{"id":"electrical-safety-act-2022","name":"Electrical Safety Act 2022","slug":"electrical-safety-act-2022","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30033,"registerId":"nt-electrical-safety-act-2022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"3 Definitions\nIn this Act:\napprentice, see section 5 of the Training and Skills Development\nAct 2016.\napproved form means a form approved by the Electrical Safety\nRegulator.\nBoard means the Electrical Safety Board established under\nsection 102.\ncategory 1 offence, see section 43.\ncategory 2 offence, see section 44.\ncategory 3 offence, see section 45.\n\nElectrical Safety Act 2022 2\ncathodic protection system means a system by which a structure\nin contact with ground or water is protected from electrolytic\ncorrosion by a direct electric current flowing between the structure\nand an electrical conductor through the ground or water.\ncertificate of compliance, see section 41.\ncode of practice means a code of practice made or adopted under\nsection 193.\nconnect, in relation to electricity, means to physically connect an\nelectric line or electric equipment to electric infrastructure, whether\nor not the line or equipment is energised.\nconsumer means a person who receives electricity generated,\ntransmitted or distributed by an electricity entity.\nconsumer electrical equipment, see section 69.\ncustomer, see section 4(1) of the Electricity Reform Act 2000.\ndangerous electrical event, see section 5(2).\ndecision notice, for a decision, means a written notice setting out\nthe matters required for a notice of decision under section 34 of the\nNorthern Territory Civil and Administrative Tribunal Act 2014.\ndesign, in relation to electrical equipment or an electrical\ninstallation, includes:\n(a) to design part of the equipment or installation; and\n(b) to redesign or modify a design.\ndisciplinary action, see section 126(1).\nDiscipline Committee means the Discipline Committee of the\nBoard established under section 109.\ndistribution entity means:\n(a) any person or entity licensed under section 14(3)(b) of the\nElectricity Reform Act 2000; and\n(b) any person exempted from Part 3 of the Electricity Reform\nAct 2000 under section 87 of that Act in relation to owning or\noperating an electricity network.\nelectrical contractor licence, see section 51.\nelectrical equipment, see section 6.\n\nElectrical Safety Act 2022 3\nelectrical equipment work, see section 10(4).\nelectrical installation, see section 7.\nelectrical installation work, see section 10(2).\nelectrical risk, see section 4(1).\nelectrical safety, see section 4(3).\nelectrical safety duty means a duty imposed under Part 2,\nDivision 2.\nElectrical Safety Regulator means the Electrical Safety Regulator\nappointed under section 95.\nelectrical work, see section 9.\nelectrical work licence, see section 50.\nelectricity includes electric current, electrical energy and similar or\nrelated physical qualities.\nelectricity entity, see section 4(1) of the Electricity Reform\nelectricity infrastructure, see section 4(1) of the Electricity Reform\nAct 2000, and includes a large scale battery energy storage\nsystem.\nelectricity network, see section 4(1) of the Electricity Reform\nelectricity officer means a person appointed under Part 4 of the\nElectricity Reform Act 2000 as an electricity officer.\nelectric cable joining¸ see section 10(1).\nelectric line, see section 8.\nelectric line work, see section 10(2).\nenergise means energise by electricity.\nexposed, in relation to electrical equipment, means:\n(a) bare; or\n(b) not effectively insulated; or\n\nElectrical Safety Act 2022 4\n(c) not effectively guarded by either a fixed barrier or an earthed\nmetal shield.\nextra-low voltage means voltage of:\n(a) 50 V or less AC RMS; or\n(b) 120 V or less ripple-free DC.\ngeneration entity means any person or entity licensed under\nsection 14(3)(a) of the Electricity Reform Act 2000.\nhigh voltage means voltage greater than low voltage.\nhire includes:\n(a) agree, attempt or offer to hire; and\n(b) possess, expose or advertise for hire; and\n(c) cause or allow to be hired.\nimprovement notice, means a notice given under section 184.\nin control, in relation to electrical equipment, see section 12.\nin-house, in relation to electrical work, means electrical work\nperformed by a worker exclusively on electrical equipment or\nelectrical installations of the business or undertaking for whom the\nworker works.\ninspector means a person appointed under section 141.\nlicence means:\n(a) an electrical work licence; or\n(b) an electrical contractor licence.\nlow voltage means voltage greater than extra-low voltage, but not\nmore than 1 000V AC RMS or 1 500V ripple-free DC.\nmeter means the equipment used for measuring electricity,\nincluding software and auxiliary devices that communicate, support\nor protect the measuring function of the equipment.\nministerial notice means a notice under section 191.\nnon-disturbance notice means a notice issued under section 204.\nofficer, see section 11.\n\nElectrical Safety Act 2022 5\nperform, in relation to an electrical contractor licence, includes the\nperformance of the electrical work through the work of another\nperson.\nperson conducting a business or undertaking, means a person\nwho conducts a business or undertaking under section 13.\nplace includes:\n(a) a building or other structure; and\n(b) a part of a building or other structure; and\n(c) land where a building or other structure is situated.\npublic authority, see section 5 of the Ombudsman Act 2009.\nreasonably practicable, see section 14.\nrecall order, see section 199.\nretailer means any holder of a licence authorising the selling of\nelectricity under Part 3 of the Electricity Reform Act 2000.\nsafe from electrical risk, see section 4(2).\nsafety management and mitigation plan, see section 77.\nsell includes the following:\n(a) sell by wholesale, retail or auction;\n(b) supply in trade or commerce or under an arrangement;\n(c) hire;\n(d) agree, attempt or offer to sell;\n(e) keep or expose for sale;\n(f) cause or permit to be sold.\nserious electrical event, see section 5(1).\nsupplier, in relation to electrical equipment, means a person who:\n(a) sells unused electrical equipment; or\n(b) manufactures electrical equipment; or\n(c) imports electrical equipment from outside Australia.\n\nElectrical Safety Act 2022 6\ntrainee, see section 6 the Training and Skills Development\nAct 2016.\nUtilities Commission, see section 5 of the Utilities Commission\nvoltage means the difference in electrical potential, measured in\nvolts, existing:\n(a) between conductors; or\n(b) between conductors and earth.\nvolunteer means an individual who is acting on a voluntary basis,\nregardless of whether the individual receives out-of-pocket\nexpenses.\nworker, see section 15.\n","sortOrder":0},{"sectionNumber":"4","sectionType":"section","heading":"Meaning of electrical risk, safe from electrical risk and","content":"4 Meaning of electrical risk, safe from electrical risk and\nelectrical safety\n(1) Electrical risk means the following:\n(a) in relation to an individual – the risk to the individual of death,\nshock or injury caused directly by electricity or originating from\nelectricity;\n(b) in relation to property – the risk to the property of:\n(i) damage caused by a cathodic protection system; or\n(ii) loss or damage caused directly by electricity or\noriginating from electricity.\n(2) Safe from electrical risk means the following:\n(a) for an individual or property – that:\n(i) electrical risk to the individual or property is eliminated,\nso far as is reasonably practicable; or\n(ii) if it is not reasonably practicable to eliminate electrical\nrisk to the individual or property – the risk is minimised\nso far as is reasonably practicable;\n(b) for electrical equipment or an electrical installation – that all\nindividuals and property are safe from electrical risk from the\nequipment or installation;\n\nElectrical Safety Act 2022 7\n(c) for the manner in which electrical equipment, an electrical\ninstallation or other electricity infrastructure are operated or\nused – that all individuals and property are safe from electrical\nrisk from the operation or use of the equipment, installation or\ninfrastructure;\n(d) for the manner in which electrical work is performed – that all\nindividuals are safe from electrical risk from the performance\nof the work;\n(e) for the manner in which a business or undertaking is\nconducted – that all individuals are safe from electrical risk\nfrom the conduct of the business or undertaking;\n(f) for the manner in which electrical equipment or an electrical\ninstallation is installed or repaired – that all individuals are safe\nfrom electrical risk from the installing or repairing of the\nequipment or installation.\n(3) Electrical safety means the state of being safe from electrical risk.\n","sortOrder":1},{"sectionNumber":"5","sectionType":"section","heading":"Meaning of serious electrical event and dangerous electrical","content":"5 Meaning of serious electrical event and dangerous electrical\nevent\n(1) A serious electrical event means an event involving electrical\nequipment if, in the event:\n(a) an individual is killed by electricity; or\n(b) an individual receives a shock or injury from electricity, and is\ntreated for the shock or injury by or under the supervision of a\nhealth practitioner; or\n(c) an individual receives a shock or injury from electricity at high\nvoltage, whether or not the person is treated for the shock or\ninjury by or under the supervision of a health practitioner.\n(2) A dangerous electrical event means any of the following:\n(a) circumstances in which an individual is not safe from electrical\nrisk because of electrical equipment but the individual does\nnot receive a shock or injury;\n(b) circumstances in which an individual would not have been\nsafe from electrical risk because of electrical equipment, if the\nindividual had been at a particular place at a particular time;\n(c) an event that involves electrical equipment and in which\nsignificant property damage is caused directly by electricity or\noriginates from electricity;\n\nElectrical Safety Act 2022 8\n(d) the performance of electrical work by a person not authorised\nunder an electrical work licence to perform the work;\n(e) the performance of electrical work by a person if, as a result of\nthe performance of the work, an individual or property is not\nsafe from electrical risk;\n(f) the discovery by a licensed electrical worker of electrical\nequipment that is not marked as required under this Act.\nExamples for subsection (2)(e):\n","sortOrder":2},{"sectionNumber":"1","sectionType":"section","heading":"The connection of electrical equipment to a source of supply involving","content":"1 The connection of electrical equipment to a source of supply involving\nincorrect polarity or other incorrect connection.\n","sortOrder":3},{"sectionNumber":"2","sectionType":"section","heading":"The performance of electrical work as a result of which an exposed wire is left","content":"2 The performance of electrical work as a result of which an exposed wire is left\nin circumstances in which it can be energised by the operation of a switch or\ncircuit breaker or the insertion of a fuse.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of electrical equipment","content":"6 Meaning of electrical equipment\n(1) Subject to subsection (2), electrical equipment means any\napparatus, appliance, cable, conductor, fitting, insulator, material,\nmeter or wire that:\n(a) is used for controlling, generating, supplying, transforming or\ntransmitting electricity at a voltage greater than extra-low\nvoltage; or\n(b) is used or operated at extra-low voltage, but is configured in\nan electrical installation for controlling, generating, supplying,\ntransforming or transmitting electricity at a voltage greater\nthan extra-low voltage; or\n(c) is operated by electricity at a voltage greater than extra-low\nvoltage; or\n(d) is part of an electrical installation located in an area in which\nthe atmosphere presents a risk to health and safety from fire\nor explosion; or\n(e) is, or is part of, a cathodic protection system; or\n(f) is prescribed by regulation.\nAppliances are equipment that consume electricity at a voltage greater than\nextra-low voltage and convert electricity into heat or motion or another form of\nenergy or is substantially changed in its electrical character.\n\nElectrical Safety Act 2022 9\n(2) Unless specifically included by regulation, electrical equipment\ndoes not include any apparatus, appliance, cable, conductor, fitting,\ninsulator, material, meter or wire that is part of, or powered by, a\nunit of a vehicle, boat or aircraft that provides propulsion.\n1 The headlights and ignition spark plugs of a motor vehicle are not electrical\n2 The interior lighting and a socket outlet in a caravan are electrical equipment\nif the lighting and outlet are operated by a low voltage generating set or\nconnected to low voltage supply.\n3 A refrigeration unit in a food delivery vehicle operating at low voltage from a\nsource separate from the propulsion unit for the vehicle is electrical\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of electrical installation","content":"7 Meaning of electrical installation\n(1) An electrical installation consists of a group of items of electrical\nequipment that:\n(a) are permanently electrically connected together; and\n(b) can be supplied with electricity from the electricity\ninfrastructure of an electricity entity or from a generating\nsource; and\n(c) does not include items of electrical equipment of an electricity\n(2) An item of electrical equipment may be part of more than one\nelectrical installation.\n(3) For subsection (1)(a):\n(a) an item of electrical equipment connected to electricity by a\nplug and socket outlet is taken not to be permanently\nelectrically connected; and\n(b) a connection achieved through using items of electrical\nequipment of an electricity entity is not a consideration in\ndetermining whether or not electrical equipment is electrically\nconnected.\nExamples for section 7\n1 The switchboard, wiring, lighting, socket outlets and other electrical\nequipment permanently connected for a house, a shop in a shopping centre\nor within a caravan.\n2 Solar panels and storage batteries for sources of renewable electricity.\n\nElectrical Safety Act 2022 10\n3 The switchboard, wiring, lighting, socket outlets and other electrical\nequipment permanently connected for a shopping centre or residential unit\ncomplex.\n4 The electrical installations for individual shops and individual residential units\nare generally included and the electrical installation for a shopping centre or\nresidential unit complex respectively.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of electric line","content":"8 Meaning of electric line\n(1) Subject to subsection (2), an electric line is:\n(a) a wire or conductor used for transmitting, transforming or\nsupplying electricity at a voltage greater than extra-low\nvoltage; and\n(b) anything ordinarily found in association with the wire or\nconductor; and\n(c) anything used for the purpose of protecting, insulating or\nsupporting, or supporting the operation of, the wire or\nconductor.\nExamples for subsection (1)\n1 A bracket, casing, coating, covering, duct, frame, insulator, pillar, pipe, pole,\ntower or tube enclosing, surrounding or supporting a wire or conductor.\n2 An air break, circuit breaker, switch, transformer or other apparatus\nconnected to a wire or conductor.\n(2) An electric line does not include:\n(a) a wire or conductor directly used in converting electricity into\nanother form of energy; or\n(b) a wire or conductor within the internal structure of a building.\n1 A cord for connecting an air conditioning unit, computer, lamp, television or\ntoaster to a supply of electricity is not an electric line.\n2 A power or lighting circuit within a building is not an electric line.\n9 Meaning of electrical work\n(1) Subject to subsection (2), electrical work means:\n(a) connecting electricity supply wiring to electrical equipment or\ndisconnecting electricity supply wiring from electrical\nequipment; or\n\nElectrical Safety Act 2022 11\n(b) manufacturing, constructing, installing, removing, adding,\ntesting, replacing, repairing, altering or maintaining electrical\nequipment or an electrical installation.\nExamples for subsection (1)\n1 Installing low voltage electrical wiring in a building.\n2 Installing electrical equipment into an installation coupler or interconnector.\n3 Replacing a low voltage electrical component of a washing machine.\n4 Maintaining an electricity entity’s overhead distribution system.\n(2) Electrical work does not include the following:\n(a) work that involves connecting electrical equipment to an\nelectricity supply by means of a flexible cord plug and socket\noutlet;\n(b) work on a non-electrical component of electrical equipment, if\nthe person carrying out the work is not exposed to an\nelectrical hazard;\n(c) replacing electrical equipment or a component of electrical\nequipment if:\n(i) the equipment or component was designed by its\nmanufacturer to be replaced by a person who does not\nhave expertise in carrying out electrical work; and\n(ii) the replacement can be safely performed by a person\nwho does not have expertise in carrying out electrical\nwork;\n(d) manufacturing or assembling electrical equipment in a\nworkplace in accordance with the Work Health and Safety\n(National Uniform Legislation) Act 2011;\n(e) building or repairing ducts, conduits, troughs or channels\nwhere electrical wiring will be or is installed if:\n(i) the channels are not intended to be earthed; and\n(ii) wiring installed in the channels is not energised; and\n(iii) the work is done under the supervision of a person\nlicensed to perform electrical installation work;\n(f) assisting a licensed electrical worker to carry out electrical\nwork on electrical equipment under the direct supervision of\nthe electrical worker, if the assistance does not involve\nphysical contact with any energised electrical equipment;\n\nElectrical Safety Act 2022 12\n(g) building, under the supervision of an electricity entity, an\noverhead electric line on structures that do not already carry\nan energised overhead electric line;\n(h) laying, cutting or sealing underground cables that are part of\nthe electricity infrastructure of an electricity entity before the\ninitial connection of the cables to an electricity source;\n(i) recovering underground cables that are part of the electricity\ninfrastructure of an electricity entity after disconnection from\nan electricity source;\n(j) altering, repairing, maintaining or recovering an overhead\nelectric line that is part of the electricity infrastructure of an\nelectricity entity, if the work is performed under the entity's\nsupervision and:\n(i) if the line is not on supports supporting another electric\nline – the line is isolated from an electricity source so\nthat the closure of a switch can not energise the section\nof the line where work is being done; or\n(ii) if the line is on supports supporting another electric\nline – both lines are isolated from an electricity source so\nthat the closure of a switch cannot energise the section\nof the line where the work is being done or an adjacent\nsection of the other line;\n(k) erecting structures for the support of electrical equipment;\n(l) locating, mounting or fixing in place electrical equipment, other\nthan:\n(i) making or terminating electrical connections to the\nequipment; or\n(ii) installing supply conductors that will connect the\nequipment to a supply of electricity;\n(m) maintaining the structural parts of the electrical traction system\non a railway, other than overhead electric lines, that forms part\nof the electricity infrastructure of an electricity entity, if the\nwork is structural work performed under a safe system of\nwork.\nExamples for subsection (2)(b)\n1 Painting electrical equipment covers.\n2 Repairing hydraulic components of an electrical motor.\n3 Replacing a drive belt on a washing machine.\n\nElectrical Safety Act 2022 13\nExample for subsection (2)(c)\nReplacing a fuse or a light bulb.\n","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":"Types of electrical work","content":"10 Types of electrical work\n(1) Electric cable joining work means electrical work associated with\ninstalling, jointing and terminating cable, the performance of which\nrequires specialised knowledge and skill.\n(2) Electrical installation work means electrical work associated with\nan electrical installation, but does not include the following electrical\nwork:\n(a) testing, repairing or maintaining electrical equipment included\nin the electrical installation;\n(b) electric line work associated with the electrical installation.\nInstalling or altering wiring or fixed appliances in a building.\n(3) Electric line work means electrical work associated with an\nelectric line.\nExamples for subsection (3)\n1 Erecting an aerial conductor that is part of electricity infrastructure.\n2 Installing or maintaining street lighting circuits.\n3 Testing an overhead electric line to ensure it is correctly connected.\n(4) Electrical equipment work means electrical work other than\nelectrical installation work or electric line work.\nExamples for subsection (4)\n1 Repairing substation electrical equipment.\n2 Repairing an electric range, whether or not it is part of an electrical\ninstallation.\n3 Installing, jointing or terminating covered cables.\n11 Meaning of officer\n(1) Subject to subsection (2), the following individuals are officers:\n(a) an officer of a corporation within the meaning of section 9 of\nthe Corporations Act 2001 (Cth);\n(b) an officer of the Crown within the meaning of section 240;\n(c) an officer of a local government council constituted under the\nLocal Government Act 2019;\n\nElectrical Safety Act 2022 14\n(d) an officer of a statutory corporation;\n(e) an officer of a public authority.\n(2) To avoid doubt, the following individuals are not officers:\n(a) an elected member of a local government council acting in\nthat capacity;\n(b) a partner in a partnership\n","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Meaning of in control","content":"12 Meaning of in control\n(1) A person is in control of electrical equipment if the person is\nresponsible for the control or management of the electrical\n(2) If residential premises are occupied by a person other than the\nowner of the premises, the owner is the person in control of any\nelectrical equipment at the premises that:\n(a) forms part of, or is supplied for use at, the premises; and\n(b) is owned by the owner of the premises.\n1 The owner of a residential unit, being rented to a tenant, is the person in\ncontrol of the water heater in the unit.\n2 The body corporate for a unit titles scheme would ordinarily be the person in\ncontrol of electrical equipment located on common property for the scheme.\n(3) Subject to subsection (2), a person who is the occupier of premises\nwhere electrical equipment is located is presumed to be the person\nin control of the electrical equipment.\nA manufacturer that owns a factory building used for the manufacturer's business\nwould ordinarily be the person in control of all electrical equipment at the building.\n(4) If a contract or other arrangement provides that a person other than\nthe occupier of premises where electrical equipment is located is to\ncontrol the electrical equipment, the other person is the person in\ncontrol of the equipment.\nExamples for subsection (4)\n1 If a manufacturer occupies a factory building under a lease and the lease\nprovides that the lessor keeps responsibility for the maintenance and repair of\nparticular electrical equipment at the building, the lessor is the person in\ncontrol of the particular electrical equipment.\n\nElectrical Safety Act 2022 15\n2 If the body corporate for a unit titles scheme enters into a contract under\nwhich an electrical contractor assumes responsibility for the repair and\nmaintenance of electrical equipment located on common property for the\nscheme, the electrical contractor is the person in control of the electrical\n3 If the lessee under a retail shop lease occupies retail premises in a shopping\ncentre under a lease and the lease provides that the shopping centre\nmanagement keeps responsibility for particular electrical equipment in the\nretail premises, the shopping centre management is the person in control of\nthe particular electrical equipment.\n(5) For subsection (1), a person does not control electrical equipment\nonly because the electrical equipment:\n(a) is the subject of electrical work performed by the person or\ndirected or supervised by the person; or\n(b) is used for the carrying out of work:\n(i) performed by the person as a worker; or\n(ii) directed or supervised by the person.\ncontrol, in relation to electrical equipment, includes having\nresponsibility for the maintenance and repair of the electrical\n","sortOrder":9},{"sectionNumber":"13","sectionType":"section","heading":"Person conducting a business or undertaking","content":"13 Person conducting a business or undertaking\n(1) For this Act, a person conducts a business or undertaking:\n(a) whether the person conducts the business or undertaking\nalone or with others; and\n(b) whether or not the business or undertaking is conducted for\nprofit or gain.\n(2) A business or undertaking conducted by a person includes a\nbusiness or undertaking conducted by a partnership or an\nunincorporated association.\n(3) If a business or undertaking is conducted by a partnership, other\nthan an incorporated partnership, a reference in this Act to a person\nconducting the business or undertaking is to be read as a reference\nto each partner in the partnership.\n(4) A person does not conduct a business or undertaking to the extent\nthat the person is engaged solely as a worker in, or as an officer of,\nthat business or undertaking.\n\nElectrical Safety Act 2022 16\n(5) An elected member of a local government council does not in that\ncapacity conduct a business or undertaking.\n(6) The regulations may prescribe the circumstances in which a person\nis taken not to be a person who conducts a business or undertaking\nfor the purposes of this Act or any provision of this Act.\n","sortOrder":10},{"sectionNumber":"14","sectionType":"section","heading":"Meaning of reasonably practicable in ensuring electrical safety","content":"14 Meaning of reasonably practicable in ensuring electrical safety\nReasonably practicable, in relation to a person's conduct, means\nthat which is, or was at a particular time, reasonably able to be\ndone by the person, taking into account and weighing up all\nrelevant matters including the following:\n(a) the probability of the harm to be eliminated or minimised or the\noffence to be prevented occurring;\n(b) the seriousness of the harm or offence;\n(c) the availability and suitability of ways to eliminate or minimise\nthe harm or to prevent the offence from occurring;\n(d) what the person concerned knows, or ought reasonably to\nknow, about the matters referred to in paragraphs (a) to (c);\n(e) the cost associated with the courses of conduct available to\nthe person, including whether the cost is grossly\ndisproportionate to the probability of the harm or offence\noccurring.\nExamples of conduct for section 14\nEliminating electrical risk, ensuring compliance with statutory requirements,\nkeeping vegetation clear, informing purchasers of a recall and preventing the\ncommission of an offence.\n","sortOrder":11},{"sectionNumber":"15","sectionType":"section","heading":"Meaning of worker","content":"15 Meaning of worker\n(1) An individual is a worker if the individual carries out work in any\ncapacity for a person conducting a business or undertaking,\nincluding work as any of the following:\n(a) an employee;\n(b) a contractor or subcontractor;\n(c) an employee of a contractor or subcontractor;\n(d) an employee of a labour hire company who is assigned to\nwork in the person's business or undertaking;\n(e) an outworker;\n\nElectrical Safety Act 2022 17\n(f) an apprentice or trainee;\n(g) a student gaining work experience;\n(h) a volunteer;\n(i) a person of a class prescribed by regulation.\n(2) An individual conducting a business or undertaking is a worker if\nthe individual carries out work in the business or undertaking.\n","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Purposes","content":"16 Purposes\n(1) The purposes of this Act are:\n(a) to prevent persons from being killed or injured by electricity;\nand\n(b) to prevent property from being destroyed or damaged by\nelectricity.\n(2) The purposes of this Act are achieved as follows:\n(a) by imposing duties on persons who may affect the electrical\nsafety of other persons and property by their conduct;\n(b) by establishing standards for industry and the community\ngenerally through:\n(i) regulations, ministerial notices and codes of practice\nabout achieving electrical safety; and\n(ii) requiring safety management and mitigation plans for\nelectricity entities;\n(c) by providing for the safety of all persons through the licensing\nand discipline of persons who perform electrical work;\n(d) by protecting consumers against the failure to properly\nperform and complete electrical work;\n(e) by providing the Electrical Safety Regulator with powers in\nrelation to electrical safety;\n\nElectrical Safety Act 2022 18\n(f) by establishing the Electrical Safety Board and its committees\nto:\n(i) allow industry and the community to participate in\ndeveloping strategies for improving electrical safety; and\n(ii) participate in developing requirements for the licensing\nand discipline of persons who perform electrical work;\nand\n(iii) promote community awareness about electrical safety;\nand\n(iv) participate in developing requirements for the electrical\nsafety of electrical equipment.\n","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Act binds Crown","content":"17 Act binds Crown\n(1) This Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n(2) The Crown is liable for an offence against this Act.\n","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Application of Criminal Code","content":"18 Application of Criminal Code\n(1) Part IIAA of the Criminal Code applies to an offence against this\nAct.\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n(2) An offence against Part 2, Division 6, is an indictable offence.\n","sortOrder":15},{"sectionNumber":"19","sectionType":"section","heading":"Duties not transferable","content":"19 Duties not transferable\nA duty under this Act is not transferable to another person.\n","sortOrder":16},{"sectionNumber":"20","sectionType":"section","heading":"Person with multiple duties","content":"20 Person with multiple duties\nA person may have more than one duty because of being in more\nthan one class of duty holder.\n\nElectrical Safety Act 2022 19\n","sortOrder":17},{"sectionNumber":"21","sectionType":"section","heading":"Multiple persons with same duty","content":"21 Multiple persons with same duty\n(1) More than one person may concurrently have the same duty.\n(2) Each duty holder must comply with that duty to the standard\nrequired by this Act even if another duty holder has the same duty.\n(3) If more than one person has a duty for the same matter, each\nperson:\n(a) retains responsibility for the person's duty in relation to the\nmatter; and\n(b) must discharge the person's duty to the extent to which the\nperson has the capacity to influence and control the matter or\nwould have had that capacity but for an agreement or\narrangement purporting to limit or remove that capacity.\n","sortOrder":18},{"sectionNumber":"22","sectionType":"section","heading":"Duty of officers","content":"22 Duty of officers\n(1) If a person conducting a business or undertaking has a duty under\nthis Act, an officer of the person must take reasonable steps and\nexercise due diligence to ensure that the person conducting the\nbusiness or undertaking complies with that duty.\n(2) An officer of a person conducting a business or undertaking may be\nfound guilty of an offence against this Act relating to a duty whether\nor not the person conducting the business or undertaking is found\nguilty under this Act relating to the duty.\n(3) An officer who takes reasonable steps to do all of the following is\ntaken to satisfy the duty in subsection (1):\n(a) acquire and keep up-to-date the officer's knowledge of\nelectrical safety matters;\n(b) gain an understanding of the nature of the operations of the\nbusiness or undertaking of the person conducting the\nbusiness or undertaking and generally of the hazards and\nrisks associated with those operations;\n(c) ensure that the person conducting the business or undertaking\nhas available for use, and uses, appropriate resources and\nprocesses to eliminate or minimise risks to electrical safety\nfrom work performed as part of the conduct of the business or\nundertaking;\n\nElectrical Safety Act 2022 20\n(d) ensure that the person conducting the business or undertaking\nhas appropriate processes for receiving and considering\ninformation regarding events, hazards and risks and\nresponding in a timely manner to that information;\n(e) ensure that the person conducting the business or undertaking\nhas, and implements, processes for complying with any duty\nof the person under this Act;\n(f) verify the provision and use of the resources and processes\nspecified in paragraphs (c) to (e).\nExample for subsection (3)(e)\nEnsuring compliance with notices issued under this Act and ensuring that training\nand instruction about electrical safety are provided to workers.\n","sortOrder":19},{"sectionNumber":"23","sectionType":"section","heading":"Primary safety duty","content":"23 Primary safety duty\n(1) A person conducting a business or undertaking must ensure that\nthe business or undertaking is safe from electrical risk.\n(2) Without limiting subsection (1), the duty includes ensuring that:\n(a) any electrical equipment used in the person’s business or\nundertaking is safe from electrical risk; and\n(b) any individual or property likely to be affected by any electrical\nwork performed by the business or undertaking is safe from\nelectrical risk; and\n(c) any individual performing work in the business or undertaking\ninvolving contact with, or being near to, an exposed conductor\nor an exposed component of an item of electrical equipment is\nsafe from electrical risk.\n","sortOrder":20},{"sectionNumber":"24","sectionType":"section","heading":"Safety duty of electricity entity","content":"24 Safety duty of electricity entity\n(1) An electricity entity must ensure that its works:\n(a) are safe from electrical risk; and\n(b) are operated and maintained in a manner that is safe from\nelectrical risk.\n(2) Without limiting subsection (1), the duty includes ensuring that\nelectricity entity's works are inspected, tested and maintained.\n\nElectrical Safety Act 2022 21\n","sortOrder":21},{"sectionNumber":"25","sectionType":"section","heading":"Safety duty of designers","content":"25 Safety duty of designers\n(1) Subsections (2) and (3) apply to a person who conducts a business\nor undertaking that designs electrical equipment or an electrical\ninstallation.\n(2) The person must ensure that the electrical equipment or electrical\ninstallation is designed to be safe from electrical risk.\n(3) If the person gives the design to another entity, the designer must\nensure that the design is accompanied by information about the\nmanner in which the electrical equipment or electrical installation\nmust be used and installed to ensure the equipment or installation\nis safe from electrical risk.\n","sortOrder":22},{"sectionNumber":"26","sectionType":"section","heading":"Safety duty of manufacturers","content":"26 Safety duty of manufacturers\n(1) This section applies to a person who conducts a business or\nundertaking that manufactures electrical equipment.\n(2) The person must ensure that:\n(a) the processes used to manufacture the electrical equipment\nmake the electrical equipment safe from electrical risk; and\n(b) the electrical equipment, when made, is safe from electrical\n(3) Without limiting subsection (2)(b), the duty includes ensuring that\nthe electrical equipment, when made, is tested and examined to\nconfirm that it is safe from electrical risk.\nThis duty could apply to a manufacturer who is a supplier of consumer electrical\n","sortOrder":23},{"sectionNumber":"27","sectionType":"section","heading":"Safety duty of importers","content":"27 Safety duty of importers\n(1) Subsections (2) and (3) apply to a person who conducts a business\nor undertaking that imports electrical equipment.\n(2) The person must ensure that the imported electrical equipment is\nsafe from electrical risk.\n(3) Without limiting subsection (1), the duty includes ensuring that the\nimported electrical equipment:\n(a) is designed to be safe from electrical risk; and\n\nElectrical Safety Act 2022 22\n(b) is tested and examined to confirm that it is safe from electrical\nExample for section 27\nThis duty could apply to an importer who is a supplier and the electrical\nequipment is consumer electrical equipment.\n","sortOrder":24},{"sectionNumber":"28","sectionType":"section","heading":"Safety duty of suppliers","content":"28 Safety duty of suppliers\nA supplier of electrical equipment must ensure that information\nabout how to use the electrical equipment in a manner that is safe\nfrom electrical risk accompanies the electrical equipment when it\nleaves the supplier's business or undertaking.\n","sortOrder":25},{"sectionNumber":"29","sectionType":"section","heading":"Safety duty of installers","content":"29 Safety duty of installers\nA person who installs electrical equipment or an electrical\ninstallation must ensure that:\n(a) it is installed in a manner that is safe from electrical risk and in\naccordance with the regulations; and\n(b) the processes followed to install it make it safe from electrical\nrisk when installed; and\n(c) it is examined and tested in accordance with the regulations to\nbe safe from electrical risk; and\n(d) the notifications required under the regulations are complied\nwith.\n","sortOrder":26},{"sectionNumber":"30","sectionType":"section","heading":"Safety duty of repairers","content":"30 Safety duty of repairers\nA person who repairs electrical equipment or an electrical\ninstallation must ensure that:\n(a) the manner in which the equipment or installation is repaired is\nsafe from electrical risk; and\n(b) the processes of repair make the equipment or installation,\nwhen repaired, safe from electrical risk; and\n(c) the equipment or installation, when repaired, is safe from\nelectrical risk; and\n(d) the person tests and examines the repaired equipment or\ninstallation to ensure it is safe from electrical risk.\n\nElectrical Safety Act 2022 23\n","sortOrder":27},{"sectionNumber":"31","sectionType":"section","heading":"Safety duty of owner or operator of installation","content":"31 Safety duty of owner or operator of installation\nA person who owns or operates an electrical installation must do all\nthat is reasonably practicable to ensure that:\n(a) the installation complies with, and is operated in accordance\nwith, any technical and safety requirement prescribed by\nregulation; and\n(b) the installation is safe from electrical risk and safely operated\nand maintained.\n","sortOrder":28},{"sectionNumber":"32","sectionType":"section","heading":"Safety duty of person in control of electrical equipment","content":"32 Safety duty of person in control of electrical equipment\n(1) A person who is in control of electrical equipment must ensure that\nthe electrical equipment is safe from electrical risk.\n(2) Subsection (1) does not apply to electrical equipment that:\n(a) is located at residential premises in which the person lives; or\n(b) forms part of the electricity infrastructure of an electricity\n","sortOrder":29},{"sectionNumber":"33","sectionType":"section","heading":"Safety duty of worker","content":"33 Safety duty of worker\n(1) While at work, a worker must take:\n(a) reasonable care for the worker's own electrical safety; and\n(b) reasonable care that the worker's conduct does not create an\nelectrical risk to other individuals or to property.\n(2) The worker must comply, as far as reasonably practicable, with any\nreasonable instruction given for the purpose of compliance with this\nAct by:\n(a) the person conducting the business or undertaking; and\n(b) a person in control of electrical equipment located at the\nworker's workplace.\n(3) The worker must cooperate with any reasonable policy or\nprocedure, of which the worker has notice, relating to electrical\nsafety at the workplace that is made by the person conducting the\nbusiness or undertaking.\n\nElectrical Safety Act 2022 24\n","sortOrder":30},{"sectionNumber":"34","sectionType":"section","heading":"Duty to ensure workers are licensed","content":"34 Duty to ensure workers are licensed\nA person conducting a business or undertaking that provides\nelectrical work requiring an electrical work licence must ensure that:\n(a) the electrical work is performed by the holder of an electrical\nwork licence that authorises the work; and\n(b) any supervision of the electrical work is performed by the\nholder of an electrical work licence that authorises the work.\n","sortOrder":31},{"sectionNumber":"35","sectionType":"section","heading":"Safety duty of other individuals","content":"35 Safety duty of other individuals\n(1) An individual at a place where electrical equipment is located must:\n(a) take reasonable care for the individual’s own electrical safety;\nand\n(b) take reasonable care that the individual's conduct does not\nadversely affect the electrical safety of other individuals.\n(2) The individual must comply, as far as reasonably practicable, with\nany reasonable instruction given for the purpose of compliance with\nthis Act by the person in control of the electrical equipment.\nNote for section 35\nThis duty is in addition to any other electrical safety duty the individual may have.\n","sortOrder":32},{"sectionNumber":"36","sectionType":"section","heading":"Safety duty of person conducting recognised external","content":"36 Safety duty of person conducting recognised external\ncertification scheme\n(1) The duty specified in subsection (2) applies to a person who\nconducts a business or undertaking that:\n(a) conducts an external certification scheme prescribed by\nregulation; and\n(b) certifies consumer electrical equipment under the scheme.\n(2) The person must ensure that the consumer electrical equipment to\nwhich the certification relates is safe from electrical risk.\n","sortOrder":33},{"sectionNumber":"37","sectionType":"section","heading":"Duty to report events","content":"37 Duty to report events\n(1) The following events must be reported under this section:\n(a) a serious electrical event;\n\nElectrical Safety Act 2022 25\n(b) a dangerous electrical event.\n(2) The following persons must report the event:\n(a) if the event occurs from the conduct of the holder of a\nlicence – the holder of the licence;\n(b) if the event occurs from the conduct of a person under the\nsupervision of the holder of a licence – the holder of the\n(c) in any other case – the occupier of the premises where the\nevent occurs.\n(3) The report must be made to the to the Electrical Safety Regulator\nimmediately after the person become aware that the event\noccurred.\n(4) The report may be given verbally or in writing.\nExample for subsection (4)\nThe notice can be given by telephone, email or other electronic means.\n(5) In the case of a verbal report:\n(a) the report must include the details of the event requested by\nthe Electrical Safety Regulator; and\n(b) a written report must also be given within 48 hours, unless not\nrequired by the Electrical Safety Regulator.\n(6) A written report must be in the approved form.\n(7) The Electrical Safety Regulator must acknowledge, in writing, any\nreport received under this Division.\n(8) A person conducting a business or undertaking must keep a record\nof any event referred to in subsection (1) that occurs in relation to\nthe business or undertaking for a period of 5 years after the event\noccurs.\n","sortOrder":34},{"sectionNumber":"38","sectionType":"section","heading":"Duty to preserve site of event","content":"38 Duty to preserve site of event\n(1) The site where an event referred to in section 37(1) occurs must be\npreserved under this section.\n(2) The person with management or control of the site must do all that\nis reasonably practicable to protect the site until an inspector\narrives at the site or any earlier time that an inspector directs.\n\nElectrical Safety Act 2022 26\n(3) Subsection (2) does not prevent the following:\n(a) action to assist an injured person;\n(b) action to remove a deceased person;\n(c) action essential to make the place safe or to minimise any\nelectrical risk;\n(d) a police investigation;\n(e) any other action permitted by an inspector or the Electrical\nSafety Regulator.\n(4) In this section, a reference to a site includes any substance or thing\nassociated with the event.\n","sortOrder":35},{"sectionNumber":"39","sectionType":"section","heading":"Notice of proposed work related to electricity network","content":"39 Notice of proposed work related to electricity network\n(1) Before conducting any of the following electrical work, the holder of\na licence must give notice of and receive approval for the work to\nthe network operator:\n(a) altering an electricity network;\n(b) making a connection to or disconnection from an electricity\nnetwork;\n(c) isolating electrical equipment from an electricity network;\n(d) connecting or disconnecting a final sub-circuit from a private\ngenerating plant with a capacity exceeding 25 kW;\n(e) removing a private generating plant with a capacity exceeding\n25 kW;\n(f) any other work prescribed by regulation.\n(2) The notice must:\n(a) be in a form acceptable to the network operator; and\n(b) specify the nature of the work to be conducted; and\n(c) specify the place where the work is to be conducted.\n\nElectrical Safety Act 2022 27\n","sortOrder":36},{"sectionNumber":"40","sectionType":"section","heading":"Requirements for work related to electricity network","content":"40 Requirements for work related to electricity network\n(1) An electricity entity may make reasonable requirements for:\n(a) any work specified under section 39(1); and\n(b) the safety of persons carrying out work related to a connection\nto its electricity network.\n(2) A person who proposes to make a connection to an electricity\nnetwork must give the electricity entity written notice of the\n(3) The notice must be given at least 24 hours before the proposed\nwork begins and specify:\n(a) the nature of the work to be conducted; and\n(b) the place where the work is to be conducted; and\n(c) any other information the electricity entity requires to protect\nits electricity infrastructure and the safety of the persons\ncarrying out the work.\n(4) On receipt of a notice under subsection (2), the electricity entity\n(a) inform the person of the requirements it made under\nsubsection (1) in relation to the proposed work; and\n(b) approve or not approve the proposed work.\n(5) A person who receives approval from the electricity entity for the\nproposed work must comply with:\n(a) any reasonable requirement the person was informed of by\nthe electricity entity in relation to the proposed work;\n(b) any requirement prescribed by regulation applicable to the\n","sortOrder":37},{"sectionNumber":"41","sectionType":"section","heading":"Certificate of compliance","content":"41 Certificate of compliance\n(1) Subject to subsection (3), a person who conducts electrical work\nmust complete a certificate of compliance that certifies that:\n(a) the electrical work was tested to be safe from electrical risk;\nand\n\nElectrical Safety Act 2022 28\n(b) the electrical work complies with this Act and any standards\nprescribed or adopted by regulation.\n(2) The certificate of compliance must:\n(b) include the information prescribed by regulation.\n(3) If the person who conducts the electrical work is employed or\nengaged to carry out the work by the holder of an electrical\ncontractor licence and is not authorised to complete a certificate of\ncompliance, the holder of the licence must complete the certificate\ninstead of the person who conducts the electrical work.\n(4) The certificate must, within 20 business days after completing the\nwork, be given to the following:\n(a) the owner and occupier of the place where the work was\nperformed;\n(b) the person, other than the owner or occupier, for whom the\nwork was performed;\n(c) if the work is performed under Division 4 – the operator of the\nelectricity network;\n(d) if the work is in-house electrical work carried out under the\nauthority of an in-house electrical licence – the holder of the\nin-house electrical licence;\n(e) the Electrical Safety Regulator.\n(5) The person who completes the certificate of compliance must retain\nthe certificate for a period of at least 5 years from the date it was\ncompleted.\n(6) If the work is in-house electrical work carried out under the authority\nof an in-house electrical licence, the holder of the in-house\nelectrical licence must retain the certificate for the shorter of the\nfollowing periods:\n(a) the period of 30 years from the date it was signed;\n(b) the period beginning on the day it was signed and ending on\nthe day the place or electrical installation for which the work\nwas performed is decommissioned;\n(c) any other period specified by the Electrical Safety Regulator.\n\nElectrical Safety Act 2022 29\n(7) The Electrical Safety Regulator must retain the certificate for\n30 years.\n","sortOrder":38},{"sectionNumber":"42","sectionType":"section","heading":"Exemption from certificate of compliance requirements","content":"42 Exemption from certificate of compliance requirements\n(1) Despite section 41, a certificate of compliance is not required in the\nfollowing circumstances:\n(a) maintenance work;\n(b) electrical installing work that is associated with the installation\nof a temporary builder's supply;\n(c) electrical work exempted by the Electrical Safety Regulator\nunder subsection (2).\n(2) The Electrical Safety Regulator may, on application or on the\nElectrical Safety Regulator's own initiative, exempt specific\nelectrical work or a specific place from the requirement to complete\nand sign a compliance certificate under section 41.\n(3) An exemption may be granted if:\n(a) the work or place are eligible for exemption under the\nregulations; or\n(b) the Electrical Safety Regulator is satisfied that the exemption\nwill not create an electrical risk.\n(4) The exemption may be subject to any conditions that the Electrical\nSafety Regulator considers appropriate.\n(5) A person conducting electrical work under an exemption must\ncomply with any conditions of the exemption.\ntemporary builder's supply means a self-contained switchboard\nthat:\n(a) is mounted on a pole or stand; and\n(b) is relocatable; and\n(c) is connected to a single phase supply; and\n(d) has no sub mains connected; and\n(e) consists of a meter, a service protective device, a residual\ncurrent device and socket outlets for electrical appliances\nused for building purposes.\n\nElectrical Safety Act 2022 30\n","sortOrder":39},{"sectionNumber":"43","sectionType":"section","heading":"Reckless conduct – category 1","content":"43 Reckless conduct – category 1\n(1) A person commits a category 1 offence if:\n(a) the person has an electrical safety duty; and\n(c) that conduct results in a risk to an individual of death, serious\ninjury or serious illness caused directly by electricity or\noriginating from electricity; and\nconducting a business or undertaking – 2 000 penalty units or\nimprisonment for 5 years or both; or\nor undertaking – 4 000 penalty units or imprisonment for\n5 years or both; or\n(c) for a body corporate – 20 000 penalty units.\n(2) Strict liability applies to subsection (1)(a).\n","sortOrder":40},{"sectionNumber":"44","sectionType":"section","heading":"Failure to comply with electrical safety duty – category 2","content":"44 Failure to comply with electrical safety duty – category 2\n(1) A person commits a category 2 offence if:\n(a) the person has an electrical safety duty; and\n(c) that conduct results in a risk to an individual of death, serious\ninjury or serious illness caused directly by electricity or\noriginating from electricity.\nconducting a business or undertaking – 1 000 penalty units; or\n\nElectrical Safety Act 2022 31\nor undertaking – 2 000 penalty units; or\n(c) for a body corporate – 10 000 penalty units.\n","sortOrder":41},{"sectionNumber":"45","sectionType":"section","heading":"Failure to comply with electrical safety duty – category 3","content":"45 Failure to comply with electrical safety duty – category 3\n(1) A person commits a category 3 offence if:\n(a) the person has an electrical duty; and\n(b) the person fails to comply with that duty.\nconducting a business or undertaking – 320 penalty units; or\nor undertaking – 650 penalty units; or\n(c) for a body corporate – 3 200 penalty units.\n(3) The maximum penalty of 650 penalty units under subsection (1) for\nan officer only applies in relation to a duty imposed under\nsections 23 to 34.\n","sortOrder":42},{"sectionNumber":"46","sectionType":"section","heading":"Exemption for volunteer","content":"46 Exemption for volunteer\nA volunteer is exempt from an offence against this Division for\nfailing to comply with an electrical safety duty, except a duty under\nsection 33 or 35.\nNote for section 46\nThe defendant has an evidential burden in relation to this exemption (see\n","sortOrder":43},{"sectionNumber":"47","sectionType":"section","heading":"Offences in relation to events","content":"47 Offences in relation to events\n(a) a serious electrical event or dangerous electrical event occurs;\nand\n\nElectrical Safety Act 2022 32\n(b) the person must report the event under section 37; and\n(c) the person fails to report the event immediately in accordance\nwith section 37 after becoming aware that the event occurred.\n(a) the person has management or control of a place; and\n(b) a serious electrical event or dangerous electrical event occurs\nat the place; and\n(c) the person fails to do all that was reasonably practicable to\npreserve the site of the event in accordance with section 38.\n(a) a serious electrical event or dangerous electrical event occurs;\nand\n(b) the person must record the event in accordance with\nsection 37(8); and\n(c) the person fails, after becoming aware of the event, to keep a\nrecord of the event for a period of 5 years after the event\noccurred.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\n","sortOrder":44},{"sectionNumber":"48","sectionType":"section","heading":"Offences in relation to certificates","content":"48 Offences in relation to certificates\n(a) the person:\n(i) conducts electrical work; or\n(ii) employs a person who conducts electrical work; and\n(b) the person is required to complete, give or retain a certificate\nof compliance under section 41 but the person fails to do so;\nand\n\nElectrical Safety Act 2022 33\n(b) the person fails to complete, sign and give a certificate of\ncompliance in accordance with section 41; and\n(c) the person has no exemption under section 42.\n(a) the person completes or gives a certificate of compliance\nunder section 41; and\n(b) any information in the certificate is false.\n(a) the person completes a certificate of compliance in relation to\nelectrical work; and\n(b) the person did not conduct the electrical work or is not the\nholder of an electrical contractor licence who employed the\nperson who conducted the electrical work.\n(4) An offence against subsection (1), (2) or (3) is an offence of strict\n","sortOrder":45},{"sectionNumber":"49","sectionType":"section","heading":"Types of licences","content":"49 Types of licences\n(1) The following types of licences are established under this Act:\n(a) an electrical work licence;\n(b) an electrical contractor licence;\n(c) an in-house electrical licence.\n(2) The regulations may prescribe different classes of licences\ndepending on the nature of the electrical work.\n(3) The holder of a licence is restricted to the nature of electrical work\nauthorised by this Act, the regulations and the licence.\n\nElectrical Safety Act 2022 34\n","sortOrder":46},{"sectionNumber":"50","sectionType":"section","heading":"Electrical work licence","content":"50 Electrical work licence\n(1) A person must hold an electrical work licence to perform or\nsupervise electrical work.\n(2) Only an individual may hold an electrical work licence.\n(3) An electrical work licence is not required for the following:\n(a) to perform or supervise electrical work for the purpose of\ninstalling or repairing telecommunications cabling;\n(b) to supervise electrical work while the individual is practising as\nan electrical engineer;\n(c) to perform or supervise electrical work as part of the testing of\nelectrical equipment that the individual is authorised to do by\nregulation;\n(d) to perform electrical work, as an apprentice registered under\nsection 62, in a calling that requires the apprentice to perform\nelectrical work;\n(e) to perform electrical work, as a trainee holding a trainee permit\nunder section 63, in a calling that requires the trainee to\nperform electrical work of a type prescribed by regulation;\n(f) to perform electrical work, as a student, as part of training\nunder the supervision of teaching staff at:\n(i) a university; or\n(ii) a college, school or similar institution conducted or\napproved by an Agency of the Territory or a department\nor agency of the Commonwealth.\n(4) The conditions and restrictions of electrical work licences are\nprescribed by regulation.\n","sortOrder":47},{"sectionNumber":"51","sectionType":"section","heading":"Electrical contractor licence","content":"51 Electrical contractor licence\n(1) A person requires an electrical contractor licence to conduct a\nbusiness or undertaking that:\n(a) performs electrical work; or\n(b) advertises, notifies or states that the person, business or\nundertaking performs electrical work; or\n(c) contracts for the performance of electrical work, other than\nunder a contract of employment; or\n\nElectrical Safety Act 2022 35\n(d) represents to the public that the person, business or\nundertaking is willing to perform electrical work; or\n(e) employs a worker to perform electrical work for anyone other\nthan the person.\n(2) An electrical contractor licence is not required for the following:\n(a) electrical work performed by the holder of an electrical work\nlicence if:\n(i) the licence authorises electrical installation work, electric\nline work and electrical equipment work; and\n(ii) the work is performed for the holder or an immediate\nrelative of the holder at a place owned or occupied by\nthe holder or an immediate relative;\n(b) minor emergency repairs made by the holder of an electrical\nwork licence referred to in paragraph (a)(i) to make electrical\nequipment safe from electrical risk;\n(c) contracting for the performance of work that includes the\nperformance of electrical work if the electrical work is intended\nto be subcontracted to the holder of an electrical contractor\nlicence who is authorised under the licence to perform the\nelectrical work;\n(d) any work exempted by regulation.\n(3) An electrical contractor licence does not authorise a person to\nperform electrical work without an electrical work licence.\n(4) The conditions and restrictions of electrical contractor licences are\nprescribed by regulation.\n(5) In this section:\nimmediate relative, in relation to a person, means a spouse,\nde facto spouse, parent, grandparent, child, grandchild, sibling or\nstep-relative of the person.\n","sortOrder":48},{"sectionNumber":"52","sectionType":"section","heading":"In-house electrical licence","content":"52 In-house electrical licence\n(1) An in-house electrical licence authorises the holder to conduct a\nbusiness or undertaking that employs a worker to perform electrical\nwork exclusively for the person.\n\nElectrical Safety Act 2022 36\n(2) An in-house electrical licence does not authorise the holder to\nemploy a person to perform electrical work without an electrical\n(3) The conditions of in-house electrical licences are prescribed by\n","sortOrder":49},{"sectionNumber":"53","sectionType":"section","heading":"Register of engaged workers","content":"53 Register of engaged workers\n(1) The holder of an electrical contractor licence or in-house electrical\nlicence must keep a register of any worker engaged by the holder\nto perform or supervise electrical work.\n(2) The register must include the prescribed information for each\nperson engaged to perform or supervise electrical work.\n(3) The prescribed information for each person must be kept until at\nleast 5 years after the day the person ceased being engaged.\n(4) The register may be kept in electronic form.\n(5) The register must be available for immediate inspection by an\ninspector on request.\n","sortOrder":50},{"sectionNumber":"54","sectionType":"section","heading":"Information from engaged electrical worker","content":"54 Information from engaged electrical worker\n(1) For section 53, each worker engaged to perform or supervise\nelectrical work by the holder of an electrical contractor's licence or\nin-house electrical licence must give the holder of the licence with\nthe following information:\n(a) the information regarding the worker's licence prescribed by\nregulation;\n(b) any suspension, cancellation or surrender of the worker's\n(c) any expiry, without renewal, of the worker's licence;\n(d) any amendment of the worker's licence that changes:\n(i) the work or activities authorised to be performed under\nthe licence; or\n(ii) the conditions or restrictions imposed on the licence;\n(e) any reinstatement of the worker's licence after its suspension;\n(f) any other change to the worker's information in the register\nreferred to in section 53.\n\nElectrical Safety Act 2022 37\n(2) The worker must give the information referred to in subsection (1)\nby written notice as follows:\n(a) in the case of the prescribed information referred to in\nsubsection (1)(a) – on being engaged;\n(b) in the case of the other information in subsection (1) – within\n10 business days after the occurrence of the event.\n","sortOrder":51},{"sectionNumber":"55","sectionType":"section","heading":"Application for licence","content":"55 Application for licence\n(1) A person may apply to the Electrical Safety Regulator for a licence.\n(2) To be eligible for a licence, the person must meet the eligibility\ncriteria prescribed by regulation for the licence.\n(3) An application for a licence must:\n","sortOrder":52},{"sectionNumber":"56","sectionType":"section","heading":"Application to renew licence","content":"56 Application to renew licence\n(1) The holder of a licence may apply to the Electrical Safety Regulator\nto renew the licence.\n(2) A licence may be renewed within 1 year after its expiry.\nAfter a year, a person must apply for a new licence instead of renewing the\nexpired licence.\n(3) An application to renew a licence must:\n(4) An expired licence is taken to be not in force for the period from the\nday it expired until the day it is renewed.\n(5) A licence that is renewed after its expiry is in force from the date of\nits renewal.\n(6) A licence cannot be renewed while:\n(a) it is suspended; or\n\nElectrical Safety Act 2022 38\n(b) the holder is disqualified from holding it.\n","sortOrder":53},{"sectionNumber":"57","sectionType":"section","heading":"Further information to support application","content":"57 Further information to support application\n(1) The Electrical Safety Regulator may, by written notice, require an\napplicant for a licence to do any of the following:\n(a) undergo an assessment of the applicant's competency to\nperform electrical work;\n(b) give the Electrical Safety Regulator a document or further\ninformation reasonably required to decide the application.\nExample of information for subsection (1)(b)\nThe person continues to hold public liability insurance of the required amount\nunder a contract of insurance approved by the Electrical Safety Regulator.\n(2) The Electrical Safety Regulator may, in the notice, require the\napplicant to verify the document or information by statutory\ndeclaration within a period of at least 15 business days as specified\nin the notice.\n(3) The applicant must comply with the notice within the period\nspecified in the notice.\n(4) An applicant is taken to have withdrawn the application if the\napplicant does not comply with a requirement under subsection (1)\nor (2) within the period specified in the notice.\n","sortOrder":54},{"sectionNumber":"58","sectionType":"section","heading":"Issuing and renewing licences","content":"58 Issuing and renewing licences\n(1) When issuing or renewing a licence, the Electrical Safety Regulator\nmust consider any eligibility criteria required under this Act for the\napplicant.\n(2) If the Electrical Safety Regulator proposes to refuse to issue or\nrenew a licence, the Electrical Safety Regulator must give the\napplicant a written notice:\n(a) advising the person of the proposed refusal; and\n(b) stating the grounds for the proposed refusal; and\n(c) inviting the applicant to show cause, within a specified period\nof at least 10 business days, why the application should not be\nrefused.\n(3) If the applicant wishes to show cause why the application should\nnot be refused, the applicant must make written submissions to the\nElectrical Safety Regulator within the period specified in the notice.\n\nElectrical Safety Act 2022 39\n(4) After considering any written submissions made by the applicant,\nthe Electrical Safety Regulator must decide to:\n(a) issue, or refuse to issue, the licence; or\n(b) renew, or refuse to renew, the licence.\n(5) The Electrical Safety Regulator must give the applicant a decision\nnotice as soon as practicable after making a decision on the\napplication.\n","sortOrder":55},{"sectionNumber":"59","sectionType":"section","heading":"Conditions and restrictions","content":"59 Conditions and restrictions\nWhen issuing or renewing a licence, the Electrical Safety Regulator\nmay impose the conditions or restrictions the Electrical Safety\nRegulator considers necessary or desirable for the proper\nperformance of electrical work.\nExamples for section 59\n1 A condition that the holder of a licence be insured.\n2 A restriction that limits the electrical work that may be performed under the\n60 Compliance with conditions and restrictions\n(1) The holder of a licence must comply with any condition or restriction\nimposed on the licence under this Act.\n(a) holds a licence; and\n(b) intentionally engages in conduct; and\n(c) the conduct results in contravention of a condition or\nrestriction imposed on the licence under this Act; and\nMaximum penalty: 400 penalty units.\n(3) Strict liability applies to subsection (2)(a).\n","sortOrder":56},{"sectionNumber":"61","sectionType":"section","heading":"Licence fees","content":"61 Licence fees\nThe fees for applications relating to licences are prescribed by\n\nElectrical Safety Act 2022 40\n","sortOrder":57},{"sectionNumber":"62","sectionType":"section","heading":"Registration of apprentices","content":"62 Registration of apprentices\n(1) A person may apply to the Electrical Safety Regulator to be\nregistered as an apprentice if the person:\n(a) is an apprentice; and\n(b) intends to perform work that requires an electrical work\n(c) meets the eligibility criteria prescribed by regulation.\n(2) An application for registration as an apprentice must:\n(3) The Electrical Safety Regulator must maintain a record of\nregistered apprentices.\n(4) A person registered as an apprentice may perform electrical work if:\n(a) the person is under the direct supervision of a person who\nholds an electrical work licence; or\n(b) the work is prescribed by regulation and the person is under\nthe general supervision of a person who holds an electrical\n","sortOrder":58},{"sectionNumber":"63","sectionType":"section","heading":"Trainee permits","content":"63 Trainee permits\n(1) A person may apply to the Electrical Safety Regulator for a trainee\npermit if the person:\n(a) is a trainee; and\n(b) intends to perform work that requires an electrical work\n(c) meets the eligibility criteria prescribed by regulation.\n(2) An application for a trainee permit must:\n\nElectrical Safety Act 2022 41\n(3) The Electrical Safety Regulator must maintain a record of the\nholders of trainee permits.\n(4) A person holding a trainee permit may perform electrical work if:\n(a) the person is under the direct supervision of a person who\nholds an electrical work licence; or\n(b) the work is prescribed by regulation and the person is under\nthe general supervision of a person who holds an electrical\n","sortOrder":59},{"sectionNumber":"64","sectionType":"section","heading":"Recognition of interstate licences","content":"64 Recognition of interstate licences\n(1) A licence, permit, certificate or other authority issued under a law of\na State or another Territory substantially corresponding to this Act\nis taken to be equivalent to an electrical work licence if:\n(a) it authorises work of a type authorised by an electrical work\n(b) it is recognised under the regulations as equivalent to an\nelectrical work licence.\n(2) The holder of a licence, permit, certificate or other authority taken to\nbe equivalent under subsection (1) may be used, instead of an\nelectrical work licence, if the holder:\n(a) gives the Electrical Safety Regulator prior written notice; and\n(b) resides outside the Territory; and\n(c) does not remain in the Territory for more than 6 months during\nany 12 month period; and\n(d) does not perform more than 120 days of electrical work in the\nTerritory during any 12 month period.\n(3) To avoid doubt, the provisions of this Act applicable to the holder of\nan electrical work licence apply in relation to the holder of a licence,\npermit, certificate or other authority taken to be equivalent under\n\nElectrical Safety Act 2022 42\n","sortOrder":60},{"sectionNumber":"65","sectionType":"section","heading":"Electrical worker offences","content":"65 Electrical worker offences\n(a) intentionally performs electrical work or supervises another\nperson performing electrical work; and\n(b) the electrical work requires the person to hold an electrical\nwork licence and the person is reckless in relation to that\ncircumstance; and\n(c) the person does not hold an electrical work licence.\n","sortOrder":61},{"sectionNumber":"66","sectionType":"section","heading":"Electrical contractor offences","content":"66 Electrical contractor offences\nand\nelectrical contractor licence and the person is reckless in\n(c) the person does not hold an electrical contractor licence.\nand\nelectrical contractor licence and the person is reckless in\n(c) a worker carries out work for the business or undertaking that\nrequires the worker to hold an electrical work licence and the\nperson is reckless in relation to that circumstance; and\n\nElectrical Safety Act 2022 43\n(d) the worker does not hold an electrical work licence that\nauthorises the work.\n(4) Strict liability applies to subsection (3)(d).\n","sortOrder":62},{"sectionNumber":"67","sectionType":"section","heading":"In-house contractor offence","content":"67 In-house contractor offence\nand\nin-house electrical licence and the person is reckless in\n(c) the person does not hold an in-house electrical licence.\nand\nin-house electrical licence and the person is reckless in\n(c) a worker carries out work for the business or undertaking that\nrequires the worker to hold an electrical work licence and the\nperson is reckless in relation to that circumstance; and\n(d) the worker does not hold an electrical work licence that\nauthorises the work.\n(4) Strict liability applies to subsection (3)(d).\n","sortOrder":63},{"sectionNumber":"68","sectionType":"section","heading":"Offences related to register of engaged workers","content":"68 Offences related to register of engaged workers\n(a) the person conducts a business or undertaking that requires\nthe person to hold an electrical contractor licence or an\nin-house electrical licence; and\n\nElectrical Safety Act 2022 44\n(b) the person fails to keep, or make available for inspection, the\nregister in accordance with this section 53.\n(a) the person is a worker performing or supervising electrical\nwork for an electrical contractor; and\n(b) the person fails to give the electrical contractor the information\nrequired under section 54(1)(a), (b), (c), (d) or (f) within the\ntime required by section 54(2).\n(3) An offence against subsection (1) or (2) is an offence of strict\n","sortOrder":64},{"sectionNumber":"69","sectionType":"section","heading":"Consumer electrical equipment","content":"69 Consumer electrical equipment\n(1) The Electrical Safety Regulator may, by written declaration, specify\nas consumer electrical equipment any low voltage electrical\nequipment that is classified as level 2 equipment or level 3\nequipment under the Joint Australian/New Zealand Standard\nAS/NZS 4417.2 (Regulatory compliance mark for electrical and\nelectronic equipment), Annex B.4, as amended from time to time.\n(2) The declaration must be published on the Electrical Safety\n","sortOrder":65},{"sectionNumber":"70","sectionType":"section","heading":"Approved consumer electrical equipment","content":"70 Approved consumer electrical equipment\n(1) Consumer electrical equipment is approved for use in the Territory\nif it is approved, certified or registered under a law that:\n(a) is enacted in a State, another Territory or New Zealand; and\n(b) provides for the safety of consumer electrical equipment; and\n(c) is prescribed by regulation.\nThe Territory will not be directly approving consumer electrical equipment.\n\nElectrical Safety Act 2022 45\n(2) The approval of consumer electrical equipment is taken to be\ncancelled under this Act if its approval, certification or registration is\ncancelled or terminated by or under the law referred to in\n","sortOrder":66},{"sectionNumber":"71","sectionType":"section","heading":"Selling or supplying unapproved consumer electrical","content":"71 Selling or supplying unapproved consumer electrical\nequipment\n(1) A person must not sell or supply consumer electrical equipment\nunless it is approved for use in the Territory.\n(a) the person sells or supplies consumer electrical equipment;\nand\n(b) the consumer electrical equipment is not approved for use in\nthe Territory.\nsubsection (2) if the consumer electrical equipment is used\nequipment and labelled in accordance with section 76.\n(a) the person intentionally sells or supplies consumer electrical\nequipment; and\n(b) the person intentionally represents that consumer electrical\nequipment is approved; and\n(c) the consumer electrical equipment is not approved for use in\nthe Territory and the person has knowledge of that\ncircumstance.\n","sortOrder":67},{"sectionNumber":"72","sectionType":"section","heading":"Marked consumer electrical equipment","content":"72 Marked consumer electrical equipment\nConsumer electrical equipment is taken to be marked for use in the\nTerritory if it is marked to show the equipment complies with a\nstandard relevant to electrical safety in accordance with a law that:\n(a) is enacted in a State, another Territory or New Zealand; and\n(b) provides for the safety of consumer electrical equipment; and\n\nElectrical Safety Act 2022 46\n(c) is prescribed by regulation.\n","sortOrder":68},{"sectionNumber":"73","sectionType":"section","heading":"Selling or supplying unmarked consumer electrical equipment","content":"73 Selling or supplying unmarked consumer electrical equipment\n(1) A supplier must not sell or supply consumer electrical equipment\nunless it is marked for use in the Territory.\n(a) the person is a supplier of consumer electrical equipment; and\n(b) the person sells or supplies consumer electrical equipment;\nand\n(c) the consumer electrical equipment is not marked for use in the\nTerritory.\n","sortOrder":69},{"sectionNumber":"74","sectionType":"section","heading":"Selling falsely marked consumer electrical equipment","content":"74 Selling falsely marked consumer electrical equipment\n(1) A supplier must not sell consumer electrical equipment that is\nmarked for use in the Territory but does not comply with the\nstandard for which it is marked.\n(a) the person is a supplier of consumer electrical equipment; and\n(b) the person sells consumer electrical equipment; and\n(c) the consumer electrical equipment is marked to indicate that it\ncomplies with a standard relevant to electrical safety; and\n(d) the consumer electrical equipment does not comply with that\nstandard.\n\nElectrical Safety Act 2022 47\n","sortOrder":70},{"sectionNumber":"75","sectionType":"section","heading":"Falsely marking consumer electrical equipment","content":"75 Falsely marking consumer electrical equipment\n(1) A person must not mark consumer electrical equipment to indicate\nthat is marked for use in the Territory but does not comply with the\nstandard for which it is marked.\n(a) the person marks consumer electrical equipment; and\n(b) the mark indicates that the consumer electrical equipment\ncomplies with a standard relevant to electrical safety; and\n(c) the consumer electrical equipment does not comply with that\nstandard.\n","sortOrder":71},{"sectionNumber":"76","sectionType":"section","heading":"Used consumer electrical equipment","content":"76 Used consumer electrical equipment\n(1) A person must not sell used consumer electrical equipment unless\na label is attached to the equipment that:\n(a) if the equipment was not tested for electrical safety – warns\npotential buyers that the equipment was not tested for\nelectrical safety; or\n(b) if the equipment was tested by a qualified person to be safe\nfrom electrical risk – advises potential buyers that the\nequipment is safe from electrical risk.\nNote for subsection (1)(b)\nThe equipment must not be sold if it was tested by a qualified person and found\nto be not safe from electrical risk.\n\nElectrical Safety Act 2022 48\n(a) the person sells consumer electrical equipment; and\n(b) the consumer electrical equipment has been used before the\nsale; and\n(c) the consumer electrical equipment is not labelled in\naccordance with subsection (1).\n(a) the person sells consumer electrical equipment; and\n(b) the consumer electrical equipment is used; and\n(c) the consumer electrical equipment is not labelled advising\npotential buyers that the equipment was:\n(i) not tested by a qualified person; or\n(ii) tested by a qualified person and is safe from electrical\n(4) An offence against subsection (2) or (3) is an offence of strict\n(5) In this section:\nqualified person means a person who is qualified in accordance\nwith the regulations.\n","sortOrder":72},{"sectionNumber":"77","sectionType":"section","heading":"Requirement for safety management and mitigation plan","content":"77 Requirement for safety management and mitigation plan\n(1) An electricity entity must not generate electricity or operate an\nelectricity network unless:\n(a) it prepares a safety management and mitigation plan for the\nentity; and\n(b) the plan is approved by the Electrical Safety Regulator.\n\nElectrical Safety Act 2022 49\n(2) A safety management and mitigation plan is a written document\nthat sets out the following:\n(a) the hazards and risks associated with:\n(i) the design and construction of the electricity\ninfrastructure of the electricity entity before its operation;\nand\n(ii) the operation and maintenance of the electricity\ninfrastructure;\n(b) how the electricity entity will manage the hazards and risks to\nensure that its electrical safety obligations are properly\ndischarged;\n(c) what the electricity entity will do to ensure that contractors\nperforming electrical and other work for the entity comply with\nthe requirements of the safety management and mitigation\nplan;\n(d) any other matters prescribed by regulation.\n(3) The safety management and mitigation plan must be prepared by\nthe electricity entity in consultation with:\n(a) persons who are broadly representative of industrial\norganisations of employees whose members are employees\nof the entity; and\n(b) principal or primary contractors with the entity for the\nperformance of electrical work and other work for the entity.\n(4) The electricity entity must have the safety management and\nmitigation plan assessed on whether it meets the requirements of\nsubsection (2).\n(5) The assessment must be conducted in accordance with the\nregulations by a competent and independent third party who\nprepares a written report to the electricity entity on the assessment.\ncompetent means having the skills, qualifications and experience\nto assess whether the safety management and mitigation plan\nmeets the requirements of subsection (2).\n\nElectrical Safety Act 2022 50\n","sortOrder":73},{"sectionNumber":"78","sectionType":"section","heading":"Approval of safety management and mitigation plan","content":"78 Approval of safety management and mitigation plan\n(1) The safety management and mitigation plan and the report\nprepared under section 77(5) must be submitted to the Electrical\nSafety Regulator as soon as practicable after the electricity entity is\ngranted a licence by the Utilities Commission under the Electricity\nReform Act 2000.\n(2) The Electrical Safety Regulator may approve a safety management\nand mitigation plan submitted by an electricity entity if satisfied that:\n(a) the plan was prepared in accordance with this Act; and\n(b) the plan was assessed in accordance with section 77(4)\nand (5); and\n(c) the plan meets the requirements of section 77(2).\n(3) The Electrical Safety Regulator must give the electricity entity a\ndecision notice if it approves or refuses to approve its safety\nmanagement and mitigation plan.\n(4) Approval under subsection (2) is valid for 3 years from the date of\nthe decision notice.\n(5) If the Electrical Safety Regulator refuses to approve a safety\nmanagement and mitigation plan, the Electrical Safety Regulator\nmay give the electricity entity guidance on submitting a plan that\ncomplies.\n","sortOrder":74},{"sectionNumber":"79","sectionType":"section","heading":"Implementation of safety management and mitigation plan","content":"79 Implementation of safety management and mitigation plan\nThe electricity entity must implement and comply with the safety\nmanagement and mitigation plan as approved by the Electrical\nSafety Regulator.\n","sortOrder":75},{"sectionNumber":"80","sectionType":"section","heading":"Review and assessment of safety management and mitigation","content":"80 Review and assessment of safety management and mitigation\nplan\n(1) An electricity entity with a safety management and mitigation plan\napproved by the Electrical Safety Regulator must, in accordance\nwith the regulations:\n(a) review the plan every year; and\n(b) have the plan assessed in accordance with section 77(4)\nand (5) at least every 3 years.\n\nElectrical Safety Act 2022 51\n(2) The electricity entity must make any changes or improvements to\nits safety management and mitigation plan that the review or\nassessment determines are necessary to meet the requirements of\nsection 77(2).\n","sortOrder":76},{"sectionNumber":"81","sectionType":"section","heading":"Subsequent approval","content":"81 Subsequent approval\n(1) Before the end of every 3 years from the previous date of approval\nof its safety management and mitigation plan by the Electrical\nSafety Regulator, the electricity entity must resubmit its plan to the\nElectrical Safety Regulator for approval.\n(2) The Electrical Safety Regulator may approve a safety management\nand mitigation plan submitted by an electricity entity if satisfied that:\n(a) the plan was assessed in accordance with section 77(4)\nand (5); and\n(b) the plan meets the requirements of section 77(2).\n(3) The Electrical Safety Regulator must give the electricity entity a\ndecision notice if it approves or refuses to approve its safety\nmanagement and mitigation plan.\n(4) Approval under subsection (2) is valid for 3 years.\n(5) The Electrical Safety Regulator may grant the electricity entity an\nextension to the 3-year period required under subsection (1) if\nsatisfied that the extension is justified.\n","sortOrder":77},{"sectionNumber":"82","sectionType":"section","heading":"Offences related to safety management and mitigation plan","content":"82 Offences related to safety management and mitigation plan\n(a) is an electricity entity; and\n(b) has no safety management and mitigation plan currently\n(c) intentionally generates electricity or operates an electricity\nnetwork.\n(a) the person is an electricity entity; and\n(b) the person's safety management and mitigation plan was\n\nElectrical Safety Act 2022 52\n(d) that conduct results in failure to implement or comply with the\nsafety management and mitigation plan; and\n(e) the person is reckless in relation to that result.\n(a) the person is an electricity entity; and\n(b) the person's safety management and mitigation plan was\n(d) that conduct results in failure to review or have the safety\nmanagement and mitigation plan assessed in accordance with\nsection 80(1), including any extension granted under\nsection 81(5); and\n(e) the person is reckless in relation to that result.\n(4) Strict liability applies to subsections (1)(a) and (b), (2)(a) and (b)\nand (3)(a) and (b).\n","sortOrder":78},{"sectionNumber":"83","sectionType":"section","heading":"Retailer information","content":"83 Retailer information\n(1) A retailer must give the Electrical Safety Regulator the information\nprescribed by regulation that the retailer holds about:\n(a) a place in the Territory to which the retailer provides customer\nretail services; and\n(b) the persons who are customers of the retailer and who own or\noccupy that place.\n(2) The information must be provided in the manner and at the times\nthe Electrical Safety Regulator reasonably requires.\n(3) The Electrical Safety Regulator and an inspector may only use\ninformation given under subsection (1) for administering and\nenforcing this Act.\n\nElectrical Safety Act 2022 53\n","sortOrder":79},{"sectionNumber":"84","sectionType":"section","heading":"Unauthorised connections","content":"84 Unauthorised connections\n(1) A person must not connect an electrical installation to a distribution\nentity's distribution system unless:\n(a) authorised to do so by the distribution entity; and\n(b) a certificate of compliance is signed for the connection in\naccordance with Part 2, Division 5.\n(a) the person intentionally connects an electrical installation to a\ndistribution entity's distribution system; and\n(b) the person does not have authority from the distribution entity\nto make the connection.\n(a) the person intentionally connects an electrical installation to a\ndistribution entity's distribution system; and\n(b) a certificate of compliance was not signed for the connection\nin accordance with Part 2, Division 5.\n(4) Strict liability applies to subsections (2)(b) and (3)(b).\n","sortOrder":80},{"sectionNumber":"85","sectionType":"section","heading":"Interference with electricity infrastructure","content":"85 Interference with electricity infrastructure\n(a) the person intentionally interferes with electricity infrastructure,\nincluding:\n(i) attaching electrical equipment or another thing to an\nelectricity network; or\n(ii) disconnecting or interfering with a supply of electricity\nfrom an electricity network; and\n\nElectrical Safety Act 2022 54\n(b) the person does not have authority from the electricity entity,\nthe owner of the infrastructure, the distributor or the Electrical\nSafety Regulator to engage in that conduct and is reckless in\nrelation to that circumstance.\n(a) the person intentionally engages in any of the following\nconduct:\n(i) being in an enclosure where electricity infrastructure of\nan electricity entity is situated;\n(ii) climbing on poles or other structures that are part of the\nelectricity infrastructure of an electricity entity; and\n(b) the person does not have authority from the electricity entity,\nthe distributor or the Electrical Safety Regulator to engage in\nthat conduct and is reckless in relation to that circumstance.\n(3) A person commits an offence if the person intentionally discharges,\nthrows or projects an object towards the electricity infrastructure of\nan electricity entity or an electrical installation.\n","sortOrder":81},{"sectionNumber":"86","sectionType":"section","heading":"Abstracting or diverting electricity","content":"86 Abstracting or diverting electricity\n(a) the person intentionally engages in any of the following\nconduct:\n(i) abstracts or diverts electricity from an electricity network\nor other person;\n(ii) interferes with a meter supplied by an electricity entity;\nand\n\nElectrical Safety Act 2022 55\n(b) the person does not have approval of the electricity entity\nresponsible for the electricity network or the other person to\nengage in that conduct.\n(2) Strict liability applies to subsection (1)(b).\n(a) the person is not an electricity entity; and\n(b) the person possesses an electric line that is ready and able to\nconvey an electricity supply beyond the boundaries of property\noccupied by the person; and\n(c) the line is not authorised by regulation; and\n(d) the person does not have the approval of the electricity entity\nresponsible for the electricity network to engage in that\nconduct.\n(a) the person is not an electricity entity; and\n(b) the person installs a line capable of conveying an electricity\nsupply beyond the boundaries of property occupied by the\n(c) the line is not authorised by regulation; and\n(d) the person does not have the approval of the electricity entity\nresponsible for the electricity network to engage in that\nconduct.\n(5) An offence against subsection (3) or (4) is an offence of strict\n(6) An electricity entity may recover compensation for the loss or\ndamage it suffers from a person found guilty of an offence against\nsubsection (1) or (4).\n\nElectrical Safety Act 2022 56\n(7) The electricity entity may recover the compensation either:\n(a) on application to a Court that finds a person guilty of an\noffence against subsection (1) or (4); or\n(b) by action in NTCAT or a Court of competent jurisdiction.\n","sortOrder":82},{"sectionNumber":"87","sectionType":"section","heading":"Unauthorised increase in capacity of connections","content":"87 Unauthorised increase in capacity of connections\n(1) A person must not increase the capacity of an existing connection\nto a distribution entity's distribution system unless authorised to do\nso by the distribution entity.\n(a) the person intentionally increases the capacity of a connection\nbetween an electrical installation and a distribution entity's\ndistribution system; and\n(b) the person did not have authority from the distribution entity to\nmake the increase.\n(3) Strict liability applies to subsection (2)(b).\n","sortOrder":83},{"sectionNumber":"88","sectionType":"section","heading":"Unauthorised alterations and additions to electrical","content":"88 Unauthorised alterations and additions to electrical\ninstallations\n(1) A person must not alter or add to an electrical installation that is\nconnected to a distribution entity's distribution system so as to\ncause the supply of electricity to the installation or any part of it to\nbe incorrectly metered unless authorised to do so by the distribution\n(a) the person intentionally alters or adds to an electrical\ninstallation; and\n(b) the electrical installation is connected to a distribution entity's\ndistribution system; and\n(c) the alteration or addition causes the supply of electricity to the\ninstallation or any part of it to be incorrectly metered; and\n\nElectrical Safety Act 2022 57\n(d) the person did not have authority from the distribution entity to\nmake the alteration or addition.\n(3) Strict liability applies to subsection (2)(b), (c) and (d).\n","sortOrder":84},{"sectionNumber":"89","sectionType":"section","heading":"Clearance of vegetation","content":"89 Clearance of vegetation\n(1) Subject to the Electricity Reform Act 2000 and the Planning\nAct 1999, the Electrical Safety Regulator may establish guidelines\non the clearance from powerlines of vegetation on land to prevent\nthe vegetation from creating an electrical risk.\nPermits are needed to clear native vegetation under those Acts.\n(2) The guidelines must be published on the Electrical Safety\n(3) A distribution entity may establish requirements for the clearance of\nvegetation on land from its powerlines to prevent the vegetation\nfrom creating an electrical risk.\n(4) A distribution entity must notify its customers of its requirements for\nthe clearance of vegetation.\n(5) The owner or occupier of land must do all that is reasonably\npracticable to keep vegetation on the land clear of any powerline in\naccordance with all of the following:\n(a) any requirements prescribed by regulation;\n(b) any guidelines established by the Electrical Safety Regulator;\n(c) any requirements established by the distribution entity for the\nowner or occupier.\n(6) A person commits an offence if:\n(a) the person is the owner or occupier of land; and\n(b) the person fails to comply with subsection (5).\n(7) An offence against subsection (6) is an offence of strict liability.\n\nElectrical Safety Act 2022 58\n","sortOrder":85},{"sectionNumber":"90","sectionType":"section","heading":"Remedial action to clear vegetation","content":"90 Remedial action to clear vegetation\n(1) An electricity officer on behalf of an electricity entity may enter land\nto which the entity supplies electricity, without the consent of the\nowner or occupier, and do all that is reasonably practicable to keep\nvegetation on the land clear of any powerline if:\n(a) the owner or occupier fails to comply with section 89(5); or\n(b) the vegetation creates an electrical risk.\n(2) An electricity entity may recover any costs it incurs in clearing the\nvegetation under subsection (1) as a debt due from the owner or\noccupier of the land, other than land owned or occupied by the\nTerritory.\n(3) An electricity entity is not liable for any loss or damage suffered by\nanother person that is caused by the electricity entity not taking\naction under subsection (1).\n","sortOrder":86},{"sectionNumber":"91","sectionType":"section","heading":"Erecting building or structure in proximity to powerline","content":"91 Erecting building or structure in proximity to powerline\n(1) A person must not erect a building or structure in proximity to a\npowerline contrary to a safety requirement prescribed by regulation.\n(2) The Electrical Safety Regulator may exempt a person from a safety\nrequirement referred to in subsection (1) if:\n(a) the powerline is situated on a public road; and\n(b) the powerline is constructed to operate at a voltage of not\nmore than 66kV; and\n(c) the exemption creates no electrical risk.\n(3) An exemption under section (1) may:\n(a) be general or specific; and\n(b) be subject to conditions.\n(a) the person intentionally erects a building or structure; and\n(b) the proximity of the building or structure to a powerline is\nwithin a distance prescribed by regulation; and\n(c) the building or structure contravenes a safety requirement\nprescribed by regulation; and\n\nElectrical Safety Act 2022 59\n(d) no exemption is given under subsection (2).\n(5) Strict liability applies to subsection (4)(b), (c) and (d).\n","sortOrder":87},{"sectionNumber":"92","sectionType":"section","heading":"Remedial order","content":"92 Remedial order\n(1) An electricity entity may seek an order from a Court under this\nsection if a person erects a building or structure in proximity to a\npowerline in contravention of section 91.\n(2) The order may be obtained:\n(a) on application to a Court that finds the person guilty of an\noffence against section 91(4); or\n(b) by action in a Court of competent jurisdiction.\n(3) The Court may make one or more of the following orders:\n(a) an order requiring the person to take specified action to\nremove or modify the building or structure within a specified\nperiod;\n(b) an order for compensation from the person for loss or damage\ncaused by the contravention;\n(c) an order for costs reasonably incurred by the electricity entity\nin relocating the powerline or carrying out other work to rectify\nthe contravention.\n","sortOrder":88},{"sectionNumber":"93","sectionType":"section","heading":"Proposed work in proximity to electricity infrastructure","content":"93 Proposed work in proximity to electricity infrastructure\n(1) An electricity entity may make reasonable requirements for:\n(a) the protection of its electricity infrastructure; and\n(b) the safety of persons carrying out work in proximity to its\nelectricity infrastructure.\n(2) A person who proposes to do work in proximity to the electricity\ninfrastructure of an electricity entity must give the electricity entity\nwritten notice of the proposed work if:\n(a) there is a risk of equipment or a structure coming into\ndangerous proximity to electrical conductors; or\n(b) the work may affect the support for any part of the electricity\ninfrastructure; or\n\nElectrical Safety Act 2022 60\n(c) the work may interfere in some other manner with the\nelectricity infrastructure.\n(3) The notice must be given at least 24 hours before the proposed\nwork begins and specify:\n(a) the nature of the work to be conducted; and\n(b) the place where the work is to be conducted; and\n(c) any other information the electricity entity requires to protect\nits electricity infrastructure and the safety of the persons\ncarrying out the work.\n(4) On receipt of a notice under subsection (2), the electricity entity\nmust inform the person of the requirements it made under\nsubsection (1) in relation to the proposed work.\n(5) A person who does work in proximity to electricity infrastructure of\nan electricity entity must comply with:\n(a) any reasonable requirement the person was informed of by\nthe electricity entity in relation to the proposed work; and\n(b) any requirement prescribed by regulation applicable to the\n","sortOrder":89},{"sectionNumber":"94","sectionType":"section","heading":"Offences related to work in proximity to electricity","content":"94 Offences related to work in proximity to electricity\ninfrastructure\n(1) A person commits an offence if the person fails to give a notice in\naccordance with section 93(2) and (3).\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if:\n(a) an emergency exists and it is not practicable to give the notice\nbefore beginning the work; and\n(b) the notice is given as soon as reasonably practicable after\nbeginning the work.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to this defence (see\n\nElectrical Safety Act 2022 61\n(a) the person does work in proximity to electricity infrastructure of\nan electricity entity; and\n(b) the work does not comply with:\n(i) the requirements prescribed by regulation applicable to\nthe work; or\n(ii) any reasonable requirement the person was informed of\nin advance by the electricity entity in relation to the\nMaximum penalty: 25 penalty units.\n","sortOrder":90},{"sectionNumber":"95","sectionType":"section","heading":"Appointment","content":"95 Appointment\n(1) The Minister must, in writing, appoint an Electrical Safety Regulator.\n(2) The Electrical Safety Regulator holds office for a term not longer\nthan 5 years specified in the appointment, and is eligible for\nreappointment.\n","sortOrder":91},{"sectionNumber":"96","sectionType":"section","heading":"Functions and powers","content":"96 Functions and powers\n(1) The Electrical Safety Regulator has the following functions:\n(a) to support the activities of the Board and its committees;\n(b) to act as the chairperson of the Board;\n(c) to advise the Minister on electrical safety matters generally;\n(d) to report on the operation and effectiveness of this Act;\n(e) to monitor and enforce compliance with this Act;\n(f) to provide advice and information on electrical safety to the\nholders of licences and to the community;\n(g) to administer licences;\n\nElectrical Safety Act 2022 62\n(h) to give approvals and authorisations for the purposes of this\nAct;\n(i) any other function conferred on the Electrical Safety Regulator\nunder this Act or any other Act.\n(2) The Electrical Safety Regulator must act independently when\nmaking a decision under this Act but is otherwise subject to\ndirection in the person's capacity as a public sector employee.\n","sortOrder":92},{"sectionNumber":"97","sectionType":"section","heading":"Powers of Electrical Safety Regulator","content":"97 Powers of Electrical Safety Regulator\n(1) The Electrical Safety Regulator has the powers necessary to\nperform the Electrical Safety Regulator's functions.\n(2) The Electrical Safety Regulator has all the powers of an inspector.\n","sortOrder":93},{"sectionNumber":"98","sectionType":"section","heading":"Delegation by Electrical Safety Regulator","content":"98 Delegation by Electrical Safety Regulator\nThe Electrical Safety Regulator may delegate any function or power\nof the Electrical Safety Regulator to the following:\n(a) an inspector;\n(b) a public sector employee;\n(c) a person prescribed by regulation who has the skills,\nqualifications, training, experience and level of authority\nappropriate to perform the function or exercise the power.\n","sortOrder":94},{"sectionNumber":"99","sectionType":"section","heading":"Power to require information","content":"99 Power to require information\n(1) The Electrical Safety Regulator may, by written notice, require a\nperson to give the Electrical Safety Regulator a document,\ninformation or thing if the Electrical Safety Regulator believes on\n(a) the person has or is capable of giving the document,\ninformation or thing; and\n(b) the document, information or thing:\n(i) is relevant to a possible contravention of this Act; or\n(ii) will help the Electrical safety Regulator monitor or\nenforce compliance with this Act.\n\nElectrical Safety Act 2022 63\n(2) The notice may also require the person to do one or more of the\nfollowing within a reasonable period specified in the notice:\n(a) to verify the document, information or thing by statutory\ndeclaration;\n(b) to appear before a person appointed by the Electrical Safety\nRegulator and answer questions about the document,\ninformation or thing.\n(3) The notice must:\n(a) specify the document, information or thing to be given; and\n(b) specify the time, place and manner of giving the document,\ninformation or thing; and\n(c) warn the person that a failure to comply with the requirement\nis an offence; and\n(d) inform the person about the effects of sections 163 and 244;\nand\n(e) inform the person that, if required to attend before another\nperson to give information, the person may attend with a legal\npractitioner.\n(4) A person to whom the notice is given must comply with the\nrequirements of the notice.\n","sortOrder":95},{"sectionNumber":"100","sectionType":"section","heading":"Offence of failing to give information","content":"100 Offence of failing to give information\n(a) is given a notice under section 99; and\n(b) has or is capable of giving the document, information or thing\nrequired by the notice; and\n(c) fails to comply with a requirement of the notice.\n","sortOrder":96},{"sectionNumber":"101","sectionType":"section","heading":"Annual report","content":"101 Annual report\n(1) The Electrical Safety Regulator must prepare and give the Minister\nan annual report on the Electrical Safety Regulator's operations\nduring the financial year.\n\nElectrical Safety Act 2022 64\n(2) The report must be given within 4 months after the end of each\nfinancial year.\n(3) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n","sortOrder":97},{"sectionNumber":"102","sectionType":"section","heading":"Establishment","content":"102 Establishment\nThe Electrical Safety Board is established.\n","sortOrder":98},{"sectionNumber":"103","sectionType":"section","heading":"Functions of Board","content":"103 Functions of Board\nThe Board has the following functions:\n(a) developing and maintaining a strategic plan for improving\nelectrical safety;\n(b) advising the Minister about electrical safety issues in the\nTerritory, elsewhere in Australia and abroad;\n(c) responding to issues the Minister refers to it;\n(d) reviewing the efficacy of the provisions of this Act, the\nregulations, ministerial notices and codes of practice;\n(e) promoting electrical safety in workplaces and in the\ncommunity;\n(f) giving advice and make recommendations to the Utilities\nCommission, on request, about the energy efficiency and\nperformance of electrical equipment;\n(g) taking disciplinary action under Part 6 through its Discipline\nCommittee.\n","sortOrder":99},{"sectionNumber":"104","sectionType":"section","heading":"Composition of Board","content":"104 Composition of Board\n(1) The Board consists of the following 8 members:\n(a) the Electrical Safety Regulator, who is the chairperson of the\nBoard;\n(b) the following 6 members appointed by the Minister:\n(i) a person to represent employers of electrical workers;\n(ii) a person to represent electrical workers;\n(iii) a person to represent the community;\n\nElectrical Safety Act 2022 65\n(iv) a person to represent electrical entities;\n(v) a person to represent the Territory;\n(vi) a person to represent electrical training bodies;\n(c) the chairperson of the Discipline Committee appointed under\nsection 109(2).\n(2) When appointing the members referred to in subsection (1)(b), the\nMinister must consider each person's practical experience and\ncompetence in relation to electrical safety.\n","sortOrder":100},{"sectionNumber":"105","sectionType":"section","heading":"Conditions of appointment to Board","content":"105 Conditions of appointment to Board\n(1) A member of the Board, other than the Electrical Safety Regulator,\nholds office on a part-time basis, for a term not longer than 3 years\nspecified in the appointment, and is eligible for reappointment.\n(2) A member of the Board, other than the Electrical Safety Regulator,\nis entitled to be paid the remuneration and allowances fixed by the\nMinister, and otherwise holds office under the conditions of\nappointment fixed by the Minister.\n","sortOrder":101},{"sectionNumber":"106","sectionType":"section","heading":"Acting members","content":"106 Acting members\nIn appointing a person as an acting member, the Minister must\nhave regard to requirements of this Division for the composition of\nthe Board and the person's competence and experience.\n","sortOrder":102},{"sectionNumber":"107","sectionType":"section","heading":"Times of Board meetings","content":"107 Times of Board meetings\n(1) Meetings of the Board are held at the call of the chairperson or the\nMinister.\n(2) The Board must meet at least 4 times a year.\n(3) The chairperson of the Board:\n(a) may call a meeting of the Board at any time; and\n(b) must call a meeting if requested by at least 3 other members.\n(4) The Minister may call a meeting of the Board at any time.\n","sortOrder":103},{"sectionNumber":"108","sectionType":"section","heading":"Conduct of proceedings","content":"108 Conduct of proceedings\n(1) The chairperson of the Board presides at all Board meetings.\n(2) If the chairperson is absent, a member chosen by the other\nmembers present is to preside.\n\nElectrical Safety Act 2022 66\n(3) At a meeting of the Board:\n(a) a quorum is at least 4 members; and\n(b) a question is decided by a majority of the votes of the\nmembers present and voting; and\n(c) each member present has a vote on each question to be\ndecided and, if the votes are equal, the member presiding has\nan additional vote in the form of a casting vote.\n(4) Subject to this Act, the Board may conduct its meetings and\nproceedings as it considers appropriate.\n(5) A resolution may be made by the Board without a meeting if:\n(a) at least half the members give written agreement to the\nresolution; and\n(b) notice of the resolution is given under procedures approved by\nthe Board.\n","sortOrder":104},{"sectionNumber":"109","sectionType":"section","heading":"Discipline Committee","content":"109 Discipline Committee\n(1) The Discipline Committee of the Board is established as a\ncommittee of the Board.\n(2) The Minister must appoint a legal practitioner who has practised for\nat least 5 years in the Territory to be the chairperson of the\nDiscipline Committee.\n(3) The Discipline Committee consists of:\n(a) the chairperson of the Discipline Committee; and\n(b) the member of the Board appointed by the Minister to\nrepresent employers of electrical workers; and\n(c) the member of the Board appointed by the Minister to\nrepresent electrical workers; and\n(d) one other member of the Board, selected by the Board from\ntime to time.\n(4) A quorum of the Discipline Committee is 3 members of the\nCommittee.\n\nElectrical Safety Act 2022 67\n","sortOrder":105},{"sectionNumber":"110","sectionType":"section","heading":"Functions and powers of Discipline Committee","content":"110 Functions and powers of Discipline Committee\nThe Discipline Committee has the following functions:\n(a) to take disciplinary action against the holders of licences and\nagainst persons who previously held an electrical contractor\n(b) any other function given to the Discipline Committee under\nthis Act.\n","sortOrder":106},{"sectionNumber":"111","sectionType":"section","heading":"Other committees","content":"111 Other committees\n(1) The Board may establish other committees as it considers\nappropriate.\n(2) A quorum of any committee of the Board, other than the Discipline\nCommittee, is at least half the members of the committee.\n","sortOrder":107},{"sectionNumber":"112","sectionType":"section","heading":"Times of committee meetings","content":"112 Times of committee meetings\nMeetings of a committee of the Board are held at the call of the\ncommittee's chairperson.\n","sortOrder":108},{"sectionNumber":"113","sectionType":"section","heading":"Conduct of proceedings","content":"113 Conduct of proceedings\n(1) The chairperson of a committee of the Board presides at committee\nmeetings.\n(2) At a meeting of a committee of the Board:\n(a) a question is decided by a majority of the votes of the\nmembers present and voting; and\n(b) each member present has a vote on each question to be\ndecided and, if the votes are equal, the presiding member has\nan additional vote in the form of a casting vote.\n(3) Subject to this Act, a committee of the Board may conduct its\nproceedings, including its meetings, as it considers appropriate.\n(4) A resolution may be made by a committee of the Board without a\nmeeting if:\n(a) at least half the members give written agreement to the\nresolution; and\n(b) notice of the resolution is given under procedures approved by\nthe Board committee.\n\nElectrical Safety Act 2022 68\n","sortOrder":109},{"sectionNumber":"114","sectionType":"section","heading":"Reports","content":"114 Reports\nA committee of the Board must give the Board a report on its\nperformance as soon as practicable after each meeting of the\ncommittee.\n","sortOrder":110},{"sectionNumber":"115","sectionType":"section","heading":"Conflict of interests","content":"115 Conflict of interests\n(1) A member of the Board must disclose any personal interest in any\nmatter being considered, or about to be considered, by the Board or\na committee of the Board.\n(2) The disclosure must:\n(a) be made before the matter is considered by the Board or\ncommittee; and\n(b) explain the nature and extent of the personal interest and how\nit relates to the matter; and\n(c) be recorded in the minutes of the Board or committee when\nthe disclosure is made.\n(3) A member with a personal interest in a matter must not:\n(a) be present when the Board or committee considers the matter;\nor\n(b) take part in a decision of the Board or committee on the\nmatter.\n(4) For this section, a member has a personal interest in a matter if the\nmember:\n(a) has a direct or indirect financial interest in the matter; or\n(b) has a personal, professional, commercial or other relationship\nwith a person and the nature of the relationship is likely to, or\nmay reasonably be regarded as likely to, inhibit or prevent the\nmember from exercising independent judgment about the\nmatter; or\n(c) there is a reasonable possibility that the member's\nparticipation in the consideration of a matter will give an entity\nassociated with the member a commercial advantage.\n\nElectrical Safety Act 2022 69\n","sortOrder":111},{"sectionNumber":"116","sectionType":"section","heading":"Vacancy in office","content":"116 Vacancy in office\n(1) The office of a member of the Board becomes vacant if:\n(a) the member resigns by written notice given to the Minister; or\n(b) the person is found guilty of an indictable offence, whether in\nthe Territory or elsewhere; or\n(c) the person:\n(i) becomes bankrupt; or\n(ii) applies to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounds with creditors or makes an assignment of\nthe person's remuneration for their benefit; or\n(d) the Minister terminates the member's appointment.\n(2) The Minister may end the appointment of a member of the Board,\nother than the Electrical Safety Regulator, if the member:\n(a) is absent, without the Minister’s leave and without reasonable\nexcuse, from 3 consecutive ordinary meetings of the Board; or\n(b) contravenes section 115; or\n(c) is guilty of misbehaviour; or\n(d) is physically or mentally incapable of satisfactorily performing\nthe functions of the office.\n","sortOrder":112},{"sectionNumber":"117","sectionType":"section","heading":"Minutes","content":"117 Minutes\nThe Board and its committees must keep minutes of their\nproceedings.\n","sortOrder":113},{"sectionNumber":"118","sectionType":"section","heading":"Annual report","content":"118 Annual report\n(1) The Board must prepare and give the Minister an annual report on\nthe Board's operations during the financial year.\n(2) The report must be given within 4 months after the end of each\nfinancial year.\n(3) The report must include a summary of the work of each committee\nof the Board.\n\nElectrical Safety Act 2022 70\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after receiving it.\n","sortOrder":114},{"sectionNumber":"119","sectionType":"section","heading":"Approved forms","content":"119 Approved forms\nThe Electrical Safety Regulator may approve forms for this Act.\n","sortOrder":115},{"sectionNumber":"120","sectionType":"section","heading":"Charges for services","content":"120 Charges for services\n(1) The Minister may, by Gazette notice, fix a fee for a service provided\nby the Electrical Safety Regulator in administering this Act and for\nwhich no fee is prescribed by regulation.\n(2) The fee for the service must not be more than an amount that fairly\nrepresents the cost of providing the service.\n","sortOrder":116},{"sectionNumber":"121","sectionType":"section","heading":"Grounds for discipline – electrical work licence","content":"121 Grounds for discipline – electrical work licence\n(1) Each of the following is a ground for taking disciplinary action\nagainst the holder of an electrical work licence:\n(a) the holder performs or supervises electrical work in a manner\nthat is not safe from electrical risk;\n(b) the holder performs or supervises electrical work and that\nwork is not safe from electrical risk;\n(c) the holder performs or supervises electrical work that results\nin an individual or property not being safe from electrical risk;\n(d) the holder gives incorrect or misleading information in an\n(e) the holder is no longer eligible, qualified or competent to hold\n(f) the holder commits an offence against this Act;\n(g) the holder contravenes a condition or restriction in the licence.\n(2) To avoid doubt, disciplinary action may be taken under\nsubsection (1) against the holder of a licence, permit, certificate or\nother authority taken to be equivalent to an electrical work licence\nunder section 64.\n\nElectrical Safety Act 2022 71\n","sortOrder":117},{"sectionNumber":"122","sectionType":"section","heading":"Grounds for discipline – electrical contractor licence or","content":"122 Grounds for discipline – electrical contractor licence or\nin-house electrical licence\n(1) Each of the following is a ground for taking disciplinary action\nagainst the holder of an electrical contractor licence or an in-house\nelectrical licence:\n(a) the holder performs or supervises electrical work in a manner\nthat is not safe from electrical risk;\n(b) the holder performs or supervises electrical work and that\nwork is not safe from electrical risk;\n(c) the holder performs or supervises electrical work that results\nin an individual or property not being safe from electrical risk;\n(d) the holder failed to give a notice required under this Act about\nelectrical work performed by the holder;\n(e) the holder unreasonably delayed rectifying a fault in electrical\nwork performed by the holder;\n(f) the holder, or a worker of the holder, intentionally deceives, or\nattempts to deceive, an electricity entity or inspector by:\n(i) concealing inferior work or materials used in electrical\nwork; or\n(ii) making a statement about electrical work that is false or\nmisleading in a material particular;\n(g) the holder, or a worker of the holder, unlawfully breaks or\ntampers with a meter, control apparatus or fuse belonging to\nan electricity supplier or a seal attached to a meter or control\napparatus;\n(h) the holder, or a worker of the holder, connects an electrical\ninstallation, or part of an electrical installation, to a source of\nsupply chargeable at a rate lower than the rate for which\nelectricity supply to the electrical installation or part is\nchargeable, without the authority of the electricity supplier;\n(i) the holder is a party to conduct, equivalent to one referred to\nin paragraph (a) to (h), engaged in by another person or\nknows of the conduct and does nothing about it;\n(j) the holder gave incorrect or misleading information in an\n\nElectrical Safety Act 2022 72\n(k) the holder is no longer eligible, qualified or competent to hold\n(l) the holder commits an offence against this Act;\n(m) the holder contravenes a condition or restriction included in\n(n) the holder advises, causes or allows a person to perform\nelectrical work, knowing the person is not authorised under\nthis Act to perform the work.\n(2) Each of the following is a ground for taking disciplinary action\nagainst a person who formerly held an electrical contractor licence:\n(a) the person performed electrical work in a manner that was not\nsafe from electrical risk;\n(b) the person supervised electrical work that was performed\nnegligently or incompetently.\n","sortOrder":118},{"sectionNumber":"123","sectionType":"section","heading":"Grounds for discipline – apprentices and trainees","content":"123 Grounds for discipline – apprentices and trainees\nEach of the following is a ground for taking disciplinary action\nagainst a person who is an apprentice or a trainee:\n(a) the person gave incorrect or misleading information in an\n(b) the person is no longer eligible, qualified or competent to be\nan apprentice or trainee;\n(c) the person commits an offence against this Act;\n(d) the person contravenes a condition or restriction on the\napprenticeship or training.\n","sortOrder":119},{"sectionNumber":"124","sectionType":"section","heading":"Failure to pay penalty","content":"124 Failure to pay penalty\nTo avoid doubt, failure to pay a penalty imposed as disciplinary\naction within the required time is a ground for disciplinary action.\n","sortOrder":120},{"sectionNumber":"125","sectionType":"section","heading":"No limitation period","content":"125 No limitation period\nDisciplinary action may be taken any time after the events that\nconstitute the ground for taking disciplinary action.\n\nElectrical Safety Act 2022 73\n","sortOrder":121},{"sectionNumber":"126","sectionType":"section","heading":"Types of disciplinary action","content":"126 Types of disciplinary action\n(1) The Discipline Committee may take one or more of the following\ndisciplinary actions against the holder of licence:\n(a) cancel or amend the licence;\n(b) suspend the licence;\n(c) disqualify the holder from being eligible for a licence;\n(d) disqualify the holder from holding a licence;\n(e) reprimand or caution the holder;\n(f) require the holder to correct a fault or defect in electrical work;\n(g) require the holder to undergo further training;\n(h) impose on the holder a penalty equivalent to not more than\n100 penalty units.\n(2) The Discipline Committee may make disciplinary action subject to\nconditions.\nSuspension continues until the person completes competency training.\n(3) The Discipline Committee may take the disciplinary action referred\nto in subsection (1) against the holder of a licence, permit,\ncertificate or other authority recognised under section 64.\n","sortOrder":122},{"sectionNumber":"127","sectionType":"section","heading":"Competency assessment","content":"127 Competency assessment\n(1) The Board may, by written notice, require the holder of a licence to\nundergo an assessment of the holder's competency to perform\nelectrical work if the Board believes on reasonable grounds the\nholder may not be eligible, qualified or competent to hold the\n(2) Before giving the notice under subsection (1), the Board must give\nthe holder of the licence a written notice:\n(a) advising the holder of the proposed assessment; and\n(b) stating the grounds for the proposed assessment; and\n(c) specifying the competencies that are proposed to be\nassessed; and\n\nElectrical Safety Act 2022 74\n(d) inviting the holder to show cause, within a specified period of\nat least 10 business days, why the proposed assessment\nshould not be required.\n(3) If the holder of the licence wishes to show cause why the\nassessment should not be required, the holder must make written\nsubmissions to the Board within the period specified in the notice.\n(4) After considering any written submissions made by the holder of the\nlicence, the Board may give the notice or refuse to give the notice.\n(5) The notice must:\n(a) specify the period, of at least 20 business days, within which\nthe holder of the licence must undergo the assessment; and\n(b) specify the competencies that must be assessed; and\n(c) specify the matters that must considered in the assessment;\nand\n(d) include a decision notice for the decision.\n(6) The assessment must be carried out by the Electrical Safety\nRegulator or a training organisation registered under the Training\nand Skills Development Act 2016.\n(7) As soon as practicable after completing the assessment, the\nElectrical Safety Regulator or training organisation must:\n(a) prepare a report about the assessment; and\n(b) give a copy of the report to the Board and the holder of the\nlicence who was assessed.\n(8) A notice under this section may be included in a notice issued\nunder Division 3.\n","sortOrder":123},{"sectionNumber":"128","sectionType":"section","heading":"Recovery of penalties","content":"128 Recovery of penalties\nA penalty imposed as disciplinary action may be recovered as a\ndebt due to the Territory.\n","sortOrder":124},{"sectionNumber":"129","sectionType":"section","heading":"Complaints","content":"129 Complaints\n(1) A person may make a complaint against a person who holds a\nlicence, or is an apprentice or trainee, alleging that there are\ngrounds for taking disciplinary action against the person.\n\nElectrical Safety Act 2022 75\n(2) The complaint must:\n(a) be made in the approved form; and\n(b) state the name and contact details of the person making the\ncomplaint; and\n(c) specify the ground for the complaint; and\n(d) be signed by the complainant; and\n(e) lodged with the Electrical Safety Regulator.\n","sortOrder":125},{"sectionNumber":"130","sectionType":"section","heading":"Investigation","content":"130 Investigation\n(1) The Electrical Safety Regulator may investigate:\n(a) a complaint lodged under section 129; or\n(b) any other possible contravention that the Electrical Safety\nRegulator considers appropriate.\n(2) The Electrical Safety Regulator may refuse to investigate a\ncomplaint if satisfied that:\n(a) the complaint is trivial, frivolous or vexatious; or\n(b) no grounds exist for the complaint.\n(3) If the Electrical Safety Regulator investigates a complaint, the\nElectrical Safety Regulator must serve the person who is the\nsubject of the complaint written notice of:\n(a) the substance of the complaint; and\n(b) the Electrical Safety Regulator's intention to investigate the\ncomplaint; and\n(c) the person's right to respond to the complaint under\nsubsection (4).\n(4) The person may lodge a written response to the complaint with the\nElectrical Safety Regulator.\n(5) The Electrical Safety Regulator must consider any response\nreceived from the person within 10 business days after the person\nwas served with the notice referred to in subsection (3).\n\nElectrical Safety Act 2022 76\n","sortOrder":126},{"sectionNumber":"131","sectionType":"section","heading":"Action after investigation","content":"131 Action after investigation\n(1) As soon as practicable after completing an investigation, the\nElectrical Safety Regulator must do one or more of the following:\n(a) take no further action if satisfied that:\n(i) there are no grounds or evidence to justify taking further\naction; or\n(ii) the matter does not warrant taking further action;\n(b) give a formal warning in relation to the complaint;\n(c) mediate the complaint;\n(d) issue any notice or direction available under Part 8 in relation\nto the complaint;\n(e) enter into an enforceable undertaking in relation to the\ncomplaint;\n(f) refer the matter to the Discipline Committee for disciplinary\naction.\n(2) The Electrical Safety Regulator must give a decision notice of the\ndecision under subsection (1) to:\n(a) the complainant; and\n(b) the person who was the subject of the complaint.\n","sortOrder":127},{"sectionNumber":"132","sectionType":"section","heading":"Referral of disciplinary matter","content":"132 Referral of disciplinary matter\n(1) If the Electrical Safety Regulator refers a matter to the Discipline\nCommittee for disciplinary action, the referral must specify the\n(a) a statement that disciplinary action is being commenced\nagainst the person;\n(b) a summary of the grounds for the proposed disciplinary action;\n(c) an outline of the facts and circumstances forming the basis for\nthe proposed disciplinary action;\n(d) a copy of all written material held by the Electrical Safety\nRegulator that is reasonably relevant to the proposed\ndisciplinary action;\n\nElectrical Safety Act 2022 77\n(e) a summary of the possible disciplinary action that may be\ntaken against the person;\n(f) a summary of the procedure for taking disciplinary action.\n(2) The Electrical Safety Regulator must give the following to the\nperson who is the subject of the referral:\n(a) a copy of the referral;\n(b) an invitation to the person to make, within a specified time,\nsubmissions to the Discipline Committee in relation to the\nproposed disciplinary action.\nExample for subsection (2)(b)\nA submission that demonstrates that the person was not at fault.\n(3) To avoid doubt, a referral may deal with more than one ground or\nset of facts and circumstances.\n","sortOrder":128},{"sectionNumber":"133","sectionType":"section","heading":"Notice of disciplinary hearing","content":"133 Notice of disciplinary hearing\n(1) Before conducting a disciplinary hearing, the Discipline Committee\nmust give the person a written notice of the hearing.\n(2) The notice of the disciplinary hearing must include the following:\n(a) the time and place of the hearing;\n(b) a statement whether the hearing will be on the written\nsubmissions and material or an oral hearing;\n(c) a summary of the rights of the person to participate in the\nhearing.\n(3) The time and place for the disciplinary hearing must be at least\n10 business days after the day the notice is given to the person.\n","sortOrder":129},{"sectionNumber":"134","sectionType":"section","heading":"Disciplinary hearing","content":"134 Disciplinary hearing\n(1) The Discipline Committee must conduct a disciplinary hearing into\nany matter referred to it by the Electrical Safety Regulator.\n(2) Two or more related matters may be heard jointly or at the same\ntime.\n(3) The Discipline Committee may hear a matter not referred to it but\nwhich arises from a matter that was referred to it.\n\nElectrical Safety Act 2022 78\n(4) The Discipline Committee may conduct a disciplinary hearing on\nthe papers submitted, without an oral hearing if:\n(a) the person against whom disciplinary action is being taken\nconsents; or\n(b) the Discipline Committee is satisfied that the information and\nsubmissions provided is sufficient to make a just\ndetermination.\n","sortOrder":130},{"sectionNumber":"135","sectionType":"section","heading":"Participation at hearing","content":"135 Participation at hearing\n(1) The person against whom disciplinary action is being taken has a\nright to participate in a disciplinary hearing and to legal\nrepresentation.\n(2) A person who is not legally represented:\n(a) is entitled to be supported by and to consult with another\nperson during an oral hearing; and\n(b) is not entitled to be represented by that other person.\n(3) The person may give evidence and make submissions to the\nDiscipline Committee in relation to a disciplinary hearing.\n","sortOrder":131},{"sectionNumber":"136","sectionType":"section","heading":"Conduct of disciplinary hearing","content":"136 Conduct of disciplinary hearing\n(1) When conducting a disciplinary hearing, the Discipline Committee\n(a) comply with the rules of natural justice; and\n(b) act as quickly and with as little formality and technicality as\npossible with appropriate consideration of the issues before it.\n(2) The Discipline Committee is not bound by the rules of evidence and\nmay inform itself of anything in any manner it considers appropriate.\n(3) The Discipline Committee may make rules for the conduct of\ndisciplinary hearings not inconsistent with this Act.\n(4) The Discipline Committee may adjourn a hearing at any time to\nmake further enquiries or for another purpose.\n(5) A disciplinary hearing is not open to the public unless the Discipline\nCommittee otherwise decides.\n\nElectrical Safety Act 2022 79\n","sortOrder":132},{"sectionNumber":"137","sectionType":"section","heading":"Record of disciplinary hearing","content":"137 Record of disciplinary hearing\n(1) The Discipline Committee must keep a record of the evidence given\nand submissions made to it for a disciplinary hearing.\n(2) The Discipline Committee is not required to keep a transcript of a\ndisciplinary hearing.\n","sortOrder":133},{"sectionNumber":"138","sectionType":"section","heading":"Discipline Committee's decision","content":"138 Discipline Committee's decision\n(1) On completing a disciplinary hearing, the Discipline Committee\n(a) dismiss the matter of the hearing if satisfied that there are no\ngrounds for disciplinary action; or\n(b) take disciplinary action against the person if satisfied that\nthere are grounds to do so.\n(2) The Discipline Committee must give the person a decision notice\nthat sets out the following:\n(a) whether disciplinary action is imposed on the person;\n(b) the disciplinary action that is imposed, if any;\n(c) the reasons for the decision;\n(d) a summary of the process for review of the decision.\n(3) A copy of the decision notice must be given to any person who\nmade a complaint that initiated the disciplinary action.\n(4) Any disciplinary action imposed on a person takes effect on the\nlater of the following:\n(a) the day the decision notice is served on the person;\n(b) the day specified in the decision notice.\n(5) Notice of any disciplinary action imposed on a person must be\npublished on the Electrical Safety Regulator's website.\n\nDivision 4 Immediate suspension of electrical work licence\nElectrical Safety Act 2022 80\nDivision 4 Immediate suspension of electrical work licence\n139 Notice of immediate suspension\n(1) The Electrical Safety Regulator may immediately suspend an\nelectrical work licence if the Electrical Safety Regulator believes on\nreasonable grounds that the performance of electrical work under\nthe licence:\n(a) may have caused the death of an individual; or\n(b) may have caused serious harm to an individual, based on the\nCriminal Code, section 1A, definition harm; or\n(c) may pose an imminent serious risk to the health or safety of\nan individual.\n(2) The Electrical Safety Regulator may immediately suspend the\nrecognition of a licence, permit, certificate or other authority\nrecognised under section 64 for a reason referred to in\n(3) The Electrical Safety Regulator must give written notice of the\nimmediate suspension to:\n(a) the holder of the licence; and\n(b) the Board.\n(4) The notice of immediate suspension must:\n(a) state that the licence is suspended on the giving of the notice;\nand\n(b) state the grounds for the immediate suspension; and\n(c) summarise the possible disciplinary action that may be taken\nagainst the person; and\n(d) summarise the procedure for taking disciplinary action,\nincluding that a disciplinary hearing will be conducted by the\nDiscipline Committee; and\n(e) state that a copy of the notice is being given to the Board.\n(5) The suspension takes effect immediately on the giving of the notice\nto the person.\n\nElectrical Safety Act 2022 81\n(6) A licence may be suspended under this section regardless of\nwhether disciplinary action is commenced against the holder of the\n(7) The Discipline Committee may conduct a disciplinary hearing in\nrelation to the immediate suspension in accordance with Division 3\nif there are grounds to do so.\n","sortOrder":134},{"sectionNumber":"140","sectionType":"section","heading":"End of suspension","content":"140 End of suspension\nSubject to any decision of the Discipline Committee after\nconducting a hearing, the immediate suspension of a licence under\nthis Division ceases to have effect if no notice is given to the holder\nunder section 133.\n","sortOrder":135},{"sectionNumber":"141","sectionType":"section","heading":"Appointment of inspectors","content":"141 Appointment of inspectors\n(1) The Electrical Safety Regulator may appoint any of the following as\nan inspector:\n(a) a public sector employee;\n(b) a person who is a member of a class of persons prescribed by\n(2) The Electrical Safety Regulator must not appoint a person to be an\ninspector unless satisfied that the person has the skills,\nqualifications, training and experience to properly perform the\nfunctions of an inspector.\n(3) For subsection (2), the Electrical Safety Regulator may require that\na person successfully complete a course of training specified by the\nElectrical Safety Regulator before the person may be appointed as\nan inspector.\n","sortOrder":136},{"sectionNumber":"142","sectionType":"section","heading":"Functions and powers of inspectors","content":"142 Functions and powers of inspectors\nAn inspector has the following functions and powers under this Act:\n(a) to provide information and advice about compliance with this\nAct;\n(b) to promote electrical safety;\n\nElectrical Safety Act 2022 82\n(c) to monitor and enforce compliance with this Act, including\nmaking inspections and issuing notices;\n(d) to investigate contraventions of this Act and assist in the\nprosecution of offences;\n(e) to perform any other functions assigned to an inspector under\nthis Act or any other Act.\n","sortOrder":137},{"sectionNumber":"143","sectionType":"section","heading":"Limits on inspectors' powers","content":"143 Limits on inspectors' powers\n(1) An inspector's powers are subject to:\n(a) any conditions specified in the inspector's appointment; and\n(b) any direction given by the Electrical Safety Regulator.\n(2) A direction referred to in subsection (1)(b) may be of a general\nnature or may relate to a specified matter or specified class of\nmatter.\n","sortOrder":138},{"sectionNumber":"144","sectionType":"section","heading":"Identity card","content":"144 Identity card\n(1) The Electrical Safety Regulator must give an inspector an identity\ncard stating the person's name and that the person is an inspector.\n(2) The identity card must:\n(a) display a recent photograph of the inspector; and\n(b) state the card's date of issue and expiry (if any); and\n(c) be signed by the inspector.\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":139},{"sectionNumber":"145","sectionType":"section","heading":"Return of identity card","content":"145 Return of identity card\n(1) A person who ceases to be an inspector must return the person's\nidentity card to the Electrical Safety Regulator within 15 business\ndays after the cessation.\n(a) ceases to be an inspector; and\n(b) fails to return the person's identity card to the Electrical Safety\nRegulator within 15 business days after the cessation\nMaximum penalty: 20 penalty units.\n\nElectrical Safety Act 2022 83\n","sortOrder":140},{"sectionNumber":"146","sectionType":"section","heading":"Producing identity card","content":"146 Producing identity card\n(1) An inspector must carry the inspector's identity card when\nexercising a power under this Act.\n(2) Before exercising a power under this Act, an inspector must\nproduce the inspector's identity card on the request of:\n(a) a person in relation to whom the power is being exercised; or\n(b) a person who is apparently in charge of a place in relation to\nwhich the power is being exercised.\n(3) If it is not practicable to comply with subsection (2), the inspector\nmust produce the identity card for the person’s inspection at the first\nreasonable opportunity.\n","sortOrder":141},{"sectionNumber":"147","sectionType":"section","heading":"Accountability of inspectors","content":"147 Accountability of inspectors\n(1) An inspector must give written notice to the Electrical Safety\nRegulator of all interests, pecuniary or otherwise, that the inspector\nhas, or acquires, and that conflict or could conflict with the proper\nperformance of the inspector's functions.\n(2) The Electrical Safety Regulator must give a direction to an\ninspector not to deal, or to no longer deal, with a matter if:\n(a) the Electrical Safety Regulator becomes aware that the\ninspector has a potential conflict of interest in relation to a\nmatter; and\n(b) the Electrical Safety Regulator considers that the inspector\nshould not deal, or should no longer deal, with the matter.\n","sortOrder":142},{"sectionNumber":"148","sectionType":"section","heading":"Suspension and revocation of appointment of inspector","content":"148 Suspension and revocation of appointment of inspector\n(1) The Electrical Safety Regulator may suspend the appointment of an\ninspector.\n(2) A person's appointment as an inspector is revoked automatically if\nthe person ceases to be eligible for appointment as an inspector.\n\nElectrical Safety Act 2022 84\n","sortOrder":143},{"sectionNumber":"149","sectionType":"section","heading":"Exercise of powers","content":"149 Exercise of powers\n(1) An inspector has the powers necessary to perform the inspector's\nfunctions under this Act.\n(2) An inspector may use reasonable force and assistance in\nexercising a power or performing a function under this Act.\n","sortOrder":144},{"sectionNumber":"150","sectionType":"section","heading":"Power to enter place","content":"150 Power to enter place\n(1) Subject to section 151, an inspector may enter any place that is, or\nthat the inspector reasonably suspects is:\n(a) a place with electrical equipment; or\n(b) a place under the control of a person with an electrical safety\nduty; or\n(c) a place where electrical work is being or was conducted; or\n(d) a place where a serious electricial event or a dangerous\nelectrical event occurred.\n(2) An entry may be made under subsection (1) with, or without, the\nconsent of the owner or occupier of the place.\n(3) An inspector may enter any place if the entry is authorised by a\nsearch warrant.\n","sortOrder":145},{"sectionNumber":"151","sectionType":"section","heading":"Residential premises","content":"151 Residential premises\n(1) Despite anything to the contrary in this Part, an inspector must not\nenter or exercise search powers in relation to any part of premises\nthat are used for residential purposes except in the following\ncircumstances:\n(a) the occupier consents to the entry or search;\n(b) the entry is for the purpose of inspecting electrical equipment\nat the premises and the occupier is present at the premises;\n(c) the entry is for the purpose of inspecting electrical work being\nconducted at the premises;\n\nElectrical Safety Act 2022 85\n(d) the entry is for the purpose of investigating a serious electrical\nevent or a dangerous electrical event that occurred at the\npremises;\n(e) the premises appears to have no current occupant;\n(f) the entry is authorised by a warrant;\n(g) the entry is necessary in an emergency;\n(h) the entry is made solely to enter and inspect another place\nunder subsection (2).\n(2) An inspector may enter premises used for residential purposes if:\n(a) entry is solely for the purpose of gaining access to another\nplace; and\n(b) the other place is not used for residential purposes; and\n(c) the other place is to be inspected under this Part; and\n(d) the inspector believes on reasonable grounds there is no other\nreasonable alternative means of entering the other place; and\n(e) the time of entry is reasonable in the circumstances.\nAn inspector may enter a home during business hours to gain access to a home\noffice used by an electrical contractor.\n","sortOrder":146},{"sectionNumber":"152","sectionType":"section","heading":"Consent to entry","content":"152 Consent to entry\n(1) An inspector seeking an occupier's consent to enter a place must:\n(a) show the inspector's identity card to the occupier; and\n(b) give the occupier the reasons why the entry is sought; and\n(c) inform the occupier that the occupier may refuse to give\nconsent.\n(2) An inspector is not entitled to remain in the place if the inspector\ndoes not show the identity card to an occupier of the place.\n(3) Having entered a place, an inspector may remain at the place for as\nlong as is reasonably necessary to enable the inspector to perform\nthe inspector's functions.\n(4) To avoid doubt, this section does not affect any powers a police\nofficer may exercise under another law.\n\nElectrical Safety Act 2022 86\n","sortOrder":147},{"sectionNumber":"153","sectionType":"section","heading":"Entry on Aboriginal land","content":"153 Entry on Aboriginal land\nThe power of an inspector to enter a place may be exercised under\nthis Act, despite:\n(a) the place being Aboriginal land as defined in section 3 of the\nAboriginal Land Act 1978; and\n(b) the inspector not holding a permit under that Act to enter or\nremain on Aboriginal land.\n","sortOrder":148},{"sectionNumber":"154","sectionType":"section","heading":"Notice of entry","content":"154 Notice of entry\n(1) An inspector must, as soon as practicable after entering a place,\ntake reasonable steps to notify the following persons of the entry\nand the purpose of the entry:\n(a) the owner or occupier of the place or the person with\nmanagement or control of the place;\n(b) any person conducting a business or undertaking at the place;\n(c) any health and safety representative for workers at the place.\n(2) An inspector is not required to notify any person if doing so would\ndefeat the purpose for the entry or cause unreasonable delay.\n","sortOrder":149},{"sectionNumber":"155","sectionType":"section","heading":"Person assisting inspectors","content":"155 Person assisting inspectors\n(1) An inspector may be assisted by another person during an\ninspection.\n(2) A person assisting the inspector may do anything required by the\ninspector that is within the scope of the inspector's powers.\n(3) Anything done lawfully by a person assisting the inspector is taken\nfor all purposes to be done by the inspector.\n","sortOrder":150},{"sectionNumber":"156","sectionType":"section","heading":"Search warrants","content":"156 Search warrants\n(1) An inspector may apply to a Local Court Judge for a search warrant\nfor a place.\n(2) The application must be made on oath and state the grounds on\nwhich the warrant is sought.\n\nElectrical Safety Act 2022 87\n(3) The Judge may refuse to consider the application until the inspector\ngives the Judge all the information the Judge requires about the\napplication in the form the Judge requires.\nThe Judge may require additional information supporting the application to be\ngiven by statutory declaration.\n(4) The Judge may issue a search warrant for a place only if the Judge\nis satisfied there are reasonable grounds for suspecting that, within\nthe next 72 hours, there will be evidence of an offence against this\nAct at the place.\n(5) The search warrant must state:\n(a) that an inspector named in the warrant may, with necessary\nand reasonable assistance and force, enter the place and\nexercise the inspector's compliance powers; and\n(b) the offence for which the search warrant is sought; and\n(c) the evidence that may be seized under the search warrant;\nand\n(d) the hours of the day or night when the place may be entered;\nand\n(e) that the warrant remains in force for 5 business days after the\ndate of its issue.\n","sortOrder":151},{"sectionNumber":"157","sectionType":"section","heading":"Announcement before entry with warrant","content":"157 Announcement before entry with warrant\n(1) Before executing a search warrant, the inspector named in the\nwarrant or a person assisting the inspector must:\n(a) announce that entry to the place is authorised by the warrant;\nand\n(b) give any person at the place an opportunity to allow that entry.\n(2) The announcement is not required if the inspector or person\nassisting the inspector believes on reasonable grounds that\nimmediate entry to the place is needed to:\n(a) ensure the safety of any person; or\n(b) avoid frustration of the warrant.\n\nElectrical Safety Act 2022 88\n","sortOrder":152},{"sectionNumber":"158","sectionType":"section","heading":"Copy of warrant to be given","content":"158 Copy of warrant to be given\nIf asked by a person who appears to have management or control\nof a place where a search warrant is being executed, the inspector\n(a) produce the inspector's identity card for inspection by the\n(b) give the person a copy of the warrant.\n","sortOrder":153},{"sectionNumber":"159","sectionType":"section","heading":"General powers","content":"159 General powers\n(1) An inspector may inspect a place entered under this Act to the\nextent reasonably required for the administration, operation or\nenforcement of this Act.\n(2) Without limiting subsection (1), an inspector may do any of the\nfollowing at the place:\n(a) inspect, examine and make inquiries at the place;\n(b) inspect and examine any electrical equipment at the place and\nanything else at the place related to electrical safety;\n(c) take copies of, or extracts from, documents at the place;\n(d) take photographs or make films or video recordings of the\nplace or things at the place;\n(e) bring to the place and use any equipment or other thing that is\nreasonably necessary to enable the inspector to exercise the\ninspector's powers under this Act;\n(f) seize electrical equipment or things that the inspector believes\non reasonable grounds are connected with an offence;\n(g) take and remove for analysis a sample of any substance or\n","sortOrder":154},{"sectionNumber":"160","sectionType":"section","heading":"Powers to copy and retain documents","content":"160 Powers to copy and retain documents\n(1) An inspector may:\n(a) make copies of, or take extracts from, a document obtained\nduring an inspection or search or otherwise provided under\nthis Act; and\n\nElectrical Safety Act 2022 89\n(b) keep that document for the period the inspector considers\nnecessary.\n(2) While an inspector retains custody of a document, the inspector\nmust permit the following persons to inspect or make copies of the\ndocument at all reasonable times:\n(a) the person who produced the document;\n(b) the owner of the document;\n(c) a person authorised by a person referred to in paragraph (a)\nor (b).\n","sortOrder":155},{"sectionNumber":"161","sectionType":"section","heading":"Power to require answers and assistance","content":"161 Power to require answers and assistance\n(1) At a place being inspected under this Act, an inspector may:\n(a) require a person at the place to answer reasonable questions\nrelated to the inspection; and\n(b) require a person at the place who has custody of, or access\nto, a thing to produce the thing; and\n(c) require a person at the place to give the inspector any other\nreasonable assistance the inspector requires.\n(2) A requirement under subsection (1)(b) must be made by written\nnotice that specifies the person, place and period for production,\nunless the circumstances require the inspector to have immediate\naccess to the document.\n(3) An inspector must ask questions under this section in private if,\nbefore or during the questioning:\n(a) the inspector considers it appropriate; or\n(b) the person being questioned so requests.\n(4) Subsection (3) does not prevent a representative of the person\nbeing interviewed from being present during the questioning.\n(5) A person referred to in subsection (1) must comply with the\ninspector's requirements.\n\nElectrical Safety Act 2022 90\n(6) A person commits an offence if the person fails to comply with an\ninspector's requirements under subsection (1).\n(7) An offence against subsection (6) is an offence of strict liability.\nNote for section 161\nSee section 163 in relation to self-incrimination and section 244 in relation to\nclient legal privilege.\n","sortOrder":156},{"sectionNumber":"162","sectionType":"section","heading":"Warning to be given","content":"162 Warning to be given\n(1) Before requiring a person to answer a question or provide\ninformation or a document under this Part, an inspector must:\n(a) produce the inspector's identity card; and\n(b) warn the person that failure to comply with the requirement,\nwithout reasonable excuse, would constitute an offence; and\n(c) inform the person about the effect of section 163; and\n(d) inform the person about the effect of section 244.\n(2) It is not an offence for an individual to refuse to answer a question\nput by an inspector or provide information or a document to an\ninspector under this Part on the ground that the question,\ninformation or document might tend to incriminate the person,\nunless first given the warning in subsection (1)(b).\n(3) Nothing in this section prevents an inspector from obtaining and\nusing evidence given to the inspector voluntarily by any person.\n","sortOrder":157},{"sectionNumber":"163","sectionType":"section","heading":"Self-incrimination","content":"163 Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document under this Act is not excused from doing so on\nthe ground that the answer, information or document might tend to\nincriminate the person or make the person liable to a penalty.\n(2) Despite subsection (1), any answer, information or document given\nis not admissible in evidence against the person in a civil or criminal\nproceeding except a proceeding for an offence in which the falsity\nor misleading nature of the answer, information or document is\nrelevant\n\nElectrical Safety Act 2022 91\n","sortOrder":158},{"sectionNumber":"164","sectionType":"section","heading":"Power to disconnect unsafe electrical equipment","content":"164 Power to disconnect unsafe electrical equipment\nAn inspector may take reasonable action to disconnect electrical\nequipment to make it inoperable if the inspector believes on\n(a) the electrical equipment poses an electrical risk; and\n(b) disconnecting the electrical equipment is urgently required to\nminimise that electrical risk.\n","sortOrder":159},{"sectionNumber":"165","sectionType":"section","heading":"Power to seize evidence","content":"165 Power to seize evidence\n(1) At a place being inspected or searched under this Act, an inspector\nmay seize any thing at the place if the inspector believes on\nreasonable grounds:\n(a) the thing is evidence of an offence against this Act; and\n(b) its seizure is necessary to prevent the thing being hidden, lost\nor destroyed or used to continue or repeat an offence against\nthis Act.\n(2) To avoid doubt, an inspector who enters a place with a search\nwarrant may seize anything authorised by the warrant.\n","sortOrder":160},{"sectionNumber":"166","sectionType":"section","heading":"Seizing unsafe electrical equipment","content":"166 Seizing unsafe electrical equipment\nAn inspector may seize electrical equipment at any place if the\ninspector believes on reasonable grounds that:\n(a) the electrical equipment poses an electrical risk; and\n(b) seizing the electrical equipment is urgently required to\nminimise that electrical risk.\n","sortOrder":161},{"sectionNumber":"167","sectionType":"section","heading":"Receipt for seized things","content":"167 Receipt for seized things\n(1) Subject to this section, as soon as practicable after an inspector\nseizes a thing, the inspector must give a receipt for it to the person\nfrom whom it was seized.\n(2) If it is not reasonably practicable to comply with subsection (1), the\ninspector must leave the receipt in a conspicuous and reasonably\nsecure position at the place of seizure.\n(3) The receipt must describe generally each thing seized and its\ncondition.\n\nElectrical Safety Act 2022 92\n(4) No receipt is required to be given if it is impracticable or would be\nunreasonable to give the receipt because of the thing's nature,\ncondition or value.\n","sortOrder":162},{"sectionNumber":"168","sectionType":"section","heading":"Powers related to seizures","content":"168 Powers related to seizures\n(1) An inspector may do any of the following:\n(a) move a seized thing from the place of seizure;\n(b) take reasonable steps to restrict access to a seized thing at\nthe place of seizure;\n(c) dismantle, or cause to be dismantled, any seized electrical\n(d) require the person in control of a seized thing:\n(i) to take it to a reasonable place by a reasonable time;\nand\n(ii) to remain in control of it at the place for a reasonable\ntime.\nExamples for subsection (1)(b)\n1 Sealing a thing and marking it to show access to it is restricted.\n2 Sealing the entrance to a room where the seized thing is situated and\nmarking it to show access to it is restricted.\n(2) A requirement imposed on a person under this section must be:\n(a) made by written notice; or\n(b) if it is not practicable to give it in writing – made orally and\nconfirmed by written notice as soon as practicable.\n(3) A person who is required to do something by an inspector under\nthis section must comply with the inspector's requirements.\n(4) A person commits an offence if the person:\n(a) is in control of a seized thing; and\n(b) is required by an inspector to do something under\nsubsection (1)(d); and\n(c) fails to comply with the inspector's requirements.\n\nElectrical Safety Act 2022 93\n(6) If an inspector restricts access to a seized thing, a person must not\ntamper or interfere with it or something restricting access to it\nwithout an inspector's approval.\n(7) A person commits an offence if:\n(a) an inspector restricts access to a seized thing; and\n(b) the person intentionally tampers or interferes with:\n(i) the thing; or\n(ii) something restricting access to the thing; and\n(c) the person does not have an inspector's approval to engage in\nthat conduct.\n(8) Strict liability applies to subsection (7)(a) and (c).\n","sortOrder":163},{"sectionNumber":"169","sectionType":"section","heading":"Analysis","content":"169 Analysis\n(1) The Electrical Safety Regulator may arrange for the analysis of a\nsubstance, thing or sample taken by an inspector under this Part.\n(2) The analysis must be conducted in accordance with any method of\nanalysis prescribed by regulation.\n(3) The Electrical Safety Regulator must obtain a certificate or report\nstating the result of the analysis.\n(4) A person must not tamper or interfere with a substance or thing to\nobstruct its analysis under this Part.\n(a) the person intentionally tampers or interferes with a substance\nor thing; and\n(b) that conduct obstructs an analysis of the substance or thing\nunder this Part.\n(6) Strict liability applies to subsection (5)(b).\n\nElectrical Safety Act 2022 94\n","sortOrder":164},{"sectionNumber":"170","sectionType":"section","heading":"Return of seized things","content":"170 Return of seized things\n(1) The Electrical Safety Regulator must, on request, return a seized\nthing to the owner or person entitled to possess it unless:\n(a) the Electrical Safety Regulator has reasonable grounds to\nretain the thing; or\n(b) the thing is required as evidence; or\n(c) the thing is forfeited to the Territory.\n(2) If a seized thing is not returned on request, the Electrical Safety\nRegulator must give a decision notice to the owner or person\nentitled to possess the seized thing.\n","sortOrder":165},{"sectionNumber":"171","sectionType":"section","heading":"Return of unsafe things","content":"171 Return of unsafe things\n(1) The Electrical Safety Regulator may impose any conditions on the\nreturn of a seized thing that the Electrical Safety Regulator\nconsiders appropriate to eliminate or minimise any electrical risk.\n(2) The conditions may require one or more of the following actions to\nmake the thing safe from electrical risk:\n(a) repairing it;\n(b) altering it in a specific manner;\n(c) disabling it;\n(d) taking other specific action that is reasonable in the\ncircumstances.\nPart 3, Division 1, provides for who may perform electrical work, including\nrepairing or altering electrical equipment.\n(3) A person to whom a seized thing is returned under this section\nmust comply with the conditions of its return.\n(a) a seized thing is returned to a person with a condition; and\n(b) the person fails to comply with the condition.\n\nElectrical Safety Act 2022 95\n","sortOrder":166},{"sectionNumber":"172","sectionType":"section","heading":"Forfeiture of seized things","content":"172 Forfeiture of seized things\n(1) A seized thing is forfeited to the Territory if the Electrical Safety\nRegulator:\n(a) cannot find the owner or person entitled to possess it, after\nmaking reasonable inquiries; or\n(b) cannot return it to the owner or person entitled to possess it,\nafter making reasonable efforts; or\n(c) believes on reasonable grounds that forfeiture is necessary to\nprevent the thing from being used to commit an offence\nagainst this Act.\n(2) The Electrical Safety Regulator must give a decision notice of any\nforfeiture under subsection (1)(c) to the owner or person entitled to\npossess the thing, unless:\n(a) the Electrical Safety Regulator cannot find the person, after\nmaking reasonable inquiries; or\n(b) it is impracticable or would be unreasonable to give the notice.\n(3) The decision notice must include a summary of the person's rights\nof review and applying for a stay of the decision.\n(4) In deciding what is reasonable under this section, regard must be\nhad to a thing's nature, condition and value.\n(5) Any costs reasonably incurred by the Territory in storing or\ndisposing of a thing forfeited under subsection (1)(c) may be\nrecovered in a Court of competent jurisdiction as a debt due to the\nTerritory from the owner of the thing.\n","sortOrder":167},{"sectionNumber":"173","sectionType":"section","heading":"Access to seized things","content":"173 Access to seized things\n(1) Until a seized thing is forfeited or returned, the Electrical Safety\nRegulator must permit the following persons to inspect it and, in the\ncase of a document, to make copies of it at all reasonable times:\n(a) the person from whom the thing was seized;\n(b) the owner of the thing;\n(c) a person entitled to possess the thing;\n(d) a person authorised by a person referred to in paragraphs (a)\nto (c).\n\nElectrical Safety Act 2022 96\n(2) The Electrical Safety Regulator is not required to permit inspection\nor copying under subsection (1) if it is impracticable or\nunreasonable.\n","sortOrder":168},{"sectionNumber":"174","sectionType":"section","heading":"Damage to be minimised","content":"174 Damage to be minimised\nIn the exercise or purported exercise of a power under this Act, an\ninspector must do all that is reasonably practicable to ensure that\nthe inspector, and any person assisting the inspector under\nsection 155, minimise any inconvenience, detriment and damage.\n","sortOrder":169},{"sectionNumber":"175","sectionType":"section","heading":"Inspector to give notice of damage","content":"175 Inspector to give notice of damage\n(1) Notice must be given under this section if an inspector or a person\nassisting the inspector under section 155 damages a thing when\nexercising or purporting to exercise a power under this Part.\n(2) The inspector must, as soon as practicable, give written notice of\nthe damage to the person who the inspector believes on\nreasonable grounds, is the person in control of the thing.\n(3) The inspector may state in the notice if the inspector believes the\ndamage was caused by a latent defect in the thing or\ncircumstances beyond the control of the inspector or the person\nassisting the inspector.\n(4) If, for any reason, it is impracticable to comply with subsection (2),\nthe inspector must leave the notice in a conspicuous and\nreasonably secure position where the damage occurred.\n(5) No notice is required for damage the inspector believes on\nreasonable grounds is trivial.\n","sortOrder":170},{"sectionNumber":"176","sectionType":"section","heading":"Compensation","content":"176 Compensation\n(1) A person may claim compensation from the Territory for loss or\nexpense incurred by the person if:\n(a) the loss or expense was caused by the exercise or purported\nexercise of a power under this Part; and\n(b) the power was exercised, or purported to be exercised, in bad\nfaith.\n(2) The compensation may be claimed by the person in:\n(a) a proceeding commenced in a Court of competent jurisdiction;\nor\n\nElectrical Safety Act 2022 97\n(b) a proceeding for an offence against this Act brought against\nthe person.\n(3) Compensation may be ordered only if the Court is satisfied it is just\nin the circumstances.\n(4) The regulations may prescribe matters that may, or must, be taken\ninto account by a Court and NTCAT when considering whether to\norder compensation.\n(5) The right to claim compensation under this section is in addition to\nany other right available under a law of the Territory.\n","sortOrder":171},{"sectionNumber":"177","sectionType":"section","heading":"Power to require name and address","content":"177 Power to require name and address\n(1) An inspector may require a person to state the person's name and\naddress if the inspector believes on reasonable grounds that the\nperson committed, is committing or is about to commit an offence\nagainst this Act.\n(2) A person commits an offence if the person contravenes a\nrequirement given under subsection (1).\nsubsection (2) if:\n(a) the inspector did not produce the inspector's identity card for\ninspection by the person if asked; or\n(b) the inspector did not, before giving the requirement, warn the\nperson that failure to comply with the requirement is an\noffence.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to this defence (see\n","sortOrder":172},{"sectionNumber":"178","sectionType":"section","heading":"Inspector may witness affidavits","content":"178 Inspector may witness affidavits\nAn inspector is authorised to witness an affidavit for any purpose\nrelating or incidental to the exercise of the inspector's powers.\n\nElectrical Safety Act 2022 98\n","sortOrder":173},{"sectionNumber":"179","sectionType":"section","heading":"Attendance of inspector at coronial inquests","content":"179 Attendance of inspector at coronial inquests\nIf permitted under section 40(3) of the Coroners Act 1993, an\ninspector may attend and examine witnesses at any inquest into the\ncause of death of a worker while carrying out electrical work.\n","sortOrder":174},{"sectionNumber":"180","sectionType":"section","heading":"Intimidation or obstruction of inspector","content":"180 Intimidation or obstruction of inspector\n(a) the person intentionally intimidates or obstructs another\n(c) the inspector is acting in an official capacity and the person\n(2) Strict liability applies to subsection (1)(b).\n(3) In this section:\nacting in an official capacity, in relation to an inspector, means\nthe inspector is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nobstruct includes hinder and resist.\n","sortOrder":175},{"sectionNumber":"181","sectionType":"section","heading":"Falsely representing to be an inspector","content":"181 Falsely representing to be an inspector\nA person commits an offence if:\n(a) the person intentionally represents, by words or conduct, that\nthe person or another person is an inspector; and\n(b) the representation is false and the person has knowledge of\nthat circumstance.\n\nElectrical Safety Act 2022 99\n","sortOrder":176},{"sectionNumber":"182","sectionType":"section","heading":"Misleading information","content":"182 Misleading information\n(a) the person intentionally gives information to another person;\nand\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the inspector is acting in an official capacity and the person\n(a) the person intentionally gives a document to another person;\nand\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the inspector is acting in an official capacity and the person\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\nsubsection (1) or (2) if the defendant, when giving the information or\ndocument:\n(a) draws the misleading aspect of the information or document to\nthe inspector's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe inspector the information necessary to remedy the\nmisleading aspect of the information or document.\nNote for subsection (4)\nThe defendant has an evidential burden in relation to the matters mentioned (see\n\nElectrical Safety Act 2022 100\n","sortOrder":177},{"sectionNumber":"183","sectionType":"section","heading":"Offence to disclose certain information","content":"183 Offence to disclose certain information\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n\nElectrical Safety Act 2022 101\n","sortOrder":178},{"sectionNumber":"184","sectionType":"section","heading":"Giving improvement notice","content":"184 Giving improvement notice\n(1) An inspector may give a person an improvement notice if the\ninspector believes on reasonable grounds that a person:\n(a) is contravening a provision of this Act or the regulations; or\n(b) contravened a provision of this Act in circumstances that make\nit likely that the contravention will continue or be repeated.\n(2) The improvement notice may require the person to:\n(a) remedy the contravention; or\n(b) prevent a likely contravention from occurring; or\n(c) remedy the things, circumstances or conduct causing the\ncontravention or likely contravention.\n","sortOrder":179},{"sectionNumber":"185","sectionType":"section","heading":"Contents of improvement notices","content":"185 Contents of improvement notices\n(1) An improvement notice must include the following:\n(a) the grounds on which the notice is being issued;\n(b) the provision of this Act or the regulations that the inspector\nbelieves is being, or was, contravened;\n(c) a summary of the facts of the alleged contravention;\n(d) the specific period within which the remedy or preventive\naction is required to be completed.\n(2) An improvement notice may include the measures to be taken to\nremedy the contravention or prevent the likely contravention.\n(3) The measures required to be taken and the period within which\nthey are to be completed must be reasonable in the circumstances.\n","sortOrder":180},{"sectionNumber":"186","sectionType":"section","heading":"Extension of time for compliance with improvement notices","content":"186 Extension of time for compliance with improvement notices\n(1) An inspector may, by written notice, extend the time to comply with\nan improvement notice.\n(2) The time may be extended more than once.\n\nElectrical Safety Act 2022 102\n(3) No extension may be given after the time to comply has expired.\n","sortOrder":181},{"sectionNumber":"187","sectionType":"section","heading":"Compliance with improvement notice","content":"187 Compliance with improvement notice\n(1) A person to whom an improvement notice is given must comply\nwith the notice within the period specified in the notice.\n(a) is given an improvement notice; and\n(b) does not comply with the notice within the period specified in\nthe notice or any extension of time made under section 186.\npracticable to comply, including engaging a contractor to perform\nthe work.\n","sortOrder":182},{"sectionNumber":"188","sectionType":"section","heading":"Power to make direction","content":"188 Power to make direction\nThe Electrical Safety Regulator may give a person a direction to\nrectify electrical work if the Electrical Safety Regulator believes on\n(a) the manner in which the electrical work was performed was\nnot safe from electrical risk; or\n(b) the person who actually performed the electrical work was\nnegligent or incompetent in performing the work; or\n(c) the work was performed in a manner that causes an individual\nor property to not be safe from electrical risk.\n\nElectrical Safety Act 2022 103\n","sortOrder":183},{"sectionNumber":"189","sectionType":"section","heading":"Notice of proposed direction","content":"189 Notice of proposed direction\n(1) Before giving a person a direction to rectify electrical work, the\nElectrical Safety Regulator must give the person a written notice:\n(a) stating that the Electrical Safety Regulator proposes to direct\nthe person to rectify the electrical work within the period\nspecified in the direction; and\n(b) stating the grounds for the proposed direction; and\n(c) outlining the facts and circumstances forming the basis for\nthose grounds; and\n(d) inviting the person to show cause, within a specified period of\nat least 10 business days, why the proposed direction should\nnot be made.\n(2) After considering any representations made by the person within\nthe period specified in the notice, the Electrical Safety Regulator\nmust decide whether to make the direction.\n(3) The Electrical Safety Regulator must give the person a decision\nnotice of the decision.\n(4) If the direction is given to a person who does not hold a licence to\ncarry out the required work, the person must have the work\nperformed by a person who is licensed to perform the work.\n","sortOrder":184},{"sectionNumber":"190","sectionType":"section","heading":"Compliance with rectification direction","content":"190 Compliance with rectification direction\n(1) A person who is given a direction under section 188 must comply\nwith the requirements of the direction.\n(a) is given a direction under section 188; and\n(b) fails to comply with the requirements of the direction or to\nhave the holder of a licence carry out the work in accordance\nwith the direction.\npracticable to comply, including engaging a contractor to perform\nthe work.\n\nElectrical Safety Act 2022 104\n","sortOrder":185},{"sectionNumber":"191","sectionType":"section","heading":"Ministerial notice about electrical safety duty","content":"191 Ministerial notice about electrical safety duty\n(1) The Minister may issue a notice under this section if:\n(a) the Minister identifies circumstances of electrical risk for\nindividuals or property; and\n(b) considers that urgent action should be taken to deal with the\nelectrical risk.\n(2) The notice may prescribe a way of discharging a person’s electrical\nsafety duty in relation to the electrical risk.\n(3) The notice expires on the earlier of:\n(a) 1 year after the day it is issued; or\n(b) a day specified in the notice.\n(4) The Minister may, by amendment, extend the operation of a notice\nfor one further period of not more than 1 year.\n","sortOrder":186},{"sectionNumber":"192","sectionType":"section","heading":"Effect of ministerial notice","content":"192 Effect of ministerial notice\n(1) Unless it provides otherwise, a ministerial notice under section 191\nis taken to not be comprehensive in specifying everything that a\nperson must do, or not do, to discharge the person's electrical\nsafety duty in relation to the electrical risk specified in the notice.\n(2) For the purpose of an offence against this Act, a person is taken to\nfail to discharge the electrical safety duty in relation to an electrical\nrisk specified in a Minister's notice if the person fails to comply with\nthe notice.\n","sortOrder":187},{"sectionNumber":"193","sectionType":"section","heading":"Code of practice","content":"193 Code of practice\n(1) The Minister may, by written notice, make or adopt a code of\npractice regarding ways to discharge a person's electrical safety\nduty.\n(2) A code of practice expires 10 years after its commencement, unless\nearlier revoked.\n(3) A code of practice must be published on the Electrical Safety\n\nElectrical Safety Act 2022 105\n(4) If a code of practice is inconsistent with the regulations or a notice\nunder section 191, the regulation or notice prevails to the extent of\nthe inconsistency.\n","sortOrder":188},{"sectionNumber":"194","sectionType":"section","heading":"Use of code of practice in proceedings","content":"194 Use of code of practice in proceedings\n(1) A code of practice is admissible in proceedings for a contravention\nof this Act as evidence in relation to a duty under this Act.\n(2) A Court may:\n(a) have regard to a code of practice as evidence of what is\nknown about a hazard, electrical risk, risk assessment or risk\ncontrol to which the code relates; and\n(b) rely on the code of practice in deciding what is reasonably\npracticable in the circumstances to comply with the code.\nNote for subsection (2)(b)\nSee section 14 for the meaning of reasonably practicable in ensuring electrical\nsafety.\n(3) A person may introduce evidence of what constitutes compliance\nwith this Act in a manner that is different from a code of practice\nonly if it provides a standard of electrical safety that is equivalent to\nor higher than the standard required by the code.\n","sortOrder":189},{"sectionNumber":"195","sectionType":"section","heading":"Prohibiting sale of consumer electrical equipment","content":"195 Prohibiting sale of consumer electrical equipment\n(1) Subject to section 196, the Electrical Safety Regulator may give a\nwritten notice prohibiting the supply or sale of consumer electrical\nequipment if satisfied that the consumer electrical equipment:\n(a) is not safe from electrical risk; or\n(b) does not comply with the requirements of this Act or the\nregulations.\n(2) The notice must include the following:\n(a) a means of identifying the consumer electrical equipment;\n(b) the grounds on which the notice is being made;\n(c) a summary of the facts and circumstances forming the basis\nfor the grounds;\n\nElectrical Safety Act 2022 106\n(d) the requirement of this Act or the regulations with which the\nconsumer electrical equipment is alleged to not comply;\n(e) any terms or conditions of the prohibition.\n(3) The notice may include specific measures that must be taken by\nthe public or by specific persons to prohibit the sale of the\nconsumer electrical equipment.\n(4) The prohibition remains in force for the period specified in the\nnotice or, if no period is specified, for an indefinite period.\n(5) The notice must be published on the Electrical Safety Regulator's\n(6) The Electrical Safety Regulator must give a copy of the notice to\nany person who is specifically required to take measures under the\n","sortOrder":190},{"sectionNumber":"196","sectionType":"section","heading":"Informing public of proposed prohibition","content":"196 Informing public of proposed prohibition\n(1) Before giving a notice under section 195, the Electrical Safety\nRegulator must do all that is reasonably practicable to inform the\npublic and any person specified in the notice of the proposed\nprohibition, unless:\n(a) the Minister advises the Electrical Safety Regulator that the\nprohibition is urgently required to minimise electrical risk; or\n(b) the sale of the consumer electrical equipment was prohibited\nunder the law of a State or another Territory.\n(2) The information to be given under subsection (1) must include the\n(a) a statement that the Electrical Safety Regulator proposes to\nprohibit the supply or sale of consumer electrical equipment;\n(b) a description of the consumer electrical equipment;\n(c) the grounds for the proposed direction;\n(d) the facts and circumstances forming the basis for those\ngrounds;\n(e) an invitation to the public and any person specified in the\nnotice to show cause, within a specified period of at least\n10 business days, why the proposed direction should not be\nmade.\n\nElectrical Safety Act 2022 107\n(3) The Electrical Safety Regulator must consider any representations\nmade within the period specified in the notice, before giving the\n","sortOrder":191},{"sectionNumber":"197","sectionType":"section","heading":"Prohibited supply and sale","content":"197 Prohibited supply and sale\n(1) A person must not supply or sell consumer electrical equipment if\nthe supply or sale is prohibited:\n(a) by a notice under section 195(1); or\n(b) under the law of a State, another Territory or the\nCommonwealth.\n(a) the person intentionally supplies or sells consumer electrical\nequipment; and\n(b) the supply or sale of the consumer electrical equipment is\nprohibited:\n(i) by a notice under section 195(1); or\n(ii) under the law of a State, another Territory or the\nCommonwealth; and\n(c) the person is reckless in relation to the circumstance in\nparagraph (b).\n","sortOrder":192},{"sectionNumber":"198","sectionType":"section","heading":"Giving electrical safety direction","content":"198 Giving electrical safety direction\n(1) An inspector may give a direction under this section if an inspector\nbelieves on reasonable grounds that an immediate electrical risk\nexists at a place.\n(2) The direction may direct a person to do any of the following:\n(a) to stop any activity that is causing the electrical risk;\n(b) to stop using, or allowing to be used, unsafe electrical\n(c) to disconnect electrical equipment from its supply of electricity\nto the extent the inspector considers necessary to eliminate\nthe electrical risk;\n\nElectrical Safety Act 2022 108\n(d) to take any other action reasonably required to prevent,\nmitigate or remedy the electrical risk.\nAn inspector may direct an electricity entity to give the inspector the help the\ninspector reasonably requires to disconnect electrical equipment under\nsubsection (2)(c).\n(3) The direction may be given orally, but must be confirmed by written\nnotice as soon as practicable.\n(4) The direction must include the following:\n(a) the grounds on which the direction is being made;\n(b) the facts and circumstances forming the basis for the grounds;\n(c) whether the inspector believes a provision of the Act was\ncontravened;\n(d) the measures to be taken to remedy the electrical risk;\n(e) any other requirements that must be complied with before\nreconnecting the supply of electricity;\n(f) the specific time when the measures are required to be taken.\n(5) A person given a direction under this section must comply with it.\n(6) A person commits an offence if:\n(a) the person is given a direction under this section; and\n(c) the conduct contravenes the requirements of the direction and\nthe person is reckless in relation to that result.\nMaximum penalty: 1 000 penalty units.\n(7) Strict liability applies to subsection (6)(a).\n","sortOrder":193},{"sectionNumber":"199","sectionType":"section","heading":"Making recall order","content":"199 Making recall order\n(1) The Minister may make a recall order to recall electrical equipment\nif the Electrical Safety Regulator recommends to the Minister that\nthe electrical equipment is placing, or will place, an individual or\nproperty at electrical risk.\n\nElectrical Safety Act 2022 109\n(2) A recall order requires the designer, manufacturer, importer or\nsupplier specified in the recall order to recall the electrical\nequipment specified in the order from use.\n(3) The designer, manufacturer, importer or supplier specified in the\nrecall order must offer the owners or users of the recalled electrical\nequipment one of the following options:\n(a) to have the recalled equipment repaired to be safe from\nelectrical risk and then returned to the owner or user;\n(b) to have the recalled equipment replaced with equivalent or\nbetter electrical equipment that is safe from electrical risk;\n(c) to be given compensation for the recalled equipment in\naccordance with guidance from the Electrical Safety\nRegulator.\n(4) The Minister may make a recall order for electrical equipment\nwhether or not the electrical equipment:\n(a) was previously recalled by the designer, manufacturer or\nimporter; or\n(b) is installed at a place.\n(5) A recall order must be in writing and include the following:\n(a) the reasons to recall the electrical equipment from use;\n(b) the specific actions that must be taken to recall the electrical\n(c) the specific options to be offered to the owners or users of the\nelectrical equipment.\nExamples subsection (5)(b)\n1 How the public or customers must be informed about the electrical risk.\n2 How the public or customers must mitigate or eliminate the electrical risk, by\nrepair or replacement.\n3 The information that must be given to the Electrical Safety Regulator about\nthe progress of the recall.\n(6) The recall order and a public warning about the electrical risk\nidentified in the recall order must be published on the Electrical\nSafety Regulator's website.\n(7) A recall order remains in force for 2 years after the day the order is\nmade unless sooner revoked by the Minister.\n\nElectrical Safety Act 2022 110\n(8) More than one recall order may be made for the same electrical\n","sortOrder":194},{"sectionNumber":"200","sectionType":"section","heading":"Notice before recommending recall order","content":"200 Notice before recommending recall order\n(1) Before recommending a recall order, the Electrical Safety Regulator\nmust give the person to whom it is directed a written notice that:\n(a) advises the person of the proposed recommendation; and\n(b) states the reasons for making the recommendation; and\n(c) invites the person to show cause, within a specified period of\nat least 10 business days, why the proposed recommendation\nshould not be made.\n(2) If the person wishes to show cause why the recommendation\nshould not be made, the person must make written submissions to\nthe Electrical Safety Regulator within the period specified in the\n(3) The Electrical Safety Regulator must consider any written\nsubmissions made by the person before recommending the recall\norder.\n","sortOrder":195},{"sectionNumber":"201","sectionType":"section","heading":"Compliance with recall order","content":"201 Compliance with recall order\n(1) A person subject to a recall order must comply with the order and is\nliable for any cost incurred to comply with the order, including costs\nincurred by a supplier giving reasonable assistance under\nsection 203.\n(a) the person is subject to a recall order; and\n(c) the conduct results in a failure to comply with the recall order;\nand\n(3) Strict liability applies to subsection (2)(a) and (c).\n\nElectrical Safety Act 2022 111\n","sortOrder":196},{"sectionNumber":"202","sectionType":"section","heading":"Interstate recall order","content":"202 Interstate recall order\n(1) If electrical equipment is subject to recall in a State or another\nTerritory, every supplier of the equipment must:\n(a) cease selling that equipment; and\n(b) do all that is reasonably practicable to inform purchasers and\nusers of the equipment that the equipment is being recalled;\nand\n(b) do all that is reasonably practicable to arrange for the recall of\nthe equipment.\n(a) is a supplier of electrical equipment subject to recall in a State\nor another Territory; and\n(b) fails do all that is reasonably practicable to inform persons\nwho purchased the equipment and users of the equipment\nthat the equipment is being recalled; and\n(c) fails to arrange for the recall of the equipment.\n","sortOrder":197},{"sectionNumber":"203","sectionType":"section","heading":"Supplier must assist responsible person","content":"203 Supplier must assist responsible person\n(1) A person given a recall order may request the supplier of electrical\nequipment for assistance in relation to the recall order.\n(2) After receiving a request and a copy of the recall order, the supplier\nmust give the person reasonable assistance in relation to the recall\norder.\nExamples of reasonable assistance\n1 Ceasing the supply of the recalled electrical equipment.\n2 Putting up a sign about the recall at the supplier’s place of business.\n3 Providing a collection point for recalled electrical equipment.\n4 Identifying or contacting customers.\n5 Giving information about inventory, sales and returns of the recalled electrical\n(a) is a supplier of recalled electrical equipment; and\n\nElectrical Safety Act 2022 112\n(b) receives a copy of the recall order and a request for help from\nanother person under subsection (1); and\n(c) fails to give the other person reasonable help in relation to the\nrecall order.\n","sortOrder":198},{"sectionNumber":"204","sectionType":"section","heading":"Issuing non-disturbance notice","content":"204 Issuing non-disturbance notice\n(1) An inspector may issue a non-disturbance notice to a person with\nmanagement or control of a place if the inspector believes on\nreasonable grounds that it is necessary to:\n(a) preserve the site of a serious electrical event or a dangerous\nelectrical event; or\n(b) prevent disturbance of the place, or a thing at the place, being\ninspected or investigated; or\n(c) facilitate the exercise of the inspector's powers under Part 7.\n(2) A non-disturbance notice must be in writing and include the\n(a) the grounds on which the notice is being issued;\n(b) the specific obligations of the person to whom the notice is\nissued;\n(c) the measures to be taken to preserve a site, prevent\ndisturbance or otherwise facilitate the inspector's compliance\npowers;\n(d) the period during which the notice applies;\n(e) the maximum penalty for contravening the notice.\n(3) The effect of a notice is limited to a maximum of 7 days.\n(4) A notice may be renewed or reissued more than once for periods\nnot exceeding the maximum of 7 days each time.\n\nElectrical Safety Act 2022 113\n","sortOrder":199},{"sectionNumber":"205","sectionType":"section","heading":"Compliance with non-disturbance notice","content":"205 Compliance with non-disturbance notice\n(1) A person must comply with a non-disturbance notice issued to the\nperson.\n(2) A non-disturbance notice does not prevent the following conduct or\naction:\n(a) assisting an injured person;\n(b) removing a deceased person;\n(c) action that is essential to make the site safe or to prevent a\nfurther serious electrical event or dangerous electrical event;\n(d) a police investigation;\n(e) action permitted by an inspector.\n(a) is issued a non-disturbance notice; and\n(b) fails to comply with the requirements of the non-disturbance\nnotice; and\n(c) the conduct is not exempt under subsection (2).\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant did all that was reasonably\n(6) The defendant has a legal burden of proof in relation to the defence\nunder subsection (5).\n","sortOrder":200},{"sectionNumber":"206","sectionType":"section","heading":"Other content of direction, notice or order","content":"206 Other content of direction, notice or order\n(1) A direction, notice or order under this Part may:\n(a) refer to a code of practice or a technical standard; and\n(b) offer the person to whom it is issued a choice of ways in which\nto comply with direction, notice or order; and\n(c) include recommendations for action.\n\nElectrical Safety Act 2022 114\n(2) It is not an offence to fail to comply with recommendations in a\ndirection, notice or order.\n","sortOrder":201},{"sectionNumber":"207","sectionType":"section","heading":"Minor changes","content":"207 Minor changes\nDespite section 43 of the Interpretation Act 1978, an inspector who\nissued an improvement notice or made a direction to rectify\nelectrical work may make only minor changes to it for the following\npurposes:\n(a) for clarification;\n(b) to correct errors or references;\n(c) to reflect changes of address or other circumstances.\nNote for section 207\nAny other changes or revocation must be made by the Electrical Safety\nRegulator under section 208.\n","sortOrder":202},{"sectionNumber":"208","sectionType":"section","heading":"Electrical Safety Regulator power to vary or revoke","content":"208 Electrical Safety Regulator power to vary or revoke\nThe Electrical Safety Regulator may vary or revoke a direction or\nnotice given by an inspector under this Part.\n","sortOrder":203},{"sectionNumber":"209","sectionType":"section","heading":"Formal irregularities or defects","content":"209 Formal irregularities or defects\nA direction, notice or order under this Part is not invalid only\nbecause of:\n(a) a formal defect or irregularity in it, unless the defect or\nirregularity causes or is likely to cause substantial injustice; or\n(b) a failure to use the correct name of the person to whom it is\nissued if the notice sufficiently identifies the person and is\nserved on the person in accordance with section 210.\n","sortOrder":204},{"sectionNumber":"210","sectionType":"section","heading":"Methods of service","content":"210 Methods of service\n(1) A direction, notice or order under this Part must be served on a\nperson:\n(a) by delivering it personally to the person; or\n(b) by sending it by post or fax or electronic transmission to the\nperson's usual or last known place of residence or business;\nor\n(c) by leaving it for the person at the person's usual or last known\nplace of residence or business with a person who appears to\nbe over 16 years and who appears to reside or work there; or\n\nElectrical Safety Act 2022 115\n(d) by leaving it for the person at the place to which the notice\nrelates with a person who is or appears to be the person with\nmanagement or control of the place; or\n(e) serving it in a manner prescribed by regulation.\n(2) The regulations may prescribe the steps a person to whom a notice\nis issued must take to bring the notice to the attention of other\npersons.\n","sortOrder":205},{"sectionNumber":"211","sectionType":"section","heading":"Display of direction, notice or order","content":"211 Display of direction, notice or order\n(1) A person to whom a direction, notice or order is issued under this\nPart must, as soon as possible, display a copy of it in a prominent\nplace at or near the place at which any work affected by the notice\nis being performed.\n(2) A person must not remove, destroy, damage or deface a direction,\nnotice or order displayed under subsection (1) while it is in force.\n(a) is given a direction, notice or order under this Part; and\n(b) fails to display a copy of it in accordance with subsection (1).\n(a) a notice is displayed under subsection (1) while it is in force;\nand\n(b) the person intentionally removes, destroys, damages or\ndefaces the notice.\n(6) Strict liability applies to subsection (5)(a).\n\nElectrical Safety Act 2022 116\n","sortOrder":206},{"sectionNumber":"212","sectionType":"section","heading":"Electrical Safety Regulator power to take action","content":"212 Electrical Safety Regulator power to take action\n(1) The Electrical Safety Regulator may take action under this section\nif:\n(a) a person who is subject to an electrical safety direction under\nsection 198 fails to do all that is reasonably practicable to\ncomply with the notice; or\n(b) the Electrical Safety Regulator believes on reasonable\ngrounds that:\n(i) the grounds for issuing an electrical safety direction\nunder section 198 for a place exist; and\n(ii) the direction cannot be issued because the person with\nmanagement or control of the place could not be found,\ndespite reasonable effort to do so.\n(2) The Electrical Safety Regulator may take any action the Electrical\nSafety Regulator believes is reasonable to make the place or\nsituation safe from electrical risk.\n(3) Before taking remedial action under subsection (1)(a), the Electrical\nSafety Regulator must give written notice to the person subject to\nthe electrical safety direction of:\n(a) the Electrical Safety Regulator's intention to take the action;\nand\n(b) the owner's or person's liability for the costs of that action\nunder section 213.\n","sortOrder":207},{"sectionNumber":"213","sectionType":"section","heading":"Costs of remedial or other action","content":"213 Costs of remedial or other action\n(1) The Electrical Safety Regulator may recover the reasonable costs\nof any remedial action taken under section 212 from:\n(a) the person to whom the electrical safety direction under\nsection 198 is issued; or\n(b) any person to whom the electrical safety direction under\nsection 198 could have been issued.\n(2) The reasonable costs may be recovered as a debt due to the\nElectrical Safety Regulator.\n\nElectrical Safety Act 2022 117\n","sortOrder":208},{"sectionNumber":"214","sectionType":"section","heading":"Injunctions for non-compliance","content":"214 Injunctions for non-compliance\n(1) The Electrical Safety Regulator may apply to the Work Health Court\nfor an injunction:\n(a) compelling a person to comply with a direction, notice or order\nunder this Part; or\n(b) restraining a person from contravening a direction, notice or\norder under this Part.\n(2) An application for the injunction may be made whether or not:\n(a) any proceedings are commenced for an offence relating to the\ndirection, notice or order; and\n(b) any period for compliance with the notice has expired.\n","sortOrder":209},{"sectionNumber":"215","sectionType":"section","heading":"Enforceable undertaking","content":"215 Enforceable undertaking\n(1) An undertaking under this Division is an enforceable promise given\nby a person who is alleged to have contravened this Act, in\nexchange for the stay of any proceedings in respect of the\ncontravention, to do one or more of the following:\n(a) to undertake one or more specified projects for the general\nimprovement of electrical work or work health and safety,\nwithin the period specified in the undertaking;\n(b) to notify a person or a class of persons or the general public,\nas specified in the undertaking, the contravention and its\nconsequences;\n(c) to not commit, during the period specified in the undertaking,\nany offence against this Act or the Work Health and Safety\n(National Uniform Legislation) Act 2011;\n(d) to do or refrain from doing any action related to electrical\nsafety specified in the undertaking;\n(e) to pay the reasonable costs of the Electrical Safety Regulator\nrelated to the alleged contravention, the undertaking and\nensuring future compliance by the person;\n(f) any related matters.\n\nElectrical Safety Act 2022 118\n(2) An undertaking may contain any terms and conditions that the\nElectrical Safety Regulator considers necessary to promote the\npurposes of this Act or to ensure compliance with this Act.\n(3) An undertaking must include time limits for the performance of any\nobligations and a method to monitor compliance with the\nundertaking.\n(4) The process of negotiating an undertaking is without prejudice to\nany party's position.\n","sortOrder":210},{"sectionNumber":"216","sectionType":"section","heading":"Acceptance of undertaking","content":"216 Acceptance of undertaking\n(1) The Electrical Safety Regulator may accept an undertaking for an\nalleged contravention after a prosecution for the alleged\ncontravention has commenced.\n(2) The Electrical Safety Regulator must consider the following before\naccepting an undertaking:\n(a) the nature and gravity of the conduct;\n(b) the maximum penalty provided for the alleged contravention;\n(c) the benefits of the proposed undertaking and the public\ninterest;\n(d) the interests of justice;\n(e) any other factor that the Electrical Safety Regulator considers\nrelevant.\nSection 223 allows the Electrical Safety Regulator to make guidelines about\naccepting undertakings.\n(3) An undertaking must not be accepted unless it provides safety\nbenefits for the workplace, the electricity industry and the\ncommunity.\n(4) An undertaking must not be accepted for a contravention or an\nalleged contravention that is:\n(a) a category 1 offence; or\n(b) industrial manslaughter under section 34B of the Work Health\nand Safety (National Uniform Legislation) Act 2011.\n(5) The Electrical Safety Regulator must give written notice to the\nperson whether or not the person's undertaking is accepted.\n\nElectrical Safety Act 2022 119\n(5) A decision by the Electrical Safety Regulator to not accept an\nundertaking is not subject to review under Part 10, Division 1.\n","sortOrder":211},{"sectionNumber":"217","sectionType":"section","heading":"Effect on proceedings","content":"217 Effect on proceedings\n(1) Subject to this section, no proceedings for an alleged contravention\nof this Act may be commenced or continued against a person if an\nundertaking in relation to the contravention:\n(a) is in effect; or\n(b) is completely discharged.\n(2) The giving of an undertaking does not constitute an admission of\nguilt by the person giving it in relation to the alleged contravention\nor offence.\n(3) After accepting an undertaking from a person, the Electrical Safety\nRegulator must take reasonable steps to have the prosecution and\nany disciplinary proceedings against the person discontinued as\nsoon as possible.\n(4) Proceedings may be instituted or resumed against a person who\ngave an undertaking in respect of the alleged contravention or\noffence if the undertaking is not complied with.\n(5) The Electrical Safety Regulator must send a written notice to the\nfollowing advising them whether an undertaking was or was not\ncomplied with:\n(a) the person who gave the undertaking;\n(b) the Discipline Committee.\n","sortOrder":212},{"sectionNumber":"218","sectionType":"section","heading":"Undertaking is enforceable","content":"218 Undertaking is enforceable\nAn undertaking takes effect and becomes enforceable on the later\nof the following:\n(a) when the person giving the undertaking is notified of its\nacceptance by the Electrical Safety Regulator;\n(b) any later day specified in the undertaking.\n","sortOrder":213},{"sectionNumber":"219","sectionType":"section","heading":"Variation or withdrawal of undertaking","content":"219 Variation or withdrawal of undertaking\n(1) A person who gave an undertaking may at any time, with the written\nconsent of the Electrical Safety Regulator, vary or withdraw the\nundertaking.\n\nElectrical Safety Act 2022 120\n(2) The provisions of an undertaking relating to an alleged\ncontravention must not be varied to provide for a different\ncontravention.\n","sortOrder":214},{"sectionNumber":"220","sectionType":"section","heading":"Order regarding contravention of undertaking","content":"220 Order regarding contravention of undertaking\n(1) The Electrical Safety Regulator may apply to the Local Court for an\norder under this section if a person contravenes an undertaking.\n(2) If satisfied that a person contravened an undertaking, the Local\nCourt may make one or more of the following orders:\n(a) an order directing the person to comply with the undertaking;\n(b) an order discharging the undertaking;\n(c) an order directing the person to pay the Territory the costs of\nthe proceedings;\n(d) an order directing the person to pay the Territory the\nreasonable costs of the Electrical Safety Regulator monitoring\ncompliance with the electrical safety undertaking in the future;\n(e) any other order the Court considers appropriate in the\ncircumstances.\n(3) Nothing in this section prevents the prosecution of the alleged\ncontravention or offence that was the subject of the undertaking.\n","sortOrder":215},{"sectionNumber":"221","sectionType":"section","heading":"Publication of undertaking","content":"221 Publication of undertaking\nThe Electrical Safety Regulator must publish, on the Electrical\nSafety Regulator's website, the pertinent details of and the reasons\nfor the following:\n(a) any undertaking accepted by the Electrical Safety Regulator;\n(b) any variation or withdrawal of an undertaking;\n(c) any compliance or lack of compliance with an undertaking.\n\nElectrical Safety Act 2022 121\n","sortOrder":216},{"sectionNumber":"222","sectionType":"section","heading":"Bringing prosecutions","content":"222 Bringing prosecutions\nProceedings for an offence against this Act may be brought only by:\n(a) the Electrical Safety Regulator; or\n(b) an inspector authorised by the Electrical Safety Regulator; or\n(c) the Director of Public Prosecutions.\n","sortOrder":217},{"sectionNumber":"223","sectionType":"section","heading":"Request for prosecution","content":"223 Request for prosecution\n(1) Subject to this section, a person may request the Electrical Safety\nRegulator to bring a prosecution if:\n(a) the person believes on reasonable grounds that the\noccurrence of an act, matter or thing constitutes a category 1\noffence, category 2 offence or category 3 offence; and\n(b) no prosecution for the offence is brought within 6 months of\nthe occurrence.\n(2) No request may be made more than 12 months after the\noccurrence of the act, matter or thing.\n(3) The request must be in writing and specify:\n(a) the particulars of the occurrence of the act, matter or thing;\nand\n(b) the grounds for the belief that the offence occurred.\n(4) The request may include the prosecution of more than one offence\nif the offences all relate to the same occurrence of the act, matter or\n(5) Within 3 months after receiving the request, the Electrical Safety\nRegulator must give written notice of the request to the following:\n(a) the person who made the request;\n(b) any person alleged to be responsible for the occurrence of the\nact, matter or thing.\n\nElectrical Safety Act 2022 122\n(6) The notice must include the following particulars:\n(a) the status of any investigation into the occurrence of the act,\nmatter or thing;\n(b) the status of any prosecution in relation to the occurrence;\n(c) if no investigation is being conducted or if no prosecution is\nbeing brought – the reasons why not.\n(7) The Electrical Safety Regulator may publish the information\nreferred to in subsection (6) on the Electrical Safety Regulator's\n(8) The Electrical Safety Regulator need not give the notice under\nsubsection (5) if the request relates to an occurrence about which\ninformation is published on the Electrical Safety Regulator's\n(9) The Electrical Safety Regulator must not state, to any person\nreferred to in subsection (5), a view that is contrary to the views of\nthe Director of Public Prosecutions on the merits of a prosecution in\nrelation to the occurrence.\n(10) In this section, a reference to the occurrence of an act, matter or\nthing includes a reference to a failure in relation to an act, matter or\n","sortOrder":218},{"sectionNumber":"224","sectionType":"section","heading":"Guidelines","content":"224 Guidelines\n(1) The Electrical Safety Regulator must make general guidelines in\nrelation to:\n(a) the prosecution of offences under this Act; and\n(b) the acceptance of undertakings under this Act.\n(2) The guidelines must be published on the Electrical Safety\n(3) Nothing in this section affects the ability of the Director of Public\nProsecutions to bring proceedings for an offence against this Act.\n\nElectrical Safety Act 2022 123\n","sortOrder":219},{"sectionNumber":"225","sectionType":"section","heading":"Referral to Director of Public Prosecutions","content":"225 Referral to Director of Public Prosecutions\n(1) The Electrical Safety Regulator must seek the views of the Director\nof Public Prosecutions on the merits of a prosecution if:\n(a) the Electrical Safety Regulator is considering bringing\nproceedings in respect of a death for a category 1 offence,\ncategory 2 offence or category 3 offence; or\n(b) the Electrical Safety Regulator receives a request under\nsection 223 for the prosecution of an offence in respect of a\ndeath.\n(2) In seeking the views of the Director of Public Prosecutions, the\nElectrical Safety Regulator must give the Director of Public\nProsecutions a copy of any relevant information and evidence the\nElectrical Safety Regulator may have, including a copy of any\nrequest.\n(3) The Director of Public Prosecutions must give the Electrical Safety\nRegulator the Director's views on the following:\n(a) the merits of a prosecution for the offence referred or for any\nother offence in respect of the death;\n(b) whether the Director consents to a prosecution under\nsection 226.\n(4) The views referred to in subsection (3) must be given within\n45 business days after receiving the relevant information and\nevidence under subsection (2).\n(5) Despite subsection (1), the Electrical Safety Regulator need not\nseek the views of the Director of Public Prosecutions on the merits\nof a prosecution in respect of a death that was previously referred\nunder this section, unless there is new information or evidence to\njustify the referral.\n","sortOrder":220},{"sectionNumber":"226","sectionType":"section","heading":"Consent to prosecution","content":"226 Consent to prosecution\nThe Electrical Safety Regulator requires the consent of the Director\nof Public Prosecutions to bring proceedings for a category 1\noffence, category 2 offence or category 3 offence in respect of a\ndeath.\n\nElectrical Safety Act 2022 124\n","sortOrder":221},{"sectionNumber":"227","sectionType":"section","heading":"Limitation period for prosecutions","content":"227 Limitation period for prosecutions\n(1) Proceedings for an offence against this Act may not be brought\nafter the latest of the following:\n(a) for an offence against Part 2 – the day 2 years after the day\nthe Electrical Safety Regulator becomes aware of the offence;\n(b) for an offence for which a coronial inquiry is held – the day\n1 year after the coronial report is made or a coronial inquiry\nends;\n(c) for any other offence – 5 years after the day the offence was\ncommitted.\n(2) A proceeding for a category 1 offence may be brought after the end\nof the applicable limitation period in subsection (1) if:\n(a) fresh evidence relevant to the offence is discovered; and\n(b) the Court is satisfied that the evidence could not reasonably\nhave been discovered within the relevant limitation period.\n(3) For subsection (1), if an offence is committed on more than 1 day,\nthe period of time is to be counted from the last day.\n","sortOrder":222},{"sectionNumber":"228","sectionType":"section","heading":"Multiple contraventions of electrical safety duty","content":"228 Multiple contraventions of electrical safety duty\nTwo or more contraventions of Part 2 by a person that arise out of\nthe same factual circumstances may be charged as a single\noffence or as separate offences.\n","sortOrder":223},{"sectionNumber":"229","sectionType":"section","heading":"Statements of fact in complaint","content":"229 Statements of fact in complaint\n(1) In a proceeding for an offence against this Act, a statement of fact\nmay be made in a complaint or information as evidence in respect\nof the following physical elements of the offence:\n(a) that a specified person was or was not, at a specified time, the\nholder of a licence;\n(b) that a licence was or was not, at a specified time, subject to a\ncondition or restriction and the nature of the condition or\nrestriction;\n(c) that a specified document was or was not given, issued or\nmade under this Act;\n\nElectrical Safety Act 2022 125\n(d) that a person was or was not authorised to exercise a power\nor perform a function under this Act;\n(e) that specified electrical equipment was or was not, at a\nspecified time, in a specified place;\n(f) that a code of practice or a technical standard was or was not\nin force at a specified time;\n(g) that a specified person was given a direction or notice under\nthis Act at a specified time;\n(h) that a specified amount is payable under this Act by a\nspecified person;\n(i) that a specified instrument, item of equipment or installation\nwas or was not used in accordance with conditions for its use.\nExamples for subsection (1)(c)\nDocuments include an inspector's ID card, an improvement notice or a decision\n(2) A document purporting to be published by or under the authority of\nthe following is evidence of the matters appearing on and in the\ndocument:\n(a) the Energy Supply Association of Australia;\n(b) the National Occupational Health and Safety Commission;\n(c) Standards Australia.\n","sortOrder":224},{"sectionNumber":"230","sectionType":"section","heading":"Certificate evidence","content":"230 Certificate evidence\n(1) A certificate purporting to be signed by the Electrical Safety\nRegulator specifying a matter referred to in section 229 is evidence\nof the matter specified in the certificate.\n(2) In any proceeding in a Court in respect of an offence against this\nAct, a certificate that purports to be signed by an analyst and states\nthe result of an analysis of substance received from an inspector is\nevidence of the matters specified in the certificate.\n","sortOrder":225},{"sectionNumber":"231","sectionType":"section","heading":"Expert report","content":"231 Expert report\n(1) An expert report is not admissible in evidence in a proceeding\nunder this Act, without leave of the Court, if the expert does not\nattend to give oral evidence.\n(2) An expert report when admitted is evidence of a fact or opinion of\nwhich the expert could have given oral evidence.\n\nElectrical Safety Act 2022 126\n(3) This section does not apply to the certificate of an analyst under\nsection 230(2).\n","sortOrder":226},{"sectionNumber":"232","sectionType":"section","heading":"Undertaking to Court","content":"232 Undertaking to Court\n(1) In a proceeding for an offence against this Act, the Court may, with\nor without recording a conviction:\n(a) adjourn the proceeding for a period of up to 2 years; and\n(b) make an order for the release of the person on the person\ngiving an undertaking to the Court.\n(2) The undertaking must include the following:\n(a) the conditions imposed by the Court that the person must\nobey;\n(b) a condition that the person must not commit any offence\nagainst this Act during the period of the adjournment;\n(c) a warning that the person may be ordered to appear before\nthe Court during the period of the adjournment and at the time\nto which the hearing is adjourned.\n(3) A person who gives an undertaking to the Court must appear\nbefore the Court if ordered by the Court.\n(4) An order to appear before the Court referred to in subsection (3)\nmust be served on the person at least 4 business days before the\nday required for the appearance.\n(5) The Court may discharge a person without any further hearing or\nany finding of guilt if the Court is satisfied that the person observed\nthe conditions of the undertaking.\n(6) If the Court is not satisfied that the person observed the conditions\nof the undertaking, the Court may:\n(a) resume the proceeding for the offence; and\n(b) make any other orders or findings as may be appropriate.\n\nElectrical Safety Act 2022 127\n","sortOrder":227},{"sectionNumber":"233","sectionType":"section","heading":"Orders on conviction or finding of guilt","content":"233 Orders on conviction or finding of guilt\n(1) A Court may make one or more of the following orders if the Court\nfinds a person guilty of an offence against this Act:\n(a) a publicity order under section 234;\n(b) a remediation order under section 235;\n(c) an electrical safety project order under section 236;\n(d) a training order under section 237.\n(2) The orders may be made in addition to any penalty that may be\nimposed or any other action that may be taken in relation to the\noffence.\n","sortOrder":228},{"sectionNumber":"234","sectionType":"section","heading":"Publicity orders","content":"234 Publicity orders\n(1) The Court may make a publicity order requiring the person to do\nany of the following:\n(a) to publicise, in the manner specified in the order, the offence,\nits consequences, the penalty imposed and any other related\nmatter;\n(b) to notify a specified person or class of persons, in the manner\nspecified in the order, of the offence, its consequences, the\npenalty imposed and any other related matter.\n(2) A person subject to an adverse publicity order must give the\nElectrical Safety Regulator evidence of compliance with the order\nwithin 5 business days after the expiry of the period specified in\nsubsection (1)(a) or (b).\n(3) The Court may make an adverse publicity order on its own initiative\nor on the application of the person prosecuting the offence.\n(4) If the Electrical Safety Regulator is not satisfied that the person\ncomplied with the order, the Electrical Safety Regulator may apply\nto the Court for an order authorising the Electrical Safety Regulator,\nor a person authorised in writing by the Electrical Safety Regulator,\nto take action.\n(5) The Electrical Safety Regulator is entitled to recover from the\nperson subject to an order, by action in a Court of competent\njurisdiction, the reasonable expenses of taking action under\nsubsection (4).\n\nElectrical Safety Act 2022 128\n","sortOrder":229},{"sectionNumber":"235","sectionType":"section","heading":"Remediation order","content":"235 Remediation order\n(1) The Court may order the person to take specified steps, within a\nspecified period, to remedy any matter caused by the commission\nof the offence that appears to the Court to be within the person's\npower to remedy.\n(2) The period in which an order under this section must be complied\nwith may be extended one or more times by order of the Court if the\napplication for the extension is made before the period expires.\n","sortOrder":230},{"sectionNumber":"236","sectionType":"section","heading":"Electrical safety project order","content":"236 Electrical safety project order\n(1) The Court may order the person to undertake a specified project for\nthe general improvement of electrical safety within a specified\nperiod.\n(2) The order may specify conditions that must be complied with in\nundertaking the specified project.\n","sortOrder":231},{"sectionNumber":"237","sectionType":"section","heading":"Training order","content":"237 Training order\nThe Court may order the person to undertake, or to arrange for one\nor more employees of the person to undertake, a specified course\nof training.\n","sortOrder":232},{"sectionNumber":"238","sectionType":"section","heading":"Offence to fail to comply with order","content":"238 Offence to fail to comply with order\n(a) the person is subject to an order under this Division; and\n(b) the person contravenes the order.\n(3) It is a defence to a prosecution for an offence against subsection(1)\nif the defendant did all that was reasonably practicable to prevent\nthe commission of the offence.\n(4) The defendant has a legal burden of proof in relation to the defence\nunder subsection (3).\n\nElectrical Safety Act 2022 129\n","sortOrder":233},{"sectionNumber":"239","sectionType":"section","heading":"Offences and the Crown","content":"239 Offences and the Crown\n(1) If the Crown is guilty of an offence against this Act, the penalty to\nbe imposed on the Crown is the penalty applicable to a body\ncorporate.\n(2) For this Act, any conduct engaged in on behalf of the Crown by an\nemployee, agent or officer of the Crown acting within the actual or\napparent scope of that person's employment, or within that person's\nactual or apparent authority, is conduct also engaged in by the\nCrown.\n(3) If an offence against this Act requires proof of knowledge, intention\nor recklessness, it is sufficient in a proceeding against the Crown\nfor that offence to prove that the person referred to in subsection (2)\nhad the relevant knowledge, intention or recklessness.\n(4) If for an offence against this Act mistake of fact is relevant to\ndetermining responsibility, it is sufficient in a proceeding against the\nCrown for that offence if the person referred to in subsection (2)\nmade that mistake of fact.\n","sortOrder":234},{"sectionNumber":"240","sectionType":"section","heading":"Officers of the Crown","content":"240 Officers of the Crown\n(1) A person who makes, or participates in making, decisions that\naffect the whole, or a substantial part, of a business or undertaking\nof the Crown is taken to be an officer of the Crown for this Act.\n(2) A Minister of a State or the Commonwealth is not in that capacity\nan officer for the purposes of this Act.\n","sortOrder":235},{"sectionNumber":"241","sectionType":"section","heading":"Responsible agency or instrumentality of Crown","content":"241 Responsible agency or instrumentality of Crown\n(1) The following is the responsible agency or instrumentality of the\nCrown when serving a document on, or giving a document to, the\nCrown under this Act:\n(a) in the case of an improvement notice or infringement notice –\nthe agency or instrumentality of the Crown whose acts or\nomissions are alleged to contravene this Act;\n(b) in the case of any other document – the agency or\ninstrumentality of the Crown with control over the business,\nundertaking, work, activity, thing or place specified in the\nnotice or request.\n(2) The responsible agency or instrumentality may be specified in any\ninfringement notice issued to the Crown.\n\nElectrical Safety Act 2022 130\n(3) The responsible agency or instrumentality in relation to an offence\nor contravention against this Act is the agency or instrumentality of\nthe Crown whose acts or omissions are alleged to constitute the\noffence or contravention.\n(4) If an agency or instrumentality no longer exists, the successor of\nthat agency or instrumentality is taken to be the responsible agency\nor instrumentality and, if there is no clear successor, the Court may\ndeclare an agency or instrumentality to be the responsible agency\nor instrumentality.\n(5) The responsible agency or instrumentality in relation to an offence\nor contravention against this Act may be specified in any document\ninitiating, or relating to, the proceedings.\n(6) The responsible agency or instrumentality in relation to an offence\nor a contravention is entitled to act in proceedings against the\nCrown for the offence or relating to the contravention and, subject\nto any relevant rules of Court, the procedural rights and obligations\nof the Crown as the accused or defendant in the proceedings are\nconferred or imposed on the responsible agency or instrumentality.\n(7) The person bringing the proceedings may change the responsible\nagency or instrumentality during the proceedings with the Court's\nleave.\n","sortOrder":236},{"sectionNumber":"242","sectionType":"section","heading":"Effect on civil liability","content":"242 Effect on civil liability\nUnless otherwise provided in this Act, nothing in this Act is to be\nconstrued as:\n(a) conferring a right of action in civil proceedings in relation to a\ncontravention of a provision of this Act; or\n(b) conferring a defence to an action in civil proceedings or\notherwise affecting a right of action in civil proceedings; or\n(c) affecting the extent to which a right of action arises, or civil\nproceedings may be brought, in relation to breaches of duties\nor obligations imposed by regulation.\n\nElectrical Safety Act 2022 131\n","sortOrder":237},{"sectionNumber":"243","sectionType":"section","heading":"Disciplinary action and offences","content":"243 Disciplinary action and offences\nThe taking of disciplinary action against the holder of a licence does\nnot prevent:\n(a) prosecuting the holder of the licence for an offence arising\nfrom the facts or circumstances on which the disciplinary\naction is based; or\n(b) a Court imposing a penalty for an offence referred to in\nparagraph (a) after taking the disciplinary action into account.\n","sortOrder":238},{"sectionNumber":"244","sectionType":"section","heading":"Client legal privilege","content":"244 Client legal privilege\nNothing in this Act requires a person to produce a document that\nwould disclose information, or otherwise provide information, that is\nthe subject of client legal privilege.\n","sortOrder":239},{"sectionNumber":"245","sectionType":"section","heading":"Protection from civil liability","content":"245 Protection from civil liability\n(1) The following persons are not civilly liable for an act done or\nomitted to be done by the person in good faith in the exercise of a\npower or performance of a function under this Act:\n(a) the Electrical Safety Regulator;\n(b) a member of the Electrical Safety Board;\n(c) an inspector.\n(2) Subsection (1) does not affect any liability the Territory would, apart\nfrom that subsection, have for the act or omission.\n(3) In this section:\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n","sortOrder":240},{"sectionNumber":"246","sectionType":"section","heading":"No contracting out","content":"246 No contracting out\nA term of any agreement or contract that purports to exclude, limit\nor modify the operation of this Act or any duty owed under this Act\nor to transfer to another person any duty owed under this Act is\nvoid.\n\nElectrical Safety Act 2022 132\n","sortOrder":241},{"sectionNumber":"247","sectionType":"section","heading":"Meaning of decision","content":"247 Meaning of decision\nFor this Division, a reference to a decision includes the following:\n(a) issuing, making, suspending, revoking or refusing to issue,\nmake, suspend or revoke an order, determination or decision;\n(b) issuing, giving, suspending, revoking or refusing to issue, give,\nsuspend or revoke a direction, authorisation, approval,\nconsent or permission;\n(c) imposing a condition;\n(d) making a declaration, demand or requirement;\n(f) retaining, or refusing to deliver up, a thing;\n(g) doing or refusing to do any other act or thing.\n","sortOrder":242},{"sectionNumber":"248","sectionType":"section","heading":"Application for review of inspector's decision","content":"248 Application for review of inspector's decision\n(1) A person affected by a decision of an inspector may apply to the\nElectrical Safety Regulator for review of the decision.\n(2) The application for review must be lodged with the Electrical Safety\nRegulator:\n(a) within 20 business days after the decision notice (or other\nwritten notice of the decision) is given to the person; or\n(b) any later date allowed by the Electrical Safety Regulator.\n(3) The application must:\n(b) state the grounds for the review and the facts relied on to\nestablish the grounds.\n(4) Subject to section 249(2), an application for review does not stay\nthe operation of the inspector's decision.\n\nElectrical Safety Act 2022 133\n","sortOrder":243},{"sectionNumber":"249","sectionType":"section","heading":"Review powers","content":"249 Review powers\n(1) The Electrical Safety Regulator may reject an application for review\nif satisfied:\n(a) the application is frivolous or vexatious; or\n(b) no grounds exist for the application.\n(2) The Electrical Safety Regulator may stay the operation of the\ndecision pending completion of the review.\n(3) The Electrical Safety Regulator may, by written notice, require\nfurther information from the applicant for the purposes of the\nreview.\n(4) The time to provide the information must be at least\n5 business days as specified in the notice.\n(5) If the applicant does not provide the further information within the\nspecified time, the Electrical Safety Regulator may reject the\napplication.\n(6) The Electrical Safety Regulator may delegate to another person or\nbody the power to review decisions under section 250.\n(7) The inspector who made the decision cannot be a delegate to\nreview that decision.\n","sortOrder":244},{"sectionNumber":"250","sectionType":"section","heading":"Reviewing inspector's decision","content":"250 Reviewing inspector's decision\n(1) Unless the application is rejected under section 249(5), the\nElectrical Safety Regulator must review the inspector's decision\nwithin 10 business days after the later of the following:\n(a) the day on which the application is lodged;\n(b) the day for the provision of further information, if any, specified\nin accordance with section 249(3).\n(2) In reviewing the inspector's decision, the Electrical Safety Regulator\n(a) take into account any matter that was required when the\ninspector made the decision; and\n(b) comply with the rules of natural justice.\n\nElectrical Safety Act 2022 134\n(3) After reviewing the inspector's decision, the Electrical Safety\nRegulator must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n(4) The Electrical Safety Regulator must, as soon as practicable, give a\ndecision notice to the following persons:\n(a) the applicant;\n(b) the inspector who made the decision;\n(c) any person who also had a right under section 248(1) to apply\nfor a review of the decision.\n","sortOrder":245},{"sectionNumber":"251","sectionType":"section","heading":"Review by NTCAT","content":"251 Review by NTCAT\n(1) The following decisions are reviewable by NTCAT:\n(a) any decision of the Electrical Safety Regulator or delegate of\nthe Electrical Safety Regulator for which a decision notice is\nrequired under this Act;\n(b) a decision of the Electrical Safety Regulator under section 195\nto prohibit the supply or sale of consumer electrical\nequipment, other than on the grounds referred to in\nsection 196(1)(a) or (b);\n(c) any decision of the Board or a committee of the Board for\nwhich a decision notice is required under this Act.\n(2) The following persons may apply to NTCAT for a review of the\ndecision:\n(a) for all decisions – the Electrical Safety Regulator;\n(b) for a decision regarding an application – the applicant;\n(c) for a decision regarding a licence – the person holding the\n(d) for a decision regarding disciplinary action – the person who is\nthe subject of the action;\n(e) for a decision that was the result of a submission, complaint or\nobjection – the person who made the submission, complaint or\nobjection;\n\nElectrical Safety Act 2022 135\n(f) for a decision relating to a notice or direction under Part 8 –\nthe person who is the subject of the notice or direction;\n(g) for a decision relating to the seizure of a thing – the owner or\nthe person entitled to possess the thing.\n","sortOrder":246},{"sectionNumber":"252","sectionType":"section","heading":"Effect of application on decision","content":"252 Effect of application on decision\nUnless NTCAT orders otherwise, an application for review by\nNTCAT does not affect the operation or implementation of the\ndecision under review.\n","sortOrder":247},{"sectionNumber":"253","sectionType":"section","heading":"Regulations","content":"253 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) A regulation may provide for the following:\n(a) ways of discharging a person's electrical safety duty;\n(b) ways of ensuring the electrical safety of individuals and\nproperty;\n(c) safety and technical requirements for electrical work;\n(d) safety and technical requirements for working in contact with,\nor near to, an exposed conductor or an exposed component of\nan item of electrical equipment;\n(e) safety, technical and certification requirements for electrical\nequipment, including for the sale, testing and use of electrical\n(f) safety and technical requirements for the electricity\ninfrastructure and for electricity supply;\n(g) amendments, cancellations, suspensions and transfers of\ncertificates and other authorities required under the regulation;\n(h) requirements for the labelling, marking, testing and disposal of\nelectrical equipment;\n(i) requirements for signs or other advertising material for the\nsale of electrical equipment;\n(j) requirements for safety management and mitigation plans;\n\nElectrical Safety Act 2022 136\n(k) safety, technical and registration requirements for cathodic\nprotection systems;\n(l) notification and reporting requirements for serious electrical\nevents and dangerous electrical events;\n(m) matters about licences, including the following:\n(i) classes of licences;\n(ii) the periods for which particular licences are to be in\nforce;\n(iii) financial and insurance requirements for the holders of\nlicences;\n(iv) particular requirements applying to the making of\napplications for the issue or renewal of licences;\n(v) eligibility requirements for the issue or renewal of\nlicences, including suitability for particular qualifications\nand successful completion of examinations or courses\n(vi) the keeping of a register for recording licence\ninformation;\n(vii) requirements for keeping licences and registers up to\ndate, including for the provision of information for\nkeeping licences and registers up to date;\n(viii) restrictions on advertising by the holders of licences;\n(n) matters relating to the registration of suppliers and consumer\nelectrical equipment in the national register, including the\nrenewal and cancellation of the registration;\n(o) matters relating to the classification, approval and sale of\nconsumer electrical equipment, the keeping of evidence and\ncertificates regarding standards;\n(p) matters relating to the declaration of a scheme as an external\ncertification scheme under section 36 including the imposition\nof conditions on, and the cancellation of, the declaration;\n(q) discipline of the holders of licences;\n(r) reviews and appeals of matters under this Act;\n(s) fees payable under this Act and the recovery of costs incurred\nby the Electrical Safety Regulator or the Board under this Act;\n\nElectrical Safety Act 2022 137\n(t) the imposition of charges for the carrying out of activities of a\ndistribution entity authorised under the Act;\n(u) matters of an administrative nature.\n(3) The regulations may:\n(a) provide that an offence against the regulations is an offence of\nstrict or absolute liability; and\n(b) prescribe a fine not exceeding 200 penalty units for an offence\nagainst the regulations, other than an offence of strict liability\nor absolute liability; and\n(c) prescribe a fine not exceeding 100 penalty units for an offence\nagainst the regulations that is an offence of strict liability or\nabsolute liability.\n(4) The regulations may apply, adopt or incorporate (with or without\nchanges) the whole or part of an Australian Standard or\nAustralian/New Zealand Standard, as in force or existing at a\nparticular time or from time to time.\n","sortOrder":248},{"sectionNumber":"Div 1","sectionType":"division","heading":"Repeal of Electrical Workers and Contractors","content":"Division 1 Repeal of Electrical Workers and Contractors\nAct 1978\n","sortOrder":249},{"sectionNumber":"254","sectionType":"section","heading":"Act repealed","content":"254 Act repealed\nThe Electrical Workers and Contractors Act 1978\n(Act No. 28, 1978) is repealed.\n","sortOrder":250},{"sectionNumber":"Div 2","sectionType":"division","heading":"Repeal of Electricity Reform (Safety and Technical)","content":"Division 2 Repeal of Electricity Reform (Safety and Technical)\nRegulations 2000\n","sortOrder":251},{"sectionNumber":"255","sectionType":"section","heading":"Regulations repealed","content":"255 Regulations repealed\nThe Electricity Reform (Safety and Technical) Regulations 2000\n(SL No. 47, 2000) are repealed.\n","sortOrder":252},{"sectionNumber":"256","sectionType":"section","heading":"Definitions","content":"256 Definitions\nIn this Part:\ncommencement means the commencement of section 254.\n\nElectrical Safety Act 2022 138\nformer Act means the Electrical Workers and Contractors\nAct 1978.\n","sortOrder":253},{"sectionNumber":"257","sectionType":"section","heading":"Licences under former Act","content":"257 Licences under former Act\nA licence issued under the former Act that is valid immediately\nbefore the commencement continues in effect after the\ncommencement as a licence under this Act in accordance with its\nterms and conditions.\n","sortOrder":254},{"sectionNumber":"258","sectionType":"section","heading":"Applications under former Act","content":"258 Applications under former Act\nAn application for a licence that was made but not determined\nunder the former Act before the commencement is to be\ndetermined by the Electrical Safety Regulator in accordance with\nthe former Act as if it were not repealed.\n","sortOrder":255},{"sectionNumber":"259","sectionType":"section","heading":"Electrical Safety Regulator","content":"259 Electrical Safety Regulator\n(1) The person holding office as the electricity safety regulator under\nthe Electricity Reform Act 2000 immediately before the\ncommencement is taken to be the Electrical Safety Regulator\nappointed under this Act.\n(2) Any acts done and matters under consideration by the Executive\nOfficer that were not determined under the former Act before the\ncommencement are to be determined by the Electrical Safety\nRegulator in accordance with the former Act as if it were not\nrepealed.\n","sortOrder":256},{"sectionNumber":"260","sectionType":"section","heading":"Electrical Workers and Contractors Board","content":"260 Electrical Workers and Contractors Board\n(1) The Electrical Workers and Contractors Board under the former Act\nis abolished on the commencement.\n(2) A member of the Electrical Workers and Contractors Board goes\nout of office on the commencement.\n(3) The Electrical Safety Board is the successor of the Electrical\nWorkers and Contractors Board and the assets and liabilities of the\nElectrical Workers and Contractors Board immediately before the\ncommencement are vested in the Electrical Safety Board.\n(4) Any acts done and matters under consideration by the Electrical\nWorkers and Contractors Board that were not determined under the\nformer Act before the commencement are to be determined by the\nElectrical Safety Board in accordance with the former Act as if it\nwere not repealed.\n\nElectrical Safety Act 2022 139\n","sortOrder":257},{"sectionNumber":"261","sectionType":"section","heading":"Authorised officers","content":"261 Authorised officers\n(1) A person holding office as an authorised officer assigned by the\nMinister to assist the electrical safety regulator under the Electricity\nReform Act 2000, immediately before the commencement, is taken\nto be an inspector appointed under this Act in accordance with the\nterms and conditions of their appointment.\n(2) An identity card issued to an inspector under the Electricity Reform\nAct 2000 and in force immediately before the commencement is\ntaken to be an identity card issued under this Act.\n","sortOrder":258},{"sectionNumber":"262","sectionType":"section","heading":"Appeals","content":"262 Appeals\n(1) An appeal of a decision of the Electrical Workers and Contractors\nBoard that was commenced but was not determined by the Local\nCourt under the former Act before the commencement is to\ncontinue and be determined in accordance with the former Act as if\nit were not repealed.\n(2) If a person had a right under the former Act, immediately before the\ncommencement, to appeal a decision of the Electrical Workers and\nContractors Board, the person's right to appeal is taken to be a right\nto apply under this Act for review by NTCAT.\n","sortOrder":259},{"sectionNumber":"263","sectionType":"section","heading":"Safety management and mitigation plan","content":"263 Safety management and mitigation plan\n(1) A safety management and mitigation plan that is a condition of a\nlicence of an electricity entity under the Electricity Reform Act 2000\nimmediately before the commencement is taken to be a safety\nmanagement and mitigation plan approved by the Electrical Safety\nRegulator under section 77 of this Act.\n(2) The dates for assessment and expiry of approval for a safety\nmanagement and mitigation plan referred to in subsection (1) after\nthe commencement are to be calculated from the days the plan was\nlast assessed and approved respectively.\n\nElectrical Safety Act 2022 140\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nElectrical Safety Act 2022 (Act No. 3, 2022)\nAssent date 14 April 2022\nCommenced 1 July 2024 (s 2(2))\nElectricity Legislation Amendment Act 2023 (Act No. 26, 2023)\nAssent date 1 November 2023\nCommenced pts 2 and 4: 1 July 2024 (s 2(2) and Gaz S54, 26 June 2024);\nrem: 2 November 2023 (s 2(1))\nAmending Legislation\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and\nOther Legislation Amendment Act 2022 (Act No. 28,\n2022) and Gaz S19, 22 March 2024);\npt 4: 25 March 2024 (s 2(4), s 2 Criminal Justice\nLegislation Amendment (Sexual Offences) Act 2023\n(Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\nJustice and Other Legislation Amendment Act 2024 (Act No. 4, 2024)\nAssent date 14 March 2024\nCommenced pt 5, div 1: 30 October 2023 (s 2(2));\npt 3, div 2: 25 March 2024 (s 2(3), s 2 Sentencing and Other\nLegislation Amendment Act 2022 (Act No. 28, 2022) and\nGaz S19, 22 March 2024); pt 4: 25 March 2024 (s 2(4), s 2\nCriminal Justice Legislation Amendment (Sexual Offences)\nAct 2023 (Act No. 20, 2023) and Gaz S20, 22 March 2024);\nrem: 15 March 2024 (s 2(1))\n\nElectrical Safety Act 2022 141\n3 LIST OF AMENDMENTS\ns 2 amd No. 26, 2023, s 17\ns 41 amd No. 26, 2023, s 18\ns 48 amd No. 26, 2023, s 19\ns 55 amd No. 4, 2024, s 90\ns 64 amd No. 4, 2024, s 91\ns 67 amd No. 4, 2024, s 92\ns 253 amd No. 26, 2023, s 20\ns 261 amd No. 4, 2024, s 93\ns 264 rep No. 3, 2022, s 264(5)\npt 12 hdg rep No. 3, 2022, s 302\ndiv 1 hdg rep No. 3, 2022, s 302\nss 265 – 266 rep No. 3, 2022, s 302\ndiv 2 hdg rep No. 3, 2022, s 302\nss 267 – 293 rep No. 3, 2022, s 302\ndiv 3 hdg rep No. 3, 2022, s 302\nss 294 – 295 rep No. 3, 2022, s 302\ndiv 4 hdg rep No. 3, 2022, s 302\nss 296 – 297 rep No. 3, 2022, s 302\ndiv 5 hdg rep No. 3, 2022, s 302\nss 298 – 301 rep No. 3, 2022, s 302\ndiv 6 hdg rep No. 3, 2022, s 302\ns 302 rep No. 3, 2022, s 302","sortOrder":260}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"This Act systematically broadened and modernised the Territory's electrical safety regime compared with the former Electrical Workers and Contractors Act 1978 (repealed by s 254). The new Act explicitly reaches further along the supply chain (designers, manufacturers, importers, suppliers — ss 25–29), adds consumer product controls (approval, marking, prohibitions and recall powers at ss 69–76, 195–203), requires mandatory safety management and mitigation plans for electricity entities with third‑party assessment and periodic review (ss 77–81), and creates a wider and more flexible enforcement toolkit (inspectors' powers, seizure, remedial action, enforceable undertakings, and expanded disciplinary processes — Parts 7–9, ss 215–221). These additions move the law beyond simply regulating electrical workers and contractors to a comprehensive regulatory regime covering electrical supply, equipment safety and systemic risk management."},"complexity_factors":["Length and density: the Act runs to over 260 sections (Parts 1–11) with detailed substantive and procedural provisions.","Large definitions section (s 3) introducing numerous defined terms that are referenced throughout (eg 'electrical equipment', 'electrical work', 'electric line', 'person conducting a business or undertaking').","Multiple classes of duty holders and overlapping duties (primary duty ss 23; designers, manufacturers, importers, suppliers, installers, repairers, owners, controllers, workers ss 24–36) with non‑transferable and concurrent duties (ss 19–21).","Three offence categories with differing mens rea and strict liability layers (category 1–3 offences at ss 43–45) and many strict liability or absolute liability fixtures across the Act.","Extensive administrative and enforcement architecture: Electrical Safety Regulator, Board, Discipline Committee, inspectors, and judicial/NTCAT review routes (ss 95–114, Part 6, ss 248–251).","Complex enforcement toolbox with conditional procedures and procedural safeguards — improvement notices, rectification directions, immediate suspensions, electrical safety directions, non‑disturbance notices, seizure/forfeiture, recalls and enforceable undertakings (ss 184–221, 139, 165–172, 199–203, 215–221).","Detailed entry, search and seizure powers with multiple exceptions for residential premises, Aboriginal land and emergencies (ss 149–158, 151, 153), plus rules about warrants, announcements and receipts (ss 156–158, 167).","Substantial regulatory delegation: many technical and procedural details, penalties and offences are left to regulations and codes (s 253; ss 191–194), requiring cross‑referencing to subordinate instruments.","Record‑keeping and retention obligations that create long time horizons (eg certificates retained by Regulator for 30 years, s 41(6)–(7)), creating long tail compliance and evidence issues.","Interlocking interactions with other regimes (Electricity Reform Act, Work Health and Safety legislation, Criminal Code and Utilities Commission frameworks) that require cross‑statutory interpretation (multiple cross‑references throughout, e.g. ss 18, 24, 83)."],"plain_english_summary":"**What this law does (mechanics first)\n\n- Establishes a single, comprehensive electrical safety regime for the Northern Territory. It:\n  - imposes duties on people and organisations who design, manufacture, import, supply, install, repair, own, operate or otherwise control electrical equipment and installations (see primary safety duty, s 23 and specific duties ss 24–36);\n  - creates licensing schemes for people who do or contract electrical work (electrical work licences, electrical contractor licences and in‑house licences at ss 49–52) and sets disciplinary processes for licence holders (Part 6);\n  - requires certificates of compliance for most electrical work and record retention (certificate rules at ss 41–42);\n  - requires electricity entities (generators, networks, distributors) to prepare, have independently assessed and keep current a safety management and mitigation plan, approved by the Electrical Safety Regulator (ss 77–81);\n  - sets reporting and site‑preservation obligations for serious or dangerous electrical events and gives inspectors powers to enter, inspect, seize, restrict access and take remedial action (event reporting ss 37–38; inspector powers ss 141–179; entry and seizure ss 149–173);\n  - creates enforcement tools and penalties including improvement notices, directions to rectify, immediate electrical safety directions, non‑disturbance notices, prohibitions on sale of unsafe consumer equipment, recall orders and enforceable undertakings (Parts 8–9, notably ss 184–212, ss 195–203, ss 215–221);\n  - establishes an Electrical Safety Regulator and Electrical Safety Board with advisory and decision‑making roles and provides for delegations, reviews and appeals (ss 95–105; review by NTCAT at s 251);\n  - gives the Minister power to issue ministerial notices and codes of practice specifying ways to discharge duties (ss 191–194) and the Administrator power to make regulations covering many technical matters (s 253).\n\nThe law's stated purpose\n\n- The Act's stated purposes are to prevent death and injury from electricity and to prevent property damage by electricity (s 16). It says those aims are achieved by imposing duties on those who can affect electrical safety, setting standards and licensing/discipline, giving the regulator enforcement powers, and enabling industry and community participation via the Board (s 16(1)–(2)).\n\nWho is affected (who pays, who decides, who changes behaviour)\n\n- Who pays (directly or indirectly): designers, manufacturers, importers and suppliers (testing, marking, recalls — ss 26–29, 195–203); electricity entities (prepare, assess and implement safety management plans; possible fines and remedial costs — ss 77–83, 212–213); electrical contractors and workers (licensing, certificates, record‑keeping and disciplinary exposure — Parts 3 and 6, s 41); owners/occupiers who control electrical equipment (duties to keep equipment safe and preserve incident sites — ss 31, 32, 38); retailers and suppliers (information obligations, marking/approval, and recall assistance — ss 69–76, 83, 203); persons required to comply with improvement notices or directions (ss 184–190). Courts and the Territory may also incur costs when enforcing or returning seized equipment.\n- Who decides: the Electrical Safety Regulator (approvals, enforcement decisions, guidance, and reviews — ss 95–101, 248–250), inspectors (on‑the‑ground powers including entry and directions — ss 141–169, 198), the Minister (ministerial notices and codes of practice — ss 191–194; recall orders on recommendation — s 199), the Electrical Safety Board/Discipline Committee (strategic advice and disciplinary action — ss 102–110, Part 6), and Courts/NTCAT for prosecutions, orders and appellate review (Parts 9 and 10).\n- Expected behaviour changes: businesses that design, make, import, supply or sell electrical products will need testing/marking and to stop supplying unapproved/unmarked items (ss 69–76); electricity entities will formalise risk management via documented, third‑party assessed safety plans (ss 77–81); contractors and workers must hold appropriate licences and provide certificates of compliance for work (ss 49–56, 41); people must report serious/dangerous electrical events immediately and preserve sites until inspectors act (ss 37–38); inspectors will exercise active compliance powers (ss 141–173).\n\nOfficial rationale tested against costs, incentives and trade‑offs\n\n- Claimed benefit: preventing deaths, injuries and property damage (s 16). Mechanically, the Act strengthens prevention by shifting obligations onto duty‑holders, mandating safety management systems for electricity entities and creating rapid reporting and inspector powers.\n\n- Compliance costs and incentives: the Act transfers operational and compliance costs onto private actors: manufacturers/importers must test and possibly recall products (ss 26–27, 199–203); electricity entities must fund plan preparation, third‑party assessments and ongoing reviews (ss 77–81); contractors face licensing, record‑keeping and certificate obligations (ss 41, 53); smaller businesses may face higher relative costs. Those costs create incentives to invest in safer design, testing and contractor oversight but also raise marginal costs of doing business (ss 14, 26–29).\n\n- Regulatory discretion and implementation risk: many core details are left to the Electrical Safety Regulator, Ministerial notices, codes of practice and regulations (see ss 95–101, 191–194, 253). That concentrates decision‑making power in the Regulator and Minister and creates implementation risk (variation in enforcement, guidance and approval times) and potential uncertainty for business until regulations and guidance are settled.\n\n- Enforcement design and private choice: the Act combines strict liability and fault‑based offences (category 1–3 offences at ss 43–45). Strict liability for many technical breaches can speed enforcement but increases legal exposure for businesses even where fault is limited (see strict liability notes in multiple offence provisions). The availability of enforceable undertakings (ss 215–221) provides a regulatory alternative to prosecution for non‑category‑1 matters, which may reduce court costs but gives the Regulator negotiation leverage.\n\n- Concentrated benefits and costs: the regulatory tools (recalls, prohibitions, seizure) concentrate protective benefits on consumers and the public at large, while the direct financial and administrative costs are concentrated on suppliers, manufacturers, electricity entities and contractors (ss 195–203, 212–213).\n\n- Interaction with other regimes and substitution effects: licence recognition for interstate equivalents (s 64) reduces barriers to trade in labour, but the Act also requires local approvals and certificates (s 41) which can create duplication with other jurisdictions until mutual arrangements and regulations are clear (s 64, s 253).\n\nKey practical effects and compliance items to note (with sections):\n- Primary duty on businesses/undertakings to ensure safety from electrical risk (s 23).\n- Detailed duty categories: designers, manufacturers, importers, suppliers, installers, repairers, owners/operators and workers (ss 24–36).\n- Mandatory certificates of compliance after most electrical work; retention periods and exemptions (ss 41–42).\n- Reporting and site preservation obligations for serious and dangerous electrical events (ss 37–38).\n- Licensing and registration requirements, apprenticeship/trainee pathways and interstate recognition (Parts 3, ss 62–64).\n- Safety management and mitigation plans for electricity entities with third‑party assessment and periodic review (ss 77–81).\n- Strong inspector powers including entry, search warrants, seizure, disconnection and remedial action (ss 149–173, 164, 165, 212–213).\n- Enforcement toolbox: improvement notices, rectification directions, ministerial notices, prohibitions, electrical safety directions, recall orders, non‑disturbance notices, remedial action and enforceable undertakings (ss 184–221).\n- Penalties: a ladder of offences from strict liability breaches to indictable, multi‑thousand penalty unit sanctions and imprisonment for serious reckless conduct (ss 43–48).\n\nCosts, incentives, trade‑offs and likely friction points (implementation risk):\n- Administrative and compliance costs will be significant for electricity entities, manufacturers/importers and electrical contractors (ss 26–29, 77–81, Parts 3). Preparing safety management plans, undergoing third‑party assessments and retaining certificates for long periods (up to 30 years in some cases, s 41(6)) are material commitments.\n- The Act delegates many technical and procedural details to regulations, the Regulator and the Minister (ss 191–194, 253). Until regulations and guidance are finalised, businesses face regulatory uncertainty and potential administrative delays.\n- Strict liability provisions and record‑retention rules increase exposure for businesses but simplify enforcement (see multiple strict liability notes across offence provisions).\n- Inspectors have broad on‑site powers (including entry to residential premises in specified circumstances, s 151), which speeds response but raises privacy and operational concerns; compensation and limits on damage are included (ss 174–176).\n\nBottom line (neutral summary):\n- This Act creates a broad, prescriptive safety regime that reassigns many duties to private actors across the electrical supply and equipment chain, centralises enforcement and approvals in an Electrical Safety Regulator and Board, and equips inspectors and courts with robust tools (s 95 et seq., Parts 7–9). It increases regulatory obligations and potential penalties in exchange for more direct regulatory levers to prevent harm from electricity (s 16). Businesses that design, supply, install or maintain electrical equipment — and electricity entities themselves — should expect increased compliance activity, record‑keeping and the need to engage with the Regulator on technical rules and approvals (see ss 41, 77, 253)."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":711},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purposes in section 16 — preventing death, injury and property damage from electricity. The scope covers the expected areas: licensing of workers and contractors, safety duties across the supply chain, consumer equipment safety, electricity network safety, and enforcement mechanisms. No significant scope creep is evident; the detailed provisions align with the core objectives."},"complexity_factors":["253 sections across 11 Parts with extensive cross-referencing","47 defined terms in the interpretation section (section 3)","Nested conditional logic throughout — e.g., section 9 defines 'electrical work' with 13 sub-exceptions, each with their own examples","Multiple overlapping duty holders with concurrent responsibilities (sections 19-22)","Three-tier offence structure (Category 1, 2, 3) with different fault elements and penalty scales","Extensive procedural requirements for licensing, disciplinary hearings, and enforcement with strict time limits","Complex transitional arrangements preserving rights and appointments from repealed legislation","Multiple review pathways — internal review by Regulator, then NTCAT, with different rules for different decisions"],"plain_english_summary":"This law is the Northern Territory’s comprehensive electrical safety framework: it imposes non-transferable safety duties across the electrical supply chain, creates licences for workers and businesses, sets up an independent Electrical Safety Regulator and an advisory/disciplinary Board, and requires network safety plans. Inspectors get strong enforcement powers and the regime includes heavy criminal and corporate penalties plus product approval and recall powers.\n\nIt affects electricians, contractors, employers, network operators, manufacturers, property owners and the public to prevent death, injury and property damage."}},"importantCases":[],"_links":{"self":"/api/acts/electrical-safety-act-2022","history":"/api/acts/electrical-safety-act-2022/history","analysis":"/api/acts/electrical-safety-act-2022/analysis","conflicts":"/api/acts/electrical-safety-act-2022/conflicts","importantCases":"/api/acts/electrical-safety-act-2022/important-cases","documents":"/api/acts/electrical-safety-act-2022/documents"}}