Directions to rectify unsafe installations
8 Directions to rectify unsafe installations
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.
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
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).
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