Electricity Safety Legislation Amendment Act 2023 (ACT)

Electricity Safety Legislation Amendment Act 2023

A2023-4

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

Part 2Construction Occupations (Licensing) Act 2004

4            Certain entities not to provide construction servicesSection 84 (3), new note  3

5            New section 84 (3A)  3

6            New section 84 (4), new note  3

7           New section 84 (6)  3

8            Allowing unlicensed people to provide construction serviceSection 85 (3), new note  4

9            New section 85 (3A)  4

10          Section 85 (4), new note  4

11          New section 85 (5)  4

Part 3Electricity Safety Act 1971

12          New section 62B  5

Schedule 1Electricity Safety Act 1971—Technical amendments 6

Electricity Safety Legislation Amendment Act 2023

A2023-4

An Act to amend legislation about electricity safety, and for other purposes

The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1Preliminary

1. Name of Act

   This Act is the Electricity Safety Legislation Amendment Act 2023.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Construction Occupations (Licensing) Act 2004 and the Electricity Safety Act 1971.

   NoteThe Electricity Safety Act 1971 is also amended in sch 1.

Part 2Construction Occupations (Licensing) Act 2004

1. Certain entities not to provide construction services
   Section 84 (3), new note

   insert

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) and s (3A) (see Criminal Code, s 58).

2. New section 84 (3A)

   insert

   (3A)Also, this section does not apply to an entity if—

   (a)the entity provides an electrical wiring service; and

   (b)the entity—

   (i)is an exempt regulated utility; or

   (ii)provides the service for an exempt regulated utility.

3. New section 84 (4), new note

   insert

   NoteThe defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).

4. New section 84 (6)

   insert

   (6)In this section:

   exempt regulated utility means a regulated utility exempted from the Electricity Safety Act 1971 by an exemption under that Act, section 62B.

   regulated utility—see the Utilities (Technical Regulation) Act 2014, section 8.

5. Allowing unlicensed people to provide construction service
   Section 85 (3), new note

   insert

   NoteThe defendant has an evidential burden in relation to the matters mentioned in s (3) and s (3A) (see Criminal Code, s 58).

6. New section 85 (3A)

   insert

   (3A)Also, this section does not apply to a regulated utility if—

   (a)the regulated utility engages someone else, or allows an employee of the regulated utility, to provide an electrical wiring service for the regulated utility; and

   (b)the regulated utility is an exempt regulated utility.

7. Section 85 (4), new note

   insert

   NoteThe defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code, s 59).

8. New section 85 (5)

   insert

   (5)In this section:

   exempt regulated utility—see section 84 (6).

   regulated utility—see section 84 (6).

Part 3Electricity Safety Act 1971

1. New section 62B

   in part 9, insert

62BMinister may exempt regulated utility

(1)The Minister may exempt a regulated utility from this Act if the Minister is reasonably satisfied that—

(a)the regulated utility is adequately regulated under another territory or Commonwealth law; and

(b)the exemption does not increase the risk to public safety.

NotePower to make an exemption includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies by reference to stated exceptions or factors (see Legislation Act, s 48).

(2)An exemption is a disallowable instrument.

(3)In this section:

regulated utility—see the Utilities (Technical Regulation) Act 2014, section 8.

Schedule 1Electricity Safety Act 1971—Technical amendments

(see s 3)

[1.1]Section 9, definition of declaration of compliance, paragraph (b)

substitute

(b)standards stated in a corresponding law.

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.2]Section 11A (6) (a) (ii) and (iii)

omit

of a State or another Territory

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.3]Section 20 (3) (a)

omit

of a State or another Territory

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.4]Section 22 (2)

omit

the corresponding law of a State or another Territory

substitute

a corresponding law

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.5]Section 23

omit

the corresponding law of a State or another Territory

substitute

a corresponding law

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.6]Section 58 (3), note 1

substitute

Note 1A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act, s 189).

Explanatory note

This amendment updates the note in line with current legislative drafting practice.

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 11 October 2022.

2. Notification

   Notified under the Legislation Act on 15 February 2023.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Electricity Safety Legislation Amendment Bill 2023, which originated in the Legislative Assembly as the Electricity Safety Legislation Amendment Bill 2022 and was passed by the Assembly on 9 February 2023.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2023