Electrical Workers and Contractors Act of 1962 (11 Eliz Ii No. 18) (Qld)

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Electrical Workers and Contractors Act of 1962 (11 Eliz II No. 18)
827 ANNO UNDECIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••••••••••••••••••••••••••••••••••••• No. 18 An Act to Consolidate and Amend the Law relating to the Execution of Electrical Works and the Competency of Electrical Workers, to Provide for the Licensing of Electrical Contractors, and for other purposes [ASSENTED TO 3RD APRIL, 1962] B E 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:- PART 1.-PRELIMINARY 1. (I) This Act may be cited as " The Electrical Short title Workers and Contractors Act of 1962." (2) Save as herein otherwise provided, this Act shall Co~mence- come into force on a date to be fixed by the Governor in men Council by Proclamation published in the Industrial Gazette. issue 2 d . orNgorapnrtoevdisuinodneor fthtihsisAActcsthoarllcaeurttihfoicraistee,ojursltiicfeynoser p In re t~ a rt. 100 excuse any act or omission which is an offence against any other Act or Law.
828 Electrical Workers and Contractors Act 11 Euz. II. No. 18, Parts and Schedules 3. This Act is divided into Parts and a Schedule as follows :- PART !.-PRELIMINARY (ss. 1-12) ; PART 11.-ELECTRICAL WORKERS (ss. 13-18) ; PART 111.-ELECTRICAL CONTRACTORS (ss. 19-23) ; PART IV.-GENERAL (ss. 24-33) ; SCHEDULE. s R a e v p in e g a s ls and (here 4 in . a " ft T er h i e n E th le is ct A ric c a t l re W fe o rr r e k d ers to A a c s ts th , e1r9e2p7ea t l o ed1A93c1ts, " ) are hereby repealed : Provided that, but without limiting the operation of "The Acts Interpretation Acts, 1954 to 1960 "- (a) unless otherwise expressly provided every regulation, certificate of competency or of service, or other act of authority made, issued or done under the repealed Acts and in force at the commencement of this Act shall, subject as hereinafter provided, continue in force for purposes of this Act until it expires by effluxion of time or is repealed, amended or otherwise modified, or revoked, cancelled, suspended or surrendered under this Act : Provided that where any such certificate is suspended at the commencement of this Act, it shall not be in force under this paragraph until the expiration of the period for which it was suspended, and then only if it has not expired during the period of its suspension, and it shall only continue in force thereafter for the remainder of the period during which it would have been in force if it had not been so suspended : Provided further that every such regulation or certificate shall be read and construed subject to this Act ; (b) all penalties and forfeitures imposed under the repealed Acts and not received at the commencement of this Act may be enforced and applied as if this Act had not come into operation ;
1962 Electrical Workers and Contractors Act (c) all inquiries, actions and proceedings of whatever nature commenced or pending at the commencement of this Act under the repealed Acts may be carried on and prosecuted as if this Act had not come into operation, and no such inquiry, action or proceeding shall abate or be discontinued or prejudicially affected by anything in this Act contained ; (d) the Electrical Workers Board constituted under the repealed Acts shall be abolished and the members thereof shall go out of office as from the last moment of the day next preceding the date of the commencement of this Act. 829 5. (I) Nothing in this Act shall prejudice, affect or ~xem~tions prevent- rom ct (a) any person in or from being in charge of any machinery, provided that he does not perform electrical work ; (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 which is or may be connected to the source of supply; (c) any person from engaging in any work in connection with the electrical equipment of a motor vehicle where the operating voltage does not exceed thirty-two volts; (d) any person from engaging in any work in connection with an electrical installation not connected directly or indirectly to the supply mains of an Electric Authority or of a person supplying electricity under the authority of a license under " The Electric Light and Power Acts, 1896 to 1962," and where, in any event, the operating voltage does not exceed thirty- two volts. (2) Nothing in this Act shall prevent any professional electrical engineer from practising his profession.
830 Electrical Workers and Contractors A ct 11 Euz. II. No. 18, tMeremansing of or re6q.uiIrens, thtihseAfcotl, louwnliensgs ttehremcsonshteaxllt ohtahveerwthiseeminedainciantgess set against them respectively, that is to say :- Board " Board "-The Electrical Workers and Contractors Board established under this Act ; Certificate Chairman " Certificate "-Any certificate of competency, including any interim certificate of competency or restricted certificate of competency, issued and, in relation to any time in question, in force under this Act ; " Chairman "-The chairman of the Board appointed under this Act : The term includes any person appointed or elected under this Act to act as chairman of the Board ; Electric authority " Electric authority "-The Southern Electric Authority of Queensland established, constituted and incorporated by and under " The Southern Electric Authority of Queensland Acts, 1952 to 1958," any regional board under and within the meaning of " The Regional Electric Authorities Acts, 1945 to 1958," any electric authority under and within the meaning of" The Electric Light and Power Acts, 1896 to 1958" ; and any licensee supplying electricity under the authority of a license issued under section 4A of " The Electric Light and Power Acts, 1896 to 1958 " ; Electric line " Electric line "-Means and includes any wire or wires, conductor, or other means used for the purpose of conveying, transmitting, transforming or distributing electricity, with any casing, coating, covering, tube, pipe, pillar, pole, post, frame, bracket or insulator enclosing, surrounding or supporting the same, or any part thereof, or any apparatus connected therewith, for the purpose of conveying, transmitting, transforming or distributing electricity ; Electrical contracting " Electrical contracting "-Contracting or undertaking to carry out any electrical installation work ; Electrical contractor " Electrical contractor "-An electrical contractor licensed under Part III of this Act ;
1962 Electrical Workers and Contractors Act 831 " Electrical fitter "-Any- Electrical fitter (a) employee of an electric authonty who supervises or engages in the actual trade work of constructing, erecting, operating or maintaining electric apparatus on an electric supply system ; (b) person who supervises or engages in actual trade work, whether in a workshop or on site, of manufacturing, fitting, assembling or repairing electrical machines and apparatus ; (c) person who supervises or engages in the actual trade work, whether in a workshop or on site, of manufacturing, fitting, assembling or repairing electrical motor or generator windings ; or (d) person who supervises or engages in the trade work of fitting, assembling or repairing commercial standard electrical instruments and meters; " Electrical installation "-Any electric lines, ~1:;; 11: ~ 0 wmng, fittings, accessories, appliances, consuming devices, electrical machinery, control or protective devices or other apparatus placed in, on or over any premises and used or intended to be used for or for purposes incidental to the conveyance, control or use of electricity supplied or intended to be supplied by any electric authority or owner or occupier of a private plant, and whether or not supplied by the person contracting or undertaking to install the same: The term includes additions, alterations and repairs to an electrical installation, but does not include- (a) any electricity supply main or service line of any electric authority ; (b) any appliance, wire, fitting or apparatus which is placed in or over any premises owned or occupied by any electric authority and which is not used for the consumption of electricity on such premises or solely for purposes incidental to the conveyance or control of electricity so consumed ;
832 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, Electrical installation work Electrical jointer Electrical linesman Electrical mechanic Electrical work Electrical worker Electrician Employer " Electrical installation work "-The actual physical work of installing, repairing, altering or adding to any electrical installation and the supervision of such work ; " Electrical jointer "-A person who supervises or eng:3,ges in the actual work of installing, jointing and terminating such covered cables as require specialised knowledge and skill ; " Electrical linesman "-A person who supervises or engages in the actual work of constructing or maintaining overhead electrical lines where specialised knowledge and experience are required ; " Electrical mechanic "-A person who supervises or engages in the actual trade work of installing, maintaining or connecting any electric lines, machines or apparatus of an electrical installation for the utilisation of supply on any premises ; " Electrical work "-Any work done in connection with the installation or repair of electrical lines, meters, accumulators or fittings, or apparatus for the generation, transmission, supply or utilisation of electric energy but does not include work done in manufacturing, or assembling at the place of manufacture, electrical equipment, appliances, accessories or other apparatus ; " Electrical worker "-Any person engaged on any such electrical work in whole or in part as is specified in the definitions electrical fitter, electrical mechanic, electrical linesman or electrical jointer ; "Electrician "-A person qualified for an (a) or (b) type certificate as an electrical fitter and also as an electrical mechanic ; " Employer "-A person who employs any electrical worker certified under this Act : The term includes any electrical worker engaged in electrical work on his own behalf and who does not employ any other electrical worker;
1962 Electrical Workers and Contractors Act 833 "Improver "-An electrical worker, who, by Improver direction of the Apprenticeship Executive as constituted under "The Apprentices and Minors Acts, 1929 to 1959," is serving, on a special wage, a period of training with an employer for the purpose of becoming a qualified electrical worker ; " Ind " u . , s 1 ,. . t , 'h r e ial . T 1n C d o u n st c r i i l . a ia l ti C o o n nc a 1 n . 11 d . at A l . o r n bi a tr n a d tio A n rb A 1 . t c r t a " tl . o - n a1Cnnoddnuc~ 1t~hiaat!ton Act oif 1961 " and any Act amending or Arbitration substituted fo ' r that Act ; Act " Industrial inspector "-An industrial inspector ~ndustriat appointed under the Industrial Conciliation mspector and Arbitration Act ; " Industrial Gazette "-The Queensland Ind« strial Government Industrial Gazette published under Gazette " The Queensland Government Industrial Gazette Act of 1961 " ; " Inspector "-Any inspector appointed or deemed Inspector to be appointed under this Act, and any person appointed for the time being to perform the whole or any part of the duties of an inspector ; " Intceorimmpecteerntcifyicai . stesu " e d -A a n n d , int m . erimre l actei . ortnifictoateanoyf cInetreti. rfiimcate time in question, in force under this Act ; " License "-Any license issued and, in relation License to any time in question, in force under this Act; " Member "-A member of the Board appointed Member under this Act : The term includes any person appointed under this Act as a proxy for a member; " Minister "-The Minister for Education and Mini5ter Migration or other Minister of the Crown for the time being charged with the administration of this Act ; " Private plant "-Any electrical generating plant Prv~te other than that of an electric authority Pan which is used for supplying electricity for any purposes to which this Act applies including the electrical installation associated therewith ;
834 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, Register Registrar Restricted certificate Secretary " Register "-The Register of Licensed Electrical Contractors, Queensland ; " Registrar "-The registrar of the Board appointed under this Act : Until the first appointment to the office of registrar, or during any vacancy in that office, the term means the secretary ; " Restricted certificate "-A restricted certificate of competency issued and, in relation to any time in question, in force under this Act; " Secretary "-The secretary to the Board appointed under this Act. Electrical Workers Board 7. (1) For the purposes of this Act, there shall be established in accordance with this Act a Board to be called " The Electrical Workers and Contractors Board ". (2) The Board shall consist of a chairman and five other members each of whom shall, subject to subsection (3) of this section be appointed by the Governor in Council by notification published in the Industrial Gazette. The Board may be established by the nomination and appointment of the members thereof at any time after the passing of this Act. (3) The members of the Board shall be respectively- (a) a representative of the Government who shall be a qualified electrical engineer or the holder of a certificate under this Act : Such representative shall be nominated by the Minister and shall be the chairman of the Board; (b) a representative of the State Electricity Commission of Queensland who shall be a qualified electrical engineer or the holder of a certificate under this Act : Such representative shall be nominated by the Commissioner for Electricity Supply ; (c) a representative, who shall be a qualified electrical engineer or the holder of a certificate under this Act, nominated by the electric authorities in the State ;
1962 Electrical Workers and Contractors Act 835 (d) a representative, who shall be a qualified electrical engineer or the holder of a certificate under this Act, nominated by the Fire and Accident Underwriters' Association of Queensland ; (e) a representative, who shall be both an electrical contractor and the holder of a certificate under this Act, nominated by the electrical contractors ; (/) a representative, who shall be the holder of a certificate under this Act, nominated by the Electrical Trades Union of Employees of Australia (Queensland Branch). (4) The chairman of t~e Board ~hall hold office at the !r~ffi~ pleasure of the Governor m Council. of chairman In the event of the absence of the chairman from any ~h!i~~~g meeting of the Board the Minister may appoint another person, being a qualified electrical engineer or a holder of a certificate under this Act, to act as the chairman of the Board at such meeting. Such appointee may attend the meeting and act as chairman thereat and for such purpose shall be deemed to be the chairman of the Board. If (whether by reason that the Minister has not made an appointment or for any other cause) such an appointee does not attend any meeting of the Board from which the chairman is absent, then the members present may elect one of their number to be chairman of the meeting. (5) Fresh nominations of persons, qualified as Trnffie prescribed, to be members of the Board, other than the ~r ~e:bers chairman, may be made from time to time, but not at lesser intervals than three years except to fill a vacancy on the Board. The member, if any, holding the office to which the fresh nomination relates, shall be deemed to vacate such office on, including and from the date of the appointment of the nominee to be a member of the Board. (6) In the event of the absence of any member, other Prox~ for than the chairman, from any meeting of the Board, such mem ers member may, in writing under his hand, appoint a proxy
836 Electrical Workers and Contractors Act 11 Euz. II. No. 18, (being a person who is qualified as prescribed, for nomination to the office of such member) to attend such meeting and to act thereat as a member of the Board in his room. Such proxy may attend the meeting and act thereat in the room of the member absent therefrom who appointed him, and for such purpose shall be deemed to be a member of the Board. Filling of vacancies 8. If at any time any person has not been nominated in accordance with this Act for appointment as a member of the Board or no appointment as a member of the Board is made by reason of any person so nominated signifying to the Minister his refusal to act as a member of the Board, or in the event of any vacancy occurring otherwise at any time from any cause whatsoever in the office of a member of the Board, the Governor in Council may appoint, for such time as the Governor in Council shall deem fit and proper, any person quahfied as prescribed to be a member of the Board to represent the interest in the representation ofwh1ch such nomination or appointment is not made or such refusal to act has occurred, or such vacancy otherwise occurs. No proceedings of the Board, or of any person acting as chairman or member, shall be invalidated by reason of any defect in any appointment of chairman or member, or by reason of any member refusing to act as such, or by reason of there being any vacancy in the number of members at the time of such proceedings. o V f a fi c c a e tion of the c9h.airTmheano, ffsihcealol fbaecnoymmeevmabcearntofifthheeB-oard, including (a) dies or becomes mentally sick ; (b) becomes bankrupt or compounds with his creditors, or otherwise takes advantage of the laws in force for the time being relating to bankruptcy ; (c) is absent without leave granted by the Board from three consecutive ordinary meetings of the Board of which due notice has been given to him ; (d) resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Minister ;
1962 Electrical Workers and Contractors Act (e) is convicted of an indictable offence ; or (/) is removed from office by the Governor in Council for misbehaviour or incompetence by notification published in the Industrial Gazette: Provided that the attendance of the chairman or any other member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day, and the secretary shall enter in the minute book the name of the chairman or any other member who so attends. 837 I 0. ( 1) The Governor in Council may from time to Officers time appoint under and for the purposes of this Act a secretary to the Board, a registrar of the Board, and such inspectors and other officers as he deems necessary for the effectual administration of this Act. (2) Subject to subsection (3) of this section the secretary, registrar, inspectors and officers shall be appointed and hold their respective offices under, subject to and in accordance with " The Public Service Acts, 1922 to 1960." (3) Every industrial inspector shall, by virtue of such office and without further appointment under this Act, be deemed an inspector under and for the purposes of this Act. I 1. (1) Any inspector may at any time- ri,~;;~ 0~ (i) enter, inspect and examine any place where there is, or where he has reason to believe there is, any electrical installation, or where any person is, or he has reason to believe that any person is, carrying on business as an electrical contractor ; (ii) inspect and examine all electrical installation work being performed or which has been performed with respect to any electrical installation found upon such entry ;
838 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, (iii) Call to his aid- (a) any member of the Police Force where he has reasonable cause to apprehend any obstruction in the exercise of his powers or in the execution of his duties ; (b) any person he may think competent to assist him in such inspection and examination ; (i.v) make such examination and inquiry as may be necessary to ascertain whether any electrical work is being or has been performed in a proper and workmanlike manner and the identity and qualifications of the person or persons by whom the same is being or was performed; (v) question, with respect to matters under this Act, the occupier of any place, the owner of any electrical installation, every person whom he finds in any place, and every person who has been within the preceding six months employed in any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers ; (vi) require the production of any certificate or license, and of any book, notice, record, list, or writing which by this Act is required to be kept or exhibited, and inspect, examine and take copies of or extracts from the same ; and (vii) exercise such other powers and authorities as may be prescribed. Occupiers to (2) The occupier of any place wherein or whereon ~dw entry there is any electrical installation or wherein or whereon inspection any person is carrying on the business of an electrical contractor, and every owner of any electrical installation shall furnish to any inspector all reasonable assistance and all such information within his knowledge or within his power to ascertain as is required by that inspector with respect to the exercise of his powers and the discharge of his duties under this Act in relation to that place or, as the case may be, electrical installation.
1962 Electrical Workers and Contractors Act 839 12. A person shall not- ?nbSlructing (i) assault, resist or obstruct an inspector in the inspector exercise of his powers or in the discharge of his duties under this Act, or attempt so to do ; or (ii) fail to answer any question put to him in pursuance of this Act by an inspector or give any false or misleading answer to any such question ; or (iii) fail to comply with the lawful requisition or any part of the lawful requisition of an inspector ; or (iv) when required by or under this Act to furnish any assistance or to furnish any information to an inspector, fail to furnish that assistance or information, as the case may be, or, in the latter case, furnish false or misleading information ; or (v) fail, without reasonable excuse, the proof whereof shall lie upon him, to produce any certificate or license or any book, notice, record, list, document or writing which he is required under this Act by an inspector to produce, or fail to allow an inspector to take a copy of or extract from any such certificate, license, book, notice, record, list, document or writing ; or (vi) directly or indirectly prevent any person from appearing before or being questioned by an inspector, or attempt so to do ; or (vii) use any threat or any abusive or insulting language to any inspector or to an employee with respect to any inspection or examination or questioning : Provided that no person shall be required under this section or under section eleven of this Act to answer any question, or give any information or evidence, or to sign any declaration tending to criminate himself.
840 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, PART 11.-ELECTRICAL WORKERS cccoetrm~ t, sp6eecstaetonefcsyo r powe 1 r 3 to . g( 1r) aSnutb- ject to this Act the Board shall have (a) the following certificates of competency, namely:- (i) Electrical fitter ; (ii) Electrical jointer ; (iii) Electrical linesman ; (iv) Electrical mechanic ; (v) Electrician ; (b) an interim certificate of competency of any class specified in paragraph (a) of this subsection ; or (c) a restricted certificate of competency of any class specified in paragraph (a) of this subsection. (2) Subject to the rules set out in the Schedule to this Act, a person shall be entitled to be granted by the Board, and the Board shall grant to a person, any certificate of competency under this Act if, but only if, that person proves to the satisfaction of the Board- (a) that he is resident in Queensland and is of good repute ; (b) where under the rules in the Schedule to this Act he is required to qualify by examination, that he has duly passed the qualifying examination prescribed with respect to such certificate ; (c) that he is otherwise qualified in every respect as prescribed in respect of such certificate, and that person has paid the fee prescribed in respect of such certificate and, if thereunto required by the Board, has produced to it a medical certificate. Interim certificate 14. (I) Pending proof to its satisfaction that a person is entitled to be granted a certificate of competency of any class specified in paragraph (a) of subsection (1) of section thirteen of this Act the Board may at its discretion grant to such person an interim certificate of competency of that class. (2) The Board may from time to time renew any interim certificate. (3) An interim certificate shall not be granted or at any time renewed for a period longer than six months.
1962 Electrical Workers and Contractors Act 841 15. (1) The Board may at its discretion grant a Res~ricted certI 'fi cate o f competency o f any c l ass spec1 'fl e d m . certificate paragraph (a) of subsection (1) of section thirteen of this Act restricted- (a) to so much of the electrical work specified in the definitions under this Act electrical fitter, electrical jointer, electrical linesman or electrical mechanic as is, according to the class of the certificate, specified therein ; or (b) to the carrying out of electrical work according to the class of the certificate for the employer specified therein ; or (c) to the carrying out of electrical work according to the class of the certificate, in the locality specified therein, or subjected to such of the restrictions set out in paragraphs (a), (b) and (c) of this subsection as the Board deems fit. (2) A restricted certificate may be granted in relation to electrical work which is incidental or special to a trade or calling other than that of electrical fitter, electrical jointer, electrical linesman or electrical mechanic, or as may be determined by the Board under special circumstances. (3) A restricted certificate shall not entitle the holder thereof to any certificate under this Act, nor be taken into account in determining whether the holder thereof is qualified to obtain or hold any certificate under this Act. 16. {l) A person shall not do any electrical work Ele~~r~ca~ specified in the definitions under this Act electrical dine b~ fitter, electrical jointer, electrical linesman, electrical certificated mechanic or electrician unless he holds under this Act the persons appropriate certificate. In this subsection " the appropriate certificate " means the certificate (including an interim certificate) which is appropriate according to the one of the definitions mentioned in this subsection 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.
842 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, (2) Where any person does any electrical work contrary to this section in the capacity of an employee both such person and his employer shall be guilty of such contravention and liable accordingly. (3) Any person who contravenes this section shall be guilty of an offence against this Act. Penalty : Minimum, ten pounds ; maximum, fifty pounds. (4) This section does not apply to- (a) a probationer or apprentice to the electrical trade working under the provisions of " The Apprentices and Minors Acts, 1929 to 1959" ; or (b) an improver. Defective work to be reported to Board 1 7. (1) In any case in which an inspection is made, under the provisions of " The Electric Light and Power Acts, 1896 to 1958," or" The Southern Electric Authority of Queensland Acts, 1952 to 1958," of electrical work in any premises, the person making such inspection shall forthwith report in writing to the electric authority concerned or to the Southern Electric Authority of Queensland, as the case may be, any fault or defect in such work which in his opinion would justify the suspension or cancellation of any certificate (including any interim or restricted certificate) under this Act, and such Authority shall forward a copy of such report to the Board. (2) On receiving a copy of such a report as aforesaid, the Board may, after due mquiry being made therein- (a) if the person in respect of whose work the report is made holds any certificate, cancel or suspend such certificate ; or (b) if such person holds an interim or a restricted certificate under this Act, withdraw such certificate ; or (c) in any such case impose a penalty not exceeding five pounds. ci I n n os q mp u ep i c r1 a y tim _ o i n n s tt O or m wh 1 " 1c 8 h . t ( h 1 e ) m. I s f paetcta1. noyntoimf eanayceo1emcptnl.acian1t wasortko hthaes mbeaennnoerr work is being carried out is made to the Board, the Board may inquire into the matter of the complaint.
1962 Electrical Workers and Contractors Act 843 . (2) If as a ~esult ~f such inquir~ th~ Board _is !::i':tion by satisfied that such mspect1on has been or 1s bemg made m Board an unfair or unsatisfactory manner, the Board may recommend to the State Electricity Commission of Queensland the cancellation of the appointment of the person concerned. PART 111.-ELECTRICAL CONTRACTORS 19, (1) Subject to this Act .the Board shall h~ve ;~ ~ ~~~ ~r' s power to grant licenses under this Act as an electrical license contractor. (2) Upon application in writing in that behalf made by a person who satisfies the Board- (a) that he is resident in Queensland and is of good repute ; (b) that he is over the age of twenty-one years ; (c) that he holds a certificate as an electrical mechanic or electrician under Part II of this Act and has held such certificate for not less than twelve months ; {d) that he intends and is able to undertake contracts for electrical installation work, and who pays the prescribed fee, the Board shall grant to such person a license under this Act as an electrical contractor. (3) Any person who- (a) holds under any legislation, ordinance or law of any State or Territory of the Commonwealth corresponding to this Part of this Act a license or other authority empowering him to undertake contracts for electrical installation work in such State or Territory; (b) satisfies the Board that his qualifications and experience are equivalent to those required in the case of an applicant for a license under this Part of this Act ; and (c) has a place of business in Queensland, shall upon application to the Board and payment of the prescribed fee, be granted by the Board a license under this Act as an electrical contractor.
844 Electrical Workers and Contractors A ct 11 ELIZ. II. No. 18, (4) Any firm or partnership may apply for and be granted a license as an electrical contractor if, but only if, a member of the firm or partnership holds a certificate as an electrical mechanic or electrician under Part II of this Act and has held such certificate for not less than twelve months and such member is otherwise qualified as prescribed by this Part of this Act to hold such a license in his own name, and the firm or partnership has a place of business in Queensland. Every license as an electrical contractor granted to a firm or partnership shall be endorsed with the name of the member thereof who holds a certificate as an electrical mechanic or electrician under Part II of this Act. In the event of the cancellation or suspension of the certificate as an electrical mechanic or electrician of the member of the firm or partnership whose name is endorsed on the license under this Part granted to such firm or partnership, or in the event of such member ceasing for any cause whatsoever to be a member of the firm or partnership, then upon and by virtue of the happening of such event the license under this Part of the firm or partnership shall be deemed to be cancelled unless within a period of one month of the date of such event application is made for endorsement on the license of the name of another person or member similarly qualified. (5) A body corporate may apply for and be granted a license under this Part if, but only if, the Board is satisfied that it has a place of business in Queensland and that its business as an electrical contractor will be carried on by or under the personal supervision of a person who is a member or employee and who holds a certificate as an electrical mechanic or electrician under Part II of this Act and who has held such certificate for not less than twelve months and is otherwise qualified as prescribed by this Part of this Act to hold such a license in his own name. The name of such member or employee shall be endorsed upon the license granted to the body corporate. In the event of the cancellation or suspension of the certificate as an electrical mechanic or electrician of the member or employee of a body corporate whose name is endorsed on the license granted to such body corporate, or in the event of such member or employee ceasing for any cause whatsoever to be a member or employee of the body corporate, then upon and by virtue
1962 Electrical Workers and Contractors Act 845 of the happening of such event the license under this Part of the body corporate shall be deemed to be cancelled unless within a period of one month of the date of such event, application is made for endorsement on the license of the name of another member or employee similarly qualified. 20. (1) Subject to this Act, a license under this Part Duration and as an electrical contractor shall be in force on and from Ik~~;: 1 or the date of the granting thereof and thereafter to and including the next following thirtieth day ofJune, and may be renewed by the Board from time to time upon application in that behalf and payment of the prescribed fee. (2) Subject to this Act, every renewal of a license under this Part shall be in force for twelve months from and including the date of renewal. For the purposes of this subsection, the day immediately following the day on which the license or the next previous renewal thereof expired shall, subject to subsection (3) of this section, be deemed to be the date of any renewal in question of any license under this Part. (3) Where a license under this Part is renewed subsequent to the date of the expiry of the license or next previous renewal thereof, as the case may be, the renewal shall come into force on such subsequent date but shall expire on the date on which it would have expired had it been renewed on or before the date of expiry of the license or next previous renewal, as the case may be. (4) If a license is suspended for a period less than the portion of the period thereof or of any renewal thereof remaining at the date of the commencement of such period of suspension, then upon the termination of the period of suspension the license shall only be in force until the date when it would have expired if it had not been suspended. This subsection applies so as not to prejudice any provision of this Part with respect to the renewal of a license. 21. (1) This section shall come into force three ofli ~nce Cdor months a1 ~ ter t h e d ate on w h. 1c h t h" 1s A ct I · S proc 1 a1 · me d upner1tscoennsteo to come into force. car~y on busmess as electrical contractor, &c. 28
846 Electrical Workers and Contractors Act 11 Euz. II. No. 18, (2) A person, unless licensed under this Act as an electrical contractor, shall not- (a) exercise or carry on, or advertise, notify or state that he exercises or carries on the business of electrical contracting ; (b) contract or undertake to carry out or in any way hold himself out to the public as willing to carry out any electrical installation work ; or (c) employ any person to carry out, in the capacity of his servant, any electrical installation work for any purpose of or connected with adding to, altering or repairing any subsisting electrical installation or of installing any new electrical installation : Provided that it shall be a defence for any person complained against under this section to prove that with respect to the matter the subject of the complaint, he acted as a member of a firm or partnership, which at the relevant time was licensed under this Act as an electrical contractor. Penalty : One hundred pounds and, if the offence is continued after conviction therefor, twenty pounds for each and every day on which the offence is so continued. (3) The provisions of this section shall apply so as not to prohibit any person, not licensed under this Act as an electrical contractor- (a) who holds under this Act a certificate of competency as an electrical mechanic or electrician- (i) from carrying out with the prior approval of the relevant electric authority, electrical installation work in any premises whereof such person or a near relative of such person is the owner or bona fide occupier ; or (ii) from repairing, replacing or renewing fuses, flexible cords, lampholders, plug-sockets, switches and contacts comprised in any electrical installation. The relevant electric authority may in its discretion grant or refuse any approval for the purpose of subparagraph (i) of this paragraph (a), and may subject any such approval to such conditions as it deems fit,
1962 Electrical Workers and Contractors Act 847 in which case the approval shall be limited in its application as prescribed by the conditions thereof ; (b) who carries on business as a builder, from contracting to perform building work which includes electrical installation work if such electrical installation work is performed by another person who is licensed under this Act as an electrical contractor ; (c) from carrying on business as a manufacturer of electrical machines, appliances, instruments, equipment, accessories, apparatus or other goods in a factory within the meaning of "The Factories and Shops Act of 1960." (4) For the purposes of the provisions, other than paragraph (a) of subsection (3), of this section the term ·• person " shall include a body corporate. ~rn::=~:ion 22. (I) If, with respect to any holder of a license Cancellati~n under this Part as an electrical contractor, the Board considers- &c., by Board (a) that the license or any renewal of the license of such holder has been granted in error or that such holder has furnished to the Board in or in connection with his application for his license or any renewal of his license any false or misleading information or particulars {whether oral or in writing) ; (b) that such holder has carried out or caused or permitted or allowed to be carried out electrical installation work in a negligent, unsatisfactory or incompetent manner ; (c) that such holder has been guilty of undue delay in rectifying or having rectified any fault found as a result of an inspection under " The Electric Light and Power Acts, 1896 to 1958," or " The Southern Electric Authority of Queensland Acts, 1952 to 1958," in any electrical work done by him or by any person employed by him ; (d) that such holder or any person employed by him has wilfully deceived, or attempted to deceive, any inspector by purposely concealing
848 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, inferior work or materials used as a part of any electrical installation work, or by false or misleading statements to an inspector ; (e) that such holder or any person employed by him has illegally broken or tampered with the seal attached to any meter or service fuse, or other appliance, the property of any electric authority or person licensed to supply electricity ; (/) that such holder or any person employed by him has tampered with any meter, maximum demand indicator, service fuse, or other apparatus, the property of or under the control of the electric authority or person licensed to supply electricity ; (g) that such holder or any person employed by him has, without the permission of the electric authority concerned, connected any installation for electric supply chargeable at a higher rate to an electric supply chargeable at a lower rate ; (h) that such holder has been guilty of an offence against this Act or " The Electric Light and Power Acts, 1896 to 1958," or" The Southern Electric Authority of Queensland Acts, 1952 to 1958 " ; (i) that such holder or any person employed by him has signed any application form or ready-for-test notice on behalf of any person, or has signed any notice to any electric authority for any installation work carried out by any person, other than a person employed by such holder ; (j) that such holder has at any time been a party or privy to any act described in the preceding paragraphs of this subsection ; (k) that such holder has failed to pay any fee due by him under this Act ;
1962 Electrical Workers and Contractors Act (/) that such holder has neglected to furnish any returns relating to his business as an electrical contractor or has furnished a false or misleading such return ; (m) that such holder has had his license endorsed on three separate occasions ; (n) that such holder has been convicted upon indictment of an offence under " The Criminal Code" ; (o) that such holder is mentally sick ; or (p) that such holder is no longer engaged in the situation to which his license applies, the Board may call upon such holder to show cause why his license should not be cancelled and after due inquiry the Board may, according as it deems just, do any one or more of the following, that is to say :- (i) Cancel or suspend the license ; (ii) Endorse the license ; (iii) Fine such holder a sum not exceeding twenty pounds; (iv) Reprimand or caution such holder ; (v) In any case where the Board finds that such holder has been guilty of undue delay in rectifying or having rectified any fault referred to in paragraph (c) of this subsection, fine such holder a sum not exceeding five pounds per day for each and every day on which the Board finds that such undue delay continued. (2) Suspension of a license 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 license. (3) Cause as aforesaid may be shown in writing but the Board shall not cancel, suspend or endorse a license 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. 849
850 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, Register of licenses 23. (1) The Board shall cause to be made and kept a register, to be called the " Register of Licensed Electrical Contractors, Queensland," of all licenses granted by it under this Part. Such register may be on the loose-leaf or card-index system. (2) The Board shall cause to be entered in such register- (a) the full name and address of every person licensed under this Part ; (b) the date of granting of the license and of every renewal thereof; (c) such other particulars as may be prescribed. (3) If any holder of a license fails to renew such license within the prescribed time the Board shall thereupon cause his name to be erased from such register. (4) If the license is later duly renewed, the Board shall cause the name of the holder thereof to be restored to the register. (5) The Board shall cause a list of the names and addresses of the persons licensed under this Part as electrical contractors to be published in the Industrial Gazette once at least in each year and so that the period between succeeding such publications shall not exceed thirteen months. When and so often as the Board deems necessary it may cause to be published in the Industrial Gazette a notification of the name and address of any person whose name shall have been erased from the said register subsequent to the last publication of such list. (6) In respect of the period on and from the date of the publication of any such list and thereafter up to the date of the publication of the next following such list, a
1962 Electrical Workers and Contractors Act 851 copy of the Industrial Gazette containing any such list shall be prima facie evidence in any proceedings that at any material time- (a) any person named in such list is licensed under this Act as an electrical contractor ; or (b) any person not named in such list is not licensed under this Act as an electrical contractor. PART IV.-GENERAL 24. (I) Any- Appeal to Minister (a) applicant for a certificate (including a restricted certificate) under Part II of this Act; (b) holder of a certificate under Part II of this Act (including an interim certificate or a restricted certificate) whose certificate has been cancelled or suspended or who has been otherwise dealt with by the Board under section seventeen of this Act ; (c) applicant for a license under Part III of this Act ; or (d) holder of a license under Part III of this Act whose license has been cancelled or suspended or who has been otherwise dealt with by the Board under section twenty-two of this Act, who is aggrieved by the decision of the Board may appeal to the Minister. (2) An appeal under this section may be instituted at any time within three months after the secretary to the Board has notified the person concerned of the decision, and shall be instituted by notice of appeal in writing lodged at the office of the Minister. (3) The Minister may hear the appellant and the Board or he may appoint a person or persons to hear the appeal and to make to him a report and recommendation thereon. The person or persons so appointed shall afford the appellant and the Board an opportunity to be heard and to call witnesses to give evidence.
852 Electrical Workers and Contractors Act 11 Euz. II. No. 18, (4) Subject, if he hears the appeal, to affording the appellant and the Board an opportunity to be heard by him and to call witnesses to give evidence before him or, where he has appointed a person or persons to hear the appeal, upon receipt of the report and recommendation of such person or persons, the Minister may, in his absolute discretion, dismiss or allow the appeal or substitute for the decision of the Board appealed against such other decision as he thinks just and proper in the circumstances, including any decision which the Board might have made. The decision of the Minister shall be final and conclusive, and shall be deemed for all purposes of this Act to be the decision of the Board. (5) Notwithstanding any other provision of this Act or of any other Act, a decision of the Board shall be final and without appeal save as is provided for by this section. Forgery of certificates and licenses, false entries, and false declarations 2 6. (1) A person shall not- (i) forge or counterfeit any certificate of competency or license ; or (ii) give or sign any such certificate or license knowing it to be false in any material particular ; or (iii) knowingly utter or make use of any such certificate or license so forged or counterfeited, or which is false as aforesaid ; or (iv) knowingly utter or make use of as applying to any person any such certificate or license which does not so apply ; or (v) personate any person named in any such certificate or license ; or (vi) falsely pretend to be an inspector ; or (vii) connive at any such forging, counterfeiting, giving, signing, uttering, making use, personating or pretending as aforesaid ; or (viii) make a false entry in any register, record book, other record, notice, certificate, license or document required by, under or for the purposes of this Act to be kept, exhibited or delivered, served or sent ; or (ix) make or sign a false declaration required by, under or for any purpose of this Act ; or (x) knowingly make use of any such false entry or declaration as aforesaid.
1962 Electrical Workers and Contractors Act 853 (2) Any person guilty of an offence against this section shall be liable to a penalty of not more than one hundred pounds or to imprisonment, with or without hard labour, for any period not exceeding six months. 26. (I) Any person who contravenes or fails to Offences comply with any provision of this Act shall be guilty of an offence. (2) Any person guilty of an offence against any Gen~~at provision of this Act shall be liable, if no specific penalty pena Y is prescribed for that offence, to a penalty not exceeding one hundred pounds. (3) All offences against this Act may be prosecuted Su~ and all amounts of fees payable under this Act and not procee ngs paid may be recovered in a summary way under " The Justices Acts, 1886 to 1960," on complaint by any person authorised by the Minister. ~:~rce- (4) A prosecution for an offence against this Act may Time for be instituted at any time within twelve months after the commission of the offence or within four months after the prosecutions commission of the offence comes to the knowledge of the complainant whichever is the later. 2 7. Any amount unpaid of any fine or penalty Er~orceme~t imposed under this Act by the Board or, upon ~natf~:n determination of an appeal, by the Minister, shall be tpoded&by a debt due to the Board and be recoverable as such in oar ' c. any court of competent jurisdiction or in manner hereinafter provided. The Board may cause to be filed in the office of the clerk of petty sessions at Brisbane a certificate under the hand of the chairman or secretary and setting forth the order of the Board or, as the case may be, of the Minister on appeal, and upon the filing of such notice 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 in petty sessions following upon conviction of the person named in the order upon complaint under " The Justices Acts, 1886 to 1960," and the provisions of such lastmentioned Acts as to the enforcement of such orders made upon conviction by justices shall extend and apply accordingly.
854 Electrical Workers and Contractors Act 11 Euz. IL No. 18, Facilitation of proof 28. (1) In any proceeding under or for a purpose of this Act- (a) it shall not be necessary to prove the appointment of the chairman or any member of the Board or of the secretary, the registrar or any inspector or other officer appointed under this Act ; (b) a signature purporting to be that of the chairman, the secretary, the registrar or any inspector shall be taken to be the signature it purports to be until the contrary is proved ; (c) a document purporting to be an extract from the Register of Licensed Electrical Contractors, Queensland, a duplicate or copy of a certificate of competency or license under this Act, or of any order or determination of the Board shall, upon its production in evidence, be evidence of the part of such register whereof it purports to be such extract or of the certificate of competency, license, order or determination whereof it purports to be a duplicate or copy and in the absence of evidence in rebuttal thereof shall be conclusive such evidence ; (d) a document purporting to be signed by the chairman, the secretary or the registrar, and stating that at any specified time there was or was not in force a certificate of competency or license under this Act as described therein issued to a specified person, or that any such certificate or license was or was not subject to terms, conditions or restrictions, or was or was not issued subject to the terms, conditions and restrictions set out in that document shall, upon its production in evidence, be evidence of the matter or matters in the document, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters ; (e) a document purporting to be signed by the chairman, the secretary or the registrar and certifying that the amount specified therein is payable under this Act in respect of a fine imposed by the Board or, as the case may be,
1962 Electrical Workers and Contractors Act 855 by the Minister on appeal and has not been paid by a person specified in such document shall, upon its production in evidence, be evidence of the matter or matters certified to therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters. (2) The Register of Licensed Electrical Contractors, Queensland, shall be deemed a book of such a public nature as to be admissible in evidence on its mere production from proper custody, and the registrar of the Board shall be deemed the person having proper custody thereof. 29. For the purposes ofinquiry into applications for fowe~s o~ cert! 'fi cates o f competency or 1 1 · censes un d er t h" 1s A ct or o f i m n v q e u s i t r 1 y ga & t1 c o . n ' making any other investigation or inquiry which it is ' required, authorised or permitted under this Act to make the Board, and for the purpose of any appeal to the Minister under this Act, the Minister or any person or persons appointed by the Minister shall have and may exercise the powers of a Commission under and within the meaning of" The Commissions of Inquiry Acts, 1950 to 1954," save such of those powers as are expressed by that Act to be conferred upon a Judge of the Supreme Court. 30. (1) The Governor in Council may from time to Regulations time make regulations, not inconsistent with this Act, prescribing all matters and things which by this Act are required or permitted to be prescribed (save any such matter or thing which is required to be prescribed otherwise than by regulation) or which are necessary or convenient to be prescribed for giving effect to this Act, and in particular, but without limit to the generality of the foregoing provisions of this subsection- (a) prescribing, regulating and controlling meetings, and business and procedure at meetings of the Board ; (b) prescribing fees to be paid in respect of certificates of competency and licenses under this Act and renewals thereof, which fees may as respects such certificates differ in respect of different classes of certificates ;
856 Electrical Workers and Contractors Act 11 ELIZ. IL No. 18, (c) prescribing forms under this Act and the respective purposes for which such forms shall be used ; (cl) providing for, regulating and controlling the nomination (by election or otherwise as prescribed) for appointment to the Board of the members representative respectively of electric authorities and electrical contractors : Provided that pending such regulations any such nomination may be made in any manner approved or directed by the Minister ; (e) prescribing fees payable to members of the Board in respect to their attendances at meetings ; (f) providing for, regulating and controlling the issue of duplicates for lost, destroyed or mutilated certificates of competency or licenses under this Act and the fees for such duplicates ; (g) penalties for breaches of the regulations but not exceeding one hundred pounds or, in respect of any continuing offence, ten pounds for each and every day on which the offence is continued. (2) Regulations may be made under this Act at any time after the passing hereof. Publication of proclama- tions and regulations 31. ( 1) Every Proclamation or regulation made under this Act shall- (a) be published in the Industrial Gazette ; (b) upon its publication in the Industrial Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein ; (c) take effect from the date of such publication, unless, in the case of any such regulation, a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date ; and (cl) be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session.
1962 Electrical Workers and Contractors Act (2) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation or regulation has been laid before Parliament disallowing such Proclamation or regulation or part thereof, that Proclamation or regulation or part shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation or regulation. (3) In this section the term " sitting days " means days upon which the House actually sits for the despatch of business. 857 32. The Board shall furnish annually to the Annual Minister a report upon the operation of this Act. report 33. The provisions of the Schedule to this Act shall Schedule apply to all those matters and things to which those provisions are expressed to apply. SCHEDULE 1. (1) The Board may subject any applicant for any certificate ~xamina- (including a restricted certificate) under this Act to a written and ttons practical examination or may make such inquiries and tests as it thinks fit before granting any such certificate. (2) An applicant for a certificate as an electrical mechanic shall be subjected to a written and practical examination unless he produces evidence which satisfies the Board that he has- (a) served an apprenticeship of five years and has had two years' experience as a journeyman in addition ; or (b) had a total experience of not less than seven years in electrical work considered satisfactory by the Board ; or (c) passed an examination acceptable to the Board. (3) The Board, at its discretion, in special circumstances, may substitute an oral test in lieu of a written test. (4) The provisions, other than this rule, of this Schedule shall be construed and applied so as not to limit the powers conferred upon the Board by this rule. 2. The Board may appoint examiners to conduct any examinations Examiners required by the Board at a fee approved by the Minister upon the recommendation of the Board.
858 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, Tim~ of. 3. Examinations shall be held at such times and places as the examinations Board determines. Notification of the time and place of holding any general examination shall, at least two months before the date of holding the examination, be published in a daily newspaper circulating in the locality in which the examination is to be held. ScoJX: oft. 4. In determining the nature of any inquiries or tests which the examma ions Board may make and 1 0 determm· g the scope of any exam·matl·on the definitions of the trades contained in this Act shall be taken into consideration in so far as such definitions delimit the work of such electrical workers respectively and such scope may include tests in calculation, practical work, sketching and knowledge of the electric wiring rules of the Standards Association of Australia and of" The Electric Light and Power Regulations of 1938," including any rules or regulations in amendment of or substitution for the said rules or, as the case may be, regulations. e f A o xp r apmliicnaattiioonn wrehsterri 5 ec . teaAdnnceeraxtpiafpimcliaicntaeattsiiohonanllfbioser mhaealddceeriitnniftihcaaectceporreodsfacnrcicboeemdpwfeoittrehmnctayhnisdinicAnlucthdt einscguacshae application shall be made at least thirty-five days before the date of holding the examination as provided under clause three of this Schedule. Electrical fitter 6. Any person may apply for a certificate of competency as an electrical fitter, who- (1) (a) (i) Has served an apprenticeship to the trade of electrical fitter reasonably as defined in this Act. Such apprenticeship may be served under any recognised Statutory Apprenticeship scheme. The period of apprenticeship shall be that prescribed under " The Apprentices and Minors Acts, 1929 to 1959" ; and (ii) Produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining the amount of experience he has had at the trade of an electrical fitter ; or (b) Is the holder of a certificate of competency as an electrical mechanic and produces satisfactory evidence of at least one year's experience in the trade work of an electrical mechanic, and can satisfy the Board that he has a sufficient knowledge of the trade of electrical fitter : Provided that any applicant who has complied with the requirements of paragraph (a) of this subrule (1) and who produces to the Board a certificate issued by the Department of Education showing that he has passed the final examination of the Course of Instruction for Electrical Trade Apprentices prescribed under "The Apprentices and Minors Acts, 1929 to 1959," shall be granted a certificate of competency as an electrical fitter of the appropriate description as defined in section six of this Act ; (2) (a) Has served an apprenticeship to the trade of electrical fitter for a lesser period than that prescribed as aforesaid under "The Apprentices and Minors Acts, 1929 to 1959" ; or
1962 Electrical Workers and Contractors Act 859 (b) Has worked as a junior or improver under the direction of a recognised electrical fitter and/or as an electrical fitter outside the State, and produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining his experience in the trade of electrical fitter which experience must exceed by at least one year the period prescribed as aforesaid under "The Apprentices and Minors Acts, 1929 to 1959" ; (3) (a) Is a mechanical or electrical engineering graduate of any recognised university ; or (b) Is the holder of a diploma in mechanical or electrical engineering of any recognised technical college or engineering school, and produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and that he has had at least two years' experience in the trade of electrical fitter as defined in this Act. 7. Any person may apply for a certificate of competency as an Electric~l electrical mechanic, who- mechamcs (1) (a) Has served an apprenticeship to the trade of electrical mechanic as defined in this Act. Such apprenticeship may be served under any recognised Statutory Apprenticeship scheme. The period of apprenticeship shall be that prescribed under " The Apprentices and Minors Acts, 1929 to 1959" ; and (b) Produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining the amount of experience he has had at the trade of an electrical mechanic : Provided that any apprentice who has complied with subparagraphs (a) and (b) of this paragraph (1) and who produces to the Board a certificate issued by the Department of Education showing that he has passed the final examination of the Course of Instruction for Electrical Trade Apprentices prescribed under " The Apprentices and Minors Acts, 1929 to 1959," shall be granted a certificate of competency ; (2) (a) Has served an apprenticeship to the trade of electrical mechanic for a lesser period than that prescribed as aforesaid under" The Apprentices and Minors Acts, 1929 to 1959 " ; or (b) Has worked as a junior or improver under the direction of a recognised electrical mechanic and/or as an electrical mechanic outside the State, and in each of such cases (a) and (b) produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining his experience in the trade of an electrical mechanic, which experience must exceed by at least one year the period prescribed as aforesaid under "The Apprentices and Minors Acts, 1929 to 1959" ;
860 Electrical Workers and Contractors Act 11 Euz. II. No. 18, Electrical jointers Electrical linesmen (3) Is the holder of a certificate of competency as an electrical fitter and produces satisfactory evidence of at least one year's experience in the trade work of an electrical fitter, and can satisfy the Board that he has a sufficient knowledge of the trade of electrical mechanic. 8. Any person may apply for a certificate of competency as an electrical jointer, who- (1) (a) Has been employed as an assistant in electrical jointing work for a period of at least two years ; and (b) Produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining the experience he has had in the electrical industry ; or (2) Is the holder of a certificate of competency as an electrical fitter or electrical mechanic and produces evidence of at least three months' experience in the work of an electrical jointer, and produces a certificate from a chartered electrical engineer or a certificated electrical jointer that he can perform the normal plumbing required of an electrical jointer ; or (3) Has been employed outside the State as an electrical jointer as defined under this Act for a period of at least two years and who produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining the experience he has had in the work of an electrical jointer. 9. Any person may apply for a certificate of competency as an electrical linesman, who- (1) (a) Has been employed as a labourer or a tradesman's assistant on overhead electrical line construction or maintenance for a period of at least two years ; and (b) Produces a certificate or certificates from his employer or employers stating that his conduct has been satisfactory and outlining the experience he has had in the electrical industry ; or (2) Is the holder of a certificate of competency as an electrical fitter or electrical mechanic and produces evidence of at least three months' experience on overhead electrical line construction or maintenance, and produces a certificate from a chartered electrical engineer or a certificated electrical linesman that he has had experience for three months working up a pole on dead line work and is suitable for this class of work ; or
1962 Electrical Workers and Contractors Act 861 (3) Has been employed outside the State as an electrical linesman as defined under this Act for a period of at least two years and produces a certificate or certificates from his employer or employers that his conduct has been satisfactory and outlining the experience he has had in the construction and maintenance of overhead electrical lines. For enabling a person to gain, for the purposes of this rule, experience working up a pole on dead line work such work shall be deemed to be not electrical work as defined in this Act if, but only if, it is done by such person as a labourer or tradesman's assistant on overhead electric line construction or maintenance- (a) after he has been so employed for a period or periods aggregating not less than eighteen months ; and (b) he has not worked at such work for a period or periods aggregating more than three months. 10. Any person who applies for a restricted certificate shall Res~ricted produce ev1" dence or prove by examm· ati·on to the satl•s1 c. act1 on of certificates the Board that he is competent to perform the work to be specified in such certificate. 11. (1) Certificates of competency (including restricted certificates) Gra_nting of shall be granted by the Board to every person who satisfies the Board's certificates requirements. Such certificates shall be in or to the effect of the prescribed form. (2) Where the Board is satisfied that a person has qualified both as an electrical fitter (as defined in paragraphs (a) or (b) of the definition electrical fitter in section six of this Act) and as an electrical mechanic, the Board may grant a certificate as an electrician. (3) The Board, or the chairman and one member thereof, on being reasonably satisfied with evidence as to the trade experience and trade knowledge of an applicant for a certificate of competency (including a restricted certificate) may grant to him an interim certificate, valid for a period of not more than six months, to enable him to provide the Board with conclusive evidence of his competence. Such interim certificate shall be in or to the effect of the prescribed form. (4) Every applicant for a certificate of competency (including a restricted certificate) shall, before the issue of a certificate (other than an interim certificate), produce satisfactory evidence that he has been trained in and is qualified to render artificial resuscitation to a person who has stopped breathing or is unconscious as the result of electric shock.
862 Electrical Workers and Contractors Act 11 ELIZ. II. No. 18, 1962 Substantia- tion of claims Dictation test 12. All claims made by any person under rule ten of this Schedule shall be substantiated by original certified references. 13. Subject to the regulations, no person who has not first obtained from the Board in the prescribed manner a certificate that he is able to read and write from dictation not less than fifty words in the English language shall be entitled to apply for or hold a certificate of competency (including a restricted certificate) under this Act. The regulations may make provision- (i) for the examination and granting of certificates of ability to read and write from dictation words in the English language; (ii) for the exemption from the operation of this rule of any person or class of persons to whom for any reason it is not considered necessary to apply the requirement prescribed by this rule.
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