Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2006 (Qld)

Queensland Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2006 Subordinate Legislation 2006 No. 142 made under the Electrical Safety Act 2002 State Penalties Enforcement Act 1999 Contents Part 1 1 2 Part 2 3 4 5 6 7 8 9 10 11 12 13 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of Electrical Safety Regulation 2002 Regulation amended in pt 2 and sch . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 7 (Meaning of qualified business person and qualified technical person) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Amendment of s 21 (Rescue and resuscitation training) . . . . . . . 3 Amendment of s 33 (General requirements) . . . . . . . . . . . . . . . . 4 Amendment of s 40 (Eligibility requirements for electrical contractor licence for individual) . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 41 (Eligibility requirements for electrical contractor licence for partnership) . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of s 42 (Eligibility requirements for electrical contractor licence for corporation) . . . . . . . . . . . . . . . . . . . . . . . . 5 Amendment of 77 (Definitions for div 4) . . . . . . . . . . . . . . . . . . . . 6 Amendment of s 80A (Installation of approved safety switch if residential tenancy agreement entered into or to be entered into) 6 Amendment of s 93 (Specified electrical equipment) . . . . . . . . . . 7 Amendment of s 95 (Definitions for pt 6) . . . . . . . . . . . . . . . . . . . 7

2 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 14 15 16 17 18 19 20 Part 3 21 22 Schedule Replacement of ss 103A–103B . . . . . . . . . . . . . . . . . . . . . . . . . . 103A Extension of term of approval by up to 1 year . . . . . . 103B Renewal of approval . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 126A (Refund of fees) . . . . . . . . . . . . . . . . . . . . Amendment of s 131 (Performance and other requirements for works) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 204 (Definitions for div 1) . . . . . . . . . . . . . . . . . Amendment of s 207 (Application of regulation at mine or petroleum plant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Replacement of sch 7 (Fees) . . . . . . . . . . . . . . . . . . . . . . . . . . . . Schedule 7 Fees Amendment of sch 9 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of State Penalties Enforcement Regulation2000 Regulation amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of sch 5 (Other legislation) . . . . . . . . . . . . . . . . . . . . Minor amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 8 9 11 11 11 12 12 14 14 14 15

s1 3 s5 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 Part 1 Preliminary 1 Short title This regulation may be cited as the Electrical Safety and Another Regulation Amendment Regulation (No. 1) 2006 . 2 Commencement This regulation commences on 1 July 2006. Part 2 Amendment of Electrical Safety Regulation 2002 3 Regulation amended in pt 2 and sch This part and the schedule amend the ElectricalSafetyRegulation 2002. 4 Amendment of s 7 (Meaning of qualified business person and qualified technical person ) Section 7(1)(c)(ii)— omit, insert — ‘(ii) has been operating a business for a period of, or periods totalling, 5 years.’. 5 Amendment of s 21 (Rescue and resuscitation training) Section 21(2), ‘resuscitation’— omit, insert — ‘rescue and resuscitation, including as a safety observer’.

s6 4 s6 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 6 Amendment of s 33 (General requirements) (1) Section 33(5)— omit. (2) Section 33(6)— renumber as section 33(5). (3) Section 33— insert — ‘(6) 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, including as a safety observer. ‘(7) Subsection (5) does not prevent the chief executive renewing or reinstating an electrical linesperson 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 rescue at a pole top or transmission tower and in resuscitation, including as a safety observer.’.

s7 5 s9 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 7 Amendment of s 40 (Eligibility requirements for electrical contractor licence for individual) (1) Section 40(7), ‘cancelled’— omit, insert— ‘suspended’. (2) Section 40— insert — ‘(8) If, within 1 month after a licence for an individual is automatically suspended under subsection (7), there is still no person whose name is endorsed on the electrical contractor licence for the individual as mentioned in subsection (7)(a) or (b), the licence is automatically cancelled.’. 8 Amendment of s 41 (Eligibility requirements for electrical contractor licence for partnership) (1) Section 41(7), ‘cancelled’— omit, insert— ‘suspended’. (2) Section 41— insert — ‘(8) If, within 1 month after a licence for a partnership is automatically suspended under subsection (7), there is still no person whose name is endorsed on the electrical contractor licence for the partnership as mentioned in subsection (7)(a) or (b), the licence is automatically cancelled.’. 9 Amendment of s 42 (Eligibility requirements for electrical contractor licence for corporation) (1) Section 42(7), ‘cancelled’— omit, insert— ‘suspended’. (2) Section 42—

s 10 6 s 11 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 insert — ‘(8) If, within 1 month after a licence for a corporation is automatically suspended under subsection (7), there is still no person whose name is endorsed on the electrical contractor licence for the corporation as mentioned in subsection (7)(a) or (b), the licence is automatically cancelled.’. 10 Amendment of 77 (Definitions for div 4) (1) Section 77, definition date of possession , after ‘enters into’— insert — ‘lawful’. (2) Section 77, definition transfer date , after ‘entitled to’— insert — ‘lawful’. (3) Section 77, definition transferor , paragraph (a), after ‘is in’— insert — ‘lawful’. 11 Amendment of s 80A (Installation of approved safety switch if residential tenancy agreement entered into or to be entered into) (1) Section 80A(1), ‘Subsection (2)’— omit, insert — ‘Subsection (4)’. (2) Section 80A(3), ‘Subsection (4)’— omit, insert — ‘Subsection (6)’. (3) Section 80A(1) to (5)— renumber as section 80A(3) to (7). (4) Section 80A— insert —

s 12 7 s 13 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 ‘(1) Subsection (2) applies if— (a) the owner of residential land to which a residential tenancy agreement entered into before 1 March 2006 relates is aware of the residential tenancy agreement; and (b) a general purpose socket-outlet was installed in the domestic residence on the residential land before 1 June 1992; and (c) an approved safety switch is not installed for the general purpose socket-outlet. ‘(2) The owner of the residential land must ensure an approved safety switch is installed for the general purpose socket-outlet by the end of 29 February 2008. Maximum penalty—15 penalty units.’. 12 Amendment of s 93 (Specified electrical equipment) Section 93(1), examples, first dot point— omit, insert — ‘• a portable vacuum cleaner used in a hotel ’. 13 Amendment of s 95 (Definitions for pt 6) Section 95— insert — ‘ second-hand electrical equipment means electrical equipment that has previously been sold, other than by wholesale. sell includes— (a) sell by wholesale, retail or auction; and (b) supply in trade or commerce or under an arrangement; and (c) agree, attempt or offer to sell; and

s 14 8 s 14 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 (d) keep or expose for sale; and (e) cause or permit to be sold.’. 14 Replacement of ss 103A–103B Sections 103A and 103B— omit, insert — ‘103A Extension of term of approval by up to 1 year ‘(1) A type approval holder for a type of electrical equipment may apply to the chief executive for an extension of the term of the approval for a period of up to 1 year stated in the application. ‘(2) The application must— (a) be in the approved form and accompanied by the fee for the application; and (b) relate only to items manufactured before the application was made. ‘(3) The chief executive may, by written notice, require the applicant to give the chief executive within a stated reasonable time the additional information the chief executive reasonably requires to consider the application. ‘(4) If the applicant does not give the chief executive the additional information within the time stated in the notice, the application is taken to have been refused. ‘(5) The chief executive may extend the term only if the chief executive is satisfied that, at the time the application is made, the type of electrical equipment— (a) is for sale; and (b) is not being manufactured. ‘(6) The extension may be on conditions. ‘(7) A person granted an extension of an approval under subsection (5) must comply with any conditions of the extension. Maximum penalty—40 penalty units.

s 14 9 s 14 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 ‘(8) The chief executive must give the applicant written notice of the following within 3 months after the relevant date— (a) the grant or refusal of the extension; (b) if the extension is granted—any conditions of the extension; (c) if the extension is refused—an information notice for the decision to refuse. ‘(9) If the chief executive does not give the notice within 3 months after the relevant date, the application is taken to have been refused. ‘(10) If the approval will expire before the relevant date, the term of the approval is extended until whichever of the following happens first— (a) the chief executive gives the notice mentioned in subsection (8); (b) the application is taken to have been refused under subsection (9). ‘(11) In this section— relevant date means— (a) the date the chief executive receives an application for an extension of a type approval for a type of electrical equipment; or (b) if the chief executive makes a request for additional information in relation to an application for an extension of a type approval for a type of electrical equipment—the date the chief executive makes the request. ‘103B Renewal of approval ‘(1) A type approval holder whose approval for a type of electrical equipment has not been extended under section 103A may apply to the chief executive to renew the approval for a period of up to 5 years stated in the application.

s 14 10 s 14 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 ‘(2) The application must be in the approved form and accompanied by the fee for the application. ‘(3) The chief executive may, by written notice, require the applicant to give the chief executive within a stated reasonable time the additional information the chief executive reasonably requires to consider the application. ‘(4) If the applicant does not give the chief executive the additional information within the time stated in the notice, the application is taken to have been refused. ‘(5) The chief executive may renew the approval only if the chief executive is satisfied that, at the time the application is made, the type of electrical equipment— (a) is for sale or is intended for sale; or (b) is being manufactured in accordance with the approval. ‘(6) The renewal may be on conditions. ‘(7) A person granted a renewal of an approval under subsection (5) must comply with any conditions of the renewal. Maximum penalty—40 penalty units. ‘(8) The chief executive must give the applicant written notice of the following within 3 months after the relevant date— (a) the grant or refusal of the renewal; (b) if the renewal is granted—any conditions of the renewal; (c) if the renewal is refused—an information notice for the decision to refuse. ‘(9) If the chief executive does not give the notice within 3 months after the relevant date, the application is taken to have been refused. ‘(10) If the approval will expire before the relevant date, the term of the approval is extended until whichever of the following happens first— (a) the chief executive gives the notice mentioned in subsection (8); (b) the application is taken to have been refused under subsection (9).

s 15 11 s 17 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 ‘(11) In this section— relevant date means— (a) the date the chief executive receives an application for a renewal of a type approval for a type of electrical equipment; or (b) if the chief executive makes a request for additional information in relation to an application for a renewal of a type approval for a type of electrical equipment—the date the chief executive makes the request.’. 15 Amendment of s 126A (Refund of fees) Section 126A(1) ‘or 11’— omit, insert — ‘, 11 or 13’. 16 Amendment of s 131 (Performance and other requirements for works) Section 131(e)— omit, insert — ‘(e) the works must be— (i) designed and constructed to restrict unauthorised access by a person to live exposed parts; and (ii) operated in a way that restricts unauthorised access by a person to live exposed parts;’. 17 Amendment of s 204 (Definitions for div 1) Section 204, definition total contribution amount , ‘7307000’— omit, insert — ‘7754000’.

s 18 12 s 19 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 18 Amendment of s 207 (Application of regulation at mine or petroleum plant) Section 207(2), ‘ Petroleum Act 1923 ’— omit, insert — ‘ Petroleum and Gas (Production and Safety) Act 2004 ’. 19 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 . . . . . . . . $ 54.00 54.00 54.00 27.00 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 . . . . . . . . 259.70 259.70 259.70 205.50 Electrical equipment 9 Application for approval, or renewal of approval, of a type of electrical equipment of a prescribed class of electrical equipment—

s 19 13 s 19 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 • 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 for an extension under section 103A of an 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 . . . . . . . . . . . . . . . . . . . . . 12 Administration component of fee paid for an application under item 11 refundable under section 126A. . . . . . . . . . . 13 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 . . . . . . . . . . . . . . . . . . . . . . . . . . (b) if a test report is required . . . . . . . . . . . . . . . . . . . . . . . 14 Administration component of fee paid for an application under item 13 refundable under section 126A. . . . . . . . . . . 15 Application for transfer of approval of a type of electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 297.50 416.60 595.10 nil 77.10 77.10 77.10 nil 118.95 297.50 nil 59.40 Cathodic protection system 16 Application for registration of cathodic protection system that is a registrable system. . . . . . . . . . . . . . . . . . . . . . . . . . 17 Administration component of fee paid for an application under item 16 refundable under section 187A. . . . . . . . . . . 216.40 31.60 Accredited auditors 18 Application for appointment as an accredited auditor. . . . . 19 Application for renewal of appointment as an accredited auditor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Cost of administering an appointment as an accredited auditor refundable under section 168 . . . . . . . . . . . . . . . . . 270.45 162.25 162.25’.

s 20 14 s 22 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 20 Amendment of sch 9 (Dictionary) (1) Schedule 9— insert — ‘ safety observer see section 12(2).’. (2) Schedule 9, definition manufacturing work , ‘section 88’— omit, insert — ‘section 83’. Part 3 Amendment of State Penalties Enforcement Regulation 2000 21 Regulation amended in pt 3 This part amends the State Penalties Enforcement Regulation2000. 22 Amendment of sch 5 (Other legislation) (1) Schedule 5, entry for the Electrical Safety Regulation 2002 — insert — ‘s 24(1) s 24A(1) s 80A(6) ........................ ........................ ........................ 4 4 3 8 8 3’. (2) Schedule 5, entry for the ElectricalSafetyRegulation2002 , entry for section 128— insert — ‘• s 131(e) . . . . . . . . . . . . . . 4 20’.

15 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 Schedule Minor amendments section 3 1 Section 12(2), definition safe system of work , ‘low voltage’, second mention— omit, insert — ‘low-voltage’. 2 Section 55A(2), definition trade contractor’s licence , ‘ 1992 ’— omit, insert — ‘ 2003 ’. 3 Section 172(d), ‘Guide to the cathodic’— omit, insert — ‘Cathodic’. 4 Section 201(2)(b) and (c)— renumber as section 201(2)(a) and (b). 5 Schedule 3, item 8, third column, from ‘Toasters’— omit, insert — ‘Grills, toasters and similar portable cooking appliances)’. 6 Schedule 3, item 24, third column, after ‘requirements’— insert — ‘for appliances’.

16 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 Schedule (continued) 7 Schedule 3, item 32, third column, ‘requirements—Appliances’— omit, insert — ‘requirements for appliances’. 8 Schedule 3, item 33, third column, ‘standard bracket’— omit, insert — ‘standards and brackets’. 9 Schedule 3, item 47, third column, ‘socket-outlet’— omit, insert — ‘socket-outlets’. 10 Schedule 3, item 57, third column, ‘requirements—Vacuum’— omit, insert — ‘requirements for vacuum’. 11 Schedule 3, item 59, third column— omit, insert — ‘AS/NZS 3350.2.7 (Particular requirements for washing machines)’. 12 Schedule 3, item 60, third column, ‘Waterbed’— omit, insert — ‘Water-bed’.

17 Electrical Safety and Another Regulation Amendment No. 142, 2006 Regulation (No. 1) 2006 Schedule (continued) 13 Schedule 3, item 61, third column, ‘heaters’, first mention— omit, insert — ‘heaters)’. 14 Schedule 3, item 61, third column, from ‘requirements—instantaneous’— omit, insert — ‘requirements—Instantaneous water heaters)’. 15 Schedule 4, note 1, ‘0.6/1kV’— omit, insert — ‘0.6/1 (1.2) kV’. 16 Schedule 9, definition insulated cable , ‘0.6/1kV’— omit, insert — ‘0.6/1 (1.2) kV’. 17 Schedule 9, definition rural industry work , ‘divisions’— omit, insert — ‘division’. ENDNOTES 1 Made by the Governor in Council on 22 June 2006. 2 Notified in the gazette on 23 June 2006. 3 Laid before the Legislative Assembly on . . . 4 The administering agency is the Department of Industrial Relations. © State of Queensland 2006