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This is a Bill, not an Act. For current law, see the Acts databases.
Electricity Safety Amendment (Electrical
Equipment Safety Scheme) Act 2018
No. of 2018
TABLE OF PROVISIONS
Clause Page
Part 1--Preliminary 1
1 Purposes 1
2 Commencement 2
3 Principal Act 2
Part 2--Electricity Safety Act 1998 3
4 Definitions 3
5 Functions of Energy Safe Victoria 3
6 Sections 54, 55, 57, 58, 59, 60, 61 and 62 repealed 3
7 New Divisions 1, 2, 3, 4 and 5 inserted 3
8 New Division 6 heading inserted 30
9 Prohibition of supply of electrical equipment 31
10 New Division 7 inserted 32
11 Applications to review 47
12 Definition 47
13 Infringement penalties 48
14 Equipment safety 48
15 General regulation making powers 50
16 Transitional provisions 50
Part 3--Energy Safe Victoria Act 2005 54
17 New section 7B inserted 54
Part 4--Repeal of amending Act 56
18 Repeal of amending Act 56
═══════════════
Endnotes 57
1 General information 57
i
Electricity Safety Amendment
(Electrical Equipment Safety Scheme)
Act 2018
No. of 2018
[Assented to ]
The Parliament of Victoria enacts:
Part 1--Preliminary
1 Purposes
The main purposes of this Act are--
(a) to amend the Electricity Safety Act 1998--
(i) to provide for the regulation of the
supply of in-scope electrical equipment;
and
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Electricity Safety Amendment (Electrical Equipment Safety Scheme)
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Part 1--Preliminary
(ii) to provide for the regulation of
responsible suppliers registered in the
register established under the Electrical
Safety Act 2002 of Queensland; and
(iii) to further provide for the regulation of
the supply of electrical equipment; and
(iv) to make other minor and consequential
amendments to Part 4; and
(b) to make amendments to the Energy Safe
Victoria Act 2005 to provide for the use and
disclosure of information by Energy Safe
Victoria.
2 Commencement
This Act comes into operation on a day or days
to be proclaimed.
3 Principal Act
In this Act, the Electricity Safety Act 1998 is
called the Principal Act.
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4 Definitions
In section 3 of the Principal Act, for the definition
of supply substitute--
"supply includes supply (including re-supply)
by--
(a) sale or an arrangement, exchange,
lease, hire or hire-purchase; or
(b) causing or permitting to be sold;".
5 Functions of Energy Safe Victoria
For section 7(c) of the Principal Act substitute--
"(c) to inspect and test electrical equipment,
in-scope electrical equipment or electrical
installations and electrical work for
compliance with the standards prescribed
or relevant standards;".
6 Sections 54, 55, 57, 58, 59, 60, 61 and 62 repealed
Sections 54, 55, 57, 58, 59, 60, 61 and 62 of the
Principal Act are repealed.
7 New Divisions 1, 2, 3, 4 and 5 inserted
After the heading to Part 4 of the Principal Act
insert--
"Division 1--Preliminary
50 Definitions
In this Part--
alternative mark means a mark approved
by Energy Safe Victoria under
section 62W;
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certificate of conformity means a certificate
that has the same meaning given by
section 62C and is issued by--
(a) Energy Safe Victoria; or
(b) a regulatory authority; or
(c) an external certifier;
certificate of suitability means a certificate
that has the same meaning given by
section 56 and is issued by--
(a) Energy Safe Victoria; or
(b) a regulatory authority; or
(c) an external certifier;
chief executive means the chief executive
responsible for the administration of
the Electrical Safety Act 2002 of
Queensland;
controlled electrical equipment means
electrical equipment declared under
section 55;
corresponding law means a law declared
under section 51;
external certifier means a person or body
approved by a regulatory authority
under a corresponding law to issue a
certificate of conformity or a certificate
of suitability;
group means items or components of
in-scope electrical equipment that--
(a) have the same basic electrical
characteristics and material
composition but may differ in
dimension, colour or other
aspects; and
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(b) in respect to the relevant standard
for the type of in-scope electrical
equipment, one or more related
test reports apply to the items or
components;
in-scope electrical equipment means
electrical equipment that--
(a) operates at or within a prescribed
voltage range; and
(b) is designed or marketed as
suitable for household, personal
or similar use--
but does not include electrical
equipment of a type that is declared
under section 53 not to be in-scope
electrical equipment;
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);
NZ body corporate means a body corporate
registered under Part 2 of the
Companies Act 1993 of New Zealand;
prohibition notice means a notice issued
under section 63;
recall notice means a notice issued under
section 65;
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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;
regulatory authority means a person or
body that under a corresponding law of
another jurisdiction is responsible for
the monitoring or enforcement of
compliance with that law within that
jurisdiction;
regulatory compliance mark means a
mark--
(a) that conforms with a prescribed
standard; and
(b) is applied in accordance with a
prescribed standard;
related body corporate has the same
meaning as in section 50 of the
Corporations Act;
relevant standard means a standard
prescribed to apply to a type of
in-scope electrical equipment;
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 Victoria; or
(b) imports in-scope electrical
equipment into Australia or
New Zealand, that is supplied or
offered for supply in Victoria;
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second-hand dealer has the meaning it has
in the Second-Hand Dealers and
Pawnbrokers Act 1989;
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.
51 Minister may declare corresponding law
(1) The Minister may, by notice in the
Government Gazette, declare a law of
another State or a Territory or of New
Zealand to be a corresponding law.
(2) The Minister may make a declaration under
subsection (1) if the law--
(a) is a law relating to the supply of
electrical equipment; and
(b) substantially corresponds to this Part.
52 No double jeopardy
A person is not liable to be punished for an
act or omission that is an offence against this
Part if--
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(a) the act or omission is also an offence
against a corresponding law; and
(b) the person has been punished for the
offence under the corresponding law.
53 Declaration of electrical equipment to not
be in-scope electrical equipment
(1) Energy Safe Victoria, by notice published
in the Government Gazette, may declare
an item, type or component of electrical
equipment not to be in-scope electrical
equipment.
(2) A declaration under subsection (1) must be
published in the Government Gazette.
54 Standards for electrical equipment that is
not in-scope electrical equipment
A person must not supply or offer to supply
electrical equipment that is not in-scope
electrical equipment unless the electrical
equipment--
(a) satisfies the standard prescribed for
electrical equipment of the type of
electrical equipment to which it
belongs; and
(b) is safe to be connected to an electricity
supply.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
55 Declaration of electrical equipment to be
controlled electrical equipment
(1) Energy Safe Victoria may declare that an
item, description, type or component of
electrical equipment, that is not in-scope
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electrical equipment, is controlled electrical
equipment.
(2) A declaration made under subsection (1)
takes effect on the date specified in the
notice.
(3) A person must not supply or offer to supply
controlled electrical equipment unless the
electrical equipment--
(a) is the subject of a certificate of
conformity issued by Energy Safe
Victoria that has not expired or been
cancelled or suspended and is marked
as prescribed; or
(b) is the subject of a certificate of
conformity issued by a regulatory
authority that has not expired or been
cancelled or suspended and is marked
as prescribed; or
(c) is the subject of a certificate of
conformity issued by an external
certifier that has not expired or been
cancelled or suspended and is marked
as prescribed.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
Division 2--Certificate of suitability
56 Meaning of certificate of suitability
A certificate of suitability means a certificate
certifying that the relevant--
(a) level 1 in-scope electrical equipment is
safe to use, safe to supply and satisfies
the relevant standard; or
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(b) level 2 in-scope electrical equipment is
safe to use, safe to supply and satisfies
the relevant standard; or
(c) electrical equipment, that is not
controlled electrical equipment or
in-scope electrical equipment, is safe to
use, safe to supply and satisfies the
standard prescribed for that electrical
equipment.
57 Application for certificate of suitability of
electrical equipment
(1) A person may apply to Energy Safe Victoria
for a certificate of suitability in relation to--
(a) an item, group or component of level 1
in-scope electrical equipment; or
(b) an item, group or component of level 2
in-scope electrical equipment; or
(c) an item, group or component of
electrical equipment, that is not
controlled electrical equipment or
in-scope electrical equipment.
(2) An application under subsection (1) must--
(a) be accompanied--
(i) by a test report from an approved
laboratory; and
(ii) by a sample of the electrical
equipment or colour images
showing the internal and external
construction of the electrical
equipment; and
(iii) by technical documentation which
adequately describes the electrical
equipment; and
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(b) be accompanied by the prescribed fee
(if any); and
(c) be accompanied by any other document
or information reasonably required by
Energy Safe Victoria.
(3) Energy Safe Victoria may require the
applicant to provide--
(a) a sample of the electrical equipment
if colour images provided are not
adequate; or
(b) additional information about the
electrical equipment.
(4) Energy Safe Victoria may exempt the
applicant from the requirement to provide
any of the items referred to in subsection
(2)(a) or (b) if Energy Safe Victoria is of the
opinion that it is not necessary for any of
those items to be provided.
58 Consideration of application for
certificate of suitability
(1) After considering an application made under
section 57, Energy Safe Victoria must--
(a) issue a certificate of suitability; or
(b) issue a certificate of suitability subject
to the carrying out of any specified
modifications; or
(c) refuse to issue a certificate of
suitability.
(2) If Energy Safe Victoria makes a decision
under subsection (1)(b), the certificate does
not apply to the electrical equipment unless
those modifications are made.
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(3) If Energy Safe Victoria makes a decision
under subsection (1)(c), Energy Safe
Victoria must notify the applicant in writing
of that decision and provide reasons for the
decision.
59 Term of certificate of suitability
A certificate of suitability is issued for the
term, not exceeding 5 years, specified in the
certificate unless it is sooner suspended or
cancelled.
60 Variation of certificate of suitability
(1) The holder of a certificate of suitability
issued by Energy Safe Victoria may apply to
Energy Safe Victoria to vary the certificate.
(2) Energy Safe Victoria may vary a certificate
of suitability it has issued--
(a) on the application of the holder of
the certificate of suitability under
subsection (1); or
(b) of its own motion.
61 Suspension of certificate of suitability
(1) Energy Safe Victoria may, by written
notice given to the holder of a certificate
of suitability it has issued, suspend the
certificate for a specified period if Energy
Safe Victoria is of the opinion that--
(a) in the case of a certificate issued in
respect of level 1 in-scope electrical
equipment--
(i) the electrical equipment no
longer satisfies the relevant
standard that applies to the
electrical equipment; or
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(ii) the electrical equipment is or is
likely to become dangerous in
normal use as a result of the
design or construction of the
electrical equipment; or
(b) in the case of a certificate issued in
respect of level 2 in-scope electrical
equipment--
(i) the electrical equipment no
longer satisfies the relevant
standard that applies to the
electrical equipment; or
(ii) the electrical equipment is or is
likely to become dangerous in
normal use as a result of the
design or construction of the
electrical equipment; or
(c) in the case of a certificate issued in
respect of an item, group or component
of electrical equipment that is not
controlled electrical equipment or
in-scope electrical equipment--
(i) the electrical equipment no
longer satisfies the standard
prescribed that applies to the
electrical equipment; or
(ii) the electrical equipment is or is
likely to become dangerous in
normal use as a result of the
design or construction of the
electrical equipment.
(2) The suspension of a certificate of suitability
takes effect on the service of the notice.
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(3) Energy Safe Victoria must lift the suspension
of a certificate of suitability immediately, if
Energy Safe Victoria is satisfied that the
grounds for the suspension no longer exist.
62 Cancellation of certificate of suitability
(1) Energy Safe Victoria may at any time cancel
a certificate of suitability it has issued, by
giving written notice to the person to whom
the certificate of suitability was issued.
(2) The notice must state--
(a) the reasons for the cancellation of the
certificate of suitability; and
(b) the date of the cancellation of the
certificate of suitability.
(3) A copy of a notice under subsection (1)
must be published on Energy Safe Victoria's
Internet site.
62A Certificate of suitability issued by
regulatory authority or an external
certifier taken to be issued by Energy Safe
Victoria
For the purposes of section 62B, a current
certificate of suitability or a certificate
that certifies similar matters issued by a
regulatory authority or an external certifier is
taken to be a certificate of suitability issued
by Energy Safe Victoria.
62B Suspension of certificate of suitability
issued by regulatory authority or external
certifier by Energy Safe Victoria
(1) Energy Safe Victoria, by written notice given
to the holder of a certificate of suitability,
may suspend the certificate of suitability
issued by a regulatory authority or an
external certifier for a specified period if
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Energy Safe Victoria is of the opinion the
electrical equipment in respect of which the
certificate of suitability was issued--
(a) does not satisfy the relevant standard
or the standard prescribed; or
(b) is or is likely to become dangerous
in normal use as a result of the design
or construction of the electrical
equipment.
(2) A suspension under subsection (1) may be
made in respect of--
(a) an item, group or component of level 1
in-scope electrical equipment; or
(b) an item, group or component of level 2
in-scope electrical equipment; or
(c) an item, group or component of
electrical equipment, that is not
controlled electrical equipment or
in-scope electrical equipment.
(3) If a certificate of suitability is suspended
under subsection (1), Energy Safe Victoria
must notify the regulatory authority or the
external certifier that issued the certificate of
suitability of that suspension.
(4) If Energy Safe Victoria is of the opinion that
the reason for the suspension of a certificate
of suitability no longer exists, Energy Safe
Victoria must lift the suspension
immediately.
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Division 3--Certificate of conformity
62C Meaning of certificate of conformity
A certificate of conformity means a
certificate certifying that the relevant--
(a) controlled electrical equipment is safe
to use, safe to supply and satisfies the
standard prescribed that applies to that
electrical equipment; or
(b) level 3 in-scope electrical equipment is
safe to use, safe to supply and satisfies
the relevant standard that applies to that
electrical equipment.
62D Application for certificate of conformity
(1) A person may apply to Energy Safe Victoria
for a certificate of conformity in relation
to--
(a) an item, group or component of
controlled electrical equipment; or
(b) an item, group or component of level 3
in-scope electrical equipment.
(2) An application under subsection (1) must--
(a) be accompanied--
(i) by a test report from an approved
laboratory; and
(ii) by a sample of the electrical
equipment or colour images
showing the internal and external
construction of the electrical
equipment; and
(iii) by technical documentation which
adequately describes the electrical
equipment; and
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(b) be accompanied by the prescribed fee
(if any).
(3) Energy Safe Victoria may require the
applicant to provide--
(a) a sample of the electrical equipment
if the colour images provided are not
adequate; or
(b) additional information about the
electrical equipment.
(4) Energy Safe Victoria may exempt the
applicant from the requirement to provide
any of the items referred to in subsection
(2)(a) or (b) if Energy Safe Victoria is of the
opinion that it is not necessary for any of
those items to be provided.
62E Consideration of application for a
certificate of conformity
(1) After considering an application made under
section 62D, Energy Safe Victoria must--
(a) issue a certificate of conformity; or
(b) issue a certificate of conformity subject
to the carrying out of any specified
modifications; or
(c) refuse to issue a certificate of
conformity.
(2) If Energy Safe Victoria makes a decision
under subsection (1)(b), the certificate
does not apply to the controlled electrical
equipment or the level 3 in-scope electrical
equipment unless those modifications are
made.
(3) If Energy Safe Victoria makes a decision
under subsection (1)(c), Energy Safe
Victoria must notify the applicant in writing
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of that decision and provide reasons for the
decision.
62F Term of certificate of conformity
A certificate of conformity is issued for the
term, not exceeding 5 years, specified in the
certificate unless it is sooner suspended or
cancelled.
62G Variation of certificate of conformity
(1) The holder of a certificate of conformity
issued by Energy Safe Victoria may apply to
Energy Safe Victoria to vary the certificate.
(2) Energy Safe Victoria may vary a certificate
of conformity--
(a) on the application of the holder of
the certificate of conformity under
subsection (1); or
(b) of its own motion; or
(c) on being satisfied that the
modifications required by a notice
given under section 62J(1) have been
made to the electrical equipment that
is the subject of the certificate of
conformity.
62H Re-examination
Energy Safe Victoria may at any time require
any controlled electrical equipment or level 3
in-scope electrical equipment that is the
subject of a certificate of conformity it has
issued to be re-examined or tested by Energy
Safe Victoria.
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62I Suspension of certificate of conformity
(1) Energy Safe Victoria may, by written notice
given to the holder of a certificate, suspend a
certificate of conformity it has issued if
Energy Safe Victoria is of the opinion that--
(a) in the case of controlled electrical
equipment--
(i) the electrical equipment no
longer satisfies the standard
prescribed that applies to the
electrical equipment; or
(ii) the electrical equipment is or is
likely to become dangerous in
normal use as a result of the
design or construction of the
electrical equipment; or
(b) in the case of level 3 in-scope electrical
equipment--
(i) the electrical equipment no longer
satisfies the relevant standard that
applies to the electrical
equipment; or
(ii) the electrical equipment is or is
likely to become dangerous in
normal use as a result of the
design or construction of the
electrical equipment.
(2) The suspension of a certificate of conformity
takes effect on the service of the notice.
(3) Energy Safe Victoria must lift the suspension
of a certificate of conformity immediately, if
Energy Safe Victoria is satisfied--
(a) that the grounds for the suspension no
longer exist; and
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(b) any modifications required by a notice
given under section 62J(1) have been
made.
62J Modifications after issue of certificate of
conformity
(1) If a certificate of conformity is suspended
under section 62I, Energy Safe Victoria may,
by written notice given to the holder of the
certificate, require that modifications be
made to the equipment that is the subject of
the certificate.
(2) A person to whom a notice is given under
subsection (1) must not supply or offer to
supply the electrical equipment that is the
subject of the certificate of conformity unless
the suspension of the certificate has been
lifted in accordance with section 62I(3).
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
62K Cancellation of certificate of conformity
(1) Energy Safe Victoria may at any time cancel
a certificate of conformity it has issued, by
written notice given to the person to whom
the certificate of conformity was issued.
(2) The notice must state the reasons for the
cancellation of the certificate of conformity.
(3) A copy of a notice under subsection (1)
must be published on Energy Safe Victoria's
Internet site.
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62L Certificate of conformity issued by
regulatory authority or an external
certifier--taken to be issued by Energy
Safe Victoria
For the purposes of section 62M, a
current certificate of conformity issued by
a regulatory authority or an external certifier
is taken to be a certificate of conformity
issued by Energy Safe Victoria.
62M Suspension of certificate of conformity
issued by regulatory authority or external
certifier by Energy Safe Victoria
(1) Energy Safe Victoria, by written notice given
to the holder of a certificate of conformity,
may suspend a certificate of conformity
issued by a regulatory authority or an
external certifier for a specified period if
Energy Safe Victoria is of the opinion that
the electrical equipment in respect of which
the certificate of conformity was issued--
(a) does not satisfy the relevant standard
or the standard prescribed; or
(b) is or is likely to become dangerous in
normal use as a result of the design or
construction of the electrical
equipment.
(2) A suspension under subsection (1) may be
made in respect of--
(a) an item, group or component of
controlled electrical equipment; or
(b) an item, group or component of level 3
in-scope electrical equipment.
(3) If a certificate of conformity is suspended
under subsection (1), Energy Safe Victoria
must notify the regulatory authority or the
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external certifier that issued the certificate of
conformity of that suspension.
(4) If Energy Safe Victoria is of the opinion that
the reason for the suspension of a certificate
of conformity no longer exists, Energy Safe
Victoria must lift the suspension
immediately.
Division 4--Registration of
responsible supplier
62N Responsible supplier in Victoria
registered in the Register
(1) A responsible supplier who is registered
in the Register is taken to be a registered
responsible supplier for the purposes of this
Part.
(2) Subsection (1) does not apply to a
responsible supplier whose registration has
been cancelled under section 62U.
(3) If a responsible supplier has registered
in the Register level 2 in-scope electrical
equipment or level 3 in-scope electrical
equipment, the responsible supplier is taken
to have registered that electrical equipment
for the purposes of this Part.
62O Recording, amendment or removal of a
matter on the Register
Energy Safe Victoria may request that the
chief executive--
(a) amend or remove a matter that appears
on the Register; or
(b) record a matter in the Register.
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62P Application for exemption of registered
responsible supplier or in-scope electrical
equipment
(1) A person may apply to Energy Safe Victoria
for an exemption under section 62Q in
relation to--
(a) an item of in-scope electrical
equipment; or
(b) a type of in-scope electrical equipment;
or
(c) a component of in-scope electrical
equipment; or
(d) a group of in-scope electrical
equipment; or
(e) a requirement that applies to
a responsible supplier under
section 67B(2), 67C(2) or 67D(2).
(2) An application under subsection (1) must--
(a) contain details of--
(i) the exemption requested; and
(ii) the reasons for the exemption; and
(iii) the applicant's name, telephone
number, business and postal
address; and
(b) be accompanied by any relevant
technical information.
62Q Exemption for registered responsible
supplier or in-scope electrical equipment
(1) Energy Safe Victoria may, by notice
published in the Government Gazette,
exempt a type of in-scope electrical
equipment from--
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(a) a requirement of a relevant standard; or
(b) a requirement related to the regulatory
compliance mark.
(2) Energy Safe Victoria may, by notice
in writing given to an applicant under
section 62P, exempt in-scope electrical
equipment registered to a registered
responsible supplier from--
(a) a requirement of a relevant standard; or
(b) a requirement related to the regulatory
compliance mark.
(3) Energy Safe Victoria may, by notice
in writing given to an applicant under
section 62P, exempt a responsible supplier
from a requirement to supply--
(a) the relevant documentary evidence
referred to in section 67B(2); or
(b) the relevant documentary evidence or
a certificate of suitability referred to in
section 67C(2); or
(c) a certificate of conformity referred to
in section 67D(2).
(4) Energy Safe Victoria may grant an
exemption--
(a) on the application of a person under
section 62P; or
(b) of its own motion.
(5) Energy Safe Victoria may impose any
conditions that must be complied with to
maintain an exemption granted under
subsection (1), (2) or (3).
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(6) Energy Safe Victoria may, at any time, by
notice published in the Government Gazette,
vary or revoke an exemption.
(7) If an exemption has been granted on
application by a person under section 62P,
Energy Safe Victoria must notify the
applicant in writing of any variation or
revocation of the exemption.
(8) An exemption granted by a regulatory
authority under a corresponding law for a
matter that substantially corresponds to a
matter referred to in subsection (1), (2) or (3)
is taken to be an exemption granted by ESV.
62R Grounds for cancellation of registration of
responsible supplier
(1) This section applies to a registered
responsible supplier who supplies or offers
to supply or supplied in-scope electrical
equipment in Victoria.
(2) The grounds for which Energy Safe Victoria
may cancel the registration of the registered
responsible supplier are any of the
following--
(a) the registered responsible supplier
requests cancellation of their
registration;
(b) the registered responsible supplier has
been convicted of an offence against
this Part or the regulations applying
under this Part;
(c) the registered responsible supplier
contravenes a prohibition notice or a
recall notice;
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(d) the registered responsible supplier
obtained registration in the Register
by fraud or misrepresentation or the
concealment of facts or making a false
declaration;
(e) the registration of level 2 in-scope
electrical equipment or level 3 in-scope
electrical equipment registered by the
registered responsible supplier is
cancelled under section 62U.
62S Grounds for cancellation of registration of
level 2 in-scope electrical equipment or
level 3 in-scope electrical equipment
(1) This section applies to level 2 in-scope
electrical equipment or level 3 in-scope
electrical equipment registered to a
registered responsible supplier if that
equipment is supplied or offered for supply
or was previously supplied or previously
offered for supply in Victoria by the
registered responsible supplier.
(2) Energy Safe Victoria may cancel the
registration of electrical equipment to which
this section applies on any of the following
grounds--
(a) the registered responsible supplier
requests cancellation of the registration
of the relevant equipment;
(b) the registered responsible supplier is
convicted of an offence against this Part
or the regulations applying under this
Part;
(c) the registered responsible supplier
contravenes a requirement of a
prohibition notice or a recall notice;
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(d) the registered responsible supplier
registered the relevant equipment by
fraud or misrepresentation or the
concealment of facts or making a
false declaration;
(e) the electrical equipment--
(i) did not satisfy the relevant
standard at the time that the
electrical equipment was
registered to the registered
responsible supplier; or
(ii) no longer satisfies the relevant
standard that applies to that kind
of electrical equipment; or
(iii) is the subject of a certificate
of suitability or a certificate of
conformity that is suspended, has
been cancelled or has expired; or
(iv) is or is likely to become dangerous
in normal use.
62T Show cause notice
(1) Energy Safe Victoria may, by post, serve a
registered responsible supplier a written
notice requiring the registered responsible
supplier to show cause why the relevant
registration should not be cancelled if
Energy Safe Victoria believes--
(a) a ground under section 62R exists; or
(b) a ground under section 62S exists in
relation to the registration of level 2
in-scope electrical equipment or level 3
in-scope electrical equipment.
Note
See section 49 of the Interpretation of Legislation
Act 1984 for service by post.
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(2) A notice served under subsection (1) must--
(a) state each ground in respect of which
Energy Safe Victoria has formed the
opinion that a ground exists under
section 62R or 62S to cancel the
relevant registration; and
(b) specify the facts and circumstances that
Energy Safe Victoria believes form the
basis of the ground; and
(c) state the time period within which the
registered responsible supplier must
respond, that time period being not less
than--
(i) in the case of the registration of a
responsible supplier--28 days
from the date of service of the
notice; or
(ii) in the case of the registration of
equipment--14 days from the date
of service of the notice; and
(d) state the consequences for the
registered responsible supplier of not
responding to the notice.
62U Cancellation of registration by Energy
Safe Victoria
(1) Energy Safe Victoria may do one of or a
combination of the following--
(a) cancel the registration of a registered
responsible supplier;
(b) cancel the registration of level 2
in-scope electrical equipment registered
to a registered responsible supplier;
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(c) cancel the registration of level 3
in-scope electrical equipment registered
to a registered responsible supplier.
(2) Before making a decision under subsection
(1) to cancel a registration, Energy Safe
Victoria must--
(a) serve on the registered responsible
supplier a show cause notice under
section 62T(1); and
(b) consider--
(i) each submission made by the
registered responsible supplier in
response to the show cause notice;
and
(ii) any reasons given by the
registered responsible supplier
why the registration should not be
cancelled.
(3) On the cancellation of the registration--
(a) under subsection (1)(a)--the
responsible supplier ceases to be
registered for the purposes of this Part;
or
(b) under subsection (1)(b)--the level 2
in-scope electrical equipment ceases to
be registered for the purposes of this
Part; or
(c) under subsection (1)(c)--the level 3
in-scope electrical equipment ceases to
be registered for the purposes of this
Part.
(4) If Energy Safe Victoria makes a decision
under subsection (1), Energy Safe Victoria
must notify the cancellation to--
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(a) the registered responsible supplier; and
(b) the chief executive.
62V Evidence of registration and registered
matters
(1) A certificate that appears to be signed by
the chief executive and states a matter that
appears in the Register, is evidence of the
matter.
(2) A certificate under subsection (1) may state
a matter by reference to a date or period.
(3) A court must accept a certificate mentioned
in this section as proof of the matters stated
in it if there is no evidence to the contrary.
Division 5--Alternative mark to
regulatory compliance mark
62W Approval of alternative mark to
regulatory compliance mark
Energy Safe Victoria may approve an
alternative mark for in-scope electrical
equipment if Energy Safe Victoria believes
the regulatory compliance mark applying to
that in-scope electrical equipment is not
appropriate in the circumstances.".
8 New Division 6 heading inserted
Before section 63 of the Principal Act insert--
"Division 6--Prohibition of supply and
recall of electrical equipment".
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9 Prohibition of supply of electrical equipment
In section 63 of the Principal Act--
(a) for subsection (3) substitute--
"(3) Energy Safe Victoria may exercise a
power of prohibition under this section
if Energy Safe Victoria has reasonable
grounds to believe that--
(a) in the case of in-scope electrical
equipment--the electrical
equipment does not satisfy the
relevant standard; or
(b) in the case of electrical equipment
that is not in-scope electrical
equipment--the electrical
equipment does not satisfy the
standard prescribed in respect of
that electrical equipment; or
(c) in any case--the specified
electrical equipment is likely to
become unsafe to use because of
its design or construction.";
(b) for subsection (6) substitute--
"(6) This section applies whether or not the
electrical equipment was--
(a) controlled electrical equipment; or
(b) issued with a certificate of
suitability; or
(c) issued with a certificate of
conformity; or
(d) issued a certificate by a regulatory
authority; or
(e) issued a certificate by an external
certifier.".
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10 New Division 7 inserted
After section 66 of the Principal Act insert--
"Division 7--Offences
67 Offence--supply level 2 in-scope electrical
equipment or level 3 in-scope electrical
equipment
(1) A responsible supplier must not supply or
offer to supply level 2 in-scope electrical
equipment or level 3 in-scope electrical
equipment to a person, except in accordance
with subsection (2), (3) or (4).
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
(2) A responsible supplier may supply or offer to
supply level 2 in-scope electrical equipment
or level 3 in-scope electrical equipment if--
(a) the responsible supplier--
(i) is a registered responsible supplier
for the purposes of this Part; or
(ii) supplies or offers to supply the
electrical equipment with the
approval of Energy Safe Victoria;
and
(b) the level 2 in-scope electrical
equipment or the level 3 in-scope
electrical equipment--
(i) is registered in the Register as
electrical equipment supplied
by the registered responsible
supplier; or
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(ii) is comprised of 2 or more
components or types of in-scope
electrical equipment permanently
attached to the electrical
equipment and the electrical
equipment is registered as one
item; or
(iii) in the case of level 3 in-scope
electrical equipment, the electrical
equipment is an item of prescribed
in-scope electrical equipment and
is for use with an item of level 1
in-scope electrical equipment,
level 2 in-scope electrical
equipment or level 3 in-scope
electrical equipment; or
(iv) is supplied or offered for supply,
with the approval of Energy Safe
Victoria; and
(c) the level 2 in-scope electrical
equipment or the level 3 in-scope
electrical equipment complies with the
relevant standard that applied to the
electrical equipment on its registration
by the registered responsible supplier;
and
(d) the level 2 in-scope electrical
equipment or the level 3 in-scope
electrical equipment is safe to be
connected to an electricity supply.
(3) A responsible supplier may supply or offer to
supply level 2 in-scope electrical equipment
or level 3 in-scope electrical equipment if--
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(a) the person who supplied the electrical
equipment to the responsible supplier is
registered under a corresponding law of
New Zealand; and
(b) the electrical equipment at the time
of its importation was registered as
being supplied by the person under a
corresponding law of New Zealand;
and
(c) the electrical equipment complies with
the relevant standard that applied to the
electrical equipment on its registration
under a corresponding law of New
Zealand by the person; and
(d) the electrical equipment is safe to be
connected to an electricity supply.
(4) A responsible supplier may supply or offer to
supply level 2 in-scope electrical equipment
or level 3 in-scope electrical equipment
imported by the responsible supplier from a
body corporate outside of Australia if--
(a) the responsible supplier is a related
body corporate of a NZ body corporate;
and
(b) the NZ body corporate is a registered
responsible supplier; and
(c) the electrical equipment is registered
in the Register as electrical equipment
supplied by the NZ body corporate; and
(d) the electrical equipment complies with
the relevant standard that applied to the
electrical equipment on its registration
under a corresponding law of New
Zealand by the NZ body corporate; and
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(e) the electrical equipment is safe to be
connected to an electricity supply.
67A Offence--supply level 1 in-scope electrical
equipment
(1) A responsible supplier must not supply or
offer to supply level 1 in-scope electrical
equipment to a person, except in accordance
with subsection (2), (3) or (4).
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
(2) A responsible supplier may supply or offer to
supply level 1 in-scope electrical equipment
if--
(a) the responsible supplier--
(i) is a registered responsible
supplier; or
(ii) supplies or offers for supply the
electrical equipment, with the
approval of Energy Safe Victoria;
and
(b) the responsible supplier--
(i) is the manufacturer of the
electrical equipment and, at the
time the electrical equipment was
manufactured, the electrical
equipment complied with the
relevant standard; or
(ii) is the importer of the electrical
equipment and, at the time the
electrical equipment was imported
into a State or Territory or New
Zealand, the electrical equipment
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complied with the relevant
standard; or
(iii) supplies or offers for supply the
electrical equipment, with the
approval of Energy Safe Victoria;
and
(c) the level 1 in-scope electrical
equipment is safe to be connected to an
electricity supply.
(3) A responsible supplier may supply or offer to
supply level 1 in-scope electrical equipment
if--
(a) the person who supplied the electrical
equipment to the responsible supplier is
registered under a corresponding law of
New Zealand; and
(b) the electrical equipment at the time
of its importation, was registered as
being supplied by the person who
supplied the electrical equipment to
the responsible supplier under a
corresponding law of New Zealand;
and
(c) the electrical equipment at the time of
its importation or manufacture complies
with the relevant standard that applied
to the electrical equipment on its
registration under a corresponding law
of New Zealand by the person; and
(d) the electrical equipment is safe to be
connected to an electricity supply.
(4) A responsible supplier may supply or offer to
supply level 1 in-scope electrical equipment
imported by the responsible supplier from a
body corporate outside of Australia if--
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(a) the responsible supplier is a related
body corporate of a NZ body corporate;
and
(b) the NZ body corporate is a registered
responsible supplier; and
(c) the electrical equipment is registered in
the Register as electrical equipment
supplied by the NZ body corporate; and
(d) the electrical equipment at the time of
its importation complies with the
relevant standard that applied to the
electrical equipment on its registration
under a corresponding law of New
Zealand by the NZ body corporate; and
(e) the electrical equipment is safe to be
connected to an electricity supply.
67B Offence--documentary evidence level 1
in-scope electrical equipment
(1) Energy Safe Victoria may request a
responsible supplier, who at any time during
the relevant period has supplied or offered to
supply level 1 in-scope electrical equipment,
to provide the relevant documentary
evidence for the electrical equipment.
(2) The responsible supplier must, within
10 business days after a request under
subsection (1), supply that relevant
documentary evidence.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
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(3) For the purposes of this section, the relevant
documentary evidence is--
(a) documentary evidence, in English,
that the level 1 in-scope electrical
equipment satisfied the relevant
standard--
(i) in the case of a responsible
supplier who is the manufacturer
of the electrical equipment--that
applied to the electrical equipment
on its manufacture; or
(ii) in the case of a responsible
supplier who is the person
who imported the electrical
equipment--that applied on the
importation of the electrical
equipment; or
(b) a certificate of suitability in respect
of the level 1 in-scope electrical
equipment.
(4) Subsection (2) does not apply if--
(a) the person who supplied the level 1
in-scope electrical equipment to the
responsible supplier is registered under
a corresponding law of New Zealand;
and
(b) the electrical equipment at the time
of its importation was registered as
being supplied by the person who
supplied the electrical equipment to
the responsible supplier under a
corresponding law of New Zealand.
(5) Subsection (2) does not apply to a
responsible supplier who supplied level 1
in-scope electrical equipment imported from
a body corporate outside of Australia if--
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(a) the responsible supplier is a related
body corporate of a NZ body corporate;
and
(b) the NZ body corporate is a registered
responsible supplier; and
(c) the electrical equipment is registered in
the Register as electrical equipment
supplied by the NZ body corporate.
(6) In this section, relevant period in relation
to level 1 in-scope electrical equipment
means a period of 5 years from the date
the electrical equipment is supplied by a
responsible supplier.
67C Offence--documentary evidence level 2
in-scope electrical equipment
(1) Energy Safe Victoria may request a
responsible supplier, who at any time
during the relevant period has supplied or
offered to supply level 2 in-scope electrical
equipment registered in the Register as
electrical equipment supplied by the
responsible supplier, to provide the relevant
documentary evidence for the electrical
equipment.
(2) The responsible supplier must within
10 business days after a request under
subsection (1) supply the relevant
documentary evidence.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
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(3) For the purposes of this section, the relevant
documentary evidence is--
(a) a compliance folder in English, that
includes test reports completed by a
prescribed testing body or a prescribed
person, that is evidence that the
electrical equipment satisfied the
relevant standard at the date of
registration of the electrical equipment
by the responsible supplier; or
(b) a certificate of suitability in respect of
the electrical equipment.
(4) Subsection (2) does not apply if--
(a) the person who supplied the level 2
in-scope electrical equipment to the
responsible supplier is registered under
a corresponding law of New Zealand;
and
(b) the electrical equipment at the time
of its importation, was registered as
being supplied by the person who
supplied the electrical equipment to
the responsible supplier under a
corresponding law of New Zealand.
(5) Subsection (2) does not apply to a
responsible supplier who supplied level 2
in-scope electrical equipment imported from
a body corporate outside of Australia if--
(a) the responsible supplier is a related
body corporate of a NZ body corporate;
and
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(b) the NZ body corporate is a registered
responsible supplier; and
(c) the electrical equipment is registered in
the Register as electrical equipment
supplied by the NZ body corporate.
(6) In this section, relevant period means
a period beginning on the date of the
registration of the electrical equipment in
the Register by a responsible supplier, and
ending on the date that is 5 years after the
day of the expiry or the cancellation of that
registration.
67D Offence--documentary evidence level 3
in-scope electrical equipment
(1) Energy Safe Victoria may request a
responsible supplier, who at any time during
the relevant period has supplied or offered to
supply level 3 in-scope electrical equipment
or level 3 in-scope electrical equipment as a
component of electrical equipment, to
provide a certificate of conformity for the
electrical equipment.
(2) The responsible supplier must, within
10 business days after a request under
subsection (1), supply the certificate of
conformity in respect of the electrical
equipment.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
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(3) Subsection (2) does not apply if--
(a) the person who supplied the level 3
in-scope electrical equipment to the
responsible supplier is registered under
a corresponding law of New Zealand;
and
(b) the electrical equipment at the time
of its importation was registered as
being supplied by the person who
supplied the electrical equipment to
the responsible supplier under a
corresponding law of New Zealand.
(4) Subsection (2) does not apply to a
responsible supplier who supplied level 3
in-scope electrical equipment or level 3
in-scope electrical equipment as a
component of electrical equipment
imported from a body corporate outside
of Australia if--
(a) the responsible supplier is a related
body corporate of a NZ body corporate;
and
(b) the NZ body corporate is a registered
responsible supplier; and
(c) the electrical equipment is registered in
the Register as electrical equipment
supplied by the NZ body corporate.
(5) In this section, relevant period means a
period beginning on the date of issue of a
certificate of conformity and ending on the
date that is 5 years after the date of the
expiry of the certificate of conformity.
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67E Offence for holder of suspended certificate
to supply or offer in-scope electrical
equipment
(1) A responsible supplier must not supply or
offer to supply an item of in-scope electrical
equipment that is the subject of a suspended
certificate of conformity or a suspended
certificate of suitability.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
(2) In this section--
suspended certificate of conformity means
a certificate of conformity that is
suspended under section 62I or 62M;
suspended certificate of suitability means
a certificate of suitability that is
suspended under section 61 or 62B.
67F Offence to sell unregistered in-scope
electrical equipment
(1) A person must not supply or offer to
supply an item of level 2 in-scope electrical
equipment or level 3 in-scope electrical
equipment if--
(a) the item of electrical equipment was
purchased by the person for the purpose
of supplying it or offering it for supply
to another person; and
(b) on the date that the person purchased
the item of electrical equipment, the
electrical equipment was not registered
in relation to a responsible supplier.
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Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
(2) Subsection (1) does not apply to a person
if--
(a) after the date the person purchased the
item of electrical equipment, the item
of electrical equipment is registered in
relation to a responsible supplier; or
(b) the person is a responsible supplier of
the electrical equipment; or
(c) the item of electrical equipment is
second-hand equipment.
67G Offence for person other than responsible
supplier to supply or offer in-scope
electrical equipment
(1) A person, other than a responsible supplier,
must not supply or offer to supply an item of
in-scope electrical equipment unless the item
is marked with--
(a) the regulatory compliance mark; or
(b) an alternative mark; or
(c) any other mark approved by a
regulatory authority, as an alternative
to the regulatory compliance mark.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
(2) Subsection (1) does not apply to a person if
the item of in-scope electrical equipment is
second-hand equipment.
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67H Offence by the responsible supplier to
supply or offer to supply in-scope
electrical equipment that is not marked
A responsible supplier must not supply or
offer to supply an item of in-scope electrical
equipment unless the item is marked with--
(a) the regulatory compliance mark; or
(b) an alternative mark; or
(c) any other mark approved by a
regulatory authority, as an alternative
to the regulatory compliance mark.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
67I Offence to mark in-scope electrical
equipment that does not satisfy relevant
standard
(1) A person must not mark an item of in-scope
electrical equipment with the regulatory
compliance mark or make a false or
misleading representation that an item of
in-scope electrical equipment is marked with
the regulatory compliance mark, if the
electrical equipment does not satisfy the
relevant standard for that item.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
(2) In this section, mark includes to mark the
label or packaging of an item of in-scope
electrical equipment with the regulatory
compliance mark or an alternative mark
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approved by Energy Safe Victoria or another
regulatory authority.
67J Offence for person to offer in-scope
electrical equipment for hire
A person must not offer for hire an item of
in-scope electrical equipment unless--
(a) the item of in-scope electrical
equipment is safe to be connected to
an electricity supply; and
(b) the person ensures the item of in-scope
electrical equipment satisfies the
prescribed requirements for the testing,
labelling or tagging of the item of
in-scope electrical equipment.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
67K Offence to supply second-hand equipment
that is in-scope electrical equipment to
another person
A person, other than a responsible
supplier, must not supply or offer to supply
second-hand equipment that is an item of
in-scope electrical equipment, unless the
person ensures the item of in-scope
electrical equipment satisfies the prescribed
requirements for the testing, labelling or
tagging of the item of in-scope electrical
equipment.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.".
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11 Applications to review
For section 69(2)(b) of the Principal Act
substitute--
"(b) a decision under Part 4--
(i) to cancel the registration of a
responsible supplier; or
(ii) to cancel the registration of level 2
in-scope electrical equipment registered
to a responsible supplier; or
(iii) to cancel the registration of level 3
in-scope electrical equipment registered
to a responsible supplier; or
(iv) to refuse to issue a certificate of
suitability; or
(v) to refuse to issue a certificate of
conformity; or
(vi) to vary a certificate of conformity; or
(vii) to refuse to vary a certificate of
conformity; or
(viii) to cancel a certificate of conformity; or
(ix) to vary a certificate of suitability; or
(x) to refuse to vary a certificate of
conformity; or
(xi) to cancel a certificate of suitability; or
(xii) to suspend a certificate of conformity or
a certificate of suitability;".
12 Definition
In section 140A of the Principal Act, in the
definition of prescribed offence, for "57(2),
60(2)," substitute "55(3), 62J(2), 67(1), 67A(1),
67B(2), 67C(2), 67D(2), 67E(1), 67F(1), 67G(1),
67H, 67I(1), 67J, 67K".
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13 Infringement penalties
In section 140D of the Principal Act, after
"that provision" insert "unless a penalty is
otherwise prescribed".
14 Equipment safety
(1) Insert the following heading to section 153 of
the Principal Act--
"Electrical equipment".
(2) In section 153(a) of the Principal Act omit
"of safety".
(3) After section 153(a) of the Principal Act insert--
"(ab) prescribing the standards of safety of
in-scope electrical equipment and the risk
level of in-scope electrical equipment;".
(4) For section 153(c) of the Principal Act
substitute--
"(c) the certification of suitability of electrical
equipment including--
(i) applications for certificates of
suitability and the information to
accompany the applications;
(ii) the issuing of certificates of suitability;
(iii) the conditions on certificates of
suitability;
(iv) the modification of electrical
equipment as a requirement of the issue
of a certificate of suitability;
(v) the refusal and cancellation of
certificates of suitability;
(vi) the renewal, transfer, variation and
duration of certificates of suitability;
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(ca) the certification of conformity of electrical
equipment including--
(i) applications for certificates of
conformity and the information to
accompany the applications;
(ii) the issuing of certificates of
conformity;
(iii) the conditions of certificates of
conformity;
(iv) the modification of electrical
equipment as a requirement of the issue
of a certificate of conformity;
(v) the refusal and cancellation of
certificates of conformity;
(vi) the renewal, transfer, variation and
duration of certificates of conformity;".
(5) In section 153(d) of the Principal Act omit
"prescribed".
(6) After section 153(d) of the Principal Act insert--
"(da) the keeping of registers of certificates of
suitability, certificates of conformity and
certificate holders;".
(7) For section 153(e)(i), (ii) and (iii) of the Principal
Act substitute--
"(i) testing and examination in connection with
the certification of suitability of electrical
equipment or the certification of conformity
of electrical equipment;
(ii) preparation of reports in connection with
the certification of suitability of electrical
equipment or the certification of conformity
of electrical equipment;
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(iii) applications for certificates of suitability
or conformity, or the renewal, variation,
modification or transfer of certificates of
suitability or conformity.".
15 General regulation making powers
In section 157(2)(e) of the Principal Act, for
"or electrical equipment" substitute ", electrical
equipment or in-scope electrical equipment".
16 Transitional provisions
At the end of Part 14 of the Principal Act insert--
"167 Transitional provision--Electricity Safety
Amendment (Electrical Equipment Safety
Scheme) Act 2018
(1) In this section--
certificate of compliance means a
certificate issued under section 55
as in force immediately, before the
commencement day;
certification means a certification given
in accordance with section 57(2)(c)
as in force immediately before the
commencement day;
commencement day means the day on
which Part 2 of the Electricity Safety
Amendment (Electrical Equipment
Safety Scheme) Act 2018 comes into
operation;
controlled electrical equipment has the
same meaning as in section 50;
in-scope electrical equipment has the
same meaning as in section 50;
level 1 in-scope electrical equipment has
the same meaning as in section 50;
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level 2 in-scope electrical equipment has
the same meaning as in section 50;
Register has the same meaning as in
section 50;
registered responsible supplier has the
same meaning as in section 50;
regulatory compliance mark has the
same meaning as in section 50;
responsible supplier has the same meaning
as in section 50.
(2) Part 4 applies to a certificate of
compliance in respect of electrical
equipment, as in force immediately before
the commencement day, as if a reference to
a certificate of suitability were a reference
to a certificate of compliance for the period
beginning on the commencement day and
ending on (whichever first occurs)--
(a) the day the certificate of compliance
for the electrical equipment expires or
is cancelled; or
(b) the fifth anniversary of the
commencement day.
(3) Part 4 applies to an approval under section
57(2)(b), as in force immediately before the
commencement day, of electrical equipment
where the approval is in force immediately
before the commencement day, as if a
reference to a certificate of conformity were
a reference to that approval for the period
beginning on the commencement day and
ending on (whichever first occurs)--
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(a) the day the approval for the electrical
equipment expires or is cancelled; or
(b) the fifth anniversary of the
commencement day.
(4) Part 4 applies to an approval under section
58, as in force immediately before the
commencement day, of electrical equipment
where the approval is in force immediately
before the commencement day, as if a
reference to a certificate of conformity were
a reference to that approval for the period
beginning on the commencement day and
ending on (whichever first occurs)--
(a) the day the approval for the electrical
equipment expires or is cancelled; or
(b) the fifth anniversary of the
commencement day.
(5) Part 4 applies to a certification in respect of
electrical equipment, in force immediately
before the commencement day, as if a
reference to a certificate of conformity were
a reference to that certification for the period
beginning on the commencement day and
ending on (whichever first occurs)--
(a) the day the certification for the
electrical equipment expires or is
cancelled; or
(b) the fifth anniversary of the
commencement day.
(6) For 6 months on and from the
commencement day a responsible supplier
who supplies or offers to supply any in-scope
electrical equipment--
(a) is taken to be a registered responsible
supplier; and
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(b) is taken to have marked the in-scope
electrical equipment with a regulatory
compliance mark as required; and
(c) is taken to have satisfied a request
to supply a compliance folder or a
certificate of suitability under section
67C(2), if the responsible supplier
supplies on request the relevant
documentary evidence within the
meaning of section 67B as if a
reference in section 67B to level 1
in-scope electrical equipment were a
reference to level 2 in-scope electrical
equipment; and
(d) is taken to have registered that
equipment in the Register.
(7) A person other than a responsible supplier
who purchases in-scope electrical equipment
for the purpose of supplying it or offering it
for supply to another person before the
commencement day or in the period not
exceeding 6 months after the commencement
day may supply or offer to supply that
in-scope electrical equipment to another
person as if--
(a) the electrical equipment was registered
in the Register on the day that the
person took possession of the electrical
equipment; and
(b) the electrical equipment is marked
with a regulatory compliance mark as
required on the day that the person
supplies or offers to supply the
electrical equipment.".
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Part 3--Energy Safe Victoria Act 2005
Part 3--Energy Safe Victoria Act 2005
17 New section 7B inserted
After section 7A of the Energy Safe Victoria
Act 2005 insert--
"7B Use and disclosure of information by
Energy Safe Victoria under Part 4 of the
Electricity Safety Act 1998
(1) Despite any other Act or law (other than
the Charter of Human Rights and
Responsibilities Act 2006), Energy Safe
Victoria is authorised, on its own initiative or
at the request of a regulatory authority, to
disclose information to a regulatory authority
obtained in the course of carrying out a
function under Part 4 of the Electricity
Safety Act 1998 if--
(a) the disclosure is reasonably
necessary to enable the regulatory
authority to perform a function under
a corresponding law; or
(b) the disclosure is authorised by the
person to whom the information relates.
(2) Nothing done, or authorised to be done,
by Energy Safe Victoria in acting under
subsection (1)--
(a) constitutes a contravention of, or
default under, an Act or other law; or
(b) constitutes a contravention of, or
default under, a contract, agreement,
understanding or undertaking; or
(c) constitutes a contravention of a duty
of confidence (whether arising by
contract, in equity, by custom or in any
other way); or
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(d) constitutes a civil or criminal wrong; or
(e) terminates an agreement or obligation
or fulfils any condition that allows a
person to terminate an agreement or
obligation or gives rise to any other
right or remedy; or
(f) releases a surety or any other obligee
wholly or in part from an obligation.
(3) In this section--
corresponding law has the same meaning as
in section 50 of the Electricity Safety
Act 1998;
regulatory authority has the same meaning
as in section 50 of the Electricity
Safety Act 1998.".
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Part 4--Repeal of amending Act
Part 4--Repeal of amending Act
18 Repeal of amending Act
This Act is repealed on the first anniversary of
the first day on which all of the provisions of this
Act are in operation.
Note
The repeal of this Act does not affect the continuing
operation of the amendments made by it (see section 15(1)
of the Interpretation of Legislation Act 1984).
═══════════════
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Endnotes
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current
authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech--
Legislative Assembly:
Legislative Council:
The long title for the Bill for this Act was "A Bill for an Act to amend
the Electricity Safety Act 1998 and to make consequential amendments
to the Energy Safe Victoria Act 2005 and for other purposes."
By Authority. Government Printer for the State of Victoria.
57
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