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ELECTRICITY SAFETY ACT 1998
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purpose
2. Commencement
3. Definitions
3A. Declaration of certain distribution companies or transmission companies not to be major electricity companies
3B. Declaration of certain owners and operators of electrical installations
4. Exemptions
5. Act to bind the Crown
PART 2--ENERGY SAFE VICTORIA
6. Objectives of Energy Safe Victoria
7. Functions of Energy Safe Victoria
7A. Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases
8. Funding
PART 3--ELECTRICAL WORK
Division 1--Registration of electrical contractors
30. Contractors
31. Registration of electrical contractors
32. Registered number
33. Register of electrical contractors
34. Disciplinary action
35. Employees of registered electrical contractor
36. Electrical contractors not to employ certain persons
37. Obligations on registered contractors
Division 2--Licensing of electrical workers
38. Electrical workers
39. Apprentices deemed to be licensed
40. Licensing of electrical workers
41. Disciplinary action
Division 3--Electrical installation work
41A. Responsible person
41B. Supervisor deemed to carry out certain work
42. Implied conditions relating to electrical installation work
43. Safety of electrical installations
43A. Safety of electrical installations—building work
44. Compliance and testing of electrical installation work
45. Inspection of electrical installation work
45A. Certificates of electrical safety
45AB. Enforcement officer may require rectification of non‑compliant electrical installation work
45B. Supply of certificate forms
Division 4--Installation of electric lines on public land
46. Regulation of installation
47. Exemption
48. Division not to affect operation of other requirements
49. Transitional
PART 4--ELECTRICAL EQUIPMENT
Division 1--Preliminary
50. Definitions
51. Minister may declare corresponding law
52. No double jeopardy
53. Declaration of electrical equipment to not be in‑scope electrical equipment
54. Standards for electrical equipment that is not in‑scope electrical equipment
55. Declaration of electrical equipment to be controlled electrical equipment
Division 2--Certificate of suitability
56. Meaning of certificate of suitability
57. Application for certificate of suitability of electrical equipment
58. Consideration of application for certificate of suitability
59. Term of certificate of suitability
60. Variation of certificate of suitability
61. Suspension of certificate of suitability
62. Cancellation of certificate of suitability
62A. Certificate of suitability issued by regulatory authority or an external certifier taken to be issued by Energy Safe Victoria
62B. Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria
Division 3--Certificate of conformity
62C. Meaning of certificate of conformity
62D. Application for certificate of conformity
62E. Consideration of application for a certificate of conformity
62F. Term of certificate of conformity
62G. Variation of certificate of conformity
62H. Re-examination
62I. Suspension of certificate of conformity
62J. Modifications after issue of certificate of conformity
62K. Cancellation of certificate of conformity
62L. Certificate of conformity issued by regulatory authority or an external certifier—taken to be issued by Energy Safe Victoria
62M. Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria
Division 4--Registration of responsible supplier
62N. Responsible supplier in Victoria registered in the Register
62O. Recording, amendment or removal of a matter on the Register
62P. Application for exemption of registered responsible supplier or in-scope electrical equipment
62Q. Exemption for registered responsible supplier or in‑scope electrical equipment
62R. Grounds for cancellation of registration of responsible supplier
62S. Grounds for cancellation of registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment
62T. Show cause notice
62U. Cancellation of registration by Energy Safe Victoria
62V. Evidence of registration and registered matters
Division 5--Alternative mark to regulatory compliance mark
62W. Approval of alternative mark to regulatory compliance mark
Division 6--Prohibition of supply and recall of electrical equipment
63. Prohibition of supply of electrical equipment
64. Offence to disobey prohibition
65. Recall of electrical equipment
66. Offence to fail to comply with requirement
Division 7--Offences
67. Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment
67A. Offence—supply level 1 in-scope electrical equipment
67B. Offence—documentary evidence level 1 in-scope electrical equipment
67C. Offence—documentary evidence level 2 in-scope electrical equipment
67D. Offence—documentary evidence level 3 in-scope electrical equipment
67E. Offence for holder of suspended certificate to supply or offer in-scope electrical equipment
67F. Offence to sell unregistered in-scope electrical equipment
67G. Offence for person other than responsible supplier to supply or offer in-scope electrical equipment
67H. Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked
67I. Offence to mark in-scope electrical equipment that does not satisfy relevant standard
67J. Offence for person to offer in-scope electrical equipment for hire
67K. Offence to supply second-hand equipment that is in‑scope electrical equipment to another person
PART 5--ENERGY EFFICIENCY
68. Prescribed electrical equipment not to be supplied unless registered and labelled
68A. Exemptions from energy efficiency
PART 6--RIGHTS OF REVIEW
69. Applications to review
PART 7--UNDERGROUND ELECTRIC LINES AND OWNERS OR OPERATORS OFCOMPLEX ELECTRICAL INSTALLATIONS
75. General duties of owners or operators of complex electrical installations and railways
76. Underground electric lines
77. Underground electric lines—obligations of distribution companies
78. Protection of underground electric lines
PART 8--BUSHFIRE MITIGATION REQUIREMENTS FORCERTAIN OPERATORS AND ELECTRIC LINE CLEARANCE
Division 1--General
79. Urban area
80. Fire hazard rating
81. Declared area in urban area
82. Operation of Part
83. Point of supply
Division 1A--Bushfire mitigation requirements for certain operators of at-risk electric lines
83A. Definitions
83B. General duty of specified operators to minimise bushfire danger
83BA. Submission of bushfire mitigation plans for acceptance
83BB. Compliance with bushfire mitigation plan
83BC. Validation of bushfire mitigation plans
83BD. Additional information
83BE. Acceptance of bushfire mitigation plan
83BF. Provisional acceptance of bushfire mitigation plan
83BG. Non-acceptance of bushfire mitigation plan
83BH. Energy Safe Victoria may determine bushfire mitigation plan
83BI. Duration of accepted bushfire mitigation plan
83BJ. Compliance audits for accepted bushfire mitigation plans—independent audits
83BK. Compliance audits—Energy Safe Victoria
Division 2--Responsibility for maintenance of lines
84. Requirement to keep trees clear of electric lines—distribution companies
84A. Requirement to maintain line—occupiers of land with private or low voltage electric lines
84B. Requirement to keep trees clear of private electric lines—occupiers of contiguous land
84C. Requirement to keep trees clear of electric lines—Councils
84D. Requirement to keep trees clear of electric lines—other persons
85. Exercise of powers with respect to lines
86. Failure to maintain lines
86A. Energy Safe Victoria may give directions for restriction or prevention of tree growth
Division 2A--Electric lines and municipal emergency management plans
86B. Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines
Division 3--Electric Line Clearance Consultative Committee
87. Constitution of Committee
88. Functions of the Committee
88A. Committee to consider reliability and security of electricity supply
89. Procedure for Code
90. Offences against Code
Division 4--Compliance audits in relation to compliance with the Code
90A. Compliance audits in relation to compliance with Code—Energy Safe Victoria
90B. Compliance audits in relation to compliance with Code—independent audits
Division 5--Compliance audits in relation to compliance with the management plan
90C. Application
90D. Compliance audits for management plans—Energy Safe Victoria
90E. Compliance audits for management plans—independent audits
PART 9--CATHODIC PROTECTION AND MITIGATION OF STRAY CURRENT CORROSION
91. Victorian Electrolysis Committee
92. Functions of the Committee
93. Operation of cathodic protection systems
93A. Evidentiary provision—operation of cathodic protection systems
94. Railway operator—duty in relation to stray electrical current leakage
95. Mitigation systems
96. Directions of Energy Safe Victoria
97. Costs in relation to mitigation systems
PART 10--ELECTRICITY SAFETY MANAGEMENT
Division 1--General duty of major electricity companies
98. General duty of major electricity companies
Division 2--Mandatory electricity safety management schemes (major electricity companies)
99. Electricity safety management scheme
100. Validation of electricity safety management scheme for a supply network
101. Additional information
102. Acceptance of electricity safety management scheme
103. Provisional acceptance of electricity safety management scheme
104. Non-acceptance of electricity safety management scheme
105. Energy Safe Victoria may determine electricity safety management scheme
106. Compliance with electricity safety management scheme
107. Revision of electricity safety management scheme—change
108. Revision of electricity safety management scheme—every 5 years
109. Energy Safe Victoria may request submission of a revised electricity safety management scheme
110. Offence to fail to submit revised electricity safety management scheme on request
111. Application of provisions to revised electricity safety management scheme
112. Revisions that do not relate to bushfire mitigation
113. Compliance with electricity safety management scheme is a defence
Division 2A--Ongoing bushfire mitigation plan requirements for major electricity companies
113A. Submission of bushfire mitigation plans for acceptance
113B. Compliance with bushfire mitigation plan
113C. Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans
113D. Accepted bushfire mitigation plan forms part of accepted ESMS
113E. Revisions that only relate to bushfire mitigation
113F. Inspection of overhead private electric lines
Division 2B--Requirements for declared owners and operators
113G. General duty of declared owners and operators
113H. Mandatory electricity safety management schemes for declared owners and operators
113I. Ongoing bushfire mitigation plan requirements for declared owners and operators
113J. Energy Safe Victoria may exempt declared owners and operators from certain requirements
Division 3--Voluntary electricity safety management schemes
114. Electricity safety management scheme for employers of electrical workers
115. Electricity safety management scheme for specified premises
116. Electricity safety management scheme for owner or operator of complex electrical installation
117. Exemption from certain provisions of Act or regulations
118. Compliance with electricity safety management scheme
119. Revision of voluntary electricity safety management scheme—every 5 years
120. Revision of voluntary electricity safety management scheme—change
120A. Energy Safe Victoria may request submission of revised electricity safety management scheme
120B. Compliance with request
120C. Lapsing of electricity safety management scheme
120D. Duty of employer of electrical workers
120E. Duty of occupier of specified premises
120F. Duty of owner or operator of complex electrical installation
120G. Compliance with electricity safety management scheme is a defence
Division 4--Other matters
120GA. Accepted ESMS does not authorise certain electrical linework
120H. Compliance audits—independent audits
120I. Compliance audits—Energy Safe Victoria
120J. Annual fees
PART 10A--ADDITIONAL BUSHFIRE MITIGATIONREQUIREMENTS FOR MAJOR ELECTRICITY COMPANIES
Division 1--Preliminary
120K. Definitions
120L. Meaning of complying substation
Division 2--Additional bushfire mitigation duties
120M. Polyphase electric lines with required capacity
120N. Covering or placing underground electric lines
120O. Installation of Automatic Circuit Recloser for SWER lines
120P. Annual compliance reports
120Q. Independent audits
Division 3--Enforcement of additional bushfire mitigation duties
120R. Proceedings
120S. Criminal proceedings do not lie
120T. Proceedings for contravention of civil penalty provisions
120U. Pecuniary penalties to be paid into the Consolidated Fund
120V. Declaratory relief
Division 4--Miscellaneous
120W. Exemptions
120X. Specification of later dates and periods for compliance with civil penalty provisions
120Y. Information notices
120Z. Audit by Energy Safe Victoria
PART 11--ENFORCEMENT OFFICERS AND POWERS
Division 1--Appointment of enforcement officers
121. Enforcement officers
Division 2--Powers of entry--general
122. Powers of entry—compliance
123. Occupier to be given copy of consent
124. Emergency access
125. Powers on entry
126. Return of things seized
127. Magistrates' Court may extend period
128. Entry to be reported to Energy Safe Victoria
Division 3--Powers of entry--enforcement
129. Powers of entry—enforcement
130. Occupier to be given copy of acknowledgement
131. Search warrant
132. Announcement before entry
133. Copy of warrant to be given to occupier
Division 4--General
134. Power of enforcement officer to require information or documents
135. Offence to give false information to enforcement officer
136. Copying of documents
137. Protection against self-incrimination
138. Offence to obstruct enforcement officer
139. Police to assist enforcement officers
140. Impersonation of enforcement officer
PART 11A--INFRINGEMENT NOTICES
140A. Definition
140B. Power to serve a notice
140D. Infringement penalties
PART 12--GENERAL
Division 1--Directions
141. Chairperson of Energy Safe Victoria may give directions
141A. Additional powers in emergencies
141AB. Information notices
141AC. Chairperson of Energy Safe Victoria may give directions to preserve, retain or store
141B. Delegation by Chairperson of Energy Safe Victoria
141C. Notification to Minister
Division 1A--Enforceable undertakings
141D. Energy Safe Victoria may accept written undertakings
141E. Enforcement of written undertakings
Division 2--Reporting of serious electrical incidents
142. Notification of serious electrical incidents
142A. Preservation of serious electrical incident sites
Division 3--Improvement notices
143. Enforcement officer may issue improvement notice
144. Offence not to comply with improvement notice
145. Notices may include directions
Division 4--Other matters
145A. Offences under Part 8
146. Offences by bodies corporate
147. Offences by partnerships or unincorporated associations
148. False or misleading information
148A. When proceedings for offences may be commenced
PART 13--REGULATIONS
149. Supply safety
149A. Reliability and security of electricity supply
150. Safety management schemes
151. Electric line clearance
151A. Bushfire mitigation
152. Installation safety
153. Electrical equipment
154. Equipment efficiency regulations
155. Cathodic protection and stray current corrosion regulations
156. Electrical contractors and electrical workers
157. General regulation making powers
158. Disallowance of regulations
PART 14--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS
160. Transitional provisions—electrical contractors and mechanics
161. Transitional provision—electrical equipment
162. Transitional provision—urban area
162A. Making of certain statutory rules
163. Transitional provisions—abolition of the Electrical Appeals Board
164. Transitional provisions—Electricity Safety Amendment Act 2007
165. Savings provision—proclaimed electrical equipment
166. Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
167. Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018
168. Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected
169. Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers
SCHEDULE 1
ENDNOTES
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