Energy Regulations Amendment (Electricity Licensing) Regulations 2022 (WA)
15 March 2022 GOVERNMENT GAZETTE, WA 2141 ENERGY
EN301
Electricity Act 1945
Energy Regulations Amendment (Electricity
Licensing) Regulations 2022
SI, 2022/36
Made by the Governor in Executive Council.
Part 1 — Preliminary
1. Citation
These regulations are the Energy Regulations Amendment
(Electricity Licensing) Regulations 2022.
2. Commencement
These regulations come into operation as follows —
(a)
Part 1 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day.
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Part 2 - Electricity (Licensing) Regulations 1991
amended
3. Regulations amended
This Part amends the Electricity (Licensing) Regulations 1991.
4. Regulation 3 amended
(1) In regulation 3(1) delete the definition of Chairman. (2) In regulation 3(1) insert in alphabetical order: apprentice Vocational chairperson means the person appointed under regulation 5(1)(a) to be chairperson of the Board; department means the department of the Public Service principally assisting in the administration of the Act;
has the meaning given in the
(3) In regulation 3(1) in the definition of prescribed policy of insurance delete "36(1)(a)(iv) in respect of the work of an electrical contractor;" and insert: 36(1 )(c), (2)(c) and (3)(c); 5. Regulation 5 amended
(1) In regulation 5(1 )(a) delete "Chairman; and" and insert: chairperson; and (2) In regulation 5(2):
(a) delete paragraph (a); (b) delete paragraph (d) and insert:
(d) a person shall not be appointed under
subregulation (1)(d) unless that person -(i) is, or has been, the holder of an electrician's licence issued under Part 3 for not less than 5 years; and
(ii) is, or has been, the holder of a licence issued under Part 4;
15 March 2022 GOVERNMENT GAZETTE, WA 2143
(3) After regulation 5(2) insert:
(3) For the purposes of subregulation (2)(d)(ii) -
(a) a person is taken to be the holder of a licence issued under Part 4 if the person is a partner in a firm, or an officer of a body corporate, that holds a licence issued under Part 4; and (b) a person is taken to have been the holder of a licence issued under Part 4 if the person was a partner in a firm, or an officer of a body corporate, at a time when the firm or body
corporate held a licence under Part 4.
6. Regulation 7 amended
(1) In regulation l:
(a) delete "Subject" and insert: (1) Subject
(b) delete "his or her" and insert: their
(c) delete "re-appointment." and insert: reappointment.
(2) At the end of regulation 7 insert:
(2) If the term of office of a member of the Board expires
by effluxion of time without a person having been
appointed to fill the vacancy, the member continues in
office until the earlier of the following -
(a) the end of the period of 6 months immediately following the expiry of the term of office; (b) the vacancy being filled (whether by the reappointment of the member or the appointment of a new member); (c) an acting member being appointed by the Minister under regulation 9(1 )(b)(i); (d) the member resigning under regulation 8(1); (e) the member being removed from office under regulation 8(2) or (3); (1) the member dying.
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7. Regulation 8 amended
In regulation 8(4):
(a) after "vacant" insert: (a casual vacancy)
(b) delete "shall" and insert: must
8. Regulation 9 amended
(1) Delete regulation 9(1) and insert:
(1) The Minister may appoint an eligible person to act in
the place of a member of the Board (other than the
chairperson) if—
(a) the member is absent or temporarily incapable of fulfilling the duties of the member; or (b) the office of the member is vacant due to - (i) the expiry of the member's term of office by effluxion of time; or
(ii) a casual vacancy (as defined in regulation 8(4)).
(1A) A person appointed under subregulation (1) to act in
the place of a member of the Board is appointed to act during the member's absence or incapacity, or until the vacancy in the office of the member is filled, as the
case requires.
(1 B) A person appointed under subregulation (1) to act in
the place of a member of the Board has all the powers,
functions and duties of the member.
(2) In regulation 9(2):
(a) delete "Chairman shall" and insert: chairperson is to
(b) delete "casual".
(3) In regulation 9(3) delete "Chairman" and insert: chairperson
15 March 2022 GOVERNMENT GAZETTE, WA 2145
(4) In regulation 9(4):
(a) delete "Chairman" and insert: chairperson
(b) delete "Chairman," and insert: chairperson,
(c) delete "Chairman." and insert: chairperson.
9. Regulation 10 amended
In regulation 10(2)(b) delete "Chairman" (each occurrence) and insert:
chairperson
10. Regulation 13 amended
(1) Delete regulation 13(2)(a) and insert:
(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
(aa) to advise any person, including the Minister
and the Director, on the matters referred to in paragraph (a); and
(2) Delete regulation 13(5).
Note: The heading to amended regulation 13 is to read:
Functions of Board
11. Regulation 19 amended
(1) In regulation 19(1A) insert in alphabetical order: relevant training contract, in relation to an apprentice, means a training contract, as defined in the Vocational Education and Training Act 1996 section 60A -
(a) that is registered under section 60F of that Act;
and
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(b) the completion of which by the apprentice
would fulfil the requirements of
regulation 22(1);
(2) In regulation 19(2):
(a) delete paragraph (e) and insert:
(e) to work carried out by a person authorised by
the relevant network operator on -(i) any service apparatus the property of a major network operator; or
(ii) any service apparatus the property of a consumer and connected to the network of a major network operator;
or
(b) in paragraph (p)(ii) delete "premises." and insert: premises;
(c) after paragraph (p) insert: or
(q) to electrical work performed by an apprentice who is under a relevant training contract if— (i) the electrical work being performed by the apprentice is being supervised by a person who holds an electrician's
licence that authorises the supervisor to
carry out the electrical work
unsupervised; and (ii) the Board has not issued an electrician's training licence to the apprentice; and
(iii) the Board has not notified the apprentice that their application for an electrician's training licence has been refused; and
(iv) less than 60 days has passed since the relevant training contract was registered under the Vocational Education and Training Act 1996 section 60F.
12. Regulation 25 deleted
Delete regulation 25.
15 March 2022 GOVERNMENT GAZETTE, WA 2147 13. Regulation 36 amended
(1) In regulation 36(1):
(a) in paragraph (a)(iii) delete "Board; and" and insert: Board;
(b) delete paragraph (a)(iv); (c) in paragraph (b) delete "Acts." and insert: Acts; and
(d) after paragraph (b) insert:
(c) the individual holds a current policy of
insurance against civil liability, in respect of the
individual's work as an electrical contractor,
that complies with the requirements specified
by the Board.
(2) In regulation 36(2):
(a) in paragraph (a) delete "subregulation (1); and" and insert: subregulation (1)(a) and (b); and
(b) in paragraph (b) delete "subregulation (1)(b)." and insert: subregulation (1)(b); and
(c) after paragraph (b) insert:
(c) the firm holds a current policy of insurance
against civil liability, in respect of the firm's
work as an electrical contractor, that complies
with the requirements specified by the Board.
(3) In regulation 36(3):
(a) in paragraph (a) delete "subregulation (1); and" and
insert:subregulation (1)(a) and (b); and
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(b) in paragraph (b) delete "subregulation (1)(b)." and insert: subregulation (1)(b); and
(c) after paragraph (b) insert:
(c) the body corporate holds a current policy of
insurance against civil liability, in respect of the
body corporate's work as an electrical
contractor, that complies with the requirements
specified by the Board.14. Regulation 49 amended
In regulation 49(1):
(a) in paragraph (a) delete "Rules as amended from time to time; and" and insert: Rules; and
(b) in paragraph (b) delete "193; and" and insert: specified by the Director and published in the
193, as amended by the additional requirements and
(c) in paragraph (c) delete "Schedule 2 as amended from time to time; and" and insert: Schedule 2; and
Note: The heading to amended regulation 49 is to read: Requirements for electrical work
15. Regulation 53 amended
Delete regulation 53(3) and (4).
15 March 2022 GOVERNMENT GAZETTE, WA 2149 16. Regulation 63C inserted
After regulation 63B insert:
63C. Delegation by Board
(1) The Board may delegate any power or duty of the
Board under these regulations other than -
(a) this power of delegation; and (b) a power delegated to it under regulation 63B.
(2) A delegation under subregulation (1) may be made
to -
(a) a member of the Board; or (b) an officer of the department; or (c)
with the approval of the Director, any other person.
(3) The delegation must be in writing executed by the
Board.(4) A person to whom a power or duty is delegated under
this regulation cannot delegate that power or duty.(5) A person exercising or performing a power or duty
delegated to them under this regulation is taken to do
so in accordance with the terms of the delegation
unless the contrary is shown.(6) Nothing in this regulation limits the ability of the Board to perform a function through an officer or agent. 17. Regulation 64A inserted
After regulation 64 insert:
64A. Refund of registration fee (1) This regulation applies if—
(a)
the Board refuses, or a person withdraws, an application made by the person under regulation 23(1), 27(2) or 39(1) for the issue of a licence or permit or the renewal of the registration of a licence; and
(b)
the person has paid a registration fee in respect of the application.
(2) The Director must refund the registration fee to the
person.
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Part 3 Electricity Regulations 1947 amended 18. Regulations amended
This Part amends the Electricity Regulations 1947.
19. Schedule 1 amended
In Schedule 1 in Table 3 delete the row relating to regulation 53(3) and 65.
V.M 0 LAN, Clerk of the Executive Council.
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