member, in Part 8, means a member of the Electric Line Clearance Consultative Committee and includes a chairperson, acting chairperson and acting member; mitigation system means a prescribed system designed to reduce the effects on metallic structures of the leakage of stray electrical currents; S. 3 def. of network operator amended by No. 61/2007 s. 12(1), repealed by No. 57/2009 s. 4(e). * * * * * occupier, in Part 8 or 11, in relation to land, means a person who is in actual occupation of the land or, if no-one is in actual occupation of the land, the owner of the land; S. 3 def. of Office repealed by No. 39/2005 s. 44(2). * * * * * S. 3 def. of officer amended by No. 44/2001 s. 3(Sch. item 36). officer, in relation to a corporation, has the same meaning as in section 9 of the Corporations Act; person, in Part 8, includes an unincorporated body or association and a partnership; point of supply— (a) in relation to a low voltage electric line, means— s. 3
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 tree inserted by No. 38/2000 s. 15. tree includes vegetation; S. 3 def. of Tribunal inserted by No. 24/2002 s. 3. Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 3 def. of upstream network repealed by No. 57/2009 s. 4(f). * * * * * S. 3 def. of urban area amended by Nos 40/2003 s. 26, 2/2014 s. 4(d). urban area, in Part 8, means an area of land that is predominantly— (a) subdivided into allotments or lots each of which, in the case of land used or to be used for residential purposes, is not greater than 0·1 hectares; and s. 3 (b) able to be used or developed under a planning scheme for residential, industrial or commercial purposes; and (c) provided with constructed streets and services; and
connection with the carrying out of electrical work; or (f) has engaged in fraudulent conduct in the carrying out of electrical work. S. 41(2) amended by No. 39/2005 s. 48(Sch. 1 item 2). (2) If, after an inquiry into the conduct of a licensed electrical worker and giving the electrical worker the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against the licensed electrical worker, Energy Safe Victoria may do one or more of the following— S. 41(2)(a) repealed by No. 25/2008 s. 4. * * * * * (b) impose new conditions or restrictions on, or vary the conditions or restrictions on the licence, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (c) suspend the licence for a period of up to 12 months; (d) cancel the licence, immediately or with effect from a specified later date. Division 3—Electrical installation work S. 41A inserted by No. 89/1998 s. 8. 41A Responsible person s. 41A In this Division a reference to the person who is responsible for the carrying out of electrical installation work is a reference— (a) to a registered electrical contractor, if the registered electrical contractor is engaged to carry out the work; or
(a) an electrical installation at the premises unsafe; or (b) a building at the premises unsafe if that premises is supplied with electricity. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) In this section— building work has the same meaning as in the Building Act 1993. S. 44 amended by No. 89/1998 s. 9(2) (ILA s. 39B(1)). 44 Compliance and testing of electrical installation work s. 44 (1) A licensed electrical installation worker must ensure that all electrical installation work carried out by that worker— (a) complies with this Act and the regulations; and S. 44(1)(b) amended by No. 89/1998 s. 9(1). (b) is tested in accordance with and at the intervals required by the regulations before it is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of that work were not disconnected from the electricity supply, before the work is first used after it is completed. 40 penalty units. S. 44(2) inserted by No. 89/1998 s. 9(2). (2) A licensed electrical installation worker who carries out electrical installation work must, within 4 business days after the completion of that work—
S. 44(2)(a) amended by No. 61/2007 s. 13(2). (a) complete and sign a certificate of compliance in respect of that work; and 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
(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. S. 45B inserted by No. 89/1998 s. 11. 45B Supply of certificate forms s. 45B S. 45B(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe may sell certificate of electrical safety forms to registered electrical contractors and licensed electrical installation workers and prescribed persons. S. 45B(2) amended by No. 39/2005 s. 48(Sch. 1 item 1). (2) Energy Safe may authorise a person to sell certificate of electrical safety forms to registered electrical contractors and licensed electrical installation workers and prescribed persons. S. 45B(3) amended by No. 39/2005 s. 48(Sch. 1 item 2). (3) In authorising a person, Energy Safe Victoria may impose any conditions on its authorisation that it thinks appropriate and may change any such condition at any time. S. 45B(4) amended by No. 39/2005 s. 48(Sch. 1 item 2). (4) A person authorised by Energy Safe Victoria to sell certificate of electrical safety forms— (a) must not sell or give a certificate of electrical safety form to a person who is not a registered electrical contractor, a licensed electrical installation worker or prescribed person; and (b) must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount; and S. 45B(4)(c) amended by No. 39/2005 s. 48(Sch. 1 item 2). (c) must comply with any condition imposed by Energy Safe Victoria in granting its authorisation. s. 45B
(4) A person must not knowingly use an electric line installed in contravention of this section. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 47 Exemption s. 47 S. 47(1) amended by No. 69/2000 s. 22(2). (1) The Governor in Council may, by Order published in the Government Gazette, exempt a person from compliance with section 46 in respect of an activity specified in the Order. (2) An exemption may be of general or specific application. (3) An exemption is subject to such terms and conditions as are specified in the Order including a condition requiring— (a) the consent of the owner of any property that may be affected by the activities to which the exemption relates; and S. 47(3)(b) amended by No. 69/2000 s. 25. (b) unless inconsistent with any obligation of the distribution company under a licence under the Electricity Industry Act 2000, the consent of the distribution company to whose supply network the electric line is to be connected. (4) A person to whom an Order under this section applies must comply with the terms and conditions to which the operation of the Order is subject. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.
63 Prohibition of supply of electrical equipment S. 63(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe Victoria, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply of specified electrical equipment or electrical equipment of a specified class from the 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.
(b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The specified 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 operator and the accepted bushfire mitigation plan to enable an independent audit to be carried out. (3) If Energy Safe requires a specified operator to obtain an independent audit under this section, the costs of that audit must be borne by the operator. (4) A specified operator must comply with a requirement of Energy Safe Victoria under this section. 200 penalty units. S. 83BK inserted by No. 55/2010 s. 17. 83BK Compliance audits—Energy Safe s. 83BK Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a specified operator is satisfactorily complying with an accepted bushfire mitigation plan. Division 2—Responsibility for maintenance of lines Pt 8 Div. 2 Subdiv. 1 (Heading) inserted by No. 2/2014 s. 6(1). Subdivision 1—Persons responsible for maintaining lines S. 84 amended by No. 12/2004 s. 155, substituted by No. 2/2014 s. 7. 84 Requirement to keep trees clear of electric companies A distribution company is responsible for the keeping of the whole or any part of a tree clear of an electric line within its distribution area unless
S. 86(6) amended by No. 39/2005 s. 48(Sch. 1 item 2). (6) In order to carry out work under subsection (5) an officer, employee or agent of the relevant distribution company may at any reasonable time and upon production of a certificate issued by Energy Safe Victoria or the relevant distribution company enter onto and remain on any land where that work is to be carried out for as long as is necessary for the carrying out of the work. s. 86 (7) The relevant distribution company may recover the costs of carrying out any work under subsection (5) from the responsible person. S. 86(8) amended by No. 2/2014 s. 8(2)(a). (8) Despite the provisions of any other Act, if the relevant distribution company is the responsible person under section 84, the relevant distribution company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code. S. 86(8A) inserted by No. 59/2011 s. 14(2), amended by No. 2/2014 s. 8(2)(b). (8A) Despite the provisions of any other Act, if a transmission company is the responsible person under section 84D, the relevant transmission company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code. s. 86 S. 86(9) amended by No. 2/2014 s. 8(2)(c). (9) Despite the provisions of— (a) section 77 of the Forests Act 1958; or
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. In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units. S. 111 substituted by No. 61/2007 s. 7. 111 Application of provisions to revised electricity safety management scheme s. 111 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. S. 112 substituted by No. 61/2007 s. 7, repealed by No. 55/2010 s. 28, new s. 112 inserted by No. 2/2014 s. 11. 112 Revisions that do not relate to bushfire mitigation (1) This section applies if— (a) a major electricity company is required, or has been requested, to submit a revised electricity safety management scheme to Energy Safe Victoria under section 107 or 109; and
(5) For the purposes of subsection (1), it is not a reasonable excuse for a major electricity company not to comply with subsection (1) if— S. 113B(5)(a) amended by No. 59/2011 s. 8(3). (a) there is no accepted bushfire mitigation plan that applies to the company's supply network; and S. 113B(5)(b) amended by No. 59/2011 s. 8(3). (b) the reason for there being no accepted bushfire mitigation plan that applies to the company's supply network is that— (i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the company that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or (ii) Energy Safe has not accepted a plan under section 83BG (as applied and modified by section 113C). (6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse. S. 113C inserted by No. 55/2010 s. 27. 113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans s. 113C Sections 83BC to 83BH apply to the validation, or acceptance, provisional acceptance or or determination by Energy Safe Victoria, of a bushfire mitigation plan under this Division— (a) as if— (i) a reference to a specified operator were a reference to a major electricity company; and
S. 113E inserted by No. 55/2010 s. 27, substituted by No. 2/2014 s. 14. 113E Revisions that only relate to bushfire mitigation s. 113E (1) This section applies if a major electricity company is required, or has been requested, to submit a revised bushfire mitigation plan to Energy Safe Victoria under section 107 or 109. Note See also section 113D(1) and (2). (2) Despite anything to the contrary in Division 2 or this Division, the company is only required to submit that revised plan. S. 113F inserted by No. 55/2010 s. 27. 113F Inspection of overhead private electric lines (1) A major electricity company that has a distribution area must cause an inspection to be carried out at such times as are prescribed, and in accordance with the prescribed standards (if any), of private electric lines that are above the surface of land within its distribution area, other than any prescribed parts of those lines. In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. (2) A major electricity company must give to the occupier of land above which there is a private electric line notice in the prescribed form (if any) during the prescribed period (if any) before an inspection under subsection (1) is carried out. (3) A major electricity company may, for the purpose of an inspection under this section, enter onto land at any reasonable time for the purposes of inspecting a private electric line under this section and remain on the land for so long as is necessary to inspect the line.
S. 138 amended by Nos 36/1999 s. 20(5), 69/2000 s. 28(2). 138 Offence to obstruct enforcement officer A person must not without reasonable excuse obstruct or hinder an enforcement officer exercising functions under this Act or the Electricity Industry Act 2000. 300 penalty units. S. 139 amended by Nos 36/1999 s. 20(6), 69/2000 s. 28(2). 139 Police to assist enforcement officers s. 136 An enforcement officer may request the assistance of a member of the police force and a member of the police force may assist an enforcement officer to take any action authorised by this Part or the Electricity Industry Act 2000. 140 Impersonation of enforcement officer A person must not impersonate an enforcement officer. 100 penalty units. _______________ Pt 11A (Heading and ss inserted by No. 89/1998 s. 22. S. 140A inserted by No. 89/1998 s. 22, amended by No. 40/2003 s. 27. 140A Definition s. 140A In this Part—
s. 141A S. 141A(1) amended by No. 39/2005 s. 48(Sch. 1 item 16). (1) In addition to the powers under section 141, the Director may do anything or give any direction that the Director considers necessary to make an electricity emergency situation safe. (2) A person must comply with a direction under this section that applies to the person. In the case of a natural person, 500 penalty units or 5 years imprisonment or both; In the case of a body corporate, 10 000 penalty units. (3) An offence under subsection (2) is an indictable offence. S. 141A(4) amended by No. 39/2005 s. 48(Sch. 1 items 1, 16). (4) Energy Safe must include in its annual report for a financial year under Part 7 of the Financial Management Act 1994, a statement setting out details of each direction given by the Director under this section during that financial year. S. 141AB inserted by No. 55/2010 s. 33. 141AB Information notices s. 141AB (1) Energy Safe , by written notice, may require a person to give Energy Safe Victoria information in the person's possession or control that Energy Safe Victoria reasonably requires for the purpose of preparing annual reports in relation to the performance of distribution companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10. (2) A notice under subsection (1) must—
modification or transfer of certificates of approval or compliance. S. 153(e)(iv) repealed by No. 59/2008 s. 41(8). * * * * * 154 Equipment efficiency regulations s. 154 The Governor in Council may make regulations for or with respect to— S. 154(a) amended by No. 57/2009 s. 12(1). (a) the standards of energy efficiency and performance required for energy efficiency electrical equipment; S. 154(b) amended by No. 57/2009 s. 12(2). (b) prohibiting or regulating the supply or offer of supply of energy efficiency electrical equipment; S. 154(c) amended by No. 57/2009 s. 12(3). (c) the registration of energy efficiency electrical equipment, including— (i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests); (ii) the granting of registration; (iii) conditions on registration; (iv) the transfer of registration; (v) variation of registration; (vi) the refusal and cancellation of registration; (vii) the renewal and duration of registration; S. 154(c)(viii) amended by No. 57/2009 s. 12(3). (viii) the keeping of registers of energy efficiency electrical equipment and registration holders;
S. 154(d) amended by Nos. 39/2005 s. 48(Sch. 1 item 2), 57/2009 s. 12(4). (d) the testing, marking and labelling of energy efficiency electrical equipment, including the provision of samples of equipment and labels to Energy Safe Victoria for testing and the disposal of those samples; S. 154(e) amended by No. 89/1998 s. 29. (e) reasonable fees and charges to be charged for or for the recovery of reasonable costs for— s. 154 S. 154(e)(i) amended by No. 57/2009 s. 12(5). (i) the testing, examination, marking or labelling of energy efficiency electrical equipment; S. 154(e)(ii) amended by No. 57/2009 s. 12(5). (ii) the preparation of reports about energy efficiency electrical equipment; S. 154(e)(iii) amended by No. 57/2009 s. 12(5). (iii) the registration, renewal of registration, modification of registration or transfer of registration of energy efficiency electrical equipment; S. 154(f) amended by No. 57/2009 s. 12(6). (f) authorising or requiring the giving of public notices in relation to energy efficiency electrical equipment and the recovery of costs associated with those notices. S. 155 amended by No. 59/2011 s. 22. 155 Cathodic protection and stray current corrosion regulations s. 155 The Governor in Council may make regulations for or with respect to— (a) standards and requirements for the design, installation and operation of cathodic
(d) forms for the purposes of this Act or the regulations; S. 157(1)(e) repealed by No. 24/2002 s. 8. * * * * * s. 157 (f) the keeping of records; (g) the conducting of tests; (h) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. (2) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; S. 157(2)(aa) inserted by No. 89/1998 s. 30(2). (aa) so as to apply generally or to be of limited application and may differ according to differences in circumstances; (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body; (c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
Amendment Act 2007)—an electricity safety management scheme accepted by Energy Safe Victoria under section 115; s. 165 (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. S. 165 repealed by No. 24/2002 s. 10, new s. 165 inserted by No. 57/2009 s. 43. 165 Savings provision—proclaimed electrical equipment On the day section 7 of the Energy and Resources Legislation Amendment Act 2009 comes into operation, electrical equipment that was proclaimed electrical equipment immediately before the repeal of section 67 by section 6 of that Act is taken to be energy efficiency electrical equipment for the purposes of Part 5. S. 166 repealed by No. 24/2002 s. 10, new s. 166 inserted by No. 59/2011 s. 23. 166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 (1) In this section— commencement day means the day on which section 18 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation. (2) In any proceeding commenced on or after the commencement day, section 130(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 129 before that commencement day.
Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013 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 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 16) on 1.12.13: s. 2(1) : This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Safety Amendment (Bushfire Mitigation) Act 2014, No. 2/2014 Assent Date: 11.2.14 Commencement Date: Ss 4–11, 12(1), 13, 14 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1 : This information relates only to the provision/s amending the Electricity Safety Act 1998 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.