Electrical Safety Amendment Regulation (No. 2) 2003 (Qld)

Queensland Subordinate Legislation 2003 No. 149 Electrical Safety Act 2002 ELECTRICAL SAFETY AMENDMENT REGULATION (No. 2) 2003 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Amendment of s 34 (Eligibility requirements for electrical mechanic licence) ............................................... 3 6 Amendment of s 35 (Eligibility requirements for electrical linesperson licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Amendment of s 36 (Eligibility requirements for electrical fitter licence) . . 5 8 Amendment of s 37 (Eligibility requirements for electrical jointer licence) 7 9 Amendment of s 38 (Eligibility requirements for restricted electrical work licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10 Replacement of s 48 (Application requirements) . . . . . . . . . . . . . . . . . . . . . 9 48 Application requirements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 11 Amendment of s 50 (Replacement of electrical licence) . . . . . . . . . . . . . . . 9 12 Amendment of s 55 (Refund and remission of fees). . . . . . . . . . . . . . . . . . . 9 13 Amendment of s 57 (Performing electrical work without electrical licence) 10 14 Amendment of s 72 (Service line). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 15 Replacement of s 91 (Safety switches, including portable safety switches) . 10 91 Safety switches, including portable safety switches . . . . . . . . . . . . . 10 16 Replacement of s 94 (Safety switches, including portable safety switches) . 11

2 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 94 Safety switches, including portable safety switches . . . . . . . . . . . . . 11 17 Amendment of s 101 (Application for approval of type of electrical equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 18 Amendment of s 105 (Changing name and address). . . . . . . . . . . . . . . . . . . 12 19 Amendment of s 106 (Application to change approval to include new type) 12 20 Amendment of s 108 (Transfer of approval of type of electrical equipment) 13 21 Amendment of s 126 (Hiring electrical equipment) . . . . . . . . . . . . . . . . . . . 13 22 Replacement of s 147 (Maintenance of integrity of insulation) . . . . . . . . . . 14 147 Inspection and maintenance of integrity of insulation. . . . . . . . . . . . 14 23 Amendment of s 153 (High voltage or hazardous area electrical installation not to be connected to electricity source without inspection) . . 14 24 Amendment of s 190 (Change of name and address) . . . . . . . . . . . . . . . . . . 14 25 Insertion of new ss 211A and 211B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 211A Person chief executive may appoint as inspector. . . . . . . . . . . . . . . . 15 211B Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 26 Renumbering of sch 8 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 27 Insertion of new schs 7 and 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 SCHEDULE 7 FEES SCHEDULE 8 CLASSES OF ELECTRICAL EQUIPMENT FOR FEES 28 Amendment of sch 9, as renumbered . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20

s1 3 s5 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 1 Short title This regulation may be cited as the Electrical Safety Amendment Regulation (No. 2) 2003 . 2 Commencement This regulation commences immediately after the commencement of the Electrical Safety Amendment Regulation (No. 1) 2003 , section 23(1). 1 3 Regulation amended This regulation amends the Electrical Safety Regulation 2002. 4 Amendment of s 5 (Definitions) Section 5(1), ‘schedule 8’— omit, insert— ‘schedule 9’. 5 Amendment of s 34 (Eligibility requirements for electrical mechanic licence) (1) Section 34(2)(a), ‘apprenticeship of electrical mechanic under the Training and Employment Act 2000 ’— omit, insert— ‘apprenticeship under the Training and Employment Act 2000 to achieve competence in the trade work of an electrical mechanic’. (2) Section 34(2)(d) and (3)(d)— renumber as section 32(2)(e) and (3)(e). (3) Section 34(2)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical mechanic; and 1 The Electrical Safety Amendment Regulation (No. 1) 2003, section 23(1) (Amendment of sch 8 (Dictionary)) commences on 1 July 2003.

s6 4 s6 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 (ii) is verified by the registered training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) 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 or training plans for the apprenticeship; and (ii) is verified by the person who as an employer is a party to the training plan under which the applicant finished the apprenticeship; and’. (4) Section 34(3)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical mechanic; and (ii) is verified by the equivalent non-Queensland training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) produced to the chief executive a written statement that— (i) states that the applicant has satisfactorily finished the training to be delivered to the applicant under the apprenticeship; and (ii) is verified by the employer under whom the applicant finished the apprenticeship; and’. 6 Amendment of s 35 (Eligibility requirements for electrical linesperson licence) (1) Section 35(2)(a), ‘apprenticeship of electrical linesperson under the Training and Employment Act 2000 ’— omit, insert— ‘apprenticeship under the Training and Employment Act 2000 to achieve competence in the trade work of an electrical linesperson’. (2) Section 35(2)(d) and (3)(d)— renumber as section 35(2)(e) and (3)(e).

s7 5 s7 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 (3) Section 35(2)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical linesperson; and (ii) is verified by the registered training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) 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 or training plans for the apprenticeship; and (ii) is verified by the person who as an employer is a party to the training plan under which the applicant finished the apprenticeship; and’. (4) Section 35(3)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical linesperson; and (ii) is verified by the equivalent non-Queensland training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) produced to the chief executive a written statement that— (i) states that the applicant has satisfactorily finished the training to be delivered to the applicant under the apprenticeship; and (ii) is verified by the employer under whom the applicant finished the apprenticeship; and’. 7 Amendment of s 36 (Eligibility requirements for electrical fitter licence) (1) Section 36(2)(a), ‘apprenticeship of electrical fitter under the Training and Employment Act 2000 ’— omit, insert—

s7 6 s7 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 ‘apprenticeship under the Training and Employment Act 2000 to achieve competence in the trade work of an electrical fitter’. (2) Section 36(2)(d) and (3)(d)— renumber as section 36(2)(e) and (3)(e). (3) Section 36(2)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical fitter; and (ii) is verified by the registered training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) 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 or training plans for the apprenticeship; and (ii) is verified by the person who as an employer is a party to the training plan under which the applicant finished the apprenticeship; and’. (4) Section 36(3)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical fitter; and (ii) is verified by the equivalent non-Queensland training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) produced to the chief executive a written statement that— (i) states that the applicant has satisfactorily finished the training to be delivered to the applicant under the apprenticeship; and (ii) is verified by the employer under whom the applicant finished the apprenticeship; and’.

s8 7 s8 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 8 Amendment of s 37 (Eligibility requirements for electrical jointer licence) (1) Section 37(2)(a), ‘apprenticeship of electrical jointer under the Training and Employment Act 2000 ’— omit, insert— ‘apprenticeship under the Training and Employment Act 2000 to achieve competence in the trade work of an electrical jointer’. (2) Section 37(2)(d) and (3)(d)— renumber as section 37(2)(e) and (3)(e). (3) Section 37(2)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical jointer; and (ii) is verified by the registered training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) 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 or training plans for the apprenticeship; and (ii) is verified by the person who as an employer is a party to the training plan under which the applicant finished the apprenticeship; and’. (4) Section 37(3)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in the trade work of an electrical jointer; and (ii) is verified by the equivalent non-Queensland training organisation that issues a qualification or statement of attainment for training delivered to the applicant under the apprenticeship; and (d) produced to the chief executive a written statement that—

s9 8 s9 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 (i) states that the applicant has satisfactorily finished the training to be delivered to the applicant under the apprenticeship; and (ii) is verified by the employer under whom the applicant finished the apprenticeship; and’. 9 Amendment of s 38 (Eligibility requirements for restricted electrical work licence) (1) Section 38(2)(d) and (3)(d)— renumber as section 38(2)(e) and (3)(e). (2) Section 38(2)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in performing electrical work the subject of the licence; and (ii) is verified by the registered training organisation that delivered training to the applicant to finish the course of training; 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’. (3) Section 38(3)(c)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in performing electrical work the subject of the licence; and (ii) is verified by the equivalent non-Queensland training organisation that issues a qualification or statement of attainment for the course; and (d) if the course is training delivered to the applicant under an apprenticeship or traineeship—produced to the chief executive a written statement that—

s 10 9 s 12 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 (i) states that the applicant has satisfactorily finished the training to be delivered to the applicant under the apprenticeship or traineeship; and (ii) is verified by the employer under whom the applicant finished the apprenticeship or traineeship; and’. (4) Section 38(5)(d)(i) and (ii)— omit, insert— ‘(i) states that the applicant is competent in performing electrical work the subject of the licence; and (ii) is verified by the person who was the applicant’s employer when the applicant achieved the competence; and.’. 10 Replacement of s 48 (Application requirements) Section 48— omit, insert— ‘48 Application requirements ‘ (1) An electrical licence application under part 4, division 2 2 of the Act must be accompanied by the fee for the application. ‘ (2) An application under this part about an electrical licence must— (a) be made in the approved form; and (b) be accompanied by the fee for the application.’. 11 Amendment of s 50 (Replacement of electrical licence) Section 50— insert— ‘ (2) However, if a fixed fee applies to the application, the application must be accompanied by the fixed fee.’. 12 Amendment of s 55 (Refund and remission of fees) Section 55— 2 Part 4 (Licences), division 2 (Electrical licence applications) of the Act

s 13 10 s 15 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 omit, insert— ‘55 Refund of fees ‘ (1) This section applies if any of the following applications is not approved by the chief executive or is withdrawn before it is decided— (a) an application for an electrical licence; (b) an application for renewal or reinstatement of an electrical licence. ‘ (2) The amount stated in schedule 7 as the administration component of the fee paid for the application must be refunded.’. 13 Amendment of s 57 (Performing electrical work without electrical licence) Section 57(a),‘part 5, division 5;’— omit, insert— ‘part 5, division 5 or section 126; 3 ’. 14 Amendment of s 72 (Service line) Section 72(4), ‘periodically’— omit, insert— ‘at periodic reasonable intervals’. 15 Replacement of s 91 (Safety switches, including portable safety switches) Section 91— omit, insert— ‘91 Safety switches, including portable safety switches ‘ (1) An employer or self-employed person must not use, or allow to be used, a safety switch unless it complies with AS/NZS 3760 (In-service safety inspection and testing of electrical equipment) when tested. 3 Part 5 (Electrical installations), division 5 (Workplace electrical installations) or section 126 (Hiring electrical equipment)

s 16 11 s 16 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 ‘ (2) An employer or self-employed person must ensure that each safety switch, other than a portable safety switch, the employer or self-employed person has at the workplace— (a) is tested by a competent person in accordance with AS/NZS 3760 immediately after it is connected; and (b) is tested in accordance with, and at the intervals stated in, AS/NZS 3760. ‘ (3) An employer or self-employed person must ensure that each portable safety switch the employer or self-employed person has at the workplace— (a) is tested by a competent person in accordance with AS/NZS 3760 immediately after it is connected to a socket outlet; and (b) is tested in accordance with, and at the intervals stated in, AS/NZS 3760. ‘ (4) If a safety switch is not working properly, the employer or self-employed person must ensure— (a) a durable tag is immediately attached to the safety switch that warns people not to use the safety switch; and (b) the safety switch is immediately withdrawn from use.’. 16 Replacement of s 94 (Safety switches, including portable safety switches) Section 94— omit, insert— ‘94 Safety switches, including portable safety switches ‘ (1) An employer or self-employed person must not use, or allow to be used, a safety switch unless it complies with AS/NZS 3760 (In-service safety inspection and testing of electrical equipment) when tested. ‘ (2) An employer or self-employed person must ensure that each safety switch, other than a portable safety switch, the employer or self-employed person has at the workplace— (a) is tested by a competent person in accordance with AS/NZS 3760 immediately after it is connected; and

s 17 12 s 19 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 (b) is tested in accordance with, and at the intervals stated in, AS/NZS 3760. ‘ (3) An employer or self-employed person must ensure that each portable safety switch the employer or self-employed person has at the workplace— (a) is tested by a competent person in accordance with AS/NZS 3760 immediately after it is connected to a socket outlet; and (b) is tested in accordance with, and at the intervals stated in, AS/NZS 3760. ‘ (4) If a safety switch is not working properly, the employer or self-employed person must ensure— (a) a durable tag is immediately attached to the safety switch that warns people not to use the safety switch; and (b) the safety switch is immediately withdrawn from use.’. 17 Amendment of s 101 (Application for approval of type of electrical equipment) Section 101(2)(b)(ii)— omit, insert— ‘(ii) the fee for the application; and’. 18 Amendment of s 105 (Changing name and address) Section 105(1), penalty— omit, insert— ‘Maximum penalty—20 penalty units.’. 19 Amendment of s 106 (Application to change approval to include new type) Section 106(2)(b)(iii)— omit, insert— ‘(iii) the fee for the application; and’.

s 20 13 s 21 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 20 Amendment of s 108 (Transfer of approval of type of electrical equipment) Section 108(2)(b)(ii)— omit, insert— ‘(ii) the fee for the application; and’. 21 Amendment of s 126 (Hiring electrical equipment) (1) Section 126(1)(a) and (b)— omit, insert— ‘(a) either— (i) a competent person inspects and tests the equipment before each hiring; or (ii) the item has a safety switch that can not be disconnected, deactivated or removed during the item’s operation; and (b) the item is inspected, tested and tagged by a competent person at least once every 6 months; and (c) if the item has a safety switch under paragraph (a)(ii), the safety switch— (i) is inspected, tested and tagged by a competent person at least once every 6 months; and (ii) complies with AS/NZS 3760 (In-service safety inspection and testing of electrical equipment) when tested.’. (2) Section 126(2), ‘subsection (1)(b)’— omit, insert— ‘subsection (1)(a)(i)’. (3) Section 126(3), ‘subsection (1)(a)’— omit, insert— ‘subsection (1)(b)’. (4) Section 126(5), penalty— omit, insert— ‘Maximum penalty for subsection (5)—20 penalty units.’.

s 22 14 s 24 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 22 Replacement of s 147 (Maintenance of integrity of insulation) Section 147— omit, insert— ‘147 Inspection and maintenance of integrity of insulation ‘ (1) An electricity entity must ensure the integrity of the insulation of the relevant part of the electrical entity’s works is inspected and maintained. ‘ (2) An electricity entity must ensure the integrity of insulation for the clamp or other apparatus at the point where consumer mains are connected to the electricity entity’s service line is inspected and maintained. ‘ (3) Inspection and maintenance under subsection (1) or (2) must be performed at periodic reasonable intervals. ‘ (4) In this section— “relevant part” of an electrical entity’s works means the part of an electric line forming part of the works that— (a) is adjacent to a roof or structure; and (b) in a position where it is likely that a person could come into contact with the line. Example of a person who is likely to come into contact with the line — A painter or plumber.’. 23 Amendment of s 153 (High voltage or hazardous area electrical installation not to be connected to electricity source without inspection) Section 153(1), after ‘electrical installation work”— insert— ‘or electric line work (the “electrical work” )’. 24 Amendment of s 190 (Change of name and address) Section 190(1), penalty— omit, insert— ‘Maximum penalty—20 penalty units.’.

s 25 15 s 27 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 25 Insertion of new ss 211A and 211B Part 13, division 3, after section 211— insert— ‘211A Person chief executive may appoint as inspector ‘For section 122 4 of the Act, the chief executive may appoint a public service officer as an inspector. ‘211B Fees ‘ (1) The fees payable under the Act are in schedule 7. ‘ (2) Schedule 8 states the classes of types of electrical equipment for the purpose of fees. ‘ (3) Each type of electrical equipment mentioned in schedule 8 is as described in AS/NZS 4417.2 (Marking of electrical products to indicate compliance with regulations—specific requirements for electrical safety regulatory applications).’. 26 Renumbering of sch 8 (Dictionary) Schedule 8— renumber as schedule 9. 27 Insertion of new schs 7 and 8 After schedule 6— insert— 4 Section 122 (Appointment and qualifications) of the Act

s 27 16 s 27 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 ‘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 an electrical work licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Administration component of fee paid for an application under item 1, 2 or 3 refundable under section 55 . . . . . . . $ 50.00 50.00 50.00 25.00 Electrical contractor licence 5. Application for electrical contractor licence . . . . . . . . . . . 6. Application for renewal of electrical contractor licence . . 7. Application for reinstatement of an electrical contractor licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. Administration component of fee paid for an application under item 5, 6 or 7 refundable under section 55 . . . . . . . 240.00 240.00 240.00 190.00 Electrical equipment 9. Application for approval of a type of electrical equipment of a prescribed class of electrical equipment— • class 1 electrical equipment . . . . . . . . . . . . . . . . . . . . • class 2 electrical equipment . . . . . . . . . . . . . . . . . . . . • class 3 electrical equipment . . . . . . . . . . . . . . . . . . . . 10. 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 existing type . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11. Application for transfer of approval of a type of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275.00 385.00 550.00 110.00 55.00

s 27 17 s 27 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 Cathodic protection system 12. Application for registration of cathodic protection system that is a registrable system . . . . . . . . . . . . . . . . . . . . . . . . . $ 200.00

s 27 18 s 27 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 ‘SCHEDULE 8 ‘CLASSES OF ELECTRICAL EQUIPMENT FOR FEES section 211B CLASS 1 appliance connector bayonet lampholder bayonet lampholder adaptor bread toaster cord extension socket cord-line switch decorative lighting outfit edison screw lampholder fluorescent lamp ballast fluorescent lamp starter immersion heater inspection handlamp iron luminaire-portable type outlet device-portable plug socket outlet socket outlet adaptor therapeutic lamp wall switch

s 27 19 s 27 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 CLASS 2 battery charger/saver 5 conditioning or control device cooking appliance-portable extra low voltage power supply unit floor polisher/scrubber hair care appliance hedge clipper kitchen machine lawn care appliance liquid heating appliance massage appliance razor/hair clipper room heater sewing machine soldering iron tool-portable type vacuum cleaner waterbed heater CLASS 3 arc welding machine battery charger automotive type blanket clothes dryer 5 See ‘battery charger automotive type’ under class 3.

s 28 20 s 28 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 dishwashing machine fan fence energiser flexible heating pad insect electrocutor microwave oven miniature overcurrent circuit-breaker projector range range hood refrigerating appliance residual current device supply flexible cord swimming pool/spa equipment television receiver washing machine water heater.’. 28 Amendment of sch 9, as renumbered Schedule 9, as renumbered— insert— ‘ “equivalent non-Queensland training organisation” means a training organisation outside Queensland that is equivalent to a registered training organisation. “qualification” see the Training and Employment Act 2000 . “reasonable interval” , in relation to the inspection and maintenance of insulation, means an interval, based on historic performance and the degree of electrical risk, that is reasonable in the circumstances. “registered training organisation” see the Training and Employment Act2000 .

s 28 21 s 28 Electrical Safety Amendment Regulation (No. 2) 2003 No. 149, 2003 “statement of attainment” see the Training and Employment Act 2000 . “training plan” see the Training and Employment Act 2000 .’. ENDNOTES 1. Made by the Governor in Council on 26 June 2003. 2. Notified in the gazette on 27 June 2003. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Industrial Relations. © State of Queensland 2003