(1)  A person must not carry out, or instruct any other person to carry out, any work within the safe envelope clearance for electricity infrastructure without –

(a) providing the electricity entity that owns the electricity infrastructure 7 days’ notice of the type of work intended to be performed; and

(b) obtaining, from the electricity entity, authority to undertake the work, including any relevant conditions on that work; and

(c) completing a written risk assessment of the work and the risk mitigation controls to be applied in respect of the work.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 150 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(2)  A person must not carry out, or instruct any other person to carry out, any work within the safe envelope clearance for an electrical installation without –

(a) providing the owner or operator of the electricity infrastructure 7 days’ notice of the type of work intended to be performed; and

(b) obtaining, from the owner or operator, authority to undertake the work, including any relevant conditions on that work; and

(c) completing a written risk assessment of the work and the risk mitigation controls to be applied in respect of the work.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 150 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.

(3)  It is a defence to a charge for an offence against subsection (1) or (2) if the defendant establishes that –

(a) the offence occurred in an emergency and it was not practicable to obtain the authority required by subsection (1) or (2) ; and

(b) the electricity entity, owner or operator was notified as soon as practicable after the work was commenced.

(4)  A person who carries out any work as mentioned in subsection (1) or (2) must not contravene –

(a) any requirements applicable to the work that are prescribed in the regulations or determined by the Director; or

(b) any reasonable requirements made by the electricity entity, owner or operator for the safety of the persons carrying out the work.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 150 penalty units; or

(b) an individual, a fine not exceeding 20 penalty units.