Electricity Safety Act 1971

This Act is the Electricity Safety Act 1971.

The dictionary at the end of this Act is part of this Act.

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘electricity distributor—see the Utilities Act 2000, dictionary.’ means that the term ‘electricity distributor’ is defined in that Act and the definition applies to this Act.

Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

A note included in this Act is explanatory and is not part of this Act.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Electrical wiring work and electrical installations

Division 2.1 Electrical wiring work and electrical installations—safety

In this Act:

electrical wiring rules means—

AS/NZS 3000; and

the Australian Capital Territory Appendix to AS/NZS 3000, as amended from time to time; and

a document prescribed by regulation.

Note 1 AS/NZS 3000 may be purchased at www.standards.org.au.

Note 2 A regulation may apply, adopt or incorporate certain laws and instruments as in force from time to time—see s 66.

The Minister may make an Australian Capital Territory Appendix to AS/NZS 3000.

The Australian Capital Territory Appendix to AS/NZS 3000 is a disallowable instrument.

The Australian Capital Territory Appendix to AS/NZS 3000 may vary, add to or exclude parts of AS/NZS 3000 for the ACT.

The regulations may make provision in relation to the application of the electrical wiring rules.

The construction occupations registrar must give additional public notice of the notification of each Australian Capital Territory Appendix to AS/NZS 3000 made by the Minister under section 3B.

Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1). The requirement in s (1) is in addition to the requirement under s 3B for notification on the legislation register as a disallowable instrument.

The notice must contain details of where copies of the Australian Capital Territory Appendix to AS/NZS 3000 may be inspected or purchased.

The construction occupations registrar must keep a copy of the electrical wiring rules at the registrar’s office.

A person may, on request, inspect the electrical wiring rules kept by the construction occupations registrar whenever the registrar’s office is open for business.

A person commits an offence if—

the person connects a new electrical installation, or reconnects an electrical installation that has been disconnected for 6 months or more, to an electricity network; and

the installation has not been inspected, tested and passed by an inspector.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

This section does not apply in circumstances prescribed by regulation.

A person commits an offence if—

the person carries out electrical wiring work; and

the work does not comply with the electrical wiring rules as in force—

when the work is completed; or

if the work is not completed—when the work is carried out.

Maximum penalty: 50 penalty units.

An offence against this section is a strict liability offence.

This section does not apply to—

electrical wiring work that consists only of—

the disconnection of an appliance or a fitting; or

the disconnection and reconnection of an appliance or a fitting if the electrical load is not increased; or

the replacement of an appliance or a fitting if the electrical load is not increased; or

electrical wiring work prescribed by regulation; or

electrical wiring work carried out in circumstances prescribed by regulation.

In this section:

fitting means a switch, lighting point or socket outlet.

A person who carries out electrical wiring work commits an offence if—

the person does not ensure that the work—

is tested in accordance with AS/NZS 3017 as in force when the test is carried out; and

complies with the electrical wiring rules when the test is carried out; or

within 14 days after the day the test is carried out, the person does not give a report of the test to—

the construction occupations registrar; and

the owner of the installation for which the work was done.

Maximum penalty: 5 penalty units.

Subsection (1) does not apply to—

electrical wiring work prescribed by regulation; or

electrical wiring work carried out in circumstances prescribed by regulation.

A person who has given the construction occupations registrar a report under subsection (1) (b) commits an offence if—

the registrar asks the person, in writing and within 2 years after receiving the report, for a copy of the report; and

the person does not give a copy of the report to the registrar within 14 days after the day the request is made.

Maximum penalty: 5 penalty units.

An offence against this section is a strict liability offence.

In this section:

electrical wiring work includes the reconnection of an electrical installation that has been disconnected for 6 months or more to an electricity network.

This section applies if an inspector believes on reasonable grounds that—

an electrical installation is unsafe or has not been inspected, tested and passed as required under this part; or

electrical wiring work is unsafe or has not been carried out, or tested, as required under this part.

The inspector may give the person who has carried out the electrical wiring work relevant for subsection (1) (a) or (b) a written direction to take stated action to make the installation or work safe and compliant with this part.

The direction may also require the person to give the inspector written information about the installation or work.

Examples

1 a written report about a test required in the direction by the person who did the test

2 an electrical engineer’s report about whether work complies with relevant standards

Without limiting the operation of subsection (2), a direction may require the disconnection or isolation of the relevant part of the installation or wiring so that it cannot receive a supply of electricity.

Note For inspectors’ power to disconnect a dangerous installation, see s 51 (1) (b).

Subsection (6) applies if—

the direction requires the person who carried out the electrical wiring work to do a thing; and

the person—

is not licensed, authorised or qualified to do the thing; or

if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

The person must arrange, and pay for, the thing to be done by someone who—

is licensed, authorised or qualified to do the thing; or

if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

A person must not engage in conduct that contravenes a direction under subsection (2).

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Division 2.2 Electrical wiring work and electrical installations—energy efficiency

Note The Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in Ministerial determinations (GEMS determinations).

See this Act, s 27 (Offences—energy efficiency requirements for non‑prescribed articles of electrical equipment).

A person commits an offence if—

the person carries out electrical wiring work; and

the work does not comply with a regulation made under section 66 (2) (a) (Regulation-making power) that applies to the work.

Maximum penalty: 50 penalty units.

Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

A person commits an offence if—

the person carries out electrical wiring work on an electrical installation; and

the installation does not comply with a regulation made under section 66 (2) (a) that applies to the work.

Maximum penalty: 50 penalty units.

A person commits an offence if—

the person disposes of—

all or part of an electrical installation; or

all or part of an article of electrical equipment; and

the disposal does not comply with a standard prescribed by regulation that applies to the disposal.

Maximum penalty: 50 penalty units.

Part 3 Prescribed articles of electrical equipment

Division 3.1 Preliminary