South Australian Numbered Acts

STATUTES AMENDMENT (ELECTRICITY AND GAS) ACT 2017 (NO 21 OF 2017) - SECT 31

31—Amendment of section 72—Power to make infrastructure, installation or equipment safe

        (1)         Section 72(1)—after "unsafe," insert:

or believes on reasonable grounds that the infrastructure, installation or equipment is, or may become, unsafe when in use,

        (2)         Section 72(1)(b)—after "safe" insert:

within a period specified in the direction

        (3)         Section 72(2)(b)—delete paragraph (b) and substitute:

            (b)         in relation to an installation or equipment—

                  (i)         in the case of installation or equipment that is unsafe, or in relation to which it is reasonably believed that the installation or equipment is, or may become, unsafe when in use, as a result of work performed on the installation or equipment within 2 years before the giving of the direction and with the consent of the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated—to the person who carried out the work, unless that person is not authorised to carry out such work; or

                  (ii)         in any other case—to the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated.

        (4)         Section 72(4)—delete subsection (4) and substitute:

        (4)         A person to whom a direction is given under this section—

            (a)         must comply with the direction; and

            (b)         must not fail to take action specified in the direction to make the infrastructure, installation or equipment safe within the period specified in the direction; and

            (c)         must not reconnect or permit the reconnection of the electricity supply, or connect or permit the connection of the infrastructure (or part of the infrastructure), installation or equipment to any other supply of electricity, without the written approval of an authorised officer.

Maximum penalty: $50 000.

Expiation fee:

            (a)         in the case of an offence against paragraph (c)

—$1 000;

            (b)         in any other case—$315.

        (5)         If a person does not comply with a direction, an authorised officer may take any action that is reasonable and necessary to have the direction carried out.

        (6)         A person, authorised in writing by an authorised officer, may do what is reasonable and necessary to carry out the direction.

        (7)         The costs incurred in carrying out the direction are recoverable as a debt due to the Crown.