1Citation
These regulations may be cited as the Electricity (Licensing) Regulations 1991.
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Bill homepageThese regulations may be cited as the Electricity (Licensing) Regulations 1991.
These regulations shall come into operation on 1 November 1991.
In these regulations, unless the contrary intention appears —
apprentice has the meaning given in the Vocational Education and Training Act 1996 section 60A;
approved form means a form approved by the Board;
AS, followed by a designation, means the Australian Standard having that designation published by Standards Australia, as amended from time to time;
AS/NZS, followed by a designation, means the Australian/New Zealand Standard having that designation jointly published by Standards Australia and the Standards Council of New Zealand, as amended from time to time;
Australian/New Zealand Wiring Rules means AS/NZS 3000:2018 Electrical installations (known as the Australian/New Zealand Wiring Rules);
Board means the Electrical Licensing Board established under regulation 4;
chairperson means the person appointed under regulation 5(1)(a) to be chairperson of the Board;
contact details, of a person who holds a licence or a permit, means the residential address, address of the principal place of business, postal address, telephone number and email address of the person;
copy, in relation to a notice of completion or electrical safety certificate, means a hard copy or an electronic copy;
de‑energised, in relation to a part of an electrical installation, means separated from each supply of electricity to the part in such a way that the part cannot be inadvertently energised;
department means the department of the Public Service principally assisting in the administration of the Act;
electrical appliance means a device in which electrical energy is consumed or substantially changed in character by conversion into heat, sound, motion, light or otherwise;
electrical contractor means a person who carries on business as an electrician but does not include an electrician when acting in the capacity of an employee of an electrical contractor;
electrical contractor’s licence means an electrical contractor’s licence issued under Part 4;
electrical equipment includes any component or part of an electrical installation;
electrical fitting work means the work of making, maintaining, repairing, altering, assembling, dismantling, connecting or testing electrical machines, electrical appliances, electrical instruments or other electrical equipment, and includes electrical installing work if that work is assembling, maintaining or altering the wiring between electrical components in plant or machinery;
electrical installation means —
an installation (as defined in the Electricity Act 1945 section 5(1)); or
the network of an exempt operator, other than an exempt operator that is a major network operator; or
the network of a person who is a network operator under the Electricity (Network Safety) Regulations 2015 regulation 4(1)(h);
electrical installing work means electrical work that consists of assembling and fixing in place, altering or adding to any electrical installation or maintaining, removing or connecting to fixed wiring, any electrical equipment;
electrical work has the meaning given in regulation 4A;
electrical worker means an individual who carries out electrical work;
electrical worker’s licence means a licence issued under Part 3;
electrician means an electrical worker who is authorised by a licence to carry out electrical installing work and electrical fitting work;
energised, in relation to a part of an electrical installation, means connected to a supply of electricity to the part, whether or not electricity is flowing through any part of that part;
eNotice portal means the electronic communication management system maintained by the department for generating, delivering and storing notices under the Act;
in‑house electrical installing work has the meaning given by regulation 37(2) and (3);
in‑house electrical installing work licence means a licence to carry out in‑house electrical installing work;
licence means a licence under these regulations and when used in Part 3 means an electrical worker’s licence and when used in Part 4 means an electrical contractor’s licence or an in‑house electrical installing work licence;
licensed electrical worker means the holder of an electrical worker’s licence or the holder of a permit under Part 3;
live, in relation to any wire or other object, means having, under normal conditions of operation, a potential difference between that wire or other object and earth, and any metal that is deemed by the Australian/New Zealand Wiring Rules to be a live part for the purposes of that standard shall be regarded as live for the purposes of these regulations;
main switchboard has the meaning given in the Australian/New Zealand Wiring Rules clause 1.4.122;
maintenance work means repairing defective electrical equipment or replacing electrical equipment with electrical equipment having an equal or substantially similar engineering specification;
major network operator means a person who is a network operator under the Electricity (Network Safety) Regulations 2015 regulation 4(1)(a), (b), (c), (d), (e), (f) or (g);
mine has the meaning given in the Work Health and Safety (Mines) Regulations 2022 regulation 5A;
network has the meaning given in the Electricity (Network Safety) Regulations 2015 regulation 3(1);
nominee, in relation to a licence under Part 4, means a person for the time being nominated for the purposes of regulation 36(1), (2) or (3) or 37(1) in respect of that licence;
notifiable work means electrical installing work other than —
maintenance work, unless that work requires the disconnection and reconnection of the supply of electricity to the electrical installation concerned or the replacement of service apparatus; or
the addition or alteration of 1 final sub‑circuit including the addition or alteration of its protective device; or
the alteration of 1 or more final sub‑circuits;
permit means a permit under Part 3;
prescribed policy of insurance means the policy of insurance required to be held under regulation 36(1)(c), (2)(c) and (3)(c);
pressure means the difference in effective electrical potential measured in volts normally existing between conductors and between conductors and the earth;
private generating plant has the meaning given in regulation 4AA;
Regional Power Corporation means the body established by the Electricity Corporations Act 2005 section 4(1)(d);
register means the register kept under regulation 56(1);
relevant network operator means —
for an electrical installation that is, or is to be, supplied with electricity by a network operator — the network operator; or
for an electrical installation that is not, and is not to be, supplied with electricity by a network operator — the Director;
transportable structure means a structure that can be moved from a site to another site and on which notifiable work may be carried out;
working days does not include Saturdays, Sundays or public holidays.
[(2) deleted]
[Regulation 3 amended: Gazette 23 Dec 1994 p. 7134; 6 Sep 1996 p. 4410‑11; 24 Mar 2000 p. 1639‑40; 19 Apr 2005 p. 1296; 31 Dec 2007 p. 6492‑3, 6537 and 6538‑9; 10 May 2011 p. 1667; 17 May 2011 p. 1813‑14; 13 Apr 2012 p. 1652; 2 May 2017 p. 2292; 14 Nov 2017 p. 5598; 7 Jun 2018 p. 1815; 2 Oct 2018 p. 3793; SL 2020/196 r. 22; SL 2021/86 r. 28; SL 2022/26 r. 9; SL 2022/36 r. 4; SL 2022/115 r. 8; SL 2026/67 r. 4 and 12.]
In these regulations —
electrical work means —
work —
on electrical machines or instruments; or
on an electrical installation; or
on electrical appliances or equipment,
to which electricity is supplied or intended to be supplied at a nominal pressure exceeding 50 volts alternating current or 120 volts ripple free direct current; and
work comprising an assessment of an electrical installation to ensure that the installation and any work done on the installation complies with the requirements of these regulations.
However electrical work does not include work on components of the propulsion system of a motor vehicle, as defined in the Road Traffic (Administration) Act 2008 section 4, that is propelled wholly or partly by electricity.
For the purposes of the definition of electrical work it is immaterial —
whether or not the thing on or in relation to which the work is performed is part of, or is connected to or to be connected to, any transmission or distribution works or private generating plant; and
where work is performed on or in relation to any appliance, whether or not electricity is supplied or may be supplied to the appliance through an electric plug socket or socket outlet.
[Regulation 4A inserted: Gazette 10 May 2011 p. 1667; amended: Gazette 13 Apr 2012 p. 1652; 8 Jan 2015 p. 97; 2 May 2017 p. 2293 and 2302.]
In these regulations —
private generating plant means generating works that are for the generation of electricity at a nominal pressure exceeding 50 volts alternating current or 120 volts ripple free direct current including —
generating works that are for the self‑propulsion or other motivation of mobile equipment; and
subject to subregulation (2)(b), generating works constructed or operated under an exemption order made under the Electricity Industry Act 2004 section 8(1); and
generating works forming an electrical installation of a consumer (such as fixed generating plant, a mobile or portable generator, solar panel, wind powered generator, fuel cell, inverter or an energy storage device, such as a battery or fly‑wheel); and
all works, electrical equipment and wiring ancillary to such generating works.
However private generating plant does not include —
generating works owned or operated by —
the Electricity Generation and Retail Corporation established by the Electricity Corporations Act 2005 section 4(1)(a); or
the Electricity Networks Corporation established by the Electricity Corporations Act 2005 section 4(1)(b); or
the Regional Power Corporation;
or
generating works constructed or operated under the exemption in the Electricity Industry Exemption Order 2005 clause 10(2).
[Regulation 4AA inserted: Gazette 2 May 2017 p. 2293‑4.]
For the purposes of these regulations there shall be established a board to be known as the Electrical Licensing Board.
Subject to these regulations, the Board shall consist of 8 members appointed by the Minister, of whom —
one shall be a person appointed to be chairperson; and
one shall be a person selected by the Minister from a panel consisting of 3 names submitted to the Minister by each approved body that represents the interests of employees who are licensed electrical workers; and
one shall be a person selected by the Minister from a panel consisting of 3 names submitted to the Minister by each approved body that represents the interests of electrical workers who carry out electrical work authorised by a restricted licence; and
one shall be a person selected by the Minister from a panel consisting of 3 names submitted to the Minister by each approved body that represents the interests of electrical contractors; and
one shall be a person selected by the Minister from a panel consisting of 3 names submitted to the Minister by each approved body that represents the interests of consumers that are large businesses; and
one shall be a person selected by the Minister from a panel consisting of 3 names submitted to the Minister by each approved body that represents the interests of consumers that are small businesses; and
one shall be a person selected by the Minister from persons who —
are residential consumers; and
have applied to be appointed to the Board;
and
one shall be a person who is a public service officer, within the meaning of the Public Sector Management Act 1994, subordinate to the Director nominated for appointment by the person holding or acting in the office of Director.
In subregulation (1) —
approved means approved by the Minister.
The following provisions apply to and in relation to an appointment under subsection (1) —
[(a) deleted]
a person shall not be appointed under subregulation (1)(b) unless he or she —
is, or has been, the holder of an electrician’s licence issued under Part 3 for not less than 5 years; and
is not the holder of a licence issued under Part 4;
a person shall not be appointed under subregulation (1)(c) unless he or she has, in the opinion of the Minister, experience in the work carried out by persons who hold a restricted licence;
a person shall not be appointed under subregulation (1)(d) unless that person —
is, or has been, the holder of an electrician’s licence issued under Part 3 for not less than 5 years; and
is, or has been, the holder of a licence issued under Part 4;
a person shall not be appointed under subregulation (1)(e) or (f) unless he or she has, in the opinion of the Minister —
experience in using the services of electrical contractors; or
experience, otherwise than as an electrical contractor, in employing licensed electrical workers.
For the purposes of subregulation (2)(d)(ii) —
a person is taken to be the holder of a licence issued under Part 4 if the person is a partner in a firm, or an officer of a body corporate, that holds a licence issued under Part 4; and
a person is taken to have been the holder of a licence issued under Part 4 if the person was a partner in a firm, or an officer of a body corporate, at a time when the firm or body corporate held a licence under Part 4.
[Regulation 5 amended: Gazette 23 Dec 1994 p. 7134; 6 Sep 1996 p. 4411; 24 Oct 2003 p. 4495‑7 1; 31 Dec 2007 p. 6493‑4; SL 2022/36 r. 5.]
The Minister may make an appointment under paragraph (b), (c), (d), (e) or (f) of regulation 5(1) only if —
the Minister has in writing requested each body approved by the Minister for the purposes of that paragraph to submit to the Minister, within the period specified in the request, the names of 3 persons eligible and willing to be appointed under that paragraph; and
either —
each body has submitted those names; or
the period within which the submission may be made has expired.
The Minister may make an appointment under regulation 5(1)(fa) only if, at least 28 days before the appointment is made, an invitation to residential consumers to apply to be appointed to the Board has been published in a manner approved by the Minister.
If, in response to a request under subregulation (1), a body submits to the Minister the name of only one person, or the names of only 2 persons, eligible and willing to be appointed, that name or those names may be included in the panel from which the Minister may select the person to be appointed.
If, in response to a request under subregulation (1) —
each body approved by the Minister for the purposes of a paragraph of regulation 5(1) fails to submit to the Minister any names before the expiry of the period within which the submission may be made; or
the Minister considers that none of the persons whose names have been submitted for the purposes of that paragraph is a suitable person to be appointed to the Board,
the Minister shall appoint a person who is eligible to be appointed under the relevant paragraph of regulation 5(2), and the person so appointed is taken to have been selected by the Minister from a panel of names submitted under the relevant paragraph of regulation 5(1).
If, in response to an invitation published under subregulation (2) —
no person applies; or
the Minister considers that none of the persons who apply is a suitable person to be appointed to the Board,
the Minister shall appoint a person who is a residential consumer, and the person so appointed is taken to have been selected by the Minister in accordance with regulation 5(1)(fa).
[Regulation 6 inserted: Gazette 24 Oct 2003 p. 4497‑8.]
Subject to these regulations a member of the Board holds office for such period not exceeding 3 years as is specified in the instrument of their appointment and is eligible for reappointment.
If the term of office of a member of the Board expires by effluxion of time without a person having been appointed to fill the vacancy, the member continues in office until the earlier of the following —
the end of the period of 6 months immediately following the expiry of the term of office;
the vacancy being filled (whether by the reappointment of the member or the appointment of a new member);
an acting member being appointed by the Minister under regulation 9(1)(b)(i);
the member resigning under regulation 8(1);
the member being removed from office under regulation 8(2) or (3);
the member dying.
[Regulation 7 amended: SL 2022/36 r. 6.]
A member of the Board may resign from office by notice in writing delivered to the Minister.
The Minister may remove a member of the Board from office if —
the member becomes, in the opinion of the Minister, permanently incapable of performing the functions of his or her office; or
the member is the subject of an order or other disciplinary action under regulation 31, 31A, 47 or 47A; or
the member is —
a member of a firm, or otherwise concerned in the management of a firm; or
a director of a body corporate, or otherwise concerned in the management of a body corporate,
that is the subject of an order or other disciplinary action under regulation 47 or 47A; or
the member, or a body corporate of which the member is a director or in the management of which the member is otherwise concerned, is convicted of an offence against the Act or these regulations; or
the member is absent without the leave of the Minister from more than 3 consecutive meetings of the Board; or
the member is or becomes an undischarged bankrupt or a person whose property is subject to an order or arrangement under the laws relating to bankruptcy.
The Minister may remove a member of the Board from office on the grounds of neglect of duty, misbehaviour, or incompetence or on any other grounds on which the Minister regards the member as not being a fit and proper person to hold office.
Where a member of the Board dies or is removed from or resigns from office under this regulation the office becomes vacant (a casual vacancy) and the person appointed to fill the vacancy must be appointed to hold office only for the balance of the term of the member’s predecessor.
[Regulation 8 amended: Gazette 31 Dec 2007 p. 6494‑5; SL 2022/36 r. 7.]
The Minister may appoint an eligible person to act in the place of a member of the Board (other than the chairperson) if —
the member is absent or temporarily incapable of fulfilling the duties of the member; or
the office of the member is vacant due to —
the expiry of the member’s term of office by effluxion of time; or
a casual vacancy (as defined in regulation 8(4)).
A person appointed under subregulation (1) to act in the place of a member of the Board is appointed to act during the member’s absence or incapacity, or until the vacancy in the office of the member is filled, as the case requires.
A person appointed under subregulation (1) to act in the place of a member of the Board has all the powers, functions and duties of the member.
Any reference in these regulations to a member other than the chairperson is to be construed as including a reference to a person appointed by the Minister to act in the place of a member during any absence, temporary incapacity or vacancy.
The Minister may appoint an eligible person as deputy to act in the place of the chairperson and any such appointment has effect for such period as is specified therein and may be terminated at any time by the Minister.
A person appointed under subregulation (3) as deputy of the chairperson is, in the event of the absence from a meeting of the Board of the chairperson, entitled to attend that meeting and, when so attending, has all the functions, entitlements and protection of the chairperson.
[Regulation 9 amended: SL 2022/36 r. 8.]
Meetings of the Board shall be held at such times and places as the Board determines, but so that there are not less than 12 meetings in each calendar year.
At a meeting of the Board —
5 members constitute a quorum;
the chairperson or, where neither the chairperson nor the deputy of the chairperson is present, a person elected by the members present shall preside;
each member present, other than the person presiding at the meeting, is entitled to a deliberative vote and, where the votes cast on a question are equally divided, the person presiding at the meeting shall exercise a casting vote.
The Board shall cause accurate minutes to be kept of the proceedings at each meeting.
The presence of a person at a meeting of the Board need not be by attendance in person but may be by that person and each other person at the meeting being simultaneously in contact by telephone or other means of instantaneous communication.
[Regulation 10 amended: Gazette 24 Oct 2003 p. 4498‑9; SL 2022/36 r. 9.]
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