S. 3 def. of accepted ESMS inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). 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; S. 3 def. of accepted ESMS operator inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). accepted ESMS operator means— s. 3 (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; S. 3 def. of bushfire mitigation plan inserted by No. 55/2010 s. 13(3). bushfire mitigation plan means a plan referred to in section 83BA(1) or 113A(1); business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993; cathodic protection system means a prescribed system designed to use direct electric current to protect metallic structures from corrosion;
responsible person, in Part 8, means a person responsible under section 84 for the maintenance of a private electric line or for the keeping of the whole or any part of a tree clear of an electric line; rural area, in Part 8, means an area that is not an urban area; s. 3 serious electrical incident means an incident involving electricity which causes or has the potential to cause— (a) the death of or injury to a person; or (b) significant damage to property; or (c) a serious risk to public safety; S. 3 def. of specified bushfire risk period inserted by No. 55/2010 s. 13(3). specified bushfire risk period means the period commencing 1 November and ending 31 March the following year; supply includes supply (including re-supply) by way of sale, exchange, lease, hire or S. 3 def. of supply network amended by No. 57/2009 s. 4(d). supply network means a network consisting of electric lines, substations, circuits and any other thing required for the purposes of the transmission, distribution or supply of electricity; S. 3 def. of transmission company inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). transmission company has the same meaning as in the Electricity Industry Act 2000;
S. 3 def. of voluntary ESMS operator inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)), amended by No. 55/2010 s. 37(1)(c). 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. S. 3A inserted by No. 61/2007 s. 5 (as amended by No. 57/2009 s. 14). 3A Declaration of certain distribution companies or transmission companies not to be major electricity companies s. 3A The Governor in Council, by Order published in the Government Gazette, may declare— (a) a distribution company or a class of distribution company; or (b) a transmission company or a class of transmission company— not to be a major electricity company for the purposes of this Act or any part of this Act. 4 Exemptions S. 4(1) amended by No. 69/2000 s. 22(1). (1) The Governor in Council, by Order published in the Government Gazette, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order— (a) do not have effect in relation to specified electrical contractors or electrical workers, or a class of electrical contractors or electrical workers, or do not have effect to such extent as is specified; or (b) do not have effect in relation to specified electrical equipment or a class of equipment or do not have effect to such extent as is specified; or
(b) the worker is a licensed electrical installation worker under this Part in respect of electrical installation work of that class. In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. (2) Subsection (1) does not apply to the employment, in the regular course of a business carried on by a person, of a licensed electrical installation worker to carry out electrical installation work of a class in respect of which the worker is licensed only in premises owned or occupied by the employer. 37 Obligations on registered contractors s. 36 A registered electrical contractor must not permit a person to carry out on the contractor's behalf, or direct a person to carry out, any electrical installation work that does not comply with this Act or the regulations. In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Division 2—Licensing of electrical workers 38 Electrical workers A person must not carry out or offer to carry out or hold out that the person carries out or is willing to carry out any class of electrical work that, under the regulations, is a prescribed class of electrical work for the purposes of this Division unless the person is—
(a) licensed under this Division as an electrical installation worker in respect of electrical installation work of that class; or (b) licensed under this Division as an electrical inspector in respect of electrical inspection work of that class; or (c) licensed under this Division as an electrical connection worker in respect of electrical connection work of that class; or (d) licensed under this Division as an electrical equipment worker in respect of electrical equipment work of that class; or S. 38(e) amended by No. 57/2009 s. 5. (e) authorised under an accepted ESMS in respect of electrical work of that class. 50 penalty units. S. 39 amended by No. 24/2006 s. 6.1.2(Sch. 7 item 15). 39 Apprentices deemed to be licensed s. 38 An apprentice within the meaning of the Education and Training Reform Act 2006 in a trade that involves carrying out electrical work is, during the period of the apprenticeship, deemed to be licensed as an electrical worker to carry out electrical work under supervision as prescribed. 40 Licensing of electrical workers S. 40(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe may, in accordance with the regulations, license, or renew the licence of, a natural person as an electrical worker in respect of a specified class of electrical work. S. 40(2) amended by No. 39/2005 s. 48(Sch. 1 item 2). (2) A licence may be issued or renewed subject to any conditions that Energy Safe Victoria thinks fit,
another licensed electrical installation worker, to the licensed electrical installation worker who supervised the work; (d) if paragraphs (a), (b) and (c) do not apply, to the licensed electrical installation worker who carried out the work. S. 41B inserted by No. 38/2000 s. 17, amended by No. 69/2000 s. 23 (ILA s. 39B(1)). 41B Supervisor deemed to carry out certain work s. 41B (1) If, under this Act or the regulations, a licensed electrical installation worker supervises the carrying out of electrical installation work by another person, then, for the purposes of this Division— (a) the licensed electrical installation worker is deemed to be the person carrying out the work; and (b) the other person is deemed not to have carried out the work. S. 41B(2) inserted by No. 69/2000 s. 23. (2) Subsection (1) does not apply in respect of a licensed electrical installation worker supervising the carrying out of electrical installation work pursuant to the conditions of registration applying to a registered electrical contractor. 42 Implied conditions relating to electrical installation work It is an implied condition of each contract entered into by the electrical contractor in relation wholly or partly to any electrical installation work to be carried out by the electrical contractor that the quality of the materials, fittings and apparatus to be used in connection with the electrical installation work and the methods to be followed in carrying out the electrical installation work are in accordance with the regulations. 43 Safety of electrical installations s. 43
S. 44(2)(b) amended by No. 61/2007 s. 13(2). (b) if the worker is not the person responsible for the carrying out of the work, give to the person who is responsible for the carrying out of the work a signed certificate of compliance in respect of that work. 10 penalty units. S. 44(3) inserted by No. 89/1998 s. 9(2), amended by No. 61/2007 s. 13(2). (3) A licensed electrical installation worker must not sign a certificate of compliance in relation to any electrical installation work carried out by that worker unless the certificate— (a) describes the work; and (b) states that the work complies with this Act and the regulations; and (c) contains any other details in relation to the work required by the regulations. 10 penalty units. S. 44(4) inserted by No. 89/1998 s. 9(2), repealed by No. 61/2007 s. 13(3). * * * * * 45 Inspection of electrical installation work S. 45(1) amended by No. 89/1998 s. 10(1). s. 45 (1) A person who is responsible for the carrying out of prescribed electrical installation work must ensure that that work is inspected by a licensed electrical inspector in accordance with the regulations before the electrical installation is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of the work were not disconnected from the electricity supply, before the work is first used after it is completed. In the case of a natural person, 40 penalty units;
S. 46(1)(a)(i) substituted by No. 69/2000 s. 24(1). (i) a person who is the holder of a licence under section 19 of the Electricity Industry Act 2000, for the purposes of carrying out activities authorised under the licence; or S. 46(1)(a)(ii) amended by No. 38/2000 s. 24(b), substituted by No. 69/2000 s. 24(1). (ii) a person who is exempted under the Electricity Industry Act 2000 from holding a licence under section 19 of that Act, for the purposes of carrying out activities authorised to be carried out under the terms of the exemption; or S. 46(1)(a)(iii) repealed by No. 30/2000 s. 34. * * * * * S. 46(1)(a)(iv) substituted by No. 6/2010 s. 203(1)(Sch. 6 item 16.1(a)) (as amended by No. 45/2010 s. 22). (iv) Victorian Rail Track, within the meaning of section 3 of the Transport Integration Act 2010, for the purposes of its functions or powers under that or any other Act; or S. 46(1)(a)(iva) inserted by No. 6/2010 s. 203(1)(Sch. 6 item 16.1(b)) (as amended by No. 45/2010 s. 22). (iva) V/Line Corporation, within the meaning of section 3 of the Transport Integration Act 2010, for the purposes of its functions or powers under that or any other Act; or (v) the Roads Corporation, for the purposes of its functions or powers under any Act; or (vi) a municipal council for the purposes of its functions or powers under any Act; or
S. 58(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe , on the application of any person, may approve prescribed electrical equipment. (2) An application must— (a) be in writing; and (b) contain or be accompanied by the prescribed information; and (c) be made in accordance with the regulations; and (d) be accompanied by the relevant prescribed fee. S. 58(3) amended by No. 39/2005 s. 48(Sch. 1 item 1). (3) Energy Safe must notify the applicant in writing of its decision— (a) to approve prescribed electrical equipment or a class of electrical equipment; or (b) to approve electrical equipment subject to certain modifications being made; or (c) not to approve prescribed electrical equipment. S. 58(4) amended by No. 39/2005 s. 48(Sch. 1 item 2). (4) If Energy Safe approves prescribed electrical equipment subject to certain modifications being made, the approval has effect when the prescribed electrical equipment has been modified in accordance with the approval. S. 59 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2). 59 Re-examination s. 59 Energy Safe Victoria may at any time require any prescribed electrical equipment which has been approved to be re-examined or tested by Energy Safe Victoria. 60 Modifications after approval S. 60(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe may, by notice given to a person, require modifications to be made to prescribed electrical equipment that has been approved under
date of publication of the notice in the Government Gazette or from such later date as is specified in that notice. S. 63(2) amended by No. 39/2005 s. 48(Sch. 1 item 1). (2) Energy Safe , by notice in writing given to a person, may prohibit that person from supplying specified electrical equipment or electrical equipment of a specified class from the date of the notice or such later date as is specified in the notice. S. 63(3) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2). (3) Energy Safe may exercise a power of prohibition under this section only if it appears to Energy Safe Victoria that— (a) the specified electrical equipment is, or is likely to become, by reason of its design or construction, unsafe to use; and (b) prohibition of the supply of the specified equipment or of all equipment of that specified class is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that equipment or equipment of that class. s. 63 S. 63(4) amended by No. 39/2005 s. 48(Sch. 1 item 1). (4) Energy Safe may withdraw a prohibition made under subsection (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State. S. 63(5) amended by No. 39/2005 s. 48(Sch. 1 item 1). (5) Energy Safe may withdraw a prohibition made under subsection (2) by notice given to the person to whom the prohibition was given. (6) This section applies whether or not the equipment was— (a) prescribed electrical equipment; or
S. 93A inserted by No. 25/2008 s. 6. 93A Evidentiary provision—operation of cathodic protection systems s. 93A (1) This section applies if— (a) the person operating a cathodic protection system is not the owner of that system; and (b) that person is operating that system under the authority or with the consent of the owner of that system. (2) The owner of a cathodic protection system is not guilty of an offence under section 93(2) if the owner reasonably believed that the system was operated by the person in accordance with— (a) this Act and the regulations; and (b) any conditions to which the registration is subject. S. 94 (Heading) inserted by No. 61/2007 s. 12(4)(a). S. 94 amended by No. 61/2007 s. 12(4)(b)(c). 94 Railway operator—duty in relation to stray electrical current leakage s. 94 A person who is the operator of a railway must ensure that that railway is designed, installed, operated and maintained in such a manner as to minimise the risks to safety of any person and the risks of damage to property arising from the leakage of stray electrical currents from that railway. In the case of a natural person, 200 penalty units;
S. 141(2)(a) amended by No. 39/2005 s. 48(Sch. 1 item 16). (a) to cease to use particular electrical equipment or a class of electrical equipment until the Director considers that it is safe to use; or S. 141(2)(b) amended by Nos 36/1999 s. 21, 39/2005 s. 48(Sch. 1 item 16). (b) to cease a particular electrical work practice or class of electrical work practice until the Director considers that it is safe; or S. 141(2)(c) inserted by No. 36/1999 s. 21. (c) to make safe an electrical installation or particular electrical equipment; or S. 141(2)(d) inserted by No. 36/1999 s. 21, amended by No. 55/2010 s. 32(1). (d) to do any other thing necessary to make an unsafe electrical situation safe; or S. 141(2)(e) inserted by No. 55/2010 s. 32(2). (e) to do any other thing necessary to prevent an unsafe electrical situation from arising. S. 141(3) amended by No. 69/2000 s. 29. (3) In this section, relevant person means an electricity supplier, the holder of a licence under the Electricity Industry Act 2000 to supply or sell electricity, or any other person supplying electricity. (4) A person must comply with a direction under this section that applies to the person. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.
such matters or things as are necessary or expedient to be prescribed with respect to all or any of the following matters— (i) return conductors; S. 155(1)(g)(ii) amended by No. 61/2007 s. 12(5). (ii) the structure and method of construction of railways and the method of generation, distribution and use of the electrical current; s. 156 S. 155(1)(g)(iii) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 61/2007 s. 12(6). (iii) the making and recording of electric tests whether by the operator of a railway or Energy Safe Victoria. 156 Electrical contractors and electrical workers The Governor in Council may make regulations for or with respect to— S. 156(a) substituted by No. 69/2000 s. 30(a). (a) the qualifications (including courses of training and examination, re-examination, assessment and re-assessment) required for registration of electrical contractors or any class of electrical contractors; (b) the registration of electrical contractors including the conditions under which registration will be granted; (c) reasonable fees to be paid— (i) for the registration of electrical contractors; (ii) for the renewal of registrations; (d) the suspension or cancellation of the registration of any electrical contractor and the restoration of the registration of any electrical contractor whose registration has been suspended or cancelled.
Assent Date: 18.6.13 Commencement Date: S. 12 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.