Electrical Safety Regulation 2013 (Qld)

Electrical Safety Regulation 2013

Part 1    Preliminary

1   Short title

This regulation may be cited as the Electrical Safety Regulation 2013.

2   Commencement

This regulation commences on 1 January 2014.

3   Purposes

The purposes of this regulation include the following—

(a)ensuring the electrical safety of licensed electrical workers, other workers, licensed electrical contractors, consumers and the general public;

(b)enhancing consumer protection for electrical work;

(c)stopping cathodic protection systems from damaging or interfering with the property of others;

(d)ensuring a safe supply of electricity;

(e)ensuring electrical equipment hired or sold is electrically safe.

4   How purposes are to be achieved

The ways adopted by this regulation for the achievement of its purposes include the following—

(a)prescribing matters in support of the electrical licensing arrangements established under the Act;

(b)prescribing requirements for working around exposed parts and energised electrical equipment;

(c)prescribing requirements for electrical installations;

(d)prescribing matters about electrical equipment, including—

(i)requirements for electrical equipment; and

(ii)requirements relating to the registration and certification of particular electrical equipment; and

(iii)requirements about the hiring, selling, testing and using of electrical equipment; and

(iv)requiring particular electrical equipment to be marked for compliance with relevant standards; and

(v)requirements for the testing of electrical equipment;

(e)prescribing requirements and procedures for the design, building and maintenance of electric lines and the works of electricity entities;

(f)prescribing requirements for the performance of electrical work;

(g)prescribing requirements for safety management systems for prescribed electricity entities;

(h)prescribing requirements for the operation of cathodic protection systems and requirements for particular systems to be registered by the regulator;

(i)prescribing notification and reporting requirements for serious electrical incidents and dangerous electrical events.

5   Definitions

(1)The dictionary in schedule 9 defines particular words used in this regulation.

(2)If a word used in this regulation is not defined in the dictionary, and is not defined in the Act, but is used in the wiring rules, it must, to the greatest practicable extent, be taken to have the same meaning in this regulation as it has in the wiring rules.

6   References to standards and other documents

(1)In this regulation, unless otherwise stated—

(a)a reference to a standard using the designation made up of ‘AS’ and a number is a reference to the standard as in force from time to time under that designation; and

Example—

‘AS 1319’ is a reference to the standard that is currently in force under that designation.

(b)a reference to a joint standard using the designation made up of ‘AS/NZS’ and a number is a reference to the joint standard as in force from time to time under that designation.

Example—

‘AS/NZS 3012’ is a reference to the joint standard that is currently in force under that designation.

(2)Subsection (1) applies regardless of the edition or year of the standard or joint standard.

Example of operation of subsection (2)—

In this regulation, a reference to AS/NZS 3000 is a reference to that standard as amended from time to time, and as remade from time to time.

(3)Bracketed words appearing after a standard’s designation are included for information purposes only.

7   Meaning of qualified business person and qualified technical person

(1)A qualified business person, for an applicant or a licensed electrical contractor, is an individual who satisfies the regulator that he or she—

(a)is a fit and proper person; and

(b)is competent to perform the business aspects of performing electrical work as, or for, a licensed electrical contractor; and

(c)has satisfactorily finished a course of instruction, or an examination required by the regulator, on business aspects of performing electrical work; and

(d)is someone who—

(i)has satisfactorily finished a course of instruction, or an examination required by the regulator, on business aspects of performing electrical work in addition to a course or examination mentioned in paragraph (c); or

(ii)holds a qualification in business approved by the regulator and published on the department’s website; or

(iii)has been operating a business for a period of, or periods totalling, 5 years.

(2)A qualified technical person, for an applicant or a licensed electrical contractor, is an individual who satisfies the regulator that he or she—

(a)is a fit and proper person; and

(b)either—

(i)if the electrical work to be performed by the applicant or licensed electrical contractor may be performed only by the holder of an electrical work licence—has held for at least 2 years, or a shorter period considered acceptable by the regulator, and still holds, an electrical work licence; or

(ii)has held for at least 2 years, or a shorter period considered acceptable by the regulator, and still holds, an external contracting authority; and

(c)is competent to perform electrical work as, or for, a licensed electrical contractor; and

(d)has satisfactorily finished a course of instruction, or an examination required by the regulator, on technical aspects of performing electrical work.

(3)Despite subsections (1) and (2), for a person who is an individual to be a qualified business person or qualified technical person—

(a)for an applicant or licensed electrical contractor who is an individual, the person must also be, or be an employee of, that individual; or

(b)for an applicant or licensed electrical contractor that is a partnership, the person must also be a member or an employee of that partnership; or

(c)for an applicant or licensed electrical contractor that is a corporation, the person must also be an executive officer, a member or an employee of that corporation.

(4)In deciding whether a person who is an individual is a fit and proper person, the regulator may consider only—

(a)the standard of honesty and integrity demonstrated by the person in commercial and other activities in which the person has been involved; and

(b)any failure by the person to perform commercial or statutory obligations and the reasons for the failure.

(5)Despite subsection (4), a person who is an individual is not a fit and proper person to be a qualified technical person if the individual is disqualified from being a qualified technical person for the holder of an electrical contractor licence, because of disciplinary action taken by the licensing committee.

(6)In this section—

applicant means an individual, partnership or corporation that has applied for the issue of an electrical contractor licence.

8   Provisions linked to electrical safety duties in Act

If a note at the foot of a provision of this regulation states ‘ES Act’ followed by a reference to a section number, the provision sets out the way in which a person’s duty under that section of the Act is to be performed in relation to the matters and to the extent set out in the provision.

Note—

A failure to comply with a duty under a section of the Act mentioned in an ‘ES Act’ note is an offence to which a penalty applies.

9   Application of this regulation

A duty imposed on a person under a provision of this regulation in relation to electrical safety does not limit or affect any duty the person has under the Act or, unless otherwise expressly provided, any other provision of this regulation.

10   Assessment of risk in relation to a class of hazards, tasks, circumstances or things

If this regulation requires an assessment of risks to electrical safety associated with a hazard, task, thing or circumstance, an assessment of risks associated with a class of hazards, tasks, things or circumstances may be conducted if—

(a)all hazards, tasks, things or circumstances in the class are the same; and

(b)the assessment of risks for the class does not result in any worker or other person being exposed to a greater, additional or different risk to electrical safety than if the risk assessment were carried out in relation to each individual hazard, task, thing or circumstance.

Part 2    General risk management

11   Risk management

A person conducting a business or undertaking at a workplace must manage risks to health and safety associated with electrical risks at the workplace in accordance with the WHS Regulation, chapter 3, part 3.1.

Example of electrical risks—

electrical risks associated with the design, construction, installation, protection, maintenance and testing of electrical equipment and electrical installations at a workplace

Note—

ES Act—section 30 (see section 8)

Part 3    Electrical work

Division 1 Electrical work on or near energised electrical equipment

12   Definitions for division

In this division—

electrical work does not include high voltage live line work.

near, in relation to electrical equipment, means within 3m of an exposed energised part of the equipment.

safe work method statement, in relation to electrical work on energised electrical equipment, means a safe work method statement prepared under section 22.

13   Persons conducting a business or undertaking to which this division applies

In this division, other than sections 16, 20 and 21, a reference to a person conducting a business or undertaking in relation to electrical work is a reference to the person conducting the business or undertaking who is carrying out the electrical work.

14   Electrical work on or near energised electrical equipment

(1)A person conducting a business or undertaking must ensure that electrical work on or near energised electrical equipment is not carried out unless—

(a)it is necessary in the interests of health and safety that the electrical work is carried out on or near the electrical equipment while the equipment is energised; or

Example—

It may be necessary that life-saving equipment remain energised and operating while electrical work is carried out on or near the equipment.

(b)it is necessary that the electrical equipment is energised in order for the work to be carried out properly; or

(c)it is necessary for testing the electrical equipment under section 15(1); or

(d)there is no reasonable alternative means of carrying out the work.

Example—

It may be necessary, to avoid widespread outages, that works of an electricity entity remain energised and operating while electrical work is carried out on or near the works.

Maximum penalty—60 penalty units.

(2)The electrical work that may be carried out under subsection (1)(a), (b) and (d) may include testing of the energised electrical equipment.

Examples of testing of energised electrical equipment—

•detecting a fault or defect in electrical equipment

•locating a fault or defect in electrical equipment

•measuring the performance of electrical equipment

•verifying compliance with the wiring rules

15   Duty to determine whether equipment is energised

(1)A person conducting a business or undertaking must ensure that, before electrical work is carried out on or near electrical equipment, the equipment is tested by a competent person to decide whether or not it is energised.

Maximum penalty—60 penalty units.

Note—

Section 14 allows testing to be carried out on electrical equipment for this section. Section 22 sets out how the testing is to be carried out.

(2)The person conducting a business or undertaking must ensure that—

(a)each exposed part is treated as energised until it is isolated and found not to be energised; and

(b)each high-voltage exposed part is earthed after being de-energised.

Maximum penalty—60 penalty units.

16   De-energised equipment must not be inadvertently re-energised

A person conducting a business or undertaking must ensure that electrical equipment that has been de-energised to allow electrical work to be carried out on or near the equipment is not inadvertently re-energised while the work is being carried out.

Maximum penalty—60 penalty units.

17   Licensed electrical worker to take precautions to prevent de-energised equipment from being inadvertently re-energised

(1)This section applies if—

(a)a licensed electrical worker is performing electrical work; and

(b)to perform the work, the worker has de-energised, or otherwise isolated from electricity, an item of electrical equipment that is the subject of the electrical work or that is near where the electrical work is being performed; and

(c)to de-energise, or otherwise isolate, the item of electrical equipment, the licensed electrical worker has operated a device; and

(d)while the worker is performing the work, the worker does not have the device under the worker’s sole effective control.

(2)The licensed electrical worker must ensure both of the following—

(a)there is attached to the device, in a prominent position, a warning sign that is suitable in the circumstances, having regard to AS 1319 (Safety signs for the occupational environment);

(b)the device—

(i)when in the open position, is locked; or

Examples for subparagraph (i)—

•using a personal lock to lock an air-conditioner isolator in the open position

•using a locking device that stops a miniature circuit breaker from being closed

•placing a lockable shroud on the male inlet plug of electrical equipment

(ii)is prevented from being accidentally closed.

Examples for subparagraph (ii)—

•disengaging a circuit breaker so that the circuit breaker is separated from the busbars

•removing circuit cables from the fuse or circuit breaker

•insertion of a mechanical restriction

Maximum penalty—40 penalty units.

(3)In this section—

device means a circuit breaker, disconnection point, fuse or switch.

18   [Repealed]

19   Preliminary steps

(1)A person conducting a business or undertaking must ensure the following before electrical work on or near energised electrical equipment commences at a workplace—

(a)a competent person conducts a risk assessment in relation to the proposed electrical work and records the results of the risk assessment;

Note—

Section 10 permits risk assessments to be conducted, in particular circumstances, in relation to a class of hazards, tasks, things or circumstances.

(b)the area where the electrical work is to be carried out is clear of obstructions so as to allow for easy access and exit;

(c)the point at which the electrical equipment can be disconnected or isolated from its electricity supply is—

(i)clearly marked or labelled; and

(ii)clear of obstructions so as to allow for easy access and exit by the worker who is to carry out the electrical work or any other competent person; and

(iii)capable of being operated quickly;

(d)the person authorises the electrical work after consulting with the person with management or control of the workplace.

Maximum penalty—60 penalty units.

(2)Subsection (1)(c) does not apply to—

(a)electrical work on or near electrical equipment if—

(i)the work is to be carried out on the supply side of the main switch on the main switchboard for the equipment; and

(ii)the point at which the equipment can be disconnected from its electricity supply is not reasonably accessible from the work location; or

(b)electric line work.

20   Unauthorised access to electrical equipment while work carried out

A person conducting a business or undertaking must ensure that only persons authorised by the person conducting the business or undertaking enter the immediate area in which electrical work on or near energised electrical equipment is being carried out.

Maximum penalty—60 penalty units.

21   Contact with electrical equipment while work carried out

A person conducting a business or undertaking must ensure that, while electrical work is being carried out on or near energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised part of the equipment.

Maximum penalty—60 penalty units.

22   How work is to be carried out

(1)A person conducting a business or undertaking must ensure that electrical work on or near energised electrical equipment is carried out—

(a)by a competent person who has tools, testing equipment and personal protective equipment that—

(i)are suitable for the work; and

(ii)have been properly tested; and

(iii)are maintained in good working order; and

(b)in accordance with a safe work method statement prepared for the work; and

(c)subject to subsection (4), with a safety observer.

Maximum penalty—60 penalty units.

(2)The person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the person who carries out the electrical work uses the tools, testing equipment and personal protective equipment properly.

Maximum penalty—60 penalty units.

(3)For subsection (1)(b), the safe work method statement must—

(a)identify the electrical work; and

(b)specify hazards associated with the electrical work and risks associated with those hazards; and

(c)describe the measures to be implemented to control the risks; and

Example of a measure—

preventing persons from accessing an area where electrical work is being carried out on or near energised electrical equipment if the persons are not needed for the performance of the work

(d)describe how the measures mentioned in paragraph (c) are to be implemented, monitored and reviewed.

(4)A safety observer is not required if—

(a)the work consists only of testing; and

(b)the person conducting the business or undertaking has conducted a risk assessment under section 19(1)(a) that shows that there is no serious risk associated with the proposed work.

Example for subsection (4)—

A safety observer is not required to observe the testing of the polarity of an installed outlet if a risk assessment does not show there is a serious risk in performing the work.

23   Record keeping

(1)This section applies if a person conducting a business or undertaking—

(a)is responsible for ensuring a risk assessment is conducted under section 19; or

(b)prepares a safe work method statement under section 22.

(2)Subject to subsection (3), the person must keep—

(a)a copy of the risk assessment until at least 28 days after the work to which it relates is completed; and

(b)a copy of the safe work method statement until the work to which it relates is completed.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(3)If a serious electrical incident or dangerous electrical event occurs in connection with the work to which the assessment or statement relates, the person must keep the assessment or statement for at least 2 years after the incident occurs.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

(4)The person must ensure that, for the period for which the assessment or statement must be kept under this section, a copy is readily accessible to any worker engaged by the person to carry out electrical work to which the assessment or statement relates.

Maximum penalty—36 penalty units.

(5)The person must ensure that, for the period for which the assessment or statement must be kept under this section, a copy is available for inspection under the Act.

Maximum penalty—

(a)for an individual—12¹/₂ penalty units; or

(b)for a body corporate—60 penalty units.

Division 2 High voltage live line work

24   Performance of high voltage live line work

(1)A person must not perform high voltage live line work unless the person’s performance of the work—

(a)is authorised in writing by the person in control of the electrical equipment the subject of the work; and

(b)is under a high voltage live line work management plan.

Maximum penalty—40 penalty units.

(2)A person in control of electrical equipment may authorise a person’s performance of high voltage live line work in relation to the electrical equipment only if—

(a)the person in control is satisfied the person—

(i)has successfully finished an appropriate course of training; and

(ii)has been assessed by the provider of the course as competent to perform the work; and

(b)the written authorisation states the voltages of the electrical equipment on which the high voltage live line work may be performed.

(3)If the written authorisation provides for the performance of work on more than 1 occasion, the entity that gives the authorisation must, while the authorisation is in force, cause the person authorised to perform the high voltage live line work to be regularly assessed to ensure the person remains competent to perform the work.

Maximum penalty—40 penalty units.

(4)In this section—

high voltage live line work management plan means a plan for the performance of high voltage live line work that—

(a)includes procedures developed in accordance with each of the following standards—

(i)AS 5804.1 (High-voltage live working—General);

(ii)AS 5804.2 (High-voltage live working—Glove and barrier work);

(iii)AS 5804.3 (High-voltage live working—Stick work);

(iv)AS 5804.4 (High-voltage live working—Barehand work); and

(b)is developed in conjunction with each of the following—

(i)representatives of workers who are to perform high voltage live line work under the plan;

(ii)if the high voltage live line work involves the works of an electricity entity—the electricity entity;

(iii)other persons who might reasonably be expected to have an interest in the performance of the high voltage live line work; and

(c)has been approved by a person who—

(i)is an electrical engineer who has expertise as a professional engineer in the performance of high voltage live line work; or

(ii)has expertise the person in control of the electrical equipment the subject of the high voltage live line work decides is equivalent to the expertise mentioned in subparagraph (i).

Division 3 Testing of work

25   Testing of electrical equipment after electrical work

(1)This section applies if electrical work is performed on electrical equipment.

(2)A person who performs part or all of the electrical work, and is responsible for making the electrical equipment ready to connect to a source of electricity for use for its intended purpose, must ensure the electrical equipment is tested as required under subsections (6) and (7).

Maximum penalty—40 penalty units.

(3)If a training person performs the work mentioned in subsection (2) under the supervision of a licensed electrical worker, subsection (2) applies to the licensed electrical worker and not the training person as if the licensed electrical worker were performing the work.

(4)A licensed electrical contractor or electricity entity who performs the electrical work of connecting the electrical equipment to a source of electricity for use for its intended purpose must ensure the electrical equipment is tested as required under subsections (6) and (7).

Maximum penalty—40 penalty units.

(5)Subsection (4) does not require a distribution entity to ensure the testing of the electrical equipment if—

(a)the electrical work is, or is part of, electrical work performed on an electrical installation; and

(b)a licensed electrical contractor has given the distribution entity a notice under section 226 about the testing of the electrical work performed on the electrical installation.

(6)The testing of the electrical equipment must be directed at ensuring that the electrical equipment, to the extent it is affected by the electrical work, is electrically safe.

(7)If the electrical equipment is energised for testing, the person who performs the test must ensure persons not necessary for the testing are electrically safe.

26   Certificate of testing and safety

(1)This section applies if a licensed electrical contractor performs electrical work that must be tested under this division.

(2)The contractor must, as soon as practicable after testing the electrical work, ensure that the person for whom the electrical work was performed is given a certificate complying with this section.

Maximum penalty—40 penalty units.

(3)The certificate must state the following—

(a)the name and address of the person for whom the work was performed;

(b)the electrical equipment tested;

(c)the day the electrical equipment was tested;

(d)the number of the electrical contractor licence under which the electrical equipment was tested.

(4)The certificate must certify that the electrical equipment, to the extent it is affected by the electrical work, is electrically safe.

(5)A licensed electrical contractor must keep a copy of a certificate given under this section for at least 5 years after the certificate is given.

Maximum penalty for subsection (5)—20 penalty units.

Division 3A Replacement of appliances

26A   Circumstances for replacing similar appliance—Act, s 19

(1)For section 19(1)(b) of the Act, the following circumstances are prescribed—

(a)the similar appliance has—

(i)a voltage rating that is the same as the voltage rating of the appliance included in the electrical installation (the old appliance); and

(ii)a current rating that is not greater than the current rating of the old appliance; and

(iii)a power rating that is not greater than the power rating of the old appliance; and

(iv)the same way of performing the function as the old appliance; and

(v)electrical characteristics that are the same as or better than the electrical characteristics of the old appliance;

Examples of electrical characteristics—

ingress protection rating, insulation, earthing, operating temperature

(b)the electrical installation is not located in a hazardous area.

(2)In this section—

current rating, for an appliance, means the current stated on the appliance as the current the appliance will consume when operating under normal circumstances.

power rating, for an appliance, means the power stated on the appliance as the power the appliance will consume when operating under normal circumstances.

voltage rating, for an appliance, means the voltage stated on the appliance as the voltage the appliance is designed to be supplied with to operate under normal conditions.

Division 4 Other requirements

27   Electrical equipment with serious defect not to be connected to electricity source

If an item of electrical equipment has a serious defect, a licensed electrical worker must not connect the equipment to a source of electricity for use for its intended purpose.

Maximum penalty—40 penalty units.

28   Rescue and resuscitation training

(1)A person conducting a business or undertaking must ensure workers who are required to perform, or help in performing, electrical work are competent in rescue and resuscitation in accordance with recognised practices in the electricity industry.

Maximum penalty—40 penalty units.

(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 rescue and resuscitation, including as a safety observer.

Division 5 Documents about electrical work

29   Application of division

This division applies to the performance of electrical work as part of the business or undertaking conducted by a licensed electrical contractor.

30   Who may sign documents about electrical work

A person must not sign a document required under the Act, or by an electricity entity, about the performance of electrical work unless the person is—

(a)if the electrical work was performed as part of the business or undertaking conducted by a licensed electrical contractor who is an individual—a qualified technical person for the individual; or

(b)if the electrical work was performed as part of the business or undertaking conducted by a licensed electrical contractor that is a partnership—a qualified technical person for the partnership; or

(c)if the electrical work was performed as part of the business or undertaking conducted by a licensed electrical contractor that is a corporation—a qualified technical person for the corporation.

Maximum penalty—20 penalty units.

Division 6 General provisions

31   Misrepresentations about electrical equipment or work

(1)A person must not, in trade or commerce, represent that someone who is not a licensed electrical worker may lawfully—

(a)connect to a source of electricity an item of electrical equipment that may only be connected to a source of electricity by a licensed electrical worker; or

(b)do electrical work that may be done only by a licensed electrical worker.

Maximum penalty—40 penalty units.

(2)A person conducting a business or undertaking must take all reasonable steps to ensure the person’s workers do not contravene subsection (1).

Maximum penalty—40 penalty units.

32   Misrepresentations about lawful authority to contract for the performance of electrical work

(1)A person must not, in trade or commerce, represent that another person who is not a licensed electrical contractor may lawfully contract for the performance of electrical work the other person may not otherwise perform under the Act.

Example of electrical work that may be performed by a person who is not a licensed electrical contractor—

minor emergency repairs to make electrical equipment electrically safe that are performed by a licensed electrical mechanic

Maximum penalty—40 penalty units.

(2)A person conducting a business or undertaking must take all reasonable steps to ensure the person’s workers do not contravene subsection (1).

Maximum penalty—40 penalty units.

Part 4    Licensing

Division 1 Electrical work licences

33   Classes of electrical work licences

The following classes of electrical work licences may be issued—

(a)electrical mechanic licence;

(b)electrical linesperson licence;

(c)electrical fitter licence;

(d)electrical jointer licence;

(e)restricted electrical work licence;

(f)electrical work training permit.

34   This division does not authorise contravention of conditions or restrictions on licence

Nothing in this division authorises a holder of an electrical work licence to contravene a current condition or restriction included in the licence.

Note—

For the inclusion of conditions or restrictions in electrical licences, see section 63 of the Act.

35   What electrical mechanic licence authorises

An electrical mechanic licence authorises the holder to perform all electrical work.

Examples of what the holder of an electrical mechanic licence may do—

•installing or changing an electrical installation or electric line

•maintaining, repairing, or connecting to a source of electricity, an item of electrical equipment

36   What electrical linesperson licence authorises

An electrical linesperson licence authorises the holder to perform all electric line work.

Examples of what the holder of an electrical linesperson licence may do—

•electrical work in the building or maintenance of an overhead electric line

•electrical work in the building or maintenance of street lighting connected to an overhead or underground electric line

•tests to ensure overhead electric lines are correctly connected

37   What electrical fitter licence authorises

An electrical fitter licence authorises the holder to perform all electrical equipment work.

Example of what the holder of an electrical fitter licence may do—

electrical work, whether in a workshop or on site, of building, manufacturing, fitting, assembling, erecting, operating, testing or repairing electrical equipment

38   What electrical jointer licence authorises

An electrical jointer licence authorises the holder to perform electrical work to the extent of the following—

(a)installing, jointing and terminating cables to the extent the work requires specialised knowledge or skill;

(b)electrical equipment work necessary for the work mentioned in paragraph (a).

39   What restricted electrical work licence authorises

(1)A restricted electrical work licence authorises the holder to perform electrical work only of a particular type stated in the licence.

Example of what the holder of a restricted electrical work licence may do—

A restricted electrical work licence may restrict the holder to the performance of electrical work incidental or special to a particular calling.

(2)A restricted electrical work licence—

(a)does not entitle the holder to another electrical licence; and

(b)must not be taken into account in deciding whether the holder is qualified to obtain or hold another electrical licence.

40   What electrical work training permit authorises

(1)An electrical work training permit authorises the holder to perform electrical work stated in the permit in accordance with the conditions about training stated in the permit.

(2)An electrical work training permit—

(a)does not entitle the holder to another electrical licence; and

(b)must not be taken into account in deciding whether the holder is qualified to obtain or hold another electrical licence.

41   External licence equivalents

An external licence mentioned in schedule 1 is equivalent to the electrical work licence stated in the schedule for the external licence.

Division 2 Electrical work licence requirements

42   General requirements

(1)This section states requirements that apply generally for the issue of an electrical work licence, other than an electrical work training permit, to an applicant for the licence.

(2)The regulator must be satisfied that—

(a)the applicant satisfies the eligibility requirements for the licence; and

(b)the applicant is adequately able to understand, and read and write in, the English language without the aid of an interpreter.

(3)The regulator may consider the following about the applicant’s activities, whether before or after the commencement of this section, as a licensed electrical worker—

(a)disciplinary action taken against the applicant under a law regulating the activities of licensed electrical workers;

(b)the applicant’s non-performance of a duty under a law about electrical work and the reasons for the non-performance.

(4)The regulator must be satisfied the applicant has been trained in, and is competent to carry out, resuscitation on an individual who has stopped breathing or is unconscious because of electric shock.

(5)For an application for an electrical linesperson licence, the regulator must also be satisfied the applicant has been trained in, and is competent to carry out, resuscitation and rescue at a pole top or transmission tower on an individual who has stopped breathing or is unconscious because of electric shock.

(6)In this section—

eligibility requirements, for an electrical work licence, means the requirements that apply to the licence under sections 43 to 45.

43   Eligibility requirements for electrical mechanic licence, electrical linesperson licence, electrical fitter licence and electrical jointer licence

(1)This section prescribes eligibility requirements for the issue of the following classes of electrical work licence—

(a)an electrical mechanic licence;

(b)an electrical linesperson licence;

(c)an electrical fitter licence;

(d)an electrical jointer licence.

(2)To be issued a licence, an applicant must comply with subsection (3), (4) or (5).

(3)The applicant must have—

(a)satisfactorily finished an apprenticeship under the Further Education and Training Act 2014 to achieve competence in the trade work of the relevant trade; and

(b)satisfactorily finished a course of instruction decided by the regulator; and

(c)given the regulator a written statement that—

(i)states that the applicant is competent in the trade work of the relevant trade; 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)given the regulator 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 a person conducting a business or undertaking who is a party to the training plan under which the applicant finished the apprenticeship; and

(e)satisfied the regulator the applicant is competent in the trade work of the relevant trade.

(4)The applicant must have—

(a)satisfactorily finished an apprenticeship outside Queensland that is, in the regulator’s opinion, at least equivalent to an apprenticeship mentioned in subsection (3)(a); and

(b)satisfactorily finished a course of instruction related to the apprenticeship that is, in the regulator’s opinion, at least equivalent to the course of instruction mentioned in subsection (3)(b); and

(c)given the regulator a written statement that—

(i)states that the applicant is competent in the trade work of the relevant trade; 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)given the regulator 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 a person conducting a business or undertaking under whom the applicant finished the apprenticeship; and

(e)satisfied the regulator the applicant is competent in the trade work of the relevant trade.

(5)The applicant must satisfy the regulator that the applicant—

(a)has a relevant qualification; and

(b)has complied with the regulator’s examination requirements; and

(c)is competent in the trade work of the relevant trade.

(6)In this section—

relevant expired licence means—

(a)for the issue of an electrical mechanic licence—an expired electrical mechanic licence; or

(b)for the issue of an electrical linesperson licence—an expired electrical linesperson licence; or

(c)for the issue of an electrical fitter licence—an expired electrical fitter licence; or

(d)for the issue of an electrical jointer licence—an expired electrical jointer licence.

relevant qualification, for an applicant, means that the applicant—

(a)is the holder of—

(i)for the issue of an electrical mechanic licence—a current electrical fitter licence; or

(ii)for the issue of an electrical linesperson licence, an electrical fitter licence or an electrical jointer licence—a current electrical mechanic licence; or

(b)was the holder of a relevant expired licence that was issued under the Act; or

(c)has served an apprenticeship to the calling of the relevant trade under the Further Education and Training Act 2014, but has not satisfactorily finished the course of instruction mentioned in subsection (3)(b); or

(d)for the issue of an electrical mechanic licence or an electrical fitter licence—is the holder of a tradesman’s certificate within the meaning of the Tradespersons’ Rights Regulation Act 1946 (Cwlth) in the classification of the relevant trade; or

(e)is the holder of a certificate or other document issued by a relevant assessing authority stating that the holder’s skills are suitable for the occupation of the relevant trade.

relevant trade means—

(a)for the issue of an electrical mechanic licence—electrical mechanic; or

(b)for the issue of an electrical linesperson licence—electrical linesperson; or

(c)for the issue of an electrical fitter licence—electrical fitter; or

(d)for the issue of an electrical jointer licence—electrical jointer.

44   Eligibility requirements for restricted electrical work licence

(1)To be issued a restricted electrical work licence, an applicant must comply with subsection (2), (3), (4) or (5).

(2)The applicant must have—

(a)satisfactorily finished a course of training, conducted by a registered training organisation, that the regulator considers to be appropriate; and

(b)satisfactorily finished a course of instruction decided by the regulator; and

(c)given the regulator a written statement that—

(i)the applicant is competent in performing electrical work the subject of the application; and

(ii)is verified by the registered training organisation; and

(d)if the course is training delivered to the applicant under a training plan—given the regulator a written statement that—

(i)the applicant has satisfactorily finished the training to be delivered under the training plan; and

(ii)is verified by a person conducting a business or undertaking who is a party to the training plan; and

(e)satisfied the regulator the applicant is competent to perform electrical work the subject of the licence.

(3)The applicant must have—

(a)satisfactorily finished a course of training outside Queensland that is, in the regulator’s opinion, at least equivalent to the course of training mentioned in subsection (2)(a); and

(b)satisfactorily finished a course of instruction that is, in the regulator’s opinion, at least equivalent to the course of instruction mentioned in subsection (2)(b); and

(c)given the regulator 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 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—given the regulator a written statement that—

(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 a person conducting a business or undertaking under whom the applicant finished the apprenticeship or traineeship; and

(e)satisfied the regulator the applicant is competent to perform electrical work the subject of the licence.

(4)The applicant must be the holder of a current licence, permit, certificate or other authority issued under a law of the Commonwealth, another State or New Zealand that the regulator decides is equivalent to the restricted electrical work licence.

(5)The applicant must have—

(a)satisfied the regulator that the applicant has a relevant qualification; and

(b)satisfactorily finished a course of instruction, decided by the regulator, that is conducted by a registered training organisation; and

(c)given the regulator a written statement—

(i)that the applicant is competent in performing electrical work the subject of the application; and

(ii)is verified by the registered training organisation; and

(d)if the course is training delivered to the applicant under a training plan—given the regulator 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 a person conducting a business or undertaking who is a party to the training plan; and

(e)satisfied the regulator the applicant is competent to perform electrical work the subject of the licence.

(6)An applicant who satisfies the regulator 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).

(7)In this section—

corresponding training department means a department of government of another State in which a law corresponding to the Further Education and Training Act 2014 is administered.

relevant qualification, for an applicant, means that the applicant—

(a)is the holder of a tradesperson’s certificate within the meaning of the Tradespersons’ Rights Regulation Act 1946 (Cwlth) in a calling that the regulator has decided requires the tradesperson to perform electrical work; or

(b)is the holder of a tradesperson’s certificate issued by a corresponding training department in a calling that the regulator has decided requires the tradesperson to perform electrical work; or

(c)is the holder of a certificate or other document issued by a relevant assessing authority stating that the holder’s skills are suitable for an occupation that is or includes a calling that the regulator has decided requires the holder to perform electrical work; or

(d)has equivalent qualifications or experience in a calling that the regulator decides requires the person to perform electrical work.

45   Eligibility requirements for electrical work training permit

(1)To be issued an electrical work training permit to perform electrical work stated in the permit, an applicant must satisfy the regulator that the applicant has a relevant qualification under section 43(6), definition relevant qualification or 44(7), definition relevant qualification for the stated electrical work.

Example—

A person applies for an electrical mechanic licence. The person does not satisfy the eligibility requirements for an electrical mechanic licence under section 43(3), (4) or (5). The person may be issued an electrical work training permit if the person has a relevant qualification under section 43(6), definition relevant qualification.

(2)The regulator may also consider the following about the applicant’s activities, whether before or after the commencement of this section—

(a)disciplinary action taken against the applicant under a law regulating the activities of licensed electrical workers;

(b)the applicant’s non-performance of a duty under a law about electrical work and the reasons for the non-performance.

46   Term of electrical work licence

(1)Each of the following may be issued, renewed or reinstated for a maximum of 5 years—

(a)electrical mechanic licence;

(b)electrical linesperson licence;

(c)electrical fitter licence;

(d)electrical jointer licence;

(e)restricted electrical work licence.

(2)An electrical work training permit may be issued, renewed or reinstated for a maximum of 1 year.

Division 3 Electrical contractor licence requirements

47   Application of division

This division prescribes requirements for an electrical contractor licence applied for by, or issued to—

(a)an individual; or

(b)a partnership; or

(c)a corporation.

48   Eligibility requirements for electrical contractor licence

(1)To be issued an electrical contractor licence, the applicant for the licence must—

(a)have at least 1 qualified business person and 1 qualified technical person to perform electrical work; and

(b)satisfy the insurance requirements under section 51; and

(c)satisfy the regulator that electrical work to be performed by the applicant as a licensed electrical contractor is proposed to be—

(i)performed by a qualified technical person for the applicant under the person’s electrical work licence; or

(ii)supervised by a qualified technical person for the applicant who is authorised to perform the work under the person’s electrical work licence.

(2)The regulator must endorse the electrical contractor licence with the name of at least 1 qualified business person and 1 qualified technical person for the applicant.

(3)The applicant may, before the issue of the electrical contractor licence, or at any time after its issue but while the electrical contractor licence is in force, apply to the regulator to have other names endorsed on the electrical contractor licence as the names of qualified business persons or qualified technical persons for the applicant.

(4)The regulator must endorse a person’s name in accordance with the application if the regulator is satisfied the person is a qualified business person or qualified technical person for the applicant.

49   Removal of endorsement from electrical contractor licence

(1)If a person whose name is endorsed on an electrical contractor licence as a qualified technical person is no longer the holder of an electrical work licence or external contracting authority, or is no longer an employee of the licensed electrical contractor under the licence—

(a)the licensed electrical contractor must advise the regulator of the fact within 10 business days after the person stops being—

(i)the holder of the licence or authority; or

(ii)an employee of the licensed electrical contractor; and

(b)the regulator must, on receiving the advice, remove the endorsement from the electrical contractor licence.

(2)If a person whose name is endorsed on an electrical contractor licence as a qualified business person is no longer a qualified business person or is no longer an employee of the licensed electrical contractor under the licence—

(a)the licensed electrical contractor must advise the regulator of the fact within 10 business days after the person stops being—

(i)an employee of the licensed electrical contractor; or

(ii)a qualified business person; and

(b)the regulator must, on receiving the advice, remove the endorsement from the licence.

50   Automatic suspension and cancellation of electrical contractor licence

(1)An electrical contractor licence is automatically suspended if, for a period of 30 days, there is no person—

(a)who is a qualified business person for the licensed electrical contractor and whose name is endorsed on the electrical contractor licence as a qualified business person for the licensed electrical contractor under the licence; or

(b)who is a qualified technical person for the licence holder and whose name is endorsed on the electrical contractor licence as a qualified technical person for the licensed electrical contractor under the licence.

(2)If, before the end of 30 days after a licence is automatically suspended under subsection (1), there is still no person whose name is endorsed on the electrical contractor licence, as mentioned in subsection (1)(a) or (b), the licence is automatically cancelled.

51   Insurance requirements for applicant for electrical contractor licence

An applicant for an electrical contractor licence must give the regulator—

(a)evidence that the applicant has public and products liability insurance for at least $5,000,000 under a contract of insurance approved by the regulator; and

(b)evidence that the applicant has consumer protection insurance for at least $50,000 under a contract of insurance approved by the regulator.

52   Change of name of corporation or partnership

(1)This section applies if, for a corporation or partnership that is the holder of an electrical contractor licence, there is a change in—

(a)the name of the corporation or partnership; or

(b)if the corporation or partnership carries on business under a name other than its name—the name (business name) under which it carries on business.

(2)The corporation or partnership must, within 1 month after the change of name or business name, give the regulator written notice of the change that complies with subsection (3).

Maximum penalty—20 penalty units.

(3)The notice must be accompanied by the electrical contractor licence, and may be accompanied by an application about how the regulator is to act under subsection (4).

(4)After receiving the notice and considering any accompanying application, the regulator must—

(a)endorse the licence with information about the change of name or business name and reissue it to the corporation or partnership; or

(b)cancel the licence and issue a new licence; or

(c)cancel the licence.

(5)A licence reissued by the regulator with an endorsement of the change of the name or business name of the corporation or partnership has, subject to the endorsement, continuing effect as the original electrical contractor licence.

(6)A new licence issued by the regulator under this section must be endorsed with a memorandum stating the reasons for the issue of the new licence.

(7)If the regulator acts under subsection (4)(c) to cancel the licence, the regulator must give the corporation or partnership an information notice for the decision to cancel.

53   Change in membership of partnership

(1)This section applies if—

(a)a partnership is the holder of an electrical contractor licence; and

(b)there is a change in the membership of the partnership, whether by the death or retirement of a member or the admission of a new member.

(2)The partnership must, within 1 month after the membership change, give the regulator written notice of the change that complies with subsection (3) and (4).

Maximum penalty—20 penalty units.

(3)The notice must give full information and particulars of the change.

(4)The notice must be accompanied by the electrical contractor licence, and may be accompanied by an application about how the regulator is to act under subsection (5).

(5)After receiving the notice and considering any accompanying application, the regulator must—

(a)endorse the licence with information about the membership change and reissue it to the partnership; or

(b)cancel the licence and issue a new licence; or

(c)cancel the licence.

(6)A licence reissued by the regulator with an endorsement of the change of the membership of the partnership has, subject to the endorsement, continuing effect as the original electrical contractor licence.

(7)A new licence issued by the regulator must be endorsed with a memorandum stating the reasons for its issue.

(8)The regulator may issue a new licence to the partnership only if the regulator is satisfied that—

(a)the entire business of electrical contracting work carried on by the partnership in Queensland before the membership change is to be carried on by the partnership after the new licence is issued; and

(b)the partnership complies with the eligibility requirements for the issue of the licence.

(9)If the regulator acts under subsection (5)(c) to cancel the licence, the regulator must give the partnership an information notice for the decision to cancel.

(10)Nothing in this section affects the requirement under this division for the endorsement of an electrical contractor licence issued to a partnership.

54   Term of electrical contractor licence

An electrical contractor licence may be issued, renewed or reinstated for a maximum of 1 year.

Division 4 Miscellaneous

55   Eligibility requirements for renewal or reinstatement of electrical licence

(1)To renew or reinstate an electrical licence, the regulator must be satisfied the applicant for the renewal or reinstatement continues to satisfy the eligibility requirements for the licence.

(2)However—

(a)the application of section 42(4) as an eligibility requirement for subsection (1) does not prevent the regulator renewing or reinstating an electrical work licence if the regulator is satisfied—

(i)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

(ii)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; and

(b)the application of section 42(5) as an eligibility requirement for subsection (1) does not prevent the regulator renewing or reinstating an electrical linesperson licence if the regulator is satisfied—

(i)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

(ii)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.

(3)In this section—

eligibility requirements, for an electrical licence, means—

(a)the requirements under sections 42(2)(b) and (3) to (5), 43 to 45 and 48 that apply to the issue of the licence; and

(b)if, for the issue of the licence, the applicant was required, under section 51, to provide evidence that the applicant satisfied the criteria, mentioned in paragraphs (a) and (b) of that section, relating to insurance—those criteria.

56   Application requirements

(1)An electrical licence application under part 4, division 2 of the Act must be accompanied by the fee for the application.

(2)An application under this part about an electrical licence must be accompanied by the fee for the application.

57   Giving regulator cancelled or suspended licence or licence to be endorsed

The holder of an electrical licence, or another person who has control of the licence, must, if required by the regulator, give the licence to the regulator if the licence—

(a)has been cancelled or suspended; or

(b)has ended; or

(c)is required to have anything endorsed on it.

Maximum penalty—20 penalty units.

58   Replacement of electrical licence

(1)If, on application by the holder of an electrical licence, the regulator is satisfied the licence has been lost, damaged or destroyed, the regulator may issue a replacement licence.

(2)However, if a fixed fee applies to the application, the application must be accompanied by the fixed fee.

59   Surrender of electrical licence

The holder of an electrical licence may surrender the licence by written notice given to the regulator.

60   Register of electrical licences

(1)The regulator must keep a register containing information about electrical licences.

(2)The register must be kept in the form the regulator considers appropriate to ensure the information in the register can be efficiently recorded and accessed.

Example—

The regulator may decide to keep the register of electrical licences in electronic form.

(3)The regulator may order the information in the register of electrical licences in the way the regulator considers appropriate.

Example—

The regulator may decide to separate historical information about electrical licences from current information.

(4)Without limiting subsections (1) to (3), the register of electrical licences must include, for each electrical licence—

(a)the full name and address of the holder; and

(b)an identifying number; and

(c)when the licence was issued; and

(d)details of every renewal and reinstatement of the licence, and of any failure to renew the licence; and

(e)details of disciplinary action taken by the licensing committee against the holder; and

(f)details of anything else the regulator considers should be included in the register of electrical licences.

Example for paragraph (f)—

the conditions or restrictions on an electrical work licence

(5)If contact details recorded in the register of electrical licences for the holder of an electrical licence, including the name and address of the holder, are no longer correct, the holder must, within 14 days after the details become incorrect, give the regulator notice of the correct details.

(6)Subsection (5) does not apply to—

(a)the change of name of a corporation or partnership that is the holder of an electrical contractor licence; or

(b)the change of the membership of a partnership that is the holder of an electrical contractor licence.

(7)The regulator may publish some or all of the information included in the register in the way the regulator considers appropriate.

Example for subsection (7)—

publishing the register on the internet in the form of a database that allows consumers to obtain licensing details about electrical contractor or a person conducting a business or undertaking to check the validity of an employee’s electrical work licence

61   Examinations

(1)In deciding examinations for assessing a person’s competency, or conditions with which a person must comply under this part, the regulator may decide that the person must—

(a)undertake an examination conducted by the regulator; or

(b)satisfactorily finish a course of instruction recognised by the regulator at which the student’s performance is assessed during the course; or

(c)undertake 1 or more examinations, oral or written tests, or practical tests.

(2)The examinations and tests may be conducted by—

(a)the regulator; or

(b)an examiner approved by the regulator under section 62; or

(c)a registered training organisation.

62   Approved examiners

The regulator may approve examiners to conduct examinations or tests required by the regulator.

63   Refund of fees

(1)This section applies if either of the following applications is refused by the regulator 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 8 as the administration component of the fee paid for the application must be refunded.

64   Operation of trade contractor’s licence

(1)For a person conducting a business or undertaking that includes the performance of electrical work, the person is taken to be the holder of an electrical contractor licence to the extent that performance of the electrical work is a necessary part of, or is incidental to, the performance of work under a trade contractor’s licence.

(2)In this section—

electrical work does not include electrical installation work.

trade contractor’s licence means a trade contractor’s licence under the Queensland Building and Construction Commission Regulation 2018.

65   Advertising by licensed electrical contractor

The holder of an electrical contractor licence who publishes an advertisement about the holder’s business must ensure the advertisement—

(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

(b)states that the holder is licensed under the Act and the identifying number of the holder’s electrical contractor licence.

Maximum penalty—40 penalty units.

66   Performing electrical work without electrical licence

For section 55(3)(d) of the Act, the following testing is authorised—

(a)the testing of electrical equipment by a competent person, if the testing is required under part 6, division 6 or section 194;

(b)the testing of the works of an electricity entity by a competent person;

Example for paragraph (b)—

a competent person testing protection relay operation that is part of the works of an electricity entity

(c)the testing of electrical equipment by a person, other than testing mentioned in paragraph (a) or (b), if the testing does not interfere with the integrity of the electrical equipment.

Examples for paragraph (c)—

•a person testing a safety switch in a domestic electrical installation by operating a test button on the safety switch

•a person using an appropriate voltmeter to measure voltage

67   Details to be included in register of workers

The following details are prescribed for schedule 2 of the Act, definition prescribed details for the holder of an electrical work licence engaged to perform or supervise electrical work—

(a)the holder’s name;

(b)each of the following details about the holder’s electrical work licence—

(i)the number of the licence or, if it is an external licence, the number, code or another way of identifying the licence;

(ii)the class of the licence;

(iii)if the licence is a restricted electrical work licence—the type of electrical work stated on the licence;

(iv)the conditions or restrictions included in the licence;

(v)the day the licence expires;

(vi)if the licence is an external licence—the jurisdiction in which the external licence was issued.

Part 5    Overhead and underground electric lines

68   Duty of person conducting a business or undertaking

(1)A person conducting a business or undertaking at a workplace must ensure, so far as is reasonably practicable, that no person, plant or thing at the workplace comes within an unsafe distance of an overhead or underground electric line.

Maximum penalty—60 penalty units.

(2)If it is not reasonably practicable to ensure the safe distance of a person, plant or thing from an overhead or underground electric line, the person conducting the business or undertaking at the workplace must ensure that—

(a)a risk assessment is conducted for the proposed work; and

(b)control measures implemented are consistent with—

(i)the risk assessment; and

(ii)if an electricity entity is responsible for the electric line—any requirements of the entity.

Maximum penalty—60 penalty units.

69   Meaning of unsafe distance for persons, operating plant and vehicles for overhead electric lines

(1)A person comes within an unsafe distance of an overhead electric line if the person is within the exclusion zone for the person for the line.

(2)Any operating plant, or a vehicle, comes within an unsafe distance of an overhead electric line if the operating plant or vehicle is within the exclusion zone for the operating plant or vehicle for the line.

(3)For applying this section—

(a)a person includes any article of clothing worn by the person, and any conductive object the person is handling; and

(b)operating plant includes anything the operating plant is handling, other than—

(i)a person; or

(ii)a hand held object the person is handling; and

(c)a vehicle includes anything the vehicle is carrying or otherwise handling.

(4)Despite subsection (3), the person, operating plant or vehicle does not include an object, including, 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 insulated; and

(b)the object has been tested and found to be safe for use on and near the electric line.

(5)In this section—

exclusion zone, for a person, operating plant or vehicle for an overhead electric line, means the distance from the line stated for the person, plant or vehicle in schedule 2.

Part 6    Electrical installations

Division 1 Performing electrical work

70   Licensed electrical worker to comply with wiring rules

A licensed electrical worker who performs electrical work on an electrical installation must ensure the electrical installation, to the extent it is affected by the electrical work, complies with the wiring rules.

Maximum penalty—40 penalty units.

71   Person conducting a business or undertaking to ensure electrical installation complies

(1)A person conducting a business or undertaking that performs electrical work on an electrical installation must ensure the electrical installation, to the extent it is affected by the electrical work, complies with—

(a)if the electrical installation is to be used for construction work—the wiring rules and AS/NZS 3012 (Electrical installations—Construction and demolition sites); or

(b)if the electrical installation is not to be used for construction work—the wiring rules.

Maximum penalty—40 penalty units.

Note—

See section 22(3) of the Actfor when a person conducting a business or undertaking is also a worker.

(2)In this section—

construction work see the WHS Regulation, section 289.

72   [Repealed]

73   Work involving electric motor forming part of vehicle

(1)A person must not perform work on an electric motor forming part of a vehicle unless—

(a)the person is a licensed electrical worker; and

(b)the work performed is work that the person would be authorised to perform on the electric motor under the person’s electrical work licence if the electric motor were electrical equipment.

Maximum penalty—40 penalty units.

(2)If a business or undertaking includes the performance of work on an electric motor, a person conducting the business or undertaking must ensure that, in the conduct of the business or undertaking, a person does not perform work in contravention of subsection (1).

Maximum penalty—40 penalty units.

(3)In this section—

electric motor means an electric motor that is electrical equipment within the meaning of section 14(1) of the Act, but is not electrical equipment under the Act because of the operation of section 14(2) of the Act.

vehicle does not include a car or motorbike under the Transport Operations (Road Use Management) Act 1995.

work, on an electric motor, means work on the electric motor that would be electrical work if the electric motor were electrical equipment.

73A   [Repealed]

Division 2 Defects and earthing

74   Requirement on person in control to fix defect

If an inspector or electricity entity gives written notice to the person in control of electrical equipment of any defect affecting the electrical safety of the electrical equipment, whether or not a serious defect, the person in control must take all reasonable steps to ensure the defect is fixed.

Maximum penalty—40 penalty units.

75   Earthing

(1)This section applies if a low voltage electrical installation receives electricity distributed by an electricity entity.

(2)The person in control of the low voltage electrical installation must not knowingly allow the earthing for the installation to be inconsistent with the requirements for systems of earthing applying to the electricity entity under section 196.

Maximum penalty for subsection (2)—40 penalty units.

Division 3 Electric lines

76   Service line

(1)This section applies if an electrical installation receives electricity distributed by an electricity entity.

(2)The person in control of the electrical installation must maintain any facilities for—

(a)attaching an overhead service line to supply electricity to the electrical installation; or

(b)the entrance, support, protection and termination of an underground service line to supply electricity to the electrical installation.

Maximum penalty—40 penalty units.

Examples of facilities—

•a service riser bracket

•timber backing for a closed eye bolt

(3)However, subsection (2) does not require the person in control of the electrical installation to maintain the insulation of any clamp or apparatus supplied by the person in control for the purposes of any joint needed for consumer terminals.

(4)The electricity entity must, at periodic reasonable intervals, inspect and maintain the insulation of the clamp or apparatus mentioned in subsection (3).

Maximum penalty for subsection (4)—40 penalty units.

77   Structure supporting electric line or equipment to comply with wiring rules

(1)The person in control of an electrical installation must ensure that any structure supporting an electric line or item of electrical equipment forming part of the electrical installation complies with the requirements of—

(a)the wiring rules; and

(b)any direction the regulator gives for ensuring electrical safety.

Maximum penalty—40 penalty units.

(2)If there is any inconsistency between the wiring rules and a direction of the regulator, the direction prevails to the extent of the inconsistency.

78   Duty to preserve insulation of electric line

The person in control of an electrical installation must maintain, to a reasonable extent, the integrity of the insulation of any electric line, or connection to an electric line, that is part of the electrical installation—

(a)if it is an overhead electric line—near the point of attachment of the electric line to any structure; and

(b)whether or not it is an overhead electric line—near roofs or structures where it is likely that a person, including, for example, a painter or plumber, could come into contact with the insulated wires or connectors of the line.

Maximum penalty—40 penalty units.

79   Trimming of trees near overhead electric line

(1)The person in control of an overhead electric line must ensure that trees and other vegetation are trimmed, and other measures taken, to prevent contact with the line that is likely to cause injury from electric shock to any person or damage to property.

Maximum penalty—40 penalty units.

(2)In this section—

overhead electric line does not include an overhead electric line owned by an electricity entity.

80   Duty to ensure safety of disconnected overhead electric line

(1)The person in control of an overhead electric line must take all reasonable steps to ensure that, if the line is disconnected from its electricity supply, the line is—

(a)dismantled as soon as practicable after disconnection; or

(b)maintained so it is electrically and mechanically safe.

Maximum penalty—40 penalty units.

(2)In this section—

overhead electric line does not include an overhead electric line owned by an electricity entity.

Division 4 Installation of approved safety switches in domestic residences

81   Definitions for division

In this division—

chief executive (land) means the chief executive of the department in which the Land Act 1994 is administered.

date of possession, for residential land, means the date the transferee of the land enters into lawful possession of the land.

domestic residence means a building or structure, or a part of a building or structure, that—

(a)is used, or designed to be used, as a single dwelling; and

Examples for paragraph (a)—

a house, flat or unit

(b)is not used, or designed to be used, for temporary accommodation.

Examples of temporary accommodation for paragraph (b)—

a boarding house or motel

general purpose socket-outlet means a low voltage socket-outlet that—

(a)has a rating of 10A; and

(b)is designed to fit a three-pin flat-pin plug that complies with the relevant standard under part 7 for the type of plug; and

(c)is used, or intended to be used, or could at some time reasonably be expected to be used, for more than 1 appliance.

residential land means land on which a domestic residence is constructed, and includes an interest in residential land.

transfer date, for residential land, means the date the transferee of the land is entitled to lawful possession of the land.

transferee, of residential land, means the person who, on becoming entitled to possession of the land, may lodge an application for registration—

(a)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(b)under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land.

transferor, of residential land, means—

(a)if, immediately before the transfer date for the residential land, a mortgagee in possession under the Property Law Act 1974 is in lawful possession of the land—the mortgagee in possession; or

(b)otherwise—the person registered, immediately before the transfer date for the land—

(i)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(ii)under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land.

82   Notice to transferee about approved safety switch

(1)The transferor of residential land must, on or before the date of possession for the land, give the transferee of the land written notice of whether an approved safety switch has been installed for the general purpose socket-outlets installed in the domestic residence on the land.

Maximum penalty—15 penalty units.

(2)The transferor must not state anything in the notice that the transferor knows is false or misleading in a material particular.

Maximum penalty—15 penalty units.

83   Notice to regulator about approved safety switch and other matters

(1)The transferor of residential land must, within 90 days after the date of possession for the land, give the regulator a written notice stating all of the following information (transfer and safety switch information)—

(a)the full names of the transferor and transferee;

(b)the addresses of the transferor and transferee immediately after the date of possession for the land;

(c)the property details of the land;

(d)the current use of the land;

(e)if there is an agreement for the transfer of the land—the date of the agreement;

(f)the date of possession for the land;

(g)whether an approved safety switch has been installed for the general purpose socket-outlets installed in the domestic residence on the land;

(h)whether the transferor has given the transferee written notice of whether an approved safety switch has been installed for the general purpose socket-outlets installed in the domestic residence on the land.

Maximum penalty—15 penalty units.

(2)However, the transferor is not required to comply with subsection (1) if a properly completed combined form, together with an application for registration is given to—

(a)for an application for registration under the Land Act 1994—the chief executive (land); or

(b)for an application for registration under the Land Title Act 1994—the registrar.

(3)If a combined form is given under subsection (2), the regulator may use only the transfer and safety switch information stated on the form.

(4)In this section—

combined form means a form that—

(a)gives transfer and safety switch information and information about a change of ownership required under other Acts; and

(b)may be given to the chief executive (land) or the registrar.

registrar see the Land Title Act 1994, schedule 2.

84   Installation of approved safety switch in domestic residences

(1)An owner of residential land must ensure, within 90 days after the date of possession, that an approved safety switch is installed for any general purpose socket-outlet installed in the domestic residence on the land.

Maximum penalty—15 penalty units.

(2)In this section—

owner, of residential land, means the person registered or entitled to be registered, immediately after the transfer date for the land—

(a)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(b)under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land.

85   Installation of approved safety switch if residential tenancy agreement entered into

(1)This section applies if—

(a)after the date of possession for residential land, a residential tenancy agreement for the residential land is entered into; and

(b)the tenancy starts under the residential tenancy agreement; and

(c)a general purpose socket-outlet is installed in the domestic residence on the residential land; and

(d)an approved safety switch is not installed for the general purpose socket-outlet.

(2)The owner of the land must ensure, within 90 days after the date the tenancy starts under the residential tenancy agreement, that an approved safety switch is installed for any general purpose socket-outlet installed in the domestic residence on the land.

Maximum penalty—15 penalty units.

(3)In this section—

owner, of residential land, means the person registered or entitled to be registered, immediately after the transfer date for the land—

(a)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(b)under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land.

residential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.

86   Performing electrical installation work for domestic residences

A licensed electrical worker or a licensed electrical contractor must not perform electrical installation work on an electrical installation installed in a domestic residence unless—

(a)an approved safety switch has been installed for the general purpose socket-outlets installed in the residence; or

(b)if an approved safety switch has not been installed for the general purpose socket-outlets installed in the residence—

(i)the work is or includes the installation of an approved safety switch for the general purpose socket-outlets installed in the residence; or

(ii)the worker or contractor reasonably believes installation of an approved safety switch for the general purpose socket-outlets installed in the residence is not required under this regulation; or

(iii)the work is the connection of the residence to a source of electricity; or

(iv)the work is needed to be performed without delay in an emergency, to prevent an emergency from happening or for safety reasons.

Maximum penalty—40 penalty units.

Division 5 Installation of ceiling insulation

Subdivision 1 All ceiling insulation

87   Application of subdivision

(1)This subdivision, other than section 88(2), applies to a person conducting a business or undertaking if the business or undertaking includes the installation of ceiling insulation.

(2)Section 88(2) applies to a worker who does work that includes the installation of ceiling insulation.

88   Metal or other conductive fasteners not to be used to install ceiling insulation

(1)A person conducting a business or undertaking must ensure that ceiling insulation is not fastened to the ceiling structure of a building with metal or any other form of conductive fastener.

Note—

ES Act—section 30 (see section 8)

(2)A worker must not fasten ceiling insulation to the ceiling structure of a building with metal or any other form of conductive fastener.

Note—

ES Act—section 39 (see section 8)

89   Installation must comply with wiring rules, cl 4.5.2.3

A person conducting a business or undertaking must ensure that ceiling insulation is installed in a building in a way that complies with the wiring rules, clause 4.5.2.3, as in force from time to time.

Notes—

1The wiring rules, clause 4.5.2.3 deals with recessed luminaires and their auxiliary equipment.

2At the commencement of this section the wiring rules, clause 4.5.2.3 is available on the department’s website.

3ES Act—section 30 (see section 8)

90   Training for assessment of electrical risk

(ii)be electrically safe; and

(b)the responsible supplier keeps a compliance folder for that type of equipment.

Details of the type of level 2 in-scope electrical equipment to which this declaration relates—

(insert details).

Part 3    Responsible supplier’s level 3 in-scope electrical equipment declaration

Information to be included in declaration

That—

(a)each item of the type of level 3 in-scope electrical equipment mentioned below when sold by the responsible supplier will—

(i)meet the relevant standard for the type as at the time the type was registered in the national register; and

(ii)be electrically safe; and

(b)the responsible supplier keeps a certificate of conformity for that type of equipment.

Details of the type of level 3 in-scope electrical equipment to which this declaration relates—

(insert details).

Schedule 4 Clearance of overhead electric lines (other than low voltage service lines)

sections 207(1)(a) and 208(1)(a)

Part 1    Low voltage conductor clearance—from ground

Vertical clearance from roads
1  The minimum vertical clearance from roads must be, in all positions and whether or not insulated	5.5m
Vertical clearance from other than roads
2(1)  The minimum vertical clearance from other than roads must be, whether or not insulated	5.5m
(2)  This item does not apply if item 3 or 4 applies.
Vertical clearance over nontrafficable land
3  The minimum vertical clearance over land that, because of the steepness or swampiness of its terrain, can not be crossed by traffic or mobile machinery, must be, whether or not insulated	4.5m
Horizontal clearance from road cuttings and embankments
4  The minimum horizontal clearance, whether or not insulated, in accordance with note 2, from road cuttings, embankments and similar features must be, whether or not insulated	1.5m

Part 2    Low voltage conductor clearance—from structures

Clearance from unroofed terraces, balconies and sun decks
1  The minimum clearance, in accordance with note 2, for unroofed terraces, balconies, sun decks, paved areas and similar areas that are subject to pedestrian traffic only, that have a surrounding hand rail or wall and on which a person is likely to stand must be—
(a)  vertically—
(i)  insulated	2.7m
(ii)  uninsulated	3.7m
(b)  horizontally—
(i)  insulated	1.2m
(ii)  uninsulated	1.5m
Clearance from roofs or similar structures not used for traffic
2  The minimum clearance vertically and horizontally, in accordance with note 2, for roofs or similar structures not used for traffic or resort but on which a person is likely to stand, and for parapets surrounding roofs or similar structures not used for traffic or resort but on which a person is likely to stand, must be—
(a)  vertically—
(i)  insulated	2.7m
(ii)  uninsulated	3.7m
(b)  horizontally—
(i)  insulated	0.9m
(ii)  uninsulated	1.5m
Clearance from covered places of traffic
3  The minimum clearance in any direction from covered places of traffic or resort, including, for example, windows capable of being opened, roofed open verandahs and covered balconies, must be—
(a)  insulated	1.2m
(b)  uninsulated	1.5m
Horizontal clearance from blank walls or windows
4  The minimum clearance horizontally from blank walls or windows that can not be opened must be—
(a)  insulated	0.6m
(b)  uninsulated	1.5m
Clearance from structures not normally accessible to persons
5  The minimum clearance from other structures not normally accessible to persons must be, in accordance with note 2—
(a)  vertically—
(i)  insulated	0.6m
(ii)  uninsulated	2.7m
(b)  horizontally—
(i)  insulated	0.3m
(ii)  uninsulated	1.5m

Part 3    High voltage conductor clearance—from ground

Vertical clearance from roads
1  The minimum vertical clearance from roads must be—
(a)  crossing the carriageway—
(i)  more than 1,000V but not more than 132kV	6.7m
(ii)  more than 132kV but not more than 275kV	7.5m
(iii)  more than 275kV but not more than 330kV	8.0m
(iv)  more than 330kV but not more than 500kV	9.0m
(b)  at other places—
(i)  more than 1,000V but not more than 33kV	5.5m
(ii)  more than 33kV but not more than 132kV	6.7m
(iii)  more than 132kV but not more than 275kV	7.5m
(iv)  more than 275kV but not more than 330kV	8.0m
(v)  more than 330kV but not more than 500kV	9.0m
Vertical clearance from other than roads
2(1)  The minimum vertical clearance from other than roads must be—
(a)  more than 1,000V but not more than 33kV	5.5m
(b)  more than 33kV but not more than 132kV	6.7m
(c)  more than 132kV but not more than 275kV	7.5m
(c)  more than 275kV but not more than 330kV	8.0m
(e)  more than 330kV but not more than 500kV	9.0m
(2)  This item does not apply if item 3 or 4 applies.
Vertical clearance over nontrafficable land
3  The minimum vertical clearance over land that, because of the steepness or swampiness of its terrain, can not be crossed by traffic or mobile machinery must be—
(a)  more than 1,000V but not more than 33kV	4.5m
(b)  more than 33kV but not more than 132kV	5.5m
(c)  more than 132kV but not more than 275kV	6.0m
(d)  more than 275kV but not more than 330kV	6.7m
(e)  more than 330kV but not more than 500kV	7.5m
Horizontal clearance from road cuttings and embankments etc.
4  The minimum horizontal clearance, in accordance with note 2, from road cuttings, embankments and other similar places must be—
(a)  more than 1,000V but not more than 33kV	2.1m
(b)  more than 33kV but not more than 132kV	4.6m
(c)  more than 132kV but not more than 275kV	5.5m
(d)  more than 275kV but not more than 330kV	6.0m
(e)  more than 330kV but not more than 500kV	7.0m

Part 4    High voltage conductor clearance—from structures

Clearance from unroofed terraces, balconies and sun decks
1  The minimum clearance, in accordance with note 2, for unroofed terraces, balconies, sun decks, paved areas and similar areas that are subject to pedestrian traffic only, that have a surrounding hand rail or wall and on which a person is likely to stand, must be—
(a)  vertically—
(i)  more than 1,000V but not more than 33kV	4.6m
(ii)  more than 33kV but not more than 132kV	5.5m
(iii)  more than 132kV but not more than 275kV	6.5m
(iv)  more than 275kV but not more than 330kV	7.0m
(v)  more than 330kV but not more than 500kV	8.0m
(b)  horizontally—
(i)  more than 1,000V but not more than 33kV	2.1m
(ii)  more than 33kV but not more than 132kV	4.6m
(iii)  more than 132kV but not more than 330kV	5.5m
(iv)  more than 330kV but not more than 500kV	6.0m
Clearance from roofs or similar structures not used for traffic
2  The minimum clearance vertically and horizontally, in accordance with note 2, for roofs or similar structures not used for traffic or resort but on which a person is likely to stand, and for parapets surrounding roofs or similar structures not used for traffic or resort but on which a person is likely to stand, must be—
(a)  vertically—
(i)  more than 1,000V but not more than 33kV	3.7m
(ii)  more than 33kV but not more than 132kV	4.6m
(iii)  more than 132kV but not more than 275kV	6.0m
(iv)  more than 275kV but not more than 330kV	6.5m
(v)  more than 330kV but not more than 500kV	7.5m
(b)  horizontally—
(i)  more than 1,000V but not more than 33kV	2.1m
(ii)  more than 33kV but not more than 132kV	4.6m
(iii)  more than 132kV but not more than 330kV	5.5m
(iv)  more than 330kV but not more than 500kV	6.0m
Clearance from covered places of traffic
3  The minimum clearance in any direction from covered places of traffic or resort such as windows capable of being opened, roofed open verandahs and covered balconies must be—
(a)  more than 1,000V but not more than 33kV	2.1m
(b)  more than 33kV but not more than 132kV	4.6m
(c)  more than 132kV but not more than 330kV	5.5m
(d)  more than 330kV but not more than 500kV	6.0m
Horizontal clearance from blank walls or windows
4  The minimum clearance horizontally from blank walls or windows that can not be opened must be—
(a)  more than 1,000V but not more than 33kV	1.5m
(b)  more than 33kV but not more than 66kV	3.0m
(c)  more than 66kV but not more than 132kV	4.6m
(d)  more than 132kV but not more than 330kV	5.5m
(e)  more than 330kV but not more than 500kV	6.0m
Clearance from structures not normally accessible to persons
5  The minimum clearance from other structures not normally accessible to persons must be, in accordance with note 2—
(a)  vertically—
(i)  more than 1,000V but not more than 66kV	3.0m
(ii)  more than 66kV but not more than 132kV	4.6m
(iii)  more than 132kV but not more than 330kV	5.5m
(iv)  more than 330kV but not more than 500kV	6.0m
(b)  horizontally—
(i)  more than 1,000V but not more than 33kV	1.5m
(ii)  more than 33kV but not more than 66kV	3.0m
(iii)  more than 66kV but not more than 132kV	4.6m
(iv)  more than 132kV but not more than 330kV	5.5m
(v)  more than 330kV but not more than 500kV	6.0m

Note 1—

For this schedule, a conductor is taken to be insulated if it is insulated in accordance with AS/NZS 5000.1 (Electric cables—Polymeric insulated—For working voltages up to and including 0.6/1 (1.2) kV) or AS/NZS 3560.1 (Electric cables—Cross-linked polyethylene insulated—Aerial bundled—For working voltages up to and including 0.6/1(1.2)kV). Otherwise, it is taken to be uninsulated.

Note 2—

Either the vertical clearance or the horizontal clearance stated must be maintained. Also, in the zone outside the vertical alignment of the building, road cutting, embankments and similar places, either the horizontal clearance from the vertical alignment or the vertical clearance from the horizontal level on which a person is likely to stand must be maintained.

Schedule 5 Clearance of low voltage overhead service lines

sections 207(1)(b) and 208(1)(b)

Part 1    Clearance from ground

Vertical clearance from roads
1  The minimum vertical clearance from roads must be—
(a)  at centre line of the carriageway	5.5m
(b)  at kerb line	4.9m
(c)  at fence alignment	3.7m
Vertical clearance from other than roads
2  The minimum vertical clearance from other than roads must be—
(a)  private driveways and areas including elevated areas used by vehicles	4.5m
(b)  areas not normally used by vehicles	2.7m
Horizontal clearance from road cuttings and embankments
3  The minimum horizontal clearance from road cuttings, embankments and other similar places	1.5m

Part 2    Clearance from structures

Clearance from unroofed terraces, balconies and sun decks
1  The minimum clearance, in accordance with note 1, for unroofed terraces, balconies, sun decks, paved areas and similar areas that are subject to pedestrian traffic only, that have a hand rail or wall surrounding the area and on which a person is likely to stand (see note 2) must be—
(a)  vertically above	2.4m
(b)  vertically below	1.2m
(c)  horizontally	0.9m
Clearance from roofs or similar structures not used for traffic
2  The minimum clearance, in accordance with note 1, for roofs or similar structures not used for traffic or resort but on which a person is likely to stand, and for parapets surrounding roofs or similar structures not used for traffic or resort but on which a person is likely to stand (see note 2), must be—
(a)  vertically	0.5m
(b)  horizontally	0.2m
Clearance from covered places of traffic
3  The minimum clearance in any direction from covered places of traffic or resort, including, for example, windows capable of being opened, roofed open verandahs and covered balconies, must be	1.2m
Horizontal clearance from blank walls or windows
4  The minimum clearance horizontally from blank walls or windows that can not be opened (see note 2) must be	0.2m
Clearance from structures not normally accessible to persons
5  The minimum clearance in any direction from other structures not normally accessible to persons must be, in accordance with note 2	1.2m

Note 1—

Either the vertical clearance or the horizontal clearance stated must be maintained. Also, in the zone outside the vertical alignment of the building or structure, either the horizontal clearance from the vertical alignment or the vertical clearance above the horizontal level on which a person is likely to stand must be maintained.

Note 2—

The clearance stated applies for the service line not attached to the part of the building described.

Note 3—

The clearance stated does not apply to the part of a low voltage overhead service line not under tension.

Schedule 6 Prescribed electricity entities

section 233

Part 1    Original prescribed electricity entities

•Airtrain Citylink Limited ACN 066 543 315

•Aurizon Network Pty Ltd ACN 132 181 116

•Energex Limited (ABN 40 078 849 055)

•Ergon Energy Corporation Limited (ABN 50 087 646 062)

•Essential Energy (ABN 37 428 185 226)

•Powerlink Queensland (ABN 82 078 849 233)

•Queensland Rail Limited ACN 132 181 090

•RTA Weipa Pty Ltd (ABN 54 137 266 285)

•the Authority under the Queensland Rail Transit Authority Act 2013

Part 2    Later prescribed electricity entities

Division 1 General

Note—

No electricity entities have been prescribed for this division.

Division 2 Railway managers or light rail managers

•GoldlinQ Pty Ltd ACN 147 815 441

Schedule 7 Prescribed workplaces

section 277

Column 1	Column 2
1491	Prefabricated wooden building manufacturing
2222	Prefabricated metal building manufacturing
2311	Motor vehicle manufacturing
2312	Motor vehicle body and trailer manufacturing
2313	Automotive electrical component manufacturing
2319	Other motor vehicle parts manufacturing
2391	Shipbuilding and repair services
2392	Boatbuilding and repair services
2393	Railway rolling stock manufacturing and repair services
2394	Aircraft manufacturing and repair services
2399	Other transport equipment manufacturing N.E.C.
2412	Medical and surgical equipment manufacturing
2419	Other professional and scientific equipment manufacturing
2421	Computer and electronic office equipment manufacturing
2422	Communication equipment manufacturing
2429	Other electronic equipment manufacturing
2431	Electric cable and wire manufacturing
2432	Electric lighting equipment manufacturing
2439	Other electrical equipment manufacturing
2441	Whiteware appliance manufacturing
2449	Other domestic appliance manufacturing
2451	Pump and compressor manufacturing
2452	Fixed space heating, cooling and ventilation equipment manufacturing
2462	Mining and construction machinery manufacturing
2463	Machine tool and parts manufacturing
2469	Other specialised machinery and equipment manufacturing
2491	Lifting and material handling equipment manufacturing
6910	Scientific research services
9421	Domestic appliance repair and maintenance

Schedule 8 Fees

sections 63, 236, 256 and 285

Fee units
Electrical work licence
1	Application for issue of electrical work licence (s 56(1))	85.75
2	Application for renewal of electrical work licence (s 56(1))	85.75
3	Application for reinstatement of electrical work licence (s 56(1))	85.75
4	Administration component of fee paid for an application under item 1, 2 or 3 (s 63(2))	43.05
Note— See section 63 in relation to the refund of the administration component.
Electrical contractor licence
5	Application for issue of electrical contractor licence (s 56(1))	409.80
6	Application for renewal of electrical contractor licence (s 56(1))	409.80
7	Application for reinstatement of electrical contractor licence (s 56(1))	409.80
8	Administration component of fee paid for an application under item 5, 6 or 7  (s 63(2))	325.20
Note— See section 63 in relation to the refund of the administration component.
In-scope electrical equipment
9	Registration as responsible supplier of in-scope electrical equipment (s 128(3)(b))	211.60
10	Registration of a type of level 2 in-scope electrical equipment (s 132(4)(c)) or level 3 in-scope electrical equipment (s 135(4)(c))—
(a)  for 1 year	79.30
(b)  for 2 years	158.60
(c)  for 5 years	396.50
11	Application for certificate of conformity for a type of level 3 in-scope electrical equipment (s 154(2)(c))	584.70
12	Application for modification of certificate of conformity for a type of level 3 in-scope electrical equipment—
(a)  to vary the brand name or model designation (s 157(3)(b))	175.80
(b)  relating to a modification to the equipment, other than a modification described in section 157, that would not result in the creation of a new type of equipment (s 158(3)(c))	442.50
13	Application for renewal of certificate of conformity for a type of level 3 in-scope electrical equipment and the issue of a new certificate (s 159(2)(c))	584.70
14	Application for amendment of certificate of conformity to refer to transferee (s 160(2)(b)(iii))	88.45
15	Application for declaration of scheme as recognised external certification scheme (s 167(2)(b)(i))	4,555.00
16	Annual fee for declaration of scheme as recognised external certification scheme (s 172(a))	2,601.00
Accredited auditors
17	Application for appointment as accredited auditor (s 235(1)(b))—
(a)  for an officer of the department	nil
(b)  for a person other than an officer of the department	429.30
18	Application for renewal of appointment as accredited auditor (s 235(2)(b))—
(a)  for an officer of the department	nil
(b)  for a person other than an officer of the department	253.70
19	Administration component of fee paid for an application under item 17 or 18 (s 236(2))—
(a)  for an officer of the department	nil
(b)  for a person other than an officer of the department	253.70
Note— See section 236 in relation to the refund of the administration component.
Cathodic protection system
20	Application for registration of cathodic protection system that is a registrable system (s 255(1)(b))	338.00
21	Administration component of fee paid for an application under item 20 (s 256(2))	50.00
Note— See section 256 in relation to the refund of the administration component.

Schedule 8A Prescribed Acts—Act, section 193

section 285A

Building Act 1975

Coal Mining Safety and Health Act 1999

Coroners Act 2003

Electricity Act 1994

Fair Trading Act 1989

Fire Services Act 1990

Further Education and Training Act 2014

Labour Hire Licensing Act 2017

Mining and Quarrying Safety and Health Act 1999

Petroleum and Gas (Production and Safety) Act 2004

Police Powers and Responsibilities Act 2000

Queensland Building and Construction Commission Act 1991

Queensland Civil and Administrative Tribunal Act 2009

Safety in Recreational Water Activities Act 2011

Workers’ Compensation and Rehabilitation Act 2003

Work Health and Safety Act 2011

Schedule 9 Dictionary

section 5

accredited auditor means a person holding an appointment as an accredited auditor under part 10, division 3 of the Act.

active conductor means—

(a)in a system that has a neutral or earthed conductor—a conductor of electricity kept at a difference of potential from the neutral or earthed conductor; or

(b)in a system that does not have a neutral or earthed conductor—all conductors.

amusement device, for part 6, division 6, see section 97.

amusement ride, for part 6, division 6, see section 97.

amusement work, for part 6, division 6, see section 97.

anode, in relation to a cathodic protection system, means a part of the system that is an electrical conductor placed in contact with ground or water.

another safe system, for schedule 2, see schedule 2, section 1.

approved safety switch means a residual current device that—

(a)has a Queensland or external approval; and

(b)has a rated residual current of not more than 30mA.

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)an entity approved by the regulator or the equipment safety rules to perform the relevant test or examination; or

(d)a body approved to perform the relevant test or examination under a corresponding law.

AS/NZS means a joint Standards Australia and Standards New Zealand standard.

authorised person, for an electric line, for schedule 2, see schedule 2, section 1.

building, for part 6, division 7, see section 120A.

Building Code of Australia, for part 6, division 7, see section 120A.

cathodically protected structure, for part 13, see section 238.

cathodic protection standard, for part 13, see section 238.

certificate of conformity, for part 7, see section 122.

certificate of suitability, for part 7, see section 122.

chief executive (land), for part 6, division 4, see section 81.

competent person, in relation to a task, means a person who has acquired, through training, qualifications, experience or a combination of these, the knowledge and skill to carry out the task.

Note—

Electrical work may only be performed by a person if the person—

(a)is the holder of an appropriate electrical licence authorising the work; or

(b)is otherwise authorised to perform the work under the Act.

conductive object means a tool or other object readily able to conduct electricity.

construction work, for part 6, division 6, see section 97.

consumer mains, of a consumer, means the conductors between the consumer’s consumer terminals and the consumer’s main switchboard.

consumer terminals, of a consumer, means the point where the consumer’s electrical installation is connected to the works of an electricity entity.

control measure, for an electrical risk, means a measure to eliminate or minimise the risk.

cord extension set, for part 6, division 6, see section 97.

date of possession, for part 6, division 4, see section 81.

date of registration, for registration of a responsible supplier of in-scope electrical equipment or of equipment as a type of level 2 or 3 in-scope electrical equipment, for part 7, see section 122.

declaration holder, for part 7, division 8, see section 166.

declared scheme, for part 7, division 8, see section 166.

defining standard, for part 7, see section 122.

distribution entity, for a serious electrical incident or dangerous electrical event, for part 14, see section 264.

domestic residence see section 81.

earthed means connected to the general mass of the earth.

electrical equipment, for part 6, division 6, see section 98.

electrical installation, for part 6, division 6, see section 98.

electrically conductive ceiling insulation, for part 6, division 5, subdivision 2, see section 92.

electrical portable outlet device has the meaning given by AS/NZS 3105 (Approval and test specification—Electrical portable outlet devices).

electrical work, for part 3, division 1, see section 12.

enter, for part 6, division 7, see section 120A.

equivalent non-Queensland training organisation means a training organisation outside Queensland that is equivalent to a registered training organisation.

exclusion zone see section 69(5).

external contracting authority means a licence or other authority under a law of another State that authorises the holder to contract for the performance of electrical work in the other State.

false declaration, for part 7, see section 122.

false information, for part 7, see section 122.

family, of a type of level 1, 2 or 3 in-scope electrical equipment, for part 7, see section 122.

fixed fee means a fee fixed by the regulator under section 209 of the Act.

foreign structure, for a cathodic protection system, for part 13, see section 238.

foreign structure owner, for a cathodic protection system, for part 13, see section 238.

general purpose socket-outlet, for part 6, division 4, see section 81.

hazardous area has the meaning given by the wiring rules.

high voltage live line work means electrical work on the following electrical equipment in circumstances in which the part of the electrical equipment the subject of the electrical work is energised—

(a)exposed live high voltage conductors;

(b)exposed live parts of high voltage electrical equipment.

impressed current cathodic protection system, for part 13, see section 238.

incident record, for part 14, see section 267(2)(b).

instructed person, for an electric line, for schedule 2, see schedule 2, section 1.

insulated cable means an insulated aerial cable complying with—

(a)AS/NZS 5000.1 (Electric cables—Polymeric insulated—For working voltages up to and including 0.6/1 (1.2) kV); or

(b)AS/NZS 3560.1 (Electric cables—Cross-linked polyethylene insulated—Aerial bundled—For working voltages up to and including 0.6/1(1.2)kV).

kerb line, of a road, means—

(a)if there is a formed footpath—the line where the formed footpath meets the carriageway; or

(b)if there is no formed footpath but a formed footpath is proposed—the line where the proposed formed footpath can reasonably be expected to meet the carriageway; or

(c)if there is no formed footpath and no formed footpath is proposed—

(i)if widening of the existing carriageway is proposed—the line of the edge of the carriageway as proposed to be widened; or

(ii)if no widening of the existing carriageway is proposed—the line of the edge of the existing carriageway.

level 1, for in-scope electrical equipment, see section 125(1).

level 2, for in-scope electrical equipment, see section 125(2).

level 3, for in-scope electrical equipment, see section 125(3).

manufacturing work, for part 6, division 6, see section 97.

maximum operating current, for part 13, see section 238.

meets, for a relevant standard, for part 7, see section 122.

NATA means the National Association of Testing Authorities Australia ABN 59 004 379 748.

near, for part 3, division 1, see section 12.

neutral screened cable means a cable complying with AS/NZS 4961 (Electric cables—Polymeric insulated—For distribution and service applications).

new, in relation to electrical equipment, means the equipment had not been introduced into service or otherwise used.

non-capable circuit, for part 6, division 5, subdivision 2, see section 92.

non-profit organisation, for part 6, division 6, see section 97.

operating plant means plant being operated for its intended purpose, unless the operation of the plant can not materially affect the distance between the plant and any overhead electric line for which there is an exclusion zone under part 5 and schedule 2.

Examples of operating plant—

•a tip truck tipping a load

•a fixed crane operating at a building site

•a vehicle that includes an elevated work platform used for clearing vegetation from around overhead electric lines

•a concrete pumping truck pumping concrete

•a harvester with height changeable attachments used to transfer grain to a truck

Example of plant that is not operating plant—

a furniture removal van under an overhead electric line raising or lowering the electrically or hydraulically operated platform located at the rear of the van, if neither the platform nor anything on the platform rises above the roof of the van

particular electrical equipment, for part 8, division 1, see section 188.

premises figure, for a distribution entity, for part 15, division 1, see section 273.

prescribed details, for a tag to be attached to equipment, or a written record to be made for equipment, after it is inspected and tested or reinspected and retested, for part 6, division 6, see section 97.

previous provision, for part 16, division 2, see section 287.

qualification means a VET qualification under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

qualified business person, for an applicant under section 7(6) or a licensed electrical contractor, see section 7(1).

qualified technical person, for an applicant under section 7(6) or a licensed electrical contractor, see section 7(2).

RCM, for part 7, see section 122.

reasonable interval, for 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.

register means the register of electrical licences the regulator is required to keep under section 60.

registered, for part 7, see section 123.

registered responsible supplier, for part 7, see section 122.

registered system, for part 13, see section 238.

registered training organisation ...

registrable system, for part 13, see section 238.

relevant assessing authority means a relevant assessing authority under the Migration Regulations 1994 (Cwlth).

relevant electrical installation, for part 6, division 7, see section 120A.

relevant person, for part 7, see section 122.

relevant responsible supplier, of in-scope electrical equipment, for part 7, see section 122.

relevant standard, for part 7—

(a)for a type of level 1 in-scope electrical equipment, see section 126; or

(b)for a type of level 2 or level 3 in-scope electrical equipment, see section 127.

residential land, for part 6, division 4, see section 81.

roof space, for part 6, division 7, see section 120A.

rural industry work, for part 6, division 6, see section 99.

safety observer—

(a)generally, for electrical work, means a person who—

(i)is competent—

(A)to implement control measures in an emergency; and

(B)to rescue and resuscitate a worker who is carrying out the work, if necessary; and

(ii)has been assessed in the previous 1 year as competent to rescue and resuscitate a person; or

(b)for schedule 2, for the operation of operating plant, means a person who—

(i)observes the operating plant; and

(ii)advises the operator of the operating plant if it is likely that the operating plant will come within an exclusion zone for the operating plant for an overhead electric line.

safety switch, for part 6, division 6, see section 97.

safe work method statement, for part 3, division 1, see section 12.

second-hand ...

second-hand dealer, for part 7, see section 122.

second-hand item, for part 7, see section 122.

serious defect means a defect likely to cause a fire or a person to suffer an electric shock or other personal injury.

service line means an electric line that—

(a)forms part of the works of an electricity entity; and

(b)connects consumer terminals to—

(i)other parts of the works of the electricity entity; or

(ii)the works of another electricity entity.

service work, for part 6, division 6, see section 97.

short term testing, for part 13, see section 238.

specified electrical equipment, for part 6, division 6, see section 97.

statement of attainment means a VET statement of attainment under the National Vocational Education and Training Regulator Act 2011 (Cwlth).

structure includes the following—

(a)anything attached to a structure;

(b)anything erected or standing at a place.

test report, for part 7, see section 122.

total contribution amount, for a financial year, for part 15, division 1, see section 273.

total premises figure, for part 15, division 1, see section 273.

training person means a person who is undertaking, but has not finished—

(a)an apprenticeship under the Further Education and Training Act 2014, in a calling that requires the person to perform electrical work; or

(b)a training program approved by the regulator that requires the person to perform electrical work.

training plan, for an apprentice or trainee, see the Further Education and Training Act 2014, schedule 2.

transfer date, for residential land, for part 6, division 4, see section 81.

transferee, of residential land, for part 6, division 4, see section 81.

transferor, of residential land, for part 6, division 4, see section 81.

type 1 safety switch, for part 6, division 6, see section 97.

type 2 safety switch, for part 6, division 6, see section 97.

unit contribution amount, for a financial year, for part 15, division 1, see section 273.

unsafe distance, for a person, operating plant or vehicle of an overhead electric line, see section 69.

untrained person, for an electric line, for schedule 2, see schedule 2, section 1.

vehicle, for part 5 and schedule 2, does not include—

(a)an aircraft; or

(b)a vehicle that is operating plant.

Examples for paragraph (b)—

1A tip truck tipping a load would not be a vehicle for part 5 or schedule 2. However, a tip truck travelling between sites would be a vehicle for part 5 and schedule 2.

2A vehicle that includes an elevated work platform being used for clearing vegetation would not be a vehicle for part 5 or schedule 2. However, when the platform is not being used for clearing vegetation, the vehicle would be a vehicle for part 5 and schedule 2.

WHS Regulation means the Work Health and Safety Regulation 2011.

wiring rules means AS/NZS 3000 (Electrical installations) (known as the Australian/New Zealand Wiring Rules).