Electricity Regulations Amendment (Licensing) Regulations 2024 (WA)

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Western Australia

Electricity Act 1945

Electricity Regulations Amendment (Licensing) Regulations 2024

Western Australia

Electricity Regulations Amendment (Licensing) Regulations 2024 Contents Electricity Act 1945

Electricity Act 1945

Electricity Regulations Amendment (Licensing) Regulations 2024

Made by the Governor in Executive Council.

Part 1Preliminary1.Citation

These regulations are the Electricity Regulations Amendment (Licensing) Regulations 2024.

2.Commencement

These regulations come into operation as follows —

  • (a)

    Part 1 — on the day on which these regulations are published on the WA legislation website;

  • (b)

    the rest of the regulations — on the day after that day.

Part 2Electricity (Licensing) Regulations 1991 amended3.Regulations amended

This Part amends the Electricity (Licensing) Regulations 1991.

4.Part 3 Division 1 heading inserted

At the beginning of Part 3 insert:

Division 1 — General

5.Part 3 Division 2 inserted

At the end of Part 3 insert:

Division 2 — Approved CPR courses

32A. Terms used

In this Division —

approved CPR course means a course approved by the Director under regulation 32B;

commencement day means the day on which the Electricity Regulations Amendment (Licensing) Regulations 2024 regulation 3 comes into operation;

completion period, in relation to an electrician, means —

  • (a)

    if the electrician ceases to hold an endorsed electrician’s licence after the day on which the period began — a period —

  • (i)

    of 3 years plus any period greater than 30 consecutive days during which the electrician was unlicensed; or

  • (ii)

    that is approved under regulation 32C;

or

  • (b)

    in any other case — a period of 3 years or a longer period approved under regulation 32C;

continuing CPR course means an approved CPR course referred to in regulation 32G(2);

endorsed electrician’s licence means an electrical worker’s licence endorsed as an electrician’s licence;

initial CPR course means an approved CPR course referred to in regulation 32E(2) or 32F(2);

licensed electrician means an individual who holds an endorsed electrician’s licence.

32B. Approved CPR courses

  • (1)

    The Director may approve, in writing, a course if the Director considers that the course is suitable for training licensed electricians in providing cardiopulmonary resuscitation.

  • (2)

    The Director must publish the approval on the department’s website or on a website maintained by or on behalf of the State.

  • (3)

    The approval commences at the beginning of —

    • (a)

      the day after the day on which the approval is published under subregulation (2); or

    • (b)

      a later day specified in the approval.

  • (4)

    The approval is not subsidiary legislation for the purposes of the Interpretation Act 1984.

  • (5)

    The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to the approval as if it were subsidiary legislation.

32C. Director may approve longer completion period for approved CPR courses

The Director may approve, in writing, a period longer than 3 years for the completion of an approved CPR course by a licensed electrician, or a class of licensed electricians, if the Director considers it appropriate in the circumstances.

32D. Director may exempt licensed electricians from completing approved CPR courses

  • (1)

    The Director may exempt, in writing, a licensed electrician, or a class of licensed electricians, from 1 or more of the following requirements if the Director considers it appropriate in the circumstances —

    • (a)

      a requirement to complete an initial CPR course;

    • (b)

      a requirement to complete a continuing CPR course;

  • (2)

    The exemption —

    • (a)

      may be subject to any conditions stated in the exemption; and

    • (b)

      must state the period for which it applies.

  • (3)

    The Director must not make an exemption under subregulation (1) unless the electrician, or class of electricians, is expected to hold an endorsed electrician’s licence —

    • (a)

      during a public health state of emergency under the Public Health Act 2016, an emergency situation or a state of emergency under the Emergency Management Act 2005 or during another emergency; or

    • (b)

      when an approved CPR course is not available or not available in certain locations; or

    • (c)

      when personal circumstances of the electrician or the class of electricians may prevent their completion of an approved CPR course.

  • (4)

    An exemption under subregulation (1) expires in relation to an electrician subject to the exemption at the earlier of —

    • (a)

      the end of the period stated in the notice of the exemption referred to in subregulation (2)(b); or

    • (b)

      the time the electrician fails to comply with 1 or more conditions to which the exemption is subject.

32E. Requirement to complete approved CPR courses for licensed electricians on commencement day

  • (1)

    This regulation applies to a person who is a licensed electrician on commencement day.

  • (2)

    A licensed electrician must complete an approved CPR course within the completion period beginning on commencement day.

Penalty for this subregulation: a fine of $10 000.

  • (3)

    It is a defence to a charge of an offence under subregulation (2) for the person charged to prove that they had a reasonable excuse for failing to comply with the requirement to complete the approved CPR course.

  • (4)

    Subregulation (2) does not apply to a licensed electrician exempted under regulation 32D(1) from the requirement to complete the approved CPR course.

32F. Requirement to complete approved CPR courses on issue of first endorsed electrician’s licences after commencement day

  • (1)

    This regulation applies to a licensed electrician who —

    • (a)

      is issued an endorsed electrician’s licence after commencement day; and

    • (b)

      did not hold an endorsed electrician’s licence on commencement day.

  • (2)

    A licensed electrician must complete an approved CPR course within the completion period beginning on the day on which an endorsed electrician’s licence is first issued to the electrician after commencement day.

Penalty for this subregulation: a fine of $10 000.

  • (3)

    It is a defence to a charge of an offence under subregulation (2) for the person charged to prove that they had a reasonable excuse for failing to comply with the requirement to complete the approved CPR course.

  • (4)

    Subregulation (2) does not apply to a licensed electrician exempted under regulation 32D(1) from the requirement to complete the approved CPR course.

32G. Continuing requirements: approved CPR courses

  • (1)

    This regulation applies to a licensed electrician who was required to complete, or exempted from the requirement to complete, an initial CPR course.

  • (2)

    A licensed electrician must complete an approved CPR course within each completion period beginning on the day after the day on which the electrician completed their last approved CPR course.

Penalty for this subregulation: a fine of $10 000.

  • (3)

    It is a defence to a charge of an offence under subregulation (2) for the person charged to prove that they had a reasonable excuse for failing to comply with the requirement to complete the approved CPR course.

  • (4)

    Subregulation (2) does not apply to a licensed electrician exempted under regulation 32D(1) from the requirement to complete the approved CPR course.

32H. When completion period begins for continuing requirements if previous approved CPR courses not completed

  • (1)

    For the purposes of regulation 32G(2), if an electrician has not completed an initial CPR course, the day on which the completion period begins is taken to be the day after the day on which the completion period referred to in regulation 32E(2) or 32F(2) ends, or would have ended had the electrician not been exempted from the requirement, as the case requires.

  • (2)

    For the purposes of regulation 32G(2), if an electrician has previously been required to complete, but has not completed, a continuing CPR course, the day on which the completion period begins for the next requirement is taken to be the day after the day on which the completion period referred to in regulation 32G(2) ends in relation to the previous requirement.

  • (3)

    For the purposes of regulation 32G(2), if an electrician has been exempted from a requirement to complete a continuing CPR course, the day on which the completion period begins for the next requirement is taken to be the day after the day on which the completion period referred to in regulation 32G(2) would have ended had the electrician not been exempted from the requirement.

32I. Powers to require course completion records

  • (1)

    In this regulation —

course completion record, in relation to a written direction, means an official certificate of completion or official transcript from a course provider for each course that a person was required to complete under this Division.

  • (2)

    The Director may give a written direction to a person who was required under this Division to complete an approved CPR course within the period of 5 years before the day on which the direction is given.

  • (3)

    The direction must include the following —

    • (a)

      that the person must give a copy of the person’s course completion record to the Director within 10 working days from the day on which the direction is given;

    • (b)

      the period of time that the course completion record must cover;

    • (c)

      how the person must give a copy of the person’s course completion record to the Director.

Example for this subregulation:

For the purposes of paragraph (c) — email, uploading to file transfer site.

  • (4)

    The period of time referred to in subregulation (3)(b) must not be more than 5 years before the day on which the direction is given.

  • (5)

    The direction is taken to be given to a licensed electrician if it is sent electronically to the electrician’s email address provided to the Board as referred to in regulation 28(3).

  • (6)

    A person who fails to comply with a direction given to the person under this regulation commits an offence.

Penalty for this subregulation: a fine of $10 000.

  • (7)

    It is a defence to a charge of an offence under subregulation (6) for the person charged to prove that they had a reasonable excuse for failing to comply with the direction.

     
Part 3Electricity Regulations 1947 amended6.Regulations amended

This Part amends the Electricity Regulations 1947.

7.Schedule 1 amended

In Schedule 1 in Table 3 after the row relating to r. 28(1) and 65 insert:

r. 32E(2)

Failing to complete approved CPR course within completion period

$500

r. 32F(2)

Failing to complete approved CPR course within completion period after first licence issued

$500

r. 32G(2)

Failing to complete approved CPR course within completion period after last course completed

$500

r. 32I(6)

Failing to comply with written direction to provide course completion record

$500

V. MOLAN, Clerk of the Executive Council

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