Energy Products (Safety and Efficiency) Act 2000

This Act may be cited as the Energy Products (Safety and Efficiency) Act 2000.

In this Act, unless the contrary intention appears—

authorised officer—see Part 3;

certification body—see section 5;

corresponding law—see section 5;

document includes any disc, tape or other medium in which information is stored;

energy efficiency labelling standard—see section 5;

energy performance standard—see section 5;

energy product means—

an electrical appliance or a component of an electrical appliance; or

a gas appliance or a component of a gas appliance; or

an appliance powered by an energy source other than electricity or gas (such as solar, wind or water) or a component of such an appliance; or

an appliance powered by any combination of electricity, gas or other energy source, or a component of such an appliance; or

a device used for or in connection with the conveyance of electricity, gas or other energy source or a component of such a device (including a meter for measuring consumption); or

an instrument for measuring a characteristic of electricity, gas or other energy source, but does not include an appliance, component, device or instrument excluded from the ambit of this definition by regulation;

gas has the same meaning as in the Gas Act 1997;

label includes a stamp or mark;

public notice means a notice published in—

the Gazette; or

a newspaper circulating generally in the State;

safety and performance standard—see section 5;

second-hand goods means goods that have been used, or taken from other goods that have been used, for a purpose not connected with their manufacture or sale;

sell a product includes let the product on hire, advertise the product for sale or hire, display or provide for inspection a sample of a product that is for sale or hire and offer or expose the product for sale or hire;

standard means—

an Australian Standard; or

a code or standard published by or under the authority of the Technical Regulator or a body specified by regulation, and includes any document called up by or under the code or standard;

Technical Regulator means the person holding or acting in the office of Technical Regulator under the Electricity Act 1996;

trader means a person who sells energy products in the course of a trade or business.

A copy of a standard referred to or incorporated in a proclamation or regulation under this Act must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Technical Regulator.

The Governor may, by proclamation, declare—

a class of energy product to be a class to which a subsection of section 6 or 6A applies; or

for the purposes of section 6(1)—a standard or part of a standard, with or without modification, to be a safety and performance standard for a class of energy product; or

for the purposes of section 6(2)—a body to be a certification body; or

for the purposes of section 6(3)—a standard or part of a standard, with or without modification, to be an information standard for a class of energy product; or

for the purposes of section 6A(1)—a standard or part of a standard, with or without modification, to be an energy performance standard for a class of energy product; or

for the purposes of regulations under section 6A(2)—a standard or part of a standard, with or without modification, to be an energy efficiency labelling standard for a class of energy product; or

for the purposes of sections 6(1) and 6A(1) and (2)—a law of another jurisdiction to be a corresponding law.

The Governor may, by proclamation, vary or revoke a proclamation previously made under this section.

A proclamation under this section may refer to a standard as in force at a specified time or as in force from time to time.

A trader must not sell an energy product of a class to which this subsection applies unless it is labelled so as to indicate its compliance with applicable safety and performance standards—

under the authority of the Technical Regulator in accordance with the regulations; or

under an authority conferred by a corresponding law in accordance with that corresponding law.

Maximum penalty: $5 000.

Expiation fee: $315.

A trader must not sell an energy product of a class to which this subsection applies unless it is labelled under the authority of a certification body or the Technical Regulator so as to indicate its certification by that body or the Technical Regulator.

Maximum penalty: $5 000.

Expiation fee: $315.

A trader must not sell an energy product of a class to which this subsection applies unless the trader provides information in respect of the product to the purchaser in accordance with applicable information standards.

Maximum penalty: $5 000.

Expiation fee: $315.

No offence is committed against subsection (1), (2) or (3) if—

the sale takes place within 6 months after the date the subsection is applied to the relevant class of energy product; and

the product was manufactured in or imported into the State before that date.

No offence is committed against subsection (1) or (3) if—

the sale takes place within 6 months after a change in the labelling or information requirements that apply under that subsection; and

the product was manufactured in or imported into the State before the change in the requirements; and

at the time of the sale the product was labelled, or the information provided, in accordance with requirements applicable at or after the time of manufacture or import of the product.

This section does not apply to the sale of second-hand goods.

A trader must not sell an energy product of a class to which this subsection applies unless it is registered so as to indicate its compliance with applicable energy performance standards—

in accordance with the regulations; or

in accordance with a corresponding law.

Maximum penalty: $5 000.

Expiation fee: $315.

A trader must not sell an energy product of a class to which this subsection applies unless it is labelled so as to indicate its energy efficiency—

under the authority of the Technical Regulator in accordance with the regulations; or

under an authority conferred by a corresponding law in accordance with that corresponding law.

Maximum penalty: $5 000.

Expiation fee: $315.

No offence is committed against subsection (1) or (2) if—

the sale takes place within 12 months after the date the subsection is applied to the relevant class of energy product; and

the product was manufactured in or imported into the State before that date.

No offence is committed against subsection (1) if—

the sale takes place within 12 months after the cancellation of the registration of the product on the grounds that the product no longer complies with the applicable energy performance standards as a result of an alteration in the standards; and

the product was manufactured in or imported into the State before the cancellation of the registration.

No offence is committed against subsection (2) if—

the sale takes place within 12 months after a change in the labelling requirements that apply under that subsection; and

the product was manufactured in or imported into the State before the change in the requirements; and

at the time of the sale, the product was labelled in accordance with requirements applicable at or after the time of manufacture or import of the product.

This section does not apply to the sale of second‑hand goods.

A person must not—

without proper authority, affix a label to which section 6(1) or (2) or 6A(2) applies, or which could reasonably be taken to be such a label, to an energy product; or

sell an energy product to which a label has been affixed contrary to paragraph (a) knowing that the label was affixed without proper authority.

Maximum penalty: $10 000.

A trader must not display on or near an energy product that is being offered or exposed for sale by the trader a sign, label or notice that—

contains information conflicting with the information contained in a label affixed to the product for the purposes of this Act or a corresponding law; or

is likely to mislead a purchaser or prospective purchaser as to matters to which information contained in any such label relates.

Maximum penalty: $5 000.

A person must not, while an energy product is being offered or exposed for sale by a trader, alter, interfere with or obscure from view a label affixed to the product for the purposes of this Act or a corresponding law.

Maximum penalty: $2 500.

Expiation fee: $210.

A trader must not offer or expose for sale an energy product if a label affixed to the product for the purposes of this Act or a corresponding law is not readily legible by a purchaser or prospective purchaser.

Maximum penalty: $2 500.

Expiation fee: $210.

This section does not apply to the sale of second-hand goods.

If, in the opinion of the Technical Regulator, an energy product of a particular class is or is likely to become unsafe in use, the Technical Regulator may—

prohibit the sale or use (or both sale and use) of products of that class; and

require traders who have sold the product in the State—

to take specified action to recall the product from use; and

—

to take specified action to render the product safe; or

if it is not practicable to render the product safe or the trader chooses not to do so—to refund the purchase price on return of the product.

A prohibition or requirement under this section may be imposed—

by notice in writing given to the person to whom it is addressed; or

if addressed to a class of persons, or the public generally—by public notice, and may be varied or revoked in the same way.

A person who contravenes or fails to comply with a prohibition or requirement under this section is guilty of an offence.

Maximum penalty: $10 000.

The Crown incurs no liability for an act of the Technical Regulator in good faith in the exercise or purported exercise of powers under this section.

A person incurs no liability for publishing in good faith a notice under this section or a fair report or summary of such a notice.

If a body corporate is guilty of an offence against this section, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—

the director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

the director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

the director failed to exercise due diligence to prevent the commission of the offence.

For the purposes of—

section 5 of the Mutual Recognition (South Australia) Act 1993 and section 15 of the Mutual Recognition Act 1992 of the Commonwealth; and

section 5 of the Trans-Tasman Mutual Recognition (South Australia) Act 1999 and section 46 of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth, an energy product the sale of which is prohibited by public notice given at any time under section 8 on the ground that the product is or is likely to become unsafe in use is declared—

to be goods to which section 15 of the Mutual Recognition Act 1992 of the Commonwealth applies; and

to be exempt from the operation of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

The exemption from the Mutual Recognition Act 1992 of the Commonwealth and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth of an energy product pursuant to subsection (1) has effect for a period beginning on the day on which the public notice imposing the prohibition is published and ending—

12 months later; or

on the revocation of the prohibition, whichever occurs first.

If, in the opinion of the Technical Regulator, it is in the public interest to do so, the Technical Regulator may make a public statement identifying and giving warnings or information about any of the following:

energy products that, in the opinion of the Technical Regulator, are or are likely to become unsafe in use and persons who supply the products;

uses of energy products, or installation practices, that, in the opinion of the Technical Regulator, pose a danger to persons or property;

any other dangers to persons or property associated with energy products.

A statement under this section may identify particular energy products, services, practices and persons.

The Crown incurs no liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under this section.

A person incurs no liability for publishing in good faith a statement made by the Technical Regulator under this section or a fair report or summary of such a statement.

The Minister may appoint suitable persons to be authorised officers for the purposes of this Act.

An appointment may be made subject to conditions specified in the instrument of appointment.

The Minister may, at any time, revoke an appointment of an authorised officer or vary or revoke a condition of appointment or impose a further condition of appointment.

An authorised officer must be issued with an identity card—

containing the person's name and a photograph of the person; and

stating that the person is an authorised officer under this Act.

If the powers of an authorised officer have been limited by conditions, the identity card issued to the authorised officer must indicate those limitations.

An authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this Act, produce for the inspection of the person his or her identity card.

Subject to this section, an authorised officer may—

require a trader—

to make energy products of a class specified by the authorised officer that are in the trader's possession available for examination by the authorised officer; and

to inform the authorised officer of the date when the trader obtained an energy product; and

to inform the authorised officer of the person from whom the trader obtained an energy product; and

to produce to the authorised officer orders, invoices, accounts and other documents that are in the trader's possession and relate to energy products; and

to sell to the authorised officer an energy product specified by the authorised officer for the same price as the product is sold to other purchasers (or, if that price cannot be identified, for a fair price offered by the authorised officer); and

enter and inspect and, if necessary, use reasonable force to break into or open—

a place or vehicle to which this section applies; or

part of, or anything in or on, a place or vehicle to which this section applies; and

give directions with respect to the stopping or movement of a vehicle to which this section applies; and

take photographs, films or audio, video or other recordings; and

require a person who the authorised officer reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and

require a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity; and

require a person who the authorised officer reasonably suspects has possession of a document required for the administration or enforcement of this Act to produce the document, to state the person's full name and usual place of residence and to produce evidence of the person's identity; and

examine any energy product made available to the authorised officer or found in the course of an inspection; and

examine, copy or take extracts from a document produced to the authorised officer or found in the course of an inspection or require a person to provide a copy of any such document; and

seize and retain, or issue a seizure order in respect of, an energy product that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and

cause tests to be carried out on an energy product that has been purchased or seized or in respect of which a seizure order is in force; and

give a direction required in connection with the exercise of a power conferred by a preceding paragraph.

An authorised officer—

may only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and

may only exercise the power to use force, or to enter a place of residence, under subsection (1) on the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required on the grounds of safety.

In the exercise of powers under this Act, an authorised officer may be assisted by such persons as the authorised officer considers necessary in the circumstances.

An authorised officer may require an occupier of a place or a person apparently in charge of a vehicle to give to the authorised officer, or a person assisting the authorised officer, such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.

A magistrate must not issue a warrant for the purposes of this section unless satisfied that the warrant is reasonably required in the circumstances.

Subject to subsection (7), a person is not required to give information or produce a document under this section if the information or the contents of the document would tend to incriminate the person of an offence.

If an authorised officer informs a person required to give information or produce a document under this section that the requirement is made for the administration or enforcement of section 8, the person must give the information or produce the document despite the fact that the information or the contents of the document would tend to incriminate the person of an offence, but—

if the person is a natural person, the information or document so given or produced will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and

if the person is a body corporate—

the information or document so given or produced will not be admissible in evidence against a director of the body corporate in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and

a director will not be guilty of an offence (other than an offence relating to the making of a false or misleading statement or declaration) as a result of the body corporate having been found guilty of an offence in proceedings in which the information or document so given or produced was admitted in evidence against the body corporate.

This section applies to a place or vehicle only if an authorised officer reasonably suspects that—

the place or vehicle is being used at the time in the course of a trade or business involving the sale of energy products; or

a contravention of this Act has been, is being, or is about to be, committed in or on the place or vehicle; or

something may be found in or on the place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act.