Queensland Numbered Acts Queensland Numbered ActsPart 10, division 1—
omit, insert—
'(1) The regulator has the following functions—
(a) to advise and make recommendations to the Minister and report on the operation and effectiveness of this Act;
(b) to monitor and enforce compliance with this Act;
(c) to provide advice and information on electrical safety to duty holders under this Act and to the community;
(d) to collect, analyse and publish statistics relating to electrical safety;
(e) to foster a cooperative, consultative relationship between duty holders and the persons to whom they owe duties and their representatives in relation to electrical safety matters;
(f) to promote and support education and training on matters relating to electrical safety;
(g) to engage in, promote and coordinate the sharing of information to achieve the object of this Act, including the sharing of information with a corresponding regulator;
(h) to conduct and defend proceedings under this Act before a court or tribunal;
(i) any other function conferred on the regulator under this Act.
'(2) The regulator must act independently when making a decision under this Act but otherwise is subject to direction in the person's capacity as a public service officer and an officer of the department.
'(1) Subject to this Act, the regulator has the power to do all things necessary or convenient to be done for or in connection with the performance of the regulator's functions.
'(2) Without limiting subsection (1), the regulator has all the powers and functions that an inspector has under this Act.
'(1) The regulator may delegate to an inspector, appropriately qualified public service employee or a person prescribed under a regulation a function or power of the regulator under this Act.
'(2) In this section—
appropriately qualified includes having the qualifications, experience or standing appropriate to perform the function or exercise the power.
Example of standing—
a person's classification level in the public service
'(1) This section applies if the regulator has reasonable grounds to believe that a person is capable of giving information, providing documents or giving evidence in relation to a possible contravention of this Act or that will help the regulator to monitor or enforce compliance with this Act.
'(2) The regulator may, by written notice served on the person, require the person to do one or more of the following—
(a) to give the regulator, in writing signed by the person (or in the case of a body corporate, by a competent officer of the body corporate) and within the time and in the way stated in the notice, that information of which the person has knowledge;
(b) to produce to the regulator, in accordance with the notice, those documents;
(c) to appear before a person appointed by the regulator on a day, and at a time and place, stated in the notice (being a day, time and place that are reasonable in the circumstances) and give either orally or in writing that evidence and produce those documents.
'(3) The notice must—
(a) state that the requirement is made under this section; and
(b) contain a statement to the effect that a failure to comply with a requirement is an offence; and
(c) if the notice requires the person to provide information or documents or answer questions—
(i) contain a statement about the effect of sections 141A and 192A; and
(ii) state that the person may attend with a legal practitioner.
'(4) The regulator must not make a requirement under subsection (2)(c) unless the regulator has taken all reasonable steps to obtain the information under subsections (2)(a) and (b) and has been unable to do so.
'(5) A person must not, without reasonable excuse, refuse or fail to comply with a requirement under this section.
Maximum penalty—100 penalty units.
'(6) Subsection (5) places an evidential burden on the defendant to show a reasonable excuse.
'(7) Section 141A, with any necessary changes, applies to a requirement under this section.
'(1) The regulator may, by instrument, appoint any of the following as an inspector—
(a) a public service employee;
(b) an employee of a public authority;
(c) the holder of a statutory office;
(d) a person who is appointed as an inspector under a corresponding law;
(e) a person of a class prescribed under a regulation.
\'(2) Arrangements may be made for subsection (1)(d) under the Public Service Act 2008, section 183 and 184, as if a reference in the sections to the chief executive were a reference to the regulator.
'(3) However, the regulator may appoint a person as an inspector only if—
(a) the regulator is satisfied the person is qualified for appointment because the person has the necessary expertise or experience; or
(b) the person has satisfactorily finished training approved by the regulator.
'(1) The regulator must give each inspector an identity card that states the person's name and appointment as an inspector and includes any other matter prescribed under a regulation.
'(2) In exercising a compliance power in relation to a person, an inspector must—
(a) produce the inspector's identity card for the person's inspection before exercising the power; or
(b) have the identity card displayed so it is clearly visible to the person when exercising the power.
'(3) However, if it is not practicable to comply with subsection (2), the inspector must produce the identity card for the person's inspection at the first reasonable opportunity.
'(4) If a person to whom an identity card has been issued stops being an inspector, the person must return the identity card to the regulator as soon as practicable.
Maximum penalty—40 penalty units.
'(1) An inspector must give written notice to the regulator of all interests, pecuniary or otherwise, that the inspector has, or acquires, and that conflict or could conflict with the proper performance of the inspector's functions.
'(2) The regulator must give a direction to an inspector not to deal, or to no longer deal, with a matter if the regulator becomes aware that the inspector has a potential conflict of interest in relation to a matter and the regulator considers that the inspector should not deal, or should no longer deal, with the matter.
'(1) The regulator may suspend or end the appointment of an inspector.
'(2) A person's appointment as an inspector ends when the person stops being eligible for appointment as an inspector.
'(1) This division applies if—
(a) the regulator considers that an inspector is required urgently to enter a place and investigate the circumstances of a serious electrical incident or dangerous electrical event at the place; and
(b) there is no inspector available to enter the place and investigate the circumstances.
'(2) The regulator may appoint a person as a temporary inspector to exercise the powers of an inspector for the place.
'(3) The person appointed as a temporary inspector need not be a person who could be appointed as an inspector.
'(4) However, the regulator may appoint the person as a temporary inspector only if the regulator is satisfied the person has the necessary expertise or experience for what the temporary inspector can reasonably be expected to have to do.
'(5) If practicable, the regulator must give the temporary inspector a document evidencing the temporary inspector's appointment.
'(1) The temporary inspector has all the powers in relation to the place, including any person or thing at the place, that an inspector has under this part.
'(2) However, the temporary inspector must not exercise a power unless the temporary inspector is directed by an inspector to exercise the power, whether by phone, fax or another form of communication.
'(3) In exercising a power, the temporary inspector must—
(a) comply with any conditions the inspector directing the exercise of power attaches to the direction; and
(b) to the greatest practicable extent, show each person affected by the exercise of the power the document evidencing his or her appointment.
'(4) Subject to subsections (1) to (3), the temporary inspector is taken to be an inspector under this Act.'.