Tasmanian Numbered Acts

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ELECTRICITY SAFETY ACT 2022 (NO. 32 OF 2022) - Act 32 of 2022 - Royal Assent 30 November 2022 


TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement
   3.      Interpretation
   4.      Regulated activities
   5.      Application of Act
   6.      Act binds Crown
   7.      Act does not derogate from certain Acts

   PART 2 - Administration

           Division 1 - Director of Electricity Safety

   8.      Director of Electricity Safety
   9.      Functions of Director
   10.     Powers of Director
   11.     Delegation
   12.     Advisory committees

           Division 2 - Determinations and directions

   13.     Making of determinations
   14.     Determinations to be published and made available
   15.     Director may make or adopt codes of practice
   16.     Director may make or adopt guidelines
   17.     Director may require information to be provided
   18.     Director may require reports to be provided
   19.     Power to direct rectification, &c.
   20.     Power to direct isolation, &c.
   21.     Power to direct relocation of certain electricity infrastructure or electrical installations
   22.     Power to direct discontinuance of supply
   23.     Power to direct discontinuance of use
   24.     Power to direct discontinuance of practice
   25.     Power to direct discontinuance of sale
   26.     Direction may be oral
   27.     Power of investigation
   28.     Publication of results of investigation
   29.     Safety and compliance audit
   30.     Court orders

   PART 3 - Safety of Electricity Infrastructure and Electrical Installations

           Division 1 - General requirements for safe operation

   31.     General requirements for safe operation

           Division 2 - Power supply, ownership, boundaries and access

   32.     Responsibility for electricity infrastructure and electrical installations
   33.     Installation wiring
   34.     Safe envelope clearance
   35.     Vegetation clearance space
   36.     Inspection of aerial wiring systems and supporting structures
   37.     Restrictions on work near electricity infrastructure, &c.

           Division 3 - Regulated activities, &c.

   38.     Inspection of suspected unsafe or defective electricity infrastructure and electrical installations
   39.     Energisation of electricity infrastructure and electrical installations
   40.     Identification of location of equipment before commencement of work
   41.     Regulated activities to be carried out with due care
   42.     Structures and objects in safety and operational area
   43.     De-energised or isolated electrical installations
   44.     Inspection and maintenance of prescribed generation and storage systems
   45.     Electrical installations within hazardous areas
   46.     High-voltage electrical installations
   47.     Maintenance of electrical installations
   48.     Cathodic protection systems

   PART 4 - Safety of Electrical Equipment

           Division 1 - Interpretation

   49.     Interpretation of Part 4
   50.     Minister may determine corresponding law
   51.     Person not also liable under corresponding law
   52.     Director may determine electrical equipment not to be in-scope electrical equipment
   53.     Standards for electrical equipment that is not in-scope electrical equipment
   54.     Determination of electrical equipment to be controlled electrical equipment

           Division 2 - Certificate of suitability

   55.     Meaning of certificate of suitability
   56.     Application for certificate of suitability of electrical equipment
   57.     Consideration of application for certificate of suitability
   58.     Term of certificate of suitability
   59.     Variation of certificate of suitability
   60.     Suspension of certificate of suitability
   61.     Cancellation of certificate of suitability
   62.     Certificate of suitability issued by regulatory authority or external certifier taken to be issued by Director
   63.     Suspension by Director of certificate of suitability issued by regulatory authority or external certifier

           Division 3 - Certificate of conformity

   64.     Meaning of certificate of conformity
   65.     Application for certificate of conformity
   66.     Consideration of application for certificate of conformity
   67.     Term of certificate of conformity
   68.     Variation of certificate of conformity
   69.     Re-examination
   70.     Suspension of certificate of conformity
   71.     Modifications after issue of certificate of conformity
   72.     Cancellation of certificate of conformity
   73.     Certificate of conformity issued by regulatory authority or external certifier
   74.     Suspension by Director of certificate of conformity issued by regulatory authority or external certifier

           Division 4 - Registration of responsible supplier

   75.     Responsible supplier in Tasmania registered in Register
   76.     Recording, amendment or removal of matter in Register
   77.     Application for exemption of registered responsible supplier or in-scope electrical equipment
   78.     Exemption for registered responsible supplier or in-scope electrical equipment
   79.     Grounds for cancellation of registration of responsible supplier
   80.     Grounds for cancellation of registration of level 2 and level 3 in-scope electrical equipment
   81.     Show-cause notice
   82.     Cancellation of registration by Director
   83.     Evidence of registration and registered matters

           Division 5 - Alternative mark to regulatory compliance mark

   84.     Approval of alternative mark to regulatory compliance mark

           Division 6 - Prohibition of supply and recall of electrical equipment

   85.     Prohibition of supply of electrical equipment
   86.     Offence to disobey prohibition
   87.     Recall of electrical equipment

   PART 5 - Electricity Safety Management

   88.     Safety management systems
   89.     Safety management system to minimise risk
   90.     System manager
   91.     Validation of safety management system
   92.     Additional information
   93.     Acceptance of safety management system
   94.     Refusal of safety management system
   95.     Compliance with safety management system
   96.     Revised safety management system
   97.     Director may require submission of revised safety management system
   98.     Offence to fail to submit revised safety management system when required
   99.     Application of provisions to revised safety management system
   100.    Audit of safety management system
   101.    Fees for safety management system

   PART 6 - Serious Electrical Accidents

   102.    Notification and reporting of serious electrical accidents
   103.    Interference with site of serious electrical accident
   104.    Publication of details of serious electrical accidents
   105.    Relationship with Coroners Act 1995

   PART 7 - Electricity Entities' Powers and Duties

           Division 1 - Electricity safety officers

   106.    Interpretation of Part 7
   107.    Appointment of electricity safety officers
   108.    Electricity entity to keep and maintain register
   109.    Reporting to Director of register of electricity safety officers
   110.    Audit of electricity safety officer administration and management
   111.    Electricity safety officer identity card
   112.    Electricity safety officers may enter land or premises in relation to electricity infrastructure
   113.    Obstruction, &c., of electricity safety officer

           Division 2 - Powers relating to electrical installations

   114.    Entry to inspect electrical installations
   115.    Entry to isolate supply for safety reasons

           Division 3 - Powers and duties in emergencies

   116.    Electricity entity may isolate electricity supply to avoid danger
   117.    Emergency powers of electricity safety officers

   PART 8 - Enforcement

           Division 1 - Enforcement of Act

   118.    Enforcement of Act by Director
   119.    Authorised investigations
   120.    Warrant to enter premises

           Division 2 - Appointment of authorised officers

   121.    Appointment of authorised officers
   122.    Conditions of appointment
   123.    When person ceases to be authorised officer
   124.    Authorised officer identity card

           Division 3 - Powers of authorised officers

   125.    Powers of authorised officers
   126.    Powers of entry
   127.    General investigative powers of authorised officers
   128.    Power to make rectification order
   129.    Powers in emergency
   130.    Power to isolate electricity supply
   131.    Power to make safe
   132.    Power to require information

           Division 4 - Infringement notices

   133.    Infringement notices

           Division 5 - Legal proceedings

   134.    Limitation period for prosecutions

   PART 9 - Review of Decisions

           Division 1 - Administrative review of decisions

   135.    Interpretation of Part 9
   136.    Application for reasons for decision
   137.    Application for administrative review
   138.    Stay of operation of decision
   139.    Reference of application for mediation
   140.    Decision on application for administrative review of decision
   141.    Delegation of power to review

           Division 2 - Judicial review of administrative decision

   142.    Judicial review of administrative decision

   PART 10 - Financial Provisions

   143.    Costs of administration
   144.    Recovery of fees, fines and costs
   145.    Payments into electrical safety inspection service fund

   PART 11 - Offences

           Division 1 - Offences relating to in-scope electrical equipment

   146.    Offence to fail to comply with recall requirement
   147.    Supply level 1 in-scope electrical equipment
   148.    Supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment
   149.    Documentary evidence for level 1 in-scope electrical equipment
   150.    Documentary evidence for level 2 in-scope electrical equipment
   151.    Documentary evidence for level 3 in-scope electrical equipment
   152.    Offence for holder of suspended certificate to supply or offer in-scope electrical equipment
   153.    Offence to sell unregistered in-scope electrical equipment
   154.    Offence for person other than responsible supplier to supply or offer in-scope electrical equipment
   155.    Offence to supply unmarked in-scope electrical equipment
   156.    Offence to mark in-scope electrical equipment
   157.    Offence to offer in-scope electrical equipment for hire
   158.    Offence to supply second-hand equipment that is in-scope electrical equipment

           Division 2 - Offences generally

   159.    Offence not to comply with order, direction or determination
   160.    Offence to supply electricity to unsafe electrical installations
   161.    Unlawful interference with electricity infrastructure or electrical installations
   162.    Obligation not to interfere with regulated activities
   163.    Impersonation, obstruction of officials
   164.    False or misleading information
   165.    Confidentiality
   166.    Verification of information
   167.    Offences by bodies corporate
   168.    Continuing offence
   169.    Statutory declarations
   170.    General defence

   PART 12 - Miscellaneous

   171.    Exemptions
   172.    Extension of time limits
   173.    Immunity from personal liability
   174.    Evidence
   175.    Service of notices
   176.    Notices not statutory rules
   177.    Emergency legislation not affected
   178.    Regulations
   179.    Administration of Act
   180.    Savings and transitional provisions
   181.    Consequential amendments
   182.    Legislation repealed
           SCHEDULE 1
           SCHEDULE 2

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