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ELECTRICAL SAFETY REGULATION 2013 - REG 194
Hiring electrical equipment
194 Hiring electrical equipment
(1) This section applies to a person (the
"hirer" ) conducting a business or undertaking of hiring out electrical
equipment to other persons.
(2) The hirer must ensure each item of electrical
equipment hired out by the hirer to another person— (a) either— (i) is
inspected and tested by a competent person before each hiring; or
(ii) has a
safety switch that can not be disconnected, deactivated or removed during the
item’s operation; and
(b) is inspected, tested and tagged by a competent
person at least once every 6 months; and
(c) if the item has a safety switch
under paragraph (a) (ii) , the safety switch— (i) is inspected, tested and
tagged by a competent person at least once every 6 months; and
(ii) complies
with AS/NZS 3760 (In-service safety inspection and testing of electrical
equipment) when tested.
(3) However, subsection (2) (b) does not apply if the
item is domestic electrical equipment that is hired for use in a domestic
situation. Example of domestic electrical equipment hired for use in a
domestic situation— refrigerator, television or computer hired for use in a
house, flat or unit
Example of domestic electrical equipment not hired for use in a domestic
situation— refrigerator hired for use in a mechanic’s workshop
(4) For
subsection (2) (a) (i) , if, because of the way in which the item of
electrical equipment is designed, the item can not be tested without
dismantling it, it is sufficient if the hirer ensures the item is tested to
the extent that it can be tested without dismantling it.
(5) If, after
inspecting and testing an item of electrical equipment under subsection (2)
(b) — (a) the competent person decides the item is safe to use, the hirer
must ensure the competent person immediately attaches a durable tag to the
item that shows the day by which the item must be reinspected and retested; or
(b) the competent person decides the item is not safe to use, the hirer must
ensure that— (i) the competent person immediately attaches a durable tag to
the item warning people not to use the item; and
(ii) the item is immediately
withdrawn from use.
(6) The hirer must keep records of the tests performed
under subsection (2) (b) or (c) (i) for at least 5 years.
(7) A person who
contravenes subsection (2) , (5) or (6) commits an offence. Penalty—
Maximum penalty—40 penalty units.
(8) In this section—
"domestic electrical equipment" means computer equipment, browngoods or
whitegoods.
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