Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2005 (Qld)

Queensland Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2005 Subordinate Legislation 2005 No. 244 made under the Electrical Safety Act 2002 State Penalties Enforcement Act 1999 Contents Part 1 1 Part 2 2 3 4 5 6 7 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Electrical Safety Regulation 2002 Regulation amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 12 (Requirements for performance of live work) 3 Amendment of s 61 (Meaning of exclusion zone) . . . . . . . . . . . . 3 Omission of s 62B (Purpose of ss 62C and 62D). . . . . . . . . . . . . 4 Amendment of s 64 (Work within exclusion zone for electrical part) ......................................... 4 Amendment of s 87 (Requirements for construction wiring and electrical equipment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 90 (Specified electrical equipment) . . . . . . . . . . 5 Amendment of s 93 (Specified electrical equipment) . . . . . . . . . . 6 Amendment of s 126A (Refund of fees) . . . . . . . . . . . . . . . . . . . . 6 Insertion of new s 209A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 209A Electrical distribution entity may isolate powerlines in emergency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 8

Part 3 14 15 2 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . 8 8

s1 3 s4 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 Part 1 Preliminary 1 Short title This regulation may be cited as the Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2005 . Part 2 Amendment of Electrical Safety Regulation 2002 2 Regulation amended in pt 2 This part amends the Electrical Safety Regulation 2002. 3 Amendment of s 12 (Requirements for performance of live work) Section 12(1)(h)— omit, insert— ‘(h) other than for electric line work, the isolation point of the electricity supply for the electrical equipment the subject of the electrical work— (i) has been clearly identified; and (ii) is able to be reached quickly without the need to climb over or shift obstructions;’. 4 Amendment of s 61 (Meaning of exclusion zone ) (1) Section 61(2), ‘holding or carrying’— omit, insert— ‘handling’. (2) Section 61(3), after ‘handling’— insert —

s5 4 s6 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 ‘other than— (a) a person; or (b) a hand-held object the person is handling’. (3) Section 61— insert— ‘(4A) Despite subsections (2) to (4), the person, operating plant or vehicle does not include an object, for example, a tool, that alone or with another object or objects is an extension from the person, operating plant or vehicle if the object— (a) is an insulated device; and (b) the device has been tested and found to be safe for use on and near the electrical part.’. 5 Omission of s 62B (Purpose of ss 62C and 62D) Section 62B— omit. 6 Amendment of s 64 (Work within exclusion zone for electrical part) Section 64— insert— ‘(3) Work may be performed involving operating plant coming within the exclusion zone for the operating plant for an electrical part, other than by coming into direct contact with the electrical part, if— (a) the operating plant is being used to work on an overhead electric line; and (b) the use of the operating plant is under a documented safe system of work for use of the operating plant within the exclusion zone.’.

s7 5 s8 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 7 Amendment of s 87 (Requirements for construction wiring and electrical equipment) (1) Section 87— insert— ‘(1A) An employer or self-employed person must ensure that, for the purposes of the business or undertaking, electrical equipment mentioned in AS/NZS 3012, section 3.1 1 is not fitted with a tag that includes the test or retest date for the equipment unless— (a) the equipment is new; or (b) both of the following apply— (i) the equipment has been inspected and tested under that section by a competent person and found to comply with the requirements of AS/NZS 3012; (ii) the tag includes the name of the person who performed the test. Note — Under the Acts Interpretation Act 1954 , section 36, person includes an individual and a corporation.’. (2) Section 87— insert— ‘(3) In this section— competent person see AS/NZS 3012, section 1.4.7.’. 8 Amendment of s 90 (Specified electrical equipment) Section 90— insert— ‘(4) An employer or self-employed person must ensure that, for the purposes of the business or undertaking, a tag is not attached to specified electrical equipment that shows the day 1 AS/NZS 3012 (Electrical installations—Construction and demolition sites), section 3.1 (Application)

s 9 6 s 10 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 by which the equipment must be reinspected and retested unless— (a) the equipment is new; or (b) both of the following apply— (i) the equipment has been inspected and tested by a competent person; (ii) the tag was attached by the competent person.’. 9 Amendment of s 93 (Specified electrical equipment) Section 93— insert— ‘(4) An employer or self-employed person must ensure that, for the purposes of the business or undertaking, a tag is not attached to specified electrical equipment that shows the day by which the equipment must be reinspected and retested unless— (a) the equipment is new; or (b) both of the following apply— (i) the equipment has been inspected and tested by a competent person; (ii) the tag was attached by the competent person.’. 10 Amendment of s 126A (Refund of fees) Section 126A(1)— omit, insert— ‘(1) This section applies if an application mentioned in schedule 7, 2 item 9 or 11 is— (a) refused by the chief executive; or (b) withdrawn before it is decided.’. 2 Schedule 7 (Fees)

s 11 7 s 12 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 11 Insertion of new s 209A After section 209— insert— ‘209A Electrical distribution entity may isolate powerlines in emergency ‘(1) An electrical distribution entity may isolate powerlines from sources of electricity— (a) in an emergency; or (b) to prevent an emergency from happening. Example of paragraph (a) — if there is a flood or fire Example of paragraph (b) — if there are extreme conditions with the potential to create an emergency, for example, sparking lines in high wind in high fire danger conditions ‘(2) In this section— emergency means an emergency in relation to a person or the electrical distributions entity’s property or other property.’. 12 Amendment of sch 7 (Fees) Schedule 7, items 9, 11 and 13— omit, insert— ‘9 Application for approval, or renewal of 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 . . . . . . . . . . . . . . . . . . . . . 11 Application to change the approval of a type of electrical equipment— (a) if a partial test report or other information that is not a test report is required . . . . . . . . . . . . . . . . . . . . . . . . . . 289.20 404.90 578.40 115.70

s 13 8 s 15 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 (b) if a test report is required . . . . . . . . . . . . . . . . . . . . . . . 13 Application for transfer of approval of a type of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 289.20 57.80’. 13 Amendment of sch 9 (Dictionary) (1) Schedule 9— insert — ‘ new , in relation to electrical equipment, means the equipment had not been introduced into service or otherwise used.’. (2) Schedule 9, definition approved testing entity — omit, insert— ‘ approved testing entity means— (a) a body accredited by NATA to perform the relevant test or examination; or (b) a body accredited by another body, operating under a reciprocal agreement with NATA, to perform the relevant test or examination; or (c) a body approved by the chief executive to perform the relevant test or examination.’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 14 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000. 15 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the Electrical Safety Act 2002 , entry for section 27 —

s 15 9 s 15 Electrical Safety and Another Regulation Amendment No. 244, 2005 Regulation (No. 1) 2005 insert— ‘• s 87(1A) . . . . . . . . . . . . . • s 90(4) . . . . . . . . . . . . . . . • s 93(4) . . . . . . . . . . . . . . . 4 4 4 8 8 8’. (2) Schedule 5, entry for the Electrical Safety Regulation 2002— insert— ‘s 14(2) . . . . . . . . . . . . . . . . . . . . . . . . 4 8’. ENDNOTES 1 Made by the Governor in Council on 6 October 2005. 2 Notified in the gazette on 7 October 2005. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2005