Parliamentary material from legislation.vic.gov.au and the Parliament of Victoria. Links open the official source in a new tab.
The objectives of these Regulations are to—
provide for the registration of electrical contractors; and
provide for the licensing of electrical workers; and
prescribe fees, penalties and other matters authorised by the Electricity Safety Act 1998; and
prescribe certain provisions of these Regulations that create offences as provisions in respect of which infringement notices may be served.
These Regulations are made under sections 149, 152, 156 and 157 of the Electricity Safety Act 1998.
These Regulations come into operation on 1 January 2021.
In these Regulations—
a.c. electricity generation system means an electricity generation system (other than a battery energy storage system) that has a nominal operating voltage exceeding 50 volts alternating current;
accessories has the same meaning as "accessory" has in the Australian/New Zealand Wiring Rules;
alternative design solution has the same meaning as it has in the Electricity Safety (General) Regulations 2019[1];
applicant—
in Part 2 means a person referred to in regulation 7(1);
in Part 3 and regulations 44 and 45 means a person referred to in regulation 21(1);
ARBN has the same meaning it has in the Corporations Act;
AS/NZS 3003 means AS/NZS 3003 Electrical installations—Patient areas, as published or amended from time to time;
AS/NZS 5139 means AS/NZS 5139 Electrical installations—Safety of battery systems for use with power conversion equipment, as published or amended from time to time;
Australian/New Zealand Wiring Rules means AS/NZS 3000 Electrical installations, as published or amended from time to time;
Australian regulatory authority means—
Energy Safe Victoria; or
a person or body that, under a law of another State or a Territory administers the licensing of electrical workers in that State or Territory;
battery energy storage system has the same meaning as "battery energy storage system BESS" has in AS/NZS 5139;
Reg. 4 def. of battery system inserted by S.R. No. 103/2022 reg. 5.
battery system means a battery or battery energy storage system that has—
a nominal operating voltage exceeding 12 volts direct current; and
an individual or combined rated storage capacity equal to or greater than one kilowatt hour;
Business Names Register has the same meaning as it has in the Business Names Registration Act 2011 of the Commonwealth;
communication equipment includes data transfer equipment, security system equipment, intercom and public address system equipment, nurse call system equipment and audio-visual equipment;
d.c. electricity generation system means an electricity generation system (other than a battery energy storage system) that has—
a nominal operating voltage or open circuit voltage exceeding 50 volts direct current; and
an individual or combined rated generation capacity equal to or greater than 240 watts;
effective supervision, in relation to electrical work, means—
being present at the site of the electrical work to the extent necessary to ensure that the work is being correctly performed and carried out in accordance with the Act and any of the regulations relating to the work and the operation of electrical installations and supply networks; and
being aware of the details of the electrical work being performed and giving detailed instructions and directions with respect to the electrical work;
electricity generation system means an a.c. electricity generation system or a d.c. electricity generation system;
electrical switchgear fitting work means electrical installation work that consists of the assembly, alteration, repair and maintenance of switchgear and controlgear assemblies;
extra low voltage means a voltage not exceeding—
50 volts alternating current; or
120 volts ripple-free direct current;
fault finding means the testing of the operation of electrical equipment to determine if that electrical equipment is safe and working correctly;
hazardous area has the same meaning as "Area, hazardous" has in the Australian/New Zealand Wiring Rules;
high voltage means a voltage exceeding low voltage;
licensed electrical switchgear worker means an electrical installation worker holding a licence issued under section 40 of the Act for electrical switchgear fitting work in accordance with regulation 26;
licensed electrician means an electrical installation worker holding a licence issued under section 40 of the Act for electrical installation work in accordance with regulation 22;
licensed lineworker means an electrical lineworker holding a licence issued under section 40 of the Act for a class of electrical linework in accordance with regulation 31 or 33;
low voltage means a voltage exceeding extra low voltage but not exceeding—
1000 volts alternating current; or
1500 volts direct current;
network infrastructure company means a contractor who is engaged by a major electricity company to carry out electrical linework on the supply network of the major electricity company;
nominated business supervisor means a person nominated under regulation 7(2)(c);
nominated technical supervisor means a person nominated under regulation 7(2)(b);
patient area has the same meaning as it has in AS/NZS 3003;
primary work function means a work function that is primarily related to one of the occupational areas specified in Schedule 1;
railway company means a person who owns or operates a railway supply network or tramway supply network;
railway infrastructure company means a contractor who is engaged by a railway company to carry out electrical linework on a railway supply network or tramway supply network;
railway supply network means the supply network of a railway that is used by electric trains;
regulatory authority means—
an Australian regulatory authority; or
a person or body that, under a law of New Zealand, administers the licensing of electrical workers in New Zealand;
restricted electrical installation work means work of a type prescribed by regulation 18(d) or 18(e);
Reg. 4 def. of stand-alone power system inserted by S.R. No. 103/2022 reg. 5.
stand-alone power system means an electricity generation system connected to an electrical installation that is not connected to an electricity supplier's supply network;
switchgear and controlgear assembly means electrical equipment that is—
a combination of one or more switching devices together with associated control, measuring, signalling, protective and regulating equipment including all the internal electrical and mechanical interconnections and structural parts; and
completely assembled under the responsibility of a manufacturer;
the Act means the Electricity Safety Act 1998;
tramway supply network means the supply network of a tramway.
For the purposes of Division 1 of Part 3 of the Act, any contracting or undertaking to carry out electrical installation work of a class prescribed by regulation 18 is a prescribed class of electrical contracting.
Note
See also section 30 of the Act.
For the purposes of Division 1 of Part 3 of the Act, work of a class prescribed by regulation 18 is prescribed.
Note
See also section 36(1) of the Act.
A person may apply to Energy Safe Victoria for registration or renewal of registration as an electrical contractor.
An application for registration must be in writing and contain or be accompanied by the following—
the applicant's name, telephone number, email address and the address of the applicant's residence and place of business;
if the applicant will not be responsible for the effective supervision of electrical installation work or only electrical switchgear fitting work carried out on behalf of the applicant—
the name of the person who the applicant nominates to be the nominated technical supervisor who will be responsible for that work; and
a declaration of each person nominated to be a technical supervisor of electrical contracting work that sets out the person's name, telephone number, email address and residential address and the person's consent to be such a supervisor;
if the applicant will not be responsible for the business management and administration of the electrical contracting work—
the name of the person who the applicant nominates to be the business supervisor responsible for that management and administration; and
a declaration of the person nominated to be the business supervisor of electrical contracting work that sets out the person's name, telephone number, email address and residential address and the person's consent to be such a supervisor;
if the applicant will use a business name that is not the applicant's name—
the details of the business name that the applicant will use; and
documentary evidence that the business name is registered in the Business Names Register and that the registration is held in the applicant's name;
the ABN the applicant will use;
if the applicant is a member of a partnership—
the name, telephone number, email address and residential address of each member of the partnership; and
a signed statement from each member of the partnership stating that they consent to the applicant's application and agree to be bound by the conditions of registration set out in regulation 13 and the obligations set out in regulation 14;
in the case of an applicant which is a body corporate—
a copy of the certificate of registration of the company under the Corporations Act; and
the name and address of each director of the body corporate; and
evidence that any person making an application on behalf of the body corporate is authorised to do so; and
the ABN or ARBN (if applicable) of the body corporate;
evidence of the qualifications required by regulation 10 that the applicant relies on for registration;
a statement that the applicant holds or will hold, at the time of carrying on electrical contracting, the insurance required by section 30 of the Act.
An application for renewal of registration must be in writing and contain or be accompanied by the following—
details of any changes in the information provided in the original application for the registration or for the most recent renewal of the registration or in any other circumstances relating to the application;
a statement that the applicant holds or will hold, at the time of carrying on electrical contracting, the insurance required by section 30 of the Act.
Energy Safe Victoria may require the applicant to provide further information or material in respect of an application.
The prescribed fee—
for an application for registration as an electrical contractor is 42⸱52 fee units;
for an application for renewal of registration as an electrical contractor is 20⸱42 fee units.
For the purposes of section 31 of the Act, Energy Safe Victoria may register or renew the registration of an applicant if Energy Safe Victoria is satisfied that—
in the case of a natural person—
the applicant—
will be responsible for the effective supervision of the electrical installation work or only electrical switchgear fitting work carried out on behalf of the applicant; or
has nominated a natural person or a sufficient number of natural persons to be technical supervisors who will be responsible for that supervision; and
the applicant—
will be responsible for the business management and administration of the electrical contracting work; or
has nominated a natural person to be the business supervisor who will be responsible for that management and administration; and
in the case of a body corporate—
the applicant has nominated a natural person or a sufficient number of natural persons to be technical supervisors who will be responsible for that supervision; and
the applicant has nominated a natural person to be the business supervisor who will be responsible for that management and administration; and
if the applicant will be responsible for the effective supervision of the electrical installation work or only electrical switchgear fitting work, that the applicant is a licensed electrician or a licensed electrical switchgear worker who has completed the requirements specified in regulation 10; and
each person nominated under an application to which paragraph (a)(i)(A) or (b)(i) relates to be responsible for the effective supervision of electrical installation work or only electrical switchgear fitting work is a licensed electrician or a licensed electrical switchgear worker who has completed the requirements specified in regulation 10; and
if the applicant will be responsible for the business management and administration of the electrical contracting work, that the applicant has completed the requirements specified in regulation 10; and
each person nominated under an application to which paragraph (a)(ii)(B) or (b)(ii) relates to be responsible for business management and administration of the electrical contracting is a person who has completed the requirements specified in regulation 10.
For the purposes of regulation 9, the requirements for a person to undertake effective supervision of electrical installation work are that the person is a licensed electrician who has—
satisfactorily completed the Licensed Electrician's Assessment (the LEA) conducted by a body approved by Energy Safe Victoria within the relevant period; or
satisfactorily completed a substantially equivalent examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria within the relevant period; or
has attained proficiency and experience in electrical installation work that is assessed by Energy Safe Victoria to be at least of an equivalent standard to the LEA.
For the purposes of regulation 9, the requirements for a person to undertake effective supervision of electrical switchgear fitting work are that the person is—
a licensed electrical switchgear worker who has—
successfully completed the Licensed Switchgear Worker's Assessment (the LSWA) conducted by a body approved by Energy Safe Victoria within the relevant period; or
successfully completed a substantially equivalent examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria within the relevant period; or
has attained proficiency and experience in electrical switchgear fitting work that is assessed by Energy Safe Victoria to be at least of an equivalent standard to the LSWA; or
a licensed electrician who complies with the requirements set out in subregulation (1) or (2)(a).
For the purposes of regulation 9, the requirements for a person to be responsible for the business management and administration of the electrical contracting work are that the person has—
successfully completed a course of training about establishing an electrical contracting business that is approved by Energy Safe Victoria; or
passed an examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria; or
successfully completed an assessment or course of training or passed an examination that is assessed by Energy Safe Victoria to be at least of an equivalent standard to that required under paragraph (a) or (b); or
at least 5 years experience in the management and administration of an electrical contracting business.
In this regulation, relevant period means—
in the case of an applicant undertaking supervision of electrical work, within 5 years of the date of the applicant's application for registration; and
in the case of a person nominated to undertake the supervision of electrical work, within 5 years of the date the person is nominated.
For the purposes of section 31 of the Act, Energy Safe Victoria may refuse to register or renew the registration of an applicant if it is satisfied that—
a person nominated to be the technical supervisor is employed or appointed as the nominated technical supervisor of another electrical contractor and is not, or will not be, able to provide effective supervision of all the electrical installation work the person is responsible for supervising; or
the applicant has, within 5 years of submitting the application to Energy Safe Victoria, contravened a provision of—
the Act; or
these Regulations; or
the Electricity Safety (Installations) Regulations 2009 as in force immediately before their revocation; or
the Electricity Safety (Registration and Licensing) Regulations 2010[2] as in force immediately before their revocation; or
the Electricity Safety (General) Regulations 2019; or
a law of another State or a Territory or of New Zealand which substantially corresponds to the Act, these Regulations or the regulations specified in subparagraph (iii), (iv) or (v); or
the applicant has attempted to obtain registration as an electrical contractor by fraud, misrepresentation or concealment of facts; or
the applicant has, within 5 years of submitting the application to Energy Safe Victoria—
been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by a term of imprisonment of 6 months or more; or
been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical installation work; or
engaged in fraudulent conduct in the carrying out of electrical installation work; or
the applicant's ABN, ARBN or business name is not properly registered in the applicant's name.
For the purposes of section 30 of the Act, the prescribed insurance is insurance against public liability for personal injury or damage to property in connection with the electrical contracting work of the registered electrical contractor with a minimum cover of $5 000 000.
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