Tasmanian Numbered Acts

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ELECTRICITY SAFETY ACT 2022 (NO. 32 OF 2022) - SECT 3

Interpretation
In this Act, unless the contrary intention appears –
accepted means accepted by the Director;
aerial wiring system means an above-ground wiring system and includes conductors, insulators and support structures or other purpose-designed fittings;
alternative mark means an alternative mark approved by the Director under section 84 ;
authorised officer means a person currently appointed to be an authorised officer under Part 8 of this Act;
certificate of conformity means a certificate referred to in section 64 and issued by –
(a) the Director; or
(b) a regulatory authority; or
(c) an external certifier;
certificate of electrical compliance means a certificate in a form that complies with the requirements of the Occupational Licensing Act 2005 and that certifies that specified electrical work complies with that Act;
certificate of suitability means a certificate referred to in section 55 and issued by –
(a) the Director; or
(b) a regulatory authority; or
(c) an external certifier;
competent person means a person who has acquired, through training, qualification or experience, the knowledge and skill to enable the person to perform the relevant task;
consumer mains means those conductors between the point of supply and the main switchboard;
contractor has the same meaning as in the Occupational Licensing Act 2005 ;
controlled electrical equipment means electrical equipment determined to be controlled electrical equipment under section 54 ;
corresponding law means a law determined under section 50 ;
court means the Magistrates Court (Administrative Appeals Division);
de-energised means separated from all sources of supply but not necessarily isolated, earthed or out of commission;
defective , in respect of electrical equipment or any premises, electricity infrastructure, electrical installation, or part of any such premises, infrastructure or installation, means –
(a) not complying with applicable standards of prescribed electrical work, a determination or a code of practice; or
(b) in a dangerous condition through incompletion, degradation or damage; or
(c) determined not to be in accordance with the regulations;
Director means the Director of Electricity Safety appointed under section 8 ;
electrical equipment means the following:
(a) wiring systems, including aerial wiring systems;
(b) switchgear;
(c) control gear;
(d) appliances;
(e) accessories;
(f) luminaires;
(g) any other fittings used for the generation, conversion, storage, transmission, distribution or use of electrical energy –
and includes in-scope and out-of-scope electrical equipment manufactured and approved in accordance with the electrical equipment safety system;
electrical equipment safety system means the national model regulatory framework for improving consumer safety in interactions with household electrical equipment;
electrical installation means a set of wires and associated fittings, equipment and accessories installed in a place for the conveyance, control, protection, measurement, generation, storage or use of electricity, including anything prescribed by the regulations to be, or form part of, an electrical installation, whether or not it is connected to an electricity network at the point of supply, but does not include –
(a) electricity infrastructure owned or operated by an electricity entity; or
(b) anything prescribed by the regulations not to be, or form part of, an electrical installation;
electrical work has the meaning given by regulation 4 of the Occupational Licensing (Electrical Work) Regulations 2018 ;
electricity entity has the same meaning as in the Electricity Supply Industry Act 1995 ;
electricity infrastructure means any electrical equipment that is owned and operated by an electricity entity and used for the generation, transmission, distribution or storage of electricity;
energise means to connect to a source of electrical energy;
explosive atmosphere has the meaning given to it by AS/NZS 3000;
generation assets means any electrical equipment that is –
(a) owned by an electricity entity; and
(b) used for the generation of electricity; and
(c) connected to a network;
good industry practice means standards, practices, methods and procedures conforming to the law and the degree of skill and care, diligence, prudence and foresight which would reasonably and ordinarily be expected from a skilled and experienced person or body engaged in a similar type of undertaking under the same or similar circumstances;
hazardous area means an area in which an explosive atmosphere is, or may be expected to be, present at such a level as to require special precautions for the safe construction, installation and use of electrical equipment;
high voltage has the meaning given to it by AS/NZS 3000;
in-scope electrical equipment means electrical equipment that –
(a) operates at or within the low voltage range as defined in AS/NZS 3000; and
(b) is designed or marketed as suitable for household, personal or similar use –
but does not include electrical equipment of a type determined by the Director not to be in-scope electrical equipment;
isolate means to separate from all possible sources of electrical energy supply and render incapable of being energised unintentionally;
level 1 in-scope electrical equipment means in-scope electrical equipment that is prescribed to have a level 1 risk level (low risk);
level 2 in-scope electrical equipment means in-scope electrical equipment that is prescribed to have a level 2 risk level (medium risk);
level 3 in-scope electrical equipment means in-scope electrical equipment that is prescribed to have a level 3 risk level (high risk);
low voltage has the meaning given to it by AS/NZS 3000;
network means the electrical equipment that is owned and operated by an electricity entity and used for the transmission and distribution of electricity from generation assets to a consumer’s point of supply;
NZ body corporate means a body corporate registered under Part 2 of the Companies Act 1993 of New Zealand;
operator means a person who is engaged by an electricity entity or owner to operate and maintain electricity infrastructure or an electrical installation;
owner , in relation to premises, includes the following persons:
(a) in the case of a fee simple estate in land, the person in whom that estate is vested;
(b) in the case of land not registered under the Land Titles Act 1980 and subject to a mortgage, the person having, for the time being, the equity of redemption in that mortgage;
(c) in the case of premises held under a tenancy for life, the person who is the life tenant;
(d) in the case of premises held under a lease for a term of not less than 99 years or for a term of not less than such other prescribed period, the person who is the lessee of the premises;
(e) in the case of commercial premises held under a lease, for a term of less than 99 years, the person who is the lessee of the commercial premises;
(f) if the premises are Crown land, the Minister, authority or other person responsible for the management of the land;
(g) in the case of a transportable structure, vehicle or vessel, the registered owner of the structure, vehicle or vessel;
(h) any other person holding a prescribed interest in the premises;
PCBU means a person conducting a business or undertaking, in accordance with section 5 of the Work Health and Safety Act 2012 ;
point of supply means the point of demarcation of ownership between the electricity entity’s electricity infrastructure and the owner’s electrical installation;
premises means a place at which electricity is used and includes –
(a) a temporary or permanent building or structure; and
(b) a transportable structure, vehicle or vessel;
Register means the national register established under section 48D of the Electrical Safety Act 2002 of Queensland;
registered responsible supplier means a responsible supplier who is registered in the Register;
regulated activity see section 4 ;
regulatory compliance mark means a mark –
(a) that conforms with a prescribed standard; and
(b) that is applied in accordance with a prescribed standard;
related body corporate has the same meaning as in section 50 of the Corporations Act 2001 of the Commonwealth;
relevant standard means a standard prescribed to apply to a type of in-scope electrical equipment;
responsible person means –
(a) in relation to a workplace, the PCBU managing the work activities at that place; or
(b) in relation to premises where work is not being undertaken, the occupier or individual responsible for the premises; or
(c) in relation to an activity or premises under the management and control of a safety management system, the accepted manager of that safety management system; or
(d) any person prescribed as being responsible for reporting a serious electrical accident;
responsible supplier means a person who –
(a) manufactures in-scope electrical equipment in Australia or New Zealand, that is supplied or is offered for supply in Tasmania; or
(b) imports in-scope electrical equipment into Australia or New Zealand, that is supplied or offered for supply in Tasmania;
safe means complying with all appropriate standards, codes of practice and requirements of this Act;
safe envelope clearance means an exclusion (or restricted) zone associated with work in the vicinity of electricity infrastructure or an electrical installation;
safety and operational area means the area from the centreline of underground wiring or an aerial wiring system to a prescribed distance either side of that centreline;
safety management system means a validated safety management system accepted under section 93 ;
second-hand dealer has the same meaning as in the Second-Hand Dealers and Pawnbrokers Act 1994 ;
second-hand equipment means electrical equipment that has previously been supplied or sold, other than by wholesale, but does not include electrical equipment –
(a) acquired by the person for the purpose of using the equipment for a process of production or manufacture; or
(b) acquired by a person (other than a second-hand dealer) for the purpose of re-supply; or
(c) returned to a supplier for refund or exchange;
serious electrical accident means an accident involving –
(a) electrocution; or
(b) electric shock serious enough to cause temporary or permanent disability or to require medical treatment; or
(c) electricity that produces a burn serious enough to cause temporary or permanent disability or to require medical treatment; or
(d) an electrical failure that causes significant damage to electrical equipment or property;
underground wiring means a system of wiring in which cables are buried below the ground surface either directly or in a wiring enclosure;
unsafe means defective and posing an immediate risk of electric shock or fire;
vegetation clearance space means the minimum vegetation clearance space determined under section 35 ;
work means construction, demolition, maintenance or repair activities on land or premises whether performed by a PCBU or the owner or occupier of the land or premises.



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