Electricity Industry Acts (Amendment) Act 1998 (Vic)
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purpose 1 2. Commencement 2
PART 2—ELECTRICITY INDUSTRY ACT 1993 3
3. Amendment of section 162 3 4. Prohibited interests 3
PART 3—ELECTRICITY SAFETY ACT 1998 6
5. Principal Act 6 6. Definitions 6 7. Contractors 6 8. New section 41A inserted 6 41A. Responsible person 6 9. Compliance and testing of electrical installation work 7 10. Inspection of electrical installation work 8 11. New sections 45A and 45B inserted 9
45A. Certificates of electrical safety 9 45B. Supply of certificate forms 11
12. Installation of electric lines 14 13. Appeals 14 14. Electric line clearance 15 15. Heading to Part 10 15 16. New Division 1 substituted in Part 10 15 Division 1—Electricity safety managers 15
98. Application for acceptance 15 99. Validation of application 16 100. Consideration of application 17 101. Determination of application 17 102. Acceptance of electricity safety manager 18 103. Provisions relating to acceptance 19 104. Directions of Office 21 105. Compliance audits 21
i
Section Page
106. Revocation or ending of acceptance 22
17. Heading to Division 2 of Part 10 23 18. Electricity safety management scheme 23 19. Exemptions 23 20. New section 114A inserted 24 114A. Compliance audits 24 21. Lapsing of scheme 24 22. New Part 11A inserted 25 PART 11A—INFRINGEMENT NOTICES 25 140A. Definition 25 140B. Power to serve a notice 25 140C. Form of notice 25 140D. Infringement penalties 26 140E. Late payment of penalty 26 140F. Withdrawal of notice 27 140G. Payment expiates offence 27 140H. Payment not to have certain consequences 28
140I. Prosecution after service of infringement notice 28
140J. Enforcement of infringement penalty 29
23. New section 145A inserted 29 145A. Offences under Part 8 29 24. New section 149A inserted 29 149A. Electricity safety managers 29 25. Electricity safety management scheme regulations 30 26. Electric line clearance regulations 31 27. Installation safety 31 28. Equipment safety regulations 31 29. Equipment efficiency regulations 32 30. General regulation-making powers 32
PART 4—STATE ELECTRICITY COMMISSION ACT 1958 33
31. Repeal 33
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NOTES 34
ii
Victoria
No. 89 of 1998
Electricity Industry Acts (Amendment)
Act 1998†
[Assented to 24 November 1998]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purpose
The purpose of this Act is—
(a)
to make further provision about the separation of the generation and distribution sectors of the electricity industry;
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 2
(b)
to make certain amendments to the Electricity Safety Act 1998;
(c)
to repeal certain provisions of the State Electricity Commission Act 1958.
2. Commencement
(1) Parts 1, 2 and 4 come into operation on the day on
which this Act receives the Royal Assent.(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
1999, it comes into operation on that day.
_______________
Electricity Industry Acts (Amendment) Act 1998
| s. 3 | Act No. 89/1998 |
PART 2—ELECTRICITY INDUSTRY ACT 1993
3. Amendment of section 162
(1) In section 162(2)(b) of the Electricity Industry
Act 1993 after "(b)" insert "subject to sub-section
(2AAA),".
(2) After section 162(2A) of the Electricity Industry Act 1993 insert—
"(2AAA) The Office does not have to be satisfied as to
the applicant's technical capacity to comply with the conditions of the licence at the time it is issued if—
(a) the activities specified in the licence are carried out within the next following 12 months; and
(b) such conditions as are determined by
the Office relating to further approval
of the applicant's technical capacity orthe application is granted subject to for the carrying out of the activities.".
4. Prohibited interests
(1) After section 173(6) of the Electricity Industry Act 1993 insert—
"(6A) A person does not hold a prohibited interest within the meaning of sub-section (2), (3) or (4) by reason only of holding an interest in a licensee that is a generation company (not
being a generation company to which a
licence was issued under Part 12 on31 January 1995) if—
(a)
the generation company, in the opinion of the Office, has since the
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 4 commencement of section 4 of the
Electricity Industry Acts
(Amendment) Act 1998, established,
or proposes to establish, a new facility
for the generation of electricity for
supply or sale; and
(b) the Office, having regard to any guidelines prescribed for the purpose of this section, is satisfied that the holding of such an interest would not be likely substantially to lessen competition in a market in which electricity is bought and sold in Victoria, whether or not that market extends beyond Victoria; and (c) the Office certifies in writing that the person does not hold a prohibited interest by reason only of holding that interest. (6B) Sub-section (6A) ceases to have effect on 31 December 2000.
(6C) Despite sub-section (6B), a person does not hold a prohibited interest by reason only of holding an interest to which a certificate
given by the Office before 1 January 2001
applies.".
(2) In section 173(7)(a) of the Electricity Industry
Act 1993, after "the Office" insert ", having regard to any guidelines prescribed for the purposes of this section,".
(3) After section 173(8) of the Electricity Industry Act 1993 insert—
"(9) Without limiting the matters that may be
included in guidelines prescribed for the
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| s. 4 | Act No. 89/1998 |
purposes of this section, the guidelines may
require the Office to take into account—
(a) the actual and potential level of competition in a market in which electricity is bought and sold in Victoria (whether or not that market extends beyond Victoria); (b) the height of barriers to entry to that market; (c) the level of concentration in that market; (d) the degree of countervailing power in that market; (e) the likelihood that the holding of the interest would result in the holder being able to significantly and sustainably increase prices or profit margins; (f) the extent to which substitutes are available in that market or are likely to be available in that market; (g) the dynamic characteristics of that innovation;
(h) interest would adversely affect
the likelihood that the holding of the that market;
(i) the nature and extent of vertical integration in that market.".
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Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 5
PART 3—ELECTRICITY SAFETY ACT 1998
5. Principal Act
In this Part, the Electricity Safety Act 1998 is No. 25/1998. called the Principal Act.
6. Definitions
In section 3 of the Principal Act—
(a) insert the following definitions—
' "accepted electricity safety manager"means a person in respect of whom an
Order of the Governor in Council underDivision 1 of Part 10 is in force;
"relevant function", in Division 1 of
Part 10, means a function under section 31, 40, 55, 56, 58, 60, 61 or 62 or a regulation relating to any of those sections;';
(b)
in the definition of "accepted electricity safety management scheme" before "Part 10" insert "Division 2 of".
7. Contractors
In section 30 of the Principal Act, for paragraphs electrical contracting of that class and holds the prescribed insurance (if any).".
(a) and (b) substitute "registered under this
8. New section 41A inserted
After the heading to Division 3 of Part 3 of the
Principal Act insert—
"41A. Responsible person
Electricity Industry Acts (Amendment) Act 1998
| s. 9 | Act No. 89/1998 |
In this Division a reference to the person who is responsible for the carrying out of electrical installation work is a reference—
(a) to a registered electrical contractor, if engaged to carry out the work; or
(b) to a person in a prescribed class of persons, if that person is engaged to carry out the work; (c) and the work is carried out by a
licensed electrical installation worker
under the supervision of another
licensed electrical installation worker,if paragraphs (a) and (b) do not apply worker who supervised the work;
(d)
if paragraphs (a), (b) and (c) do not apply, to the licensed electrical installation worker who carried out the work.".
9. Compliance and testing of electrical installation work
(1) In section 44(b) of the Principal Act after
"electricity supply" insert ", or if the electrical circuits or electrical equipment handled in the course of that work were not disconnected from
the electricity supply, before the work is first usedafter it is completed".
(2) At the end of section 44 of the Principal Act
insert—
'(2) A licensed electrical installation worker whocarries out electrical installation work must, within 4 business days after the completion of that work—
(a)
complete and sign a compliance certificate in respect of that work; and
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 10
(b)
if the worker is not the person responsible for the carrying out of the work, give to the person who is responsible for the carrying out of the work a signed compliance certificate in respect of that work.
Penalty: 10 penalty units.
(3) A licensed electrical installation worker must
not sign a compliance certificate in relation
to any electrical installation work carried out
by that worker unless the certificate—
(a) describes the work; and
(b)
states that the work complies with this Act and the regulations; and
(c)
contains any other details in relation to the work required by the regulations.
Penalty: 10 penalty units.
(4) In this section "certificate of compliance" means the certificate of compliance part of a certificate of electrical safety form.'.
10. Inspection of electrical installation work
(1) In section 45(1) of the Principal Act after
"electricity supply" insert ", or if the electrical circuits or electrical equipment handled in the course of the work were not disconnected from
the electricity supply, before the work is first used
after it is completed".(2) In section 45(2) of the Principal Act for "the regulations" substitute "this section".
(3) After section 45(2) of the Principal Act insert—
'(3) A licensed electrical inspector who carries
out an inspection of prescribed electrical
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| s. 11 | Act No. 89/1998 |
installation work must within 4 business
days after the completion of that inspection,
give to the person who is responsible for the
carrying out of the work a signed certificate
of inspection in respect of that work.
Penalty: 10 penalty units.(4) A licensed electrical inspector must not sign a certificate of inspection of any prescribed electrical installation work unless the
certificate—
(a) describes the work; and
(b)
states that the inspector has inspected the work;
(c)
states whether or not the work complies with this Act and the regulations; and
(d)
contains any other details in relation to the work required by the regulations.
Penalty: 10 penalty units.
(5) In this section "certificate of inspection" means the certificate of inspection part of a certificate of electrical safety form.'.
11. New sections 45A and 45B inserted
After section 45 of the Principal Act insert—
'45A. Certificates of electrical safety
(1) The person who is responsible for the
carrying out of electrical installation work
must in accordance with this section—
(a)
ensure that a certificate of electrical safety is completed in respect of that work; and
(b) within the required time—
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 11 (i) give the completed certificate of electrical safety in respect of that work to the person for whom the work was carried out; and
(ii) give a copy of that certificate to the Office.
Penalty: 10 penalty units.
(2) A certificate of electrical safety must
contain—
(a) under section 44 for the installation
work by the licensed electricala certificate of compliance completed work; and
(b) installation work, a certificate of
inspection of the installation workin the case of prescribed electrical licensed electrical inspector.
(3) The person who is responsible for the
carrying out of electrical installation work
must not give a certificate of electrical safety
under sub-section (1) unless the certificate
form used is a certificate form supplied to
that person under section 45B.
Penalty: 10 penalty units.(4) A document is not a certificate of electrical
safety unless the certificate form used is a
form that has been supplied by the Office or
a person authorised by the Office.
(5) A certificate of electrical safety may be a periodic certificate covering all electrical installation work (other than prescribed
electrical installation work) for which a
Electricity Industry Acts (Amendment) Act 1998
| s. 11 | Act No. 89/1998 |
person is responsible that is carried out
within a period of 3 months.
(6) In this section the required time—
(a)
in the case of prescribed electrical installation work, is 4 business days after the certificate of inspection of that work is given under section 45(3); and
(b)
in the case of electrical installation work under a periodic certificate of electrical safety, is 4 business days after
the end of the period of 3 months to
which the certificate relates; and(c)
in the case of any other electrical installation work is one month after the certificate of compliance for that work is completed under section 44(2).
45B. Supply of certificate forms
(1) The Office may sell certificate of electrical
safety forms to registered electrical
contractors and licensed electrical
installation workers and prescribed persons.
(2) The Office may authorise a person to sell
certificate of electrical safety forms to
registered electrical contractors and licensed
electrical installation workers and prescribed
persons.
(3) In authorising a person, the Office may
impose any conditions on its authorisation that it thinks appropriate and may change any such condition at any time.
(4) A person authorised by the Office to sell certificate of electrical safety forms—
(a)
must not sell or give a certificate of electrical safety form to a person who is
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 11 not a registered electrical contractor, a licensed electrical installation worker or prescribed person; and
(b)
must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount; and
(c)
must comply with any condition imposed by the Office in granting its authorisation.
Penalty: 20 penalty units.
(5) The Office must not sell a certificate of
electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed
person at a price greater than the authorised
amount.(6) A registered electrical contractor, a licensed electrical installation worker or a prescribed person may authorise a person in writing to buy certificate of electrical safety forms on the contractor's or worker's or prescribed
person's behalf.
(7) A registered electrical contractor, a licensed electrical installation worker or a prescribed person must ensure that only one person has such an authority at any one time.
Penalty: 5 penalty units.
(8) A reference to a registered electrical
contractor or licensed electrical installation
worker or a prescribed person in sub-section
(1), (2), (4) or (5) includes a reference to any
person duly authorised by the registered
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| s. 11 | Act No. 89/1998 |
electrical contractor or licensed electrical
installation worker or prescribed personunder sub-section (6).
(9) If—
(a) the registration of an electrical expires without renewal under this Act; or
(b) worker is suspended, cancelled or
the licence of an electrical installation under this Act—
the contractor or worker must return all
unused certificate of electrical safety forms
purchased under this section to the Office
within 14 days after that suspension,
cancellation, surrender or expiry.Penalty: 10 penalty units.
(10) The Office must refund to an electrical
contractor or electrical installation worker the amount paid under this section by the contractor or worker for any forms returned
under sub-section (9).
(11) If, on the application of a registered
electrical contractor, a licensed electrical or person with a replacement form at no charge.
installation worker or a prescribed person,
the Office is satisfied that a certificate of
electrical safety form supplied to the
contractor, worker or person under this
section is lost or damaged or destroyed, the(12) In this section the authorised amount is—
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 12 (a) the regulations) for a certificate of
electrical safety form relating to$20 (or any other amount specified by or
(b) $500 (or any other amount specified by the regulations) for a periodic certificate of electrical safety form; or (c) $5 (or any other amount specified by the regulations) for any other certificate of electrical safety form. (13) In this section "prescribed person" means a
person in a class of persons prescribed for
the purposes of section 41A(b).'.
12. Installation of electric lines
In section 46(3) of the Principal Act for "must not use that electric line" substitute "must ensure that the electric line is not at any time connected to a
supply network".
13. Appeals
(1) After section 70(2)(a)(iv) of the Principal Act
insert—
"(v) to refuse to supply a certificate of electrical
safety form to a registered electrical
contractor, a licensed electrical installation
worker or a prescribed person under section45B(1); or".
(2) After section 70(6) of the Principal Act insert—
"(7) Nothing in this section permits an appeal to
the Electrical Appeals Board against a
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| s. 14 | Act No. 89/1998 |
decision of an accepted electricity safety
manager under Part 3 or Part 4.".
14. Electric line clearance
(1) In section 86(1) of the Principal Act for "or the relevant distribution company" substitute "or, with the approval of the Office, the relevant
distribution company,".
(2) After section 86(10) of the Principal Act insert—
"(10A) Despite anything to the contrary in this
section, sub-section (1) does not empower the relevant distribution company to give a notice under that sub-section to a
transmission company or to the operator of arailway or tramway system.".
15. Heading to Part 10
In the heading to Part 10 of the Principal Act omit
"SCHEMES".
16. New Division 1 substituted in Part 10
In Part 10 of the Principal Act, for Division 1 substitute—
"Division 1—Electricity safety managers
98. Application for acceptance
(1) A person may apply to the Office for
acceptance as an electricity safety manager
for the purposes of this Act.
(2) An application under sub-section (1) must—
(a)
be in a form approved by the Office; and
(b)
in accordance with the regulations, specify—
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 16 (i) the relevant functions of the sought; and
(ii) the systems and procedures to be followed for the proper exercise of those functions; and
(c) be accompanied by—
(i) any documents required by the Office; and
(ii) the relevant prescribed application
fee.99. Validation of application
(1) The Office may require an applicant under
section 98 to obtain an independent
validation of the application.
(2) The Office may require the validation to
assess—
(a)
the financial viability of the applicant; and
(b)
the capacity of the applicant to exercise the relevant functions of the Office for which acceptance is sought; and
(c)
any aspect of the proposed systems and procedures set out in the application.
(3) The applicant must establish to the
satisfaction of the Office that each person
undertaking the validation of the application
has the necessary competence and ability and
access to information on the applicant and
the application to arrive at an independentopinion on the application.
(4) If the Office requires an applicant to provide
an independent validation of the application,
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| s. 16 | Act No. 89/1998 |
the costs of that validation must be borne by
the applicant.(5) The Office is not required to proceed with
the consideration of an application until the
independent validation is provided.
100. Consideration of application
(1) The Office must publish a notice in a daily
newspaper circulating generally in
Victoria—
(a) specifying that an application for acceptance as an electricity safety manager has been lodged with the Office by the person specified in the notice; and
(b)
setting out the relevant functions of the Office for which acceptance is sought; and
(c)
inviting interested persons to make submissions to the Office in respect of the application within the period and in the manner specified in the notice.
(2) Subject to this Division and any
requirements specified in the regulations made for the purposes of this section, the Office may determine the procedures that are
to apply in respect of the recommendation of
a person for acceptance as an electricitysafety manager.
101. Determination of application
(1) Subject to this section, the Office may recommend, or refuse to recommend, a person for acceptance by the Governor in
Council as an electricity safety manager for any reason it considers appropriate, having
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 16 regard to the objectives specified in section
7.(2) The Office must not recommend a person for
acceptance by the Governor in Council
unless the Office is satisfied that—
(a) the applicant is financially viable; and
(b)
the applicant has the capacity to exercise the relevant functions of the Office for which acceptance is sought.
(3) The Office must notify an applicant in
writing of its decision to recommend, or to
refuse to recommend, the application and, in
the case of a decision to refuse to
recommend the application, of the reasonsfor its decision.
102. Acceptance of electricity safety manager
(1) The Governor in Council, by Order
published in the Government Gazette, may
accept a person recommended by the Office
in accordance with this Division as an
electricity safety manager for the purposes ofthis Act.
(2) The Order must specify—
(a) which of the relevant functions of the Office are to be exercised by the accepted electricity safety manager; and (b) the period of acceptance of the electricity safety manager. (3) Subject to the regulations and the conditions
to which the acceptance is subject, on the
acceptance of an electricity safety manager,
the manager has and may exercise such of
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| s. 16 | Act No. 89/1998 |
the relevant functions of the Office as are
specified in the acceptance Order.
(4) If a relevant function under a provision of
this Act or the regulations is conferred on an accepted electricity safety manager by Order under this section, a reference to the Office
in that provision is deemed to include a
reference to the accepted electricity safety
manager.(5) If a relevant function under section 56 is
conferred on an accepted electricity safety
manager, a reference to the Office in section
54 is deemed to include a reference to the
accepted electricity safety manager.
(6) If a relevant function under section 58 is
conferred on an accepted electricity safety
manager, a reference to the Office in section
57(2) or (3) is deemed to include a reference
to the accepted electricity safety manager.
(7) Nothing in this section or an Order under this
section prevents the Office from exercising any relevant function under this Act or the regulations.
(8) Despite anything to the contrary in this Act
or the regulations, the fees and charges payable to an accepted electricity safety manager in respect of the exercise of a
relevant function are the relevant fees and
charges determined by the accepted
electricity safety manager in accordance with
the acceptance Order rather than theprescribed fees and charges.
103. Provisions relating to acceptance
(1) An acceptance under this Division has effect for such term as is specified in the Order.
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 16 (2) An acceptance is subject to such conditions
as are specified in the Order and the
prescribed conditions.
(3) Without limiting the generality of sub- section (2), the conditions may include provisions—
(a)
requiring the payment to the Office of a bond in accordance with the regulations;
(b)
requiring the accepted electricity safety manager to pay to the Office—
(i) specified fees and charges in electricity safety manager; and
(ii) specified annual fees and charges which may be a percentage of the fees and charges received by the
electricity safety manager in
exercising the relevant functions
authorised by the acceptance
Order;
(c) requiring the accepted electricity safety manager to enter into agreements on specified terms or on terms of a specified type; (d) preventing the accepted electricity
safety manager from engaging in or
undertaking specified business
activities;(e) specifying methods or principles to be applied in the exercise of the relevant functions authorised by the acceptance Order;
(f)
requiring the accepted electricity safety manager to provide, in the manner and
Electricity Industry Acts (Amendment) Act 1998
| s. 16 | Act No. 89/1998 |
| form determined by the Office such information, including financial information, as the Office may from time to time require; |
(g) manager to develop, issue and comply
with specified standards, procedures,
policies and practices relating to therequiring the accepted electricity safety authorised by the acceptance Order.
104. Directions of Office
(1) The Office may give directions in writing to an accepted electricity safety manager.
(2) Without limiting sub-section (1), the Office
may direct an accepted electricity safety
manager to provide the Office in accordance
with the regulations with information
concerning the licences, registrations,
approvals or certifications granted or given
by the accepted electricity safety manager
under this Act.
(3) The accepted electricity safety manager must
comply with the directions of the Office.
Penalty: 50 penalty units.
105. Compliance audits
(1) The Office may require an accepted
electricity safety manager—
(a)
to obtain, at the intervals determined by the Office, independent audits of the manager's compliance with this Act and the regulations and the conditions to which the acceptance is subject; and
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 16
(b) to forward a copy of each audit report to the Office within a time specified by the Office. (2) The accepted electricity safety manager must establish to the satisfaction of the Office that each person undertaking an audit under this
section has the necessary competence and
ability and access to information on the
operations of the manager under this Act and
the regulations to enable an independentaudit to be carried out.
(3) If the Office requires an accepted electricity
safety manager to obtain an independent audit under this section, the costs of that audit must be borne by the manager.
(4) An accepted electricity safety manager must
comply with a requirement of the Office
under this section.
Penalty: 50 penalty units.
106. Revocation or ending of acceptance
(1) If the Office determines that an accepted electricity safety manager—
(a)
has failed to comply with the conditions to which the acceptance is subject; or
(b)
is not exercising the functions of the accepted electricity safety manager in accordance with this Act or the regulations; or
(c)
has failed to comply with a direction under section 104 or a requirement under section 105—
the Office may recommend to the Governor
in Council that the Order accepting the
electricity safety manager be revoked.
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| s. 17 | Act No. 89/1998 |
(2) On the revocation of an Order accepting an
electricity safety manager or, if the period of
acceptance of an electricity safety manager
ends without a further Order of acceptance
of that electricity safety manager having
been made, on the ending of the period of
acceptance of the electricity safety
manager—
(a) a person who was registered or licensed for the purposes of this Act by the electricity safety manager; and (b) equipment that was approved or electricity safety manager—
is deemed to be registered, licensed,
approved or certified by the Office under thisAct.".
17. Heading to Division 2 of Part 10
For the heading to Division 2 of Part 10 of the
Principal Act substitute—
"Division 2—Electricity safety management
schemes".
18. Electricity safety management scheme
(1) In section 107(1)(b) of the Principal Act after
"network operator" insert '("the scheme
operator")'.
(2) In sections 107(2)(a), 111(1)(b) and 114(2) before "prescribed" insert "relevant".
19. Exemptions
In section 113(2) of the Principal Act after
"electrical work" (where secondly occurring)
insert "or from compliance with section 44(2),
45(2), 45(3) or 45A".
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 20
20. New section 114A inserted
After section 114 of the Principal Act insert—
"114A. Compliance audits
(1) The Office may require a scheme operator—
(a) the Office, independent audits of the
operator's compliance with the acceptedto obtain, at the intervals determined by applying to that scheme operator; and
(b) to forward a copy of each audit report to the Office within a time specified by the Office. (2) The scheme operator must establish to the satisfaction of the Office that each person undertaking an audit under this section has
the necessary competence and ability and access to information on the operations of the scheme operator and the accepted
electricity safety management scheme to enable an independent audit to be carried out.
(3) If the Office requires a scheme operator to
obtain an independent audit under this
section, the costs of that audit must be borne
by the scheme operator.
(4) A scheme operator must comply with a
requirement of the Office under this section.
Penalty: 50 penalty units.".
21. Lapsing of scheme
In section 118(1) of the Principal Act after
"section" insert "114A,".
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| s. 22 | Act No. 89/1998 |
22. New Part 11A inserted
After Part 11 of the Principal Act insert—
'PART 11A—INFRINGEMENT NOTICES
140A. Definition
In this Part—
"prescribed offence" means an offence
against section 68(1) or an offence
against a prescribed provision of thisAct or the regulations.
140B. Power to serve a notice
(1) An enforcement officer may serve an
infringement notice on any person that he or
she has reason to believe has committed aprescribed offence.
(2) An infringement notice may be served on a
person—
(a)
by delivering it personally to the person; or
(b)
by sending it by post addressed to the person's last known place of residence or business.
140C. Form of notice
An infringement notice must state—
(a) the date of the notice;
(b)
the provision of this Act or the regulations that creates the offence;
(c)
the nature, and a brief description, of the alleged offence;
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 22
(d) the date, time and place of the alleged offence; (e) the infringement penalty for the alleged offence; (f) the manner in which the infringement penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;
(h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the offence in the
Magistrates' Court;
(j) any other prescribed particulars.
140D. Infringement penalties
The infringement penalty for an offence against a provision of this Act or the regulations is one-tenth of the maximum monetary penalty fixed by that provision.
140E. Late payment of penalty
An enforcement officer may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—
(a)
neither a charge has been filed nor a courtesy letter served under Part 2 of
Electricity Industry Acts (Amendment) Act 1998
| s. 22 | Act No. 89/1998 |
| Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and |
(b)
the infringement notice has not been withdrawn.
140F. Withdrawal of notice
(1) An enforcement officer may withdraw an infringement notice at any time within 28 days after the date on which the notice was
served by serving a withdrawal notice on the
person served with the infringement notice.
(2) A withdrawal notice may be served on a
person—
(a) by delivering it personally to the person; or (b) by sending it by post addressed to the person's last known place of residence or business. (3) An infringement notice may be withdrawn
even if the infringement penalty has been
paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
is, to the necessary extent, appropriated
accordingly.
140G. Payment expiates offence
If an infringement notice is not withdrawn and the infringement penalty is paid within the time for payment stated in the notice or is
accepted in accordance with section 140E,
then—
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 22
(a)
the person on whom the notice was served has expiated the offence by that payment; and
(b)
no proceedings may be taken against that person in respect of that offence; and
(c)
no conviction is to be taken to have been recorded against that person for that offence.
140H. Payment not to have certain consequences
(1) The payment of an infringement penalty
under this Part is not and must not be taken
to be—
(a)
an admission of guilt in relation to the offence; or
(b)
an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.(2) The payment of an infringement penalty
under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for an offence.
140I. Prosecution after service of infringement
notice
A charge may be filed in respect of an offence to which an infringement notice relates if—
(a)
the infringement penalty has not been paid within the time for payment stated in the notice or in accordance with section 140E; or
(b) the notice is withdrawn.
Electricity Industry Acts (Amendment) Act 1998
| s. 23 | Act No. 89/1998 |
140J. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act1989 if—
(a) the infringement notice is an of Schedule 7 to that Act; and
(b) paid within the time stated in the notice
the infringement penalty has not been and
(c) the notice has not been withdrawn; and
(d)
a charge has not been filed in accordance with section 140I.'.
23. New section 145A inserted
In Division 4 of Part 12 of the Principal Act, before section 146, insert—
"145A. Offences under Part 8
Proceedings for an offence against Part 8 may be brought only by the Office.".
24. New section 149A inserted
After section 149 of the Principal Act insert—
"149A. Electricity safety managers
The Governor in Council may make regulations for or with respect to—
(a) the procedures for recommendation of safety managers under Part 10;
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 25
(b) prescribing conditions with which an must comply;
(c) providing for compliance audits of under Part 10;
(d) providing for the keeping of records by an accepted electricity safety manager; (e) providing for the payment of bonds to the Office by an accepted electricity safety manager; (f) regulating and requiring the keeping of safety manager;
(g)
empowering the Office to exempt an accepted electricity safety manager from all or any of the requirements of the regulations made in relation to electricity safety managers.".
25. Electricity safety management scheme regulations
In section 150 of the Principal Act—
(a) for paragraph (b) substitute— "(b) specifying procedures for recommendation of electricity safety management schemes for acceptance under Part 10;";
(b)
for paragraph (d) substitute— "(d) providing for compliance audits of
accepted electricity safety management
schemes;".
Electricity Industry Acts (Amendment) Act 1998
| s. 26 | Act No. 89/1998 |
26. Electric line clearance regulations
After section 151(c) of the Principal Act insert— "(d) requiring responsible persons to prepare and
submit to the Office for approval
management plans relating to compliance
with the Code and requiring compliance withan approved management plan.".
27. Installation safety
After section 152(h) of the Principal Act insert—
"(ha) the notification (including electronicnotification) to be given to the Office of completion of certificates of compliance under section 44 or certificates of inspection
under section 45 or any classes of those
certificates;".
28. Equipment safety regulations
(1) In section 153(b) of the Principal Act after
"equipment" insert ", including the provision of
samples of equipment to the Office for testing andthe disposal of those samples".
(2) In section 153(e) of the Principal Act—
(a)
for "reasonable fees to be charged for" substitute "reasonable fees and charges to be charged for or for the recovery of reasonable costs for"; and
(b)
for sub-paragraphs (i) and (ii) substitute— "(i) testing and examination in connection
with the approval of prescribed
electrical equipment and the
certification of compliance or
acceptance of electrical equipment;(ii) preparation of reports in connection with the approval of prescribed
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 s. 29 electrical equipment and the
certification of compliance or
acceptance of electrical equipment;".
29. Equipment efficiency regulations
In section 154(e) of the Principal Act for
"reasonable fees to be charged for" substitute
"reasonable fees and charges to be charged for orfor the recovery of reasonable costs for".
30. General regulation-making powers
(1) In section 157(1)(b) of the Principal Act after
"circumstances" insert "or to refund amounts paid
to the Office in specified circumstances".
(2) After section 157(2)(a) of the Principal Act
insert—
"(aa) so as to apply generally or to be of limited
application and may differ according to
differences in circumstances;".
_______________
Electricity Industry Acts (Amendment) Act 1998
| s. 31 | Act No. 89/1998 |
PART 4—STATE ELECTRICITY COMMISSION ACT 1958
31. Repeal
| No. 6377. | Sections 15, 15A, 16 and 26A of the State |
| Reprinted as | |
| at 12 February | Electricity Commission Act 1958 are repealed. |
| 1998 and subsequently amended by Nos 25/1998 and 46/1998. |
═══════════════
Electricity Industry Acts (Amendment) Act 1998
Act No. 89/1998 Notes
NOTES
†
Minister's second reading speech—
Legislative Assembly: 22 October 1998
Legislative Council: 12 November 1998
The long title for the Bill for this Act was "to make further amendments
to the Electricity Industry Act 1993 and the State Electricity
Commission Act 1958 and to amend the Electricity Safety Act 1998
and for other purposes."
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