3 Definitions s. 3 In this Act— S. 3 def. of accepted bushfire mitigation plan inserted by No. 55/2010 s. 13(3). accepted bushfire mitigation plan means— (a) a bushfire mitigation plan accepted by Energy Safe Victoria under Subdivision 3 of Division 1A of Part 8 and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Subdivision; or (b) a bushfire mitigation plan accepted by Energy Safe Victoria under Division 2A of Part 10 (and taken to form part of an accepted ESMS by operation of section 113D) and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Division; S. 3 def. of accepted electricity safety management scheme amended by No. 89/1998 s. 6(b), repealed by No. 61/2007 s. 4(3). * * * * * S. 3 def. of accepted electricity safety manager inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3). * * * * *
S. 3 def. of Committee repealed by No. 55/2010 s. 37(1)(a). * * * * * connect, in relation to an electrical installation or electrical equipment, includes make capable of receiving an electric current; S. 3 def. of decision inserted by No. 24/2002 s. 3. decision for the purposes of Part 6 includes prohibition, requirement or direction; S. 3 def. of Director inserted by No. 39/2005 s. 44(1). Director means the Director of Energy Safety appointed under the Energy Safe Victoria Act 2005; S. 3 def. of distribution area amended by Nos 69/2000 s. 21(a), 55/2010 s. 13(1). distribution area means an area in which a distribution company under a distribution licence under the Electricity Industry Act 2000 is authorised to distribute electricity; s. 3 S. 3 def. of distribution company amended by No. 69/2000 s. 21(b). distribution company has the same meaning as in the Electricity Industry Act 2000; electric line means— (a) the whole or any part of a wire, cable or other thing used or to be used for the purpose of transmitting, distributing or supplying electricity; or (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;
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). 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 No. 40/2003 s. 26. 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 04 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 (d) provided with street lighting installed at not less than 3 lanterns in every 500 metres— and includes any other area for the time being specified in a notice under section 79 but does not include an area to which a fire control authority has for the time being assigned a fire hazard rating of "high" under section 80. S. 3 def. of voluntary ESMS operator inserted by No. 61/2007 s. 4(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.
14 days after that suspension, cancellation, surrender or expiry. 10 penalty units. S. 45B(10) amended by No. 39/2005 s. 48(Sch. 1 item 1). (10) Energy Safe must refund to an electrical contractor or electrical installation worker the amount paid under this section by the contractor or worker for any forms returned under subsection (9). S. 45B(11) amended by No. 39/2005 s. 48(Sch. 1 item 2). (11) If, on the application of a registered electrical contractor, a licensed electrical installation worker or a prescribed person, Energy Safe Victoria is satisfied that a certificate of electrical safety form supplied to the contractor, worker or person under this section is lost or damaged or destroyed, Energy Safe Victoria must provide the contractor, worker or person with a replacement form at no charge. (12) In this section the authorised amount is— s. 45B (a) $20 (or any other amount specified by the regulations) for a certificate of electrical safety form relating to prescribed electrical installation work; or (b) $500 (or any other amount specified by the regulations) for a periodic certificate of electrical safety form; or (c) $5 (or any other amount specified by the regulations) for any other certificate of electrical safety form. (13) In this section prescribed person means a person in a class of persons prescribed for the purposes of section 41A(b). Division 4—Installation of electric lines on public land 46 Regulation of installation s. 46
(vi) a municipal council for the purposes of its functions or powers under any Act; or S. 46(1)(a)(vii) amended by No. 39/2005 s. 48(Sch. 1 item 2). (vii) Energy Safe , for the purposes of its functions or powers under any Act; or (b) the electric line is installed for the purpose of conveying electricity supplied by a person referred to in paragraph (a)(i) or (ii) from a common metering point or distribution point to lots on a plan of subdivision under the Subdivision Act 1988 or to parts of any premises which are separately occupied; or (c) the installation of the electric line is the subject of an exemption under this Division. In the case of a natural person, 300 penalty units; s. 46 In the case of a body corporate, 1500 penalty units. S. 46(2) repealed by No. 69/2000 s. 24(2). * * * * * S. 46(3) amended by No. 89/1998 s. 12. (3) The owner of an electric line installed in contravention of this section must ensure that the electric line is not at any time connected to a supply network. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (4) A person must not knowingly use an electric line installed in contravention of this section.
(ii) to render safe the use of that equipment or equipment of that class. S. 65(2) amended by Nos 38/2000 s. 24(d), 39/2005 s. 48(Sch. 1 item 1). (2) Energy Safe , by notice in writing served on a person whose business is or includes the supply of electrical equipment and who has supplied the electrical equipment or other equipment of the same class, may require the person to take, within the period specified in the notice, the action specified in the notice. (3) The action specified in the notice may consist of or include— s. 65 (a) sending a written request to the person to whom the electrical equipment, or equipment of the same class, was supplied to return the equipment to the place at which it was supplied; S. 65(3)(b) amended by No. 39/2005 s. 48(Sch. 1 item 6). (b) placing an advertisement requesting all persons to whom electrical equipment of that class was supplied to return the equipment to the place at which it was supplied; (c) making the equipment or equipment of that class safe to use or rendering safe the use of that equipment in the manner specified in the notice. S. 65(3A) inserted by No. 39/2005 s. 48(Sch. 1 item 7). (3A) An advertisement referred to in subsection (3)(b) must be— (a) in a form approved by Energy Safe Victoria; and (b) placed in a newspaper or newspapers— (i) specified by Energy Safe Victoria; and (ii) for a period or periods specified by Energy Safe Victoria.
A person must not contravene or fail to comply with a prescribed provision of the Code. In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Pt 8 Div. 4 (Heading and ss 90A–90C) inserted by No. 55/2010 s. 20. Division 4—Compliance audits in relation to compliance with the Code S. 90A inserted by No. 55/2010 s. 20. 90A Application (1) This Division applies to a responsible person who has prepared a management plan relating to compliance with the Code that has been approved by Energy Safe Victoria under the regulations. (2) In subsection (1) responsible person means a person referred to in section 84(4), (5), (6) or (7). S. 90B inserted by No. 55/2010 s. 20. 90B Compliance audits for management audits (1) Energy Safe may require a responsible person— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the management plan; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The responsible person 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 responsible
S. 95(1) amended by No. 39/2005 s. 48(Sch. 1 item 2). (1) If, in the opinion of Energy Safe Victoria, a system is required to be installed to mitigate the effects of stray current corrosion, Energy Safe Victoria may, by notice in writing, direct any person whose assets are the cause of or are affected by the stray current corrosion to take action to install, operate and maintain a mitigation system in the manner specified in the direction and in accordance with the regulations. A person to whom a notice is given under this section must comply with the directions in the notice. In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. S. 96 (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 8). 96 Directions of Energy Safe S. 96(1) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2). s. 96 (1) Energy Safe Victoria from time to time by notice in writing may require a person who is the operator of a cathodic protection system or mitigation system to carry out such tests of the system and such modifications to or replacement of the system as Energy Safe Victoria directs. (2) A person to whom a notice is given under this section must comply with the directions in the notice.
(d) the major electricity company proposes to make a significant change to the accepted ESMS. S. 108 substituted by No. 61/2007 s. 7. 108 Revision of electricity safety management 5 years s. 108 A major electricity company must submit a revised electricity safety management scheme to Energy Safe Victoria at the end of each period of 5 years commencing on the later of— (a) the date when the accepted ESMS is first accepted; or (b) the date of the most recent acceptance of a revision of the accepted ESMS submitted under this Division. In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units. S. 109 substituted by No. 61/2007 s. 7. 109 Energy Safe may request submission of a revised electricity safety management scheme (1) Energy Safe may at any time request a major electricity company to submit a revised electricity safety management scheme for a supply network of the major electricity company. (2) The request must— (a) be in writing; and (b) set out— (i) the matters to be addressed by the required revision; and (ii) the proposed date of effect of the revision; and (iii) the grounds for the request.
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. * * * * * S. 113 substituted by No. 61/2007 s. 7. 113 Compliance with electricity safety management scheme is a defence It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied
(1) An enforcement officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of— (a) investigating a serious electrical incident; or (b) investigating an emergency where there is a threat to the safety of persons or property arising from a situation relating to electricity; or S. 134(1)(c) amended by No. 69/2000 s. 31. (c) determining compliance with an electricity safety management scheme; or (d) determining compliance with this Act or the regulations. S. 134(2) amended by No. 39/2005 s. 48(Sch. 1 item 2). (2) An enforcement officer must obtain the prior written consent of Energy Safe Victoria before each exercise of a power under this section for the purpose of determining compliance with this Act or the regulations. (3) An enforcement officer may require a person to give information to the enforcement officer, to produce documents to the enforcement officer and to give reasonable assistance to the enforcement officer. (4) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (3). 200 penalty units. 135 Offence to give false information to enforcement officer s. 135 A person must not—
has reason to believe has committed a prescribed offence. S. 140B(2) substituted by No. 32/2006 s. 94(Sch. item 14(1)). (2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006. S. 140C inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)). * * * * * S. 140D inserted by No. 89/1998 s. 22. 140D Infringement penalties The infringement penalty for an offence against a provision of this Act or the regulations is of the maximum monetary penalty fixed by that provision. Ss 140E–140J inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)). * * * * * s. 140D _______________ Division 1—Directions S. 141 (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 15). 141 Director may give directions
(a) standards of design, construction and maintenance of private electric lines; (b) the manner in which a distribution company or transmission company may exercise its powers under section 85(b) and (c); (c) the Code of Practice for Electric Line Clearance setting out— (i) the duties of responsible persons; (ii) the standards and practices to be adopted and observed in tree pruning or clearing in the vicinity of electric lines; (iii) management procedures to minimise danger of electric lines causing fire or electrocution; (iv) any other matters for or with respect to the maintenance of electric lines; 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;
(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.