In‑house electrical installing work, when permitted
37 In‑house electrical installing work, when permitted
A person other than an electrical contractor who carries out any in‑house electrical installing work commits an offence unless —
the person has in his or her employ at least one person nominated by him or her —
who holds an electrical worker’s licence endorsed as an electrician’s licence; and
who has engaged in carrying out electrical installing work in this State, another State, a Territory or a country other than Australia in a manner that, to the satisfaction of the Board, complies with the requirements of the Act and these regulations or with any equivalent requirements applicable in that State, Territory or country, as the case may be; and
who has, to the satisfaction of the Board, completed any training that is specified by the Board and provided by a training institution approved by the Board; and
who after such examination as may be required by the Board satisfies the Board that he or she understands the duties and obligations imposed on electrical installers and electrical contractors by the Act and these regulations and any other regulations made under the Act, and by the Energy Operators (Powers) Act 1979 and the Energy Coordination Act 1994 and the respective regulations made under those Acts; and
whose terms and conditions of employment include the duties imposed by regulation 53;
and
the person is the holder of an in‑house electrical installing work licence.
Subject to this regulation, a person who carries out electrical installing work for himself or herself or who employs an electrical worker, as his or her servant, to carry out electrical installing work for himself or herself or on his or her behalf is taken to carry on in‑house electrical installing work, but nothing in this subregulation limits what would otherwise be taken to constitute carrying on business as an electrical contractor.
Without limiting the generality of subregulation (2) a person shall be deemed to carry out in‑house electrical installing work if —
he or she engages or employs an electrical worker to carry out electrical installing work other than maintenance work in respect only of premises owned, leased, or occupied by the employer; or
unless exempted by the Board, he or she carries out electrical installing work other than maintenance work on premises that he or she owns, leases, or occupies.
Note for this regulation:
In relation to the examination referred to in subregulation (1)(a)(iii) see regulation 45A.
[Regulation 37 amended: Gazette 23 Dec 1994 p. 7135; 6 Sep 1996 p. 4415; 31 Dec 2007 p. 6510 and 6537; SL 2026/67 r. 22.]
38. Nominees under r. 36 and 37, cancelling etc.
Where a person is for the time being nominated for the purposes of regulation 36(1), (2) or (3) or 37(1), as the case may be, in respect of a licence, the nomination of that person may be cancelled at any time —
by notice in writing given by that person to the holder of the licence and the Board; or
by notice in writing given by the holder of the licence to the Board and the person nominated.
The holder of a licence may nominate more than one person for the purposes of regulation 36(1), (2) or (3) or 37(1) and such a nomination may be made at any time, but a person shall not be so nominated unless he or she meets the requirements specified in regulation 36(1)(a) and (b) or 37(1)(a) as the case requires.
The holder of a licence may, by giving notice in writing to the Board together with the fee in Schedule 1 item 4(a) or (b), as the case requires, nominate a person —
as a replacement for a nominee; or
as an additional nominee.
A person is ineligible to be, or continue to be, a nominee in respect of a licence unless he or she is employed by the holder of the licence or he or she is approved by the Board for the purposes of this regulation.
Where a holder of a licence nominates as his or her nominee a person who is ineligible under subregulation (3) or permits a person who is so ineligible to continue to be his or her nominee, the holder of the licence commits an offence.
A person who is ineligible to be a nominee who —
permits himself or herself to be nominated as the nominee in respect of a licence; or
continues to be a nominee in respect of a licence,
commits an offence.
Where, by reason of cancellation under subregulation (1) or for any other reason, a person who was a nominee in respect of a licence ceases to be a nominee in respect of that licence, the holder of the licence shall forthwith notify the Board.
Except where the holder of a licence makes arrangements satisfactory to the Board, upon the holder of a licence ceasing to employ at least one nominee, the licence is, by operation of this subregulation, thereupon suspended except where —
in the case of a licence held by an individual, the individual; or
in the case of a licence held by a firm or a corporation, at least one member of the firm or body corporate,
meets the requirements specified in regulation 37.
[Regulation 38 amended: Gazette 31 Dec 2007 p. 6511 and 6538; SL 2024/96 r. 19; SL 2026/67 r. 23.]
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