Electricity (Licensing) Amendment Regulations 2017 (WA)
2 May 2017 GOVERNMENT GAZETTE, WA 2291 EN302
Electricity Act 1945
Electricity (Licensing) Amendment
Regulations 2017
Regulations 1991. Made by the Governor in Executive Council.
1. Citation
These regulations are the Electricity (Licensing) Amendment
Regulations 2017.2. 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 after that day. 3. Regulations amended
These regulations amend the Electricity (Licensing)
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4. Regulation 3 amended
(1) In regulation 3(1) delete the definitions of
electrical installation
prh'ate generating plant
(2) In regulation 3(1) insert in alphabetical order:
contact details, of a person who holds a licence or a permit, means the residential address, address of the principal place of business, postal address, telephone number and email address of the person;
electrical installation -
(a) includes all wiring, wiring enclosures, switch gear, control and protective gear, appliances and any other components permanently
connected to or associated with the wiring and
that is on or in -(i) premises to which electricity is or is intended to be supplied through transmission or distribution works; or
(ii) premises used as a generating station;
and
(b) where electricity is supplied from a private
generating plant, includes that plant;
private generating plant has the meaning given in
regulation 4AA;
Regional Power Corporation means the body
established by the Electricity Corporations Act 2005
section 4(1 )(d);
transportable structure means a structure that can bemoved from a site to another site and on which
notifiable work may be carried out;
(3) In regulation 3(1) in the definition of electrical installing work
delete "removing, or," and insert:
removing or
(4) In regulation 3(1) in the definition of notifiable work delete
paragraphs (b) and (c) and insert:
(b) the addition or alteration of I final sub-circuit
including the addition or alteration of its
protective device; or
(c) the alteration of 1 or more final sub-circuits;
2 May 2017 GOVERNMENT GAZETTE, WA 2293
5. Regulation 4A amended
Delete regulation 4A(2A) and insert:(1A) However electrical work does not include work on
vehicle, as defined in the Road Traffic (Administration)
components of the propulsion system of a motor electricity.
6. Regulation 4AA inserted At the end of Part 1 insert:
4AA. Term used: private generating plant
(1) In these regulations -
private generating plant means generating works that
are for the generation of electricity at a nominal
pressure exceeding 50 volts alternating current or120 volts ripple free direct current including -
(a) generating works that are for the self-propulsion or other motivation of mobile equipment; and (b) subject to subregulation (2)(b), generating exemption order made under the Electricity Industry Act 2004 section 8(1); and
(c) installation of a consumer (such as fixed
generating works forming an electrical generator, solar panel, wind powered generator,
such as a battery or fly-wheel); and fuel cell, inverter or an energy storage device, (d)
all works, electrical equipment and wiring ancillary to such generating works.
(2) However private generating plant does not include -
(a) generating works owned or operated by -
(i) Corporation established by the
the Electricity Generation and Retail section 4(1)(a); or
(ii) the Electricity Networks Corporation
established by the Electricity
Corporations Act 2005 section 4(1)(b);
or
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(iii) the Regional Power Corporation;
or
(b) generating works constructed or operated under
the exemption in the Electricity Industry
Exemption Order 2005 clause 10(2).
7. Regulation 19 amended
(1) In regulation 19(1 A) in the definition of professionally qualified engineer delete paragraph (a) and insert:
(a) holds a degree in electrical engineering with a specialisation in electrical power engineering; and
(2) In regulation 19(2):
(a) delete paragraph (o)(ii) and insert:
(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 timeafter its installation;
or
(b) after paragraph (o) insert: (p) to the removal of wiring or electrical equipment
from premises if-
(i) a demolition permit, as defined in the
Building Act 2011 section 3, is in effect for demolition work on the premises;
and(ii) ensures that all supplies of electricity
the person who carries out the removal disconnected, from the premises.
8. Regulation 26 amended
(1) In regulation 26(1) delete "certificate of registration" and insert:
licence
2 May 2017 GOVERNMENT GAZETTE, WA 2295 (2) After regulation 26(1) insert:
(IA) In subregulation (1), the reference to the period
specified in the licence includes the period specified in operation.
a certificate of registration of a licence that was in
effect immediately before the Electricity (Licensing)9. Regulation 27 amended
(1) In regulation 27(5) delete "certificate of registration" and insert: licence (2) After regulation 27(5) insert:
(5A) In subregulation (5), the reference to the period
specified in the licence includes the period specified in
a certificate of registration of a licence that was in
effect immediately before the Electricity (Licensing)
Amendment Regulations 2017 regulation 9 came into
operation.10. Regulation 28 replaced
Delete regulation 28 and insert:
28. Contact details
(1) Where the contact details of a person who holds a
licence or permit, or has made an application to the Board under these regulations, change from that of which the Board last had notice, the person must, not later than 28 days after the change, give to the Board notice of the person's new contact details.
(2) 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.(3) For the purposes of these regulations, the last known
contact details of a person are -(a) the contact details given by the person to the
Board in an application made to the Board under these regulations; or
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(b) if the person has given notice of a change of contact details under subregulation (1) - the contact details in the notice.
11. Regulation 33 amended
Delete regulation 33(1) and insert:(1) Subject to this regulation, a person who carries on
business as an electrical contractor, or advertises, or
otherwise holds Out or implies, that the person is
carrying on business as an electrical contractor,
commits an offence unless the person is authorised by
an electrical contractor's licence to so carry on
business.
12. Regulation 47C inserted At the end of Part 4 insert:
47C. Nominees to be notified of cancellation or
suspension of licenceIf a person's electrical contractor's licence or in-house electrical installing work licence is cancelled or suspended under these regulations, the person must, as soon as is practicable after becoming aware of the cancellation or suspension, give written notice of the cancellation or suspension to each person who was, immediately before the cancellation or suspension, a nominee in respect of the licence.
13. Regulation 49 amended
Delete regulation 49(2B) and insert:
(213) A standard or an amendment published by Standards
Australia to a standard referred to in
subregulation (1)(a) or (c) does not have effect for the
purposes of that subregulation until -
(a) a day declared by the Director by notice published in the Gazette; or (b) if no day is declared - (i) the day, if any, specified in the standard or the amendment to the standard as the day on which the standard, or the
amendment, comes into effect (the
commencement day); or
2 May 2017 GOVERNMENT GAZETTE, WA 2297 (ii) if there is no commencement day
specified in the standard or the
amendment to the standard - until
6 months after the day on which the
standard, or the amendment, is
published by Standards Australia.
14. Regulation 51 amended
In regulation 5 1(1):
(a) delete "subregulation (2)," and insert: subregulation (2) and regulation 52 BA,
(b) after 'by the electrical contractor" insert: or a person authorised by the electrical contractor 15. Regulation 52 amended
(1) In regulation 52(1) delete "(2AA)," and insert: (2AA) and regulation 52BA, (2) Delete regulation 52(2AB) and insert:
(2AB) An electrical contractor commits an offence if the
electrical contractor makes a record for the purposes of
subregulation (2AA)(c) that is false or misleading.
(3)
Delete regulation 52(2a) and insert: signed or executed by the electrical contractor who
prepared the notice of completion -(213) A notice of completion is to contain a declaration,
(a)
that the notifiable work to which the notice applies has been checked and tested and is safe and complies with these regulations; or
(b)
if subregulation (2C) applies - that the whole of the electrical installation has been checked and tested and is safe and complies with these regulations.
(2C) This subregulation applies if the notifiable work to
which the notice of completion applies -
(a) is carried out to connect a transportable
structure, or to make a transportable structure
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ready for connection, to a supply of electricity;
and(b) is carried out after the transportable structure is moved to the site at which it is to be connected to the supply of electricity.
(213) The electrical contractor must, in relation to a
declaration referred to in subregulation (213) -
(a) make a record of each test, inspection and verification carried Out in accordance with the Australian/New Zealand Wiring Rules that was performed on the electrical installation and the results of the tests; and (b) must keep the record for the period of 5 years after the completion of the notifiable work. 16. Regulation 52A amended
(1) In regulation 52A(3) delete "If an electrical contractor delivers a
notice under subregulation (2)(a) or (b)," and insert:If a notice is delivered under subregulation (2)(a) or (b) by, or on behalf of, an electrical contractor,
(2) Delete regulation 52A(4) to (6) and insert:
(5) A person commits an offence if the person delivers a
preliminary notice or a notice of completion that is
false or misleading.(6) An electrical contractor commits an offence if the
electrical contractor delivers a notice of completion for
notifiable work that was not carried Out, or caused to be carried Out, by or under the direction of the electrical contractor.
17. Regulation 52B amended
(1) In regulation 52R( I) delete -and (5)," and insert: and (5) and regulation 52BA, (2) After regulation 5213(2) insert: (2A) For the purposes of subregulations (1), (2), (4)(d) and
(8), electrical installing work is taken to be completed
2 May 2017 GOVERNMENT GAZETTE, WA 2299 if the electrical installation on which the work was
carried Out -
(a) is in use; or (b)
is connected to transmission or distribution works or a private generating plant or can be connected to transmission or distribution works or a private generating plant without the use of tools; or
(c)
is ready for connection to transmission or distribution works or a private generating plant.
(3) In regulation 52B(4A)(e) delete "plug". (4) Delete regulation 52B(4B) and insert: (413) An electrical contractor commits an offence if the
electrical contractor makes a record for the purposes of
subregulation (3)(c) that is false or misleading.
(5) Delete regulation 52B(7) and insert: (7) A person commits an offence if the person delivers an
electrical safety certificate that is false or misleading.(8) A person commits an offence if the person delivers an electrical safety certificate in respect of electrical
installing work that -
(a) has not been completed; or (b)
is unsafe or does not comply with these regulations.
(9) A person commits an offence if the person signs or
executes an electrical safety certificate in respect ofelectrical installing work and the person is not -
(a) the electrical contractor who carried out the work or caused the work to be carried out; or (b) a licensed electrical worker authorised under subregulation (5) to complete the electrical safety certificate on behalf of the electrical contractor.
(10) It is a defence in proceedings for an offence against subregulation (9)(b) for a licensed electrical worker charged to prove that, at the time of signing or
executing the electrical safety certificate, the licensed
electrical worker believed on reasonable grounds
that -(a) the electrical installing work was carried out
under the authority of an electrical contractor's
licence; and
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(b) the licensed electrical worker was authorised
under subregulation (5) to complete the
electrical safety certificate on behalf of the
electrical contractor.
18. Regulation 52BA inserted After regulation 52B insert:
52BA. Transportable structures: when compliance with
regulations 51, 52 and 52B not required
(1) Subregulation (2) applies if an electrical contractor
carries Out electrical installing work, or causes
electrical installing work to be carried out, in respect of
a transportable structure that is at a site for the
purposes of its construction or for otherwise preparing
it to be moved to another site at which it will be
connected to a supply of electricity.(2) If this subregulation applies, the electrical contractor is not required to comply with regulation 51, 52 or 52B in respect of the electrical installing work. (3) Nothing in this regulation limits an electrical contractor's obligation to comply with these regulations in relation to electrical installing work carried Out, or caused to be carried Out, by the electrical
contractor in respect of a transportable structure at a
site at which the structure is, or is intended to be,
connected to a supply of electricity.19. Regulation 53 amended
In regulation 53(1) delete "5213" and insert: 52B, 52BA
20. Regulation 54 amended
After regulation 54(1) insert:
(1A) It is a defence in proceedings for an offence against
subregulation (1) for a licensed electrical worker
charged to prove that, at the time the licensed electrical
worker signed the notice of completion, the licensed
electrical worker believed on reasonable groundsthat -
(a) the electrical installing work was carried out
under the authority of an electrical contractor's
2 May 2017 GOVERNMENT GAZETTE, WA 2301 licence held by the electrical contractor
concerned; and(b) the licensed electrical worker was a nominee in
respect of the licence held by the electrical
contractor concerned.
(1B) An electrical contractor whose electrical contractor's
licence is cancelled or suspended under these
regulations commits an offence if the electrical
contractor causes or permits a person who was,
immediately before the licence was suspended or
cancelled, a nominee in respect of the licence to sign a
notice of completion that is delivered under
regulation 52 in respect of electrical installing work
carried Out, or caused to be carried Out, by the electricalcontractor.
(IC) For the purposes of subregulation (1 B), an electrical
contractor is taken to have caused or permitted a person
to sign a notice of completion if, at the time the person
signed the notice of completion, the electrical
contractor had failed to notify the person under
regulation 47C of the cancellation or suspension of theelectrical contractor's licence.
21. Regulation 57 amended
In regulation 57(2)(a) delete "residential address" and insert:contact details
22. Regulation 58 amended
In regulation 58(1) delete "registration certificate" and insert: certificate of registration, if issued to the holder of the licence, 23. Regulation 64 amended
Delete regulation 64(2).
24. (1) In Schedule 1 item 1(c) delete "or copy of certificate of
Schedule 1 amended
registration".
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(2) In Schedule I delete item 3 and insert:
3. Further inspection -
(a) If relevant network operator is the Regional
Power Corporation 474.50
(b) If relevant network operator is not the Regional
Power Corporation 169
25. (I) In Schedule 2 after item 12 insert:
Schedule 2 amended
2A AS 3011.1-1992 Electrical installations - Secondary batteries installed in buildings -
Vented cells
12B. AS 3011.2-1992 Electrical installations - Secondary batteries installed in buildings -
Sealed cells
12C. AS 4086.1-1993 Secondary batteries for use with
stand-alone power systems - General requirements 12D. AS/NZS 4509.1:2009
Stand-alone power systems - Safety and installation (2) In Schedule 2 item 16 delete "AS/NZS 5033:2005" and insert:
AS/NZS 5033:2014
26. Various references to "distribution" amended
In the provisions listed in the Table delete "distribution" (each occurrence) and insert:
transmission or distribution
Table
r.4A(2)(a) s. 51(2)(c) r.52(2AA)(a) and (b)(ii) r. 52(4)(b) and (c) r. 52(5)(c)(ii) and (iii) N. HAGLEY, Clerk of the Executive Council.
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