Untitled document
Electricity Safety Amendment Act 2007
No. 61 of 2007
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Electricity Safety Management Scheme Amendments
4Definitions
5New section 3A inserted
3ADeclaration of certain distribution companies or transmission companies not to be major electricity companies
6General duties of network operator
7Part 10 substituted
Part 10—Electricity Safety Management
Division 1—General duty of major electricity companies
98General duty of major electricity companies
Division 2—Mandatory electricity safety management schemes (major electricity companies)
99Electricity safety management scheme
100Validation of electricity safety management scheme
for a supply network101Additional information
102Acceptance of electricity safety management scheme
103Provisional acceptance of electricity safety
management scheme104Non-acceptance of electricity safety management scheme
105Energy Safe Victoria may determine electricity safety management scheme
106Compliance with electricity safety management
scheme107Revision of electricity safety management scheme—change
108Revision of electricity safety management scheme—
each 5 years109Energy Safe Victoria may request submission of a revised electricity safety management scheme
110Offence to fail to submit revised electricity safety management scheme on request
111Application of provisions to revised electricity safety management scheme
112Exemption from regulations
113Compliance with electricity safety management
scheme is a defence
Division 3—Voluntary electricity safety management
schemes114Electricity safety management scheme for employers
of electrical workers115Electricity safety management scheme for specified premises
116Electricity safety management scheme for network operator
117
Exemption from certain provisions of Act or
regulations
118Compliance with electricity safety management
scheme119Revision of voluntary electricity safety management scheme—each 5 years
120Revision of voluntary electricity safety management scheme—change
120AEnergy Safe Victoria may request submission of
revised electricity safety management scheme120BCompliance with request
120CLapsing of electricity safety management scheme
120DDuty of employer of electrical workers
120EDuty of occupier of specified premises
120FDuty of network operator
120GCompliance with electricity safety management
scheme is a defence
Division 4—Other matters
120HCompliance audits—independent audits
120ICompliance audits—Energy Safe Victoria
120JAnnual fees
8Enforcement officer may issue improvement notice
9Electricity safety managers
10Safety management schemes
11New section 164 inserted
164Transitional provisions—Electricity Safety Amendment Act 2007
Part 3—Other Amendments
12Railway or tramway system
13Certificates of electrical safety
14New section 45AB inserted
45ABEnforcement officer may require rectification of non‑compliant electrical installation work
15Applications to review
16Victorian Electrolysis Committee
Part 4—Repeal of Act
17Repeal of Act
═══════════════
EndnoteS
Electricity Safety Amendment Act 2007
No. 61 of 2007
[Assented to 4 December 2007]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The main purpose of this Act is to amend the Electricity Safety Act 1998—
(a)to revise the arrangements relating to electricity safety management schemes; and
(b)to enable enforcement officers appointed by Energy Safe Victoria to serve notices on registered electrical contractors and licensed electrical installation workers compelling them to rectify non-compliant electrical work; and
(c)to provide for the representation of both tram and train operators on the Victorian Electrolysis Committee; and
(d)to otherwise improve the operation of the Act.
2Commencement
(1)This Act, other than Part 2, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), Part 2 comes into operation on a day to be proclaimed.
(3)If Part 2 does not come into operation before 1 January 2010, it comes into operation on that day.
3Principal Act
In this Act, the Electricity Safety Act 1998 is called the Principal Act.
__________________
Part 2—Electricity Safety Management Scheme Amendments
4Definitions
(1)In section 3 of the Principal Act, insert the following definitions—
"accepted ESMS means—
(a)an electricity safety management scheme that has been accepted or provisionally accepted under Division 2 or 3 of Part 10; or
(b)if a revised electricity safety management scheme has been accepted or provisionally accepted under Division 2 or 3 of Part 10, that revised electricity safety management scheme—
but does not include an electricity safety management scheme that has lapsed under Division 3 of Part 10;
accepted ESMS operator means—
(a)a major electricity company whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or
(b)a voluntary ESMS operator;
major electricity company means—
(a)a regulated distribution company; or
(b)a regulated transmission company—
but does not include a regulated distribution company or a regulated transmission company, or a class of regulated distribution company or regulated transmission company, declared under section 3A not to be a major electricity company;
non-licensed distribution company means a person who—
(a)engages in the distribution or supply of electricity; and
(b)is exempted under an Order under section 17 of the Electricity Industry Act 2000 from the requirement to obtain a licence under that Act in respect of that activity;
non-licensed transmission company means a person who—
(a)engages in the transmission of electricity; and
(b)is exempted under an Order under section 17 of the Electricity Industry Act 2000 from the requirement to obtain a licence under that Act in respect of that activity;
regulated distribution company means—
(a)a distribution company; or
(b)a non-licensed distribution company;
regulated transmission company means—
(a)a transmission company; or
(b)a non-licensed transmission company;
transmission company has the same meaning as in the Electricity Industry Act 2000;
voluntary ESMS operator means a person whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 3 of Part 10;".
(2)In section 3 of the Principal Act, for the definition of network operator substitute—
"network operator means—
(a)a major electricity company; or
(b)a person who owns or operates an upstream network (other than a major electricity company) or railway;".
(3)In section 3 of the Principal Act, the definitions of accepted electricity safety management scheme, accepted electricity safety manager and relevant function are repealed.
5New section 3A inserted
After section 3 of the Principal Act insert—
"3A Declaration of certain distribution companies or transmission companies not to be major electricity companies
The Governor in Council, by Order published in the Government Gazette, may declare—
(a)a regulated distribution company or a class of regulated distribution company; or
(b)a regulated transmission company or a class of regulated transmission company—
not to be a major electricity company for the purposes of this Act or any part of this Act.".
6General duties of network operator
In section 75 of the Principal Act—
(a)after "network operator" insert "(other than a major electricity company)"; and
(b)in paragraph (a), for "operated and maintained" substitute "operated, maintained and decommissioned".
7Part 10 substituted
For Part 10 of the Principal Act substitute—
"Part 10—Electricity Safety Management
Division 1—General duty of major electricity companies
98General duty of major electricity companies
A major electricity company must design, construct, operate, maintain and decommission its supply network to minimise as far as practicable—
(a)the hazards and risks to the safety of any person arising from the supply network; and
(b)the hazards and risks of damage to the property of any person arising from the supply network.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
Division 2—Mandatory electricity safety management schemes (major electricity companies)
99Electricity safety management scheme
(1)A major electricity company must submit an electricity safety management scheme to Energy Safe Victoria for each of its supply networks in accordance with this section.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)An electricity safety management scheme for a supply network must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed by the major electricity company—
(i)to comply with the major electricity company's duties under Division 1; and
(ii)in relation to any other matters relating to the safe design, construction, operation, maintenance and decommissioning of the supply network that are prescribed.
(3)The electricity safety management scheme for a supply network which is in operation immediately before the commencement of this section must be submitted within 12 months after that commencement.
(4)The electricity safety management scheme for any other supply network must be submitted to Energy Safe Victoria before the major electricity company commences to commission, or operate, that supply network.
(5)An electricity safety management scheme may apply to more than one supply network.
(6)An electricity safety management scheme that is submitted under this section must be accompanied by the prescribed fee.
100Validation of electricity safety management scheme for a supply network
(1)If an electricity safety management scheme has been submitted for a supply network, Energy Safe Victoria may require the major electricity company to obtain an independent validation of that electricity safety management scheme or any part of that electricity safety management scheme.
(2)Energy Safe Victoria may require the validation to assess the design, construction, operation, maintenance and decommissioning of the supply network or any part of the supply network or all or any of those matters to determine if the supply network or part of the supply network will be fit for the purpose.
(3)The major electricity company must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a matter has the necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter.
(4)If Energy Safe Victoria requires a major electricity company to provide an independent validation of an electricity safety management scheme or part of an electricity safety management scheme, the costs of that validation must be borne by the major electricity company.
(5)Energy Safe Victoria is not required to proceed with the consideration of an electricity safety management scheme until the independent validation is provided.
101Additional information
(1)Energy Safe Victoria may require a major electricity company to provide any additional information that Energy Safe Victoria thinks fit in relation to an electricity safety management scheme submitted by the major electricity company under this Division.
(2)Energy Safe Victoria is not required to proceed with the consideration of an electricity safety management scheme until the additional information is provided.
102Acceptance of electricity safety management scheme
(1)Energy Safe Victoria must consider an electricity safety management scheme submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the electricity safety management scheme permit.
(2)Energy Safe Victoria must accept an electricity safety management scheme submitted under this Division if it is satisfied that the electricity safety management scheme is appropriate for the supply network to which it applies and complies with this Act and the regulations relating to electricity safety management schemes.
(3)Energy Safe Victoria must notify the major electricity company in writing of its decision to accept an electricity safety management scheme.
103Provisional acceptance of electricity safety management scheme
(1)Energy Safe Victoria may provisionally accept an electricity safety management scheme if it is satisfied that it will provide for the safe operation of the supply network.
(2)Energy Safe Victoria must notify the major electricity company in writing of its decision to provisionally accept an electricity safety management scheme.
(3)The notice of acceptance must state—
(a)the period that the provisional acceptance will be in force; and
(b)the extent to which the electricity safety management scheme has been accepted; and
(c)any limitations or conditions which will apply in respect of the design, construction, operation, maintenance or decommissioning of the supply network while the provisional acceptance is in force.
104Non-acceptance of electricity safety management scheme
(1)If Energy Safe Victoria does not accept or provisionally accept an electricity safety management scheme it must—
(a)notify the major electricity company in writing of the non-acceptance; and
(b)give the major electricity company an opportunity to modify and re-submit the electricity safety management scheme.
(2)A modified electricity safety management scheme must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).
(3)If, after considering any modified electricity safety management scheme submitted under this section, Energy Safe Victoria decides not to accept an electricity safety management scheme, Energy Safe Victoria must give notice in writing of that decision to the major electricity company.
(4)A notice under this section must be accompanied by a statement of the reasons for the decision.
105Energy Safe Victoria may determine electricity safety management scheme
(1)Energy Safe Victoria may determine the electricity safety management scheme which is to apply in respect of a supply network which is in operation at the time of the determination if—
(a)the major electricity company fails to submit an electricity safety management scheme for the supply network in accordance with this Division; or
(b)Energy Safe Victoria has decided not to accept an electricity safety management scheme for the supply network.
(2)If Energy Safe Victoria determines the electricity safety management scheme to apply to a supply network under this section, Energy Safe Victoria must give notice in writing to the major electricity company of that determination.
(3)On notice being given to the major electricity company under subsection (2), the electricity safety management scheme determined by Energy Safe Victoria is deemed for the purposes of this Act to be the accepted ESMS for the supply network to which it applies.
(4)Nothing in subsection (3) prevents a major electricity company from submitting an electricity safety management scheme or a revised electricity safety management scheme for a supply network to Energy Safe Victoria for acceptance under this Division.
106Compliance with electricity safety management scheme
(1)A major electricity company must not commence to commission, or operate, a supply network unless an electricity safety management scheme for that supply network has been accepted or provisionally accepted under this Division.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)A major electricity company must comply with the accepted ESMS for a supply network.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(3)A major electricity company must comply with the accepted ESMS for a supply network in relation to the removal, dismantling or decommissioning of the supply network.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(4)A major electricity company must not—
(a)undertake or permit a modification of a supply network that has the potential to significantly increase the overall levels of risk to the safety of any person or property arising from the supply network; or
(b)undertake or permit a modification of a supply network that has the potential to significantly influence the level of specific risk to the safety of any person or property arising from the supply network or the ranking of risk contributing factors; or
(c)make or permit a significant change to the safety management system in relation to the supply network—
unless Energy Safe Victoria has accepted a revision of the accepted ESMS in relation to that matter for that supply network.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
107Revision of electricity safety management scheme—change
A major electricity company must submit a revised electricity safety management scheme to Energy Safe Victoria if—
(a)developments in technical knowledge or the assessment of hazards relevant to the supply network make it appropriate to revise the accepted ESMS; or
(b)a proposed modification to the supply network will result in a significant increase in the overall level of risk to the safety of any person or property arising from the supply network; or
(c)a proposed modification to the work practices covered by the accepted ESMS will result in a significant increase in the overall levels of risk to the safety of any person or property arising from the supply network; or
(d)the major electricity company proposes to make a significant change to the accepted ESMS.
108Revision of electricity safety management scheme—each 5 years
A major electricity company must submit a revised electricity safety management scheme to Energy Safe Victoria at the end of each period of 5 years commencing on the later of—
(a)the date when the accepted ESMS is first accepted; or
(b)the date of the most recent acceptance of a revision of the accepted ESMS submitted under this Division.
Penalty:In the case of a natural person, 80 penalty units;
In the case of a body corporate, 400 penalty units.
109Energy Safe Victoria may request submission of a revised electricity safety management scheme
(1)Energy Safe Victoria may at any time request a major electricity company to submit a revised electricity safety management scheme for a supply network of the major electricity company.
(2)The request must—
(a)be in writing; and
(b)set out—
(i)the matters to be addressed by the required revision; and
(ii)the proposed date of effect of the revision; and
(iii)the grounds for the request.
(3)The major electricity company to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—
(a)that the revision should not occur;
(b)that the revision should be in different terms from the proposed terms;
(c)that the revision should take effect on a later date than the proposed date of effect.
(4)The submission must—
(a)be in writing; and
(b)state the major electricity company's reasons for the submission; and
(c)be made within 21 days, or such later period as Energy Safe Victoria allows, after the request is received.
(5)If a major electricity company makes a submission under this section, Energy Safe Victoria must decide—
(a)to accept the submission or part of the submission and vary or withdraw the request accordingly; or
(b)to reject the submission.
(6)Energy Safe Victoria must give the major electricity company notice in writing of its decision on the submission and the reasons for that decision.
110Offence to fail to submit revised electricity safety management scheme on request
If Energy Safe Victoria requests the revision of an electricity safety management scheme in accordance with section 109, the major electricity company must submit a revised electricity safety management scheme for a supply network to Energy Safe Victoria—
(a)if the major electricity company does not make a submission under that section, within the time (being not less than 60 days) specified by Energy Safe Victoria in the request; or
(b)if the major electricity company has made a submission under that section and Energy Safe Victoria has not withdrawn the request, within the time (being not less than 60 days) specified by Energy Safe Victoria in the decision on the submission.
Penalty:In the case of a natural person, 80 penalty units;
In the case of a body corporate, 400 penalty units.
111Application of provisions to revised electricity safety management scheme
Sections 100 to 105 apply to the revision of an electricity safety management scheme in the same manner as they apply to an electricity safety management scheme.
112Exemption from regulations
If Energy Safe Victoria accepts an electricity safety management scheme submitted under this Division, the relevant accepted ESMS operator is exempt from compliance with the provisions of the Electricity Safety (Network Assets) Regulations 1999 (S.R. No. 141/1999) relating to the design, construction, operation or maintenance of a supply network.
113Compliance with electricity safety management scheme is a defence
It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted ESMS in relation to that duty or obligation.
Division 3—Voluntary electricity safety management schemes
114Electricity safety management scheme for employers of electrical workers
(1)Energy Safe Victoria may permit a person who is an employer of electrical workers to submit an electricity safety management scheme in respect of electrical work carried out by those workers for that person.
(2)An electricity safety management scheme submitted under this section must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safety of electrical work to which the electricity safety management scheme applies; and
(c)be accompanied by the relevant prescribed application fee.
(3)Sections 100 to 104 apply to an electricity safety management scheme under this section—
(a)as if—
(i)a reference to a supply network were a reference to electrical work carried out by electrical workers; and
(ii)a reference to a major electricity company were a reference to the employer of the electrical workers carrying out electrical work; and
(iii)a reference to the design, construction, operation, maintenance and decommissioning of the supply network were a reference to the carrying out of electrical work by electrical workers; and
(iv)a reference to the safe operation of the supply network were a reference to the safe carrying out of electrical work by electrical workers; and
(b)with any other alterations or modifications that are necessary.
115Electricity safety management scheme for specified premises
(1)Energy Safe Victoria may permit a person who is the occupier of specified premises to submit an electricity safety management scheme in respect of electrical work carried out at those premises by electrical workers employed or engaged by that person.
(2)An electricity safety management scheme submitted under this section must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the electrical work to which the electricity safety management scheme applies; and
(c)be accompanied by the relevant prescribed application fee.
(3)Sections 100 to 104 apply to an electricity safety management scheme under this section—
(a)as if—
(i)a reference to a supply network were a reference to electrical work carried out at specified premises; and
(ii)a reference to a major electricity company were a reference to the occupier of the specified premises at which electrical work is carried out; and
(iii)a reference to the design, construction, operation, maintenance and decommissioning of the supply network were a reference to the carrying out of electrical work at the specified premises; and
(iv)a reference to the safe operation of the supply network were a reference to the safe carrying out of electrical work at the specified premises; and
(b)with any other alterations or modifications that are necessary.
116Electricity safety management scheme for network operator
(1)Energy Safe Victoria may permit a network operator (other than a major electricity company) to submit an electricity safety management scheme in respect of the design, construction, operation, maintenance and decommissioning of the network operator's supply network.
(2)An electricity safety management scheme submitted under this section must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the supply network to which the electricity safety management scheme applies; and
(c)be accompanied by the relevant prescribed application fee.
(3)Sections 100 to 104 apply to an electricity safety management scheme under this section as if any reference to a major electricity company were a reference to the network operator.
117Exemption from certain provisions of Act or regulations
(1)If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 114, Energy Safe Victoria may exempt any person authorised under the accepted ESMS to carry out a class or type of electrical work from compliance with any of the regulations relating to the carrying out of that class or type of electrical work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.
(2)If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 115, Energy Safe Victoria may exempt a person carrying out a specified class or type of electrical work on the specified premises to which the accepted ESMS applies from compliance with any of the regulations relating to the carrying out of that class or type of work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.
(3)If Energy Safe Victoria accepts an electricity safety management scheme submitted under this Division, Energy Safe Victoria may exempt the network operator referred to in section 116 from compliance with any of the regulations relating to the installation and operation of electrical installations or supply networks.
118Compliance with electricity safety management scheme
(1)An employer of electrical workers must comply with an accepted ESMS that applies in respect of electrical work carried out by those workers for that person.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(2)A person who is an occupier of specified premises must comply with an accepted ESMS that applies in respect of electrical work carried out at the specified premises occupied by that person by electrical workers employed or engaged by that person.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(3)A network operator must comply with an accepted ESMS that applies in respect of that operator's supply network.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
119Revision of voluntary electricity safety management scheme—each 5 years
A voluntary ESMS operator must submit a revised electricity safety management scheme to Energy Safe Victoria at the end of each period of 5 years commencing on the later of—
(a)the date when the relevant electricity safety management scheme is first accepted; or
(b)the date of the most recent acceptance of a revision of the electricity safety management scheme submitted under this section.
Penalty:In the case of a natural person, 50 penalty units;
In the case of a body corporate, 250 penalty units.
120Revision of voluntary electricity safety management scheme—change
A voluntary ESMS operator must submit a revised electricity safety management scheme to Energy Safe Victoria if—
(a)developments in technical knowledge or the assessment of hazards make it appropriate to revise the electricity safety management scheme; or
(b)a proposed modification to, as the case requires, the supply network or electrical installation will result in a significant increase in the overall levels of risk to the safety of any person or property arising from the supply network or electrical installation; or
(c)a proposed change to the electrical work to which the electricity safety management scheme applies will result in a significant increase in the overall levels of risk to the safety of any person or property arising from electricity; or
(d)the voluntary ESMS operator proposes to make a significant change to the accepted ESMS.
120AEnergy Safe Victoria may request submission of revised electricity safety management scheme
(1)Energy Safe Victoria may at any time request a voluntary ESMS operator to submit a revised electricity safety management scheme for—
(a)in the case of an employer of electrical workers—electrical work carried out by those workers for that person; or
(b)in the case of an occupier of specified premises— electrical work carried out at the specified premises occupied by that person by electrical workers employed or engaged by that person; or
(c)in the case of a network operator—a supply network.
(2)The request must—
(a)be in writing; and
(b)set out—
(i)the matters to be addressed by the required revision; and
(ii)the proposed date of effect of the revision; and
(iii)the grounds for the request.
120BCompliance with request
A voluntary ESMS operator must comply with a request under section 120A within the time (being not less than 60 days) specified by Energy Safe Victoria in the request.
Penalty:In the case of a natural person, 80 penalty units;
In the case of a body corporate, 400 penalty units.
120CLapsing of electricity safety management scheme
(1)If a voluntary ESMS operator fails to comply with section 119, 120, 120A or 120H, Energy Safe Victoria, by notice in writing to the operator, may determine that the relevant accepted ESMS applying to, as the case requires—
(a)electrical work carried out by electrical workers employed or engaged by that operator; or
(b)a supply network—
has lapsed.
(2)A voluntary ESMS operator may, by notice in writing to Energy Safe Victoria, withdraw an accepted ESMS applying to, as the case requires—
(a)the electrical work carried out by electrical workers employed or engaged by that operator; or
(b)the operator's supply network.
(3)If an accepted ESMS has lapsed or been withdrawn, any exemption granted under section 117 in respect of that electricity safety management scheme lapses.
120DDuty of employer of electrical workers
An employer of electrical workers who carry out electrical work to which an accepted ESMS applies must manage the carrying out of that electrical work to minimise as far as practicable—
(a)the hazards and risks to safety of any person arising from electricity; and
(b)the hazards and risks to property arising from electricity.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
120EDuty of occupier of specified premises
The occupier of specified premises at which electrical work is carried out, and to which an accepted ESMS applies, must manage the carrying out of that electrical work at the specified premises to minimise as far as practicable—
(a)the hazards and risks to safety of any person arising from electricity; and
(b)the hazards and risks to property arising from electricity.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
120FDuty of network operator
A network operator (other than a major electricity company) must, in respect of a supply network to which an accepted ESMS applies, manage that supply network to minimise as far as practicable—
(a)hazards and risks to the safety of any person arising from the supply network; and
(b)the hazards and risks of damage to property of any person arising from the supply network.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
120GCompliance with electricity safety management scheme is a defence
It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in section 75 or this Division if the person has complied with the accepted ESMS in relation to that duty or obligation.
Division 4—Other matters
120HCompliance audits—independent audits
(1)Energy Safe Victoria may require an accepted ESMS operator—
(a)to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the operator's compliance with the accepted ESMS that applies to, as the case requires—
(i)the electrical work carried out by electrical workers employed or engaged by that operator; or
(ii)the operator's supply network; and
(b)to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria.
(2)The accepted ESMS operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the accepted ESMS operator and the accepted ESMS to enable an independent audit to be carried out.
(3)If Energy Safe Victoria requires an accepted ESMS operator to obtain an independent audit under this section, the costs of that audit must be borne by the accepted ESMS operator.
(4)An accepted ESMS operator must comply with a requirement of Energy Safe Victoria under this section.
Penalty:50 penalty units.
120ICompliance audits—Energy Safe Victoria
Energy Safe Victoria may conduct, or cause to be conducted, an audit, to determine whether or not an accepted ESMS operator is satisfactorily complying with the accepted ESMS that applies to, as the case requires—
(a)the electrical work carried out by electrical workers employed or engaged by that operator; or
(b)the operator's supply network.
120JAnnual fees
An accepted ESMS operator must pay the relevant prescribed annual administration fee in accordance with the regulations.".
8Enforcement officer may issue improvement notice
In sections 143(1)(a) and 143(3)(a)(i) of the Principal Act, for "Division 2 of Part 10" substitute "Division 2 or 3 of Part 10".
9Electricity safety managers
Section 149A of the Principal Act is repealed.
10Safety management schemes
For section 150(b) of the Principal Act substitute—
"(b)specifying the procedures for the acceptance and revision of an electricity safety management scheme;".
11New section 164 inserted
After section 163 of the Principal Act insert—
"164 Transitional provisions—Electricity Safety Amendment Act 2007
(1)In this section—
accepted electricity safety management scheme has the same meaning as it had in section 3 immediately before the commencement of section 4(3) of the Electricity Safety Amendment Act 2007.
(2)An accepted electricity safety management scheme that is in force immediately before the commencement of section 7 of the Electricity Safety Amendment Act 2007 is deemed on that commencement to be—
(a)if the accepted electricity safety management scheme is in respect of the design, construction, operation, maintenance or decommissioning of a supply network owned or operated by a major electricity company—an electricity safety management scheme accepted by Energy Safe Victoria under Division 2 of Part 10;
(b)if the accepted safety management scheme is in respect of electrical work carried out by electrical workers employed by a scheme operator (as defined by section 107(1)(a) immediately before that section's repeal by section 7 of the Electricity Safety Amendment Act 2007)—an electricity safety management scheme accepted by Energy Safe Victoria under section 114;
(c)if the accepted safety management scheme is in respect of electrical work carried out at specified premises occupied by a scheme operator (as defined by section 107(1)(c) immediately before that section's repeal by section 7 of the Electricity Safety Amendment Act 2007)—an electricity safety management scheme accepted by Energy Safe Victoria under section 115;
(d)if the accepted safety management scheme is in respect of the design, construction, operation and maintenance of an upstream network of a network operator that is not a major electricity company—an electricity safety management scheme accepted by Energy Safe Victoria under section 116.".
__________________
Part 3—Other Amendments
12Railway or tramway system
(1)In section 3 of the Principal Act, in paragraph (b) of the definition of network operator omit "or tramway system".
(2)In section 3 of the Principal Act, for the definition of railway or tramway system substitute—
"railway has the same meaning as in section 3(1) of the Rail Safety Act 2006;".
(3)In sections 75, 76(1), 76(2), 76(3) and 86(10A) of the Principal Act omit "or tramway system".
(4)In section 94 of the Principal Act—
(a)insert the following heading—
"Railway operator—duty in relation to stray electrical current leakage"; and
(b)omit "or tramway system"; and
(c)for "that system" (where twice occurring) substitute "that railway".
(5)In section 155(1)(g) of the Principal Act, for "railway and tramway systems" (where twice occurring) substitute "railways".
(6)In section 155(1)(g)(iii) of the Principal Act omit "or tramway system".
13Certificates of electrical safety
(1)In section 3 of the Principal Act, insert the following definitions—
"certificate of compliance means a certificate of compliance completed under section 44 for electrical installation work carried out by a licensed electrical installation worker;
certificate of inspection means a certificate of inspection of electrical installation work carried out by a licensed electrical inspector under section 45;
rectification notice means a notice given under section 45AB;".
(2)In sections 44(2)(a), 44(2)(b) and 44(3) of the Principal Act, for "compliance certificate" substitute "certificate of compliance".
(3)Sections 44(4) and 45(5) of the Principal Act are repealed.
14New section 45AB inserted
After section 45A of the Principal Act insert—
"45AB Enforcement officer may require rectification of non‑compliant electrical installation work
(1)This section applies if an enforcement officer is of the opinion that particular electrical installation work is in breach of any provision of this Act or the regulations applying to that work.
(2)The enforcement officer may give the person who is responsible for the carrying out of electrical installation work a written rectification notice requiring the person to rectify the work to make it comply with the provision of this Act or the regulations that the work does not comply with within the reasonable time specified by the enforcement officer.
(3)If a certificate of electrical safety was given in respect of electrical installation work, the person who was responsible for the carrying out of the electrical installation work, and who ensured that the certificate was completed and given under section 45A, must—
(a)ensure that a new certificate of electrical safety is completed and given under that section in respect of the rectified work; and
(b)give the enforcement officer a copy of that new certificate within a reasonable time specified by the enforcement officer.
(4)A person—
(a)must comply with any requirement made by an enforcement officer in a rectification notice; and
(b)must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice.
Penalty:In the case of a natural person, 50 penalty units;
In the case of a body corporate, 250 penalty units.
(5)The enforcement officer must make it clear in a rectification notice in what way the work that needs rectification is non-compliant.
(6)If a person applies to the Tribunal under section 69 to have the decision to give a rectification notice reviewed, he or she need not comply with the notice until he or she abandons the application or receives written notice that the Tribunal has affirmed the rectification notice or dismissed the application.
(7)For the purposes of subsection (6) , if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person.
(8)If an enforcement officer gives a rectification notice to a person before the person ensures the completion of, and gives, a certificate of electrical safety in accordance with
section 45A in respect of electrical installation work, the person must still ensure that a certificate of electrical safety is completed and given in accordance with that section once the rectification work has been completed.
(9)A certificate of electrical safety completed and given as required by subsection (8) must be completed in respect of both the original electrical installation work and the rectified electrical installation work.
(10)The enforcement officer must give a copy of the rectification notice to the person on whose behalf the electrical installation work was carried out.".
15Applications to review
(1)After section 69(2) of the Principal Act insert—
"(2A)A person to whom a rectification notice is given may apply to the Tribunal for review of either or both of the following—
(a)the decision to give the notice;
(b)any requirement contained in the notice.".
(2)In section 69(5) of the Principal Act—
(a)for "subsection (3) or (4)" substitute "subsection (2A), (3) or (4)"; and
(b)in paragraph (a), for "or the direction" substitute ", direction or rectification notice".
(3)Section 69(7) of the Principal Act is repealed.
16Victorian Electrolysis Committee
(1)In section 91(2) of the Principal Act, for "7 members" substitute "8 members".
(2)For section 91(5)(b) of the Principal Act substitute—
"(b)a person representing the interests of train operators nominated by the Minister administering the Transport Act 1983;
(ba)a person representing the interests of tram operators nominated by the Minister administering the Transport Act 1983;".
__________________
Part 4—Repeal of Act
17Repeal of Act
This Act is repealed on 1 January 2011.
═══════════════
EndnoteS
Minister's second reading speech—
Legislative Assembly: 11 October 2007
Legislative Council: 1 November 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Safety Act 1998 and for other purposes."
0
0
0