Queensland: Electrical Safety Act 2002 (Qld)

Electrical Safety Act 2002 An Act about electrical safety, and for other purposes Part 1 Preliminary Division 1 Introduction 1 Short title This Act may be cited as the Electrical Safety Act 2002. 2 Commencement This Act commences on a day to be fixed by proclamation. 3 Act binds all persons (1) This Act binds all persons, including the State, and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. (2) The State, Commonwealth and other States are liable for an offence against this Act. Division 2 Purpose of Act 4 Purpose (1) This Act is directed at eliminating the human cost to individuals, families and the community of death, injury and destruction that can be caused by electricity. (2) Accordingly, the purpose of this Act is to establish a legislative framework for— (a) preventing persons from being killed or injured by electricity; and (b) preventing property from being destroyed or damaged by electricity. 5 How purpose of Act is to be achieved The purpose of this Act is to be achieved in the following ways— (a) imposing duties on persons who may affect the electrical safety of others by their acts or omissions; (b) establishing benchmarks for industry and the community generally through— (i) making regulations, ministerial notices and codes of practice about achieving electrical safety; and (ii) introducing safety management systems for particular electricity entities; (c) providing for the safety of all persons through licensing and discipline of persons who perform electrical work; (d) providing for protection for consumers against failures of persons who perform electrical work to properly perform and complete the work; (e) providing for the appointment of a commissioner for electrical safety to advise the Minister on electrical safety matters and to manage the activities of the Electrical Safety Board and its committees; (f) establishing the Electrical Safety Board and its committees to— (i) allow industry and the community to participate in developing strategies for improving electrical safety; and (ii) participate in developing requirements for the licensing and discipline of persons who perform electrical work; and (iii) promote community awareness about electrical safety; and (iv) participate in developing requirements for the electrical safety of electrical equipment. Division 3 Application of Act 6 Application of Act to mines, petroleum plant and GHG storage plant (1) An excluded provision does not have application at a mine, petroleum plant or GHG storage plant. (2) Also, a regulation under this Act has application at a mine, petroleum plant or GHG storage plant— (a) only to the extent it is made other than for the purposes of an excluded provision; and (b) only to the extent the regulation provides. (3) In this section— excluded provision means— (a) part 2; or (b) part 3; or (c) part 4, to the extent it relates to electrical contractor licences. GHG storage plant means private plant or an electrical installation that is operated under the Greenhouse Gas Storage Act 2009 and subject to inspection under the Petroleum and Gas (Production and Safety) Act 2004. mine means— (a) a coal mine under the Coal Mining Safety and Health Act 1999; or (b) a mine under the Mining and Quarrying Safety and Health Act 1999. petroleum plant means private plant or an electrical installation that is operated under the Petroleum and Gas (Production and Safety) Act 2004 and subject to inspection under that Act. private plant means equipment used for generating electricity, other than equipment used by an electricity entity under an authority or special approval under the Electricity Act. 7 Application of Act to railways and light rail Provisions of this Act, other than part 2, relating to the design of electrical equipment do not apply in relation to electrical equipment forming part of an electrical installation or electricity entity works— (a) providing, or intended to provide, electrical traction on a railway or light rail; or (b) used for signalling purposes on a railway or light rail. Division 4 Interpretation 8 Definitions The dictionary in schedule 2 defines particular words used in this Act. 9 [Repealed] 10 Meanings of electrical risk , electrically safe and electrical safety (1) Electrical risk means— (a) in relation to a person, the risk to the person of death, shock or injury caused directly by electricity or originating from electricity; or (b) in relation to property, the risk to the property of— (i) damage caused by a cathodic protection system; or (ii) loss or damage caused directly by electricity or originating from electricity. (2) Electrically safe means— (a) for a person or property, that the person or property is free from electrical risk; and (b) for electrical equipment or an electrical installation, that all persons and property are free from electrical risk from the equipment or installation; and (c) for the way electrical equipment, an electrical installation or the works of an electricity entity are operated or used, that all persons and property are free from electrical risk from the operation or use of the equipment, installation or works; and (d) for the way electrical work is performed, that all persons are free from electrical risk from the performance of the work; and (e) for the way a business or undertaking is conducted, that all persons are free from electrical risk from the conduct of the business or undertaking; and (f) for the way electrical equipment or an electrical installation is installed or repaired, that all persons are free from electrical risk from the installing or repairing of the equipment or installation. (3) Electrical safety, for a person or property, means the person or property is electrically safe. (4) In this section— free from electrical risk, for a person or property, means that— (a) electrical risk to the person or property has been eliminated, so far as is reasonably practicable; or (b) if it is not reasonably practicable to eliminate electrical risk to the person or property, the risk has been minimised so far as is reasonably practicable. 11 Meaning of serious electrical incident A serious electrical incident is an incident involving electrical equipment if, in the incident— (a) a person is killed by electricity; or (b) a person receives a shock or injury from electricity, and is treated for the shock or injury by or under the supervision of a doctor; or (c) a person receives a shock or injury from electricity at high voltage, whether or not the person is treated for the shock or injury by or under the supervision of a doctor. 12 Meaning of dangerous electrical event A dangerous electrical event is any of the following— (a) the coming into existence of circumstances in which a person is not electrically safe, if— (i) the circumstances involve high voltage electrical equipment; and (ii) despite the coming into existence of the circumstances, the person does not receive a shock or injury; (b) the coming into existence of both of the following circumstances— (i) if a person had been at a particular place at a particular time, the person would not have been electrically safe; (ii) the person would not have been electrically safe because of circumstances involving high voltage electrical equipment; (c) an event that involves electrical equipment and in which significant property damage is caused directly by electricity or originates from electricity; (d) the performance of electrical work by a person not authorised under an electrical work licence to perform the work; (e) the performance of electrical work by a person if, as a result of the performance of the work, a person or property is not electrically safe; Examples for paragraph (e)— • the connection of electrical equipment to a source of supply involving incorrect polarity or other incorrect connection • the performance of electrical work as a result of which an exposed wire is left in circumstances in which it can be energised by the operation of a switch or circuit breaker or the insertion of a fuse (f) the discovery by a licensed electrical worker of electrical equipment that has not been marked as required under this Act. 13 Meaning of appliance (1) An appliance is a device that consumes electricity and in which the electricity is converted into heat, motion or another form of energy or is substantially changed in its electrical character. (2) Although a light fitting, including its bulb or tube, is an appliance, the bulb or tube, taken alone, is not an appliance. 14 Meaning of electrical equipment (1) Electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that— (a) is used for controlling, generating, supplying, transforming or transmitting electricity at a voltage greater than extra low voltage; or (b) is operated by electricity at a voltage greater than extra-low voltage; or (c) is part of an electrical installation located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; or (d) is, or is part of, a cathodic protection system; or (e) is prescribed electrical equipment. (2) Electrical equipment does not include any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that is part of a vehicle if— (a) the equipment is part of a unit of the vehicle that provides propulsion for the vehicle; or (b) the electricity source for the equipment is a unit of the vehicle that provides propulsion to the vehicle. Examples of things that, under subsection (2), are not electrical equipment— • the headlights of a vehicle • ignition spark plugs of a motor vehicle • the interior lighting system of a vehicle, if powered from a battery charged by the engine that drives the vehicle or by the vehicle's movement Examples of things that are not prevented by subsection (2) from being electrical equipment— • interior lighting or a socket outlet in a caravan, if the lighting or outlet is operated by a low voltage generating set or connected to low voltage supply • a refrigeration unit in a food delivery vehicle operating at low voltage from a source separate from the propulsion unit for the vehicle (3) However, prescribed electrical equipment is electrical equipment even if it forms part of a vehicle. 14A Meaning of prescribed electrical equipment Prescribed electrical equipment is any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that— (a) is— (i) used for controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or (ii) operated by electricity at extra low voltage; and (b) is placing, or may place, persons or property at electrical risk; and (c) is prescribed by regulation for this paragraph. 15 Meaning of electrical installation (1) An electrical installation is a group of items of electrical equipment that— (a) are permanently electrically connected together; and (b) can be supplied with electricity from— (i) the works of an electricity entity; or (ii) a generating source; or (iii) a battery or other storage technology; and (c) do not include items that are works of an electricity entity. (2) Also, an electrical installation is a group of items of electrical equipment that— (a) are permanently electrically connected together; and (b) are used to generate electricity at a voltage greater than extra low voltage; and (c) do not include items that are works of an electricity entity. (3) An item of electrical equipment may be part of more than 1 electrical installation. (4) In subsection (1)(a)— (a) an item of electrical equipment connected to electricity by a plug and socket outlet is not permanently electrically connected; and (b) connection achieved through using works of an electricity entity is not a consideration in determining whether or not electrical equipment is electrically connected. Examples of an electrical installation— • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shop in a shopping centre • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a house or residential unit • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a shopping centre. The electrical installation for the shopping centre generally includes the electrical installations for the individual shops • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected for a residential unit complex. The electrical installation for the residential unit complex generally includes the electrical installations for the individual residential units • the switchboard, wiring, lighting, socket outlets and other electrical equipment permanently connected within a caravan 16 Meaning of electric line (1) An electric line is a wire or conductor or associated equipment used for transmitting, transforming, or supplying electricity at a voltage greater than extra low voltage. (2) However, an electric line does not include— (a) a wire or conductor directly used in converting electricity into another form of energy; or (b) a wire or conductor within the internal structure of a building. Examples of things that are not electric lines— • a cord for connecting an air conditioning unit, computer, lamp, television or toaster to a supply of electricity • a power or lighting circuit within a building 17 Meaning of associated equipment for electric line Associated equipment, for an electric line, means something ordinarily found in association with the electric line, especially for the purpose of protecting, insulating or supporting, or supporting the operation of, the electric line. Examples of associated equipment— • a bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole, tower or tube enclosing, surrounding or supporting a wire or conductor • an air break, circuit breaker, switch, transformer or other apparatus connected to a wire or conductor 18 Meaning of electrical work (1) Electrical work means— (a) connecting electricity supply wiring to electrical equipment or disconnecting electricity supply wiring from electrical equipment; or (b) manufacturing, constructing, installing, removing, adding, testing, replacing, repairing, altering or maintaining electrical equipment or an electrical installation. Examples of electrical work— • installing low voltage electrical wiring in a building • installing electrical equipment into an installation coupler or interconnecter • replacing a low voltage electrical component of a washing machine • maintaining an electricity entity's overhead distribution system (2) Electrical work does not include the following— (a) work that involves connecting electrical equipment to an electricity supply by means of a flexible cord plug and socket outlet; (b) work on a non-electrical component of electrical equipment, if the person carrying out the work is not exposed to an electrical hazard; Examples for paragraph (b)— • painting electrical equipment covers • repairing hydraulic components of an electrical motor • replacing a drive belt on a washing machine (c) replacing electrical equipment or a component of electrical equipment if that task can be safely performed by a person who does not have expertise in carrying out electrical work; Examples for paragraph (c)— • replacing a fuse • replacing a light bulb in a light fitting (d) assembling, making, modifying or repairing electrical equipment in a workplace under the Work Health and Safety Act 2011 that is prescribed under a regulation for this paragraph, if that is the principal manufacturing process at the workplace, and arrangements are in place, and are detailed in written form, for ensuring that— (i) the work is done safely and competently; and (ii) the equipment is tested to ensure compliance with relevant standards; (e) building or repairing ducts, conduits or troughs (channels) where electrical wiring will be or is installed, if— (i) the channels are not intended to be earthed; and (ii) wiring installed in the channels is not energised; and (iii) the work is done under the supervision of a person licensed to perform electrical installation work; (f) locating or mounting electrical equipment, or fixing electrical equipment in place, if this task is not performed in relation to the connection of electrical equipment to an electricity supply; (g) assisting a licensed electrical worker to carry out electrical work, on electrical equipment under the direct supervision of the electrical worker, if the assistance does not involve physical contact with any energised electrical equipment; (h) carrying out electrical work, other than work on energised electrical equipment, in order to meet eligibility requirements in relation to becoming a licensed electrical worker and only if the work is prescribed under a regulation for this paragraph; (i) building, under the supervision of an electricity entity, an overhead electric line on structures that do not already carry an energised overhead electric line; (j) laying, cutting or sealing underground cables that are part of the works of an electricity entity before the initial connection of the cables to an electricity source; (k) recovering underground cables that are part of the works of an electricity entity after disconnection from an electricity source; (l) altering, repairing, maintaining or recovering an overhead electric line that is part of the works of an electricity entity, if the work is performed under the entity's supervision and— (i) if the line is not on supports supporting another electric line—the line has been isolated from an electricity source so that the closure of a switch can not energise the section of the line where work is being done; or (ii) if the line is on supports supporting another electric line—both lines have been isolated from an electricity source so that the closure of a switch can not energise the section of the line where the work is being done or an adjacent section of the other line; (m) erecting structures for the support of electrical equipment; Examples of structures— • electric poles and towers (n) locating, mounting or fixing in place electrical equipment, other than— (i) making or terminating electrical connections to the equipment; or (ii) installing supply conductors that will connect the equipment to a supply of electricity; (o) maintaining the structural parts of the electrical traction system on a railway, other than overhead electric lines, that forms part of the works of an electrical entity, if the work is structural work performed under a safe system of work; (p) connecting an item of prescribed electrical equipment to existing equipment if— (i) that task can be safely performed by a person who does not have expertise in carrying out electrical work; and (ii) after they are connected, the item of prescribed electrical equipment and the existing equipment remain— (A) controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or (B) operating by electricity at extra low voltage; and (iii) the prescribed electrical equipment is not located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; and (iv) the prescribed electrical equipment is not, and is not part of, a cathodic protection system; (q) disconnecting an item of prescribed electrical equipment from existing equipment if— (i) that task can be safely performed by a person who does not have expertise in carrying out electrical work; and (ii) before they were disconnected, the item of prescribed electrical equipment and the existing equipment were— (A) controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or (B) operated by electricity at extra low voltage; and (iii) the prescribed electrical equipment is not located in an area in which the atmosphere presents a risk to health and safety from fire or explosion; and (iv) the prescribed electrical equipment is not, and is not part of, a cathodic protection system. (3) In this section— existing equipment means 1 or more items of— (a) prescribed electrical equipment; or (b) extra low voltage equipment. extra low voltage equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire, other than prescribed electrical equipment, that is— (a) used for controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; or (b) operated by electricity at extra low voltage. 19 Types of electrical work for this Act (1) Electrical installation work is electrical work associated with an electrical installation, but does not include the following electrical work— (a) testing, repairing or maintaining electrical equipment included in the electrical installation; (b) replacing an appliance included in the electrical installation with a similar appliance in the circumstances prescribed by regulation for this paragraph; (c) electric line work associated with the electrical installation. Examples of electrical installation work— • installing or altering wiring or fixed appliances in a building • installing or altering a switchboard (2) Electric line work is electrical work associated with an electric line. Examples of electric line work— • erecting an aerial conductor that is part of the works of an electricity entity or of an electrical installation • installing or maintaining street lighting circuits • testing an overhead electrical line to ensure it is correctly connected (3) Electrical equipment work is electrical work other than electrical installation work or electric line work. Examples of electrical equipment work— • repairing substation electrical equipment • repairing an electric range, whether or not it is part of an electrical installation • installing, jointing or terminating covered cables 20 Meanings of electrical work licence and electrical contractor licence (1) An electrical work licence is a licence authorising an individual to perform electrical work. (2) An electrical contractor licence is a licence authorising a person to perform electrical work as part of a business or undertaking. 21 Meaning of person conducting a business or undertaking (1) For this Act, a person conducts a business or undertaking— (a) whether the person conducts the business or undertaking alone or with others; and (b) whether or not the business or undertaking is conducted for profit or gain. (2) A business or undertaking conducted by a person includes a business or undertaking conducted by a partnership or an unincorporated association. (3) If a business or undertaking is conducted by a partnership (other than an incorporated partnership), a reference in this Act to a person conducting the business or undertaking is to be read as a reference to each partner in the partnership. (4) A person does not conduct a business or undertaking to the extent that the person is engaged solely as a worker in, or as an officer of, that business or undertaking. (5) An elected member of a local government does not in that capacity conduct a business or undertaking. (6) A regulation may state the circumstances in which a person may be taken not to be a person who conducts a business or undertaking for the purposes of this Act or any provision of this Act. (7) A volunteer association does not conduct a business or undertaking for the purposes of this Act. (8) In this section, volunteer association means a group of volunteers working together for 1 or more community purposes where none of the volunteers, whether alone or jointly with any other volunteers, employs any person to carry out work for the volunteer association. 22 Meaning of worker (1) A person is a worker if the person carries out work in any capacity for a person conducting a business or undertaking, including work as— (a) an employee; or (b) a contractor or subcontractor; or (c) an employee of a contractor or subcontractor; or (d) an employee of a labour hire company who has been assigned to work in the person's business or undertaking; or (e) an outworker; or (f) an apprentice or trainee; or (g) a student gaining work experience; or (h) a volunteer; or (i) a person of a prescribed class. (2) For this Act, a police officer is— (a) a worker; and (b) at work throughout the time when the officer is on duty or lawfully performing the functions of a police officer, but not otherwise. (3) The person conducting the business or undertaking is also a worker if the person is an individual who carries out work in that business or undertaking. 23 [Repealed] 24 Meaning of person in control of electrical equipment (1) The person in control, of electrical equipment, is the person who controls the electrical equipment. (2) A person who is the occupier of a place where electrical equipment is located would ordinarily be the person in control of the equipment. Examples— • A manufacturer that owns a factory building used for the manufacturer's business would ordinarily be the person in control of all electrical equipment at the building. • The body corporate for a community titles scheme would ordinarily be the person in control of electrical equipment located on common property for the scheme. • A person who occupies a lot in a community titles scheme would ordinarily be the person in control of electrical equipment located within the lot. (3) If there is in place a contract or other arrangement to the effect that a person other than the occupier of a place where electrical equipment is located is to control the electrical equipment, the other person is the person in control of the equipment. Examples— • If a manufacturer occupies a factory building under a lease, and the lease provides that the lessor keeps responsibility for the maintenance and repair of particular electrical equipment at the building, the lessor is the person in control of the particular electrical equipment. • If the body corporate for a community titles scheme enters into a contract under which a licensed electrical contractor assumes responsibility for the repair and maintenance of electrical equipment located on common property for the scheme, the electrical contractor is the person in control of the electrical equipment. • If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease, and the lease provides that the shopping centre management keeps responsibility for particular electrical equipment in the retail premises, the shopping centre management is the person in control of the particular electrical equipment. • If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease, and the lease provides that the lessee may interfere with particular electrical equipment at the retail premises only with the consent of the shopping centre management, both the lessee and the shopping centre management are persons in control of the electrical equipment. (4) Despite subsections (1) to (3), if premises are occupied as a residence other than by the owner of the premises, the owner is the person in control of electrical equipment located at the premises if it— (a) forms part of, or is supplied for use at, the premises; and (b) is owned by the owner of the premises. (5) For subsection (1), a person does not control electrical equipment only because the electrical equipment— (a) is the subject of electrical work performed by the person or directed or supervised by the person; or (b) is used for the carrying out of work— (i) performed by the person as a worker; or (ii) directed or supervised by the person. (6) In this section— control, electrical equipment, includes having responsibility for the maintenance and repair of the electrical equipment. 25 Meaning of works of an electricity entity Works, of an electricity entity, means the electrical equipment, and electric line associated equipment, controlled or operated by the entity to generate, transform, transmit or supply electricity. Example of works of an electricity entity— an overhead distribution system of a distribution entity, including transformers and switches Example of what is not works of an electricity entity— appliances or fixed wiring in an electricity entity's workshop or offices Part 2 Electrical safety duties Division 1 Introductory Subdivision 1 Principles that apply to duties 26 Principles that apply to duties This subdivision sets out the principles that apply to all duties that persons have under this Act. 27 Duties not transferable A duty can not be transferred to another person. 27A Person may have more than 1 duty A person can have more than 1 duty by virtue of being in more than 1 class of duty holder. 27B More than 1 person can have a duty (1) More than 1 person can concurrently have the same duty. (2) Each duty holder must comply with that duty to the standard required by this Act even if another duty holder has the same duty. (3) If more than 1 person has a duty for the same matter, each person— (a) retains responsibility for the person's duty in relation to the matter; and (b) must discharge the person's duty to the extent to which the person has the capacity to influence and control the matter or would have had that capacity but for an agreement or arrangement purporting to limit or remove that capacity. Subdivision 2 What is reasonably practicable 28 What is reasonably practicable in ensuring electrical safety In this Act, reasonably practicable, in relation to a duty to ensure electrical safety, means that which is, or was at a particular time, reasonably able to be done in relation to ensuring electrical safety, taking into account and weighing up all relevant matters including— (a) the likelihood of the hazard or the risk concerned happening; and (b) the degree of harm that might result from the hazard or the risk; and (c) what the person concerned knows, or ought reasonably to know, about— (i) the hazard or the risk; and (ii) ways of eliminating or minimising the risk; and (d) the availability and suitability of ways to eliminate or minimise the risk; and (e) after assessing the extent of the risk and the available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk. Division 2 Duties of care 29 Duty of electricity entity (1) An electricity entity has a duty to ensure that its works— (a) are electrically safe; and (b) are operated in a way that is electrically safe. (2) Without limiting subsection (1), the duty includes the requirement that the electricity entity inspect, test and maintain the works. 30 Primary duty of care (1) A person conducting a business or undertaking must ensure the person's business or undertaking is conducted in a way that is electrically safe. (2) Without limiting subsection (1), the duty includes— (a) ensuring that all electrical equipment used in the conduct of the person's business or undertaking is electrically safe; and (b) if the person's business or undertaking includes the performance of electrical work, ensuring the electrical safety of all persons and property likely to be affected by the electrical work; and (c) if the person's business or undertaking includes the performance of work, whether or not electrical work, involving contact with, or being near to, exposed parts, ensuring persons performing the work are electrically safe. 31 Duty of person conducting business or undertaking that designs electrical equipment or an electrical installation (1) This section applies to a person (the designer) who conducts a business or undertaking that designs electrical equipment or an electrical installation. (2) The designer must ensure that— (a) the electrical equipment or installation is designed to be electrically safe; and (b) if the designer gives the design to another entity who is to give effect to the design, the design is accompanied by information about the way the electrical equipment or installation must be used and installed to ensure the equipment or installation is electrically safe. 32 Duty of person conducting business or undertaking that manufactures electrical equipment (1) This section applies to a person (the manufacturer) who conducts a business or undertaking that manufactures electrical equipment. (2) The manufacturer must ensure that— (a) the processes followed for the manufacture of the electrical equipment ensure that the electrical equipment, when made, will be electrically safe; and (b) the electrical equipment, when made, is electrically safe. (3) Without limiting subsection (2)(b), the duty includes ensuring that the electrical equipment, when made, is tested and examined to ensure it is electrically safe. Note— The circumstances in which this section applies could include circumstances in which the manufacturer is a responsible supplier and the electrical equipment is in-scope electrical equipment. 33 Duty of person conducting business or undertaking that imports electrical equipment (1) This section applies to a person (the importer) who conducts a business or undertaking that imports electrical equipment. (2) The importer must ensure that the electrical equipment is electrically safe. (3) Without limiting subsection (1), the duty includes ensuring that the electrical equipment— (a) is designed to be electrically safe; and (b) is tested and examined to ensure it is electrically safe. Note— The circumstances in which this section applies could include circumstances in which the importer is a responsible supplier and the electrical equipment is in-scope electrical equipment. 34 Duty of person conducting business or undertaking that supplies electrical equipment (1) This section applies to a person (the supplier) who conducts a business or undertaking that supplies electrical equipment. (2) The supplier must ensure that when the electrical equipment leaves the supplier, it is accompanied by information about the way the electrical equipment must be used to ensure that its use is electrically safe. 35 Additional duties of designer, manufacturer, importer or supplier of electrical equipment (1) A designer, manufacturer, importer or supplier of electrical equipment mentioned in section 31, 32, 33 or 34 must comply with the requirements of an electrical safety notification that apply to the designer, manufacturer, importer or supplier. Note— See section 206 which provides for the issue of electrical safety notifications. (2) A designer, manufacturer or importer of electrical equipment mentioned in section 31, 32, 33 or 34 must comply with the requirements of a recall order that applies to the designer, manufacturer or importer. Note— See division 2B which provides for the making of recall orders. 36 Duty of installer of electrical equipment or electrical installation (1) This section applies to a person (the installer) who installs electrical equipment or an electrical installation. (2) The installer must ensure that— (a) the way the electrical equipment or installation is installed is electrically safe; and (b) the processes followed for installing the electrical equipment or installation ensure that, when installed, it will be electrically safe; and (c) after the electrical equipment or installation is installed, the person tests and examines it to ensure it is electrically safe. 37 Duty of repairer of electrical equipment or electrical installation (1) This section applies to a person (the repairer) who repairs electrical equipment or an electrical installation. (2) The repairer must ensure that— (a) the way the electrical equipment or installation is repaired is electrically safe; and (b) the processes followed for repairing the electrical equipment or installation ensure that, when repaired, it will be electrically safe; and (c) the electrical equipment or installation, when repaired, is electrically safe. (3) Without limiting subsection (1), the duty includes ensuring that the electrical equipment or installation, when repaired, is tested and examined to ensure it is electrically safe. 38A Duty of officers (1) If a person conducting a business or undertaking has a duty under this Act, an officer of the person conducting the business or undertaking must exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty. (2) Subject to subsection (3), the maximum penalty applicable under division 2A for an offence relating to the duty of an officer under this section is the maximum penalty fixed for an officer of a person conducting a business or undertaking for that offence. (3) Despite anything to the contrary in section 40D, if the duty of a person conducting a business or undertaking was imposed under a provision other than sections 29 to 40, the maximum penalty under 40D for an offence by an officer under section 40D in relation to the duty is the maximum penalty fixed under the provision creating the duty for an individual who fails to comply with the duty. (4) An officer of a person conducting a business or undertaking may be convicted or found guilty of an offence under this Act relating to a duty under this section whether or not the person conducting the business or undertaking has been convicted of an offence under this Act relating to the duty. (5) In this section, due diligence includes taking reasonable steps— (a) to acquire and keep up-to-date knowledge of electrical safety matters; and (b) to gain an understanding of the nature of the operations of the business or undertaking of the person conducting the business or undertaking and generally of the hazards and risks associated with those operations; and (c) to ensure that the person conducting the business or undertaking has available for use, and uses, appropriate resources and processes to eliminate or minimise risks to electrical safety from work carried out as part of the conduct of the business or undertaking; and (d) to ensure that the person conducting the business or undertaking has appropriate processes for receiving and considering information regarding incidents, hazards and risks and responding in a timely way to that information; and (e) to ensure that the person conducting the business or undertaking has, and implements, processes for complying with any duty of the person conducting the business or undertaking under this Act; and Example— For paragraph (e), the duties under this Act of a person conducting a business or undertaking may include— • ensuring compliance with notices issued under this Act; • ensuring the provision of training and instruction to workers about electrical safety. (f) to verify the provision and use of the resources and processes mentioned in paragraphs (c) to (e). 38 Duty of person in control of electrical equipment (1) This section applies to a person who is in control of electrical equipment. (2) The person must ensure that the electrical equipment is electrically safe. (3) Subsection (1) does not apply to the person in control of electrical equipment to the extent that the electrical equipment— (a) is located at premises in which the person lives; or (b) forms part of the works of an electricity entity. 39 Duty of worker While at work, a worker must— (a) take reasonable care for the worker's own electrical safety; and (b) take reasonable care that the worker's acts or omissions do not adversely affect the electrical safety of other persons or property; and (c) comply, so far as the worker is reasonably able, with— (i) any reasonable instruction that is given by the person conducting the business or undertaking to allow the person to comply with this Act; or (ii) subject to subparagraph (i), any reasonable instruction about electrical equipment located at the workplace given by a person in control of the electrical equipment to allow the person to comply with this Act; and (d) cooperate with any reasonable policy or procedure of the person conducting the business or undertaking relating to electrical safety at the workplace that has been notified to workers. 40 Duty of other person (1) This section applies to a person at a place where electrical equipment is located, whether or not the person has another duty under this part. (2) The person must— (a) take reasonable care for the person's electrical safety; and (b) take reasonable care that the person's acts or omissions do not adversely affect the electrical safety of other persons; and (c) comply, so far as the person is reasonably able, with any reasonable instruction that is given by the person in control of the electrical equipment to allow the person to comply with this Act. 40AA Duty of person conducting business or undertaking that conducts a recognised external certification scheme (1) This section applies to a person who conducts a business or undertaking— (a) that conducts a recognised external certification scheme; and (b) that certifies in-scope electrical equipment under the scheme. (2) The person must ensure that the in-scope electrical equipment to which the certification relates is electrically safe. Division 2A Offences and penalties 40A Electrical safety duty Electrical safety duty means a duty imposed under division 2. 40B Reckless conduct—category 1 (1) A person commits a category 1 offence if— (a) the person has an electrical safety duty; and (b) the person, without reasonable excuse, engages in conduct that exposes an individual to whom that duty is owed to a risk of death or serious injury or illness; and (c) the person is reckless as to the risk to an individual of death or serious injury or illness. Maximum penalty— (a) for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units or 5 years imprisonment; or (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—6,000 penalty units or 5 years imprisonment; or (c) for an offence committed by a body corporate—30,000 penalty units. (2) The prosecution bears the burden of proving that the conduct was engaged in without reasonable excuse. (3) A category 1 offence is a crime. 40C Failure to comply with electrical safety duty—category 2 A person commits a category 2 offence if— (a) the person has an electrical safety duty; and (b) the person fails to comply with that duty; and (c) the failure exposes an individual to a risk of death or serious injury or illness. Maximum penalty— (a) for an offence committed by an individual. other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,500 penalty units; or (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—3,000 penalty units; or (c) for an offence committed by a body corporate—15,000 penalty units. 40D Failure to comply with electrical safety duty—category 3 A person commits a category 3 offence if— (a) the person has an electrical safety duty; and (b) the person fails to comply with that duty. Maximum penalty— (a) for an offence committed by an individual, other than as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—500 penalty units; or (b) for an offence committed by an individual as a person conducting a business or undertaking or as an officer of a person conducting a business or undertaking—1,000 penalty units; or (c) for an offence committed by a body corporate—5,000 penalty units. 40E Duty prevails over particular excuses For an offence against sections 40C and 40D, the Criminal Code sections 23(1) and 24 are subject to division 2. Note— This rule is similar to the rule in the Criminal Code section 23(1) (extended to section 24), which makes that provision subject to express provisions of the Criminal Code relating to negligent acts and omission. 40F Exceptions (1) A volunteer does not commit an offence under this division for a failure to comply with an electrical safety duty, except a duty under section 39 or 40. (2) An unincorporated association does not commit an offence under this Act for a failure to comply with a duty imposed on the unincorporated association under this Act. (3) However— (a) an officer of an unincorporated association (other than a volunteer) may be liable for a failure to comply with a duty under section 38A; and (b) a member of an unincorporated association may be liable for failure to comply with a duty under section 39 or 40. Division 2B Ministerial recall orders 40G Minister may make recall order (1) This section applies if the Minister considers that electrical equipment is placing, or will place, persons or property in electrical risk. (2) The Minister may make an order (a recall order) that— (a) is directed to a stated designer, manufacturer or importer (the responsible person); and (b) requires stated electrical equipment, or a stated type of electrical equipment, be recalled from use. (3) The Minister may make a recall order for electrical equipment whether or not— (a) the responsible person has already undertaken a recall of the electrical equipment; or (b) the electrical equipment has been installed at a place. Note— Section 35(2) expressly provides for a duty to comply with the recall order. 40H Notice required before making recall order (1) Before making the recall order, the Minister must— (a) advise the responsible person by written notice that the Minister intends to make the order and the reasons for making the order; and (b) give the responsible person a copy of the proposed order; and (c) call on the responsible person to show cause why the Minister should not make the proposed order. (2) If the responsible person wishes to show cause why the recall order should not be made, the responsible person must make written submissions to the Minister within 7 days after receiving the notice and copy of the proposed order from the Minister. (3) The Minister must consider any written submissions made by the responsible person before making the recall order. 40I Service of recall order (1) This section applies if, after considering any written submissions made by the responsible person under section 40H(2), the Minister still decides to make the recall order. (2) The recall order must be in writing and be given to the responsible person. (3) Information that is sufficient to alert the public about the electrical risk identified in the recall order must be published in— (a) the gazette; and (b) a newspaper circulating generally in the State. 40J Nature of recall order (1) The recall order must state— (a) the reasons for the recall of the electrical equipment from use; and (b) what the responsible person must do to recall the electrical equipment from use including, but not limited to, the following— (i) the way in which, and the period for which, the responsible person must inform other persons about the electrical risk; (ii) the information the responsible person must give other persons about the electrical risk, including the action the other persons should take to mitigate the electrical risk; (iii) the action the responsible person must take to eliminate the electrical risk, for example, by repair, replacement or otherwise making the equipment electrically safe; (iv) the information the responsible person must give to the regulator about the progress of the recall. (2) The responsible person is liable for any cost incurred in relation to complying with the recall order, including costs incurred by a supplier giving reasonable help in relation to the recall order under section 40K. (3) The recall order remains in force until the end of 2 years after the order is made unless sooner revoked by the Minister. (4) Subsection (3) does not prevent a further recall order being made for the same electrical equipment to which the recall order applied while it was in force. 40K Supplier must help responsible person (1) This section applies if the responsible person— (a) produces a copy of the recall order to a supplier of electrical equipment that is the subject of the order; and (b) asks the supplier for help in relation to the recall order. (2) The supplier must give the responsible person reasonable help in relation to the recall order. Examples of reasonable help— • ceasing the supply of the recalled electrical equipment • putting up a sign about the recall at the supplier's place of business • providing a collection point for recalled electrical equipment • identifying or contacting persons supplied with the recalled electrical equipment • giving the responsible person information about the number of items of recalled electrical equipment sold, in stock or returned by customers Maximum penalty—50 penalty units. Division 3 Regulations, ministerial notices and codes of practice relating to electrical safety duties 41 [Repealed] 42 Ministerial notice about discharging electrical safety duty (1) This section applies if the Minister has identified circumstances of electrical risk for persons or property and considers that urgent action should be taken to deal with the electrical risk. (2) The Minister may make a notice that prescribes a way of discharging a person's electrical safety duty in relation to the electrical risk. (3) The notice expires— (a) 1 year from the day it is notified; or (b) on an earlier day stated in the notice. (4) However, a regulation may extend the notice's operation for a further period of not more than 1 year. (5) If a notice is inconsistent with a regulation or code of practice, the notice prevails to the extent of the inconsistency. (6) A notice is subordinate legislation. 43 Effect of ministerial notice for discharge of electrical safety duty (1) Unless otherwise stated in a ministerial notice, the notice does not prescribe all that a person to whom the notice applies must do, or must not do, to discharge the person's electrical safety duty in relation to the electrical risk mentioned in the notice. (2) However, for applying the duty offence provision, the person fails to discharge the electrical safety duty in relation to the electrical risk if the person contravenes the ministerial notice. 44 Code of practice about discharging electrical safety duty (1) The Minister may make a code of practice that states a way of discharging a person's electrical safety duty. (2) A code of practice, or an instrument amending or repealing a code of practice, has no effect unless the Minister gives notice of its making. (3) A notice under subsection (2) is subordinate legislation. (4) A code of practice, or an instrument amending or repealing a code of practice, commences on the later of the following— (a) the day the notice under subsection (2) commences; (b) the day the code or instrument provides that it commences. (5) A code of practice expires 10 years after its commencement. (6) The Minister must ensure that a copy of each code of practice as in force from time to time, and any document applied, adopted or incorporated by the code of practice, is made available for inspection without charge during normal business hours at each department office dealing with electrical safety. (7) A code of practice may be made available in written or electronic form. (8) If a code of practice is inconsistent with a regulation, the regulation prevails to the extent of the inconsistency. 45 Use of code of practice in proceedings (1) This section applies in a proceeding for an offence against this Act. (2) A code of practice is admissible in the proceeding as evidence of whether or not a duty under this Act has been complied with. (3) The court may— (a) have regard to the code as evidence of what is known about a hazard or risk, risk assessment or risk control to which the code relates; and (b) rely on the code in deciding what is reasonably practicable in the circumstances to which the code relates. Note— See section 28 for the meaning of reasonably practicable. (4) Nothing in this section prevents a person from introducing evidence of compliance with this Act in a way that is different from the code but provides a standard of electrical safety that is equivalent to or higher than the standard required in the code. Division 4 [Repealed] 46 [Repealed] 47 [Repealed] Division 5 [Repealed] 48 [Repealed] Part 2A In-scope electrical equipment safety system Division 1 Preliminary 48A Definitions for part In this part— another State includes New Zealand. certificate of conformity has the meaning given by a regulation made for this part. corresponding law means a law of another State that is prescribed by regulation to be a corresponding law. in-scope electrical equipment see section 48B. level 2 in-scope electrical equipment has the meaning given by a regulation made for this part. level 3 in-scope electrical equipment has the meaning given by a regulation made for this part. national register see section 48D. participating jurisdiction means another State that has enacted or made a corresponding law. recognised external certification scheme means a scheme declared to be a recognised external certification scheme under section 48J. register means to register in the national register. responsible supplier, of in-scope electrical equipment, means— (a) a person who conducts a business or undertaking that manufactures the electrical equipment in, or imports the electrical equipment into, Australia; or (b) if New Zealand is a participating jurisdiction, a person who conducts a business or undertaking that manufactures the electrical equipment in, or imports the electrical equipment into, New Zealand. 48B Meaning of in-scope electrical equipment (1) In-scope electrical equipment is electrical equipment that— (a) is operated by electricity within a voltage range prescribed by regulation for this paragraph; and (b) is designed, or marketed as suitable, for household, personal or similar use. (2) In-scope electrical equipment does not include electrical equipment prescribed by regulation for this subsection not to be in-scope electrical equipment. (3) It is immaterial whether the electrical equipment is also designed or marketed to be used for commercial or industrial purposes. 48C Extraterritorial operation It is the intention of the Parliament that the operation of this part and a regulation made for this part are to, as far as possible, include operation in relation to the following— (a) things situated in or outside the territorial limits of Queensland; (b) acts, transactions and matters done, entered into or occurring in or outside the territorial limits of Queensland; (c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this part and a regulation made for this part, be governed or otherwise affected by the law of another jurisdiction. Division 2 National register 48D Regulator to establish and maintain national register (1) The regulator must establish and maintain an in-scope electrical equipment safety system register (the national register). (2) The national register must be available for the purposes of this Act and each corresponding law— (a) to register responsible suppliers and level 2 or 3 in-scope electrical equipment; and (b) to record information about certificates of conformity and other matters; and (c) to access information in the register. (3) The national register must be in electronic form available, on the internet, for use by any person for the purposes mentioned in subsection (2). (4) The regulator may comply with subsections (1) to (3) by entering into an agreement with an entity under which the entity establishes and maintains the national register for the regulator. (5) It is immaterial where the national register is located. 48E Electronic registration procedure (1) A person may register any matter, or record any information about a matter in the national register, by accessing the national register on the internet— (a) inputting the information; and (b) making the declaration (if any); and (c) paying the fee (if any); as indicated by prompts or fields in the register. (2) A person who responds to the prompts or fills in the fields is taken to have given the information or made the declaration concerned. 48F Effect of registration etc. in national register A matter registered in the national register, or information recorded in the national register, is taken to be registered or recorded under this Act whether the registration or inclusion was done for the purposes of this Act or a corresponding law. 48G Effect of cancellation of registration etc. (1) This section applies if— (a) the registration of a matter is cancelled under a corresponding law; or (b) information recorded in the national register is omitted under a corresponding law. (2) The registration is cancelled or the information is omitted for the purpose of this Act. (3) However, the cancellation or omission does not entitle a person to apply for a review of the decision resulting in the cancellation or omission, or to appeal against that decision, under part 12. Note— For any review of the decision, see the corresponding law. 48H Regulator may note cancellation under corresponding law in national register (1) This section applies if— (a) the registration of a responsible supplier or of level 2 or 3 in-scope electrical equipment is cancelled under a corresponding law; and (b) the regulator is notified of the cancellation under arrangements agreed to by the regulator. (2) The regulator must record notice of the cancellation in the national register. 48I Registration fees (1) This section applies for prescribing fees under a regulation for the registration of responsible suppliers or level 2 or 3 in-scope electrical equipment. (2) The fees prescribed may be prescribed at a premium level having regard to the following— (a) under this Act and corresponding laws matters registered in the national register will be taken to be registered under this Act and each corresponding law; and (b) under an agreement between the State and the participating jurisdictions— (i) the only fees payable for registration, whether under this Act or a corresponding law, will be the fees prescribed under the regulation; and (ii) the fees will— (A) in the first instance, be paid to the regulator through the national register; and (B) be paid by the regulator into the fund; and (C) be paid from the fund as mentioned in section 204C(1). (3) Subsection (2) does not limit the matters that may be taken into account when prescribing the fees but may extend the matters. (4) Subsections (1) and (2) do not limit the fees that may be prescribed under section 210(4) for this part or the national register. (5) A fee