Electricity (Licensing) Amendment Regulations 2007 (WA)
!200700271GG!
WESTERN 6485 AUSTRALIAN GOVERNMENT
| ISSN 1448-949X | PRINT POST APPROVED PP665002/00041 |
PERTH, MONDAY, 31 DECEMBER 2007 No. 271 SPECIAL PUBLISHED BY AUTHORITY JOHN A. STRIJK, GOVERNMENT PRINTER AT 1.30 PM
© STATE OF WESTERN AUSTRALIA
ELECTRICITY ACT 1945
_________
ELECTRICITY (LICENSING)
AMENDMENT
REGULATIONS 2007
31 December 2007 GOVERNMENT GAZETTE, WA 6487
Western Australia
Electricity (Licensing) Amendment
Regulations 2007
CONTENTS
1. Citation
2. Commencement
3. The regulations amended
4. Regulation 3 amended
5. Regulation 5 amended and transitional
6. Regulation 8 amended
7. Regulation 13 amended
8. Regulation 15 inserted
15. Protection from liability 9. Regulation 19 amended
10. Regulation 20 amended
11. Regulation 22 amended
12. Regulation 23 amended
13. Regulation 24 amended
14. Regulation 25 amended
15. Regulation 26 amended
16. Regulation 27 amended
17. Regulation 28 amended
18. Regulation 29 amended
19. Regulation 30 amended
20. Regulation 32 amended
21. Regulation 33 amended
22. Regulation 36 amended
23. Regulation 37 amended
24. Regulation 38 amended
6488 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
Contents
25. Regulation 38A inserted
38A. Nominee not required to comply with
certain directions26. Regulation 39 amended
27. Regulation 40 amended
28. Regulation 43 amended
29. Regulation 44 amended
30. Regulation 44A inserted
44A. Board may require details of policy of
insurance to be given31. Regulation 45 amended
32. Regulation 45A inserted
45A. Discretionary examinations 33. Regulation 46 amended
34. Regulation 47 amended
35. Regulation 47A amended
36. Regulation 47B inserted
47B. Effect of, and revocation of, suspension 37. Regulation 49 amended
38. Regulations 49A and 49B inserted
49A. Designers of electrical installation to
ensure design is safe etc.49B. Electrical work to be carried out to safe standard and completed to trade finish 39. Regulation 50 amended
40. Regulations 50AA and 50AB inserted
50AA. Requirement to be informed of experience
and competence of apprentices etc.50AB. Employer to be satisfied that former
apprentice has successfully completed
training41. Regulation 50A amended
42. Regulation 51 amended
43. Regulation 52 amended
44. Regulations 52A, 52B and 52C inserted
52A. Notices sent to relevant network operator 52B. Certificates of compliance 52C. Duties of electrical contractor in relation to
electrical installing work and electrical
workers45. Regulation 53 amended
46. Regulation 55 repealed
31 December 2007 GOVERNMENT GAZETTE, WA 6489 Electricity (Licensing) Amendment Regulations 2007
Contents
47. Regulation 60 amended and Schedule 1 consequentially amended
48. Regulation 61 amended
49. Regulation 62 amended
50. Regulation 63 replaced
63. Electrical accidents to be reported 51. Regulation 63A amended
52. Regulation 64 amended
53. Regulation 65 amended
54. Regulation 65A inserted
65A. Offences by members of firms 55. Regulation 67 replaced
67. Saving and transitional provisions 56. Schedule 1 amended
57. Amendments relating to “appointed day”
58. Amendments relating to “nominee”
59. Amendments relating to “network operator”
31 December 2007 GOVERNMENT GAZETTE, WA 6491
Electricity Act 1945
Electricity (Licensing) Amendment
Regulations 2007
Made by the Governor in Executive Council.
1. Citation
These regulations are the Electricity (Licensing) Amendment
Regulations 2007.
2. Commencement
These regulations come into operation as follows:
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette; (b) the rest of the regulations — on the day that is 6 months after that day.
3. The regulations amended
The amendments in these regulations are to the Electricity
(Licensing) Regulations 1991.
6492 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 4
4. Regulation 3 amended
Regulation 3(1) is amended as follows:
(a) in the definition of “electrical contractor” — (i) by deleting “electrical mechanic” in both places where it occurs and inserting instead —
“ electrician ”;
(ii) after “employee” by inserting —
“ of an electrical contractor ”;
(b) by deleting the definition of “electrical fitter”; (c) in the definition of “electrical installing work” — (i) by deleting “the work” and inserting instead —
“ electrical work that consists ”;
(ii) by deleting “enhancing, repairing,”;
(d) by deleting the definition of “electrical mechanic”; (e) in the definition of “electrical work” by deleting “115 volts” and inserting instead — “ 120 volts ripple free ”;
(f)
after the definition of “electrical worker’s licence” by inserting —
“
“electrician” means an electrical worker who is
authorised by a licence to carry out electrical
installing work and electrical fitting work;
”;
(g) in the definition of “live” by deleting “to be live” and inserting instead — “ to be a live part ”;
31 December 2007 GOVERNMENT GAZETTE, WA 6493 Electricity (Licensing) Amendment Regulations 2007
r. 5
(h)
by deleting the definition of “minor work” and inserting before the definition of “permit” —
“
“notifiable work” means electrical installing work
other than —
(a)
maintenance work, unless that work requires the disconnection and reconnection of the supply of electricity to the electrical installation concerned or the replacement of service apparatus; or
(b) the alteration of a final sub-circuit; or (c) the addition of a single final sub-circuit; ”;
(i) after the definition of “permit” by inserting —
“
“prescribed policy of insurance” means the policy of
insurance required to be held under
regulation 36(1)(a)(iv) in respect of the work of anelectrical contractor;
”;
(j) in the definition of “private generating plant” by deleting “115 volts” and inserting instead — “ 120 volts ripple free ”.
5. Regulation 5 amended and transitional
(1) Regulation 5(2)(b)(i) is amended by deleting ““A” grade licence
for electrical installing work” and inserting instead —“ electrician’s licence ”. (2) Regulation 5(2)(c) is amended by deleting “restricted electrical
licence holders;” and inserting instead —“ persons who hold a restricted licence; ”.
6494 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 6
(3) Regulation 5(2)(d)(i) is amended by deleting ““A” grade licence
for electrical installing work” and inserting instead —“ electrician’s licence ”. (4) For the purposes of the appointment of a person in accordance
with the Electricity (Licensing) Regulations 1991
regulation 5(2)(b)(i) and (d)(i), as amended by this regulation,
regard may be had to any period during which the person was
the holder of an “A” grade licence for electrical installing work
issued under the Electricity (Licensing) Regulations 1991, as in
force before the commencement of this regulation.6. Regulation 8 amended
(1) After regulation 8(2)(a) the following is inserted — “
or
(aa) the member is the subject of an order or other
disciplinary action under regulation 31, 31A, 47
or 47A; or(ab) the member is — (i) a member of a firm, or otherwise concerned in the management of a firm; or
(ii) a director of a body corporate, or otherwise concerned in the management of a body corporate,
that is the subject of an order or other
disciplinary action under regulation 47 or 47A;or
(ac)
the member, or a body corporate of which the member is a director or in the management of which the member is otherwise concerned, is
31 December 2007 GOVERNMENT GAZETTE, WA 6495 Electricity (Licensing) Amendment Regulations 2007
r. 7
convicted of an offence against the Act or these
regulations; or
”.
(2) Regulation 8(3) is amended after “incompetence” by
inserting —
“or on any other grounds on which the Minister regards the member as not being a fit and proper person to hold office
”.
7. Regulation 13 amended
(1) Regulation 13(1) is amended by deleting the passage before
paragraph (a) and inserting instead —
“In carrying out its functions under these regulations the
Board —
”.
(2) Regulation 13(2) is repealed and the following subregulations
are inserted instead —“
(2) The functions of the Board are —
(a)
to monitor matters relating to the qualification and training of persons who hold, or are to be issued with, a licence or permit under these
regulations and to provide advice on those
matters to the Minister and the Director and,
with the approval of the Minister, to any other
person or body concerned with those matters;
and(b)
to advise the Minister and the Director on matters relating to the licensing and regulation
6496 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 8
of persons who hold, or are to be issued with, a
licence or permit under these regulations; and
(c)
to issue the licences and permits provided for by these regulations; and
(d)
to perform licensing, disciplinary and other functions conferred on it by these regulations.
(2a) The Board has all the powers it needs to perform its
functions under these regulations.”.
(3) After regulation 13(3) the following subregulations are
inserted —“
(4) The text of a direction given under subregulation (3) is
to be included in the annual report submitted by the
accountable authority of the department under the
Financial Management Act 2006 Part 5.(5) In subregulation (4) — “department” means the department of the Public Service principally assisting in the administration of the Act.
”.
8. Regulation 15 inserted
After regulation 14 the following regulation is inserted in
Part 2 —“ 15. Protection from liability
(1) An action in tort does not lie against — (a) the Board; or
(b) a member of the Board; or
31 December 2007 GOVERNMENT GAZETTE, WA 6497 Electricity (Licensing) Amendment Regulations 2007
r. 9
(c) a person designated or appointed by the Director under regulation 14, for anything that the Board or person has done, in good faith, in the performance or purported performance of a function under these regulations.
(2) The protection given by subregulation (1) applies even
though the thing done as described in that
subregulation may have been capable of being done
whether or not these regulations had been made.(3) The State is also relieved of any liability it might
otherwise have for another person having done
anything as described in that subregulation.(4) In this regulation a reference to the doing of anything
includes a reference to the omission to do anything.”.
9. Regulation 19 amended
(1) Regulation 19(2) is amended as follows:
(a) in paragraph (a) by deleting “115 volts” and inserting instead — “ 120 volts ripple free ”;
(b) in paragraph (c) after “carried out” by inserting — “ for, and as authorised by, a network operator ”;
(c) in paragraph (h) by deleting “250 volts unless carried out by a person for gain or reward or in the course of employment;” and inserting instead — “
1 000 volts alternating current or 1 500 volts
direct current;
”;
6498 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 9
(d) in paragraph (i) by deleting ““A” grade” and inserting instead — “ electrician’s ”;
(e) electrical work as the Director after
consultation with the Boardin paragraph (k) by deleting “work of a specialized “
”;
(f) after paragraph (k) by deleting “and” and inserting instead — “ or ”;
(g) in paragraph (l) by deleting “115 volts” and inserting instead — “ 120 volts ripple free ”;
(h)
at the end of paragraph (l) by deleting the full stop and inserting —
“
; or
(m)
to electrical work carried out for law enforcement purposes according to a safety management plan approved by the Director; or
(n) to —
(i) the detailed inspection of an electrical equipment; or
(ii) the measurement of electrical
parameters (such as voltage, current or
energy) at any part of an electrical
installation; or(iii) the commissioning of, or the finding of faults in, an electrical installation
31 December 2007 GOVERNMENT GAZETTE, WA 6499 Electricity (Licensing) Amendment Regulations 2007
r. 9
(including any required disconnection or
reconnection of electrical componentsand equipment),
carried out by a professionally qualified
electrical engineer with experience relating toelectrical installing work; or
(o) to the installation of a modular wiring system to or partitioning if —
(i) the system has been —
(I) approved for installation by the
Director or by a person
recognised by the Director to
be a competent authority for
the purpose of giving that
approval; or(II) certified as suitable for
installation by an authority
constituted under the laws of
another State or a Territory
with functions relating to theregulation of electrical work;
and
(ii) the person who carries out the installation ensures that the modular wiring system is checked and tested for safety by an electrician before the system is energised for the first time after its installation.
”;
(i) after each of paragraphs (a), (b), (c), (d), (e), (f), (g), (h), (i) and (j) by inserting —
“ or ”.
6500 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 10
(2) After regulation 19(3) the following subregulation is inserted — “
(4) In subregulation (2)(n) — “professionally qualified engineer” means a person who —
(a)
holds a power electrical engineering specialisation; and
(b)
is, or is eligible to be, a member of the Institution of Engineers Australia otherwise than at the grade of student.
”.
10. Regulation 20 amended
(1) Regulation 20(1) and (2) are repealed and the following
subregulations are inserted instead —“
(1) An electrical worker’s licence is to be endorsed,
according to the qualifications of the person to whom
the licence is to be issued, as —(a) an electrician’s licence; or
(b) an electrician’s training licence; or (c) a restricted licence.
(2) An electrical worker’s licence is subject to such
restrictions and conditions, if any, as may be specified
in the licence.(2a) An electrical worker’s licence endorsed as an
electrician’s licence authorises the holder of the licence
to carry out electrical installing work and electrical
fitting work.”.
31 December 2007 GOVERNMENT GAZETTE, WA 6501 Electricity (Licensing) Amendment Regulations 2007
r. 11
(2) Regulation 20(3)(a) is amended by deleting ““A” grade” and
inserting instead —“ electrician’s ”. (3) Regulation 20(3)(b) is amended as follows:
(a) by deleting “a “C” grade” and inserting instead — “ an electrician’s training ”;
(b) by deleting ““A” grade licence of that kind.” and inserting instead — “ electrician’s licence. ”.
(4) Regulation 20(4) is amended by deleting “subject to such restrictions and conditions as are specified in the licence”. 11. Regulation 22 amended
(1) Regulation 22(1) is amended by deleting “as “A” grade
(electrical mechanic, or, electrical fitter, or both)” and inserting
instead —“ as an electrician’s licence ”. (2) Regulation 22(1)(a) is amended as follows:
(a) in subparagraph (i) by deleting “in electrical installing work or electrical fitting work, as the case requires;” and inserting instead — “ approved by the Board for electricians; ”;
(b)
by deleting subparagraph (ii) and inserting the following subparagraph instead —
“
(ii) a course or skills training programme approved by the Board for electricians and accredited by the Training
Accreditation Council under the
Vocational Education and Training
Act 1996,”.
6502 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 11
(3) Regulation 22(1)(b) is amended by deleting “or electrical fitting
work, as the case requires,”.(4) Regulation 22(2) is amended as follows:
(a) by deleting “referred to in subregulation (1)(b) or (c)”; (b) after “examinations” by inserting — “ or other kinds of assessment ”;
(c) by deleting “each” and inserting instead — “ the ”;
(d) after “examination” by inserting — “ or assessment ”.
(5) Regulation 22(3) is amended as follows:
(a) by deleting “as “C” grade” and inserting instead — “ as an electrician’s training licence ”;
(b) in paragraph (a) by deleting “in electrical installing work or electrical fitting work;” and inserting instead — “ approved by the Board for electricians; ”;
(c) in paragraph (b) by deleting “in electrical work” and inserting instead — “ for electricians ”.
(6) Regulation 22(4)(c) is amended after “written examinations” by
inserting —“ or other kinds of assessment ”. (7) Regulation 22(5) is amended as follows:
(a) after “examination” in the first place where it occurs by inserting — “ or other kind of assessment ”;
(b) after “such examination” by inserting — “ or assessment ”;
31 December 2007 GOVERNMENT GAZETTE, WA 6503 Electricity (Licensing) Amendment Regulations 2007
r. 12
(c) in paragraphs (a) and (b) after “examination” by inserting — “ or other kind of assessment ”.
(8) Regulation 22(6) is amended by deleting “Industrial Training
Act 1975” and inserting instead —“ Vocational Education and Training Act 1996 ”. 12. Regulation 23 amended
(1) Regulation 23(1) is amended by deleting “or the renewal of the
registration of a licence holder or permit holder, as the case may
be,”.(2) After regulation 23(1) the following subregulations are
inserted —“
(1a) Despite subregulation (1), the fee for an application for
a permit to be issued under regulation 24(3) is the
amount determined by the Director having regard to
the cost of processing the application.(1b) An applicant under subregulation (1) is to include in or
with the application any information or certificate or
other document that the Board may require to be
satisfied that the applicant fulfils the relevant
requirements of regulation 22 and is a fit and proper
person for the purposes of regulation 24(1).
”.
13. Regulation 24 amended
(1) Regulation 24(1) is amended by deleting “Board may — ” and
inserting instead —“ Board is to — ”. (2) Regulation 24(3) is amended by deleting “, and may endorse the
permit with such conditions as it deems necessary”.
6504 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 14
(3) After regulation 24(4) the following subregulation is inserted — “
(5) If the Board decides —
(a) to refuse to issue a licence or permit; or (b)
to issue a licence or permit subject to any restriction or condition,
the Board is to give the decision, and the reasons for
the decision, in writing to the applicant or to the licenceholder or permit holder, as the case requires.
”.
14. Regulation 25 amended
(1) Regulation 25(1) is amended as follows:
(a) by deleting “New Zealand” in the first place where it occurs and inserting instead — “ another country ”;
(b) by deleting “of New Zealand.” and inserting instead — “ country. ”.
(2) Regulation 25(2) is amended by deleting “applicant a
corresponding licence.” and inserting instead —
“applicant —
(a) a corresponding licence; or
(b)
if the Board is not satisfied that the person is suitably qualified or experienced to be issued with a licence — a permit that is subject to the
conditions and restrictions that the Board
considers appropriate.”.
31 December 2007 GOVERNMENT GAZETTE, WA 6505 Electricity (Licensing) Amendment Regulations 2007
r. 15
15. Regulation 26 amended
(1) Regulation 26(1) is amended as follows:
(a) by deleting “a “C” grade” and inserting instead — “ an electrician’s training ”;
(b) by deleting “unless” and inserting instead — “
or its registration was last renewed for the period, not
exceeding 5 years, specified in the certificate ofregistration unless the licence is
”.
(2) Regulation 26(2) is repealed and the following subregulation is
inserted instead —“
(2)
Subject to these regulations, an electrician’s training licence held by a person who successfully completes the apprenticeship or course of training relevant to that
licence continues to have effect until —
(a) the person is granted an electrician’s licence; or (b)
the period of 3 months expires from the time that the apprenticeship or course of training was completed,
whichever occurs first.
”.
(3) Regulation 26(3) is amended by deleting “, being not longer
than one year,”.16. Regulation 27 amended
(1) Regulation 27(1) is amended as follows:
(a) by deleting “a “C” grade” and inserting instead — “ an electrician’s training ”;
6506 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 16
(b) by deleting “shall cause” and inserting instead — “ is to register the licence by causing ”.
(2) Regulation 27(2) and (3) are repealed and the following
subregulations are inserted instead —“
(2) The Board may renew the registration of a licence on
an application made not earlier than 90 days before,
and not later than 30 days after, the date of the expiry
of the registration.(3) An application is made under subregulation (2) by
submitting to the executive officer, together with the
appropriate fee set out in the Schedule, the form, duly
completed, made available by the Director.(3a) If, at least 12 months before the date of the expiry of
the registration of a licence, the Board gives to the
licence holder written notice that the licence holder is
required to complete successfully a course relating to
electrical safety specified in the notice, the Board may
refuse to renew the registration if the licence holder
fails to comply with that requirement before that date.”.
(3) Regulation 27(4) is amended by deleting “Where the
registration of a licence holder is renewed under
subregulation (3),” and inserting instead —
“Subject to subregulation (5), if the registration of a
licence is renewed under subregulation (2),
”.
(4) Regulation 27(5) is amended by deleting “holder is renewed
under subregulation (3)” and inserting instead —“ is renewed under subregulation (2) ”.
31 December 2007 GOVERNMENT GAZETTE, WA 6507 Electricity (Licensing) Amendment Regulations 2007
r. 17
17. Regulation 28 amended
(1) Regulation 28(1) is amended by deleting “written” in both
places where it occurs.(2) After regulation 28(1) the following subregulation is inserted — “
(1a) Notice under subregulation (1) may be given in
writing, by facsimile transmission, by telephone or by a
means of electronic communication approved by the
Board.”.
18. Regulation 29 amended
(1) Regulation 29(2) is amended after “practical” by inserting — “ assessment, ”. (2) Regulation 29(3) is amended as follows:
(a) before “examination or test” in each place where it occurs by inserting — “ assessment, ”;
(b) in paragraph (d) after “renew” by inserting — “ the registration of ”;
(c)
by deleting paragraph (e) and inserting the following paragraph instead —
“
(e) make an order suspending or cancelling, ”;
(d) after paragraph (a) by inserting — “ or ”.
6508 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 19
(3) After regulation 29(3) the following subregulation is inserted — “
(4) An order made by the Board under subregulation (3)(e)
is to be in writing and a copy of the order given to the
person against whom it is made.”.
19. Regulation 30 amended
Regulation 30(3) is amended by deleting “of regulation 49” and
inserting instead —“ , to the extent relevant, of regulation 49, 49B ”.
20. Regulation 32 amended
Regulation 32(1) is amended after “expressed” by inserting —
“ by order of the Board ”.
21. Regulation 33 amended
(1) After “or” after regulation 33(2)(a) the following is inserted — “
(aa)
he or she carries out electrical work that would be authorised by an electrical worker’s licence endorsed as a restricted licence; or
”.
(2) Regulation 33(4) is amended after “subregulation (2)(a)” by
inserting —“ and (aa) ”.
31 December 2007 GOVERNMENT GAZETTE, WA 6509 Electricity (Licensing) Amendment Regulations 2007
r. 22
22. Regulation 36 amended
(1) Regulation 36(1) is amended as follows:
(a) by deleting paragraph (a)(i) and inserting instead — “
(i) holds an electrical worker’s licence endorsed as an electrician’s licence; and
”;
(b) after paragraph (a)(ii) by inserting — “ and ”;
(c)
by deleting paragraph (a)(iv) and inserting the following subparagraph instead —
“
(iv) policy of insurance against civil
holds with a reputable insurer a current electrical contractor, that complies with the requirements specified by the Board;
”;
(d)
the Act and the Energy Coordination Act 1994 and the
regulations made thereunder on electrical mechanics andin paragraph (b) by deleting “under these regulations, “
on electricians and electrical contractors by the
Act and these regulations and any other
regulations made under the Act, and by the
Energy Operators (Powers) Act 1979 and the
Energy Coordination Act 1994 and therespective regulations made under those Acts.
”.
(2) Regulation 36(2)(b) is amended by deleting “imposed under
these regulations, the Act and the Energy Coordination
6510 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 23
Act 1994 and the regulations made thereunder on electrical mechanics and electrical contractors.” and inserting instead —
“ referred to in subregulation (1)(b). ”.
(3) Regulation 36(3)(b) is amended by deleting “imposed by these regulations, the Act and the Energy Coordination Act 1994 and the regulations made thereunder on electrical mechanics and electrical contractors.” and inserting instead — “ referred to in subregulation (1)(b). ”. 23. Regulation 37 amended
Regulation 37(1) is amended as follows:
(a) by deleting paragraph (a)(i) and inserting instead — “
(i) who holds an electrical worker’s licence endorsed as an electrician’s licence; and
”;
(b)
in paragraph (a)(iii) by deleting “by these regulations, the Act, the Energy Operators (Powers) Act 1979, the Energy Coordination Act 1994 and the respective
regulations made thereunder on electrical installers and
electrical contractors;” and inserting instead —“
on electrical installers and electrical
contractors by the Act and these
regulations and any other regulations
made under the Act, and by the Energy
Operators (Powers) Act 1979 and the
Energy Coordination Act 1994 and the
respective regulations made underthose Acts;
”;
(c) in paragraph (a) after each of subparagraphs (ii) and (iia) by inserting — “ and ”.
31 December 2007 GOVERNMENT GAZETTE, WA 6511 Electricity (Licensing) Amendment Regulations 2007
r. 24
24. Regulation 38 amended
After regulation 38(2) the following subregulation is inserted —
“
(2a) The holder of a licence may nominate a person —
(a) as a replacement for a nominee; or (b) as an additional nominee,
by giving notice in writing to the Board together with
the appropriate fee set out in Schedule 1.
”.
25. Regulation 38A inserted
After regulation 38 the following regulation is inserted —
“
38A. Nominee not required to comply with certain
directionsA nominee is not required to comply with a direction
given to the nominee by his or her employer in relation
to electrical work if the nominee reasonably considers
that, if he or she were to comply with the direction, the
work would not be carried out in accordance with these
regulations.”.
26. Regulation 39 amended
Regulation 39(2) is amended after “under the licence” by
inserting —
“and, in the case of an application for the issue or
renewal of registration of an electrical contractor’s
licence, details, as specified in the application form, ofthe prescribed policy of insurance
”.
6512 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 27
27. Regulation 40 amended
Regulation 40 is amended as follows:
(a)
before “Where” by inserting the subregulation designation “(1)”;
(b)
at the end of the regulation by inserting the following subregulations —
“
(2) On the issue of a licence, the executive officer is to
register the licence by causing the name and other
relevant particulars relating to the licence holder and
any nominee of the licence holder, as directed by the
Board, to be entered in a register.(3) A licence is subject to such restrictions and conditions,
if any, as may be specified in the licence.(4) If the Board decides —
(a) to refuse to issue a licence; or (b)
to issue a licence subject to any restriction or condition,
the Board is to give the decision, and the reasons for
the decision, in writing to the applicant or to the licenceholder, as the case requires.
”.
28. Regulation 43 amended
After regulation 43(2) the following subregulation is inserted —
“
(3)
An electrical contractor’s licence is, by operation of this subregulation, suspended during any period for which the prescribed policy of insurance is not held in
respect of the work of the electrical contractor. ”.
31 December 2007 GOVERNMENT GAZETTE, WA 6513 Electricity (Licensing) Amendment Regulations 2007
r. 29
29. Regulation 44 amended
(1) Regulation 44(2) is amended by deleting “Where the
registration of a licence holder” and inserting instead —
“Subject to subregulation (3), if the registration of a
licence
”.
(2) After regulation 44(2) the following subregulation is inserted — “
(3)
If the registration of a licence is renewed under subregulation (1) on an application made within 30 days after the registration expires, the renewal has
effect only for the balance of the period mentioned in
the certificate of registration that remains after the
registration is renewed and does not affect the illegality
of anything done after the registration expired and
before the renewal took effect.”.
30. Regulation 44A inserted
After regulation 44 the following regulation is inserted —
“
44A. Board may require details of policy of insurance to
be given
(1) The Board may, by notice in writing sent to the holder
of an electrical contractor’s licence at the holder’s
address last known to the Board, require details, as
specified in the notice, of the prescribed policy of
insurance to be given to the Board within the period
specified in the notice.
6514 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 31
(2)
The holder of an electrical contractor’s licence is to comply with a notice given under subregulation (1).
”.
31. Regulation 45 amended
(1) Regulation 45(1) is amended by deleting “appears” and
inserting instead —“ is conspicuously displayed ”. (2) Regulation 45(2) is amended by deleting “The” and inserting
instead —“ Subject to subregulation (2a), the ”. (3) After regulation 45(2) the following subregulation is inserted — “
(2a) Notice under subregulation (2) of a change of the
principal place of business may be given in writing, by
facsimile transmission, by telephone or by a means of
electronic communication approved by the Board.”.
32. Regulation 45A inserted
After regulation 45 the following regulation is inserted —
“
45A. Discretionary examinations
(1) In this regulation — “relevant licence” means the relevant electrical contractor’s licence or the relevant in-house electrical installing work licence, as the case requires.
(2) The Board may require a person —
(a)
who holds an electrical contractor’s licence in accordance with regulation 36(1) or who has
31 December 2007 GOVERNMENT GAZETTE, WA 6515 Electricity (Licensing) Amendment Regulations 2007
r. 32
applied to be issued with an electrical
contractor’s licence; or
(b)
who is a member of a firm that holds an electrical contractor’s licence in accordance with regulation 36(2) or that has applied to be issued with an electrical contractor’s licence; or
(c)
who holds an in-house electrical installing work licence or who has applied to be issued with an in-house electrical installing work licence; or
(d)
who is nominated for the purposes of regulation 36 or 37,
to undergo an examination of his or her physical fitness
by a person acceptable to the Board.
(3) Subregulation (4) applies if a person required under
subregulation (2) to undergo an examination —
(a)
fails to comply with the requirement within the time specified in the requirement; or
(b)
fails to produce to the Board evidence considered by the Board to be satisfactory concerning the results of that examination; or
(c)
fails in that examination to meet the standards considered by the Board to be appropriate.
(4)
If this subregulation applies, the Board may refuse to grant the relevant licence or, if an individual, firm or body corporate is already the holder of the relevant
licence, the Board may —
(a)
refuse to renew the registration of that licence; or
(b)
make an order suspending or cancelling that licence.
(5) An order made by the Board under subregulation (4)(b)
is to be in writing and a copy of the order given to the
6516 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 33
individual, firm or body corporate that holds the
relevant licence.
”.
33. Regulation 46 amended
(1) After regulation 46(1) the following subregulation is inserted — “
(1a) In subregulation (1) — “holder of a licence” includes —
(a) a natural person who is a member of a firm, or who is otherwise concerned in the management of a firm, that holds a licence; and (b) a natural person who is a director of a body corporate, or who is otherwise concerned in the management of a body corporate, that holds a licence.
”.
(2) Regulation 46(2) is amended by deleting “of regulation 49” and
inserting instead —“ , to the extent relevant, of regulation 49, 49B ”. 34. Regulation 47 amended
Before regulation 47(1) the following subregulations are
inserted —
“
(1aa) In this regulation — “holder of a licence” has the meaning given in regulation 46(1a).
31 December 2007 GOVERNMENT GAZETTE, WA 6517 Electricity (Licensing) Amendment Regulations 2007
r. 35
(1ab) In subregulation (2)(a), (b), (c), (f) and (g) — “person” includes —
(a) if the person is a member of, or otherwise concerned in the management of, a firm that holds a licence — the firm; and (b) if the person is a director of, or otherwise concerned in the management of, a body corporate that holds a licence — the body corporate.
”.
35. Regulation 47A amended
After regulation 47A(1) the following subregulation is
inserted —
“
(1a) In subregulation (1)(a), (d), (g) and (h) — “person” includes —
(a) if the person is a member of, or otherwise concerned in the management of, a firm that holds a licence — the firm; and (b) if the person is a director of, or otherwise concerned in the management of, a body corporate that holds a licence — the body corporate.
”.
36. Regulation 47B inserted
After regulation 47A the following regulation is inserted in
Part 4 —“
47B. Effect of, and revocation of, suspension
(1) During any period for which an electrical contractor’s
licence is suspended under these regulations, the holder
6518 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 37
is not authorised to carry on business as an electrical
contractor under the licence except that, where a
suspension is expressed to be of a limited nature, the
authority conferred by the licence is affected only tothe extent specified.
(2)
Subject to subregulation (3), the Board may, by order in writing sent to the holder of a suspended electrical contractor’s licence at the holder’s last known address,
revoke the suspension of the licence either wholly or to
the limited extent specified in the order, and the
revocation has effect according to its tenor from the
date specified in the order.(3) The Board cannot to any extent revoke a suspension
that was imposed by an order of the State
Administrative Tribunal unless it has applied for, and
obtained, the approval of the State Administrative
Tribunal to do so.”.
37. Regulation 49 amended
(1) Regulation 49(1) is amended as follows:
(a) by deleting “An electrical worker” and inserting instead — “ A person ”;
(b) by deleting “the Standards Association of Australia” and inserting instead —
“ Standards Australia ”.
(2) After regulation 49(1) the following subregulation is inserted — “
(1a) If —
(a)
an amendment (the “SA amendment”) is published by Standards Australia to a standard referred to in subregulation (1); and
31 December 2007 GOVERNMENT GAZETTE, WA 6519 Electricity (Licensing) Amendment Regulations 2007
r. 37
(b) WA Electrical Requirements within the period
there is no corresponding amendment to the SA amendment is published,
the SA amendment has effect for the purposes of
subregulation (1) on the expiry of that period.
”.
(3) Regulation 49(2) is amended by deleting “Where” and inserting
instead —“ Subject to subregulation (1a), if ”. (4) After regulation 49(2) the following subregulation is inserted — “
(2a) The Director may, in relation to electrical work to be
carried out on an electrical installation of a
consumer —
(a)
vary the requirements referred to in subregulation (1); or
(b)
specify that one or more of those requirements do not apply; or
(c)
specify that one or more requirements apply in addition to those requirements,
and, for the purposes of subregulation (1), those
requirements have effect accordingly.
”.
6520 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 38
38. Regulations 49A and 49B inserted
After regulation 49 the following regulations are inserted —
“
49A. Designers of electrical installation to ensure design
is safe etc.A person who designs an electrical installation is to
ensure that —
(a)
the electrical installation is designed to be safe and to comply with any relevant requirement referred to in regulation 49(1); and
(b)
if the person gives the design to another person who is to give effect to it, the design is accompanied by information about the way the electrical installation is to be installed to ensure the installation is safe.
49B. Electrical work to be carried out to safe standard
and completed to trade finish
(1) To the extent practicable and reasonable, a person is to
ensure that when electrical work has been carried out
by him or her —
(a)
the thing on which the work was performed is safe to use; and
(b) the work has been completed to a trade finish.
(2) Subregulation (1)(a) is taken to be complied with if the
electrical work has been carried out in accordance
with —
(a)
the requirements referred to in regulation 49(1)(a) and (b); and
(b)
the requirements of each relevant standard (if any) referred to in regulation 49(1).
”.
31 December 2007 GOVERNMENT GAZETTE, WA 6521 Electricity (Licensing) Amendment Regulations 2007
r. 39
39. Regulation 50 amended
(1) Regulation 50(2) is amended as follows:
(a) by deleting “licensed” and inserting instead — “ authorised by a licence or permit ”;
(b) after “supervision” by inserting — “
or if the person carrying out the electrical work is not required under these regulations to be authorised by a licence or permit to carry it out
”.
(2) Regulation 50(3)(a) is amended by deleting “licensed” and
inserting instead —“ authorised by a licence or permit ”. (3) After regulation 50(4) the following subregulation is inserted — “
(5) An electrical worker who is an apprentice or who is
undergoing a course of training may refuse to carry out
any electrical work that, having regard to the
supervision under which it is being carried out, the
electrical worker reasonably considers to be electrical
work —
(a) that he or she is not competent to carry out; or (b)
that would, or would likely, endanger him or her or another person.
”.
6522 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 40
40. Regulations 50AA and 50AB inserted
After regulation 50 the following regulations are inserted —
“
50AA. Requirement to be informed of experience and
competence of apprentices etc.
(1) In this regulation — “electrical worker in training” means an electrical worker who is an apprentice or who is undergoing
a course of training;
“person employing an electrical worker in training”
includes a person who, by arrangement with the
employer of an electrical worker in training, is
making use of the services of the electrical worker,
whether or not the arrangement is principally forthe purpose of training the electrical worker;
“supervising electrical worker” has the meaning
given in regulation 50(3).
(2)
A person employing an electrical worker in training is to ensure that, before the electrical worker carries out any electrical work, the person and the supervising
electrical worker are informed of the experience and
level of competence of the electrical worker in training
in carrying out electrical work.(3) A supervising electrical worker is to ensure that, before
an electrical worker in training carries out any
electrical work under his or her supervision, the
supervising electrical worker is informed of the
experience and level of competence of the electrical
worker in training in carrying out electrical work.
31 December 2007 GOVERNMENT GAZETTE, WA 6523 Electricity (Licensing) Amendment Regulations 2007
r. 41
50AB. Employer to be satisfied that former apprentice has
successfully completed trainingA person (the “employer”) is not to employ to carry
out electrical work another person (the “former
apprentice”) —
(a) who holds an electrician’s training licence; and (b)
who purports to have completed the apprenticeship or course of training relevant to that licence,
unless the employer has taken all reasonable steps to be
satisfied that the former apprentice has successfully
completed the apprenticeship or course of training andhas applied for an electrician’s licence.
”.
41. Regulation 50A amended
Regulation 50A is amended as follows:
(a)
before “A” by inserting the subregulation designation “(1)”;
(b)
at the end of the regulation by inserting the following subregulation —
“
(2) It is a defence in proceedings for an offence under
subregulation (1) for the person charged to prove
that —
(a)
the person did not carry out the electrical work concerned; and
(b)
as soon as practicable after becoming aware that the wiring or equipment was in an unsafe condition the person took reasonable steps to try to have it disconnected or repaired; and
6524 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 42
(c)
the owner or occupier of the premises where the wiring or equipment is located would not permit it to be disconnected or repaired.
”.
42. Regulation 51 amended
(1) Regulation 51(1) is repealed and the following subregulation is
inserted instead —“
(1) Subject to subregulation (2), an electrical contractor
who carries out any notifiable work, or causes any
notifiable work to be carried out, commits an offence
unless preliminary notice of the proposed notifiable
work is prepared by the electrical contractor and
delivered to the relevant network operator at the
required time.”.
(2) Regulation 51(2) is amended by deleting “electrical installing”
and inserting instead —“ notifiable ”. (3) Regulation 51(3) is amended as follows:
(a) by deleting the definition of “electrical installing work”; (b) in the definition of “the required time”, by deleting “electrical installing” in each place where it occurs and inserting instead — “ notifiable ”.
43. Regulation 52 amended
(1) Regulation 52(1) is repealed and the following subregulations
are inserted instead —“
(1) Subject to subregulation (2), an electrical contractor
who carries out any notifiable work, or causes any
31 December 2007 GOVERNMENT GAZETTE, WA 6525 Electricity (Licensing) Amendment Regulations 2007
r. 43
notifiable work to be carried out, commits an offence
unless, within the period of 3 days after the completion
of the notifiable work, a notice of completion, in a
form approved by the Director and duly completed, is
prepared by the electrical contractor in respect of the
notifiable work and delivered to the relevant networkoperator.
(1a)
An electrical contractor who fails to keep a copy of the notice of completion for the period of 5 years after the completion of the notifiable work commits an offence.
”.
(2) Regulation 52(2) is amended by deleting “electrical installing”
and inserting instead —“ notifiable ”. (3) After regulation 52(2) the following subregulation is inserted — “
(2a)
A notice of completion is to contain a declaration, signed or executed by the electrical contractor who prepared the notice of completion, that the notifiable
work to which the notice applies has been checked and tested and is safe and complies with these regulations.
”.
(4) Regulation 52(3) is amended by deleting “electrical installing”
and inserting instead —“ notifiable ”. (5) Regulation 52(4) is repealed.
6526 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 44
44. Regulations 52A, 52B and 52C inserted
After regulation 52 the following regulations are inserted —
“
52A. Notices sent to relevant network operator
(1) In this regulation — “notice of completion” means a notice of completion under regulation 52.
“preliminary notice” means preliminary notice under
regulation 51;
(2) Without limiting the Interpretation Act 1984
sections 75 and 76, preliminary notice or a notice of
completion may be delivered to the relevant network
operator —
(a)
by facsimile transmission to a facsimile number provided by the network operator; or
(b)
by a means of electronic communication approved by the Director.
(3) If an electrical contractor delivers a notice under
subregulation (2)(a) or (b), the notice is to be regarded
as having been signed or executed by the electrical
contractor if the electrical contractor’s name appears in
the appropriate place in the notice.(4) If the relevant network operator is given a notice by an
electrical contractor under subregulation (2)(b), the
network operator is to give to the electrical contractor a
receipt, which, without limiting the Interpretation
Act 1984 sections 75 and 76, may be given by a means
of electronic communication approved by the Director.(5) A person who gives preliminary notice or a notice of
completion that the person knows to be false or
misleading commits an offence.
31 December 2007 GOVERNMENT GAZETTE, WA 6527 Electricity (Licensing) Amendment Regulations 2007
r. 44
52B. Certificates of compliance
(1)
Subject to subregulations (3) and (5), an electrical contractor who carries out any electrical installing work, or causes any electrical installing work to be carried out, commits an offence unless, within the period of 28 days after the completion of the electrical
installing work, a certificate of compliance, in a form
approved by the Director and duly completed, is
prepared by the electrical contractor in respect of the
electrical installing work and delivered to the person
for whom the work was carried out.(2)
An electrical contractor who fails to keep a copy of the certificate of compliance for the period of 5 years after the completion of the electrical installing work
commits an offence. (3) Subregulation (1) does not apply to in-house electrical
installing work carried out under the authority of an
in-house electrical installing work licence.(4) A certificate of compliance is not duly completed
unless —
(a) it is completed by the relevant electrical contractor or, if subregulation (5) applies, by the electrical worker; and (b) it is given an identifying number that is not given to any other certificate of compliance given by or on behalf of the electrical contractor; and
(c)
it states the number of the electrical contractor’s licence and, if subregulation (5) applies, the number of the electrical worker’s licence or permit; and
(d)
it describes clearly and accurately the electrical installing work to which it applies and states the
6528 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 44
address where that work was carried out and the
date on which that work was completed; and
(e)
it certifies that the electrical installing work to which it applies has been checked and tested and is safe and complies with these regulations; and
(f)
it is signed or executed by the electrical contractor or, if subregulation (5) applies, it is signed by the electrical worker.
(5) A licensed electrical worker who —
(a) is an employee of an electrical contractor; and (b)
is given written authority, in a form approved by the Director, by the electrical contractor,
may complete a certificate of compliance on behalf of
the electrical contractor.
(6)
If requested to do so by the person for whom the electrical installing work is carried out, a person authorised under subregulation (5) is to produce his or
her authority to complete the certificate of compliance. (7) A person who gives a certificate of compliance that the
person knows to be false or misleading commits an
offence.
52C. Duties of electrical contractor in relation to
electrical installing work and electrical workers
(1) An electrical contractor who carries out electrical
installing work, or causes electrical installing work to
be carried out, is to ensure that —
(a)
any electrician employed or engaged by the electrical contractor to carry out any of the electrical installing work has had appropriate
31 December 2007 GOVERNMENT GAZETTE, WA 6529 Electricity (Licensing) Amendment Regulations 2007
r. 45
training, holds a current licence and is
competent to carry out the work; and
(b) to the extent practicable and reasonable — (i) when the electrical installing work is completed, it is checked and tested and is safe; and
(ii) the electrical installing work is completed to a trade finish.
(2) This regulation does not limit the application of
regulation 49B to an electrician who is employed or
engaged by an electrical contractor to carry out
electrical installing work.”.
45. Regulation 53 amended
(1) Regulation 53(1) is amended by deleting “regulations 51 and
52” and inserting instead —“ regulations 51, 52, 52B and 52C ”. (2) After regulation 53(2) the following subregulations are
inserted —“
(3) A person shall not employ, engage or instruct an
electrical worker in training to carry out any electrical
work unless the electrical worker holds an electrician’s
training licence.(4) In subregulation (3) — “electrical worker in training” means an electrical worker who is an apprentice or who is undergoing
a course of training.
”.
6530 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 46
46. Regulation 55 repealed
Regulation 55 is repealed.
47. Regulation 60 amended and Schedule 1 consequentially amended
(1) Regulation 60(1) is amended by deleting “copy of ” and
inserting instead —“ replacement for ”. (2) Regulation 60(2) is amended by deleting “copy of ” and
inserting instead —“ replacement for ”. (3) Regulation 60(3) is amended as follows:
(a) by deleting “copy” in the first place where it occurs and inserting instead — “ replacement for a licence or permit ”;
(b) by deleting “of which it is a copy.” and inserting instead — “ for which it is a replacement. ”.
(4) Schedule 1 is amended as follows:
(a)
by deleting item 1(c) and inserting the following subitem instead —
“
(c) Replacement for licence or permit or copy
of certificate of registration ................................ 10 ”;
(b)
by deleting item 2(d) and inserting the following subitem instead —
“
(d) Replacement for licence or copy of
certificate of registration .................................... 30 ”.
31 December 2007 GOVERNMENT GAZETTE, WA 6531 Electricity (Licensing) Amendment Regulations 2007
r. 48
48. Regulation 61 amended
Regulation 61 is amended as follows:
(a) in paragraph (a) by deleting “31(2)(c) or 47(2)(b);” and “
29(3), 31(2)(c), 38(7), 43(3), 45A(4) or
47(2)(b); or
”;
(b) in paragraph (b) by deleting “31(2)(a) or 47(2)(a);” and inserting instead — “ 29(3), 31(2)(a), 45A(4) or 47(2)(a); ”.
49. Regulation 62 amended
Regulation 62(1) is repealed and the following subregulation is
inserted instead —
“
(1) Subject to subregulation (2), if it appears to an
electrical worker carrying out electrical work on any
electrical installation or electrical equipment that there
is a defect in the installation or equipment that renders
the installation or equipment unsafe, the electrical
worker is as soon as is practicable —
(a) to report the matter to the owner or occupier of the premises where the installation or equipment is located and inform the owner or occupier that the matter is required to be reported as provided in paragraph (b); and (b) to report the matter — (i) to the relevant network operator; or
(ii) if the electrical worker is unable to operator — to the Director.
”.
6532 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 50
50. Regulation 63 replaced
Regulation 63 is repealed and the following regulation is
inserted instead —“ 63. Electrical accidents to be reported
(1) In this regulation — “electrical accident” means an accident —
(a)
that results from a sudden discharge of electricity or that otherwise has, or is likely to have, an electrical origin; and
(b)
that causes, or is likely to cause, danger to life, a shock or injury to a person or loss of or damage to property;
“employee” includes a person engaged under a
contract for services;
“employer” includes a person who engages another
person under a contract for services.
(2) Subject to subregulations (4), (5) and (6), immediately
after a person becomes aware that an electrical accident
has taken place, the person is to report the accident —
(a) to the relevant network operator; or (b)
if the person is unable to identify the relevant network operator — to the Director.
(3) Subject to subregulation (7), immediately after a
network operator becomes aware that an electrical
accident has taken place (by being given a report under
subregulation (2) or otherwise), the network operator is
to report the accident to the Director.(4) Immediately after an employee becomes aware that an
electrical accident has taken place at the employee’s
workplace, he or she is to report the accident to the
31 December 2007 GOVERNMENT GAZETTE, WA 6533 Electricity (Licensing) Amendment Regulations 2007
r. 51
employer concerned and the employer is then to
comply with subregulation (2).
(5)
It is a defence to a charge under subregulation (2) (as read with regulation 65(1)) for the person charged to prove that, at the relevant time, the person believed on
reasonable grounds that the accident had already been
reported to the relevant network operator or to the
Director (as the case requires) by another person.(6)
It is a defence to a charge under subregulation (4) (as read with regulation 65(1)) for the person charged to prove that, at the relevant time, the person believed on
reasonable grounds that the accident had already been reported to the employer concerned by another person.
(7) A network operator is not required to report to the
Director that an electrical accident has taken place if —
(a)
the electrical accident is a notifiable incident of which the Director is required to be given a notification under the Electricity (Supply Standards and System Safety) Regulations 2001 regulation 35(1)(a); and
(b)
the network operator has given the required notification to the Director.
(8)
Nothing in this regulation requires the Director to report that an electrical accident has taken place.
”.
51. Regulation 63A amended
Regulation 63A is amended after “at which an” by inserting —
“ electrical ”.
52. Regulation 64 amended
Regulation 64(2) is amended by deleting “holder”.
6534 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 53
53. Regulation 65 amended
Regulation 65 is amended as follows:
(a) before “A” by inserting the subregulation designation “(1)”; (b) by deleting the passage from, and including, “offence and is liable,” to the end of the regulation and inserting instead — “ offence. ”;
(c) at the end of the regulation by inserting —
“
(2) Unless otherwise provided, a person who commits an
offence under these regulations is liable to —
(a) for an individual, a fine of $50 000; or (b) for a body corporate, a fine of $250 000. ”.
54. Regulation 65A inserted
After regulation 65 the following regulation is inserted —
“
65A. Offences by members of firms (1) If —
(a)
a firm that holds an electrical contractor’s licence does or omits to do anything; and
(b)
an individual who holds an electrical contractor’s licence who did or omitted to do the thing would commit an offence under these regulations,
each member of the firm is taken to have committed
the offence.
31 December 2007 GOVERNMENT GAZETTE, WA 6535 Electricity (Licensing) Amendment Regulations 2007
r. 55
(2)
It is a defence to a charge of an offence referred to in subregulation (1) for a member of a firm to prove —
(a)
that the offence was committed without the member’s consent or connivance; and
(b)
that the member took all the measures to prevent the commission of the offence that he or she could reasonably be expected to have taken having regard to the member’s functions and to all the circumstances.
”.
55. Regulation 67 replaced
Regulation 67 is repealed and the following regulation is
inserted instead —“ 67. Saving and transitional provisions
(1) In this regulation — “commencement day” means the day on which the Electricity (Licensing) Amendment
operation.
(2) A person who, immediately before the commencement
day, was the holder of an “A” grade licence, a “C”
grade licence or a restricted licence continues, on and
after the commencement day and subject to these
regulations, to be authorised to carry out the electrical
work that the person was authorised by that licence to
carry out before that commencement.(3) A provision of these regulations that —
(a)
apart from this subregulation, would cease to have effect or would have a modified effect on the commencement day; and
6536 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 56
(b)
is required to continue to have the effect it had immediately before the commencement day for the purposes of subregulation (2),
continues to have that effect for those purposes.
(4) Subject to these regulations, on the expiry of the
registration of a licence listed in column 1 of the Table
to this regulation that was in force immediately before
the commencement day, that registration may be
renewed, and the licence then has effect, as if the
licence were a licence listed in the corresponding
position in column 2 of that Table.(5) When the registration of a licence is renewed in
accordance with subregulation (4), the licence is to be
subject to any restrictions or conditions that are
necessary for the licence to authorise to be carried out
only the electrical work that was authorised to be
carried out by the licence immediately before the
registration expired.
Table
Column 1 Column 2 “A” grade licence electrician’s licence “C” grade licence electrician’s training licence restricted licence restricted licence ”.
56. Schedule 1 amended
Schedule 1 is amended as follows:
(a) in item 1(b) by deleting “holder”; (b) in item 2(b) by deleting “a contractor” and inserting instead — “ electrical contractor’s licence ”;
31 December 2007 GOVERNMENT GAZETTE, WA 6537 Electricity (Licensing) Amendment Regulations 2007
r. 57
(c) in item 2(c) after “work” by inserting — “ licence ”;
(d) after item 2(c) by inserting the following subitems — “
(ca) Replacing or adding nominee: electrical
contractor’s licence ……………………. 340 (cb) Replacing or adding nominee: in-house
electrical installing work licence ……… 170 ”.
57. Amendments relating to “appointed day”
(1) Regulation 3(1) is amended by deleting the definition of
“appointed day”.(2) Regulation 3(2) is repealed. (3) Regulation 19(1) is amended by deleting “, on or after the
appointed day,”.(4) Regulation 33(1) is amended by deleting “, on or after the
appointed day,”.(5) Regulation 37(1) is amended by deleting “On and after the
appointed day, a” and inserting instead —“ A ”. 58. Amendments relating to “nominee”
(1) Regulation 3(1) is amended by deleting the definition of
“nominated electrical worker” and inserting in the appropriate
alphabetical position —
““nominee”, in relation to a licence under Part 4, means
a person for the time being nominated for the
purposes of regulation 36(1), (2) or (3) or 37(1) inrespect of that licence;
”.
6538 GOVERNMENT GAZETTE, WA 31 December 2007 Electricity (Licensing) Amendment Regulations 2007
r. 59
(2) The provisions listed in the Table to this subregulation are
amended by deleting “nominated electrical worker” in each
place where it occurs and inserting in each place instead —“ nominee ”.
Table
r. 31(2)(b) r. 38(6) (in 2 places) r. 31A(1)(d) r. 38(7) r. 38(3) r. 54(1)(b) and (c) r. 38(4) (in 2 places) r. 54(2)(a) r. 38(5) (in 3 places) 59. Amendments relating to “network operator”
(1) Regulation 3(1) is amended as follows:
(a) by inserting in the appropriate alphabetical position — “
“network operator” means a supply authority and any
other person lawfully operating transmission or
distribution works;
”;
(b)
by deleting the definition of “the relevant supply authority” and inserting instead —
“
“relevant network operator” means —
(a)
for an electrical installation that is, or is to be, supplied with electricity by a network operator — the network operator; or
(b)
for an electrical installation that is not, and is not to be, supplied with electricity by a network operator — the Director;
”.
31 December 2007 GOVERNMENT GAZETTE, WA 6539 Electricity (Licensing) Amendment Regulations 2007
r. 59
(2) The provisions listed in the Table to this subregulation are
amended by deleting “supply authority” in each place where it
occurs and inserting in each place instead —“ network operator ”.
Table
r. 3(1), definition of “private r. 52(3) generating plant”
r. 19(2)(e) (in 2 places) r. 53A(1) r. 51(3), definition of “the r. 53A(2) required time”
By Command of the Governor,
M. C. WAUCHOPE, Clerk of the Executive Council.
0
0
0