Australian Capital Territory Numbered Acts

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CONSTRUCTION AND ENERGY EFFICIENCY LEGISLATION AMENDMENT ACT 2014 (NO 2) (NO. 10 OF 2014) - SECT 28

Declaration of prescribed articles of electrical equipment
New section 11A (4A) to (4C)

insert

    (4A)     If the construction occupations registrar states a safety standard under subsection (4) by adopting the law of a State, and that law includes a registration, approval or certification requirement, that requirement applies to the safety standard stated by the registrar.

    (4B)     Also, an article of electrical equipment ceases to comply with a safety standard if there is an approved first seller of the article and—

        (a)     the registrar is satisfied that—

              (i)     the approved first seller of the article is insolvent; or

              (ii)     the approved first seller of the article has been refused registration as a first seller or approved applicant, or equivalent registration, under a corresponding law of a State or another Territory; or

              (iii)     the registration of a person as a first seller or approved applicant, or equivalent registration of the person, under the corresponding law of a State or another Territory has been cancelled other than at the request of the person; or

              (iv)     the approved first seller of the article has been convicted of an offence against this part or part 3 as in force immediately before the commencement of this part or of a similar offence against the law of a State or another Territory; or

              (v)     the person has supplied an article of electrical equipment in breach of an undertaking referred to in a determination of compliance; or

        (b)     the approved first seller asks in writing that the registration be cancelled; or

        (c)     the approved first seller—

              (i)     for a body corporate—is dissolved; or

              (ii)     for an individual—dies.

    (4C)     For subsection (4B), a person is taken to be insolvent if—

        (a)     for a body corporate—a resolution for the winding-up of the body has been passed or an application for the winding-up of the body has been filed in a court; or

        (b)     for an individual—the person becomes bankrupt or personally insolvent.



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