Queensland Numbered Acts Queensland Numbered ActsPart 6—
omit, insert—
'This part applies for the purposes of part 2A of the Act.
'In this part—
certificate of conformity means a certificate—
(a) stating that a type of level 3 in-scope electrical equipment complies with the relevant standard for that type; and
(b) issued—
(i) under division 7 or under a recognised external certification scheme; or
(ii) under a corresponding law or a scheme provided for under that law.
date of registration, in relation to—
(a) the registration of a responsible supplier; or
(b) the registration of equipment as a type of level 2 or 3 in-scope electrical equipment;
means the date shown in the national register as the date of registration of the responsible supplier or type.
defining standard means AS/NZS 4417 (Marking of electrical products to indicate compliance with regulations).
false declaration includes an incorrect or misleading declaration.
false information includes incorrect or misleading information.
family, of a type of level 1, 2 or 3 in-scope electrical equipment, means items of the type that—
(a) have the same basic electrical characteristics and material composition but may differ in dimension, colour or other aspects; and
(b) are, having regard to the relevant standard for the type, able to be covered by a single test report.
level 1 in-scope electrical equipment see section 97B(1).
level 2 in-scope electrical equipment see section 97B(2).
level 3 in-scope electrical equipment see section 97B(3).
meets, in relation to a relevant standard, means complies with the safety requirements, electrical or otherwise, of the standard.
RCM means the regulatory compliance mark under the defining standard.
registered see section 97.
registered responsible supplier means a responsible supplier of in-scope electrical equipment who is registered.
relevant person means—
(a) an individual who resides in Queensland; or
(b) a corporation whose—
(i) registered office under the Corporations Law is in Queensland; or
(ii) principal place of business is in Queensland.
relevant responsible supplier means—
(a) if the responsible supplier is an individual—an individual who resides in Queensland; or
(b) if the responsible supplier is a corporation—a corporation whose—
(i) registered office under the Corporations Law is in Queensland; or
(ii) principal place of business is in Queensland.
relevant standard—
(a) for a type of level 1 in-scope electrical equipment, see section 97C; or
(b) for a type of level 2 or 3 in-scope electrical equipment, see section 97D.
second-hand, in relation to an item of a type of in-scope electrical equipment means an item of the type that has previously been sold, other than by wholesale.
test report means a document that presents test results and other information relevant to the test.
'(1) A responsible supplier is registered if the supplier is recorded in the part of the national register that records registered responsible suppliers.
'(2) Electrical equipment is registered as a type of level 2 or 3 in-scope electrical equipment if the equipment is recorded, in relation to a registered responsible supplier, as equipment of that type in the part of the national register that records registered in-scope electrical equipment of that type.
Note—
Level 1 in-scope electrical equipment is not required to be registered under this part.
'(3) In-scope electrical equipment of a particular type is registered in relation to a particular registered responsible supplier if it is registered as mentioned in subsection (2) in relation to the responsible supplier.
'(1) This section applies if an item of a type of in-scope electrical equipment includes 2 or more components of types of in-scope electrical equipment that are permanently attached to the item.
'(2) The components are not separate items of types of in-scope electrical equipment.
Example—
A type of in-scope electrical equipment, being a refrigerator, includes a number of components each of which, taken separately, is itself an item of a type of in-scope electrical equipment. If a refrigerator of the type is sold, the item sold is the refrigerator. There is not a separate sale of each of the components.
'(1) Electrical equipment is level 1 in-scope electrical equipment if it is a type of in-scope electrical equipment that is not classified under the defining standard as level 2 or level 3.
'(2) Electrical equipment is level 2 in-scope electrical equipment if it is a type of in-scope electrical equipment classified as level 2 under the defining standard.
'(3) Electrical equipment is level 3 in-scope electrical equipment if it is a type of in-scope electrical equipment classified as level 3 under the defining standard.
'(4) Also, if a type of in-scope electrical equipment is level 1, 2 or 3 in-scope electrical equipment, each item of the family of the type is also level 1, 2 or 3 in-scope electrical equipment.
'(1) The relevant standard for a type of level 1 in-scope electrical equipment is—
(a) if there is a Standards Australia or joint Standards Australia and Standards New Zealand standard that applies specifically to the type—that standard together with AS/NZS3820 (Essential safety requirements for electrical equipment); or
(b) if there is not a Standards Australia or joint Standards Australia and Standards New Zealand standard that applies specifically to the type and there is an IEC standard that applies specifically to the type—the IEC standard together with AS/NZS3820; or
(c) if neither paragraph (a) nor (b) applies—AS/NZS3820.
'(2) In this section—
IEC standard means an International Electrotechnical Commission standard.
'(1) A standard is a relevant standard for a type of level 2 or 3 in-scope electrical equipment if it is a standard—
(a) shown in the defining standard as the relevant standard for the type, and the standard can be readily applied to the type; or
(b) accepted by the chief executive as a standard that can be readily applied to the type; or
(c) accepted under a corresponding law as a standard that can be readily applied to the type.
'(2) The acceptance of a standard under subsection (1)(b) or (c) has effect subject to compliance with any requirements stated—
(a) for subsection (1)(b)—by the chief executive as part of the chief executive's acceptance of the standard; or
(b) for subsection (1)(c)—as part of the acceptance of the standard under the corresponding law.
'(1) A responsible supplier of in-scope electrical equipment may register as a responsible supplier.
'(2) However, the responsible supplier is not eligible to register—
(a) unless the responsible supplier has an ABN or an IRD; or
(b) if the responsible supplier is ineligible to register under section 103G(2).
'(3) As part of the registration process, the responsible supplier must—
(a) make the responsible supplier's declaration as required by the equipment safety rules; and
(b) pay the registration fee.
'(4) The declaration required by the equipment safety rules must include the information mentioned in schedule 3, part 1.
'(5) A relevant person must not, in registering or purporting to register as a responsible supplier, give false information or make a false declaration.
Maximum penalty—40 penalty units.
'(6) In this section—
ABN (short for 'Australian Business Number') has the meaning given by the A New Tax System (Australian Business Number) Act 1999 (Cwlth), section 41.
IRD means a tax file number within the meaning of the Income Tax Act 2007 (New Zealand), section YA1.
'Registration of a responsible supplier is for the term of 1 year starting on the date of registration unless sooner cancelled.
'A responsible supplier may renew the supplier's registration from time to time by again registering under section 98.
'(1) This section applies if the details of any matter entered by a relevant responsible supplier in the national register relating to the registration of any matter change during the term of registration.
'(2) Within 30 days the relevant responsible supplier must correct the details in the national register.
Maximum penalty—40 penalty units.
'(1) A registered responsible supplier of a type of level 2 in-scope electrical equipment may register the type as level 2 in-scope electrical equipment.
'(2) However, the registered responsible supplier is not eligible to carry out the registration if the responsible supplier is ineligible to do so under section 103G(3).
'(3) Each registration must relate only to a single type of level 2 in-scope electrical equipment.
'(4) As part of the registration process the registered responsible supplier must—
(a) make the responsible supplier's level 2 in-scope electrical equipment declaration under the equipment safety rules; and
(b) if the compliance folder required to be kept in relation to the type of level 2 in-scope electrical equipment under section 108 is not available in the national register, state the address where it is kept; and
(c) pay the registration fee.
'(5) The declaration under the equipment safety rules must include the information mentioned in schedule 3, part 2.
'(6) A relevant person must not, in registering or purporting to register a type of level 2 in-scope electrical equipment, give false information or make a false declaration.
Maximum penalty for subsection (6)—40 penalty units.
'(1) Registration of a type of level 2 in-scope electrical equipment is for the term of 1, 2 or 5 years starting on the date of registration.
'(2) Subsection (1) is subject to the registration being earlier cancelled.
'(3) Subsection (4) applies if the responsible supplier's registration lapses for a period during the term of the electrical equipment's registration.
'(4) The electrical equipment's registration is suspended during that period.
'A registered responsible supplier may renew the registration of a type of level 2 in-scope electrical equipment from time to time by again registering it under section 101.
'(1) A registered responsible supplier of a type of level 3 in-scope electrical equipment may register the type as level 3 in-scope electrical equipment.
'(2) However, the registered responsible supplier is not eligible to carry out the registration if the responsible supplier is ineligible to do so under section 103G(3).
'(3) Each registration must relate only to a single type of level 3 in-scope electrical equipment.
'(4) As part of the registration process the registered responsible supplier must—
(a) identify a certificate of conformity applicable to the type of level 3 in-scope electrical equipment; and
(b) make the responsible supplier's level 3 in-scope electrical equipment declaration under the equipment safety rules; and
(c) pay the registration fee.
'(5) The declaration under the equipment safety rules must include the information mentioned in schedule 3, part 3.
'(6) A relevant person must not, in registering or purporting to register a type of level 3 in-scope electrical equipment, give false information or make a false declaration.
Maximum penalty for subsection (6)—40 penalty units.
'(1) Registration of a type of level 3 in-scope electrical equipment is for the term of 1, 2 or 5 years starting on the date of registration.
'(2) However, the term of registration must not be longer than the term for which the certificate of conformity applying to the type and identified under section 103A(4)(a) is current at the time of registration.
'(3) Subsection (1) is subject to the registration being earlier cancelled.
'(4) Also, if the certificate of conformity is cancelled the term of registration ends.
'(5) Subsection (6) applies if the responsible supplier's registration lapses for a period during the term of the electrical equipment's registration.
'(6) The electrical equipment's registration is suspended during that period.
'A registered responsible supplier may renew the registration of a type of level 3 in-scope electrical equipment from time to time by again registering it under section 103A.
'(1) This section applies if—
(a) an act or omission of a relevant person is an offence against section 98(5), 100A(2), 101(6) or 103A(6) and also under a corresponding law; and
(b) the relevant person is punished for the offence under the corresponding law.
'(2) The relevant person must not be punished for the same offence under this regulation.
'(1) The following are grounds for cancelling a responsible supplier's registration—
(a) the responsible supplier commits an offence against the Act or this regulation;
(b) the responsible supplier contravenes a requirement of a recall order;
(c) the responsible supplier is a relevant responsible supplier and the registration was obtained by giving false information or making a false declaration;
(d) the registration of a type of level 2 or 3 in-scope electrical equipment registered in relation to the responsible supplier is cancelled under section 103G.
'(2) The following are grounds for cancelling the registration in relation to a registered responsible supplier of a type of level 2 or 3 in-scope electrical equipment—
(a) the responsible supplier commits an offence against the Act or this regulation in relation to the type;
(b) the responsible supplier contravenes a requirement of a recall order relating to the type;
(c) the responsible supplier is a relevant responsible supplier and—
(i) electrical equipment of the type does not meet the relevant standard that was the relevant standard for the type at the time the type was registered; or
(ii) the relevant standard for the type changed after the type was registered because of safety concerns relating to the type and the type does not meet the current relevant standard for the type; or
(iii) an item of electrical equipment of the type is, or is likely to be or to become, dangerous in normal use; or
(iv) the registration was obtained by giving false information or making a false declaration.
'(1) This section applies if the chief executive considers a ground exists under section 103E to cancel the registration of a matter.
'(2) The chief executive must, before taking the action, give the responsible supplier written notice—
(a) stating that the chief executive is considering cancelling the registration; and
(b) stating each ground for the proposed cancellation; and
(c) outlining the facts and circumstances forming the basis for each ground; and
(d) inviting the responsible supplier to show, within a stated time of at least 28 days, why the registration should not be cancelled.
'(1) If, after considering all written representations, if any, made by the responsible supplier within the stated time, the chief executive still considers a ground exists to cancel the registration, the chief executive may cancel the registration.
'(2) If a responsible supplier's registration is cancelled under this section, the responsible supplier is not eligible to again register for the period of 12 months starting on the date of cancellation.
'(3) If the registration of a type of level 2 or 3 in-scope electrical equipment registered in relation to a registered responsible supplier is cancelled under this section, the responsible supplier is not eligible to again register the type for the period of 12 months starting on the date of cancellation.
'(4) If the chief executive cancels a registration under this section, the chief executive must—
(a) notify the cancellation—
(i) by publishing notice of the cancellation in a newspaper circulating throughout Australia and, if New Zealand is a participating jurisdiction, in a newspaper circulating throughout New Zealand; and
(ii) by recording notice of the cancellation in the national register; and
(b) give the responsible supplier an information notice for the decision to cancel the registration.
'(5) The information notice must state the period for which the responsible supplier is not eligible to again—
(a) register; or
(b) register the type of level 2 or 3 in-scope electrical equipment.
'The chief executive must, by notice recorded in the national register, cancel the registration of a responsible supplier or the registration in relation to a responsible supplier of a type of level 2 or 3 in-scope electrical equipment if asked to do so by the responsible supplier.
'(1) A responsible supplier of a type of level 1 in-scope electrical equipment must not sell an item of the type unless—
(a) the responsible supplier is a registered responsible supplier; and
(b) the item meets the relevant standard for the type as in force—
(i) if the responsible supplier is a manufacturer of the type—at the time the item was manufactured by the responsible supplier; or
(ii) if the responsible supplier is an importer of the type—at the time the item was imported by the responsible supplier; and
(c) the item is electrically safe.
Maximum penalty—40 penalty units.
'(2) It is a defence for the responsible supplier to prove that the responsible supplier obtained the item from a registered responsible supplier.
Example for subsection (2)—
This example assumes New Zealand is a participating jurisdiction.
A New Zealand responsible supplier (company A) is a registered responsible supplier. Company A imports level 1 in-scope electrical equipment into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 1 in-scope electrical equipment from company A and imports it into Australia. Company B, although a responsible supplier, is not a registered responsible supplier.
If company B were charged with an offence against subsection (1) in relation to its sale of an item of the equipment, it would be a defence for company B to prove that it obtained the item from company A who is a registered responsible supplier.
'(1) A responsible supplier of a type of level 2 or 3 in-scope electrical equipment must not sell an item of the type unless—
(a) the responsible supplier is a registered responsible supplier; and
(b) the type is registered in relation to the responsible supplier; and
(c) the item meets the relevant standard for the type as at the time the type became registered as mentioned in paragraph (b); and
(d) the item is electrically safe.
Maximum penalty—40 penalty units.
'(2) It is a defence for the responsible supplier to prove—
(a) that—
(i) the responsible supplier obtained the item from a registered responsible supplier; and
(ii) the type of in-scope electrical equipment to which the item belongs was, at the time of the alleged offence, registered in relation to the registered responsible supplier; or
(b) that, at the time of the alleged offence—
(i) the responsible supplier was, under the Corporations Act, a related body corporate of a New Zealand registered responsible supplier; and
(ii) the type of in-scope electrical equipment to which the item belongs was registered in relation to the New Zealand registered responsible supplier.
'(3) In this section—
New Zealand registered responsible supplier means a registered responsible supplier that is, under the Companies Act 1993 (New Zealand)—
(a) a company; or
(b) an overseas company carrying on business in New Zealand.
Example for subsection (2)(a)—
This example assumes New Zealand is a participating jurisdiction.
A New Zealand responsible supplier (company A) is a registered responsible supplier and a type of level 2 in-scope electrical equipment is registered in the national register in relation to company A. Company A imports level 2 in-scope electrical equipment of that type into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 2 in-scope electrical equipment from company A and imports it into Australia. Company B, although a responsible supplier, is not a registered responsible supplier.
If company B were charged with an offence against subsection (1) in relation to its sale of an item of the equipment, it would be a defence for company B to prove that it obtained the item from company A who is a registered responsible supplier and that the type of in-scope electrical equipment to which the item belonged was, at the time of the alleged offence, registered in the national register in relation to company A.
'(1) A person must not sell an item of a type of level 1, 2 or 3 in-scope electrical equipment unless the item is marked with the RCM in compliance with the defining standard.
Maximum penalty—20 penalty units.
'(2) A person must not sell an item of a relevant type if—
(a) the item was purchased by the person for the purpose of resale; and
(b) when the person purchased the item, the relevant type was not registered in relation to a registered responsible supplier.
Maximum penalty—20 penalty units.
'(3) Subsection (4) applies in relation to a prosecution of an offence against subsection (2) in which the issue is raised that the person had an honest and reasonable but mistaken belief that the type was registered in relation to a registered responsible supplier based on reasonable monitoring by the person of the national register.
'(4) In deciding whether the monitoring of the national register was reasonable, regard may be had to the nature of the item and the nature of the person's business in relation to the item.
'(5) For subsection (1) it is sufficient if the mark is on the item's labelling or packaging in compliance with the defining standard.
'(6) Subsection (1) or (2) does not apply if—
(a) the person is a responsible supplier of the type of in-scope electrical equipment; or
(b) the item is a second-hand item.
'(7) In this section—
relevant type means a type of level 2 or 3 in-scope electrical equipment that, after the commencement of subsection (2), is manufactured in, or imported into, Australia or, if New Zealand is a participating jurisdiction, New Zealand.
'(1) This section applies if—
(a) a relevant item of a type of level 3 in-scope electrical equipment is sold for use with an item of a type of level 1 or 2 in-scope electrical equipment; and
(b) at the time of sale, there is a current certificate of conformity that applies to the relevant item recorded in the national register.
'(2) For the purpose of the sale, the type of level 3 in-scope electrical equipment is not required to be registered.
'(3) Subsection (2) applies despite any other provision of this part.
'(4) In this section—
relevant item means a plug, flexible supply cord or appliance connector, as defined in the defining standard.
'(1) This section applies to a responsible supplier of a type of level 1 in-scope electrical equipment who sells an item of the type.
'(2) The responsible supplier must, for the prescribed period, keep documentary evidence, in English, proving that items of the type meet the relevant standard for the type as in force—
(a) if the responsible supplier is a manufacturer of the type—at the time the item was manufactured by the responsible supplier; or
(b) if the responsible supplier is an importer of the type—at the time the item was imported by the responsible supplier.
Maximum penalty—40 penalty units.
Note—
It is the responsibility of the responsible supplier to ascertain the relevant standard applying to the type under section 97C.
'(3) It is a defence for the responsible supplier to prove that the responsible supplier obtained the item from a registered responsible supplier.
Example for subsection (3)—
This example assumes New Zealand is a participating jurisdiction.
A New Zealand responsible supplier (company A) is a registered responsible supplier. Company A imports level 1 in-scope electrical equipment into New Zealand from the United Kingdom. Company B is an Australian company that purchases the level 1 in-scope electrical equipment from company A and imports it into Australia. Company B, although a responsible supplier, is not a registered responsible supplier. Also, company B does not keep the evidence mentioned in subsection (2) in relation to items of the type.
If company B were charged with an offence against subsection (1) in relation to its sale of an item of the equipment, it would be a defence for company B to prove that it obtained the item from company A who is a registered responsible supplier.
'(4) In this section—
keep, documentary evidence, means hold the evidence or be able to access it within10 business days.
prescribed period means 5 years starting on the day the type is last manufactured or imported by the responsible supplier.
'(1) This section applies to a registered responsible supplier who sells items of a type of level 2 in-scope electrical equipment registered in relation to the responsible supplier.
'(2) The registered responsible supplier must, for the prescribed period, keep a compliance folder proving that the type meets the relevant standard as in force when the type was registered.
Maximum penalty—40 penalty units.
'(3) A compliance folder is a document recording evidence in English, that must include test reports completed by an approved testing entity or a suitably qualified person, confirming that the type meets the relevant standard mentioned in subsection (2).
'(4) A compliance folder may be kept in electronic form.
'(5) In this section—
keep, a compliance folder, means—
(a) have the folder available in the national register; or
(b) hold the folder or be able to access it within 10 business days.
prescribed period means the term of the registration of the type of level 2 in-scope electrical equipment plus 5 years.
suitably qualified person means an individual who has—
(a) a degree qualification in electrical engineering and at least 2 years experience in the use of electrical equipment safety standards for regulatory purposes; or
(b) an advanced diploma or equivalent qualification in an electrical discipline and at least 3 years experience in the use of electrical equipment safety standards for regulatory purposes; or
(c) a trade qualification in an electrical discipline and at least 4 years experience in the use of electrical equipment safety standards for regulatory purposes.
'(1) This section applies to a registered responsible supplier who sells a type of level 3 in-scope electrical equipment that is registered in relation to the responsible supplier.
'(2) The responsible supplier must keep a current certificate of conformity for the type.
Maximum penalty—40 penalty units.
'(3) In this section—
keep, a current certificate of conformity, means hold the certificate or be able to access it within 10 business days.
'(1) This section applies if—
(a) a type of level 1 or 2 in-scope electrical equipment is reclassified to a higher level; and
(b) immediately before the reclassification happens, a responsible supplier of that type was selling items of the type.
'(2) For the period of 12 months starting on the day the reclassification has effect, divisions 3 and 4 apply to the sale by the responsible supplier of items of that type as if the reclassification had not happened.
'(3) In this section—
reclassified to a higher level—
(a) in relation a type of level 1 in-scope electrical equipment, means that type is classified by the defining standard as level 2 or 3; or
(b) in relation to a type of level 2 in-scope electrical equipment, means that type is reclassified by the defining standard from level 2 to level 3.
'(1) A responsible supplier of a type of level 1, 2 or 3 in-scope electrical equipment must not sell an item of the type unless the item is marked with the RCM in compliance with the defining standard.
Maximum penalty—40 penalty units.
'(2) For subsection (1) it is sufficient if the mark is on the item's labelling or packaging in compliance with the defining standard.
'(1) A person must not mark an item of a type of level 1, 2 or 3 in-scope electrical equipment with the RCM unless the item meets the relevant standard for the type.
Maximum penalty—40 penalty units.
'(2) In this section—
mark, an item of a type of level 1, 2 or 3 in-scope electrical equipment, includes mark the item's labelling or packaging.
'(1) The chief executive may approve a mark other than the RCM for use in exceptional circumstances.
'(2) A person does not commit an offence under section 106(1) or 111 in relation to the sale of an item of a type of in-scope electrical equipment if the item is marked as required by the approval given under subsection (1).
'(3) Also, a person does not commit an offence under section 106(1) or 111 in relation to the sale of an item of a type of in-scope electrical equipment if—
(a) the item is marked with a mark, other than the RCM, approved under a corresponding law for use in exceptional circumstances; and
(b) the item is marked as required by that approval.
'(1) A person may apply to the chief executive for a certificate of conformity for a type of level 3 in-scope electrical equipment.
'(2) The application must be—
(a) in the approved form; and
(b) accompanied by—
(i) a test report from an approved testing entity; and
(ii) an item of the type or colour images showing the internal and external construction of an item of the type; and
(iii) technical documentation which adequately describes the type; and
(c) accompanied by the fee for the application.
'(3) The chief executive may require the applicant to provide—
(a) an item of the type if colour images provided are not adequate; or
(b) additional information about the type.
'(4) The chief executive may exempt the applicant from the requirement to provide any of the items referred to in subsection (2)(b) if—
(a) the chief executive has previously issued a certificate of conformity to another person in relation to the type; or
(b) in the circumstances the chief executive is of the reasonable opinion that it is not necessary for any of those items to be provided.
'(1) If the chief executive approves the application, the chief executive may issue a certificate of conformity for the type of level 3 in-scope electrical equipment.
'(2) If the chief executive refuses to approve the application, the chief executive must give the applicant an information notice for the decision to refuse.
'Unless it is cancelled earlier, a certificate of conformity issued under this division remains in force for the period stated in the certificate, which must not be more than 5 years.
'(1) This section applies if the holder of a certificate of conformity for a type of level 3 in-scope electrical equipment issued under this division proposes to vary the brand name or model designation that is specified on the certificate in relation to the type.
'(2) The holder may apply to the chief executive for modification of the certificate.
'(3) The application must be—
(a) in the approved form; and
(b) accompanied by the fee for the application.
'(4) The chief executive may require the applicant to provide—
(a) an item of the type or colour images showing the internal and external construction of an item of the type; or
(b) documentation that adequately describes the proposed variation.
'(5) The chief executive may modify a certificate of conformity and issue a modified certificate if satisfied that the variation does not affect the compliance of the type with the relevant standard to which the type was tested.
'(6) If the chief executive refuses to modify the certificate, the chief executive must give the applicant an information notice for the decision to refuse.
'(1) This section applies if the holder of a certificate of conformity for a type of level 3 in-scope electrical equipment issued under this division proposes to make any modification to the equipment (other than a modification described in section 116A) that would not result in the creation of a new type of equipment.
'(2) The holder may apply to the chief executive for the modification of the certificate.
'(3) The application must be—
(a) in the approved form; and
(b) accompanied by—
(i) a test report relating to the modified in-scope electrical equipment from an approved testing entity; and
(ii) an item of the type or colour images showing the internal and external construction of an item of the type; and
(iii) technical documentation which adequately describes the modified in-scope electrical equipment; and
(c) accompanied by the fee for the application.
'(4) The chief executive may require the applicant to provide—
(a) an item of the type if colour images provided are not adequate; or
(b) additional information about the modified electrical equipment.
'(5) The chief executive may exempt the applicant from the requirement to provide a test report under subsection (3)(b)(i) if the chief executive is satisfied that the modification will not affect the safety of the type.
'(6) The chief executive may waive or rebate the payment of the fee for the modification of the certificate if the chief executive, under subsection (5), exempts the applicant from the requirement to provide a test report.
'(7) The chief executive may modify a certificate of conformity and issue a modified certificate if satisfied that the modification to the type would not result in the creation of a new type of in-scope electrical equipment.
'(8) If the chief executive refuses to modify the certificate, the chief executive must give the applicant an information notice for the decision to refuse.
'(1) A person who holds a certificate of conformity issued under this division may apply to the chief executive for renewal of the certificate and the issue of a new certificate.
'(2) The application must be—
(a) in the approved form; and
(b) accompanied by a declaration by the applicant or a person authorised by the applicant stating whether or not—
(i) the type of level 3 in-scope electrical equipment to which the current certificate relates has been modified since the certificate was issued or modified; and
(ii) the relevant standard to which the type was tested has changed since the current certificate was issued or modified; and
(c) accompanied by the fee for the application.
'(3) The chief executive may renew the certificate and issue a new certificate of conformity if satisfied that—
(a) the type of level 3 in-scope electrical equipment has not been modified; and
(b) the relevant standard to which that type was tested has not changed since the current certificate was issued or the certificate relating to that type was modified.
'(4) If the chief executive refuses to renew the certificate, the chief executive must give the applicant an information notice for the decision to refuse.
'(1) The holder of a certificate of conformity issued under this division who proposes to transfer the certificate to another person may apply to the chief executive to have the certificate amended to refer to the name of the person to whom the certificate is to be transferred (the transferee).
'(2) The application must be—
(a) in the approved form; and
(b) accompanied by—
(i) the certificate to be transferred; and
(ii) a statement, signed by the transferee, that the transferee consents to the transfer; and
(iii) the fee for the application.
'(3) The chief executive may issue a certificate of conformity to the transferee as mentioned in subsection (1) if the requirements of subsection (2) are complied with.
'(4) If the chief executive refuses to grant the application, the chief executive must give the applicant an information notice for the decision to refuse.
'The following are grounds for cancelling a certificate of conformity for a type of level 3 in-scope electrical equipment issued under this division—
(a) an item of the type does not meet the relevant standard for the type;
(b) an item of the type is, or is likely to be or to become, dangerous in normal use;
(c) the certificate was obtained by misleading information;
(d) an item of the type, or purportedly of the type, is found, on examination by the chief executive, to be substantially different from the type as described in—
(i) the certificate; or
(ii) a test report forming the basis for the issuing of the certificate;
(e) the holder of the certificate contravenes the Act or this regulation.
'(1) If the chief executive considers a ground exists to cancel the certificate of conformity for a type of level 3 in-scope electrical equipment under section 116E, the chief executive must, before taking the action, give the holder of the certificate written notice—
(a) stating that the chief executive is considering cancelling the certificate; and
(b) stating each ground for the proposed cancellation; and
(c) outlining the facts and circumstances forming the basis for each ground; and
(d) inviting the holder to show, within a stated time of at least 28 days, why the certificate should not be cancelled.
'(2) If, after considering all written representations made by the holder of the certificate within the stated time, the chief executive still considers a ground exists to cancel the certificate, the chief executive may cancel the certificate.
'(3) If the chief executive cancels the certificate, the chief executive must—
(a) give the holder of the certificate an information notice for the decision to cancel; and
(b) notify the cancellation by gazette notice stating the day of cancellation.
'The chief executive must cancel a certificate of conformity for a type of level 3 in-scope electrical equipment issued under this division if the holder of the certificate asks for the cancellation.
'Within 14 days of receiving notice of cancellation of a certificate of conformity, the holder of the certificate must give the chief executive the certificate of conformity unless the holder has a reasonable excuse.
Maximum penalty—10 penalty units.
'(1) The chief executive must ensure that, for each certificate of conformity issued under this division, or for each modification, renewal or transfer of a certificate of conformity under this division, the information required by the equipment safety rules is recorded in the national register.
'(2) The chief executive must also ensure particulars of the cancellation of a certificate of conformity under this division are recorded in the national register.
'In this division—
declaration holder means the person who conducts a declared scheme under a declaration made by the chief executive under section 48J of the Act.
declared scheme means a scheme declared to be a recognised external certification scheme under section 48J of the Act.
'(1) A person who conducts a scheme for the certification of types of in-scope electrical equipment may apply to the chief executive for the scheme to be declared to be a recognised external certification scheme under section 48J of the Act.
'(2) The application must be—
(a) in the approved form; and
(b) accompanied by—
(i) the fee for the application; and
(ii) evidence that the applicant is—
(A) accredited by the Joint Accreditation System of Australia and New Zealand as competent to certify that types of in-scope electrical equipment meet relevant standards; or
(B) appropriately designated, under a mutual recognition arrangement or a free trade agreement to which Australia is a party, as competent to certify that types of in-scope electrical equipment meet relevant standards; and
(iii) the applicant's written agreement that when certifying types of level 3 in-scope electrical equipment the applicant will do so under the equipment safety rules; and
(iv) the other documents and information required by the chief executive.
'(1) This section applies if the chief executive is intending to grant the application.
'(2) Before finally deciding the application, the chief executive must publish a notice indicating the chief executive's intention to declare the scheme to be a recognised external certification scheme.
'(3) The notice must state a period of at least 14 days during which written submissions may be made to the chief executive about the proposed declaration (the submission period).
'(4) The notice must be published in—
(a) a newspaper circulating generally in the State; or
(b) if the types of in-scope electrical equipment concerned would typically be sold only to a particular section of the public—a newspaper or other publication circulating generally to that section of the public; or
(c) if the types of in-scope electrical equipment concerned would typically be sold only in a particular part of the State—a newspaper or other publication circulating generally in that part.
'(5) During the submission period, a person may make a written submission to the chief executive about the proposed declaration.
'(6) Before finally deciding the application, the chief executive must consider all submissions received under subsection (5).
'(1) The chief executive may decide to grant or refuse to grant the application.
Note—
If the chief executive grants the application, the chief executive may, under section 48J of the Act, declare the scheme to be a recognised external certification scheme.
'(2) If the chief executive refuses to grant the application, or grants the application and imposes conditions on the declared scheme, the chief executive must give the applicant an information notice for the decision to refuse or to impose conditions.
'The term of a declared scheme is the period of not more than 5 years stated in the chief executive's declaration of the scheme.
'(1) The chief executive may impose conditions on a declared scheme.
'(2) Without limiting subsection (1), a condition may restrict the types of in-scope electrical equipment that may be certified under the scheme.
'(3) Conditions applying to a declared scheme under this section when the scheme is declared under section 48J of the Act must be stated in the declaration.
'It is a condition of each declared scheme that the declaration holder must—
(a) pay the annual fee for the declaration by each anniversary of the scheme's declaration; and
(b) for each certificate of conformity issued by the declaration holder, or for each modification, renewal or transfer of a certificate of conformity approved by the declaration holder, record the information required by the equipment safety rules in the national register within 3 business days of issuing the certificate or granting the approval; and
(c) for each certificate of conformity cancelled by the declaration holder, record information about the cancellation in the national register within 3 business days of cancelling the certificate.
'(1) The chief executive may amend the conditions imposed on a declared scheme by the chief executive by revoking or varying the conditions or imposing new conditions.
'(2) The chief executive may act under subsection (1) on the chief executive's own initiative or at the request of the declaration holder.
'(3) The revocation of conditions, or the amendment of conditions at the request of the declaration holder, has effect when written notice of the amendment is given to the declaration holder.
'(4) If the chief executive refuses to amend the conditions as requested by the declaration holder, the chief executive must give the declaration holder an information notice for the decision to refuse.
'(1) Subject to section 119G, the chief executive must not act, to amend the conditions by varying them or imposing new conditions, on the chief executive's own initiative without first giving the declaration holder a notice—
(a) stating details of the proposed amendment; and
(b) inviting the declaration holder to make written submissions about the proposal within a stated time of at least 7 days.
'(2) The chief executive must consider all submissions received from the declaration holder under subsection (1)(b).
'(3) If, after considering the submissions, if any, the chief executive is of the opinion that the conditions of the declared scheme should be amended as mentioned in subsection (1)(a), the chief executive may amend the conditions by written notice given to the declaration holder.
'(4) The amendment has effect when the notice is given to the declaration holder.
'(5) If the chief executive amends the conditions, the chief executive must give the declaration holder an information notice for the decision to amend.
'(1) This section applies if the chief executive considers that a type of level 1, 2 or 3 in-scope electrical equipment certified by a declaration holder is placing, or will place, persons or property at electrical risk.
'(2) The chief executive may amend the conditions applying to the declared scheme, other than the condition imposed under section 119D, by written notice given to the declaration holder.
'(3) The amendment has effect when the notice is given to the declaration holder.
'(4) If the chief executive amends the conditions, the chief executive must give the declaration holder an information notice for the decision to amend.
'The following are grounds for cancelling the declaration of a declared scheme—
(a) the declaration holder contravened a condition of the declared scheme;
(b) the declaration of the scheme was obtained by giving false information.
'(1) If the chief executive considers a ground exists to cancel the declaration of a declared scheme under section 119H, the chief executive must, before taking the action, give the declaration holder written notice—
(a) stating that the chief executive is considering cancelling the declaration; and
(b) stating each ground for the proposed cancellation; and
(c) outlining the facts and circumstances forming the basis for each ground; and
(d) inviting the declaration holder to make written submissions, within a stated time of at least 7 days, as to why the declaration should not be cancelled.
'(2) The chief executive must consider all submissions received from the declaration holder under subsection (1)(d).
'(3) If, after considering the submissions, if any, the chief executive still considers a ground exists to cancel the declaration, the chief executive may cancel the declaration by written notice given to the declaration holder.
'(4) The cancellation takes effect on the day the notice is given to the declaration holder.
'(5) If the chief executive cancels the declaration, the chief executive must give the declaration holder an information notice for the decision to cancel.
'The chief executive must cancel the declaration of a declared scheme if the declaration holder asks for the cancellation.
'(1) The chief executive may, by written notice given to a declaration holder, require the person to provide the chief executive with any of the following—
(a) reports or particulars, about the number and nature of certificates given under the declared scheme, as are stated in the notice and at the times stated in the notice;
(b) reports, particulars or other information, about the level of compliance with the conditions imposed on the declared scheme under this division, as are stated in the notice and at the times stated in the notice.
'(2) The declaration holder must comply with the notice.
Maximum penalty for subsection (2)—40 penalty units.
'A declaration holder, in certifying a type of level 3 in-scope electrical equipment under a declared scheme, must comply with the equipment safety rules.
Maximum penalty—40 penalty units.
'If the chief executive considers it necessary or appropriate for the maintenance of electrical safety, the chief executive may decide to have an item of a type of level 1, 2 or 3 in-scope electrical equipment tested and examined to see whether it meets the relevant standard for the type.
'(1) If the chief executive decides to have an item of a type of level 1, 2 or 3 in-scope electrical equipment tested and examined, the chief executive may—
(a) for an item of a type of level 2 or 3 in-scope electrical equipment—
(i) by written notice, require a registered responsible supplier in relation to whom the type is registered to give the chief executive items of the type for testing and examining within a stated reasonable time; or
(ii) require an inspector to select, for testing and examining, items of the type from a place where a registered responsible supplier in relation to whom the type is registered has them stored and give them to the chief executive within a stated reasonable time; or
(b) in any case—buy, for testing and examining, items of the type at any place where they are offered for sale.
'(2) If the chief executive makes a requirement under subsection (1)(a)(i), the registered responsible supplier must take all steps that are reasonable in the circumstances to ensure that the requirement is complied with.
Maximum penalty—40 penalty units.
'(3) If the chief executive makes a requirement under subsection (1)(a)(ii), the registered responsible supplier must take all steps that are reasonable in the circumstances to ensure the inspector is able to comply with the requirement.
Maximum penalty for subsection (3)—40 penalty units.
'Before the chief executive gives an item of a type of level 2 or 3 in-scope electrical equipment to an approved testing entity for testing and examining, the chief executive must—
(a) give the registered responsible supplier from whom the item was obtained under section 121(1)(a) an opportunity to place an identifying mark on the item; and
(b) advise the approved testing entity of the mark.
'(1) If an item of a type of level 1, 2 or 3 in-scope electrical equipment is tested and examined under this division and is found to substantially meet the relevant standard for the type, the chief executive must—
(a) bear the cost of the testing and examination; and
(b) if the item was obtained under section 121(1)(a), compensate the registered responsible supplier for any damage done to the item.
'(2) An amount for which a registered responsible supplier is entitled to be compensated under subsection (1)(b) may be recovered from the chief executive as a debt owing by the State to the person.
'(3) If an item of a type of level 2 or 3 in-scope electrical equipment is tested and examined under this division and is found not to substantially meet the relevant standard for the type, the registered responsible supplier from whom the item was obtained under section 121(1)(a)—
(a) must reimburse the chief executive for all costs incurred in obtaining and having the item of electrical equipment tested and examined; and
(b) is not entitled to compensation for damage necessarily caused to the item to enable it to be properly tested and examined.
'(4) An amount the chief executive is entitled to be reimbursed under subsection (3)(a) may be recovered by the chief executive as a debt owing to the State.
'(1) This section applies if a person provides the chief executive with—
(a) an item of a type of level 3 in-scope electrical equipment under division 7; or
(b) an item of a type of level 2 or 3 in-scope electrical equipment for testing and examination because of a requirement made by the chief executive under division 9.
'(2) The chief executive must notify the person the item of in-scope electrical equipment is available for collection by the person at a stated place as soon as practicable after—
(a) if the item was provided under division 7—the chief executive decides the application to which the item relates; or
(b) if the item was provided for testing and examination—
(i) if the chief executive believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or
(ii) if subparagraph (i) does not apply—the testing and examination.
'(3) Despite subsection (2)(b)(i), the chief executive must notify the person immediately after the earlier of the following—
(a) the chief executive decides the item of in-scope electrical equipment is not required as evidence;
(b) a prosecution for an offence involving the item of in-scope electrical equipment is not started within 6 months from when the notice would have been given if subsection (2)(b)(i) had not applied.
'(4) If, at the end of 6 months after the giving of notice, the item of in-scope electrical equipment has not been collected, the chief executive may dispose of the item as the chief executive considers appropriate and the person is not entitled to claim for the item or any loss or damage to it.
'(5) Subsection (2) does not apply if the item of in-scope electrical equipment was necessarily destroyed by testing.
'(1) A person (the seller) who offers for sale to another person (the purchaser) a second-hand item of a type of in-scope electrical equipment must give the purchaser information to the effect that the item has not been tested for electrical safety unless—
(a) subsection (2) applies; and
(b) the seller complies with the subsection.
Maximum penalty—40 penalty units.
'(2) If—
(a) the item has been tested by a licensed electrical worker who is qualified to test the item; and
(b) has been found to be electrically safe;
the seller may instead give the information about the test.
'(3) A person is not required to comply with subsection (1) if the purchaser conducts a business or undertaking that includes dealing in, repairing or reconditioning second-hand items of in-scope electrical equipment.
'(1) The chief executive may establish a program for the issuing of certificates relating to the suitability of types of level 1 or 2 in-scope electrical equipment for connection to electricity supply.
'(2) The program may include the charging of fees for the certificates.
'(3) The program can not require a person to take part in the program.
'In this division—
particular electrical equipment means electrical equipment the installation, testing, maintenance, repair, alteration, removal, or replacement of which is electrical work required under the Act to be performed by a licensed electrical contractor or licensed electrical worker.
Examples—
fixed-wired electrical equipment, including, for example, air conditioners, stoves, ovens, electric hot water systems, ceiling fans, light fittings
electrical accessories, including, for example, socket outlets, light switches, electrical cable, wall switches, plugs and cord extension sockets
electrical parts, including, for example, electrical motors, switches, solenoids, elements
'This division applies to a person who conducts a business or undertaking that involves the sale of particular electrical equipment to the public.
'(1) The person must not sell an item of particular electrical equipment unless a DIY warning sign is displayed for the item.
Maximum penalty—40 penalty units.
'(2) For subsection (1), a DIY warning sign is displayed for an item of particular electrical equipment if the sign is displayed—
(a) in close proximity to the point of display of the item; or
(b) as part of the price tag of the item; or
(c) on a label attached to the packaging of the item; or
(d) as part of the packaging of the item; or
(e) on a label attached to the item.
'(3) In this section—
DIY warning sign means a sign that—
(a) contains a symbol in the form of a red circle and a red diagonal line over the letters 'DIY' in black letters; and
(b) for a sign displayed in the way mentioned in subsection (2)(a)—contains the words 'ALL ELECTRICAL WORK MUST BE PERFORMED BY A LICENSED ELECTRICIAN' in uppercase black letters; and
(c) for a sign displayed in the way mentioned in subsection (2)(b), (c), (d) or (e)—contains the words 'MUST BE INSTALLED BY A LICENSED ELECTRICIAN' in uppercase black letters; and
(d) has a white background; and
(e) is unambiguous and clearly legible.
point of display, of an item, means—
(a) for an item displayed in a shop, warehouse or other physical space—the place where the item is displayed in the shop, warehouse or other physical space; or
(b) for an item displayed in an online shop—the place where the item is displayed on the online shop's website.
'A person must not sell an item of electrical equipment to which the safety criteria in AS/NZS 3820 (Essential safety requirements for electrical equipment) apply unless the item of electrical equipment complies with the safety criteria as in force at the later of the following—
(a) on 5 October 1998;
(b) when the item was manufactured or imported.
Maximum penalty—40 penalty units.
'(1) The chief executive may, by gazette notice, prohibit the sale or use by any person of an item of electrical equipment, or items of electrical equipment of a particular type, if the chief executive believes on reasonable grounds that the item or type does not comply with the safety criteria in AS/NZS 3820 (Essential safety requirements for electrical equipment).
'(2) The prohibition remains in force for the time stated in the gazette notice or, if no time is stated, without limit of time.
'(3) As well as notifying the prohibition in the gazette, the chief executive must give an information notice for the decision to prohibit the sale or use of the item or type of electrical equipment to each person the chief executive knows to be, or to be likely to be, a seller of the item or type.
'(4) A person must not contravene the prohibition, unless the person has a reasonable excuse.
Maximum penalty—40 penalty units.
'(5) Unless a court otherwise decides in the circumstances of a particular case, it is not a reasonable excuse for a contravention of the prohibition that the person did not receive an information notice under subsection (3).
'(1) This section applies if a person acting under the authority of a distribution entity finds, at a place occupied by a consumer, an item of portable electrical equipment that has a serious defect.
'(2) The distribution entity must ensure that a label is attached to the item of electrical equipment stating that the item is electrically unsafe.
Maximum penalty—40 penalty units.
'(3) A person must not take the label off the item of electrical equipment or connect a source of electricity to the item unless the item—
(a) has been repaired by a licensed electrical worker qualified to repair it; or
(b) has been repaired by a person who, because of the operation of section 18(2)(d) of the Act, was not performing electrical work in repairing the equipment.
Maximum penalty for subsection (3)—40 penalty units.
'This division prescribes a way of discharging the electrical safety obligation of an employer or self-employed person to ensure that the person's business or undertaking is conducted in a way that is electrically safe.
'(1) This section applies if an employer or self-employed person (the hirer) conducts 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 dwelling house or flat
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.
Maximum penalty—40 penalty units.
'(8) In this section—
domestic electrical equipment means computer equipment, browngoods or whitegoods.'.