Electricity Amendment Regulations (No. 2) 2007 (WA)

Case
No judgment structure available for this case.
]():1)8 GOVERNMENT GAZETTE, WA 20 March 2007

ENERGY

I:N3o1*

Electricity Act 1945

Criminal Procedure Act 2004

Electricity Amendment Regulations (No. 2) 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Electricity Amendment
Regulations (No. 2) 2007.

2.            The regulations amended

The amendments in these regulations are to the Electricity
Regulations 1947*
[* Reprinted as at 3 October 2000.

For amendments to 16 January 2007 see Western Australian
Legislation Information Tables for 2005, Table 4, and
Gazette 31 March and 31 October 2006]

3.            Regulation 268 amended

Regulation 268 is amended by deleting "the the Coordinator" and inserting instead -

enforcement ".

the Coordinator ".

4.            Regulation 330 amended

Regulation 330 is amended by deleting "to its satisfaction" and inserting instead -

44

to the Director's satisfaction ".

5.            Part XI heading amended

The heading to Part XI is amended by deleting "proceedings" and inserting instead -

20 March 2007 GOVERNMENT GAZETTE, WA 1039

6.            Regulations 342 to 344 and Schedules 1 and 2 inserted

After regulation 341 the following regulations and Schedules are inserted -

342.       Prescribed offences and modified penalties

(1) The offences specified in Schedule 1 are offences for
which an infringement notice may be issued under
Part 2 of the Criminal Procedure Act 2004.
(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.

343.        Authorised officers and approved officers

(1) The Director may, in writing, appoint persons or
classes of persons to be authorised officers or approved
officers for the purposes of Part 2 of the Criminal
Procedure Act 2004.
(2) The Director is to issue to each authorised officer a
certificate of his or her appointment.

344.         Forms

The forms set Out in Schedule 2 are prescribed in relation to the matters specified in those forms.

Schedule 1 - Prescribed offences and

modified penalties

[r. 342]

Offences under Electricity Act 1945 Modified penalty

Individual

Body corporate

s. 25(1)(a), Failing to maintain service apparatus in
52 safe and fit condition ........................................ $4 000
s. 25(1)(b), Failing to take all reasonable precautions to
52 avoid the risk of fire or damage $4000
s.30(7) Failing to comply with order of inspector ...... $500 $2000
s. 33B(2) Selling or hiring, or exposing or advertising
for sale or hire, prescribed appliance
without approval .............................................. $1 000 		$4000
s. 33C(3) Failing to comply with notice prohibiting sale,
hire or use of unsafe or dangerous apparatus ... $1000 		$4000
s. 33F Selling or hiring, or exposing or advertising
for sale or hire apparatus or installation that
does not comply with energy efficiency
labelling regulations ........................................ $500 		$2000
1040 GOVERNMENT GAZETTE, WA 20 March 2007
Offences under Electricity Regulations 1947 Modified penalty
Individual Body

corporate

r. 10

Selling or hiring, or exposing or advertising for sale or hire apparatus or installation that does not comply with energy efficiency

standards .......................................................... $500 $2000
r. 242(1)(b), Supplying electricity without receiving
340 certificate of correct installation and fitting $4000
r. 253(1),
(9)(b) 		Failing to establish and maintain system
of inspection or ensure installation is
individually inspected ..................................... $4 000

r. 253(7)(a), Failing to modify inspection practice when

(9)(b) ordered to do so ............................................... $4 000

r. 253(7)(b), Failing to review inspection practice and

(9)(b) submit revised system plan and policy
statement within required time $4000

r. 253(9)(a) Supplying electricity in contravention

ofs. 253(1) ...................................................... SI 000
r. 316A, Performing vegetation control work in
340 danger zone of overhead power lines .............. $500 S4000
Offences under E1ec1ricit (Licensing) RcI1l(ltio1is 1991 Modified pena ltv

Individual

Body cornorate

r. 19(1) Carrying out electrical work without a
licence or permit .............................................. $500 		$2000
r. 19(2a), Failing to ensure electrical work is checked,
65 tested and certified .......................................... $500 $2000
r. 28(l), 65 Failing to notify Board of change of address.. $250 $1000
r. 33(l), 65 Carrying on business as an electrical
contractor without a licence ............................ $1 000 $4000
r. 34 Knowingly contracting unlicensed person
to do electrical work ........................................ $500 		$2000
r. 35 Falsely representing electrical work to be
carried Out by or on behalf of employer .......... $500 $2000
r. 37(1) Carrying out in-house electrical installing
work without a licence ................................ $1 000 $4000
r. 45(l), 65 Failing to display licence and certificate of
registration at principal place of business ....... $500 $2000
r. 45(l), 65 Failing to include licence number in
advertisement ................................................ $500 $1000
r. 45(2), 65
Failing to notify Board of change of address.. $250 $1000
r. 49(1), (3), Carrying Out, or causing or permitting to be
65

carried Out, electrical work contrary to Wiring or specified standards ...................................... $500

$2000

r. 50(l),65 Failing to effectively supervise the carrying
Out of electrical work ................................... $500 $2000
r. 50A Causing or permitting unsafe wiring or
equipment to be, or to remain, connected ....... $500 $2000
i. 51(1) Failing to deliver preliminary notice within
required time ................................................... $500 		$2000
20 March 2007 GOVERNMENT GAZETTE, WA
Offences under Electricity (Licensing) Regulations 1991 Modified penalty
Individual Both

corporate

r. 52(1) Failing to give notice of completion within
required time .............................................. $500 $2000
r. 52(3) Giving notice of completion in relation
to uncompleted work ..................................... $500 $2000
r. 53(2), 65 Employing, engaging or instructing
unlicensed person to carry out electrical work $500 $2000

r. 54(l),(2) Unauthorised person signing notice of

completion or record of work carried Out .... $500 $2000
r. 57(l), 65 Failing to maintain record of electrical
workers ............................................................ $250 $1000
r. 57(3), 65
Failing to produce record for inspection ......... $500 $2000
r. 58 Failing to produce licence and registration
certificate on request ....................................... $500 $2000
r. 59(1) Giving false information, evidence,
statements etc., personation etc . ......... ...... ... $500 $2000
r. 62, 65
Failing to report defect .................................. $500 $2000
r. 63, 65
Failing to report accident .............................. $500 $2000
Offences under Electricity (Supply Standards and Modified penalty

System Safety) Regulations 2001

Individual

Body corporate

[Failure to comply with these regulations is an offence under r. 46.]
r. 14(2)(a) Failing to give notice before commencing
major activity .................................................. $2 000
r. 14(2)(b) Failing to give quarterly outline of
proposed major activities ................................ $2 000
r. 16 Failing to ensure prescribed activity is
carried out in accordance with specified
standard or code .............................................. $4 000
r. 29 Failing to ensure prescribed activity is
carried Out in accordance with accepted
safety case ....................................................... $4 000
r. 3 0(2) Failing to lodge report in respect of
accepted safety case ........................................ $4 000
r. 33(1) Failing to establish and maintain record
keeping system in relation to accepted
safety case ....................................................... $4 000
r. 3 3(3)
Failing to keep records in required manner $4000
r. 3 3(4)
Failing to keep records for required time $4000
r. 35(1) Failing to notify Director of notifiable
incident within required time .......................... $4 000
r. 36(2) Failing to give report of notifiable incident
within required time ........................................ $2 000
r. 38(1) Failing to ensure site of notifiable incident
is not disturbed ................................................ $4 000
1042 GOVERNMENT GAZETTE, WA 20 March 2007

Schedule 2— Forms

[r. 344]

Form 1 - Infringement notice
Electricity Act 1945 Infringement
Infringement notice notice no.
Alleged Name: Family name
offender Given names
or Company name

ACN

Address

Postcode

Alleged Description of offence
offence CC

Electricity Act 1945 S.
Electricity Regulations 1947 r.
Electricity (Licensing) Regulations 1991 r.

Jiectricily (Supply Standards and System Safety)

Regulations 2001 r.

Date / /20 Time a.m. 1) 111.

Modified penalty $

Officer Name
issuing Signature
notice Office
Date
Date of notice / /20
Notice to It is alleged that you have committed the above offence.
alleged If you do not want to be prosecuted in court for the offence, pay
offender the modified penalty within 28 days after the date of this notice.
By post: Send a cheque or money order (payable to 'Director

of Energy Safety') to:

Director of Energy Safety

[Address]

In person: Pay the cashier at:

Energy Safety

[Address]

If you do not pay the modified penalty within 28 days, you will
be prosecuted or enforcement action will be taken under the
Fines, Penalties and Infringement Notices Enforcement Act 1994.
Under that Act your driver's licence and/or vehicle licence may
be suspended.

If you need more time to pay the modified penalty, you can

apply for an extension of time by writing to the Director of

court, tick this box LI and post this notice to the Director of Energy Safety at the above address within 28 days after the date of this notice.

Energy Safety at the above address.

20 March 2007 GOVERNMENT GAZETTE, WA 104:3

Form 2— Withdrawal of infringement notice

Electricity Act 1945 Withdrawal no.
Withdrawal of infringement notice
Alleged Name: Family name
offender Given names
or Company name

ACN

Address

Postcode

Infringement Infringement notice no.
notice
Date of issue / /20
Alleged Description of offence
offence
Electricity Act 1945 S.
Electricity Regulations 1947 r.
Electricity (Licensing) Regulations 1991 r.
Electricity (Supply Standards and System Safety)

Regulations 2001 r.

Date / /20 Time a.m./p.m.
Officer Name
withdrawing Signature
notice Office
Date
Date of withdrawal / /20
Withdrawal The above infringement notice issued against you has been
of withdrawn.
infringement If you have already paid the modified penalty for the alleged
notice offence you are entitled to a refund.
* Your refund is enclosed.
[*delete or
whichever
is not applicable] * If you have paid the modified penalty but a refund is not

enclosed, to claim your refund sign this notice and post it to:

Director of Energy Safety

[Address]

Signature / /20

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.
Actions
Download as PDF Download as Word Document
Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0