South Australian Current Acts South Australian Current Acts62—Power to require rectification etc in relation to infrastructure,
installations or equipment
(1) If
electricity infrastructure, an electrical installation or electrical equipment
is unsafe, or the Technical Regulator believes on reasonable grounds that the
infrastructure, installation or equipment is, or may become, unsafe when in
use, or does not comply with this Act, the Technical Regulator may give a
direction requiring—
(a)
rectification of the infrastructure, installation or equipment to the
Technical Regulator's satisfaction within a period specified in the direction;
(b) if
appropriate, the temporary disconnection of the electricity supply while the
rectification work is carried out;
(c) the
disconnection and removal of the infrastructure, installation or equipment.
(2) Subject to this
section, a direction under this section must be given—
(a) in
relation to infrastructure—to the electricity entity that operates the
infrastructure;
(b) in
relation to an installation or equipment—
(i)
in the case of an installation or equipment that is
unsafe, or in relation to which it is reasonably believed that the
installation or equipment is, or may become, unsafe when in use, as a result
of work performed on the installation or equipment within 2 years before
the giving of the direction and with the consent of the person in charge of
the installation or equipment or the occupier of the place in which the
installation or equipment is situated—to the person who carried out the
work, unless that person is not authorised to carry out such work; or
(ii)
in any other case—to the person in charge of the
installation or equipment or the occupier of the place in which the
installation or equipment is situated.
(3) A direction may be
given by written notice or, if the Technical Regulator is of the opinion that
immediate action is required, orally (but if the direction is given orally it
must be confirmed in writing).
(4) A person to whom a
direction is given under this section—
(a) must
comply with the direction; and
(b) must
not fail to take action specified in the direction to rectify the
contravention within the period specified in the direction; and
(c) must
not reconnect or permit the reconnection of the electricity supply, or connect
or permit the connection of the infrastructure (or part of the
infrastructure), installation or equipment to any other supply of electricity,
without the written approval of an authorised officer.
Maximum penalty: $50 000.
Expiation fee:
(a) in
the case of an offence against paragraph (c)—$1 000;
(b) in
any other case—$315.
(5) If a person does
not comply with a direction, the Technical Regulator may take the action that
is reasonable and necessary to have the direction carried out.
(6) A person,
authorised in writing by the Technical Regulator, may do what is reasonable
and necessary to carry out the direction.
(7) The costs incurred
in carrying out the direction are recoverable as a debt due to the Crown.