Hiring electrical equipment
194 Hiring electrical equipment
This section applies to a person (the hirer) conducting a business or undertaking of hiring out electrical equipment to other persons.
The hirer must ensure each item of electrical equipment hired out by the hirer to another person—
either—
is inspected and tested by a competent person before each hiring; or
has a safety switch that can not be disconnected, deactivated or removed during the item’s operation; and
is inspected, tested and tagged by a competent person at least once every 6 months; and
if the item has a safety switch under paragraph (a)(ii), the safety switch—
is inspected, tested and tagged by a competent person at least once every 6 months; and
complies with AS/NZS 3760 (In-service safety inspection and testing of electrical equipment) when tested.
However, subsection (2)(b) does not apply if the item is domestic electrical equipment that is hired for use in a domestic situation.Example of domestic electrical equipment hired for use in a domestic situation—
refrigerator, television or computer hired for use in a house, flat or unitExample of domestic electrical equipment not hired for use in a domestic situation—
refrigerator hired for use in a mechanic’s workshop
For subsection (2)(a)(i), if, because of the way in which the item of electrical equipment is designed, the item can not be tested without dismantling it, it is sufficient if the hirer ensures the item is tested to the extent that it can be tested without dismantling it.
If, after inspecting and testing an item of electrical equipment under subsection (2)(b)—
the competent person decides the item is safe to use, the hirer must ensure the competent person immediately attaches a durable tag to the item that shows the day by which the item must be reinspected and retested; or
the competent person decides the item is not safe to use, the hirer must ensure that—
the competent person immediately attaches a durable tag to the item warning people not to use the item; and
the item is immediately withdrawn from use.
The hirer must keep records of the tests performed under subsection (2)(b) or (c)(i) for at least 5 years.
A person who contravenes subsection (2), (5) or (6) commits an offence.Maximum penalty—40 penalty units.
In this section—
domestic electrical equipment means computer equipment, browngoods or whitegoods.
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