Electricity Legislation Amendment Regulation (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 245 Electricity Act 1994 ELECTRICITY LEGISLATION AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 PART 2—AMENDMENT OF ELECTRICITY REGULATION 1994 3 Regulation amended in pt 2 and sch 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 4 Replacement of ss 2 and 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 Purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 5 Amendment of s 4 (How purposes are to be achieved) . . . . . . . . . . . . . . . . . 6 6 Amendment of s 5 (Words have the same meaning as in wiring rules) . . . . 6 7 Insertion of new s 5A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 5A Way of describing electrical articles and appliances . . . . . . . . . . . . . 7 8 Amendment of s 115 (Maintenance of works) . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 157 (Customer’s electrical installation and publicly controlled place) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 10 Replacement of s 227 (Meter accuracy test at customer’s request). . . . . . . . 8 227 Meter accuracy test at customer’s request . . . . . . . . . . . . . . . . . . . . . 8 11 Amendment of s 230 (Report about test results). . . . . . . . . . . . . . . . . . . . . . 9 12 Replacement of ss 231 and 232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 231 Refund and adjustment if inaccuracy. . . . . . . . . . . . . . . . . . . . . . . . . 9

2 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 232 Referral of tested meter to regulator . . . . . . . . . . . . . . . . . . . . . . . . . 10 13 Amendment of s 233 (Inspection and test after referral). . . . . . . . . . . . . . . . 10 14 Replacement of s 234 (Refund and adjustment after test under s 233). . . . . 11 234 Refund and adjustment after test under s 51 . . . . . . . . . . . . . . . . . . . 11 15 Amendment of s 235 (Using testing instruments). . . . . . . . . . . . . . . . . . . . . 11 16 Amendment of s 239 (Owner to provide space for substation). . . . . . . . . . . 12 17 Amendment of s 248TE (Contestable customers in NorthPower’s area) . . . 12 18 Insertion of new ch 5B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 CHAPTER 5B—ENERGY EFFICIENCY AND PERFORMANCE OF ELECTRICAL EQUIPMENT PART 1—MINIMUM ENERGY EFFICIENCY AND PERFORMANCE Division 1—Registration 298FA Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 298FB Requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 298FC Minimum energy efficiency and performance criteria . . . . . . . . . . . 14 298FD Notice of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 298FE Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 298FF Change of name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 298FG Changing energy efficiency label identifying electrical equipment . 15 298FH Refusal to change energy efficiency label . . . . . . . . . . . . . . . . . . . . . 16 298FI Notice of change to energy efficiency label. . . . . . . . . . . . . . . . . . . . 16 Division 2—Transfer and cancellation of registration 298FJ Transfer of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 298FK Notice of transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 298FL Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 298FM Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 298FN Notice, by holder, of cancellation of registration . . . . . . . . . . . . . . . 18 Division 3—Energy efficiency label 298FO Energy efficiency label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Division 4—Register 298FP Register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 298FQ Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

3 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 PART 2—TESTING AND TEST REPORTS Division 1—Preliminary 298FR Testing of prescribed electrical equipment . . . . . . . . . . . . . . . . . . . . 19 298FS Test reports. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Division 2—Check testing 298FT Requirement by regulator to make available prescribed electrical equipment for testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 298FU What happens if check testing shows noncompliance . . . . . . . . . . . 21 298FV What happens if check testing shows compliance . . . . . . . . . . . . . . 21 298FW Return of equipment made available to the regulator. . . . . . . . . . . . 21 PART 3—OFFENCES 298FX Part does not apply to second-hand prescribed electrical equipment 22 298FY Prescribed electrical equipment in sch 4, pt 1 must be registered and labelled ....................................... 22 298FZ Prescribed electrical equipment in sch 4, pt 2 must be registered . . . 23 298FZA Prescribed electrical equipment in sch 4, pt 3 must be registered and may be labelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 298FZB Representations about 3-phase cage induction motors . . . . . . . . . . 23 19 Amendment of s 340 (Exemption about certain mines and petroleum plant) 24 20 Amendment of s 342 (Definitions for div 2) . . . . . . . . . . . . . . . . . . . . . . . . . 24 21 Amendment of s 342E (Preliminary consumption estimate) . . . . . . . . . . . . 25 22 Amendment of s 342J (Maximum charge for metered supply). . . . . . . . . . . 26 23 Replacement of s 342L (Periodic consumption estimates) . . . . . . . . . . . . . . 26 342L Periodic consumption estimates. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 24 Amendment of s 342M (Annual audited statements) . . . . . . . . . . . . . . . . . . 26 25 Insertion of new ch 8, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 3A—DECLARED CONSTRUCTING AUTHORITIES 345A Declared constructing authorities . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 26 Insertion of new ch 8, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 6—TRANSITIONAL PROVISIONS FOR ELECTRICITY LEGISLATION AMENDMENT REGULATION (No. 1) 2002 350A Electric lines installed or operated before 1 October 2002 . . . . . . . . 28 351 Existing registrations of items of prescribed electrical equipment . . 28

4 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 352 Existing approvals, notices, decisions and requirements given or made by regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 353 Existing applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 354 Unfinished appeals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 27 Amendment of sch 3B (Special approval holders treated as electricity entities) 29 28 Insertion of new sch 3C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 SCHEDULE 3C PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS 29 Replacement of schs 4–8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 SCHEDULE 4 REVIEW OF DECISIONS BY THE REGULATOR SCHEDULE 5 APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT SCHEDULE 6 APPEALS AGAINST ADMINISTRATIVE DECISIONS TO INDUSTRIAL MAGISTRATES SCHEDULE 7 FEES SCHEDULE 8 DICTIONARY 30 Renumbering of regulation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 PART 3—REPEAL OF ELECTRICITY (ELECTRICAL ARTICLES) REGULATION 1994 31 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 42 MINOR AMENDMENTS AND CONSEQUENTIAL AMENDMENTS FOR ELECTRICAL SAFETY REGULATION 2002 SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 55 RENUMBERING OF PROVISIONS

s1 5 s4 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 PART 1—PRELIMINARY 1 Short title This regulation may be cited as the Electricity Legislation Amendment Regulation (No. 1) 2002 . 2 Commencement This regulation commences on 1 October 2002. PART 2—AMENDMENT OF ELECTRICITY REGULATION 1994 3 Regulation amended in pt 2 and sch 1 This part and schedule 1 amend the Electricity Regulation 1994. 4 Replacement of ss 2 and 3 Sections 2 and 3— omit, insert — ‘2 Definitions ‘The dictionary in schedule 9 defines particular words used in this regulation. ‘3 Purposes ‘The main purposes of this regulation are to— (a) ensure a secure, efficient and economic supply of electricity to customers on fair and reasonable terms; and (b) ensure customers’ interests are adequately protected; and (c) provide for the proper measurement of the energy efficiency and performance of electrical equipment; and

s5 6 s7 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (d) inform the public about the energy efficiency and performance of electrical equipment; and (e) prescribe certain conditions of employment for employees in the GOE industry.’ . 5 Amendment of s 4 (How purposes are to be achieved) (1) Section 4(a), (b) and (d)— omit. (2) Section 4(c), from ‘works,’ to ‘installations’— omit , insert— ‘works’. (3) Section 4— insert— ‘(fa) setting standards and procedures for measuring energy efficiency and the performance of electrical equipment; and (fb) providing for the registration and labelling of electrical equipment; and’. (4) Section 4(c) to (i)— renumber as section 4(a) to (h). 6 Amendment of s 5 (Words have the same meaning as in wiring rules) Section 5(2)— omit, insert — ‘ (2) However, for this regulation, the expression ‘point of supply’ in the wiring rules has the same meaning as ‘consumers terminals’ has in this regulation.’. 7 Insertion of new s 5A Chapter 1— insert —

s8 7 s9 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘5A Way of describing electrical articles and appliances ‘An electrical article or appliance or type of electrical article or appliance may be described by reference to its model or in any other way.’. 8 Amendment of s 115 (Maintenance of works) Section 115, ‘electrically and mechanically safe’— omit, insert — ‘in good working order and condition’. 9 Amendment of s 157 (Customer’s electrical installation and publicly controlled place) (1) Section 157, heading— omit, insert— ‘157 Installation and operation of electric line beyond person’s property’. (2) Section 157(1)— omit, insert — ‘ (1) A person may install and operate, on a place beyond the person’s property (including on a publicly controlled place), a low voltage electric line forming part of the person’s electrical installation if— (a) the person has consulted with all entities who may have an interest in the proposed location of the electric line; and (b) the entities have stated in writing that they have no objection to the installation or operation of the electric line; and (c) the installation and operation of the electric line is not likely to cause a fire or a person to suffer an electric shock.’. (3) Section 157(2)(b)— omit, insert — ‘(b) for a publicly controlled place—the local government or other entity with responsibility for the place; and (c) for a place other than a publicly controlled place—the owner and each lessee or occupier of the place.’.

s 10 8 s 10 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (4) Section 157(4), ‘customer’s’— omit, insert — ‘person’s’. (5) Section 157(4), ‘publicly controlled’— omit . (6) Section 157(4) to (6), ‘customer’— omit, insert — ‘person’. 10 Replacement of s 227 (Meter accuracy test at customer’s request) Section 227— omit, insert — ‘227 Meter accuracy test at customer’s request ‘ (1) A customer may ask the retail entity for the accuracy of the distribution entity’s meter installed on the customer’s premises to be tested. ‘ (2) The retail entity may require the request to be written. ‘ (3) The retail entity may require the customer to pay to the retail entity before testing— (a) a charge for electricity or another amount owing by the customer to the retail entity for customer retail services; and (b) the prescribed test fee for each meter to be tested. ‘ (4) On receipt of the request and any payment required under subsection (3), the retail entity must— (a) ask the distribution entity to test the accuracy of the distribution entity’s meter installed on the customer’s premises; and (b) pay to the distribution entity the amount of any prescribed test fee for the test. ‘ (5) The meter must be tested where it is installed. ‘ (6) However, for high voltage or current transformer metering, the meter may be taken away for testing at a place decided by the distribution entity.

s 11 9 s 12 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘ (7) The distribution entity must advise the retail entity when and where the test is to be performed. ‘ (8) The retail entity must advise the customer when and where the test is to be performed. ‘ (9) The customer or retail entity, or that person’s nominee, may be present during the test.’. 11 Amendment of s 230 (Report about test results) (1) Section 230(1), ‘227’— omit, insert— ‘45’. (2) Section 230(1), ‘customer or’— omit . (3) Section 230(2), from ‘If’ to ‘the retail’— omit, insert — ‘The retail’. 12 Replacement of ss 231 and 232 Sections 231 and 232— omit, insert— ‘231 Refund and adjustment if inaccuracy ‘ (1) If a test under section 45 shows the meter is registering incorrectly, the distribution entity must— (a) refund to the retail entity the amount paid by the retail entity under section 45(4)(b) for the test; and (b) adjust the previous relevant accounts for customer connection services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. ‘ (2) The retail entity must— (a) refund to the customer any prescribed test fee paid by the customer for the test; and

s 13 10 s 13 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (b) adjust the previous relevant accounts for customer retail services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. ‘232 Referral of tested meter to regulator ‘ (1) This section applies if the customer receives the results of a test on a meter from a retail entity under section 48. ‘ (2) The customer may by written notice within 7 days require the retail entity to refer the issue to the regulator for an inspection and test of the meter by a competent person ( “competent person” ) who is not an employee of the distribution entity. ‘ (3) The customer must pay the prescribed fee to the retail entity before the inspection and test. ‘ (4) On receiving the notice and prescribed fee, the retail entity— (a) must refer the issue and give the fee to the regulator; and (b) must advise the distribution entity of the referral. ‘ (5) The distribution entity must not interfere with the meter until the inspection and test by the competent person is finished.’. 13 Amendment of s 233 (Inspection and test after referral) (1) Section 233(1)— omit, insert— ‘ (1) On referral of an issue under section 50 and receipt of the prescribed fee, the regulator must— (a) arrange for a competent person to inspect and test the meter; and (b) give written notice of the test results to the retail entity, distribution entity and customer.’. (2) Section 233(2), from ‘If’ to ‘the retail’— omit, insert— ‘The retail’.

s 14 11 s 15 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 14 Replacement of s 234 (Refund and adjustment after test under s 233) Section 234— omit, insert — ‘234 Refund and adjustment after test under s 51 ‘ (1) If a test under section 51 shows the meter is registering incorrectly by a margin substantially greater than the original test showed, the distribution entity must— (a) refund to the retail entity the amount of any prescribed test fee paid by the customer under section 45 for the original test that is not already refunded; and (b) refund to the retail entity the amount of the prescribed fee paid by the customer under section 50 for inspecting and testing the meter; and (c) adjust the previous relevant accounts for customer connection services to reflect the actual or a reasonable estimation of the electricity supplied to the customer. ‘ (2) If a test under section 51 shows the meter is registering incorrectly by a margin substantially greater than the original test showed, the retail entity must— (a) refund to the customer the amount of any test fee paid by the customer under section 45 for the original test that is not already refunded; and (b) refund to the customer the the amount of the prescribed fee paid by the customer under section 50 for inspecting and testing the meter; and (c) adjust the previous relevant accounts for customer retail services to reflect the actual or a reasonable estimation of the electricity supplied to the customer.’. 15 Amendment of s 235 (Using testing instruments) (1) Section 235(1), words before paragraph (a)— omit, insert—

s 16 12 s 17 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘ (1) A distribution entity or competent person who uses a testing instrument for a test under this division must ensure the instrument is—’. (2) Section 235(2), after ‘entity’— insert — ‘or person’. 16 Amendment of s 239 (Owner to provide space for substation) Section 239— insert — ‘ (7) In this section— “space” , for a substation, means— (a) necessary or suitable floor or foundation, walls or enclosure, ceiling and access doors in the part of the premises where the substation is to be located and installed, with the walls or enclosure, ceiling and access doors being suitably painted; and (b) necessary or suitable places for entry and exit of electric lines and cables for the substation; and (c) if required by the distribution entity—suitable lighting and general power outlets.’. 17 Amendment of s 248TE (Contestable customers in NorthPower’s area) (1) Section 248TE, heading, ‘ NorthPower’s ’— omit, insert — ‘ Country Energy’s ’. (2) Section 248TE(1)(a), ‘NorthPower’s’— omit, insert — ‘Country Energy’s’. (3) Section 248TE— insert— ‘ (3) In this section—

s 18 13 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 “Country Energy’s area” means Country Energy’s— (a) supply area described in Country Energy’s special approval No. SA21/98; 1 or (b) distribution area under any distribution authority issued to it.’. 18 Insertion of new ch 5B After chapter 5A— insert — ‘CHAPTER 5B—ENERGY EFFICIENCY AND PERFORMANCE OF ELECTRICAL EQUIPMENT ‘PART 1—MINIMUM ENERGY EFFICIENCY AND PERFORMANCE ‘Division 1—Registration ‘298FA Application for registration ‘ (1) An application for registration of an item of prescribed electrical equipment must— (a) be made in the form for the application set out in the relevant standard; and (b) be accompanied by each of the following— (i) the prescribed fee; (ii) the test results and calculations mentioned in the relevant standard; (iii) the other test results mentioned in the relevant standard, in the form for the results set out in the standard; 1 A copy of a map of the area may inspected at the department’s office at 61 Mary Street, Brisbane.

s 18 14 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (iv) for an item mentioned in schedule 4, part 1—a sample of a label for the item; (v) for an item mentioned in schedule 4, part 3 that is to be labelled—a sample of a label for the item; (vi) if required by the regulator, a sample of the equipment; (vii) any other relevant information the regulator requires to decide the application. ‘ (2) The application may specify a range of models of the 1 brand in the same application if each of the models has the same relevant physical characteristics, energy efficiency and performance characteristics. ‘ (3) If a person other than the applicant signs the application, the application must be accompanied by the applicant’s written authority for the person to sign the application. ‘ (4) The regulator may waive the requirement under subsection (1)(b)(ii) and (iii). ‘298FB Requirements for registration ‘ (1) The regulator may register an item of prescribed electrical equipment only if the regulator considers— (a) the item complies with section 130; and (b) for equipment mentioned in schedule 4, part 1—the equipment’s label conforms with section 142; and (c) for equipment mentioned in schedule 4, part 3 that is to be labelled—the equipment’s label conforms with section 142. ‘ (2) If the regulator refuses to register the item, the regulator must give the applicant an information notice about the refusal. ‘298FC Minimum energy efficiency and performance criteria ‘ (1) This section states the requirements an item of prescribed electrical equipment must comply with for section 129(1)(a). ‘ (2) An item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3 must, if tested in accordance with part 1 of the relevant standard, comply with the performance criteria for the item in the relevant standard.

s 18 15 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘ (3) An item of prescribed electrical equipment mentioned in schedule 4, part 2 must comply with the energy efficiency requirements for the item in the relevant standard. ‘298FD Notice of registration ‘Within 28 days after registering an item of prescribed electrical equipment, the regulator must give written notice of the registration, and the date of registration, to the applicant. ‘298FE Term of registration ‘Registration of an item of prescribed electrical equipment is for 5 years unless it is cancelled earlier. ‘298FF Change of name or address ‘ (1) The holder of a registration of an item of prescribed electrical equipment whose name or address changes must, within 14 days after the change, give written notice of it to the regulator. Maximum penalty—8 penalty units. ‘ (2) The regulator must enter details of the new name or address in the register. ‘298FG Changing energy efficiency label identifying electrical equipment ‘ (1) The holder of a registration of an item of prescribed electrical equipment with an energy efficiency label may apply to the regulator for approval of a change to the label to reflect a change in the way an item of electrical equipment of the type to which the label relates is identified. ‘ (2) The regulator may approve the change if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the prescribed fee; and (ii) a sample of the changed energy efficiency label.

s 18 16 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘298FH Refusal to change energy efficiency label ‘If the regulator refuses to approve a change to an energy efficiency label for which application is made, the regulator must give the applicant an information notice about the refusal. ‘298FI Notice of change to energy efficiency label ‘Within 28 days after approving a change to an energy efficiency label, the regulator must give written notice of the change to the holder of the label. ‘Division 2—Transfer and cancellation of registration ‘298FJ Transfer of registration ‘ (1) If the holder of a registration of an item of prescribed electrical equipment proposes to transfer the registration to someone else (the “proposed transferee” ), the proposed transferee may apply to the regulator for approval of the transfer. ‘ (2) The regulator must approve the transfer if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the prescribed fee; and (ii) the holder’s written agreement to the transfer. ‘ (3) If the regulator refuses to approve the transfer, the regulator must give the applicant an information notice about the refusal. ‘298FK Notice of transfer ‘Within 28 days after approving the transfer, the regulator must give written notice of the transfer to the proposed transferee and the former holder of the registration.

s 18 17 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘298FL Cancellation of registration ‘ (1) The regulator may, subject to section 140, cancel the registration of an item of prescribed electrical equipment if— (a) the regulator examines or tests the item and finds that it does not comply with the relevant standard; or (b) the holder of the registration engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or (c) the holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or (d) the holder fails to pay the fee, if any, for the registration; or (e) the holder asks for the cancellation. ‘ (2) If registration of an item (the “primary item” ) of prescribed electrical equipment is cancelled, the regulator may also cancel the registration of any other item of prescribed electrical equipment that the regulator is satisfied— (a) has the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and (b) was registered on the basis of the same test results as the test results for the primary item. ‘ (3) If the regulator decides to cancel the registration, the regulator must give the holder an information notice about the decision. ‘298FM Procedure before cancellation ‘ (1) If the regulator considers a ground exists to cancel the registration of an item of prescribed electrical equipment, other than at the request of the registration holder, the regulator must, before taking the action, give the holder written notice— (a) stating the regulator is considering cancelling the registration; and (b) stating the grounds for the proposed cancellation; and (c) outlining the facts and circumstances forming the basis for the grounds; and

s 18 18 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (d) inviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled. ‘ (2) If, after considering all written representations made by the holder within the stated time, the regulator still considers a ground exists to cancel the registration, the regulator may cancel the registration. ‘ (3) Cancellation of registration takes effect on the sixth business day after the holder is given an information notice under section 139(3). ‘298FN Notice, by holder, of cancellation of registration ‘ (1) Immediately on receipt of an information notice about cancellation of the registration of an item of prescribed electrical equipment, the holder of the registration must give written notice of the cancellation to each person to whom the holder has sold an item of the type that was registered. ‘ (2) Subsection (1) does not require the giving of a notice to a person to whom the type of item had been sold by retail or had been sold at least 1 year before the notice was received. ‘Division 3—Energy efficiency label ‘298FO Energy efficiency label ‘An energy efficiency label 2 for an item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3 must— (a) comply with the labelling requirements of the relevant standard for the item; and (b) be attached to the item— (i) in the way shown in the relevant standard; or (ii) in another way approved by the regulator; and (c) not be attached in a way that it is obscured from view; and (d) not contain any figures, symbols or other words likely to mislead the public about the item’s comparative energy consumption, energy efficiency rating or performance characteristics. 2 See part 3 (Offences) for when equipment must be labelled.

s 18 19 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘Division 4—Register ‘298FP Register ‘ (1) The regulator must keep a register of each item of prescribed electrical equipment registered by the regulator. ‘ (2) The regulator may enter in the register any particulars contained in an application for registration, or transfer of registration, of the item. ‘ (3) The register may be kept in a way the regulator considers appropriate. ‘ (4) The register may form part of a national register. ‘298FQ Inspection of register ‘The regulator must— (a) keep the register open for inspection, on payment of the prescribed fee, by members of the public during office hours on business days; and (b) on payment of the prescribed fee, give the person a copy of an entry in the register. ‘PART 2—TESTING AND TEST REPORTS ‘Division 1—Preliminary ‘298FR Testing of prescribed electrical equipment ‘ (1) An item of prescribed electrical equipment mentioned in schedule 4, part 1 or 3 must be tested under this part in accordance with part 1 of the relevant standard to find out whether it complies with the performance criteria in the relevant standard. ‘ (2) An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 6 must be tested under this part to find out whether it complies with the energy efficiency requirements in the relevant standard.

s 18 20 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘ (3) An item of prescribed electrical equipment mentioned in schedule 4, part 2, item 7 must be tested under this part in accordance with part 102.3 of the relevant standard to find out whether it complies with the minimum energy performance requirements in part 5 of the relevant standard. ‘ (4) The testing may be done only by an entity approved by the regulator. ‘298FS Test reports ‘ (1) The results of the test must be recorded in a test report. ‘ (2) The test report must be in the approved form and contain the following information about the test— (a) the provision of this regulation under which the testing was conducted; (b) the name of the entity that conducted the test; (c) the date of the test; (d) the date of the report; (e) the results of the test; (f) other information required to be included in the report under this part. ‘Division 2—Check testing ‘298FT Requirement by regulator to make available prescribed electrical equipment for testing ‘ (1) The regulator may, by written notice given to the holder of the registration of an item of prescribed electrical equipment, require the holder to make an item of the type registered available for the testing ( “check testing” ) mentioned in section 145. ‘ (2) The requirement must state— (a) the period, of at least 1 month from the giving of the requirement, within which the item must be made available; and (b) the place where the item is to be made available; and

s 18 21 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (c) an amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator. ‘ (3) The holder must make the item available and pay the amount as stated in the requirement. ‘298FU What happens if check testing shows noncompliance ‘ (1) This section applies if a check test shows that an item of prescribed electrical equipment does not comply with a performance criteria or energy efficiency requirement of the relevant standard. ‘ (2) If the actual cost of testing the item is greater than the amount paid under section 147(3) for the check test, the difference may be recovered by the regulator from the holder as a debt owing to the State. ‘ (3) This section does not affect section 139. ‘298FV What happens if check testing shows compliance ‘ (1) This section applies if a check test shows that an item of prescribed electrical equipment complies with the performance criteria or energy efficiency requirements of the relevant standard. ‘ (2) The regulator must refund to the holder the amount paid under section 147(3) for the check test. ‘ (3) The amount may be recovered by the holder from the regulator as a debt owing by the State to the holder. ‘298FW Return of equipment made available to the regulator ‘ (1) This section applies if, at the regulator’s request, a person makes available to the regulator free of charge an item of prescribed electrical equipment for testing or with an application under this chapter. ‘ (2) The regulator must notify the person that the equipment is available for collection by the person at a stated place as soon as practicable after— (a) for an item made available for testing— (i) if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or

s 18 22 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (ii) if subparagraph (i) does not apply—the testing; or (b) for an item made available with an application—the regulator decides the application. ‘ (3) Despite subsection (2)(a)(i), the regulator must notify the person immediately after the earlier of the following— (a) the regulator decides the equipment is not required as evidence; (b) a prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2)(a)(i) had not applied. ‘ (4) If, at the end of 6 months after the notice is given, the equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the appliance or any loss or damage to it. ‘PART 3—OFFENCES ‘298FX Part does not apply to second-hand prescribed electrical equipment ‘This part does not apply to a second-hand item of prescribed electrical equipment. ‘298FY Prescribed electrical equipment in sch 4, pt 1 must be registered and labelled ‘ (1) A person must not sell an item (the “sale item” ) of prescribed electrical equipment mentioned in schedule 4, part 1 unless— (a) an item of the same type of prescribed electrical equipment as the sale item is registered under section 129; and (b) an energy efficiency label is attached to the sale item and the label conforms with, and is attached in the way required by, section 142. Maximum penalty—20 penalty units. ‘ (2) Subsection (1) does not apply if—

s 18 23 s 18 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (a) the sale item is registered under a corresponding law; and (b) an energy efficiency label is attached to the sale item and the label conforms with, and is attached in the way required by, the corresponding law. ‘298FZ Prescribed electrical equipment in sch 4, pt 2 must be registered ‘A person must not sell an item of prescribed electrical equipment mentioned in schedule 4, part 2 unless an item of the same type of prescribed electrical equipment as the item is registered under section 129. Maximum penalty—20 penalty units. ‘298FZA Prescribed electrical equipment in sch 4, pt 3 must be registered and may be labelled ‘ (1) A person must not sell an item (the “sale item” ) of prescribed electrical equipment mentioned in schedule 4, part 3 unless— (a) an item of the same type of prescribed electrical equipment as the sale item is registered under section 129; and (b) if an energy efficiency label is attached to the sale item, the label conforms with, and is attached in the way required by, section 142. Maximum penalty—20 penalty units. ‘ (2) Subsection (1) does not apply if— (a) the sale item is registered under a corresponding law; and (b) if an energy efficiency label is attached to the sale item, the label conforms with, and is attached in the way required by, the corresponding law. ‘298FZB Representations about 3-phase cage induction motors ‘A person must not represent that a 3-phase cage induction motor mentioned in schedule 4, part 2 is a high efficiency motor unless the motor

s 19 24 s 20 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 complies with the high efficiency performance requirements for the item in part 5 of the relevant standard. Maximum penalty—20 penalty units.’. 19 Amendment of s 340 (Exemption about certain mines and petroleum plant) (1) Section 340(1)— insert — ‘ “private plant” means generating plant not used by an electricity entity or special approval holder in accordance with an authority or special approval.’. (2) Section 340(1), definition “mine”— omit, insert — ‘ “mine” means— (a) a coal mine within the meaning of the Coal Mining Safety andHealth Act 1999 ; or (b) a mine within the meaning of the Mining and Quarrying Safetyand Health Act 1999. ’. (3) Section 340(2), ‘(other than an electrical article or cathodic protection system)’— omit. (4) Section 340(3) and (4)— omit, insert — ‘ (3) Subsection (2) applies to chapter 2, parts 1 and 2. 3 ’. 20 Amendment of s 342 (Definitions for div 2) (1) Section 342, definitions “anniversary” and “year”— omit. 3 Chapter 2 (Technical requirements), parts 1 (Design, building and maintenance of electric lines and works) and 2 (Customers’ electrical installations)

s 21 25 s 21 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 (2) Section 342— insert— ‘ “accounting period” , for an on-supply agreement, means a period of 1 year beginning on a day fixed by the on-supplier. “first accounting period” , for an on-supply agreement, means the accounting period in which the agreement is made, or proposed to be made.’. (3) Section 342, definition “on-supplier”, paragraph (b), ‘supplies and sells’— omit, insert — ‘supplies, or supplies and sells,’. (4) Section 342, definition “on-supplier”, examples 2 and 3— omit, insert— ‘ 2. A relevant body corporate.’. (5) Section 342, definition “receiver”, ‘supplied and sold’— omit, insert — ‘supplied, or supplied and sold,’. 21 Amendment of s 342E (Preliminary consumption estimate) (1) Section 342E(1), from ‘receiver’ to ‘agreement’— omit, insert — ‘receiver— (a) written notice of the accounting period that is to apply to the on-supply agreement; and (b) an estimate of the common area consumption for the first accounting period for the agreement.’. (2) Section 342E(2), ‘year’— omit, insert — ‘accounting period for the agreement’.

s 22 26 s 24 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 22 Amendment of s 342J (Maximum charge for metered supply) (1) Section 342J(1), ‘from’— omit, insert — ‘and sold by’. (2) Section 342J— insert — ‘ (1A) However, this section does not apply to electricity that is common area consumption for the on-supplier’s premises.’. (3) Section 342J(4), ‘subsections (2) and (3)’— omit, insert — ‘subsections (3) and (4)’. (4) Section 342J(5), ‘subsection (2) or (3)’— omit, insert — ‘subsection (3) or (4)’. (5) Section 342J(1A) to (6)— renumber as section 342J(2) to (7). 23 Replacement of s 342L (Periodic consumption estimates) Section 342L— omit, insert — ‘342L Periodic consumption estimates ‘ (1) The on-supplier must, for each accounting period after the first accounting period for the agreement, give the receiver an estimate of the common area consumption for the on-supplier’s premises during the accounting period. ‘ (2) An estimate for an accounting period must be given at least 1 month before the accounting period begins.’. 24 Amendment of s 342M (Annual audited statements) (1) Section 342M(1), ‘year of the agreement’—

s 25 27 s 26 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 omit, insert — ‘accounting period’. (2) Section 342M(2)— omit, insert — ‘ (2) A statement for an accounting period must— (a) comply with section 232; and (b) be given within 3 months after the accounting period ends.’. 25 Insertion of new ch 8, pt 3A After chapter 8, part 3— insert — ‘PART 3A—DECLARED CONSTRUCTING AUTHORITIES ‘345A Declared constructing authorities ‘ (1) Each of the following State electricity entities is declared to be a constructing authority under the Acquisition of Land Act 1967 on and from 20 December 2002— (a) Energex Limited ACN 078 849 055; (b) Ergon Energy; (c) QETC. ‘ (2) This section expires on 19 December 2004.’. 26 Insertion of new ch 8, pt 6 After chapter 8, part 5— insert —

s 26 28 s 26 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘PART 6—TRANSITIONAL PROVISIONS FOR ELECTRICITY LEGISLATION AMENDMENT REGULATION (No. 1) 2002 ‘350A Electric lines installed or operated before 1 October 2002 ‘ (1) This section applies to an electric line installed or operated immediately before 1 October 2002 under section 157 or 157A as in force immediately before that day. ‘ (2) On and from 1 October 2002, the electric line is taken to have been installed and to be operated under section 21(1) to (3). 4 ‘351 Existing registrations of items of prescribed electrical equipment ‘ (1) This section applies to an existing registration in force immediately before the commencement of this section. ‘ (2) On the commencement, the registration is taken to have been given— (a) under chapter 6; and (b) despite section 132, 5 for the remainder of its term unless it is cancelled earlier. ‘ (3) In this section— “existing registration” means a registration, under the repealed electrical articles regulation , of an item of prescribed electrical equipment. ‘352 Existing approvals, notices, decisions and requirements given or made by regulator ‘ (1) This section applies to an approval, notice, decision or requirement given or made by the regulator under chapter 3 of the repealed electrical articles regulation and in force immediately before the commencement of this section. 4 Section 21 (Installation and operation of electric line beyond person’s property) 5 Section 132 (Term of registration)

s 27 29 s 28 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘ (2) On the commencement, the approval, notice, decision or requirement is taken to have been given or made by the regulator under chapter 6 of this regulation. ‘353 Existing applications ‘An application made by a person under chapter 3 of the repealed electrical articles regulation before the commencement of this section, and not decided before the commencement, is taken to have been made under chapter 6 of this regulation. ‘354 Unfinished appeals ‘An appeal that has been started under chapter 4 of the repealed electrical articles regulation and not finished before the commencement of this section continues as if it were an appeal made under chapter 8, part 2 of this regulation.’. 27 Amendment of sch 3B (Special approval holders treated as electricity entities) Schedule 3B, item 3— omit, insert — ‘ 3. Country Energy, under special approval no. SA 21/98 chapter 5, parts 1 and 1C 1 ’. 1 Chapter 5, parts 1 (Regulator) and 1C (Disputes referred to energy arbitrator) of the Act 28 Insertion of new sch 3C After schedule 3B— insert —

s 28 30 s 28 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘SCHEDULE 3C ‘PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS schedule 9, definitions “prescribed electrical equipment” and “relevant standards” ‘ PART 1—EQUIPMENT REQUIRING REGISTRATION AND LABELLING Prescribed electrical equipment 1. Clothes washing machines 2. Dishwashers 3. Refrigerating appliances Relevant standard AS/NZS 2040 Performance of household electrical appliances— clothes washing machines , part 1 Energy consumption and performance and part 2 Energy labelling requirements AS/NZS 2007 Dishwashers , part 1 Energy consumption and performance and part 2 Energy labelling requirements AS/NZS 4474 Performance of household electrical appliances— refrigerating appliances , part 1 Energy consumption and performance and part 2 Energy labelling and minimum performance standard requirements

s 28 31 s 28 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 Prescribed electrical equipment Relevant standard 4. Single phase refrigerative AS/NZS 3823 Performance of airconditioners and heat pumps electrical appliances— Airconditioners and heat pumps , part 1.1 Non-ducted airconditioners and heat pumps—testing and rating for performance and part 2 Energy labelling and minimum energy performance standard (MEPS) requirements 5. Rotary clothes dryers AS/NZS 2442 Performance of household electrical appliances— Rotary clothes dryers , part 1 Energy consumption and performance and part 2 Energy labelling requirements ‘ PART 2—EQUIPMENT REQUIRING REGISTRATION ONLY Prescribed electrical equipment Relevant standard 6. Storage water heaters that are AS 1056 Storage water heaters , unvented and have no attached part 1 General requirements, feed tank clause 2.4 Thermal insulation 7. Three-phase cage induction AS/NZS 1359 Rotating electrical motors machines—General requirements , part 5 High efficiency and minimum energy performance standards requirements.

s 29 32 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘PART 3—EQUIPMENT REQUIRING REGISTRATION THAT MAY BE LABELLED Prescribed electrical equipment 8. Room airconditioners with 3-phase motors Relevant standard AS/NZS 3823 Performance of electrical appliances— Airconditioners and heat pumps , part 1.2 Ducted airconditioners and air-to-air heat pumps—testing and rating for performance and part 2 Energy labelling and minimum energy performance standard (MEPS) requirements.’. 29 Replacement of schs 4–8 (1) Schedules 4 to 8— omit, insert — ‘SCHEDULE 4 ‘REVIEW OF DECISIONS BY THE REGULATOR section 201 Section 12(6) 29(1) Description of decision Facilities electricity entity decides are necessary to attach an overhead service line to the customer’s premises or for the entrance, support, protection and termination of an underground service line Decision by distribution entity that it does not have an obligation to provide customer connection services to a customer

s 29 33 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 Section 33(2)(a) 33(2)(b) 33(2)(c) 33(2)(d) 34 38 39 42(2) 44(2) 44(3) 49(1) 49(2) 52(1) Description of decision Requirement by distribution entity for customer to regulate the use of an electrical article Requirement by distribution entity for customer to use or deal with electricity supplied in the stated way Requirement by distribution entity for customer to ensure a motor installation or starting device connected to a source of electricity supply complies with the requirements of the regulator Requirement by distribution entity for customer about the power factor of an electrical installation Refusal by distribution entity to provide customer connection services to customer’s electrical installation Requirement by distribution entity for changes to a customer’s electrical installation Requirement by distribution entity for provision of links for connecting meters to an incoming supply Requirement by distribution entity about space, housing, mounting and connecting facilities for a meter or control apparatus Requirement by distribution entity for provision of safe access Action by distribution entity to install remote measuring or other equipment or to disconnect supply of electricity to a customer’s premises Adjustment by distribution entity of accounts for customer connection services Adjustment by retail entity of accounts for customer retail services Adjustment by distribution entity of accounts for customer connection services

s 29 Section 52(2) 56(2) 65(1) 34 Electricity Legislation Amendment Regulation(No. 1) 2002 s 29 No. 245, 2002 Description of decision Adjustment by retail entity of accounts for customer retail services Requirement by distribution entity for provision of space for a substation, a right of way or access to the supplier’s equipment Decision by retail entity that it does not have an obligation to provide customer retail services ‘SCHEDULE 5 ‘APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT section 207(1) Section 21(4) 129(1) 134(2) 137(2) 139(1) 204 Description of decision Direction by the regulator to a person to take away an electric line Refusal to register an item of prescribed electrical equipment Refusal to change an energy efficiency label Refusal to approve transfer of registration of item of prescribed electrical equipment Decision to cancel a registration of item of prescribed electrical equipment Decision by the regulator on review

s 29 35 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘SCHEDULE 6 ‘APPEALS AGAINST ADMINISTRATIVE DECISIONS TO INDUSTRIAL MAGISTRATES section 207(2) Section 175 Description of decision Decision of new employer on recognition of previous service by GOE industry employee ‘SCHEDULE 7 ‘FEES ‘PART 1—REGULATOR section 242 $ 1. Application for generation authority 250.00 plus reasonable costs (section 179 of the Act). . . . . . . . . incurred by the regulator in investigating whether the authority should be issued 2. Application for transmission 250.00 plus reasonable costs authority (section 188 of the Act) . incurred by the regulator in investigating whether the authority should be issued

s 29 36 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 3. Application for distribution authority (section 196 of the Act) . 4. Application for retail authority (sections 204 and 207D of the Act) 5. Application for special approval (section 209 of the Act). . . . . . . . . 6. Application for registration of an item of prescribed electrical equipment (section 128) . . . . . . . . 7. Application for approval of a change to an energy efficiency label (section 134) . . . . . . . . . . . . . . . . . 8. Application for transfer of registration of an item of prescribed electrical equipment (section 137) 9. Inspection of the register (section 144) . . . . . . . . . . . . . . . . . 10. Copy of 1 entry in the register (section 144) . . . . . . . . . . . . . . . . . $ 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 250.00 plus reasonable costs incurred by the regulator in investigating whether the authority should be issued 250.00 plus reasonable costs incurred by the regulator in investigating whether the approval should be issued 150.00 150.00 70.00 10.00 20.00

s 29 37 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 ‘PART 2—ELECTRICITY ENTITIES $ 1. Disconnection and reconnection of supply of electricity to a customer after disconnection under section 31— (a) if the reconnection is made during ordinary business hours . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27.45 (b) if the reconnection is made outside ordinary business hours at the customer’s request . . . . . . . . . . . . . . . . . . 65.85 2. Testing of a meter by the distribution entity (section 45) 10.95 3. Inspection and testing of a meter by a competent person (section 50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.80 ‘SCHEDULE 8 ‘DICTIONARY section 2 “accounting period” , for an on-supply agreement, see section 218. “affected customer” , for a suspended retail entity, means a person who, immediately before the retail entity became a suspended retail entity, was a customer of the retail entity. “approved form” means a form approved by the regulator under section 243. “AS/NZS” means a joint Standards Australia and Standards New Zealand standard. “casual employee” means a GOE industry employee mentioned in section 178. “check testing” , for an item of prescribed electrical equipment, see section 147.

s 29 38 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 “common area” , of an on-supplier’s premises, see section 218. “common area consumption” , see section 218. “competent person” see section 50. “consumers terminals” means the point where a customer’s electrical installation is connected to the relevant supplier’s works. “corresponding law” , for chapter 6, means 1 of the following laws— • Electrical Products Act 2000 (SA) • Electricity Safety Act 1945(NSW) • Electricity Safety Act 1998(Vic). “customer’s generating plant for emergency supply” means a private plant installed on a customer’s premises as part of the customer’s electrical installation to provide a supply of electricity to the electrical installation if the supply of electricity from a supplier is interrupted. “distribution entity” , for an electrical installation or premises, means the distribution entity who provides customer connection services to the electrical installation or premises. “EGTS award” see section 156. “electrical appliance” means an appliance that uses electricity. “electrical installation” includes part of an electrical installation. “electricity industry employee” , for a State electricity entity, see section 156. “ESIE award” see section 156. “first accounting period” , for an on-supply agreement, see section 218. “former employer” , for chapter 7, part 2, see section 168. “former employment” , for chapter 7, part 3, see section 174. “GOE industry” means all State electricity entities collectively. “GOE industry employee” means a person employed by a State electricity entity in a full-time, part-time or casual capacity, including the chief executive officer of a State electricity entity. “high voltage” means a voltage of more than 1 000 V.

s 29 39 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 “host retail entity” , for a statutory customer sale contract, means the retail entity in whose retail area the premises covered by the contract are located. “industrial instrument” , for chapter 7, part 1, see section 156. “Industrial Relations Act” means the Industrial Relations Act 1999 . “information notice” , for an action or decision of the regulator, means a notice stating each of the following— (a) the action or decision; (b) the reasons for the action or decision; (c) that the applicant may appeal against the action or decision to a Magistrate’s Court within 28 days after receiving the information notice. “insolvency official” means an administrator, liquidator, provisional liquidator, receiver or receiver and manager. “locality allowance” means an allowance payable to an employee stationed in a centre distant from Brisbane to assist in offsetting the disadvantages associated with residence in the centre. “loss factor” see the Market Code, chapter 10. “lot” , for chapter 3, part 6, division 1, see section 91. “low voltage” means a voltage of not more than 1000 V. “Market Code instrument” means a guideline, power system operating procedure or other procedure, protocol or standard made under the Market Code. “new employer” , for chapter 7, part 2, see section 168. “new employment” , for chapter 7, part 3, see section 174. “on-supplier” see section 218. “on-supplier’s premises” see section 218. “on-supply agreement” see section 218. “owner” , for chapter 3, part 1, division 3, see section 55. “prescribed electrical equipment” means an item of electrical equipment stated in schedule 4, column 1, as defined in the relevant standard. “proportionate amount” , for chapter 7, see section 166.

s 29 40 s 29 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 “proposed transferee” , for prescribed electrical equipment, see section 137. “prospective on-supplier” see section 222. “prospective receiver” see section 222. “redundant” , for chapter 7, see section 199. “redundant employee” , for chapter 7, see section 199. “register” means the register kept by the regulator under section 143. “registered owner” , for chapter 3, part 6, division 1, see section 91. “relevant award” , for chapter 7, part 1, see section 159. “relevant distribution entity” , for chapter 3, part 6, division 1, see section 91. “relevant standard” , for an item of prescribed electrical equipment, means the standard stated in schedule 4 for the equipment item. “relevant supplier” means the distribution entity or the special approval holder who provides customer connection services to the electrical installation or premises. “repealed electrical articles regulation” means the repealed Electricity(Electrical Articles) Regulation 1994. “retail entity” , for an electrical installation or premises, means the retail entity who provides customer retail services to the electrical installation or premises. “service line” means an electric line that— (a) forms part of the works of a relevant supplier; and (b) connects consumers terminals to— (i) other parts of the relevant supplier’s works; or (ii) the works of another electricity entity. “single premises” see section 92. “spouse” , in chapter 7, part 5, includes a de facto spouse. “statutory customer sale contract” , for chapter 3, part 2, division 2, means a contract taken, under section 70, to have been entered into between the host retail entity and an affected customer.

s 30 41 s 31 Electricity Legislation Amendment Regulation No. 245, 2002 (No. 1) 2002 “supplier” means a distribution entity or special approval holder who provides customer connection services to an electrical installation or premises. “suspended retail entity” means a retail entity suspended, under the Market Code, clause 3.15.21(c), from trading. “transfer day” , for chapter 7, part 2, see section 168. “transferred employee” , for chapter 7, part 2, see section 167. “translation principles” , for chapter 7, part 1, see section 156. “welding power source” , for chapter 3, part 5, see section 86. “wiring rules” means the Australian/New Zealand Standard AS/NZS 3000—Electrical installations (known as the Australian/New Zealand Wiring Rules).’. 30 Renumbering of regulation (1) A provision of the regulation mentioned in schedule 2, column 1, is renumbered as stated in schedule 2, column 2, opposite the provision. (2) Subsection (1) has effect immediately after the other provisions of this part and schedule 1 have effect. PART 3—REPEAL OF ELECTRICITY (ELECTRICAL ARTICLES) REGULATION 1994 31 Repeal The Electricity (Electrical Articles) Regulation 1994 is repealed.

42 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 MINOR AMENDMENTS AND CONSEQUENTIAL AMENDMENTS FOR ELECTRICAL SAFETY REGULATION 2002 section 2 1 The following provisions— • sections 5(3), 88(2) to (5), 89 to 93, 110(1)(a) and (7), 111 to 114, 116 and 117, 153 to 156, 157A and 162, 228(3), 237, 341B(2), 341C, 344(5), 347(3) and 348A • chapter 2 • chapter 3, part 1, divisions 4 and 5 • chapter 3, part 2 • chapter 3, part 3, divisions 1, 2, 3A and 5 to 11 • chapter 3, part 4 • schedules 1 to 3— omit. 2 Chapter 3, heading, ‘SAFETY AND’— omit . 3 Chapter 3, part 1, division 2, heading— omit, insert — ‘Division 2—Earthing, frequency and voltage’. 4 Chapter 3, part 1, division 3, heading and part 3, divisions 3 and 4, headings— omit.

43 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 5 Section 110(1)(b) and (c)— renumber as section 110(1)(a) and (b). 6 Section 110(5), ‘(1)(c)’— omit, insert — ‘(1)(b)’. 7 Section 110(8) and (9)— renumber as section 110(7) and (8). 8 Section 119(1), ‘118’ — omit, insert — ‘15’. 9 Sections 159 and 217, ‘216’— omit, insert— ‘33’. 10 Section 216(2)(c), ‘160’— omit, insert — ‘24’. 11 Section 218A, from ‘contestable’— omit, insert — ‘contestable customer. 6 ’. 6 For the supply to a premises for which a customer is a contestable customer, see section 107 (Customer’s metering obligation).

44 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 12 Section 240(2), before ‘ Electricity Act 1976 ’— insert— ‘repealed’. 13 Section 241, ‘239’— omit, insert — ‘56’. 14 Section 248DA, heading, ‘1A’— omit, insert — ‘2’. 15 Section 248DC(1)(a), ‘248DB(a)’— omit, insert — ‘70(a)’. 16 Sections 248DC(1)(b) and 248DG(4)(g), ‘248DB(b)’— omit, insert — ‘70(b)’. 17 Section 248DD(2)(a), ‘248DE’— omit, insert — ‘73’. 18 Section 248DE(1), ‘248DC’— omit, insert — ‘71’.

45 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 19 Section 248I, examples, last dot point, ‘247’— omit, insert — ‘63’. 20 Section 248IB(1), ‘248IA(2)’— omit, insert — ‘80(2)’. 21 Section 248IC(1), ‘248IB(4)’— omit, insert — ‘81(4)’. 22 Sections 248L and 248M, heading, ‘pt 4’— omit, insert — ‘pt 5’. 23 Section 248N, ‘248O’— omit, insert — ‘88’. 24 Sections 248O(1)(a)(i) and 248Q(1)(b)(i), ‘3AA’— omit, insert — ‘1’. 25 Section 248P, ‘248Q’— omit, insert — ‘90’.

46 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 26 Section 248TB(1)(a)(i), ‘248TDA(1)’— omit, insert — ‘99(1)’. 27 Section 248TB(1)(a)(ii)— omit, insert — ‘(ii) is, under section 103(7), taken to have the certification; and’. 28 Sections 248TBA(1)(a) and 248TBB(1)(a), ‘248TB’— omit, insert — ‘93’. 29 Section 248TD(3)(b), ‘248TDB(1)’— omit, insert — ‘100(1)’. 30 Section 248TD(4), definitions “consumption” and “estimated consumption”, paragraph (b), ‘342B’— omit, insert — ‘220’. 31 Section 248TDA(2)(c), ‘248TD(2)’— omit, insert — ‘98(2)’.

47 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 32 Section 248TDB(2)(c), ‘248TG’— omit, insert — ‘103’. 33 Chapter 4, part 5, division 2, heading, ‘NorthPower’s’— omit, insert — ‘ Country Energy’s ’. 34 Section 248TF, ‘3A’— omit, insert — ‘2’. 35 Section 248TG(1)(a) and (b)— omit, insert — ‘(a) a customer’s application under section 97 for contestable customer certification has been refused or is, under section 98(3), taken to have been refused and the customer disputes the refusal; or (b) there is a dispute about whether a customer is a contestable customer for a premises under section 101.’. 36 Section 248TG(7), ‘248TDA(1)’— omit, insert — ‘99(1)’. 37 Section 248TH(1), ‘248TG(2)’— omit, insert — ‘103(2)’.

48 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 38 Section 248TH(2), example, ‘248TE(1)(b)’— omit, insert — ‘101(1)(b)’. 39 Section 248TH(3), ‘248TG(5)’— omit, insert — ‘103(5)’. 40 Section 248TI(1), ‘248TH(4)’— omit, insert — ‘104(4)’. 41 Section 248TJ(1), ‘248TH’— omit, insert — ‘104’. 42 Section 248U(1), before ‘section 243’— insert — ‘the repealed’. 43 Section 262A(1) and heading, ‘248IA’— omit, insert — ‘80’. 44 Section 297, ‘3B’— omit, insert — ‘3’.

49 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 45 Section 298G, definition “relevant award”, ‘298J’— omit. insert— ‘159’. 46 Section 298L, ‘298M’— omit, insert — ‘162’. 47 Section 298M, heading, ‘Chapter 6’— omit, insert — ‘ Chapter 7 ’. 48 Section 308(2)(a), ‘307’— omit, insert — ‘174’. 49 Section 310(b), ‘308’— omit, insert — ‘175’. 50 Section 312(e), ‘310A’— omit, insert — ‘178’. 51 Section 318(8)— omit, insert — ‘ (8) This section applies despite section 179 but subject to sections 183 and 185.’.

50 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 52 Section 321(3), ‘323’— omit, insert — ‘193’. 53 Section 323(2), ‘322’ and ‘321’— omit, insert — ‘192’ and ‘191’ respectively. 54 Section 328(1), ‘4’— omit, insert— ‘5’. 55 Section 331(4), from ‘state’— omit, insert — ‘be an information notice.’. 56 Section 331A, ‘248IA’— omit, insert — ‘80’. 57 Section 331B, ‘331A’— omit, insert — ‘205’. 58 Chapter 7, part 2, division 2, heading, ‘or EWC Board’— omit.

51 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 59 Section 332(1), ‘5’— omit, insert— ‘6’. 60 Section 332(2), ‘the EWC Board or’— omit . 61 Section 332(2), ‘6’— omit, insert— ‘7’. 62 Section 333(1)(a), ‘or the EWC Board’— omit. 63 Section 333(1)(b), ‘8’— omit, insert— ‘7’. 64 Section 341B(3)— renumber as section 341B(2). 65 Section 342, definition “on-supply agreement’, ‘342B’— omit, insert — ‘220’.

52 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 66 Section 342F(2), ‘342G’— omit, insert— ‘225’. 67 Section 342G(1)(a), ‘342E(1)’— omit, insert— ‘223(1)’. 68 Section 342G(1)(b), ‘342F’— omit, insert— ‘224’. 69 Section 342G(6), ‘342A(2)’— omit, insert— ‘219(2)’. 70 Section 342H(1), after ‘agreement’— insert — ‘for the supply and sale of electricity’. 71 Section 342I(1)(a) and (c)(i), ‘342H’— omit, insert— ‘226’. 72 Section 342N, ‘342M’— omit, insert— ‘231’.

53 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 73 Chapter 8, part 1, division 2, subdivision 7, heading, ‘ On-sellers ’— omit, insert — ‘ On-suppliers ’. 74 Section 342O, ‘on-seller’— omit, insert — ‘on-supplier’. 75 Section 342O(b)— omit, insert — ‘(b) supplies, or supplies and sells, electricity using the network.’. 76 Section 343, heading ‘1A’— omit, insert — ‘2’. 77 Section 344(4)— renumber as section 344(3). 78 Section 347(1), (2) and (4), ‘7’— omit, insert — ‘8’. 79 Section 347(4), ‘3’— omit, insert — ‘2’.

54 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 1 (continued) 80 Section 347(4)— renumber as section 347(3). 81 Section 349, ‘342B’— omit, insert — ‘220’. 82 Section 349(1)(b), ‘ “current section 342” ’— omit, insert — ‘ “current section 220” ’. 83 Section 350, ‘8’— omit, insert — ‘9’. 84 Schedule 3AA, section reference, ‘2480(1) and 248Q(1)’— omit, insert — ‘88(1) and 90(1)’. 85 Schedule 3A, section reference, ‘248TF’— omit, insert — ‘102’. 86 Schedule 3B, section reference, ‘297’— omit, insert — ‘123’.

55 Electricity Legislation Amendment Regulation (No. 1) 2002 No. 245, 2002 SCHEDULE 2 RENUMBERING OF PROVISIONS section 29 Column 1 Current provision number Column 2 New provision number sections 5A to 354 6 to 250 chapters 3 to 8 chapters 2 to 9 chapter 3, part 1, divisions 6 to 8 chapter 2, part 1, divisions 3 to 5 chapter 3, part 3 chapter 2, part 2 chapter 4, part 2, divisions 1A and 2 chapter 3, part 2, divisions 2 and 3 chapter 4, parts 2A to 6 chapter 3, parts 3 to 7 chapter 5, part 4 chapter 4, part 3 chapter 6, parts 5A and 6 chapter 7, parts 6 and 7 chapter 8, parts 1A to 6 chapter 9, parts 2 to 8 schedules 3AA to 8 schedules 1 to 9 ENDNOTES 1. Made by the Governor in Council on 26 September 2002. 2. Notified in the gazette on 27 September 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Office of Energy. © State of Queensland 2002