Electrical Workers and Contractors Act Amendment Act 1971 (Qld)

905 ixeExtlaleir ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 73 of 1971 An Act to Amend The Electrical Workers and Contractors Acts 1962 to 1968 in certain particulars [ASSENTED TO 20TH DECEMBER, 1971 ] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Electrical Workers and Contractors Act Amendment Act 1971. (2) The Electrical Workers and Contractors Act of 1962 as heretofore amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Electrical Workers and Contractors Act 1962-1971.

906 Electrical Workers and Contractors Act- Arndt Act 1971, No. 73 2. Amendment of s. 2. Interpretation . Section 2 of the Principal Act is amended by inserting after the word " certificate " the word 669 perm m it ". 3. Amendment of s. 5 . Exemptions from Act. Section 5 of the Principal Act is amended by omitting from subsection (1) paragraphs (b), (c) and (d) and inserting in their stead the following paragraphs:- (b) any person skilled in any other trade from practising his particular trade in the installation, maintenance or repair of any electrical appliance or plant provided that he is not employed on any electrical circuit operating at a voltage exceeding thirty- two volts alternating current or one hundred and fifteen volts direct current, which is or may be connected to the source of supply; (c) any person from engaging in any work in connexion with the electrical equipment of a motor vehicle where the operating voltage does not exceed thirty-two volts alternating current or one hundred and fifteen volts direct current; (d) any person from engaging in any work in connexion with an electrical installation operating at a voltage not exceeding thirty-two volts alternating current or, one hundred and fifteen volts direct current; (e) any person from engaging in any electrical work in connexion with any private plant which is used by any agriculturalist or pastoralist on and solely for his farm or grazing property and which is not connected directly or indirectly to the supply mains of an electric authority provided that the capacity of the prime mover of such plant does not exceed one hundred horse power.". 4. Amendment of s. 6 . Meaning of terms. Section 6 of the Principal Act is amended- (a) by omitting from the definition of " Certificate " the words " interim certificate of competency or "; (b) by inserting in the definition of " Electric Authority ", after the expression " " The Southern Electric Authority of Queensland Acts, 1952 to 1958," ", the expression " the Northern Electric Authority of Queensland established, constituted and incorporated by and under The Northern Electric Authority of Queensland Acts 1963 to 1964 "; (c) by omitting the definition of " Electrical fitter " and inserting in its stead the following definition:- " " Electrical fitter "-Any person who supervises or performs any of the actual trade work, whether in a workshop or on site , of constructing, manufacturing, fitting , assembling, erecting, operating or. repairing electrical machines and apparatus; "; (d) by omitting from the definition of " Electrical jointer " the words " engages in " and inserting in their stead the word " performs "; (e) by omitting from the definition of " Electrical linesman " the words " engages in " and inserting in their stead the word " performs ";

Electrical Workers and Contractors Act Anmdt Act 1971, No. 73 907 (f) by omitting the definition of " Electrical mechanic " and inserting in its stead the following definition:- Electrical mechanic "-A person who supervises or performs the actual trade work of installing, maintaining, repairing or connecting any electric lines, machines or apparatus for the utilisation of supply;"; (g) by omitting from the definition of " Electrical worker " the words "engaged on" and inserting in their stead the words "who performs "; (h) by omitting the definitions of " Electrician " and " Interim certificate "; (i) by, in the definition of " Employer' (i) omitting the words " certified under this Act "; (ii) omitting the words " engaged in " and inserting in their stead the words " who performs "; (j) by inserting after the definition of " Minister " the following definition:- "" Permit "-Any permit issued and, in relation to any time in question, in force under this Act;". 5. Amendment of s. 7. Electrical Workers Board . Section 7 of the Principal Act is amended by- (a) inserting after subsection (1) the following subsection:- " (IA) As well as the functions, powers and duties the Board has pursuant to this Act, it shall have such other functions, powers and duties as may be prescribed."; (b) omitting subsection (5) and inserting in its stead the following subsections:- " (5) Tenure of office of members. The members of the Board, other than the chairman, shall be appointed to hold office for such period not exceeding three years as is determined by the Governor in Council and stated in the notification of their appointments published in the Industrial Gazette, but any person appointed a member of the Board shall, if qualified, be eligible for re-nomination and re-appointment. The office of any member of the Board. other than the chairman, holding office immediately before the commencement of the Electrical Workers and Contractors Act Amendment Act 1971 shall cease and determine and become vacant on a date to be specified by the Governor in Council by notification published in the Industrial Gazette. (5A) Fees and allowances to members . Each member of the Board shall receive such fees or allowances, or both, if any, as the Governor in Council may from time to time determine. Any determination under this subsection may from time to time be revoked or amended.". 6. Amendment of s. 11. Powers of inspectors . Section 11 of the Principal Act is amended by, in paragraph (vi) of subsection (1), omitting the words " or license " and inserting in their stead the words ", permit, license or installation permit "

908 Electrical Workers and Contractors Act Amdt Act 1971, No. 73 7. Amendment of s. 12. Obstructing an inspector . Section 12 of the Principal Act is amended by, in paragraph (v),- (a) omitting the words " or license " and inserting in their stead the words ", permit, license or installation permit "; (b) inserting after the words " from any such certificate," the word 66 permi t,"; (c) inserting before the words " book, notice," the words 66 installation permit,". 8. Amendment of s. 13 . Classes of certificates of competency. Section 13 of the Principal Act is amended- (a) by omitting from paragraph (a) of subsection (1) the expression 66 (v) Electrician;"; (b) by omitting paragraph (b) of subsection (1); (c) by re-lettering paragraph (c) of subsection (1) as paragraph (b) of that subsection; and (d) by omitting subsection (2) and inserting in its stead the following subsection:- " (2) Any person who makes application for any certificate of competency under this Act shall- (a) make application to the Board in the form prescribed; (b) pay the fee prescribed in respect of the application; (c) satisfy the Board that he is qualified under the provisions of this Act to be granted such certificate; (d) satisfy the Board that he intends to perform electrical work in Queensland; (e) if thereunto required by the Board- (i) produce to it a medical certificate indicating that he is physically fit to undertake the electrical work covered by the certificate of competency for which he has applied; (ii) satisfy it that he is able to read, and to write from dictation, not less than fifty words in the English language; (iii) satisfy it that he is otherwise a fit and proper person to hold the certificate for which he has applied, and if the Board is satisfied that the applicant has complied .. ith the above provisions, it shall grant the application.". 9. Repeal of s. 14. Interim certificate . Section 14 of the Principal Act is repealed. 10. New s. 15A. After section 15 of the Principal Act the following section is inserted:- " 15A. Permit . (1) The Board may grant to any person a permit to perform in whole or in part any class of electrical work that is specified in any of the definitions " Electrical fitter ", 66 Electrical jointer ", " Electrical linesman " and " Electrical mechanic ". (2) The Board may grant the permit subject to such conditions as it deems fit.

Electrical Workers and Contractors Act Amdt Act 1971, No. 73 909 (3) A permit shall not entitle the holder thereof to any certificate under this Act nor be taken into account when determining whether the holder thereof is qualified to obtain or hold any certificate under this Act. (4) A permit shall not be issued, or- renewed, for a period longer than six months. (5) The Board may at any time renew any permit. (6) Notwithstanding the preceding provisions of this section- (a) the chairman of the Board or, in his absence, the person appointed by the Minister to act as chairman of the Board; or (b) any two members of the Board other than the chairman, may grant a permit under this section for a period not exceeding one month but any permit granted under this subsection shall not be renewed except by the Board. (7) The Board upon being satisfied that the conditions to which any permit is subject have not been complied with, may cancel the permit at any time.". 11. Amendment of s. 16. Electrical work to be done by certificated persons. Section 16 of the Principal Act is amended- (a) by, in the heading of the section, inserting after the words " certificated persons " the words " or permit holders "; (b) by omitting subsection (1) and inserting in its stead the following subsection:- " (1) A person shall not connect, disconnect, interfere with or remove any fixed portion of an electrical installation or do any electrical work specified in any of the definitions under this Act " Electrical fitter ", " Electrical jointer ", " Electrical linesman " or " Electrical mechanic " unless he holds under this Act the appropriate certificate or permit. In this subsection " the appropriate certificate or permit " means a certificate or permit which is appropriate according to the one of the definitions mentioned' herein in which the electrical work in question is specified and, where such electrical work is not included within the restrictions imposed therein, includes a restricted certificate."; (c) by omitting subsection (4) and inserting in its stead the following subsection:- (4) This section does not apply to- ,(a) a probationer or apprentice working under the provisions of The Apprenticeship Act of 1964 in a trade or calling in which he is required to perform electrical work; (b) an improver; (c) a student or other person in training, under strict supervision of a member of the teaching staff at-- (i) a University in Queensland; (ii) any college, school or similar institution conducted or, approved by the Queensland Department of Education or any other Department of the Government of Queensland or of the Commonwealth; or

910 Electrical Workers and Contractors Act Arndt Act 1971, No. 73 (iii) any other training institution approved for the purposes of this subsection by the Board, where the person is called upon as part of that training to perform electrical work and the member of the teaching staff is qualified to the satisfaction of the Board for the purposes of such training and supervision.". 12. Repeal of and new s. 17. Section 17 of the Principal Act is repealed and the following section inserted in its stead:- " 17. Cancellation or suspension of certificate or permit by Board . (1) If with respect to any holder of a certificate or permit under this Part the Board considers, whether upon the complaint of any person or upon its own motion,- (a) that such holder has carried out electrical work in a negligent, unsatisfactory or incompetent manner; or (b) that such holder, having been required by the Board under subsection (7) of section 19 of this Act to correct faults or defects in electrical installation work performed by him as an electrical contractor, has failed to correct such faults or defects or has failed to correct such faults or defects in accordance with any terms or conditions specified by the Board, it may call upon such holder to show cause why his certificate or permit should not be cancelled, and after due inquiry it may, according as it deems just; (c) cancel or suspend such certificate or permit; (d) reprimand or caution such holder; or (e) impose a penalty not exceeding $20. (2) Suspension of a certificate or permit under this section shall be for such period as the Board deems fit and shall, for the period fixed by the Board, have the same effect as cancellation of the certificate or permit. (3) Cause as aforesaid may be shown in writing, but the Board shall not cancel or suspend a certificate or permit or fine any holder thereof under this section without giving such holder an opportunity to appear in person before and to be heard.by the Board.". 13. Amendment of s. 18 . Inquiry into complaints of inspection work. Section 18 of the Principal Act is amended- (a) by inserting in subsection (1), after the word " electrical ", the word " installation "; and (b) by omitting from subsection (2) the words " the cancellation of the appointment of the person concerned " and inserting in their stead the words " that its approval as an installation inspector of the electrical worker concerned be withdrawn ". 14. Amendment of s. 19 . Electrical contractor ' s license. Section 19 of the Principal Act is amended- (a) by omitting from paragraph (c) of subsection (2) the words It or electrician ";

Electrical Workers and Contractors Act Amdt Act 1971, No. 73 911 (b) by, in subsection (2), inserting after paragraph (d) the following paragraph:- "; (e) that he is competent to carry out electrical installation work in the capacity of an electrical contractor and, if the Board so requires, satisfactorily completes an oral, written or practical test determined by the Board,"; (c) by, in subsection (4),- (i) omitting the words " or electrician " wherever occurring; (ii) omitting from the second paragraph the word " the " occurring after the words " with the name of " and inserting in its stead the word " each "; (iii) inserting at the end of the second paragraph after the words " this Act " the words " and otherwise satisfies the requirements referred to in the first paragraph of this subsection "; (iv) omitting from the third paragraph the word " the " occurring before the words " member of the firm or partnership whose name " and inserting in its stead the word " every "; (v) inserting in the third paragraph after the words " or in the event of " the word " every "; (d) by, in subsection (5),- (i) omitting the words " or electrician " wherever occurring; (ii) omitting the words " and that its business as an electrical contractor " and inserting in their stead the words ", that it has as one of its objects the carrying on of business as an electrical contractor, and that electrical contracting work carried on by it "; (iii) omitting the second paragraph and inserting in its stead the following paragraph:- "The Board shall, at the request of the body corporate to which a license has been granted under this Part, endorse on the license the name of each member or employee thereof in respect of whom such request is made who holds a certificate as an electrical mechanic under Part II of this Act and otherwise is a person satisfying the requirements referred to in the first paragraph of this subsection."; (iv) omitting from the third paragraph the word " the " occurring before the words " member or employee of a body corporate " and inserting in its stead the word " every "; (v) inserting in the third paragraph after the words "or in the event of " the word " every "; (e) by inserting after subsection (5) the following subsections:- (6) No person other than- (a) an electrical contractor shall be authorized to sign as an electrical contractor; (b) a member or person whose name is endorsed on a license granted to a firm or partnership or a body corporate, as the case may be, which is licensed as an electrical contractor under this Act shall be authorized to sign for or on behalf of the firm, partnership or body corporate in question, any register, record book, other record, notice, certificate, license or document required by, under or for the purposes of this Act or by an electric authority.

912 Electrical Workers and Contractors Act Anidt Act 1971, No. 73 (7) Where an electrical contractor who has performed electrical installation work subsequently surrenders or fails to renew his electrical contractor's license or has it cancelled or suspended by the Board and is notified by the relevant electric authority of faults or defects in such work, the Board may- (a) grant to that person, provided he is then the holder of a certificate as an electrical mechanic, permission in writing to carry out whatever work is necessary to rectify the faults or defects, such permission in writing being on such terms and conditions as to time for completion and otherwise as the Board thinks fit; (b) require that person, where it has granted him permission in writing pursuant to the provisions of paragraph (a) of this subsection, to carry out whatever work is necessary to rectify the faults or defects, and that person so required shall carry out such work in accordance with the terms and conditions of such permission in writing.". 15. Amendment of s. 20 . Duration and renewal of license . Section 20 of the Principal Act is amended- (a) by, in subsection (1), omitting all words after the words " thirtieth day of June," and inserting in lieu of such omitted words the words " and shall be renewed by the registrar from time to time upon receipt of the prescribed application in that behalf and on payment of the prescribed fee."; (b) by inserting after subsection (1) the following subsection:- "(IA) Notwithstanding the provisions of subsection (1) of this section, the registrar may, instead of renewing a license under this Part, refer the application to the Board for its consideration, and the Board may, upon consideration of the application and matters relevant thereto, renew or refuse to renew such license."; (c) by inserting after subsection (4) the following subsection:- "(5) Any license granted under this Part may, upon notice in writing thereof to the Board, be surrendered.". 16. Amendment of s. 21. Offence for unlicensed person to carry on business as electrical contractor , etc. Section 21 of the Principal Act is amended by, in subsection (3),- (a) omitting from paragraph (a) the words " or electrician "; (b) inserting in subparagraph (i) of paragraph (a) after the words 66 prior approval " the words " in writing "; (c) inserting after subparagraph (ii) of paragraph _(a) the following subparagraph:- 64; or (iii) from performing, with the prior approval in writing of the relevant electric authority, temporary or minor electrical work on the premises of any organisation formed for charitable purposes."; (d) inserting in paragraph (a) after the words " subparagraph (i) " the words " or subparagraph (iii) "; 66 or ( aes) aonmeiltetcintrgicfiraonm"; paragraph (d) the word " either " and the words

Electrical Workers and Contractors Act Amdt Act 1971, No. 73 913 (f) inserting after paragraph (d) the following paragraph:- "; (e) who receives permission in writing from the Board pursuant to subsection (7) of section 19 of this Act, from carrying out the necessary work, referred to in that subsection, in accordance with the terms and conditions of such permission in writing.". 17. Amendment of s. 22 . Cancellation or suspension of license, etc., by Board . Section 22 of the Principal Act is amended by, in subsection (1),- (a) inserting in paragraphs (c) and (h) after the words " The Southern Electric Authority of Queensland Acts 1952 to 1958, " the words " or The Northern Electric Authority of Queensland Acts 1963 to 1964 "; (b) inserting in paragraph (i)- (i) after the words " electric authority for any " the word " electrical "; (ii) after the words " employed by such holder " the words " and performing work as an employee of the holder "; (c) inserting after paragraph (p) the following paragraph:- "; (q) that such holder has counselled or procured or suffered a member or employee of a firm or partnership or body corporate of which he is a member to carry out electrical installation work, the said member or employee not then being the holder of the appropriate certificate of competency under this Act,". 18. Amendment of s. 23. Register of licenses . Section 23 of the Principal Act is amended by- (a) inserting after the word " prescribed " in paragraph (c) of subsection (2) the words " or as the Board may deem necessary "; (b) in subsection (5)- (i) inserting after the words " electrical contractors " the words " and, where applicable, the names of members or persons whose names are endorsed on the licenses of such persons so licensed "; (ii) inserting after the words " name and address " the words " of any person newly licensed as an electrical contractor or "; (iii) inserting after the words " of such list " the words ", and a notification of such other particulars as may be prescribed.". 19. Amendment of s. 23A. Issue of installation permits. Section 23A of the Principal Act is amended- (a) by in subsection (1) omitting the words " or electrician "; (b) by in subsection (2) omitting the word " either " and the words " or electricians ". 20. Amendment of s. 23C. Register of permits . Section 23c of the Principal Act is amended by- (a) inserting after the word " prescribed " in paragraph (c) of subsection (2) the words " or as the Board may deem necessary "; (b) inserting after the words " thirteen months " in subsection (5) the words ", and when and so often as it deems necessary it may cause to be published in the Industrial Gazette a notification of such other particulars as may be prescribed.".

914 Electrical Workers and Contractors Act Amdt Act 1971, No. 73 21. Amendment of s. 24. Appeal to Minister. Section 24 of the Principal Act is amended by, in paragraph (b) of subsection (1),- (a) inserting after the words " holder of a certificate " the words 66 or permit "; (b) omitting the words " an interim certificate or "; (c) inserting after the words " whose certificate " the words " or permit ". 22. Amendment of s. 25. Forgery of certificates and licenses or installation permits, false entries, and false declarations . Section 25 of the Principal Act is amended- (a) by, in the heading of the section, omitting the word " and " occurring after the words " Forgery of certificates " and inserting in its stead the word ", permits,"; (b) by, in subsection (1)- (i) inserting in paragraph (i) after the word 6L competency " the words " or permit "; (ii) inserting in paragraphs (ii), (iii), (iv) and (v) after the word 64 certificate " the words " or permit "; (iii) inserting in paragraph (viii) after the word " certificate," the word " permit,". 23. Amendment of s. 27. Enforcement of fines and penalties imposed by Board, etc. Section 27 of the Principal Act is amended- (a) by omitting the words " petty sessions " and inserting in their stead the words " the court "; (b) by omitting all words after the words 66 and upon the filing of such notice any justice may " and inserting in lieu of such omitted words the words "order that the amount of such fine or penalty shall be recoverable by execution against the goods and chattels of the person liable to make payment of such fine or penalty or in the alternative order that in default of payment of such fine or penalty such person shall be imprisoned for a period not exceeding fourteen days, and any justice may take all such steps as are necessary or expedient for enforcing such order in all respects as if the order were an order made by justices following upon conviction of the person named in the order upon complaint under The Justices Acts 1886 to 1968, and the provisions of such lastmentioned Acts as to the enforcement of such orders made upon conviction by justices shall extend and apply accordingly.". 24. Amendment of s. 28 . Facilitation of proof . Section 28 of the Principal Act is amended by, in subsection (1),- (a) omitting, in paragraph (c), the words " or license " and inserting in their stead the words ", permit, license or installation permit "; (b) omitting, in paragraph (c), the word " license, " occurring after the words " the certificate of competency," and inserting in its stead the words " permit, license , installation permit,"; (c) omitting, in paragraph (d), the words " or license " where 4vice occurring and inserting in their stead in each case the words ", pe it, license or installation permit ". I

Electrical Workers and Contractors Act Amdt Act 1971, No. 73 915 25. Amendment of s. 30. Regulations . Section 30 of the Principal Act is amended by, in subsection (1),- (a) omitting paragraph •(b) and inserting in its stead the following paragraph:- (b) prescribing fees to be paid in respect of applications for certificates of competency, permits, licenses and installation permits under this Act and applications for renewals thereof, which fees may- (i) in relation to applications for such certificates differ in respect of different classes of certificates; and (ii) in relation to applications for such renewals differ according to whether such applications are within time or late, and providing for, regulating and controlling the refund or remission of fees and the circumstances in which refunds or remissions of fees may be made; "; (b) omitting paragraph (e) and inserting in its stead the following paragraph: " (e) prescribing, regulating and controlling the functions, powers and duties of the secretary, registrar, inspectors and other officers, including the manner in which those functions, powers and duties are to be exercised and discharged;"; (c) omitting, in paragraph (f), the words " or licenses " and inserting in their stead the words ", permits, licenses or installation permits "; (d) inserting after paragraph (g) the following paragraph:- 66 (h) providing for, regulating and controlling the signing and submission of ready for test notices and the manner in which, the time within which, and the persons by whom such notices are required to be signed and submitted or signed or submitted to an electric authority.". 26. Amendment of Schedule. The Schedule to the Principal Act is amended- (a) by in subclause (2) of clause 1- (i) inserting after the words " electrical mechanic " the words " or an electrical fitter "; (ii) omitting the words "of five years and has had two years' experience as a journeyman in addition " and inserting in their stead the words " acceptable to the Board "; (iii) inserting after the words " had a total experience " the words " outside the State "; (b) by in clause 9- (i) omitting subclause (1); and (ii) renumbering subclauses (2), (3) and (4) as subclauses (1), (2) and (3) respectively; (c) by in clause 11-- (i) omitting subclauses (2) and (3); (ii) renumbering subclause (4) as subclause (2); (iii) omitting in subclause (2), as so renumbered, the words " (other than an interim certificate) " and the words " or electrician "; (d) by omitting clause 13.

916 Electrical Workers and Contractors Act Amdt Act 1971, No. 73 27. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 27] Provisions to be amended Omit Insert Section 16 (3) Section 16 (3) Section 21 (2) Section 21 (2) Section 22 (1) Section 22 (1) Section 25 (2) Section 26 (2) Section 30 (1) (g) Section 30 (1) (g) ten pounds fifty pounds One hundred pounds twenty pounds twenty pounds five pounds . . one hundred pounds one hundred pounds one hundred pounds ten pounds . . $20 $100 $200 $40 $40 $10 $200 $200 $200 $20