Electricity Amendment Act 1991 (Qld)

Queensland ELECTRICITY AMENDMENT ACT 1991 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amended Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s.6 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s.15 (Appointment of secretary) . . . . . . . . . . . . . . . . . . . . . . . . 3 6 Amendment of s.251 (Contracts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7 Insertion of new Part 9A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 9A—ENERGY EFFICIENCY LABELLING 248A. Application for registration of efficiency label . . . . . . . . . . . . . . . . . . . 5 248B. Efficiency label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 248C. Registration of efficiency label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 248D. Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 248E. Testing of domestic appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 248F. Labelling of domestic appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 248G. Notice of cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 8 Amendment of s.337 (Electrical contractors’ licences) . . . . . . . . . . . . . . . . . . 9 9 Amendment of s.338 (Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 10 Amendment of s.340 (Cancellation or suspension of licence by Board) . . . 10 11 Amendment of s.346 (Employment in electricity supply industry defined) . 10 12 Amendment of s.375 (Actuarial investigation of the Scheme) . . . . . . . . . . . 11 13 Amendment of s.382 (Stealing electricity) . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14 Amendment of s.443 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Queensland Electricity Amendment Act 1991 Act No. 84 of 1991 An Act to amend the Electricity Act 1976 , and for other purposes [Assented to 11 December 1991]

2 Electricity Amendment No. 84, 1991 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. Short title 1. This Act may be cited as the Electricity Amendment Act 1991 . Commencement 2. Section 11 commences on a day to be fixed by proclamation. Amended Act 3. The Electricity Act 1976 is amended as set out in this Act. Amendment of s.6 (Interpretation) 4.(1) Section 6— insert — ‘ “corresponding law” means a law of another State or of a Territory declared by regulation to be a corresponding law for the purposes of this definition; “domestic appliance” means an electrical article— (a) designed or intended to be sold for domestic use; and (b) declared by regulation to be a domestic appliance for the purposes of this definition; “efficiency label” means a label containing details of the energy consumption rate and energy efficiency rating of a domestic appliance; “energy consumption rate” , in relation to a domestic appliance, means the rate at which energy is consumed by the appliance calculated, and expressed, in the manner determined by regulation; “energy efficiency rating” , in relation to a domestic appliance, means the rating of energy efficiency applicable to the appliance as determined by regulation;

3 Electricity Amendment No. 84, 1991 “holder” , in relation to a registered label, means the person in relation to whom the label is registered; “industrial workplace” means premises registered as an industrial workplace under the Workplace Health and Safety Regulation 1989 ; “registered efficiency label” means an efficiency label registered under Part 9A; ’. (2) Section 6 (paragraph (a) of definition “electrical work” )— omit , insert — ‘ (a) manufacturing, assembling or repairing electrical articles at an industrial workplace if the principal manufacturing process carried on at the workplace is the making, assembling, altering, repairing or adapting of electrical articles; ’. Amendment of s.15 (Appointment of secretary) 5.(1) Section 15(6)— omit , insert — ‘(6) The Commissioner may direct an employee of the Commission to exercise the powers and perform the functions of the secretary— (a) during a vacancy in the office of secretary; or (b) during any period, or during all periods, when the secretary is absent from duty or from the State or is, for any other reason, unable to exercise the powers or perform the functions. ‘(7) The direction must be in writing and signed by the Commissioner. ‘(8) While the direction is in force, the employee has the powers and functions of the secretary. ’. (2) For the purposes of the Electricity Act 1976 — (a) the Commissioner is taken to have always had the power to give a direction under section 15(6) of that Act as amended by this Act in relation to a vacancy in the office of secretary; and (b) an employee acting under a direction given before the commencement of this Act is taken to have had the powers and functions of the secretary.

4 Electricity Amendment No. 84, 1991 Amendment of s.251 (Contracts) 6.(1) Section 251(9)— omit — ‘ by public notice published in such newspaper or newspapers and in such manner and to such extent as in the opinion of the Electricity Board will ensure that the notification of intention to enter into a contract is likely to be seen by as many people as possible who are likely to tender ’, insert ‘ by notice published in a newspaper ’. (2) Section 251(10)(e)— omit , insert — ‘ (e) if the Electricity Board takes the following steps— (i) by notice published in a newspaper, invites persons having an interest in tendering for the proposed contract to register their interest with the Board; and (ii) selects, as prospective tenderers, from persons registering an interest, the persons who the Electricity Board is satisfied have the ability and capacity to satisfactorily complete the proposed contract; and (iii) seeks tenders from the persons selected; ’. (3) At the end of section 251— insert — ‘(15) An Electricity Board may cause a notice mentioned in subsection (9) or (10)(e) to be published as often, and in a newspaper circulating in such area, as the Electricity Board determines is appropriate in the circumstances. ’. Insertion of new Part 9A 7. After section 284— insert —

5 Electricity Amendment No. 84, 1991 ‘PART 9A—ENERGY EFFICIENCY LABELLING ‘Application for registration of efficiency label ‘284A.(1) An application for the registration of an efficiency label in relation to a class of domestic appliances may be made to the Commission— (a) if the application relates to a domestic appliance that is a prescribed electrical article for the purposes of Part 9—by the person who is the registered declarant, within the meaning of section 266(2), in relation to the article; or (b) if the application relates to a domestic appliance that is a prescribed electrical article for which a declaration of compliance has been lodged under section 263—by the person by whom the declaration was lodged; or (c) if the application relates to a domestic appliance in relation to which an application for a certificate of suitability has been made, or a certificate of suitability has been issued, under Part 9—by the person who is the applicant for, or the holder of, the certificate; or (d) if the application relates to a class of domestic appliances in relation to which registration of an efficiency label has been cancelled—by a person carrying on business involving the sale of domestic appliances of the class. ‘(2) The application must comply with the requirements prescribed by regulation. ‘(3) For the purposes of subsection (1)— (a) a class of domestic appliances may be determined by reference to the model or type of the appliances or by any other means; and (b) an application relates to a domestic appliance if the appliance is included in the class of appliances to which the application relates.

6 Electricity Amendment No. 84, 1991 ‘Efficiency label ‘284B. The efficiency label to which an application relates must— (a) be in a form approved by the Commission; and (b) specify the energy consumption rate and the energy efficiency rating, as determined by the applicant, of domestic appliances included in the class of appliances to which the application relates; and (c) contain such other details as are prescribed by regulation. ‘Registration of efficiency label ‘284C.(1) If— (a) an application for the registration of an efficiency label is made to the Commission; and (b) the Commission is satisfied that the class of domestic appliances to which the application relates is intended to apply only to appliances made, or purportedly made, to the same design and specifications; the Commission must register the label in relation to the class. ‘(2) If an application for the registration of an efficiency label is made by— (a) a person mentioned in section 284A(1)(a), (b) or (c); and (b) a person mentioned in section 284A(1)(d); in relation to the same class of domestic appliances, the Commission is not required to register the label in relation to the application made by the person mentioned in section 284A(1)(d). ‘(3) Registration of the label is to be effected in the manner prescribed by regulation. ‘(4) When the label is registered, the label is taken to be the registered efficiency label for each domestic appliance included in the class of appliances to which the label relates.

7 Electricity Amendment No. 84, 1991 ‘Cancellation of registration ‘284D.(1) The Commission may cancel the registration of an efficiency label relating to a class of domestic appliances if— (a) the Commission is satisfied that— (i) the energy consumption rate of an appliance of the class is higher than the energy consumption rate specified on the label; or (ii) the energy efficiency rating of an appliance of the class is less than the energy efficiency rating specified on the label; or (b) the holder of the label fails to comply with a direction given to the holder under section 284E; or (c) the holder of the label so requests; or (d) the appliances are prescribed electrical articles in respect of which registration has been cancelled under section 268A. ‘(2) The Commission must not cancel the registration of an efficiency label on a ground mentioned in subsection (1)(a), (b) or (d) unless— (a) the Commission has requested the holder of the label to make representations to it for the purpose of showing cause why the registration should not be cancelled; and (b) the period for making representations has ended and— (i) no representations have been made; or (ii) if representations have been made—the Commission has had regard to the representations. ‘(3) The request must— (a) be in writing; and (b) contain full particulars of the facts and circumstances on which the Commission has formed the opinion that the ground for cancellation exists; and (c) specify the period within which the representations are to be made, being a period of not less than one month after the request is given. ‘(4) The representations must be made in writing.

8 Electricity Amendment No. 84, 1991 ‘(5) If the Commission— (a) cancels the registration of an efficiency label; or (b) following the making of representations to it, decides not to cancel the registration of an efficiency label; the Commission must give written notice of its decision to the person to whom the request under subsection (2)(a) was given. ‘Testing of domestic appliances ‘284E.(1) The Commission may direct the holder of a registered efficiency label to make available for testing a domestic appliance of the class of appliances to which the label relates for the purpose of determining the energy consumption rate and energy efficiency rating of the appliance. ‘(2) The direction must— (a) be in writing; and (b) specify the period within which the appliance is to be made available, being a period of not less than one month after the direction is given; and (c) specify the place at which the appliance is to be made available. ‘Labelling of domestic appliances ‘284F.(1) A person must not sell or hire, or offer, expose or advertise for sale or hire, a domestic appliance— (a) unless— (i) there is a registered efficiency label for the appliance; and (ii) there is affixed to the appliance, in the manner prescribed by regulation, a label that corresponds with the registered label; or (b) unless the appliance is labelled under the authority, and in accordance with the requirements, of a corresponding law. Maximum penalty—8 penalty units. ‘(2) Subsection (1) does not apply to second-hand domestic appliances.

9 Electricity Amendment No. 84, 1991 ‘Notice of cancellation ‘284G.(1) A person to whom notice of cancellation of registration of an efficiency label has been given under section 284D(5) must immediately give written notice of the cancellation to each person to whom the person has sold domestic appliances of the class to which the label relates. Maximum penalty—8 penalty units. (2) Subsection (1) does not apply to a person if— (a) the cancellation of registration was made on the ground mentioned in section 284D(1)(d); or (b) the domestic appliances were sold— (i) more than 12 months before the person received the notice of cancellation; or (ii) by retail. ’. Amendment of s.337 (Electrical contractors’ licences) 8.(1) Section 337(5A)(b)(ii)— omit , insert — ‘(ii) that the employee satisfies the requirements mentioned in subsection (2)(a) and (b); and (iii) that the employee is competent to carry out the electrical installation work. ’. (2) After section 337(7)— insert — ‘(8) For the purposes of subsections (3)(b) and (5A)(b)(iii), the Board may require the person to undertake an oral, written or practical test determined by the Board. ’.

10 Electricity Amendment No. 84, 1991 Amendment of s.338 (Exemptions) 9. Section 338(1)(c)— omit , insert — ‘ (c) from carrying on business as a manufacturer of electrical articles at an industrial workplace; ’. Amendment of s.340 (Cancellation or suspension of licence by Board) 10. Section 340(1)(c)— omit , insert — ‘ (c) that the holder— (i) has failed to give a notification under section 175(4)(b); or (ii) has unduly delayed rectifying or having rectified a fault found as a result of an inspection under this Act in any electrical work done by the holder or a person employed by the holder; ’. Amendment of s.346 (Employment in electricity supply industry defined) 11. Section 346(1) and (2)— omit , insert — ‘(1) For the purposes of this Act, each of the following persons is a person employed in (and in the service of) the electricity supply industry— (a) the Commissioner, the Deputy Commissioner and the secretary to the Commission; and (b) the General Manager of, and the secretary to, an Electricity Board; and (c) a person employed in a part-time or full-time capacity by— (i) the Commission; or (ii) an Electricity Board; and (d) a person, or a person included in a class of persons, prescribed by regulation. ’.

11 Electricity Amendment No. 84, 1991 Amendment of s.375 (Actuarial investigation of the Scheme) 12.(1) Section 375(1)— omit ‘ five years ’ (second occurring) , insert ‘ 3 years ’. (2) Section 375(2)— omit ‘ five years ’, insert ‘ 3 years ’. Amendment of s.382 (Stealing electricity) 13. At the end of section 382— insert — ‘(2) In proceedings for an offence of stealing electricity, the electricity is presumed to have been provided under this Act unless the contrary is proved. ’. Amendment of s.443 (Regulations) 14. After section 443(1)(f)— insert — ‘ (fa) the keeping of a register for registering efficiency labels; (fb) in relation to registered efficiency labels— (i) the period for which labels may be registered; and (ii) the procedure for transferring registration of the labels; and (iii) the circumstances and manner in which details of registration of the labels may be altered; ’. The State of Queensland 1991