Queensland Numbered Acts Queensland Numbered ActsPart 13, divisions 2, 2A and 3—
omit, insert—
'(1) Proceedings for an offence against this Act, other than a category 1 offence, must be taken in a summary way under the Justices Act 1886.
'(2) Subject to subsection (5), proceedings for an offence against this Act may only be taken by—
(a) the regulator; or
(b) an inspector with the written authorisation of the regulator, either generally or in a particular case.
'(3) An authorisation under subsection (1)(b) is sufficient authority to continue proceedings in any case where the court amends the charge, warrant or summons.
'(4) The regulator must issue, and publish on the regulator's website, general guidelines for—
(a) the prosecution of offences under this Act; and
(b) the acceptance of electrical safety undertakings under this Act.
'(5) Nothing in this section affects the ability of the Director of Public Prosecutions to bring proceedings for an offence against this Act.
'(1) If—
(a) a person reasonably considers that an act or omission constitutes a category 1 offence or a category 2 offence; and
(b) no prosecution has been brought for the act or omission after 6 months but not later than 12 months after the act or omission happens;
the person may make a written request to the regulator that a prosecution be brought.
'(2) Within 3 months after the regulator receives a request the regulator must—
(a) advise the person, in writing—
(i) whether the investigation is complete; and
(ii) if the investigation is complete, whether a prosecution has been or will be brought or give reasons why a prosecution will not be brought; and
(b) advise the person who the applicant believes committed the offence of the application and of the matters set out in paragraph (a).
'(3) If the regulator advises the person that a prosecution for a category 1 or category 2 offence will not be brought, the regulator must—
(a) advise the person that the person may ask the regulator to refer the matter to the Director of Public Prosecutions for consideration; and
(b) if the person makes a written request to the regulator to do so, refer the matter to the Director of Public Prosecutions within 1 month of the request.
'(4) The Director of Public Prosecutions must consider the matter and advise (in writing) the regulator within 1 month as to whether the Director considers that a prosecution should be brought.
'(5) The regulator must ensure a copy of the advice is given to—
(a) the person who made the request; and
(b) the person who the applicant believes committed the offence.
'(6) If the regulator declines to follow the advice of the Director of Public Prosecutions to bring proceedings, the regulator must give written reasons for the decision to any person to whom a copy of the advice is given under subsection (5).
'(1) Proceedings for an offence against this Act may be taken within the latest of the following periods—
(a) within 2 years after the offence first comes to the notice of the regulator;
(b) within 1 year after a coronial report was made or a coronial inquiry or inquest ended, if it appeared from the report or the proceedings at the inquiry or inquest that an offence had been committed against this Act;
(c) if an electrical safety undertaking has been given in relation to the offence, within 6 months after—
(i) the electrical safety undertaking is contravened; or
(ii) it comes to the notice of the regulator that the electrical safety undertaking has been contravened; or
(iii) the regulator has agreed under section 54 to the withdrawal of the electrical safety undertaking.
'(2) A proceeding for a category 1 offence may be taken after the end of the applicable limitation period in subsection (1) if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within the relevant limitation period.
'(1) Two or more contraventions of an electrical safety duty provision by a person that arise out of the same factual circumstances may be charged as a single offence or as separate offences.
'(2) This section does not authorise contraventions of 2 or more electrical safety duty provisions to be charged as a single offence.
'(3) A single penalty only may be imposed for 2 or more contraventions of an electrical safety duty provision that are charged as a single offence.
'(4) In this section electrical safety duty provision means a provision of part 2, division 2.
'This division applies if a court convicts a person (the offender), of an offence against this Act.
'(1) One or more orders may be made under this division against the offender.
'(2) Orders may be made under this division in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence.
'(1) The court may make an order (an adverse publicity order) in relation to the offender requiring the offender—
(a) to take either or both of the following actions within the period stated in the order—
(i) to publicise, in the way stated in the order, the offence, its consequences, the penalty imposed and any other related matter;
(ii) to notify a stated person or stated class of persons, in the way stated in the order, of the offence, its consequences, the penalty imposed and any other related matter; and
(b) to give the regulator, within 7 days after the end of the period stated in the order, evidence that the action or actions were taken by the offender in accordance with the order.
'(2) The court may make an adverse publicity order on its own initiative or on the application of the person prosecuting the offence.
'(3) If the offender fails to give evidence to the regulator as provided under subsection (1)(b), the regulator, or a person authorised in writing by the regulator, may take the action or actions stated in the order.
'(4) However, if—
(a) the offender gives evidence to the regulator as provided under subsection (1)(b); and
(b) despite that evidence, the regulator is not satisfied that the offender has taken the action or actions stated in the order in accordance with the order;
the regulator may apply to the court for an order authorising the regulator, or a person authorised in writing by the regulator, to take the action or actions.
'(5) If the regulator or a person authorised in writing by the regulator takes an action or actions under subsection (3) or an order under subsection (4), the regulator is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount for the reasonable expenses of taking the action or actions as a debt due to the regulator.
'(1) The court may order the offender to take such steps as are stated in the order, within the period so stated, to remedy any matter caused by the commission of the offence that appears to the court to be within the offender's power to remedy.
'(2) The period in which an order under this section must be complied with may be extended, or further extended, by order of the court but only if an application for the extension is made before the end of that period.
'(1) The court may make an order requiring the offender to undertake a stated project for the general improvement of electrical safety within the period stated in the order.
'(2) The order may specify conditions that must be complied with in undertaking the stated project.
'(1) The court may (with or without recording a conviction) adjourn the proceeding for a period of up to 2 years and make an order for the release of the offender on the offender giving an undertaking with stated conditions (a court-ordered electrical safety undertaking).
'(2) A court-ordered electrical safety undertaking must specify the following conditions—
(a) that the offender appears before the court if called on to do so during the period of the adjournment and, if the court so specifies, at the time to which the further hearing is adjourned;
(b) that the offender does not commit, during the period of the adjournment, any offence against this Act;
(c) that the offender observes any special conditions imposed by the court.
'(3) An offender who has given a court-ordered electrical safety undertaking under this section may be called on to appear before the court by order of the court.
'(4) An order under subsection (3) must be served on the offender not less than four days before the time stated in it for the appearance.
'(5) If the court is satisfied at the time to which a further hearing of a proceeding is adjourned that the offender has observed the conditions of the court-ordered electrical safety undertaking, it must discharge the offender without any further hearing of the proceeding.
'The court may issue an injunction requiring the offender to stop contravening this Act.
'The court may make an order requiring the offender to undertake or arrange for 1 or more workers to undertake a stated course of training.
'(1) On the conviction of a person for an offence against this Act, the court may order the forfeiture to the State of anything used to commit the offence or anything else the subject of the offence.
'(2) The court may make the order—
(a) whether or not the thing has been seized under this Act; and
(b) if the thing has been seized—whether or not the thing has been returned to its owner.
'(3) The court may make any order to enforce the forfeiture it considers appropriate.
'(4) This section applies to a thing only if the court is satisfied that the thing caused or may cause a serious electrical incident.
'(5) This section does not limit the court's powers under another law.
'(1) On the forfeiture of a thing to the State, the thing becomes the State's property and may be dealt with by the regulator as the regulator considers appropriate.
'(2) Without limiting subsection (1), the regulator may destroy it.
'(1) A person must not, without reasonable excuse, fail to comply with an order under this division.
Maximum penalty—500 penalty units.
'(2) Subsection (1) places an evidential burden on the defendant to show a reasonable excuse.
'(3) This section does not apply to an order under section 187E or 187F.
'(1) For this Act, any conduct engaged in on behalf of a body corporate by an employee, agent or officer of the body corporate acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the body corporate.
'(2) If an offence under this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against a body corporate for the offence to prove that the person mentioned in subsection (1) had the relevant knowledge, intention or recklessness.
'(3) If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against a body corporate for the offence if the person mentioned in subsection (1) made the mistake of fact.
'(1) If the State, Commonwealth or another State is found guilty of an offence against this Act, the penalty to be imposed on the State, Commonwealth or other State is the penalty applicable to a body corporate.
'(2) For this Act, conduct engaged in on behalf of the State, Commonwealth or another State by an employee, agent or officer of the State, Commonwealth or other State acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the State, Commonwealth or other State.
'(3) If an offence under this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against the State, Commonwealth or other State for the offence to prove that the person mentioned in subsection (2) had the relevant knowledge, intention or recklessness.
'(4) If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against the State, Commonwealth or other State for the offence if the person mentioned in subsection (2) made the mistake of fact.
'(1) A person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of the State, Commonwealth or another State is taken to be an officer of the State, Commonwealth or other State for the purposes of this Act.
'(2) A Minister of a State or the Commonwealth is not in that capacity an officer for the purposes of this Act.
'(1) The following notices may be given to or served on the responsible agency—
(a) an improvement notice, electrical safety protection notice, unsafe equipment notice or non-disturbance notice to be given to or served on the State, Commonwealth or another State under this Act;
(b) an infringement notice for an offence against this Act to be given to or served on the State, Commonwealth or another State.
'(2) If an infringement notice is to be served on the State, Commonwealth or another State for an offence against this Act, the responsible agency may be stated in the infringement notice.
'(3) If proceedings are taken against the State, Commonwealth or another State for an offence against this Act or in relation to a contravention of this Act, the responsible agency for the offence or contravention may be stated in any document initiating, or relating to, the proceedings.
'(4) The responsible agency for an offence or a contravention of this Act is entitled to act in proceedings against the State, Commonwealth or other State for the offence or relating to the contravention and, subject to any relevant rules of court, the procedural rights and obligations of the State, Commonwealth or other State as the accused or defendant in the proceedings are conferred or imposed on the responsible agency.
'(5) The person prosecuting the offence or bringing the proceedings may change the responsible agency during the proceedings with the court's leave.
'(6) In this section, the responsible agency means—
(a) for an improvement notice or infringement notice—the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to contravene this Act; or
(b) for an electrical safety protection notice—the agency of the State, Commonwealth or other State that controls the place where the electrical risk has arisen; or
(c) for an unsafe equipment notice—the agency of the State, Commonwealth or other State that owns or controls the electrical equipment; or
(d) for a non-disturbance notice—the agency of the State, Commonwealth or other State that controls the site to which the notice relates; or
(e) for an offence or proceedings for a contravention of this Act—
(i) the agency of the State, Commonwealth or other State the acts or omissions of which are alleged to constitute the offence or contravention; or
(ii) if that agency no longer exists, that is the successor of the agency; or
(iii) if that agency no longer exists and there is no clear successor, that the court declares to be the responsible agency.
'This division applies only to public authorities that are bodies corporate or are local governments.
'(1) Proceedings may be taken under this Act against a public authority in its own name.
'(2) Proceedings may be taken under this Act against a local government, and a local government may be prosecuted and punished, as if it were a body corporate.
'(3) Nothing in this division affects any privileges that a public authority may have under the State.
'(1) For this Act, any conduct engaged in on behalf of a public authority by an employee, agent or officer of the public authority acting within the actual or apparent scope of his or her employment, or within his or her actual or apparent authority, is conduct also engaged in by the public authority.
'(2) If an offence against this Act requires proof of knowledge, intention or recklessness, it is sufficient in proceedings against the public authority for that offence to prove that the person mentioned in subsection (1) had the relevant, knowledge or recklessness.
'(3) If for an offence against this Act mistake of fact is relevant to determining liability, it is sufficient in proceedings against the public authority for that offence if the person mentioned in subsection (1) made that mistake of fact.
'A person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of a public authority is taken to be an officer of the public authority for the purposes of this Act.
'(1) Proceedings for an offence against this Act that were instituted against a public authority before its dissolution, or that could have been instituted against a public authority if not for its dissolution, may be continued or instituted against its successor if the successor is a public authority.
'(2) An infringement notice served on a public authority for an offence against this Act is taken to be an infringement notice served on its successor if the successor is a public authority.
'(3) Similarly, any penalty paid by a public authority for an infringement notice is taken to be a penalty paid by its successor if the successor is a public authority.
'Nothing in this Act is to be construed as—
(a) conferring a right of action in civil proceedings in relation to a contravention of a provision of this Act; or
(b) conferring a defence to an action in civil proceedings or otherwise affecting a right of action in civil proceedings; or
(c) affecting the extent (if any) to which a right of action arises, or civil proceedings may be taken, in relation to breaches of duties or obligations imposed under a regulation.
'(1) A person must not give information in complying or purportedly complying with this Act that the person knows—
(a) to be false or misleading in a material particular; or
(b) omits any matter or thing without which the information is misleading.
Maximum penalty—100 penalty units.
'(2) A person must not produce a document in complying or purportedly complying with this Act that the person knows to be false or misleading in a material particular without—
(a) indicating how it is false or misleading and, if practicable, providing correct information; or
(b) accompanying the document with a written statement signed by the person or, in the case of a body corporate, by a competent officer of the body corporate—
(i) stating that the document is, to the knowledge of the first-mentioned person, false or misleading in a material particular; and
(ii) setting out, or referring to, the material particular in which the document is, to the knowledge of the first-mentioned person, false or misleading.
Maximum penalty—100 penalty units.
'(3) Subsection (2) places an evidential burden on the defendant to show—
(a) that the defendant had indicated the extent to which the document was false or misleading; or
(b) that the accompanying document sufficiently explained the extent to which the document was false or misleading.
'Nothing in this Act requires a person to produce a document that would disclose information, or otherwise provide information, that is the subject of legal professional privilege.
'(1) An inspector, or other person engaged in the administration of this Act, incurs no civil liability for an act or omission done or omitted to be done in good faith and in the execution or purported execution of powers and functions under this Act.
'(2) A civil liability that would, but for subsection (1), attach to a person, attaches instead to the State.
'(1) This section applies if a person obtains information or gains access to a document in exercising any power or function under this Act.
'(2) The person must not do any of the following—
(a) disclose to anyone else—
(i) the information; or
(ii) the contents of or information contained in the document;
(b) give access to the document to anyone else;
(c) use the information or document for any purpose.
Maximum penalty—100 penalty units.
'(3) Subsection (2) does not apply to the disclosure of information, or the giving of access to a document or the use of information or a document—
(a) about a person, with the person's consent; or
(b) that is necessary for the exercise of a power or function under this Act; or
(c) that is made or given by the regulator or a person authorised by the regulator if the regulator reasonably believes the disclosure, access or use—
(i) is necessary for administering, or monitoring or enforcing compliance with, this Act; or
(ii) is necessary for the administration or enforcement of another Act prescribed under a regulation; or
(iii) is necessary for the administration or enforcement of another Act or law, if the disclosure, access or use is necessary to lessen or prevent a serious risk to public safety; or
(iv) is necessary for the recognition of authorisations under a corresponding law; or
(v) is required for the exercise of a power or function under a corresponding law; or
(d) that is required by any court, tribunal, authority or person having lawful authority to require the production of documents or the answering of questions; or
(e) that is required or authorised under a law; or
(f) to a Minister.
'(4) A person must not intentionally disclose to another person the name of an individual who has made a complaint in relation to that other person unless—
(a) the disclosure is made with the consent of the complainant; or
(b) the disclosure is required under a law.
Maximum penalty—100 penalty units.
'A term of any agreement or contract that purports to exclude, limit or modify the operation of this Act or any duty owed under this Act or to transfer to another person any duty owed under this Act is void.
'A person conducting a business or undertaking must not impose a levy or charge on a worker, or permit a levy or charge to be imposed on a worker, for anything done, or provided, in relation to electrical safety.
Maximum penalty—50 penalty units.'.