Regulation-making power
66 Regulation-making power
The Executive may make regulations for this Act.
The Executive may also make regulations—
for electrical installations and articles of electrical equipment to promote the efficient use or conservation of power and energy, or to limit harm to the environment; and
that set standards in relation to design, approval, certification, construction, installation, configuration, maintenance, repair, service, replacement, inspection, testing, labelling or disposal of articles of electrical equipment and electrical installations (or parts of electrical equipment and electrical installations).
A regulation may apply, adopt or incorporate the law of another jurisdiction or an instrument as in force from time to time.
The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or an instrument applied, adopted or incorporated under a regulation.
Laws of another jurisdiction and instruments mentioned in s (4) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
A regulation may create offences and fix maximum penalties of not more than 60 penalty units for the offences.
In this section:
law of another jurisdiction—see the Legislation Act, section 47 (10).
Schedule 1 Reviewable decisions
(see pt 8)
column 1 item column 2 section column 3 decision column 4 entity
1
11A (1) declare article of electrical equipment is prescribed article of electrical equipment entity that has interests affected by declaration
2
11A (3) state safety standard that article of electrical equipment must comply with entity that has interests affected by safety standard
3
20 (1) refuse to approve premises as testing laboratory applicant for approval
4
20 (2) cancel approval of premises as testing laboratory entity that has approval cancelled
5
22 (2) impose requirement on approved first seller entity on which requirement imposed
6
28 prohibit sale or installation of articles of electrical equipment of stated class entity that has interests affected by prohibition
7
51 (1) (c) give written notice directing owner of installation or article to repair it or make it safe for use owner of installation or article
8
51 (1) (d) disconnect installation owner of installation
Dictionary (see s 3)
The Legislation Act contains definitions and other provisions relevant to this Act.
For example, the Legislation Act, dict, pt 1, defines the following terms:
ACAT
Australian citizen
bankrupt or personally insolvent
construction occupations registrar
function
home address
reviewable decision notice
State
under.
approved first seller, for part 3 (Prescribed articles of electrical equipment)—see section 9.
article of electrical equipment means—
a wire, cable, fitting, meter, insulator, switchboard, or apparatus designed or intended for use in an electrical installation; or
an appliance, fitting or apparatus operated by electricity and the cable and other things required for its connection to an electrical installation.
AS/NZS 3000 means Australian/New Zealand Standard 3000 (Wiring Rules) as in force from time to time.
AS/NZS 3017 means Australian/New Zealand Standard 3017 (Electrical installations—testing and inspection guidelines) as in force from time to time.
AS/NZS 3820 means Australian/New Zealand Standards 3820 (Essential safety requirements for low voltage electrical equipment) as in force from time to time.
business premises, for part 7 (Enforcement)—see section 37.
connected with, for part 7 (Enforcement)—see section 38 (1).
corresponding law, for part 3 (Prescribed articles of electrical equipment)—see section 9.
declaration of compliance, for part 3 (Prescribed articles of electrical equipment)—see section 9.
electrical installation—
means electrical wiring or cable used or for use in carrying or controlling electricity (other than electricity with a voltage of not more than 50V a.c. or 120V ripple-free d.c.), including the following:
a wiring system, switchgear, control gear, generator, electrical accessory, electrical appliance, or fitting, that is used or for use in the conversion, storage, transmission, distribution, generation or use of electrical energy and connected to wiring or cable;
a switch, fuse, plug, socket outlet, lighting outlet, adaptor, ceiling rose or other device associated with wiring, a switchboard, or an appliance, mentioned in subparagraph (i);
a consuming device in which electricity is converted into heat, motion or another form of energy, or is substantially changed in its electrical character;
support for electrical wiring or cable; but
does not include—
a portable generator or storage device supplying, or for the supply of, electricity to the installation; or
an appliance that receives, or is intended to receive, its main electricity supply through a socket connection; or
a lamp; or
an electricity network or part of a network; or
telecommunications cabling or equipment that operates or is intended to operate at a voltage of 90V a.c. or lower.
electrical wiring rules—see section 3B.
electrical wiring work—
means the installation, replacement, augmentation, curtailing, maintenance, repair, or alteration of the location of all or part of, an electrical installation, other than—
an electrical installation that operates at extra low voltage; or
telecommunications cabling or equipment that operates at a voltage not greater than 90V a.c.; but
does not include—
plugging a plug into a socket outlet, or unplugging it; or
fitting a lamp to a lighting outlet or removing it; or
fitting, removing or replacing a fuse or fuse wire if the fuse or wire cannot sustainedly conduct more than 30A.
electricity distributor—see the Utilities Act 2000, dictionary.
electricity network—see the Utilities Act 2000, section 7 (Electricity network).
engage in conduct means—
do an act; or
omit to do an act.
generator includes a generator that generates electricity from any energy source.
Examples—energy source
1 the sun
2 diesel fuel
3 gas
4 wind inspector means a person appointed as an inspector under section 41.
occupier, of premises, includes—
a person believed on reasonable grounds to be an occupier of the premises; and
a person apparently in charge of the premises.
offence, for part 7 (Enforcement)—see section 38 (2).
premises means a building, structure or place (whether built on or not and whether enclosed or not), and includes an aircraft, a vessel and a vehicle.
prescribed article of electrical equipment—see section 11.
prohibited, in relation to an article of electrical equipment, means an article that is prohibited under section 28 (1).
regulatory authority, for a State, means—
an entity that carries out functions similar to the functions that the construction occupations registrar carries out under part 3 (Prescribed articles of electrical equipment) under a law of the State that corresponds, or substantially corresponds, to that part; or
an entity prescribed by regulation.
relevant distributor, for part 6 (Serious electrical accidents)—see section 32.
relevant safety standard, for part 3 (Prescribed articles of electrical equipment)—see section 9.
relevant standard—
for a prescribed article of electrical equipment—means a relevant safety standard under part 3 (see s 9); and
for an article of electrical equipment to which part 4 (Non‑prescribed articles of electrical equipment) applies—see section 26 (Minimum safety standards).
reviewable decision, for part 8 (Notification and review of decisions)—see section 61.
sell includes—
barter or exchange; and
let on hire; and
offer, expose or advertise for sale, barter, exchange or letting on hire.
serious electrical accident, for part 6 (Serious electrical accidents)—see section 32.
This provision refers to the regulations (may make regulations
, a regulation
, prescribed by regulation
). Made under this Act:
- Electricity Safety Regulation 2004 · under s 66
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