Electrical Safety Amendment Regulation (No. 1) 2004 (Qld)

Queensland Subordinate Legislation 2004 No. 87 Electrical Safety Act 2002 ELECTRICAL SAFETY AMENDMENT REGULATION (No. 1) 2004 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 7 (Meaning of “qualified business person” and “qualified technical person”) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 21 (Rescue and resuscitation training). . . . . . . . . . . . . . . . 3 6 Amendment of s 33 (General requirements) . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 34 (Eligibility requirements for electrical mechanic licence) ........................................ 4 8 Amendment of s 35 (Eligibility requirements for electrical linesperson licence) ....................................... 4 9 Amendment of s 36 (Eligibility requirements for electrical fitter licence) . . 5 10 Amendment of s 37 (Eligibility requirements for electrical jointer licence) 5 11 Amendment of s 38 (Eligibility requirements for restricted electrical work licence) ............................................ 5 12 Amendment of s 40 (Eligibility requirements for electrical contractor licence for individual) .................................... 6 13 Amendment of s 41 (Eligibility requirements for electrical contractor licence for partnership) .................................. 7 14 Amendment of s 42 (Eligibility requirements for electrical contractor licence for corporation) ................................. 8 15 Amendment of s 43 (Financial and insurance requirements for applicant for electrical contractor licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 16 Amendment of s 55 (Refund of fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17 Amendment of s 56 (Advertising by licensed electrical contractor). . . . . . . 9 18 Amendment of s 126 (Hiring electrical equipment) . . . . . . . . . . . . . . . . . . . 9 19 Insertion of new pt 6, div 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 13—Miscellaneous 126A Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 20 Insertion of new s 187A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 187A Refund of fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21 Amendment of s 204 (Definitions for div 1) . . . . . . . . . . . . . . . . . . . . . . . . . 10 22 Amendment of s 206 (Payment of electrical safety contribution by instalments) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23 Replacement of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 SCHEDULE 7 FEES 23 Amendment of sch 9 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s5 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 1 Short title This regulation may be cited as the Electrical Safety Amendment Regulation (No. 1) 2004 . 2 Commencement This regulation commences on 1 July 2004. 3 Regulation amended This regulation amends the Electrical Safety Regulation 2002. 4 Amendment of s 7 (Meaning of “qualified business person” and “qualified technical person”) Section 7(2)(b)— omit, insert — ‘(b) either— (i) if the electrical work to be performed by the licensed electrical contractor may be performed only by the holder of an electrical work licence—has held for at least a year, or a shorter period considered acceptable by the chief executive, and still holds, an electrical work licence; or (ii) has held for at least a year, or a shorter period considered acceptable by the chief executive, and still holds, an external contracting authority; and’. 5 Amendment of s 21 (Rescue and resuscitation training) Section 21— insert — ‘ (2) Subsection (1) does not apply in relation to a worker if it is a condition of the worker’s electrical work licence that the person must not act in a role for which it is a requirement that the worker be competent in resuscitation.’.

s6 4 s8 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 6 Amendment of s 33 (General requirements) (1) Section 33(5)— renumber as section 33(6). (2) Section 33— insert — ‘ (5) Subsection (4) does not prevent the chief executive renewing or reinstating an electrical work licence if the chief executive is satisfied— (a) the applicant has a medical condition that prevents the applicant carrying out the resuscitation but does not otherwise affect the applicant’s ability to perform electrical work under the licence; and (b) in the particular circumstances, it is reasonable to allow the applicant to carry out electrical work under the licence subject to a condition that the applicant must not act in a role for which it is a requirement that the applicant be competent in resuscitation. Example of role requiring competence in resuscitation — Safety observer ’. 7 Amendment of s 34 (Eligibility requirements for electrical mechanic licence) (1) Section 34(5)— renumber as section 34(6). (2) Section 34— insert — ‘ (5) An applicant who satisfies the chief executive that the applicant held an electrical mechanic licence that was issued under the Act and has expired is taken to have a relevant qualification for subsection (4)(a).’. 8 Amendment of s 35 (Eligibility requirements for electrical linesperson licence) (1) Section 35(5)— renumber as section 35(6). (2) Section 35—

s 9 5 s 11 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 insert — ‘ (5) An applicant who satisfies the chief executive that the applicant held an electrical linesperson licence that was issued under the Act and has expired is taken to have a relevant qualification for subsection (4)(a).’. 9 Amendment of s 36 (Eligibility requirements for electrical fitter licence) (1) Section 36(5)— renumber as section 36(6). (2) Section 36— insert — ‘ (5) An applicant who satisfies the chief executive that the applicant held an electrical fitter licence that was issued under the Act and has expired is taken to have a relevant qualification for subsection (4)(a).’. 10 Amendment of s 37 (Eligibility requirements for electrical jointer licence) (1) Section 37(5)— renumber as section 37(6). (2) Section 37— insert — ‘ (5) An applicant who satisfies the chief executive that the applicant held an electrical jointer licence that was issued under the Act and has expired is taken to have a relevant qualification for subsection (4)(a).’. 11 Amendment of s 38 (Eligibility requirements for restricted electrical work licence) (1) Section 38(2)(c)(i), ‘licence’— omit, insert — ‘application’. (2) Section 38(3)(c)(i), ‘licence’— omit, insert —

s 12 6 s 12 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 ‘application’. (3) Section 38(5)(c) and (d)— omit, insert — ‘(c) produced to the chief executive a written statement that— (i) states that the applicant is competent in performing electrical work the subject of the application; and (ii) is verified by the registered training organisation that delivered training to the applicant to finish the course of instruction; and (d) if the course is training delivered to the applicant under a training plan, produced to the chief executive a written statement that— (i) states that the applicant has satisfactorily finished the training to be delivered under the training plan; and (ii) is verified by the person who as an employer is a party to the training plan; and’. (4) Section 38(6)— renumber as section 38(7). (5) Section 38— insert — ‘ (6) An applicant who satisfies the chief executive that the applicant held a restricted electrical work licence that was issued under the Act and has expired is taken to have a relevant qualification for subsection (5)(a).’. 12 Amendment of s 40 (Eligibility requirements for electrical contractor licence for individual) (1) Section 40(5), after ‘contracting authority’— insert — ‘, or is no longer an employee of the individual’. (2) Section 40(5)(a)— omit, insert — ‘(a) the individual must advise the chief executive of the fact within 1 month after the person stops being—

s 13 7 s 13 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 (i) the holder of the licence or authority; or (ii) an employee of the individual; and’. (3) Section 40(6)— renumber as section 40(7). (4) Section 40— insert — ‘ (6) If a person whose name is endorsed on the electrical contractor licence as a qualified business person is no longer an employee of the individual or a qualified business person— (a) the individual must advise the chief executive of the fact within 1 month after the person stops being— (i) an employee of the individual; or (ii) a qualified business person; and (b) the chief executive must, on receiving the advice, take the endorsement from the licence.’. 13 Amendment of s 41 (Eligibility requirements for electrical contractor licence for partnership) (1) Section 41(5), after ‘contracting authority’— insert — ‘, or is no longer an employee of the partnership’. (2) Section 41(5)(a)— omit, insert — ‘(a) the partnership must advise the chief executive of the fact within 1 month after the person stops being— (i) the holder of the licence or authority; or (ii) an employee of the partnership; and’. (3) Section 41(6)— renumber as section 41(7). (4) Section 41— insert —

s 14 8 s 14 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 ‘ (6) If a person whose name is endorsed on the electrical contractor licence as a qualified business person is no longer an employee of the partnership or a qualified business person— (a) the partnership must advise the chief executive of the fact within 1 month after the person stops being— (i) an employee of the partnership; or (ii) a qualified business person; and (b) the chief executive must, on receiving the advice, take the endorsement from the licence.’. 14 Amendment of s 42 (Eligibility requirements for electrical contractor licence for corporation) (1) Section 42(5), after ‘contracting authority’— insert — ‘, or is no longer an employee of the corporation’. (2) Section 42(5)(a)— omit, insert — ‘(a) the corporation must advise the chief executive of the fact within 1 month after the person stops being— (i) the holder of the licence or authority; or (ii) an employee of the corporation; and’. (3) Section 42(6)— renumber as section 42(7). (4) Section 42— insert — ‘ (6) If a person whose name is endorsed on the electrical contractor licence as a qualified business person is no longer an employee of the corporation or a qualified business person— (a) the corporation must advise the chief executive of the fact within 1 month after the person stops being— (i) an employee of the corporation; or (ii) a qualified business person; and

s 15 9 s 18 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 (b) the chief executive must, on receiving the advice, take the endorsement from the licence.’. 15 Amendment of s 43 (Financial and insurance requirements for applicant for electrical contractor licence) (1) Section 43(2)(b)(ii), ‘from a financial institution’— omit . (2) Section 43(2)(c)(i), from ‘in which’ to ‘certifies’— omit, insert — ‘stating’. (3) Section 43(2)(c)(ii), ‘from a financial institution’— omit . 16 Amendment of s 55 (Refund of fees) Section 55(1), ‘not approved’— omit, insert — ‘refused’ 17 Amendment of s 56 (Advertising by licensed electrical contractor) Section 56(a)— omit, insert — ‘(a) states— (i) the name under which the holder is licensed; or (ii) if the holder carries on business under a registered business name, the holder’s registered business name; and’. 18 Amendment of s 126 (Hiring electrical equipment) Section 126(5), ‘subsection (1)(a)’— omit, insert — ‘subsection (1)(b) or (c)(i)’.

s 19 10 s 21 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 19 Insertion of new pt 6, div 13 Part 6, after section 126— insert — ‘Division 13—Miscellaneous ‘126A Refund of fees ‘ (1) This section applies if either of the following applications is refused by the chief executive or is withdrawn before it is decided— (a) an application for approval of a type of electrical equipment of a prescribed class of electrical equipment; (b) an application to change an approval of a type of electrical equipment to include an approval of another type of electrical equipment that is not substantially different from the type of electrical equipment covered by the approval. ‘ (2) The amount stated in schedule 7 as the administration component of the fee paid for the application must be refunded.’. 20 Insertion of new s 187A After section 187— insert — ‘187A Refund of fees ‘ (1) This section applies if an application for registration of a cathodic protection system that is a registrable system— (a) is refused by the chief executive under section 187; or (b) is withdrawn before the application is decided. ‘ (2) The amount stated in schedule 7 as the administration component of the fee paid for the application must be refunded.’. 21 Amendment of s 204 (Definitions for div 1) Section 204, definition “total contribution amount”, ‘$5 613 000’— omit, insert — ‘$5 816 000’.

s 22 11 s 23 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 22 Amendment of s 206 (Payment of electrical safety contribution by instalments) Section 206(2)— omit . 23 Replacement of sch 7 (Fees) Schedule 7— omit, insert — ‘SCHEDULE 7 ‘FEES section 211B Electrical work licence 1. Application for electrical work licence . . . . . . . . . . . . . . . 2. Application for renewal of electrical work licence . . . . . . 3. Application for reinstatement of electrical work licence. . 4. Administration component of fee paid for an application under item 1, 2 or 3 refundable under section 55 . . . . . . . $ 51.20 51.20 51.20 25.60 Electrical contractor licence 5. Application for electrical contractor licence . . . . . . . . . . . 6. Application for renewal of electrical contractor licence . . 7. Application for reinstatement of electrical contractor licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Administration component of fee paid for an application under item 5, 6 or 7 refundable under section 55 . . . . . . . 246.00 246.00 246.00 194.70 Electrical equipment 9. Application for approval of a type of electrical equipment of a prescribed class of electrical equipment—

s 23 12 s 23 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 • class 1 electrical equipment . . . . . . . . . . . . . . . . . . . . • class 2 electrical equipment . . . . . . . . . . . . . . . . . . . . • class 3 electrical equipment . . . . . . . . . . . . . . . . . . . . 10. Administration component of fee paid for an application under item 9 refundable under section 126A. . . . . . . . . . . 11. Application to change the approval of a type of electrical equipment to include an approval of another type of electrical equipment that is not substantially different from the type of electrical equipment covered by the approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Administration component of fee paid for an application under item 11 refundable under section 126A. . . . . . . . . . 13. Application for transfer of approval of a type of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 281.80 394.60 563.70 nil 112.70 nil 56.30 Cathodic protection system 14. Application for registration of cathodic protection system that is a registrable system . . . . . . . . . . . . . . . . . . . . . . . . . 15. Administration component of fee paid for an application under item 14 refundable under section 187A. . . . . . . . . . 205.00 30.00’. 23 Amendment of sch 9 (Dictionary) (1) Schedule 9, definition “qualification”, ‘ Training and Employment Act 2000 ’— omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’. (2) Schedule 9, definition “registered training organisation”, ‘ Training and Employment Act 2000 ’— omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’. (3) Schedule 9, definition “statement of attainment”, ‘ Training and Employment Act 2000 ’— omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’.

s 23 13 s 23 Electrical Safety Amendment Regulation (No. 1) 2004 No. 87, 2004 (4) Schedule 9, definition “training plan”, ‘ Training and Employment Act 2000 ’— omit, insert — ‘ Vocational Education, Training and Employment Act 2000 ’. ENDNOTES 1. Made by the Governor in Council on 24 June 2004. 2. Notified in the gazette on 25 June 2004. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2004