into, New Zealand.

48B    Meaning of in-scope electrical equipment

(1)In-scope electrical equipment is electrical equipment that—

(a)is operated by electricity within a voltage range prescribed by regulation for this paragraph; and

(b)is designed, or marketed as suitable, for household, personal or similar use.

(2)In-scope electrical equipment does not include electrical equipment prescribed by regulation for this subsection not to be in-scope electrical equipment.

(3)It is immaterial whether the electrical equipment is also designed or marketed to be used for commercial or industrial purposes.

48C   Extraterritorial operation

It is the intention of the Parliament that the operation of this part and a regulation made for this part are to, as far as possible, include operation in relation to the following—

(a)things situated in or outside the territorial limits of Queensland;

(b)acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Queensland;

(c)things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this part and a regulation made for this part, be governed or otherwise affected by the law of another jurisdiction.

Division 2 National register

48D   Regulator to establish and maintain national register

(1)The regulator must establish and maintain an in-scope electrical equipment safety system register (the national register).

(2)The national register must be available for the purposes of this Act and each corresponding law—

(a)to register responsible suppliers and level 2 or 3 in-scope electrical equipment; and

(b)to record information about certificates of conformity and other matters; and

(c)to access information in the register.

(3)The national register must be in electronic form available, on the internet, for use by any person for the purposes mentioned in subsection (2).

(4)The regulator may comply with subsections (1) to (3) by entering into an agreement with an entity under which the entity establishes and maintains the national register for the regulator.

(5)It is immaterial where the national register is located.

48E   Electronic registration procedure

(1)A person may register any matter, or record any information about a matter in the national register, by accessing the national register on the internet—

(a)inputting the information; and

(b)making the declaration (if any); and

(c)paying the fee (if any);

as indicated by prompts or fields in the register.

(2)A person who responds to the prompts or fills in the fields is taken to have given the information or made the declaration concerned.

48F   Effect of registration etc. in national register

A matter registered in the national register, or information recorded in the national register, is taken to be registered or recorded under this Act whether the registration or inclusion was done for the purposes of this Act or a corresponding law.

48G   Effect of cancellation of registration etc.

(1)This section applies if—

(a)the registration of a matter is cancelled under a corresponding law; or

(b)information recorded in the national register is omitted under a corresponding law.

(2)The registration is cancelled or the information is omitted for the purpose of this Act.

(3)However, the cancellation or omission does not entitle a person to apply for a review of the decision resulting in the cancellation or omission, or to appeal against that decision, under part 12.

Note—

For any review of the decision, see the corresponding law.

48H   Regulator may note cancellation under corresponding law in national register

(1)This section applies if—

(a)the registration of a responsible supplier or of level 2 or 3 in-scope electrical equipment is cancelled under a corresponding law; and

(b)the regulator is notified of the cancellation under arrangements agreed to by the regulator.

(2)The regulator must record notice of the cancellation in the national register.

48I   Registration fees

(1)This section applies for prescribing fees under a regulation for the registration of responsible suppliers or level 2 or 3 in-scope electrical equipment.

(2)The fees prescribed may be prescribed at a premium level having regard to the following—

(a)under this Act and corresponding laws matters registered in the national register will be taken to be registered under this Act and each corresponding law; and

(b)under an agreement between the State and the participating jurisdictions—

(i)the only fees payable for registration, whether under this Act or a corresponding law, will be the fees prescribed under the regulation; and

(ii)the fees will—

(A)in the first instance, be paid to the regulator through the national register; and

(B)be paid by the regulator into the fund; and

(C)be paid from the fund as mentioned in section 204C(1).

(3)Subsection (2) does not limit the matters that may be taken into account when prescribing the fees but may extend the matters.

(4)Subsections (1) and (2) do not limit the fees that may be prescribed under section 210(4) for this part or the national register.

(5)A fee payable under subsection (2) must be paid under section 48E(1) or the equipment safety rules.

Division 3 Recognised external certification schemes

48J   Recognised external certification schemes

(1)The regulator may, by gazette notice, declare a scheme for the certification of types of in-scope electrical equipment to be a recognised external certification scheme.

(2)A regulation may make provision about the declaration of a scheme under subsection (1).

Division 4 Rules

48K   Regulator may make rules

(1)The regulator may make rules under this part (the equipment safety rules).

(2)Without limiting subsection (1), a rule may—

(a)be about—

(i)the registration of matters including the declarations to be made by responsible suppliers relating to their registration and to their registration of level 2 or 3 in-scope electrical equipment; or

(ii)the recording of any information in the national register;

(iii)the correction, change or withdrawal of information recorded in the national register in relation to the registration of a matter or otherwise; or

(iv)process for issuing certificates of conformity; or

(b)approve an entity as an approved testing entity.

(3)A rule may contain other information relating to this part or a regulation.

(4)A rule must not be inconsistent with this Act.

(5)The regulator must notify the making of a rule in the gazette.

(6)A rule takes effect—

(a)on the day the making of the rule is notified in the gazette; or

(b)if a later day is stated in the notice or the rule—on that day.

(7)The regulator must make a copy of the equipment safety rules available for public inspection on the department’s website on the internet.

Part 2B    Industrial manslaughter

48L   Definitions for part

(1)In this part—

conduct means an act or omission to perform an act.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

senior officer, of a person conducting a business or undertaking, means—

(a)if the person is a corporation—an executive officer of the corporation; or

(b)otherwise—the holder of an executive position (however described) in relation to the person who makes, or takes part in making, decisions affecting all, or a substantial part, of the person’s functions.

(2)For this part, a person’s conduct causes death if it substantially contributes to the death.

(3)For this part, a reference to a worker carrying out work for a business or undertaking includes a reference to a worker who is at a workplace to carry out work for the business or undertaking, including during a work break.

48M   Exceptions

(1)A volunteer does not commit an offence under this part.

(2)Despite section 40F(2), a senior officer of an unincorporated association (other than a volunteer) may commit an offence under this part.

(3)The Criminal Code, section 23 does not apply to an offence under this part.

48N   Industrial manslaughter—person conducting business or undertaking

(1)A person conducting a business or undertaking commits an offence if—

(a)a worker—

(i)dies in the course of carrying out work for the business or undertaking; or

(ii)is injured in the course of carrying out work for the business or undertaking and later dies; and

(b)the person’s conduct causes the death of the worker; and

(c)the person is negligent about causing the death of the worker by the conduct.

Maximum penalty—

(a)for an individual—20 years imprisonment; or

(b)for a body corporate—100,000 penalty units.

Note—

See section 188 or 190B in relation to imputing to a body corporate or public authority particular conduct of employees, agents or officers of the body corporate or public authority.

(2)An offence against subsection (1) is a crime.

48O   Industrial manslaughter—senior officer

(1)A senior officer of a person conducting a business or undertaking commits an offence if—

(a)a worker—

(i)dies in the course of carrying out work for the business or undertaking; or

(ii)is injured in the course of carrying out work for the business or undertaking and later dies; and

(b)the senior officer’s conduct causes the death of the worker; and

(c)the senior officer is negligent about causing the death of the worker by the conduct.

Maximum penalty—20 years imprisonment.

(2)An offence against subsection (1) is a crime.

Part 3    Enforceable undertakings

49   Regulator may accept an electrical safety undertaking

(1)The regulator may accept a written undertaking (an electrical safety undertaking) given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act.

(2)An electrical safety undertaking can not be accepted for a contravention or alleged contravention that is—

(a)a category 1 offence; or

(b)a category 2 offence, if the person’s failure to comply with an electrical safety duty results in the death of an individual; or

(c)an offence against part 2B.

(3)The giving of an electrical safety undertaking does not constitute an admission of guilt by the person giving it for the contravention or alleged contravention to which the undertaking relates.

(4)The regulator must issue, and publish on the regulator’s website, general guidelines in relation to the acceptance of electrical safety undertakings under this Act.

49A   [Repealed]

50   Notice of decision and reasons for decision

(1)The regulator must give the person seeking to make an electrical safety undertaking written notice of the regulator's decision to accept or reject the undertaking and of the reasons for the decision.

(2)The regulator must publish, on the regulator’s website, notice of a decision to accept an electrical safety undertaking and the reasons for that decision.

51   When an electrical safety undertaking is enforceable

An electrical safety undertaking takes effect and becomes enforceable when the regulator’s decision to accept the undertaking is given to the person who made the undertaking or at any later date stated by the regulator.

52   Compliance with an electrical safety undertaking

A person must not contravene an electrical safety undertaking made by that person that is in effect.

Maximum penalty— 500 penalty units.

53   Contravention of an electrical safety undertaking

(1)The regulator may apply to a Magistrates Court for an order if a person contravenes an electrical safety undertaking.

(2)If the court is satisfied that the person who made the electrical safety undertaking has contravened the undertaking, the court, in addition to the imposition of any penalty, may make 1 or both of the following orders—

(a)an order directing the person to comply with the undertaking;

(b)an order discharging the undertaking.

(3)In addition to the orders mentioned in subsection (2), the court may make any other order that the court considers appropriate in the circumstances, including orders directing the person to pay to the State—

(a)the costs of the proceedings; and

(b)the reasonable costs of the regulator in monitoring compliance with the electrical safety undertaking in the future.

(4)Nothing in this section prevents proceedings being taken for the contravention or alleged contravention of this Act to which the electrical safety undertaking relates.

Note—

Section 54A states circumstances affecting proceedings for a contravention for which an electrical safety undertaking has been given.

54   Withdrawal or variation of electrical safety undertaking

(1)A person who has made an electrical safety undertaking may at any time, with the written agreement of the regulator—

(a)withdraw the undertaking; or

(b)vary the undertaking.

(2)However, the provisions of the undertaking can not be varied to provide for a different alleged contravention of the Act.

(3)The regulator must publish, on the regulator’s website, notice of the withdrawal or variation of an electrical safety undertaking.

54A   Proceeding for alleged contravention

(1)Subject to this section, no proceedings for a contravention or alleged contravention of this Act may be taken against a person if an electrical safety undertaking is in effect in relation to the contravention.

(2)No proceedings may be taken for a contravention or alleged contravention of this Act against a person who has made an electrical safety undertaking for the contravention and has completely discharged the electrical safety undertaking.

(3)The regulator may accept an electrical safety undertaking for a contravention or alleged contravention before proceedings for the contravention have been finalised.

(4)If the regulator accepts an electrical safety undertaking before the proceedings are finalised—

(a)the regulator must immediately notify the WHS prosecutor of the acceptance of the undertaking; and

(b)the WHS prosecutor must take all reasonable steps to have the proceedings discontinued as soon as possible.

Part 4    Licences

Division 1 Requirements for electrical licences

55   Requirement for electrical work licence

(1)A person must not perform or supervise electrical work unless—

(a)the person is the holder of an electrical work licence in force under this Act; and

(b)the licence authorises the person to perform the work.

Maximum penalty—400 penalty units.

(2)Only an individual may be the holder of an electrical work licence.

(3)A person is not required under subsection (1) to hold an electrical work licence for the purpose of the following—

(a)performance or supervision of electrical work for the purpose of installing or repairing telecommunications cabling;

(b)performance or supervision of electrical work in practising the person’s profession as an electrical engineer;

(c)performance or supervision of remote rural installation work;

(d)performance or supervision of electrical work as part of the testing of electrical equipment that the person is authorised to do under a regulation;

(e)performance, as an apprentice, of electrical work in a calling that requires the apprentice to perform electrical work;

(f)performance, as a trainee, of electrical work in a calling that requires the trainee to perform electrical work of a type prescribed under a regulation;

(g)performance, as a student, of electrical work as part of training under the supervision of teaching staff at—

(i)a university; or

(ii)a college, school or similar institution conducted or approved by a department of the State or of the Commonwealth.

56   Requirement for electrical contractor licence

(1)A person must not conduct a business or undertaking that includes the performance of electrical work unless the person is the holder of an electrical contractor licence that is in force.

Maximum penalty—400 penalty units.

(2)Without limiting subsection (1), a person conducts a business or undertaking that includes the performance of electrical work if the person—

(a)advertises, notifies or states that, or advertises, notifies or makes a statement to the effect that, the person carries on the business of performing electrical work; or

(b)contracts for the performance of electrical work, other than under a contract of employment; or

(c)represents to the public that the person is willing to perform electrical work; or

(d)employs a worker to perform electrical work, other than for the person.

(3)However, a person does not conduct a business or undertaking that includes the performance of electrical work only because the person—

(a)is a licensed electrical mechanic who—

(i)performs electrical work for the person or a relative of the person at premises owned or occupied by the person or relative; or

(ii)makes minor emergency repairs to make electrical equipment electrically safe; or

(b)contracts for the performance of work that includes the performance of electrical work if the electrical work is intended to be subcontracted to the holder of an electrical contractor licence who is authorised under the licence to perform the electrical work.

(4)This section does not authorise the performance of electrical work by a person who does not have an electrical work licence for the work.

(5)A person does not contravene subsection (1) if—

(a)the person conducts a business or undertaking that includes the performance of electrical work as a partner in a partnership; and

(b)the partnership is the holder of an electrical contractor licence that is in force.

57   Compliance with conditions and restrictions

(1)The holder of an electrical work licence who performs or supervises electrical work must comply with all conditions and restrictions included in the licence.

Maximum penalty—400 penalty units.

(2)The holder of an electrical contractor licence who performs electrical work must comply with all conditions and restrictions included in the licence.

Maximum penalty for subsection (2)—400 penalty units.

57AA   Person conducting a business or undertaking must ensure workers are appropriately licensed

(1)This section applies if a person is conducting a business or undertaking that includes the performance of electrical work.

(2)The person must ensure—

(a)the electrical work is performed by the holder of an electrical work licence that authorises the performance of the work; and

(b)any supervision of the electrical work is carried out by the holder of an electrical work licence that authorises the performance of the work.

Maximum penalty—400 penalty units.

(3)Subsection (2) does not apply if the electrical work is performed or supervised by a person who, under section 55, is not required to hold an electrical work licence for the purpose of performing or supervising the work.

57AB   Person conducting a business or undertaking must keep register of licensed workers

(1)This section applies if—

(a)a person (the relevant person) conducts a business or undertaking that includes the performance of electrical work; and

(b)the relevant person engages other persons to perform or supervise the electrical work.

(2)The relevant person must—

(a)keep a register of licensed workers in a way that complies with subsection (3); and

(b)if asked by an inspector, make the register of licensed workers available for immediate inspection by the inspector.

Maximum penalty—100 penalty units.

(3)The register of licensed workers kept by the relevant person must—

(a)include the prescribed details for each holder of an electrical work licence engaged by the relevant person to perform or supervise electrical work—

(i)while the holder is engaged by the relevant person to perform or supervise electrical work; or

(ii)if the holder ceases to be engaged by the relevant person to perform or supervise electrical work—for at least 5 years after the holder ceases to be engaged by the relevant person; and

(b)be updated within 7 days after the relevant person is notified, under section 57AC, of a change in any of the prescribed details, for the holder of an electrical work licence, included in the register; and

(c)include the date on which the prescribed details for the holder of an electrical work licence are included in the register or are updated.

(4)A register of licensed workers may be kept in electronic form.

57AC   Licence holder engaged by person conducting a business or undertaking must notify changes

(1)This section applies if the holder of an electrical work license is engaged to perform or supervise electrical work for a person (the relevant person) who conducts a business or undertaking that includes the performance of electrical work.

(2)The holder must notify, in writing, the relevant person if any of the following happens within 14 days after it happens—

(a)the electrical work licence held by the person—

(i)is suspended or cancelled; or

(ii)is surrendered; or

(iii)expires and is not renewed; or

(iv)is amended in a way that—

(A)changes the work or activities that are authorised to be performed under the licence; or

(B)includes or changes a condition or restriction in the licence;

(b)the electrical work licence held by the holder is renewed or reinstated;

(c)any other prescribed details for the holder change.

Example for paragraph (c)—

the holder’s name changes

Maximum penalty—

(a)for paragraph (a)—40 penalty units; or

(b)for paragraph (b) or (c)—10 penalty units.

Division 1A Rectification of defective electrical work

57A   Power of regulator to direct defective electrical work to be rectified

(1)This section applies if—

(a)the regulator considers that a person has contravened section 55 or 56; and

(b)the regulator considers that—

(i)the way the electrical work was performed was not electrically safe; or

(ii)the person who actually performed the electrical work was negligent or incompetent in performing the work; or

(iii)because of the performance of the work, a person or property is not electrically safe.

(2)The regulator may direct the person to rectify the electrical work.

57B   Notice of proposed action

(1)Before the regulator gives a direction to rectify the electrical work, the regulator must give the person a written notice—

(a)stating that the regulator proposes to direct the person to rectify the electrical work within the period stated in the direction (the proposed action); and

(b)stating the grounds for the proposed action; and

(c)outlining the facts and circumstances forming the basis for the grounds; and

(d)inviting the person to show, within a stated time of at least 14 days, why the proposed action should not be taken.

(2)The regulator must consider any representations made by the person within the stated time.

(3)If the regulator still considers a ground exists to take the proposed action, the regulator may direct the person to rectify the electrical work within the period stated in the direction.

(4)The regulator must give the person—

(a)written notice of the decision; and

(b)include with the written notice an information notice for the decision.

(5)If the direction is given to a person who is not currently licensed to carry out the required work, the person must have the work carried out by a licensed contractor.

(6)The person to whom the direction is given must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(7)It is not a reasonable excuse for a person not to comply with the requirement that a contractor engaged by the person to perform the work had failed to perform the work.

Division 2 Electrical licence applications

58   Definition for division

In this division—

electrical licence application means an application to the regulator for—

(a)the issue of an electrical licence; or

(b)the renewal of an electrical licence; or

(c)the reinstatement of an electrical licence.

59   Application for issue of electrical licence

(1)A person may apply to the regulator for the issue of an electrical licence.

(2)The application for the electrical licence—

(a)must be made in the approved form; and

(b)must otherwise comply with the requirements prescribed under a regulation about applying for the issue of the electrical licence, including any requirements about the payment of fees.

(3)The regulator may issue, or refuse to issue, the electrical licence.

(4)In deciding whether to issue the electrical licence, the regulator must apply any eligibility requirements prescribed under a regulation for the issue of the licence.

60   Application for renewal of electrical licence

(1)The holder of an electrical licence may, before the licence expires (the licence expiry), apply to the regulator for the renewal of the licence.

(2)The application for the renewal of the electrical licence—

(a)must be made in the approved form; and

(b)must otherwise comply with the requirements prescribed under a regulation about applying for the renewal of the electrical licence, including any requirements about—

(i)the payment of fees; and

(ii)the day by which the application must be made.

(3)The regulator may renew, or refuse to renew, the electrical licence.

(4)In deciding whether to renew the electrical licence, the regulator must apply any eligibility requirements prescribed under a regulation for the renewal of the licence.

(5)If the electrical licence is renewed before the licence expiry, the renewal has effect from the licence expiry.

(6)If the electrical licence is not renewed before the licence expiry—

(a)the licence as in force immediately before the licence expiry continues in force until—

(i)it is renewed; or

(ii)the regulator gives written notice of a refusal to renew; and

(b)if the licence is renewed, the licence, as renewed, ends on the day it would have ended if it had been renewed with effect from the licence expiry.

61   Application for reinstatement of electrical licence

(1)If an electrical licence expires (the licence expiry), the person who was the holder of the licence may, within 1 year after the licence expiry, apply to the regulator for the reinstatement of the licence.

(2)The application must—

(a)be made in the approved form; and

(b)otherwise comply with the requirements prescribed under a regulation about applying for the reinstatement of an electrical licence, including any requirements about the payment of fees.

(3)The regulator may reinstate, or refuse to reinstate, the electrical licence.

(4)In deciding whether to reinstate the electrical licence, the regulator must apply any eligibility requirements prescribed under a regulation for the reinstatement of the licence.

(5)The reinstatement has effect from the end of the day of reinstatement.

(6)The electrical licence, as reinstated, is not taken to have been in force for the period from the licence expiry to the reinstatement.

(7)However, the electrical licence, as reinstated, ends on the day it would have ended if it had been renewed with effect from the licence expiry instead of being reinstated.

62   Further information or documents to support electrical licence application

(1)The regulator may, by written notice given to the applicant under an electrical licence application, require the applicant to give the regulator, within a reasonable period of at least 21 days stated in the notice, further information or a document the regulator reasonably requires to decide the application.

237   Notice by licensed electrical contractor of electrical accident happening before commencement

(1)This section applies if, immediately before the commencement, section 168 of the Electricity Act, as in force immediately before the commencement, applied because of particular circumstances.

(2)Section 168 has continuing application in relation to the circumstances as if the section had not been repealed, whether or not, at the commencement, the licensed electrical contractor had given notice under section 168(2).

238   Notice by electricity entity of accident

(1)This section applies if, immediately before the commencement, circumstances applied under section 170 of the Electricity Act, as in force immediately before the commencement, requiring the electricity entity to advise the regulator of an accident.

(2)Section 170 has continuing application in relation to the circumstances as if the section had not been repealed, whether or not, at the commencement, the electricity entity had advised the regulator of the accident under section 170(1).

239   Accident reported to electricity entity before commencement

(1)This section applies if, immediately before the commencement—

(a)under section 171 of the Electricity Act as in force immediately before the commencement, an electricity entity had received a report of an accident; and

(b)all action required under section 171 had not been completed.

(2)The electricity entity must advise the chief executive of the report, and of the extent to which action has been taken under section 171.

(3)To the extent the chief executive considers appropriate, the accident may be investigated under this Act as if it had happened after the commencement.

240   Making unsafe things safe

(1)This section applies if, before the commencement, the regulator made a requirement under section 177(2) of the Electricity Act as in force immediately before the commencement.

(2)Section 177 has continuing application in relation to the circumstances of the requirement as if the section had not been repealed.

241   Evidentiary certificate of member or officer of EWC Board

A certificate in existence immediately before the commencement under section 250 of the Electricity Act, as in force immediately before the commencement, continues to have effect as evidence of a matter as provided for in that section.

Part 16    Transitional provision for Workers’ Compensation and Rehabilitation and Other Acts Amendment Act 2004

242   Existing codes of practice

(1)The codes of practice mentioned in the Electrical Safety (Codes of Practice) Notice 2002, and as in force immediately before the commencement of this section, expire 10 years after their commencement.

(2)To remove any doubt, it is declared that subsection (1) does not prevent a code of practice mentioned in the subsection from being amended or repealed before its expiry under this Act.

Part 17    Transitional provision for Workplace Health and Safety and Other Legislation Amendment Act 2008

243   Applications to Supreme Court

Section 156, as in force immediately before the commencement of this section, continues to apply after the commencement to an application to the Supreme Court made before the commencement as if the Workplace Health and Safety and Other Legislation Amendment Act 2008, section 32 had not been enacted.

Part 18    Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2009

244   Definition for pt 18

In this part—

amending Act means the Electrical Safety and Other Legislation Amendment Act 2009.

245   Notices published in industrial gazette

(1)This section applies if, before the commencement, a notice was published in the industrial gazette as required by section 121(5) as in force before the commencement.

(2)The notice continues to have been published for section 121 after the commencement despite the amendment of that section by the amending Act.

(3)In this section—

commencement means the commencement of this section.

industrial gazette means the Queensland Government Industrial Gazette.

246   [Repealed]

Part 18A    Transitional provisions for the Guardianship and Administration and Other Legislation Amendment Act 2012

246A   Vacation of office of members of certain committees

(1)This section applies to the members of the Electrical Safety Education Committee and the members of the Electrical Equipment Committee holding office immediately before the commencement of this section.

(2)On the commencement of this section the members’ appointments as members of either committee ends.

246B   Commencement provision

(1)This section applies if section 387 of the Work Health and Safety Act 2011, to the extent it replaces section 205 of this Act, commences before section 30 of the Guardianship and Administration and Other Legislation Amendment Act 2012 (the amending section) commences.

(2)The amending section is taken not to have commenced and is repealed.

Part 19    [Repealed]

247   [Repealed]

Part 20    Transitional provisions for Work Health and Safety Act 2011

247A   Definitions for pt 20

In this part—

amended includes—

(a)repealed; and

(b)replaced.

Note—

See also the Acts Interpretation Act 1954, schedule 1, definition amend.

amendment Act means the Work Health and Safety Act 2011.

248   Proceedings for offence generally

(1)This section applies if—

(a)an offence is committed by a person against a provision of this Act before the provision is amended by the amendment Act; and

(b)the investigation or proceedings for the offence have not been conducted, taken or completed before the amending happens.

(2)The investigation or proceedings may be conducted, taken or continued as if this Act had not been amended by the amendment Act.

(3)However, sections 186 and 187 as applied under subsection (2) apply to offence proceedings started after the amending of the offence provision as if a reference to the chief executive were a reference to the regulator.

249   Enforceable undertaking preserved

(1)Subsection (2) applies to an electrical safety undertaking—

(a)made under part 3 before its amendment by the amending Act (the amendment); and

(b)in force immediately before the amendment.

(2)Part 3 continues to apply in relation to the electrical safety undertaking as if the amendment had not happened.

(3)However, for subsection (2), sections 51, 53 and 54, as they existed before the amendment, apply as if a reference to the chief executive were a reference to the regulator.

(4)Also, the undertaking continues in force, in relation to an act or omission of the identified person happening after the amendment, as if it were an undertaking accepted by the regulator under section 49(1) to the extent to which the future behaviour assurance is material to compliance with this Act after the amendment.

(5)Subsection (4) does not apply to an act or omission that constitutes a category 1 offence.

(6)Subsection (7) and (8) apply if, immediately before the amendment, the chief executive—

(a)has received an undertaking under section 49A; but

(b)has not made a decision whether to accept the undertaking under section 50.

(7)The regulator must decide whether or not to accept the undertaking.

(8)If the regulator accepts the undertaking, subsections (2) to (5) and (9) and (11) apply to the undertaking.

(9)For subsection (4), a reference—

(a)in the undertaking to the alleged contravention; or

(b)in the future behaviour assurance to a contravention of this Act as it existed before the amendment;

is taken to include a reference to a contravention of this Act that corresponds to those contraventions.

Note—

Paragraph (a) is relevant to the continued operation of section 51 as it existed before the amendment. Paragraph (b) is relevant if future behaviour is expressed in terms of contraventions of particular sections.

(10)Despite subsections (1) to (9), the regulator may accept an electrical safety undertaking under part 3 as amended for a contravention of this Act that happened before the amendment.

(11)In this section—

future behaviour assurance is the assurance about future behaviour from the identified person included in the electrical safety undertaking.

identified person means the identified person for the undertaking.

250   Appointment of inspector

(1)This section applies to a person who, immediately before the amendment of part 10, division 1 by the amending Act, was an inspector appointed under the division.

(2)The person is taken to be appointed by the regulator as an inspector under section 123.

(3)The inspectors compliance powers continue to be subject to a condition or limit imposed under section 123 before the amendment.

251   Improvement notice preserved

(1)This section applies to an improvement notice—

(a)given by an inspector under section 153 (old section 153) as it existed before the amendment of the section by the amendment Act (the amendment) for a contravention or likely contravention of a provision of this Act (the notified contravention); and

(b)in force immediately before the amendment.

(2)The notice continues to be enforceable against the person to whom it was given for an offence against old section 153(5) that happened before the amendment as if the amendment had not happened.

(3)Also, the improvement notice continues in force and may be enforced after the amendment as if it were an improvement notice given to the person under section 146 for a contravention or likely contravention of a provision of this Act that is, or corresponds to, the provision to which the notified contravention relates.

252   Warrants and actions by inspector preserved

(1)A warrant issued under part 11 before its amendment by the amending Act continues to have effect for the purposes of this Act.

(2)A power exercised by an inspector before the amendment of this Act by the amending Act—

(a)continues to have lawful effect for the purposes of this Act; and

(b)if the context permits, is taken to have been exercised under a corresponding provision of this Act as amended by the amendment Act.

(3)However, subsection (2) does not apply to an exercise of an inspector’s powers to which sections 249 or 251 applies.

(4)In this section—

corresponding provision means a provision of this Act as amended by the amendment Act that corresponds to a provision under which the power mentioned in subsection (2) was exercised.

253   Reviews and appeals

(1)Part 12, as it existed before being amended by the amendment Act, continues to apply to a decision made before the amendment as if it had not been amended.

(2)Another provision of this part that would have applied to a matter if the final decision on a review or appeal under part 12 had been made before the part was amended applies to matter as if the final decision had been made before the part was amended.

254   Replacement of chief executive by regulator

(1)This section applies to an amendment of this Act carried out by the Work Health and Safety Act 2011, schedule 4 replacing in each amended provision a reference to the chief executive with a reference to the regulator.

(2)A decision made or action taken by the chief executive made or taken before the amendment continues to have effect after the amendment.

(3)For subsection (2)—

(a)if the context permits; and

(b)to give effect to the establishment of the office of regulator;

subsections (4) and (5) apply for the operation of the amended provision.

(4)A reference to a decision or action made or taken under the provision by the regulator includes a reference to a decision or action made or taken by the chief executive before the amendment (the original chief executive decision or action).

(5)If—

(a)any further decision or action must or may be taken in relation to the original chief executive decision or action; and

(b)that decision or action would have been taken by the chief executive if the provision had not been amended;

the decision or action must or may be taken by the regulator.

(6)Sections 179, 180, 181 and 184, as they existed before being amended, continue to apply to the appointment, signature and certificate of the chief executive to which they applied before the amendment.

(7)Without limiting subsection (6), the regulator may issue a certificate under section 181 or 184 as amended, even though the matter certified arose before they were amended.

Part 22    Transitional provision for Work Health and Safety and Other Legislation Amendment Act 2015

256   Current chairpersons to hold office until commissioner is appointed

(1)This section applies if, on the commencement, there is no commissioner holding office.

(2)The chairperson of the board holding office immediately before the commencement continues to hold office as chairperson of the board until the commissioner’s term of appointment starts.

(3)The chairperson of the licensing committee holding office immediately before the commencement continues to hold office until the commissioner’s term of appointment starts.

Part 23    Transitional provisions for Electrical Safety and Other Legislation Amendment Act 2024

257   Application of ss 141 and 141B

Sections 141 and 141B, as in force immediately before the commencement, continue to apply in relation to a place entered by an inspector under section 138 before the commencement as if the Electrical Safety and Other Legislation Amendment Act 2024, sections 20 and 21 had not commenced.

258   Existing proceedings

(1)This section applies to a proceeding for an offence against this Act started before the commencement by—

(a)the regulator; or

(b)an inspector with the written authorisation of the regulator.

(2)If, immediately before the commencement, the proceeding had not been finally dealt with, on the commencement—

(a)if the proceeding was taken by the regulator—the WHS prosecutor becomes a party to the proceeding in place of the regulator; or

(b)if the proceeding was taken by an inspector, other than the WHS prosecutor, with the written authorisation of the regulator—the inspector is taken to hold a written authorisation from the WHS prosecutor for the proceeding.

259   Continued application of limitation period

(1)This section applies if an offence came to the notice of the regulator before the commencement.

(2)Section 186B, as in force immediately before the commencement, continues to apply in relation to the offence as if the Electrical Safety and Other Legislation Amendment Act 2024, section 29 had not commenced.

Schedule 2 Dictionary

section 8

advisory committee means an advisory committee established under part 8, division 3.

alleged contravention, for an electrical safety undertaking, see section 49.

amended, for part 20, see section 247A.

amendment Act, for part 20, see section 247A.

another State, for part 2A, see section 48A.

appliance see section 13.

appointed member, of the board or of a board committee, means a member of the board or committee who is appointed by the Minister.

appointed person, for part 13, division 1, see section 178A.

apprentice means an apprentice under the Further Education and Training Act 2014.

approved form means a form approved by the regulator under section 208.

Articles regulation, for part 15, see section 211.

associated equipment, for an electric line, see section 17.

board means the Electrical Safety Board.

board committee means—

(a)the licensing committee; or

(b)the safety education committee; or

(c)the equipment committee; or

(d)an advisory committee.

bodily harm ...

calling includes a craft, manufacture, occupation, trade, undertaking or vocation.

category 1 offence see section 40B.

category 2 offence see section 40C.

category 3 offence see section 40D.

cathodic protection system means a system by which a structure in contact with ground or water is protected from electrolytic corrosion by a direct electric current flowing between the structure and an electrical conductor through the ground or water.

causes, for part 2B, see section 48L(2).

certificate of conformity see section 48A.

code of practice means a code of practice in force under section 44.

commencement, for part 15, see section 211.

compliance powers means the functions and powers conferred on an inspector under this Act.

conduct, for part 2B, see section 48L(1).

confirmation notice, for part 12, see section 167.

consumer means a person who receives electricity generated, transmitted or distributed by an electricity entity.

convicted means found guilty, or having a plea of guilty accepted by a court, whether or not a conviction is recorded.

corresponding law, for part 2A, see section 48A.

corresponding law, other than for part 2A, means—

(a)a law of another State corresponding, or substantially corresponding, to this Act; or

(b)a law of another State that is declared under a regulation to be a corresponding law, whether or not the law corresponds, or substantially corresponds, to this Act.

corresponding regulator means a person who, in relation to the administration of a corresponding law, has functions similar to the regulator in relation to the administration of this Act.

customer connection service has the meaning given by the NERL (Qld).

customer retail service has the meaning given by the NERL (Qld).

dangerous electrical event see section 12.

decision, for part 12, see section 167.

de facto spouse means either 1 of 2 people, whether of the same or opposite sex, who are living together as a couple on a genuine domestic basis in a relationship based on intimacy, trust and personal commitment to each other.

design, in relation to electrical equipment or an electrical installation, includes—

(a)design of part of the equipment or installation; and

(b)redesign or modify a design.

disciplinary decision, for part 12, see section 167.

disciplinary hearing see section 115.

disciplinary hearing notice see section 116.

distribution entity means a distribution entity under the Electricity Act.

electrical contractor licence see section 20(2).

electrical engineer means—

(a)a person who is a registered professional engineer under the Professional Engineers Act 2002 and who is registered in the area or preserved area of electrical engineering under that Act; or

(b)a person who held a degree in electrical engineering granted by—

(i)an approved school of engineering under the repealed Professional Engineers Act 1988; or

(ii)an approved faculty of engineering under the repealed Professional Engineers Act 1988;

before the repeal of that Act and who continues to hold the degree; or

(c)a person who held, immediately before the commencement of the Professional Engineers and Other Legislation Amendment Act 2008, and continues to hold, a qualification in electrical engineering granted by a tertiary education institution that entitled the person to be admitted to the Institution of Engineers Australia, as a graduate member.

electrical equipment see section 14.

electrical equipment work see section 19(3).

electrical installation see section 15.

electrical installation work see section 19(1).

electrical licence means an electrical work licence or an electrical contractor licence.

electrical licence application, for part 4, division 2, see section 58.

electrically safe see section 10(2).

electrical risk see section 10(1).

electrical safety see section 10(3).

electrical safety contribution notice see section 202.

electrical safety duty see section 40A.

electrical safety notification see section 206.

electrical safety obligation ...

electrical safety protection notice see section 147.

electrical safety undertaking see section 49.

electrical work see section 18.

electrical work licence see section 20(1).

electricity includes electric current, electrical energy and similar or related physical qualities.

Electricity Act means the Electricity Act 1994.

electricity entity means—

(a)a generation entity, transmission entity or distribution entity; or

(b)a special approval holder that is authorised under the Electricity Act to do something that a generation entity, transmission entity or distribution entity may do under that Act; or

(c)a railway manager, or light rail manager for a light rail, that is exempted by the Electricity Act, section 20Q or 20QA, from the requirements of section 88A of that Act; or

(d)the Authority under the Queensland Rail Transit Authority Act 2013; or

(e)Airtrain Citylink Limited ACN 066 543 315.

Electricity Regulation, for part 15, see section 211.

electric line see section 16.

electric line work see section 19(2).

employer ...

energise means energise by electricity.

engages in conduct means doing an act or omitting to do an act.

Engineers Act ...

equipment committee means the Electrical Equipment Committee established under section 93.

equipment safety rules see section 48K.

equivalent licence, for part 15, see section 211.

EWC Board, for part 15, see section 211.

executive officer, of a corporation, for part 2B, see section 48L(1).

executive officer offence provision means section 199.

exposed means—

(a)bare; or

(b)not effectively insulated; or

(c)not effectively guarded by either a fixed barrier or an earthed metal shield.

exposed part means an exposed conductor or an exposed component of an item of electrical equipment.

external licence means a current licence, permit certificate or other authority—

(a)issued under a law of the Commonwealth, another State or New Zealand; and

(b)authorising the holder to perform work of a type the holder of an electrical work licence is authorised to perform.

external licence recognition provision means section 65.

extra low voltage means voltage of 50V or less AC RMS, or 120V or less ripple-free DC.

facsimile warrant ...

fee includes charge.

fund see section 204A.

generation entity means a generation entity under the Electricity Act.

grievous bodily harm ...

hearing notice see section 121AD(2).

high voltage means voltage greater than low voltage.

hire includes—

(a)agree, attempt or offer to hire; and

(b)possess, expose or advertise for hire; and

(c)cause or allow to be hired.

identified person, for an electrical safety undertaking, see section 49.

immediate suspension notice see section 121AA(3)(a).

improvement notice see section 146.

information notice, for a decision, means a notice stating the following—

(a)reasons for the decision;

(b)all rights of review or appeal under this Act;

(c)the period in which any review or appeal under this Act must be started;

(d)how rights of review or appeal under this Act are to be exercised;

(e)that a stay of a decision the subject of review or appeal under this Act may be applied for under this Act.

infringement notice means an infringement notice under the State Penalties Enforcement Act 1999.

in-scope electrical equipment see section 48B.

inspector means a person appointed under this Act as an inspector.

level 2 in-scope electrical equipment, for part 2A, see section 48A.

level 3 in-scope electrical equipment, for part 2A, see section 48A.

licence includes permit.

licensed electrical contractor means the holder of an electrical contractor licence.

licensed electrical mechanic means a licensed electrical worker whose electrical work licence includes authority to perform electrical installation work, electric line work and electrical equipment work.

licensed electrical worker means the holder of an electrical work licence.

licensing committee means the Electrical Licensing Committee.

light rail see the Transport Infrastructure Act 1994, schedule 6.

light rail manager, for a light rail, see the Transport Infrastructure Act 1994, schedule 6.

low voltage means voltage greater than extra low voltage, but not more than 1,000V AC RMS or 1,500V ripple-free DC.

meter means a device, including any associated equipment, used for measuring electricity.

ministerial notice means a notice under section 42.

national register see section 48D.

NERL (Qld) see the National Energy Retail Law (Queensland) Act 2014, section 3.

non-disturbance notice see section 149.

obligation offence provision ...

officer means—

(a)an officer within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth other than a partner in a partnership; or

(b)an officer of the State, Commonwealth or another State within the meaning of section 189A; or

(c)an officer of a public authority within the meaning of section 190C;

other than an elected member of a local government acting in that capacity.

official entity ...

original chief executive decision ...

original decision, for part 12, see section 167.

original regulator decision for part 12, see section 167.

participating jurisdiction see section 48A.

perform, in the context of the performance of electrical work as a licensed electrical contractor, includes the performance of the electrical work through the work of another person.

person conducting a business or undertaking see section 21.

person in control, of electrical equipment, see section 24.

preliminary notice see section 114.

premises includes—

(a)a building or other structure; and

(b)a part of a building or other structure; and

(c)land where a building or other structure is situated.

prescribed details, for the holder of an electrical work licence engaged to perform or supervise electrical work, means the details about the person, or the person’s electrical work licence, that are prescribed under a regulation for this definition.

prescribed electrical equipment see section 14A.

prescribed electricity entity, for part 5, see section 66.

previous licence, for part 15, see section 211.

public authority means—

(a)an authority or body established or incorporated for a public purpose by a law of the State, another State or of the Commonwealth, including a body corporate incorporated under a law of the State, another State or of the Commonwealth in which the State, the other State or the Commonwealth has a controlling interest; or

(b)a GOC;

(c)local government; or

(d)a statutory body under the Statutory Bodies Financial Arrangements Act 1982.

railway manager see the Transport Infrastructure Act 1994, schedule 6.

reasonable excuse does not include a matter of mere convenience.

reasonably practicable, in relation to a duty to ensure electrical safety, see section 28.

recall order see section 40G(2).

recognised external certification scheme see section 48A.

register, for part 2A, see section 48A.

registered training organisation means a registered training organisation under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

regulator means—

(a)for section 76(3)—see the section; or

(b)for part 15—see section 211; or

(c)otherwise—the regulator under the Work Health and Safety Act 2011.

relative, of a person, means—

(a)the person’s spouse; or

(b)a child, grandchild, parent, brother, sister, grandparent, aunt, uncle, nephew or niece (whether of whole or half-blood) of the person.

remote rural installation work means work on an electrical installation if all the following circumstances apply—

(a)the only source of electricity supply to the installation is a privately owned generating set used by—

(i)a farmer on and solely for a farm; or

(ii)a grazier on and solely for a grazing property;

(b)the generating set is not directly or indirectly connected to the works of an electricity entity;

(c)the capacity of the generating set is not more than 75kW;

(d)a person holding an appropriate electrical work licence is not available to perform the work because of the remote location of the farm or grazing property.

responsible person, in relation to a recall order, see section 40G(2)(a).

responsible supplier see section 48A.

retailer means a retailer under the NERL (Qld) that sells electricity to a customer in Queensland.

retail premises, of a distribution entity, means premises that are the subject of both of the following—

(a)the provision of customer connection services by the distribution entity;

(b)the provision of customer retail services by a retailer.

review decision, for part 12, see section 167.

review entity, for part 12, see section 167.

safety education committee means the Electrical Safety Education Committee established under section 90.

safety management system, for part 5, see section 66.

self-employed person ...

sell includes—

(a)sell by wholesale, retail or auction; and

(b)supply in trade or commerce or under an arrangement; and

(c)hire; and

(d)agree, attempt or offer to sell; and

(e)keep or expose for sale; and

(f)cause or permit to be sold.

senior officer, of a person conducting a business or undertaking, for part 2B, see section 48L(1).

serious electrical incident see section 11.

special approval holder means a special approval holder under the Electricity Act.

spouse includes a de facto spouse and a civil partner.

submission period see section 121AB(g).

supervise, electrical work, means supervise the way the electrical work is performed.

temporary inspector means a temporary inspector appointed under section 126.

trainee means a trainee under the Further Education and Training Act 2014.

Training and Employment Act ...

transmission entity means a transmission entity under the Electricity Act.

unsafe equipment notice see section 148.

vehicle means any means of transport by land, air or water.

voltage means the difference in electrical potential, measured in volts, existing—

(a)between conductors; or

(b)between conductors and earth.

volunteer means a person who is acting on a voluntary basis (irrespective of whether the person receives out-of-pocket expenses).

warrant form ...

WHS prosecutor see the Work Health and Safety Act 2011, schedule 2, section 25.

wilfully ...

worker see section 22.

workplace means a workplace under the Work Health and Safety Act 2011, section 8.

works, of an electricity entity, see section 25.