Electricity Amendment Regulation (No. 3) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 180 Electricity Act 1994 ELECTRICITY AMENDMENT REGULATION (No. 3) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of s 67 (Grounds for disciplinary action against holder of electrical worker’s licence or permit) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Amendment of s 68 (Grounds for disciplinary action against licensed electrical contractor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Insertion of new div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Division 3A—Installation of safety switches in domestic residences 157B Definitions for div 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 157C Notice to transferee about approved safety switch . . . . . . . . . . . . . . 4 157D Notice to regulator about approved safety switch and other matters. 5 157E Installation of approved safety switch in particular residences . . . . . 6 157F Performing electrical installation work for domestic residences. . . . 6 7 Amendment of sch 8 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

s1 2 s6 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 1 Short title This regulation may be cited as the Electricity Amendment Regulation (No. 3) 2002 . 2 Commencement This regulation commences on 1 September 2002. 3 Regulation amended This regulation amends the Electricity Regulation 1994. 4 Amendment of s 67 (Grounds for disciplinary action against holder of electrical worker’s licence or permit) (1) Section 67— insert— ‘(ab)if the holder is a licensed electrical mechanic with an approval under section 32(2)(a)—the holder has performed electrical installation work in contravention of section 157F;’. (2) Section 67(ab) to (d)— renumber as section 67(b) to (e). 5 Amendment of s 68 (Grounds for disciplinary action against licensed electrical contractor) (1) Section 68(1)— insert — ‘(ab)the contractor, or an employee of the contractor, has performed electrical installation work in contravention of section 157F;’. (2) Section 68(1)(ab) to (k)— renumber as section 68(1)(b) to (l). 6 Insertion of new div 3A Chapter 3, part 3—

s6 3 s6 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 insert — ‘Division 3A—Installation of safety switches in domestic residences ‘157B Definitions for div 3A ‘In this division— “approved safety switch” means a residual current device that— (a) is Queensland or externally approved within the meaning of the Electricity(ElectricalArticles)Regulation1994 , section 7(1) or 8(1); and (b) has a rated residual current of not more than 30mA. “chief executive (land)” means the chief executive of the department in which the Land Act 1994 is administered. “combined form” means a form that— (a) gives the information required under section 157D(1) and information about a change of ownership required under other Acts; and (b) may be given to the chief executive (land) or the registrar. “date of possession” , for residential land, means the date the transferee of the land enters into possession of the land. “domestic residence” means a building or structure, or a part of a building or structure, that— (a) is used, or designed to be used, as a single dwelling; and Examples for paragraph (a) — 1. Dwelling house. 2. Flat. (b) is not used, or designed to be used, for temporary accommodation. Examples of temporary accommodation for paragraph (b) — 1. Boarding house. 2. Motel. “general purpose socket-outlet” means a low voltage socket-outlet that— (a) has a rating of 10 A; and

s6 4 s6 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 (b) is designed to fit a three-pin flat-pin plug that complies with the relevant standard for the plug; and (c) is used, or intended to be used, for more than 1 appliance. “registrar” see the Land Title Act 1994 , schedule 2. “relevant standard” see the Electricity(ElectricalArticles)Regulation 1994, section 6. “residential land” means land on which a domestic residence is constructed, and includes an interest in residential land. “transfer date” , for residential land, means the date the transferee of the land is entitled to possession of the land. “transferee” , of residential land, means the person entitled on the transfer date for the land to lodge an application for registration— (a) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or (b) under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land. “transferor” , of residential land, means the person registered, immediately before the transfer date for the land— (a) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or (b) under the LandTitleAct1994, as an owner, or the personal representative of an owner, of the land. ‘157C Notice to transferee about approved safety switch ‘ (1) The transferor of residential land must, on or before the date of possession for the land, give the transferee of the land written notice of whether an approved safety switch has been installed for the general purpose socket-outlets installed in the domestic residence on the land. Maximum penalty—15 penalty units. ‘ (2) However, subsection (1) does not apply if— (a) the transferor became transferor of the residential land under an agreement to transfer the land; and (b) the date of the agreement is before 1 September 2002.

s6 5 s6 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 ‘ (3) The transferor must not state anything in the notice that the transferor knows is false or misleading in a material particular. Maximum penalty—15 penalty units. ‘157D Notice to regulator about approved safety switch and other matters ‘ (1) The transferor of residential land must, within 90 days after the date of possession for the land, give the regulator a written notice stating— (a) the full name of the transferor and transferee; and (b) the address of the transferor and transferee immediately after the date of possession for the land; and (c) the property details of the land; and (d) the current use of the land; and (e) if there is an agreement for the transfer of the land—the date of the agreement; and (f) the date of possession for the land; and (g) whether an approved safety switch has been installed for the general purpose socket-outlets installed in the domestic residence on the land; and (h) whether the transferor has given the transferee written notice of whether an approved safety switch has been installed for the general purpose socket-outlets installed in the domestic residence on the land. Maximum penalty—15 penalty units. ‘ (2) However, subsection (1) does not apply if— (a) the transferor became transferor of the residential land under an agreement to transfer the land; and (b) the date of the agreement is before 1 September 2002. ‘ (3) Also, the transferor is not required to comply with subsection (1) if a properly completed combined form, together with an application for registration is given to— (a) for an application for registration under the Land Act 1994 —the chief executive (land); or

s6 6 s6 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 (b) for an application for registration under the LandTitleAct 1994 —the registrar. ‘ (4) The regulator may use only the information on the combined form that relates to the information required to be included in a notice under subsection (1). ‘157E Installation of approved safety switch in particular residences ‘(1) This section applies if— (a) the date of possession for residential land is on or after 1 September 2002; and (b) a general purpose socket-outlet was installed in the domestic residence on the land before 1 June 1992; and (c) an approved safety switch has not been installed for the general purpose socket-outlet. ‘(2) The owner of the land must, within 3 months after the date of possession, have an approved safety switch installed for the general purpose socket-outlet. Maximum penalty—15 penalty units. ‘(3) In this section— “owner” , of residential land, means the person registered or entitled to be registered, immediately after the transfer date for the land— (a) under the Land Act 1994 , as a lessee, or personal representative of a deceased lessee, of the land; or (b) under the LandTitleAct1994, as an owner, or the personal representative of an owner, of the land. ‘157F Performing electrical installation work for domestic residences ‘A licensed electrical worker must not perform electrical installation work on an electrical installation installed in a domestic residence unless— (a) an approved safety switch has been installed for the general purpose socket-outlets installed in the residence; or (b) if an approved safety switch has not been installed for the general purpose socket-outlets installed in the residence—

s7 7 s7 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 (i) the work is or includes the installation of an approved safety switch for the general purpose socket-outlets installed in the residence; or (ii) the worker reasonably believes installation of an approved safety switch for the general purpose socket-outlets installed in the residence is not required under this regulation; or (iii) the work is the connection of the residence to a supply of electricity; or (iv) the work is needed to be performed without delay in an emergency, to prevent an emergency from happening or for safety reasons.’. 7 Amendment of sch 8 (Dictionary) Schedule 8— insert— ‘ “approved safety switch” , for chapter 3, part 3, division 3A, see section 157B. “chief executive (land)” , for chapter 3, part 3, division 3A, see section 157B. “combined form” , for chapter 3, part 3, division 3A, see section 157B. “date of possession” , for chapter 3, part 3, division 3A, see section 157B. “domestic residence” , for chapter 3, part 3, division 3A, see section 157B. “general purpose socket-outlet” , for chapter 3, part 3, division 3A, see section 157B. “registrar” , for chapter 3, part 3, division 3A, see section 157B. “relevant standard” , for chapter 3, part 3, division 3A, see section 157B. “residential land” , for chapter 3, part 3, division 3A, see section 157B. “transfer date” , for chapter 3, part 3, division 3A, see section 157B. “transferee” , for chapter 3, part 3, division 3A, see section 157B. “transferor” , for chapter 3, part 3, division 3A, see section 157B.’.

8 Electricity Amendment Regulation (No. 3) 2002 No. 180, 2002 ENDNOTES 1. Made by the Governor in Council on 11 July 2002. 2. Notified in the gazette on 12 July 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Energy. © State of Queensland 2002