S. 3 def. of certificate of compliance inserted by No. 61/2007 s. 13(1). certificate of compliance means a certificate of compliance completed under section 44 for electrical installation work carried out by a licensed electrical installation worker; S. 3 def. of certificate of inspection inserted by No. 61/2007 s. 13(1). certificate of inspection means a certificate of inspection of electrical installation work carried out by a licensed electrical inspector under section 45; Code means the Code of Practice for Electric Line Clearance prescribed for the purpose of Part 8; S. 3 new def. of Committee inserted by No. 55/2010 s. 37(1)(b), amended by No. 46/2014 s. 8. s. 3 Committee means— * * * * * (b) in Part 8, the Electric Line Clearance Consultative Committee; (c) in Part 9, the Victorian Electrolysis Committee; company assets means property of an electricity supplier, being the whole or part of any pole, cable, conduit, conductor, device, appliance or other thing used for or in connection with a private electric line; S. 3 def. of complex electrical installation inserted by No. 57/2009 s. 4(a). complex electrical installation means an electrical installation that— (a) has an installed generation capacity of equal to or greater than 1000 kVA; or (b) is an electric line that is on land that is not owned or leased by the owner or operator of the electric line;
(b) any thing enclosing or supporting such a wire, cable or other thing— but does not include a wire, cable or other thing directly used in converting electrical energy into another form of energy; electrical connection work means connecting or disconnecting electrical equipment to or from a supply of electricity; s. 3 electrical contracting means contracting or undertaking to carry out electrical installation work; electrical contractor means a person who carries out electrical contracting; electrical equipment means any appliance, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to generate, use, convey or control) electricity; electrical equipment work means repair, alteration or maintenance of electrical equipment; electrical inspection work means testing, inspection or certification of electrical equipment; S. 3 def. of electrical installation amended by No. 57/2009 s. 4(b). electrical installation means electrical equipment that is fixed or to be fixed in, on, under or over any land but does not include a supply network that is owned or operated by a major electricity company; electrical installation work means installation, alteration, repair or maintenance of an electrical installation;
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
(d) to protect underground and underwater structures from corrosion caused by stray electrical currents; (e) to maintain public and industry awareness of electrical safety requirements. S. 7 substituted by No. 39/2005 s. 45. 7 Functions of Energy Safe s. 7 The functions of Energy Safe Victoria under this Act are— (a) to determine minimum safety standards for electrical equipment, electrical installations and electrical work; (b) to encourage and monitor the use of electricity safety management schemes; (c) to inspect and test electrical equipment, electrical installations and electrical work for compliance with the specified safety standards; (d) to administer the prescribed minimum standards for energy efficiency of electrical equipment; (e) to inspect and test electrical equipment for compliance with the specified minimum standards for energy efficiency; (f) to investigate events or incidents which have implications for electricity safety; S. 7(fa) inserted by No. 55/2010 s. 14(2). (fa) to regulate, monitor and enforce the prevention and mitigation of bushfires that arise out of incidents involving electric lines or electrical installations; (g) to provide advisory and consultative services in relation to electricity safety and electrical
(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
this Part and approve the equipment subject to those modifications being made. S. 60(2) amended by No. 38/2000 s. 18(c). (2) A person to whom a notice is given under subsection (1) must not supply or offer to supply the prescribed electrical equipment unless it is modified in accordance with the requirement. In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 61 substituted by No. 39/2005 s. 48(Sch. 1 item 5). 61 Approval of samples The approval by Energy Safe Victoria of prescribed electrical equipment may be made by the approval of samples or specifications of the electrical equipment or by any other means which it considers appropriate. 62 Withdrawal of approval S. 62(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). s. 62 (1) Energy Safe Victoria may, by notice in writing given to the person to whom the approval was given, at any time withdraw any approval given under this Part. S. 62(2) amended by No. 39/2005 s. 48(Sch. 1 item 1). (2) Energy Safe must state the reasons for the withdrawal of approval. S. 62(3) amended by No. 39/2005 s. 48(Sch. 1 item 1). (3) Energy Safe must publish a notice of the withdrawal of an approval in the Government Gazette and in a newspaper circulating generally in the State. 63 Prohibition of supply of electrical equipment
In the case of a natural person, 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units. _______________ S. 67 repealed by No. 57/2009 s. 6. * * * * * S. 68 amended by No. 38/2000 s. 18(d), substituted by No. 57/2009 s. 7. 68 Prescribed electrical equipment not to be supplied unless registered and labelled s. 68 (1) A person must not supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment. 50 penalty units. (2) A person must not offer to supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment. 50 penalty units. S. 68A inserted by No. 57/2009 s. 7. 68A Exemptions from energy efficiency (1) Energy Safe , on the application of a supplier of energy efficiency electrical equipment, or on its own initiative, may exempt that equipment for the purposes of section 68. (2) An exemption must be published in the Government Gazette.
S. 69(7) repealed by No. 61/2007 s. 15(3). * * * * * Ss 70–74 repealed by No. 24/2002 s. 4. * * * * * s. 69 _______________ Pt 7 (Heading) inserted by No. 57/2009 s. 9. S. 75 amended by No. 61/2007 s. 12(3), substituted by No. 57/2009 s. 10. 75 General duties of owners or operators of complex electrical installations and railways s. 75 (1) An owner or operator of a complex electrical installation must take reasonable care to ensure that all parts of the complex electrical installation that it owns or operates— (a) are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and (b) are safe and operated safely. 1500 penalty units. (2) An owner or operator of a railway must take reasonable care to ensure that all parts of the supply network of the railway that it owns or operates— (a) are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and (b) are safe and operated safely. 1500 penalty units.
(2) A direction under subsection (1) must be reasonable. (3) In this section, specified person means the owner or occupier of land in the area of an electric line or the relevant distribution company or relevant transmission company that owns or operates the electric line. (4) A specified person must comply with a direction under subsection (1) that applies to the specified person. In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Pt 8 Div. 2A (Heading and s. 86B) inserted by No. 55/2010 s. 19. Division 2A—Electric lines and municipal fire prevention plans S. 86B inserted by No. 55/2010 s. 19, amended by No. 2/2014 s. 9. 86B Municipal fire prevention plans must specify procedures for the identification of trees that are hazardous to electric lines s. 86B Without limiting section 55A of the Country Fire Authority Act 1958, a Council must, in a municipal fire prevention plan required to be prepared and maintained under that section, specify— (a) procedures and criteria for the identification of trees that are likely to fall onto, or come into contact with, an electric line (hazard trees); and (b) procedures for the notification of responsible persons of trees that are hazard trees in relation to electric lines for which they are responsible.
In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 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
(b) with any other alterations or modifications that are necessary. S. 117 substituted by No. 61/2007 s. 7 (as amended by No. 25/2008 s. 20(a)). 117 Exemption from certain provisions of Act or regulations s. 117 (1) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 114, Energy Safe Victoria may exempt any person authorised under the accepted ESMS to carry out a class or type of electrical work from compliance with any of the regulations relating to the carrying out of that class or type of electrical work or from compliance with section 44(2), 45(1), (2) or (3) or 45A. (2) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 115, Energy Safe Victoria may exempt a person carrying out a specified class or type of electrical work on the specified premises to which the accepted ESMS applies from compliance with any of the regulations relating to the carrying out of that class or type of work or from compliance with section 44(2), 45(1), (2) or (3) or 45A. S. 117(2A) inserted by No. 59/2011 s. 16. (2A) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 116, Energy Safe Victoria may exempt an owner of a complex electrical installation to which the accepted ESMS applies from compliance with any of the regulations relating to the operation, maintenance and decommissioning of the complex electrical installation or from compliance with section 44(2), 45(1), (2) or (3) or 45A. (3) If Energy Safe accepts an electricity safety management scheme submitted under this Division, Energy Safe Victoria may exempt the person from compliance with any of the regulations relating to the installation and
S. 151(d) inserted by No. 89/1998 s. 26, amended by Nos 39/2005 s. 48(Sch. 1 item 2), 55/2010 s. 35(1). (d) requiring responsible persons to prepare and submit to Energy Safe Victoria for approval management plans relating to compliance with the Code and requiring compliance with an approved management plan; s. 151 S. 151(e) inserted by No. 55/2010 s. 35(2). (e) the standards and practices to be adopted and observed in relation to— (i) tree planting, pruning or clearing in the immediate area around electric lines; (ii) species of tree or classes of tree that may remain or be planted in the immediate area around electric lines; (iii) species of tree or classes of tree that must be cleared from the immediate area around electric lines; (iv) the management of trees in the immediate area around electric lines. S. 151A inserted by No. 55/2010 s. 36. 151A Bushfire mitigation The Governor in Council may make regulations for or with respect to— (a) the prevention of bushfires arising from electric lines or electrical installations; (b) the protection of electric lines or electrical installations from the effects of bushfires; (c) the inspection of electric lines or electrical installations for the purpose of the prevention of bushfires arising from such lines or installations; (d) the training of persons conducting inspections of the kind referred to in paragraph (c);
(e) the auditing of the training and performance of persons conducting inspections of the kind referred to in paragraph (c). 152 Installation safety s. 151A The Governor in Council may make regulations for or with respect to— (a) safety standards for the design, construction, operation, alteration, repair, maintenance and dismantling of electrical installations; (b) prohibiting or regulating the construction of electrical installations; (c) the methods to be followed in carrying out electrical installation work in or in relation to electrical installations; (d) safety standards in relation to the connection of electrical equipment or apparatus to electrical installations; (e) safety standards in relation to the connection of electrical installations to an electricity supply; (f) inspections of electrical installations; (g) testing of electrical installations and electrical installation work; (h) the certification of electrical installation work; S. 152(ha) inserted by No. 89/1998 s. 27, amended by No. 39/2005 s. 48(Sch. 1 item 2). (ha) the notification (including electronic notification) to be given to Energy Safe Victoria of completion of certificates of compliance under section 44 or certificates of inspection under section 45 or any classes of those certificates;
S. 152(i) amended by No. 39/2005 s. 48(Sch. 1 item 2). (i) reasonable fees to be charged by Energy Safe Victoria for the inspection and testing of electrical installations and electrical installation work; (j) reasonable fees to be charged for the certification of electrical installation work. 153 Equipment safety The Governor in Council may make regulations for or with respect to— (a) standards of safety for electrical equipment; S. 153(b) amended by Nos 89/1998 s. 28(1), 39/2005 s. 48(Sch. 1 item 2). (b) the examination, inspection and testing of electrical equipment, including the provision of samples of equipment to Energy Safe Victoria for testing and the disposal of those samples; s. 153 S. 153(c) amended by No. 59/2008 s. 41(3). (c) the approval of prescribed electrical equipment and the certification of compliance of electrical equipment including— S. 153(c)(i) amended by No. 59/2008 s. 41(4). (i) applications for certificates of approval or compliance and the information to accompany the applications; S. 153(c)(ii) amended by No. 59/2008 s. 41(4). (ii) the issuing of certificates of approval or compliance; S. 153(c)(iii) amended by No. 59/2008 s. 41(4). (iii) conditions on certificates of approval or compliance; S. 153(c)(iv) amended by No. 59/2008 s. 41(4). (iv) the modification of certificates of approval or compliance;