{"id":"electricity-safety-act-1998","name":"Electricity Safety Act 1998","slug":"electricity-safety-act-1998","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":178796,"registerId":"vic-electricity-safety-act-1998-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Subdiv 3","sectionType":"subdivision","heading":"Acceptance and validation of bushfire mitigation plans 123","content":"Subdivision 3—Acceptance and validation of bushfire mitigation plans 123\n\n83BC Validation of bushfire mitigation plans and revised bushfire mitigation plans 123\n\n83BD Additional information 124\n\n83BE Acceptance of bushfire mitigation plans and revised bushfire mitigation plans 124\n\n83BF Provisional acceptance of bushfire mitigation plan or revised bushfire mitigation plan 126\n\n83BG Non-acceptance of bushfire mitigation plan or revised bushfire mitigation plan 127\n\n83BH Energy Safe Victoria may determine bushfire mitigation plan 128\n\n83BJ Compliance audits for accepted bushfire mitigation plans—independent audits 129\n\n83BK Compliance audits—Energy Safe Victoria 130\n\nDivision 2—Responsibility for maintenance of lines 130\n\nSubdivision 1—Persons responsible for maintaining lines 130\n\n84 Requirement to keep trees clear of electric lines—distribution companies 130\n\n84A Requirement to maintain line—occupiers of land with private or low voltage electric lines 130\n\n84B Requirement to keep trees clear of private electric lines—occupiers of contiguous land 131\n\n84C Requirement to keep trees clear of electric lines—Councils 131\n\n84D Requirement to keep trees clear of electric lines—other persons 131\n\nSubdivision 2—Other matters 132\n\n85 Exercise of powers with respect to lines 132\n\n86 Failure to maintain lines 133\n\n86A Energy Safe Victoria may give directions for restriction or prevention of tree growth 137\n\nDivision 2A—Electric lines and municipal emergency management plans 139\n\n86B Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines 139\n\nDivision 3—Publication of, and offences against, Code 140\n\n89 Procedure for Code 141\n\n90 Offences against Code 141\n\nDivision 4—Compliance audits in relation to compliance with the Code 142\n\n90A Compliance audits in relation to compliance with Code—Energy Safe Victoria 142\n\n90B Compliance audits in relation to compliance with Code—independent audits 142\n\nDivision 5—Compliance audits in relation to compliance with the management plan 143\n\n90C Application 143\n\n90D Compliance audits for management plans—Energy Safe Victoria 143\n\n90E Compliance audits for management plans—independent audits 144\n\nPart 9—Cathodic protection and mitigation of stray current corrosion 145\n\n93 Operation of cathodic protection systems 145\n\n93A Evidentiary provision—operation of cathodic protection systems 146\n\n94 Railway operator—duty in relation to stray electrical current leakage 146\n\n95 Mitigation systems 147\n\n96 Directions of Energy Safe Victoria 147\n\n97 Costs in relation to mitigation systems 148\n\nPart 10—Electricity safety management 151\n\nDivision 1—General duty of major electricity companies 151\n\n98 General duty of major electricity companies 151\n\nDivision 2—Mandatory electricity safety management schemes (major electricity companies) 152\n\n99 Electricity safety management scheme 152\n\n100 Validation of electricity safety management scheme for a supply network 154\n\n101 Additional information 155\n\n102 Acceptance of electricity safety management scheme 155\n\n103 Provisional acceptance of electricity safety management scheme 156\n\n104 Non-acceptance of electricity safety management scheme 157\n\n105 Energy Safe Victoria may determine electricity safety management scheme 157\n\n106 Compliance with electricity safety management scheme 159\n\n107 Revision of electricity safety management scheme—change 160\n\n108 Revision of electricity safety management scheme—every 5 years 161\n\n109 Energy Safe Victoria may request submission of a revised electricity safety management scheme 162\n\n110 Offence to fail to submit revised electricity safety management scheme on request 163\n\n111 Application of provisions to revised electricity safety management scheme 164\n\n112 Revisions that do not relate to bushfire mitigation 164\n\n113 Compliance with electricity safety management scheme is a defence 164\n\nDivision 2A—Ongoing bushfire mitigation plan requirements for major electricity companies 165\n\n113A Submission of bushfire mitigation plans for acceptance 165\n\n113B Compliance with bushfire mitigation plan 167\n\n113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 169\n\n113D Accepted bushfire mitigation plan forms part of accepted ESMS 169\n\n113E Revisions that only relate to bushfire mitigation 170\n\n113F Inspection of overhead private electric lines 170\n\nDivision 2B—Requirements for declared owners and operators 171\n\n113G General duty of declared owners and operators 171\n\n113H Mandatory electricity safety management schemes for declared owners and operators 172\n\n113I Ongoing bushfire mitigation plan requirements for declared owners and operators 172\n\n113J Energy Safe Victoria may exempt declared owners and operators from certain requirements 173\n\nDivision 3—Voluntary electricity safety management schemes 173\n\n114 Electricity safety management scheme for employers of electrical workers 173\n\n115 Electricity safety management scheme for specified premises 175\n\n116 Electricity safety management scheme for owner or operator of complex electrical installation 176\n\n117 Exemption from certain provisions of Act or regulations 177\n\n118 Compliance with electricity safety management scheme 178\n\n119 Revision of voluntary electricity safety management scheme—every 5 years 179\n\n120 Revision of voluntary electricity safety management scheme—change 180\n\n120A Energy Safe Victoria may request submission of revised electricity safety management scheme 181\n\n120B Compliance with request 182\n\n120C Lapsing of electricity safety management scheme 182\n\n120D Duty of employer of electrical workers 183\n\n120E Duty of occupier of specified premises 183\n\n120G Compliance with electricity safety management scheme is a defence 184\n\nDivision 4—Other matters 184\n\n120GA Accepted ESMS does not authorise certain electrical linework 184\n\n120H Compliance audits—independent audits 185\n\n120I Compliance audits—Energy Safe Victoria 186\n\n120J Annual fees 186\n\nPart 10A—Additional bushfire mitigation requirements for major electricity companies 187\n\nDivision 1—Preliminary 187\n\n120K Definitions 187\n\n120L Meaning of *complying substation* 188\n\nDivision 2—Additional bushfire mitigation duties 189\n\n120M Polyphase electric lines with required capacity 189\n\n120N Covering or placing underground electric lines 191\n\n120O Installation of Automatic Circuit Recloser for SWER lines 192\n\n120P Annual compliance reports 192\n\n120Q Independent audits 194\n\nDivision 3—Enforcement of additional bushfire mitigation duties 195\n\n120R Proceedings 195\n\n120S Criminal proceedings do not lie 196\n\n120T Proceedings for contravention of civil penalty provisions 196\n\n120U Pecuniary penalties to be paid into the Consolidated Fund 198\n\n120V Declaratory relief 198\n\nDivision 4—Miscellaneous 199\n\n120W Exemptions 199\n\n120X Specification of later dates and periods for compliance with civil penalty provisions 199\n\n120Y Information notices 200\n\n120Z Audit by Energy Safe Victoria 201\n\nPart 11—Authorised officers and powers 202\n\nDivision 1—Appointment of authorised officers 202\n\n121 Authorised officers 202\n\nDivision 2—Powers of entry—general 204\n\n122 Powers of entry—compliance 204\n\n123 Occupier to be given copy of consent 206\n\n124 Emergency access 206\n\n125 Powers on entry 207\n\n126 Return of things seized 208\n\n127 Magistrates' Court may extend period 209\n\n128 Entry to be reported to Energy Safe Victoria 209\n\nDivision 3—Powers of entry—enforcement 210\n\n129 Powers of entry—enforcement 210\n\n130 Occupier to be given copy of acknowledgement 212\n\n130A Warrant for entry of land or premises if risk to persons or property 212\n\n131 Search warrant 214\n\n132 Announcement before entry 215\n\n133 Copy of warrant to be given to occupier 216\n\nDivision 4—General 216\n\n134 Power of authorised officer to require information or documents 216\n\n135 Offence to give false information to authorised officer 217\n\n136 Copying of documents 218\n\n137 Protection against self-incrimination 218\n\n138 Offence to obstruct authorised officer 218\n\n138A Persons assisting authorised officer 218\n\n139 Police to assist authorised officers 219\n\n140 Impersonation of authorised officer 220\n\nPart 11A—Infringement notices 221\n\n140A Definition 221\n\n140B Power to serve a notice 221\n\n140D Infringement penalties 222\n\nPart 12—General 223\n\nDivision 1—Directions 223\n\n141 Chairperson of Energy Safe Victoria may give directions 223\n\n141A Additional powers in emergencies 225\n\n141AB Information notices 226\n\n141AC Chairperson of Energy Safe Victoria may give directions to preserve, retain or store 227\n\n141B Delegation by Chairperson of Energy Safe Victoria 228\n\n141C Notification to Minister 229\n\nDivision 1A—Enforceable undertakings 229\n\n141D Energy Safe Victoria may accept written undertakings 229\n\n141E Enforcement of written undertakings 230\n\nDivision 1B—Injunctions 231\n\n141F Injunctions 231\n\n141G Consent injunctions 234\n\n141H Interim injunctions 234\n\n141I Variation and discharge of injunctions 234\n\n141J Injunction may be granted during offence proceedings 234\n\n141K Undertakings as to damages and costs 234\n\nDivision 2—Reporting of serious electrical incidents 235\n\n142 Notification of serious electrical incidents 235\n\n142A Preservation of serious electrical incident sites 236\n\nDivision 3—Improvement and prohibition notices 237\n\n143 Chairperson of Energy Safe Victoria or authorised officer may issue improvement notice 237\n\n144 Offence not to comply with improvement notice 238\n\n144A Issue of prohibition notice 238\n\n144B Offence not to comply with prohibition notice 239\n\n144C Proceedings for offences not affected by notices 240\n\n145 Notices may include directions 240\n\nDivision 4—Other matters 240\n\n145A Offences under Part 8 240\n\n146 Offences by bodies corporate 240\n\n147 Offences by partnerships or unincorporated associations 241\n\n148 False or misleading information 242\n\n148A When proceedings for offences may be commenced 242\n\n148B Adverse publicity orders 243\n\nPart 13—Regulations 245\n\n149 Supply safety 245\n\n149A Reliability and security of electricity supply 245\n\n150 Safety management schemes 245\n\n151 Electric line clearance 246\n\n151A Bushfire mitigation 248\n\n152 Installation safety 248\n\n153 Electrical equipment 249\n\n154 Equipment efficiency regulations 252\n\n155 Cathodic protection and stray current corrosion regulations 253\n\n156 Electrical contractors and electrical workers 255\n\n157 General regulation making powers 256\n\n158 Disallowance of regulations 258\n\nPart 14—Transitional provisions and consequential amendments 259\n\n160 Transitional provisions—electrical contractors and mechanics 259\n\n161 Transitional provision—electrical equipment 259\n\n162 Transitional provision—urban area 260\n\n162A Making of certain statutory rules 260\n\n163 Transitional provisions—abolition of the Electrical Appeals Board 261\n\n164 Transitional provisions—Electricity Safety Amendment Act 2007 261\n\n165 Savings provision—proclaimed electrical equipment 262\n\n166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 263\n\n167 Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018 263\n\n168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected 266\n\n169 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers 267\n\n170 Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025 268\n\n171 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025 269\n\nSchedule 1—Transitional provisions 270\n\nEndnotes 274\n\n1 General information 274\n\n2 Table of Amendments 276\n\n3 Explanatory details 283\n\n**Version No.** **088**\n\n**Electricity Safety Act 1998**\n\n**No. 25 of 1998**\n\nVersion incorporating amendments as at  \n\n**The Parliament of Victoria enacts as follows:**\n\n","sortOrder":0},{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n\nS. 1 substituted by No. 55/2010 s. 12.\n\n","sortOrder":1},{"sectionNumber":"1","sectionType":"section","heading":"Purpose","content":"\t1 Purpose\n\nThe purpose of this Act is to make further provision relating to—\n\n(a) the safety of electricity supply and use; and\n\n(b) the reliability and security of electricity supply; and\n\n(c) the efficiency of electrical equipment.\n\n","sortOrder":2},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"\t2 Commencement\n\n(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.\n\n(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.\n\n(3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999 it comes into operation on that day.\n\n","sortOrder":3},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\nIn this Act—\n\nS. 3 def. of *accepted bushfire mitigation plan* inserted by No. 55/2010 s. 13(3), amended by No. 13/2025 s. 3(1).\n\n***accepted bushfire mitigation plan*** means—\n\n(a) a bushfire mitigation plan accepted by Energy Safe Victoria under Subdivision 3 of Division 1A of Part 8 and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Subdivision; or\n\n(ab) if a revised bushfire mitigation plan submitted under section 83BBA or 83BBB has been accepted or provisionally accepted under Subdivision 3 of Division 1A of Part 8, that revised bushfire mitigation plan; or\n\n(b) a bushfire mitigation plan accepted by Energy Safe Victoria under Division 2A of Part 10 (and taken to form part of an accepted ESMS by operation of section 113D) and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Division;\n\nS. 3 def. of *accepted electricity safety management scheme* amended by No. 89/1998 s. 6(b), repealed by No. 61/2007 s. 4(3).\n\nS. 3 def. of *accepted electricity safety manager* inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3).\n\nS. 3 def. of *accepted ESMS* inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)).\n\n***accepted ESMS*** means—\n\n(a) an electricity safety management scheme that has been accepted or provisionally accepted under Division 2 or 3 of Part 10; or\n\n(b) if a revised electricity safety management scheme has been accepted or provisionally accepted under Division 2 or 3 of Part 10, that revised electricity safety management scheme—\n\nbut does not include an electricity safety management scheme that has lapsed under Division 3 of Part 10;\n\nS. 3 def. of *accepted ESMS* *operator* inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)), amended by No. 22/2023 s. 3(b).\n\n***accepted ESMS operator*** means—\n\n(a) a major electricity company whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or\n\n(ab) a declared owner or operator whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or\n\n(b) a voluntary ESMS operator;\n\nS. 3 def. of *authorised officer* inserted by No. 13/2025 s. 53(Sch. 1 item 1(a)).\n\n***authorised officer*** means a person appointed as an authorised officer under Part 11;\n\nS. 3 def. of *bushfire mitigation plan* inserted by No. 55/2010 s. 13(3), amended by Nos 22/2023 s. 3(c), 13/2025 s. 3(2).\n\n***bushfire mitigation plan*** means a plan referred to in section 83BA(1), 83BBA(1), 83BBB(1) or 113A(1) or (1A);\n\n***business day*** means a day other than a Saturday or Sunday or a public holiday appointed under the **Public Holidays Act 1993**;\n\n***cathodic protection system*** means a prescribed system designed to use direct electric current to protect metallic structures from corrosion;\n\nS. 3 def. of *certificate of compliance* inserted by No. 61/2007 s. 13(1).\n\n***certificate of compliance*** means a certificate of compliance completed under section 44 for electrical installation work carried out by a licensed electrical installation worker;\n\nS. 3 def. of *certificate of inspection* inserted by No. 61/2007 s. 13(1).\n\n***certificate of inspection*** means a certificate of inspection of electrical installation work carried out by a licensed electrical inspector under section 45;\n\nS. 3 def. of *Chairperson of Energy Safe Victoria* inserted by No. 4/2020 s. 11(3).\n\n***Chairperson of Energy Safe Victoria*** means the Chairperson within the meaning of  the **Energy Safe Victoria Act 2005**;\n\nS. 3 def. of *Chief Executive Officer of Energy Safe Victoria* inserted by No. 4/2020 s. 11(3).\n\n***Chief Executive Officer of Energy Safe Victoria*** means the Chief Executive Officer within the meaning of the **Energy Safe Victoria Act 2005**;\n\n***Code*** means the Code of Practice for Electric Line Clearance prescribed for the purpose of Part 8;\n\nS. 3 new def. of *Committee* inserted by No. 55/2010 s. 37(1)(b), amended by Nos 46/2014 s. 8, 13/2025 s. 13(2), repealed by No. 13/2025 s. 14.\n\n***company assets*** means property of an electricity supplier, being the whole or part of any pole, cable, conduit, conductor, device, appliance or other thing used for or in connection with a private electric line;\n\nS. 3 def. of *complex electrical installation* inserted by No. 57/2009 s. 4(a).\n\n***complex electrical installation*** means an electrical installation that—\n\n(a) has an installed generation capacity of equal to or greater than 1000 kVA; or\n\n(b) is an electric line that is on land that is not owned or leased by the owner or operator of the electric line;\n\nS. 3 def. of *Committee* repealed by No. 55/2010 s. 37(1)(a).\n\n***connect***, in relation to an electrical installation or electrical equipment, includes make capable of receiving an electric current;\n\nS. 3 def. of *Council* inserted by No. 2/2014 s. 4(a), amended by No. 9/2020 s. 390(Sch. 1 item 32).\n\n***Council*** has the same meaning as in the **Local Government Act 2020**;\n\nS. 3 def. of *decision* inserted by No. 24/2002 s. 3.\n\n***decision*** for the purposes of Part 6 includes prohibition, requirement or direction;\n\nS. 3 def. of *declared installation* inserted by No. 22/2023 s. 3(a).\n\n***declared installation***, in relation to a declared owner or operator, means the electrical installation or the part of an electrical installation specified in a declaration made under section 3B in respect of that owner or operator;\n\nS. 3 def. of *declared owner or operator* inserted by No. 22/2023 s. 3(a).\n\n***declared owner or operator*** means an owner or operator of an electrical installation in respect of whom a declaration is made under section 3B;\n\nS. 3 def. of *Director* inserted by No. 39/2005 s. 44(1), repealed by No. 4/2020 s. 11(1).\n\nS. 3 def. of *distribution area* amended by Nos 69/2000 s. 21(a), 55/2010 s. 13(1).\n\n***distribution area*** means an area in which a distribution company under a distribution licence under the **Electricity Industry Act 2000** is authorised to distribute electricity;\n\nS. 3 def. of *distribution company* amended by No. 69/2000 s. 21(b).\n\n***distribution company*** has the same meaning as in the **Electricity Industry Act 2000**;\n\n***electric line*** means—\n\n(a) the whole or any part of a wire, cable or other thing used or to be used for the purpose of transmitting, distributing or supplying electricity; or\n\n(b) any thing enclosing or supporting such a wire, cable or other thing—\n\nbut does not include a wire, cable or other thing directly used in converting electrical energy into another form of energy;\n\n***electrical connection work*** means connecting or disconnecting electrical equipment to or from a supply of electricity;\n\n***electrical contracting*** means contracting or undertaking to carry out electrical installation work;\n\n***electrical contractor*** means a person who carries out electrical contracting;\n\n***electrical equipment*** means any appliance, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to generate, use, convey or control) electricity;\n\n***electrical equipment work*** means repair, alteration or maintenance of electrical equipment;\n\nS. 3 def. of *electrical inspection work* amended by No. 4/2020 s. 10.\n\n***electrical inspection work*** means testing, inspection or certification of an electrical installation or other electrical equipment;\n\nS. 3 def. of *electrical installation* amended by Nos 57/2009 s. 4(b), 4/2020 s. 3(2).\n\n***electrical installation*** means electrical equipment that is fixed or to be fixed in, on, under or over any land but does not include a part of a supply network—\n\n(a) of a railway; or\n\n(b) owned or operated by a major electricity company;\n\n***electrical installation work*** means installation, alteration, repair or maintenance of an electrical installation;\n\n***electrical installation worker*** means a person who carries out electrical installation work;\n\nS. 3 def. of *electrical linework* inserted by No. 4/2020 s. 3(1).\n\n***electrical linework*** means construction, alteration, repair, maintenance, or disassembly of a part of a supply network;\n\nS. 3 def. of *electrical lineworker* inserted by No. 4/2020 s. 3(1).\n\n***electrical lineworker*** means a person who carries out electrical linework;\n\nS. 3 def. of *electrical work* substituted by No. 4/2020 s. 3(3).\n\n***electrical work*** means—\n\n(a) electrical connection work; or\n\n(b) electrical equipment work; or\n\n(c) electrical inspection work; or\n\n(d) electrical installation work; or\n\n(e) electrical linework;\n\n***electrical worker*** means a person who carries out electrical work;\n\n***electricity supplier*** means a person who supplies electricity to another person;\n\nS. 3 def. of *energy efficiency electrical equipment* inserted by No. 57/2009 s. 4(a).\n\n***energy efficiency electrical equipment*** means electrical equipment that is prescribed as energy efficiency electrical equipment for the purposes of Part 5;\n\nS. 3 def. of *Energy Safe Victoria* inserted by No. 39/2005 s. 44(1), substituted by No. 4/2020 s. 11(2).\n\n***Energy Safe Victoria***  has the same meaning as it has in the **Energy Safe Victoria Act 2005**;\n\nS. 3 def. of *enforcement officer* repealed by No. 13/2025 s. 53(Sch. 1 item 1(b)).\n\nS. 3 def. of *fire control authority* amended by Nos 20/2019 s. 163, 22/2023 s. 3(d).\n\n***fire control authority***, in relation to an area of land, means—\n\n(a) Fire Rescue Victoria, if the area is within the Fire Rescue Victoria fire district within the meaning of the **Fire Rescue Victoria Act 1958**; or\n\n(b) the Secretary to the Department of Energy, Environment and Climate Action, if the area is within a fire protected area within the meaning of the **Forests Act 1958**; or\n\n(c) the Country Fire Authority, if the area is within the country area of Victoria within the meaning of the **Country Fire Authority Act 1958**;\n\nS. 3 def. of *hazardous bushfire risk area* inserted by No. 55/2010 s. 13(3).\n\n***hazardous bushfire risk area*** means an area—\n\n(a) to which a fire authority has assigned a fire hazard rating of  \"high\" under section 80, whether or not the area is an urban area; or\n\n(b) that is not an urban area (other than an area a fire control authority has assigned a fire hazard rating of  \"low\" under section 80);\n\nS. 3 def. of *Head, Transport for Victoria* inserted by No. 49/2019 s. 186(Sch. 4 item 16.1).\n\n***Head, Transport for Victoria*** has the same meaning as in section 3 of the **Transport Integration Act 2010**;\n\n***high voltage electric line*** means an electric line other than a low voltage electric line;\n\n***install*** includes lay and place;\n\n***low voltage electric line*** means an electric line which is ordinarily operated at a voltage not exceeding the voltage prescribed for the purposes of this definition;\n\n***maintenance***, in Part 8, in relation to an electric line or a private electric line, includes the keeping of the whole or any part of a tree clear of the line;\n\nS. 3 def. of *major electricity company* inserted by No. 57/2009 s. 4(a).\n\n***major electricity company*** means—\n\n(a) a distribution company; or\n\n(b) a transmission company—\n\nbut does not include a distribution company or a transmission company, or a class of distribution company or transmission company, declared under section 3A not to be a major electricity company;\n\nS. 3 def. of *member* repealed by No. 13/2025 s. 13(1).\n\n***mitigation system*** means a prescribed system designed to reduce the effects on metallic structures of the leakage of stray electrical currents;\n\nS. 3 def. of *network operator* amended by No. 61/2007 s. 12(1), repealed by No. 57/2009 s. 4(e).\n\n***occupier***, in Part 8 or 11, in relation to land, means a person who is in actual occupation of the land or, if no-one is in actual occupation of the land, the owner of the land;\n\nS. 3 def. of *Office* repealed by No. 39/2005 s. 44(2).\n\nS. 3 def. of *officer* amended by No. 44/2001 s. 3(Sch. item 36).\n\n***officer***, in relation to a corporation, has the same meaning as in section 9 of the Corporations Act;\n\n***person***, in Part 8, includes an unincorporated body or association and a partnership;\n\n***point of supply***—\n\n(a) in relation to a low voltage electric line, means—\n\n(i) in the case of an underground line (unless subparagraph (iii) applies), the point at which that line crosses the boundary of the land; and\n\n(ii) in the case of an overhead line (unless subparagraph (iii) applies), the first point of connection of that line on the land, being either—\n\n(A) if the line is carried onto the land by one or more poles, the first pole on the land carrying that line;\n\n(B) if the line is connected directly to premises on the land, that connection to the premises; or\n\n(C) if it is not possible to determine a point of supply in accordance with sub-subparagraph (A) or (B), the point at which the line crosses the boundary of the land; and\n\n(iii) in the case of a line connected to company assets, the point at which the line is connected to the company assets; and\n\n(b) in relation to a high voltage electric line, means the point agreed between the relevant distribution company or the relevant transmission company and the customer supplied by that electric line;\n\nS. 3 def. of *practicable* inserted by No. 33/2005 s. 3(1), amended by Nos 57/2009 s. 4(c), 55/2010 s. 13(2), 13/2025 s. 45.\n\n***practicable***, in section 75 or 83B or Part 10, means practicable having regard to—\n\n(a) the severity of the hazard or risk in question; and\n\n(b) the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and\n\n(c) the availability and suitability of ways to remove or mitigate the hazard or risk; and\n\n(d) the cost of removing or mitigating the hazard or risk;\n\n***private electric line*** means any low voltage electric line used to take electricity from the point of supply, whether or not that line is vested in an electricity supplier;\n\nS. 3 def. of *public land* amended by No. 2/2014 s. 4(b).\n\n***public land***, in Division 4 of Part 3 and Part 8, means—\n\n(a) Crown land; or\n\n(b) land vested in a Minister of the Crown; or\n\n(c) land vested in a public statutory authority or Council; or\n\n(d) land (whether privately or publicly owned) used for public purposes;\n\nS. 3 def. of *railway or tramway system* substituted as *railway* by No. 61/2007 s. 12(2), substituted by Nos 22/2013 s. 56, 41/2019 s. 117(Sch. 1 item 4).\n\n***railway*** has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);\n\nS. 3 def. of *rectification notice* inserted by No. 61/2007 s. 13(1).\n\n***rectification notice*** means a notice given under section 45AB;\n\nS. 3 def. of *relevant function* inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3).\n\n **** * * * ****\n\nS. 3 def. of *responsible person* amended by No. 2/2014 s. 4(c).\n\n***responsible person***, in Part 8, means a person responsible under Subdivision 1 of Division 2 of Part 8 for the maintenance of a private electric line or for the keeping of the whole or any part of a tree clear of an electric line;\n\n***rural area***, in Part 8,  means an area that is not an urban area;\n\n***serious electrical incident*** means an incident involving electricity which causes or has the potential to cause—\n\n(a) the death of or injury to a person; or\n\n(b) significant damage to property; or\n\n(c) a serious risk to public safety;\n\nS. 3 def. of *specified bushfire risk period* inserted by No. 55/2010 s. 13(3).\n\n***specified bushfire risk period*** means the period commencing 1 November and ending 31 March the following year;\n\nS. 3 def. of *supply* substituted by No. 43/2018 s. 4.\n\n***supply*** includes supply (including re-supply) by—\n\n(a) sale or an arrangement, exchange, lease, hire or hire-purchase; or\n\n(b) causing or permitting to be sold;\n\nS. 3 def. of *supply network* amended by No. 57/2009 s. 4(d).\n\n***supply network*** means a network consisting of electric lines, substations, circuits and any other thing required for the purposes of the transmission, distribution or supply of electricity;\n\nS. 3 def. of *transmission company* inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)).\n\n***transmission company*** has the same meaning as in the **Electricity Industry Act 2000**;\n\nS. 3 def. of *tree*  \ninserted by No. 38/2000 s. 15.\n\n***tree*** includes vegetation;\n\nS. 3 def. of *Tribunal* inserted by No. 24/2002 s. 3.\n\n***Tribunal*** means the Victorian Civil and Administrative Tribunal established by the **Victorian Civil and Administrative Tribunal Act 1998**;\n\nS. 3 def. of *upstream network* repealed by No. 57/2009 s. 4(f).\n\nS. 3 def. of *urban area* amended by Nos 40/2003 s. 26, 2/2014 s. 4(d).\n\n***urban area***, in Part 8,  means an area of land that is predominantly—\n\n(a) subdivided into allotments or lots each of which, in the case of land used or to be used for residential purposes, is not greater than 0·1 hectares; and\n\n(b) able to be used or developed under a planning scheme for residential, industrial or commercial purposes; and\n\n(c) provided with constructed streets and services; and\n\n(d) provided with street lighting installed at not less than 3 lanterns in every 500 metres—\n\nand includes any other area for the time being specified in a notice under section 79 but does not include an area to which a fire control authority has for the time being assigned a fire hazard rating of \"high\" under section 80.\n\nS. 3 def. of *voluntary ESMS operator* inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)), amended by No. 55/2010 s. 37(1)(c).\n\n***voluntary ESMS operator*** means a person whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 3 of Part 10.\n\nS. 3A inserted by No. 61/2007 s. 5 (as amended by No. 57/2009 s. 14).\n\n","sortOrder":4},{"sectionNumber":"3A","sectionType":"section","heading":"Declaration of certain distribution companies or transmission companies not to be major electricity companies","content":"\t3A Declaration of certain distribution companies or transmission companies not to be major electricity companies\n\nThe Governor in Council, by Order published in the Government Gazette, may declare—\n\n(a) a distribution company or a class of distribution company; or\n\n(b) a transmission company or a class of transmission company—\n\nnot to be a major electricity company for the purposes of this Act or any part of this Act.\n\nS. 3B inserted by No. 22/2023 s. 4.\n\n","sortOrder":5},{"sectionNumber":"3B","sectionType":"section","heading":"Declaration of certain owners and operators of electrical installations","content":"\t3B Declaration of certain owners and operators of electrical installations\n\nThe Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may declare for the purposes of this Act that  an owner or operator of an electrical installation, or a class of owner or operator of an electrical installation, is the declared owner or operator in respect of any electrical installation, or any part of an electrical installation, specified in the Order.\n\n","sortOrder":6},{"sectionNumber":"4","sectionType":"section","heading":"Exemptions","content":"\t4 Exemptions\n\nS. 4(1) amended by No. 69/2000 s. 22(1).\n\n(1) The Governor in Council, by Order published in the Government Gazette, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order—\n\n(a) do not have effect in relation to specified electrical contractors or electrical workers, or a class of electrical contractors or electrical workers, or do not have effect to such extent as is specified; or\n\n(b) do not have effect in relation to specified electrical equipment or a class of equipment or do not have effect to such extent as is specified; or\n\n(c) do not have effect in relation to specified electrical work or a class of electrical work or do not have effect to such extent as is specified; or\n\nS. 4(1)(d) amended by No. 38/2000 s. 16.\n\n(d) do not have effect in relation to a specified responsible person under Part 8 or a class of responsible persons under that Part or do not have effect to such extent as is specified; or\n\nS. 4(1)(e) inserted by No. 38/2000 s. 16.\n\n(e) do not have effect in relation to specified electricity suppliers or a class of electricity suppliers or do not have effect to such an extent as is specified.\n\n(2) An Order made under subsection (1)—\n\n(a) may specify the period during which the Order is to remain in force; or\n\n(b) may provide that its operation is subject to such terms and conditions as are specified in the Order.\n\n(3) A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject.\n\n","sortOrder":7},{"sectionNumber":"5","sectionType":"section","heading":"Act to bind the Crown","content":"\t5 Act to bind the Crown\n\nThis Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.\n\nPt 2 (Heading and ss 6–29) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 64), substituted as Pt 2 (Heading and ss 6–8) by No. 39/2005 s. 45.\n\n","sortOrder":8},{"sectionNumber":"Part 2","sectionType":"part","heading":"Energy Safe Victoria","content":"Part 2—Energy Safe Victoria\n\nS. 6 substituted by No. 39/2005 s. 45.\n\n","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Objectives of Energy Safe Victoria","content":"\t6 Objectives of Energy Safe Victoria\n\nThe objectives of Energy Safe Victoria under this Act are—\n\n(a) to ensure the electrical safety of electrical generation, transmission and distribution systems, electrical installations and electrical equipment;\n\n(b) to control the electrical safety standards of electrical work carried out by electrical workers;\n\n(c) to promote awareness of energy efficiency through energy efficiency labelling of electrical equipment and energy efficiency regulation of electrical equipment;\n\nS. 6(ca) inserted by No. 55/2010 s. 14(1).\n\n(ca) to promote the prevention and mitigation of bushfire danger;\n\n(d) to protect underground and underwater structures from corrosion caused by stray electrical currents;\n\n(e) to maintain public and industry awareness of electrical safety requirements.\n\nS. 7 substituted by No. 39/2005 s. 45.\n\n","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Functions of Energy Safe Victoria","content":"\t7 Functions of Energy Safe Victoria\n\nThe functions of Energy Safe Victoria under this Act are—\n\n(a) to determine minimum safety standards for electrical equipment, electrical installations and electrical work;\n\n(b) to encourage and monitor the use of electricity safety management schemes;\n\nS. 7(c) substituted by No. 43/2018 s. 5.\n\n(c) to inspect and test electrical equipment, in‑scope electrical equipment or electrical installations and electrical work for compliance with the standards prescribed or relevant standards;\n\n(d) to administer the prescribed minimum standards for energy efficiency of electrical equipment;\n\n(e) to inspect and test electrical equipment for compliance with the specified minimum standards for energy efficiency;\n\n(f) to investigate events or incidents which have implications for electricity safety;\n\nS. 7(fa) inserted by No. 55/2010 s. 14(2).\n\n(fa) to regulate, monitor and enforce the prevention and mitigation of bushfires that arise out of incidents involving electric lines or electrical installations;\n\n(g) to provide advisory and consultative services in relation to electricity safety and electrical equipment, electrical installations and electrical work;\n\n(h) to advise the electricity industry and the community in relation to electricity safety;\n\n(i) to monitor and enforce compliance with this Act and the regulations;\n\n(j) such other functions are as conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.\n\nS. 7A inserted by No. 55/2010 s. 15.\n\n","sortOrder":11},{"sectionNumber":"7A","sectionType":"section","heading":"Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases","content":"\t7A Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases\n\nIn performing a function or exercising a power under Part 8 or 10 or regulations made for the purposes of either of those Parts, Energy Safe Victoria may have regard to the reliability and security of electricity supply.\n\nS. 8 substituted by No. 39/2005 s. 45, amended by No. 22/2023 s. 5(1)(2) (ILA s. 39B(1)).\n\n","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Funding","content":"\t8 Funding\n\n(1) A distribution company or transmission company must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that company in respect of the reasonable costs and expenses of Energy Safe Victoria.\n\nS. 8(2) inserted by No. 22/2023 s. 5(2).\n\n(2) A declared owner or operator must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that declared owner or operator in respect of the reasonable costs and expenses of Energy Safe Victoria.\n\nSs 9–29 repealed by No. 39/2005 s. 45.\n\n","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Electrical work","content":"Part 3—Electrical work\n\n","sortOrder":14},{"sectionNumber":"Div 1","sectionType":"division","heading":"Registration of electrical contractors","content":"Division 1—Registration of electrical contractors\n\nS. 30 amended by No. 89/1998 s. 7.\n\n","sortOrder":15},{"sectionNumber":"30","sectionType":"section","heading":"Contractors","content":"\t30 Contractors\n\nA person must not carry on or offer to carry on or hold out that the person carries on or is willing to carry on any class of electrical contracting that, under the regulations, is a prescribed class of electrical contracting for the purposes of this Division unless the person is registered under this Division as an electrical contractor in respect of electrical contracting of that class and holds the prescribed insurance (if any).\n\nS. 30(a)(b) repealed by No. 89/1998 s. 7.\n\n","sortOrder":16},{"sectionNumber":"31","sectionType":"section","heading":"Registration of electrical contractors","content":"\t31 Registration of electrical contractors\n\nS. 31(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(1) Energy Safe Victoria may, in accordance with the regulations, register, or renew the registration of, a person as an electrical contractor in respect of a specified class of electrical contracting.\n\nS. 31(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) A registration may be granted or renewed subject to any conditions that Energy Safe Victoria thinks fit.\n\nS. 31(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(3) Energy Safe Victoria must assign a registered number to each registered contractor.\n\nS. 31(4) amended by No. 25/2008 s. 3.\n\n(4) The registration of an electrical contractor continues, unless sooner suspended, cancelled or surrendered, for a period of up to 5 years determined by Energy Safe Victoria and specified in the register kept under section 33 commencing on the date of registration, or renewal of registration.\n\nS. 32 amended by No. 13/2025 s. 36.\n\n","sortOrder":17},{"sectionNumber":"32","sectionType":"section","heading":"Registered number","content":"\t32 Registered number\n\nA registered electrical contractor must not publish or cause to be published any advertisement, notice or statement that the contractor carries on or is willing to carry on electrical contracting work unless the advertisement, notice or statement includes the registered number of the contractor.\n\n","sortOrder":18},{"sectionNumber":"33","sectionType":"section","heading":"Register of electrical contractors","content":"\t33 Register of electrical contractors\n\nS. 33(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(1) Energy Safe Victoria must cause to be kept a register of electrical contractors.\n\n(2) The register must be in the prescribed form and contain the prescribed information.\n\nS. 33(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(3) Energy Safe Victoria must make the register available for inspection at all reasonable hours.\n\nS. 33A inserted by No. 13/2025 s. 46.\n\n","sortOrder":19},{"sectionNumber":"33A","sectionType":"section","heading":"Immediate suspension of registration of electrical contractor","content":"\t33A Immediate suspension of registration of electrical contractor\n\n(1) Energy Safe Victoria may, by written notice given to an electrical contractor, immediately suspend the registration of the electrical contractor if Energy Safe Victoria considers that it is in the interests of the public to do so—\n\n(a) if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical contractor to determine whether there is proper cause for taking disciplinary action against the electrical contractor under section 34; or\n\n(b) during an inquiry described in paragraph (a).\n\n(2) Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to suspend the registration under that subsection include—\n\n(a) whether the electrical contractor is performing, has performed or has allowed a person under the electrical contractor's control to perform electrical work that poses—\n\n(i) a risk to the health and safety of any person; or\n\n(ii) a serious risk of significant damage to property; and\n\n(b) whether the electrical contractor has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and\n\n(c) whether the electrical contractor has failed to comply with a condition of the electrical contractor's registration.\n\n(3) Energy Safe Victoria may suspend a registration under subsection (1) either wholly or partially in relation to a specified matter.\n\n(4) A notice under subsection (1) must state—\n\n(a) the decision of Energy Safe Victoria to immediately suspend the registration of the electrical contractor; and\n\n(b) that the suspension comes into effect on the giving of the notice; and\n\n(c) the period of the suspension; and\n\n(d) the reasons for the decision; and\n\n(e) that the electrical contractor may apply to the Tribunal under Part 6 for review of the decision.\n\n(5) Energy Safe Victoria must provide detailed reasons for the suspension to the electrical contractor in writing within 5 business days after giving the notice to the electrical contractor.\n\n(6) A suspension under subsection (1) remains in effect for the period specified in the notice unless—\n\n(a) the suspension is revoked by Energy Safe Victoria; or\n\n(b) the suspension is set aside by the Tribunal on an application for review under Part 6.\n\nS. 33B inserted by No. 13/2025 s. 46.\n\n","sortOrder":20},{"sectionNumber":"33B","sectionType":"section","heading":"Revocation of immediate suspension of registration","content":"\t33B Revocation of immediate suspension of registration\n\n(1) Energy Safe Victoria may at any time revoke an immediate suspension of a registration under section 33A.\n\n(2) Energy Safe Victoria must revoke an immediate suspension under section 33A if—\n\n(a) Energy Safe Victoria is satisfied that the grounds for the immediate suspension have ceased to exist; or\n\n(b) Energy Safe Victoria decides not to commence an inquiry into the conduct of the electrical contractor under section 34; or\n\n(c) after an inquiry into the conduct of the electrical contractor under section 34, Energy Safe Victoria—\n\n(i) is satisfied that no proper cause exists for taking disciplinary action against the electrical contractor; or\n\n(ii) imposes new conditions on, or varies the conditions of, the registration under section 34(2)(b).\n\n(3) Energy Safe Victoria must, without delay, give written notice to the registered electrical contractor of the revocation of the immediate suspension of the electrical contractor's registration under section 33A.\n\n","sortOrder":21},{"sectionNumber":"34","sectionType":"section","heading":"Disciplinary action","content":"\t34 Disciplinary action\n\n(1) There is proper cause for taking disciplinary action against a registered electrical contractor if the registered electrical contractor—\n\n(a) has failed to comply with this Act or the regulations; or\n\n(b) has obtained registration under this Division by fraud or misrepresentation or the concealment of facts; or\n\n(c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or\n\n(d) has failed to hold the prescribed insurance; or\n\n(e) has failed to comply with any condition of registration; or\n\n(f) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical installation work; or\n\n(g) has engaged in fraudulent conduct in the carrying out of electrical installation work.\n\nS. 34(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) If, after an inquiry into the conduct of a registered electrical contractor and giving the electrical contractor the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against a registered electrical contractor, Energy Safe Victoria may do one or more of the following—\n\nS. 34(2)(a) repealed by No. 25/2008 s. 4.\n\n(b) impose new conditions on, or vary the conditions of the registration, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction;\n\n(c) suspend the registration, immediately or with effect from a specified later date, for a period of up to 12 months;\n\n(d) cancel the registration, immediately or with effect from a specified later date.\n\n","sortOrder":22},{"sectionNumber":"35","sectionType":"section","heading":"Employees of registered electrical contractor","content":"\t35 Employees of registered electrical contractor\n\nS. 35(1) amended by No. 13/2025 s. 37.\n\n(1) A registered electrical contractor must keep a register of licensed electrical installation workers who are employed by the contractor.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\nS. 35(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) The register under subsection (1) must be available for inspection at all reasonable times by Energy Safe Victoria.\n\n(3) A registered electrical contractor must not employ a person in the carrying out of any electrical installation work unless the person is—\n\n(a) a licensed electrical installation worker of a particular class related to the contractor's business; or\n\nS. 35(3)(b) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 15).\n\n(b) an apprentice within the meaning of the **Education and Training Reform Act 2006** in a trade that involves carrying out electrical installation work of a class related to the contractor's business.\n\nPenalty applying to this subsection—\n\nIn the case of a natural person, 50 penalty units;\n\n","sortOrder":23},{"sectionNumber":"36","sectionType":"section","heading":"Electrical contractors not to employ certain persons","content":"\t36 Electrical contractors not to employ certain persons\n\n(1) A person (***the contractor***) must not employ a person (***the worker***) to carry out, in the course of a business carried on by the contractor, electrical installation work that, under the regulations, is a prescribed class of electrical installation work for the purposes of this Division, unless—\n\n(a) the contractor is a registered electrical contractor under this Division; and\n\n(b) the worker is a licensed electrical installation worker under this Part in respect of electrical installation work of that class.\n\n(2) Subsection (1) does not apply to the employment, in the regular course of a business carried on by a person, of a licensed electrical installation worker to carry out electrical installation work of a class in respect of which the worker is licensed only in premises owned or occupied by the employer.\n\n","sortOrder":24},{"sectionNumber":"37","sectionType":"section","heading":"Obligations on registered contractors","content":"\t37 Obligations on registered contractors\n\nA registered electrical contractor must not permit a person to carry out on the contractor's behalf, or direct a person to carry out, any electrical installation work that does not comply with this Act or the regulations.\n\n","sortOrder":25},{"sectionNumber":"Div 2","sectionType":"division","heading":"Licensing of electrical workers","content":"Division 2—Licensing of electrical workers\n\n","sortOrder":26},{"sectionNumber":"38","sectionType":"section","heading":"Electrical workers","content":"\t38 Electrical workers\n\nA person must not carry out or offer to carry out or hold out that the person carries out or is willing to carry out any class of electrical work that, under the regulations, is a prescribed class of electrical work for the purposes of this Division unless the person is—\n\n(a) licensed under this Division as an electrical installation worker in respect of electrical installation work of that class; or\n\n(b) licensed under this Division as an electrical inspector in respect of electrical inspection work of that class; or\n\n(c) licensed under this Division as an electrical connection worker in respect of electrical connection work of that class; or\n\n(d) licensed under this Division as an electrical equipment worker in respect of electrical equipment work of that class; or\n\nS. 38(da) inserted by No. 4/2020 s. 4(1).\n\n(da) licensed under this Division as an electrical lineworker in respect of electrical linework of that class; or\n\nS. 38(e) amended by No. 57/2009 s. 5.\n\n(e) authorised under an accepted ESMS in respect of electrical work of that class.\n\nNote to s. 38(e) inserted by No. 4/2020 s. 4(2).\n\nSection 120GA prevents an accepted ESMS from authorising certain persons from carrying out certain classes of electrical linework.\n\nS. 39 amended by No. 24/2006 s. 6.1.2(Sch. 7 item 15).\n\n","sortOrder":27},{"sectionNumber":"39","sectionType":"section","heading":"Apprentices deemed to be licensed","content":"\t39 Apprentices deemed to be licensed\n\nAn apprentice within the meaning of the **Education and Training Reform Act 2006** in a trade that involves carrying out electrical work is, during the period of the apprenticeship, deemed to be licensed as an electrical worker to carry out electrical work under supervision as prescribed.\n\n","sortOrder":28},{"sectionNumber":"40","sectionType":"section","heading":"Licensing of electrical workers","content":"\t40 Licensing of electrical workers\n\nS. 40(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(1) Energy Safe Victoria may, in accordance with the regulations, license, or renew the licence of, a natural person as an electrical worker in respect of a specified class of electrical work.\n\nS. 40(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) A licence may be issued or renewed subject to any conditions that Energy Safe Victoria thinks fit, including a condition that it applies to only one class of electrical work.\n\nS. 40(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(3) Energy Safe Victoria may, in accordance with the regulations, vary a licence given under this section.\n\n(4) A licence under this section continues, unless sooner suspended, cancelled or surrendered, for a period of up to 5 years specified in the licence commencing on the date of the issue of the licence or renewal of the licence.\n\nS. 40A inserted by No. 13/2025 s. 47.\n\n","sortOrder":29},{"sectionNumber":"40A","sectionType":"section","heading":"Immediate suspension of licence of electrical worker","content":"\t40A Immediate suspension of licence of electrical worker\n\n(1) Energy Safe Victoria may, by written notice given to an electrical worker, immediately suspend the licence of the electrical worker if Energy Safe Victoria considers that it is in the interests of the public to do so—\n\n(a) if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical worker to determine whether there is proper cause for taking disciplinary action against the electrical worker under section 41; or\n\n(b) during an inquiry described in paragraph (a).\n\n(2) Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to immediately suspend the licence under that subsection include—\n\n(a) whether the electrical worker is performing or has performed electrical work that poses—\n\n(i) a risk to the health and safety of any person; or\n\n(ii) a serious risk of significant damage to property; and\n\n(b) whether the electrical worker has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and\n\n(c) whether the electrical worker has failed to comply with a condition of the electrical worker's licence.\n\n(3) Energy Safe Victoria may suspend a licence under subsection (1) either wholly or partially in relation to a specified matter.\n\n(4) A notice under subsection (1) must state—\n\n(a) the decision of Energy Safe Victoria to immediately suspend the licence of the electrical worker; and\n\n(b) that the suspension comes into effect on the giving of the notice; and\n\n(c) the period of the suspension; and\n\n(d) the reasons for the decision; and\n\n(e) that the electrical worker may apply to the Tribunal under Part 6 for review of the decision.\n\n(5) Energy Safe Victoria must provide detailed reasons for the suspension to the electrical worker in writing within 5 business days after giving the notice to the electrical worker.\n\n(6) A suspension under subsection (1) remains in effect for the period specified in the notice unless—\n\n(a) the suspension is revoked by Energy Safe Victoria; or\n\n(b) the suspension is set aside by the Tribunal on an application for review under Part 6.\n\nS. 40B inserted by No. 13/2025 s. 47.\n\n","sortOrder":30},{"sectionNumber":"40B","sectionType":"section","heading":"Revocation of immediate suspension of licence","content":"\t40B Revocation of immediate suspension of licence\n\n(1) Energy Safe Victoria may at any time revoke an immediate suspension of a licence under section 40A.\n\n(2) Energy Safe Victoria must revoke an immediate suspension under section 40A if—\n\n(a) Energy Safe Victoria is satisfied that the grounds for the immediate suspension have ceased to exist; or\n\n(b) Energy Safe Victoria decides not to commence an inquiry into the conduct of the electrical worker under section 41; or\n\n(c) after an inquiry into the conduct of the electrical worker under section 41, Energy Safe Victoria—\n\n(i) is satisfied that no proper cause exists for taking disciplinary action against the electrical worker; or\n\n(ii) imposes new conditions on, or varies the conditions of, the licence under section 41(2)(b).\n\n(3) Energy Safe Victoria must, without delay, give written notice to the electrical worker of the revocation of the immediate suspension of the electrical worker's licence under section 40A.\n\n","sortOrder":31},{"sectionNumber":"41","sectionType":"section","heading":"Disciplinary action","content":"\t41 Disciplinary action\n\n(1) There is proper cause for taking disciplinary action against a licensed electrical worker if the licensed electrical worker—\n\n(a) has failed to comply with this Act or the regulations; or\n\n(b) has obtained a licence under this Division by fraud or misrepresentation or the concealment of facts; or\n\n(c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or\n\n(d) has failed to comply with any condition or restriction on the licence; or\n\n(e) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical work; or\n\n(f) has engaged in fraudulent conduct in the carrying out of electrical work.\n\nS. 41(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) If, after an inquiry into the conduct of a licensed electrical worker and giving the electrical worker the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against the licensed electrical worker, Energy Safe Victoria may do one or more of the following—\n\nS. 41(2)(a) repealed by No. 25/2008 s. 4.\n\n(b) impose new conditions or restrictions on, or vary the conditions or restrictions on the licence, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction;\n\n(c) suspend the licence for a period of up to 12 months;\n\n(d) cancel the licence, immediately or with effect from a specified later date.\n\n","sortOrder":32},{"sectionNumber":"Div 3","sectionType":"division","heading":"Electrical installation work","content":"Division 3—Electrical installation work\n\nS. 41A inserted by No. 89/1998 s. 8.\n\n","sortOrder":33},{"sectionNumber":"41A","sectionType":"section","heading":"Responsible person","content":"\t41A Responsible person\n\nIn this Division a reference to the person who is responsible for the carrying out of electrical installation work is a reference—\n\n(a) to a registered electrical contractor, if the registered electrical contractor is engaged to carry out the work; or\n\n(b) to a person in a prescribed class of persons, if that person is engaged to carry out the work;\n\n(c) if paragraphs (a) and (b) do not apply and the work is carried out by a licensed electrical installation worker under the supervision of another licensed electrical installation worker, to the licensed electrical installation worker who supervised the work;\n\n(d) if paragraphs (a), (b) and (c) do not apply, to the licensed electrical installation worker who carried out the work.\n\nS. 41B  \ninserted by No. 38/2000 s. 17, amended by No. 69/2000 s. 23 (ILA s. 39B(1)).\n\n","sortOrder":34},{"sectionNumber":"41B","sectionType":"section","heading":"Supervisor deemed to carry out certain work","content":"\t41B Supervisor deemed to carry out certain work\n\n(1) If, under this Act or the regulations, a licensed electrical installation worker supervises the carrying out of electrical installation work by another person, then, for the purposes of this Division—\n\n(a) the licensed electrical installation worker is deemed to be the person carrying out the work; and\n\n(b) the other person is deemed not to have carried out the work.\n\nS. 41B(2) inserted by No. 69/2000 s. 23.\n\n(2) Subsection (1) does not apply in respect of a licensed electrical installation worker supervising the carrying out of electrical installation work pursuant to the conditions of registration applying to a registered electrical contractor.\n\n","sortOrder":35},{"sectionNumber":"42","sectionType":"section","heading":"Implied conditions relating to electrical installation work","content":"\t42 Implied conditions relating to electrical installation work\n\nIt is an implied condition of each contract entered into by the electrical contractor in relation wholly or partly to any electrical installation work to be carried out by the electrical contractor that the quality of the materials, fittings and apparatus to be used in connection with the electrical installation work and the methods to be followed in carrying out the electrical installation work are in accordance with the regulations.\n\n","sortOrder":36},{"sectionNumber":"43","sectionType":"section","heading":"Safety of electrical installations","content":"\t43 Safety of electrical installations\n\nS. 43(1) substituted by No. 35/2013 s. 12, amended by No. 13/2025 s. 38(1).\n\n(1) A person must not install any electrical equipment if the person knows or should reasonably be expected to know that—\n\n(a) the electrical equipment is unsafe or will be unsafe if connected to an electricity supply; or\n\n(b) the installation will make any other electrical equipment unsafe if connected to an electricity supply; or\n\n(c) the installation will make a building or structure unsafe if that building or structure is supplied with electricity.\n\nS. 43(1A) inserted by No. 35/2013 s. 12, amended by No. 13/2025 s. 38(2).\n\n(1A) A person must not carry out electrical equipment work if the person knows or should reasonably be expected to know that—\n\n(a) the work will make electrical equipment unsafe if connected to an electricity supply; or\n\n(b) the work will make a building or structure unsafe if that building or structure is supplied with electricity.\n\n(2) The occupier of any premises in which there is any unsafe electrical equipment must—\n\n(a) cause the electrical equipment to be removed from the premises or to be made safe; or\n\n(b) in the case of electrical equipment forming part of an electrical installation, notify the owner of the premises of the unsafe electrical installation.\n\n1. 40 penalty units.\n\nS. 43(3) amended by No. 13/2025 s. 38(3).\n\n(3) An owner of premises who is notified under subsection (2) must cause the electrical installation to be removed from the premises or to be made safe.\n\n(4) A person carrying out electrical installation work must ensure that—\n\n(a) all electrical circuits or electrical equipment handled in the course of that work are disconnected from the electricity supply; or\n\n(b) adequate precautions are taken to prevent electric shock or other injury in the handling of electrical circuits or electrical equipment in the course of that work.\n\n1. 40 penalty units.\n\nS. 43A inserted by No. 59/2011 s. 13.\n\n","sortOrder":37},{"sectionNumber":"43A","sectionType":"section","heading":"Safety of electrical installations—building work","content":"\t43A Safety of electrical installations—building work\n\nS. 43A(1) amended by No. 13/2025 s. 39.\n\n(1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make—\n\n(a) an electrical installation at the premises unsafe; or\n\n(b) a building at the premises unsafe if that premises is supplied with electricity.\n\n***building work*** has the same meaning as in the **Building Act 1993**.\n\nS. 44 amended by No. 89/1998 s. 9(2) (ILA s. 39B(1)).\n\n","sortOrder":38},{"sectionNumber":"44","sectionType":"section","heading":"Compliance and testing of electrical installation work","content":"\t44 Compliance and testing of electrical installation work\n\nS. 44(1) amended by No. 13/2025 s. 40(1).\n\n(1) A licensed electrical installation worker must ensure that all electrical installation work carried out by that worker—\n\n(a) complies with this Act and the regulations; and\n\nS. 44(1)(b) amended by No. 89/1998 s. 9(1).\n\n(b) is tested in accordance with and at the intervals required by the regulations before it is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of that work were not disconnected from the electricity supply, before the work is first used after it is completed.\n\nPenalty: 240 penalty units.\n\nS. 44(2) inserted by No. 89/1998 s. 9(2), amended by No. 13/2025 s. 40(2).\n\n(2) A licensed electrical installation worker who carries out electrical installation work must, within 4 business days after the completion of that work—\n\nS. 44(2)(a) amended by No. 61/2007 s. 13(2).\n\n(a) complete and sign a certificate of compliance in respect of that work; and\n\nS. 44(2)(b) amended by No. 61/2007 s. 13(2).\n\n(b) if the worker is not the person responsible for the carrying out of the work, give to the person who is responsible for the carrying out of the work a signed certificate of compliance in respect of that work.\n\nS. 44(3) inserted by No. 89/1998 s. 9(2), amended by Nos 61/2007 s. 13(2), 13/2025 s. 40(3).\n\n(3) A licensed electrical installation worker must not sign a certificate of compliance in relation to any electrical installation work carried out by that worker unless the certificate—\n\n(a) describes the work; and\n\n(b) states that the work complies with this Act and the regulations; and\n\n(c) contains any other details in relation to the work required by the regulations.\n\nS. 44(4) inserted by No. 89/1998 s. 9(2), repealed by No. 61/2007 s. 13(3).\n\n","sortOrder":39},{"sectionNumber":"45","sectionType":"section","heading":"Inspection of electrical installation work","content":"\t45 Inspection of electrical installation work\n\nS. 45(1) amended by Nos 89/1998 s. 10(1), 13/2025 s. 41(1).\n\n(1) A person who is responsible for the carrying out of prescribed electrical installation work must ensure that that work is inspected by a licensed electrical inspector in accordance with the regulations before the electrical installation is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of the work were not disconnected from the electricity supply, before the work is first used after it is completed.\n\nPenalty: In the case of a natural person, 120 penalty units;\n\nIn the case of a body corporate, 600 penalty units.\n\nS. 45(2) amended by Nos 89/1998 s. 10(2), 13/2025 s. 41(2).\n\n(2) Before an electricity supplier first connects an electrical installation to an electricity supply, the electricity supplier must ensure that a certificate of inspection of the prescribed electrical installation work in relation to that installation has been issued by a licensed electrical inspector in accordance with this section.\n\nPenalty: In the case of a natural person, 120 penalty units;\n\nIn the case of a body corporate, 600 penalty units.\n\nS. 45(3) inserted by No. 89/1998 s. 10(3), amended by No. 13/2025 s. 41(3).\n\n(3) A licensed electrical inspector who carries out an inspection of prescribed electrical installation work must within 4 business days after the completion of that inspection, give to the person who is responsible for the carrying out of the work a signed certificate of inspection in respect of that work.\n\nS. 45(4) inserted by No. 89/1998 s. 10(3), amended by Nos 25/2008 s. 5, 13/2025 s. 41(4).\n\n(4) A licensed electrical inspector must not sign a certificate of inspection of any prescribed electrical installation work unless the certificate—\n\n(a) describes the work; and\n\nS. 45(4)(b) amended by No. 38/2000 s. 24(a).\n\n(b) states that the inspector has inspected the work; and\n\n(c) states whether or not the work complies with this Act and the regulations; and\n\n(d) contains any other details in relation to the work required by the regulations.\n\nPenalty: 120 penalty units.\n\nS. 45(5) inserted by No. 89/1998 s. 10(3), repealed by No. 61/2007 s. 13(3).\n\nS. 45A inserted by No. 89/1998 s. 11.\n\n","sortOrder":40},{"sectionNumber":"45A","sectionType":"section","heading":"Certificates of electrical safety","content":"\t45A Certificates of electrical safety\n\nS. 45A(1) amended by No. 13/2025 s. 42(1).\n\n(1) The person who is responsible for the carrying out of electrical installation work must in accordance with this section—\n\n(a) ensure that a certificate of electrical safety is completed in respect of that work; and\n\n(b) within the required time—\n\n(i) give the completed certificate of electrical safety in respect of that work to the person for whom the work was carried out; and\n\nS. 45A(1)(b)(ii) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(ii) give a copy of that certificate to Energy Safe Victoria.\n\n(2) A certificate of electrical safety must contain—\n\n(a) a certificate of compliance completed under section 44 for the installation work by the licensed electrical installation worker who carried out the work; and\n\n(b) in the case of prescribed electrical installation work, a certificate of inspection of the installation work completed under section 45 by a licensed electrical inspector.\n\nS. 45A(3) amended by No. 13/2025 s. 42(2).\n\n(3) The person who is responsible for the carrying out of electrical installation work must not give a certificate of electrical safety under subsection (1) unless the certificate form used is a certificate form supplied to that person under section 45B.\n\nS. 45A(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(4) A document is not a certificate of electrical safety unless the certificate form used is a form that has been supplied by Energy Safe Victoria or a person authorised by Energy Safe Victoria.\n\n(5) A certificate of electrical safety may be a periodic certificate covering all electrical installation work (other than prescribed electrical installation work) for which a person is responsible that is carried out within a period of 3 months.\n\n(6) In this section the required time—\n\n(a) in the case of prescribed electrical installation work, is 4 business days after the certificate of inspection of that work is given under section 45(3); and\n\n(b) in the case of electrical installation work under a periodic certificate of electrical safety, is 4 business days after the end of the period of 3 months to which the certificate relates; and\n\n(c) in the case of any other electrical installation work is one month after the certificate of compliance for that work is completed under section 44(2).\n\nS. 45AB (Heading) amended by No. 13/2025 s. 53(Sch. 1 item 2).\n\nS. 45AB inserted by No. 61/2007 s. 14.\n\n\t45AB Authorised officer may require rectification of non‑compliant electrical installation work\n\nS. 45AB(1) amended by No. 13/2025 s. 53(Sch. 1 item 3).\n\n(1) This section applies if an authorised officer is of the opinion that particular electrical installation work is in breach of any provision of this Act or the regulations applying to that work.\n\nS. 45AB(2) amended by No. 13/2025 s. 53(Sch. 1 item 3).\n\n(2) The authorised officer may give the person who is responsible for the carrying out of electrical installation work a written rectification notice requiring the person to rectify the work to make it comply with the provision of this Act or the regulations that the work does not comply with within the reasonable time specified by the authorised officer.\n\n(3) If a certificate of electrical safety was given in respect of electrical installation work, the person who was responsible for the carrying out of the electrical installation work, and who ensured that the certificate was completed and given under section 45A, must—\n\n(a) ensure that a new certificate of electrical safety is completed and given under that section in respect of the rectified work;  \nand\n\nS. 45AB(3)(b) amended by No. 13/2025 s. 53(Sch. 1 item 3).\n\n(b) give the authorised officer a copy of that new certificate within a reasonable time specified by the authorised officer.\n\n(4) A person—\n\nS. 45AB(4)(a) amended by No. 13/2025 s. 53(Sch. 1 item 3).\n\n(a) must comply with any requirement made by an authorised officer in a rectification notice; and\n\n(b) must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice.\n\nS. 45AB(5) amended by No. 13/2025 s. 53(Sch. 1 item 3).\n\n(5) The authorised officer must make it clear in a rectification notice in what way the work that needs rectification is non-compliant.\n\nS. 45AB(6) amended by No. 13/2025 s. 53(Sch. 1 item 4).\n\n(6) If a person applies to the Tribunal under section 69 to have the decision to give a rectification notice reviewed, the person need not comply with the notice until the person abandons the application or receives written notice that the Tribunal has affirmed the rectification notice or dismissed the application.\n\n(7) For the purposes of subsection (6), if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person.\n\nS. 45AB(8) amended by No. 13/2025 s. 53(Sch. 1 item 5).\n\n(8) If an authorised officer gives a rectification notice to a person before the person ensures the completion of, and gives, a certificate of electrical safety in accordance with section 45A in respect of electrical installation work, the person must still ensure that a certificate of electrical safety is completed and given in accordance with that section once the rectification work has been completed.\n\n(9) A certificate of electrical safety completed and given as required by subsection (8) must be completed in respect of both the original electrical installation work and the rectified electrical installation work.\n\nS. 45AB(10) amended by No. 13/2025 s. 53(Sch. 1 item 5).\n\n(10) The authorised officer must give a copy of the rectification notice to the person on whose behalf the electrical installation work was carried out.\n\nS. 45B inserted by No. 89/1998 s. 11.\n\n","sortOrder":41},{"sectionNumber":"45B","sectionType":"section","heading":"Supply of certificate forms","content":"\t45B Supply of certificate forms\n\nS. 45B(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(1) Energy Safe Victoria may sell certificate of electrical safety forms to registered electrical contractors and licensed electrical installation workers and prescribed persons.\n\nS. 45B(2) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(2) Energy Safe Victoria may authorise a person to sell certificate of electrical safety forms to registered electrical contractors and licensed electrical installation workers and prescribed persons.\n\nS. 45B(3) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(3) In authorising a person, Energy Safe Victoria may impose any conditions on its authorisation that it thinks appropriate and may change any such condition at any time.\n\nS. 45B(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(4) A person authorised by Energy Safe Victoria to sell certificate of electrical safety forms—\n\n(a) must not sell or give a certificate of electrical safety form to a person who is not a registered electrical contractor, a licensed electrical installation worker or prescribed person; and\n\n(b) must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount; and\n\nS. 45B(4)(c) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(c) must comply with any condition imposed by Energy Safe Victoria in granting its authorisation.\n\n1. 20 penalty units.\n\nS. 45B(5) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(5) Energy Safe Victoria must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount.\n\n(6) A registered electrical contractor, a licensed electrical installation worker or a prescribed person may authorise a person in writing to buy certificate of electrical safety forms on the contractor's or worker's or prescribed person's behalf.\n\nS. 45B(7) amended by No. 13/2025 s. 43.\n\n(7) A registered electrical contractor, a licensed electrical installation worker or a prescribed person must ensure that only one person has such an authority at any one time.\n\n(8) A reference to a registered electrical contractor or licensed electrical installation worker or a prescribed person in subsection (1), (2), (4) or (5) includes a reference to any person duly authorised by the registered electrical contractor or licensed electrical installation worker or prescribed person under subsection (6).\n\nS. 45B(9) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(9) If—\n\n(a) the registration of an electrical contractor is suspended or cancelled or expires without renewal under this Act; or\n\n(b) the licence of an electrical installation worker is suspended, cancelled or surrendered or expires without renewal under this Act—\n\nthe contractor or worker must return all unused certificate of electrical safety forms purchased under this section to Energy Safe Victoria within 14 days after that suspension, cancellation, surrender or expiry.\n\n1. 10 penalty units.\n\nS. 45B(10) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(10) Energy Safe Victoria must refund to an electrical contractor or electrical installation worker the amount paid under this section by the contractor or worker for any forms returned under subsection (9).\n\nS. 45B(11) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(11) If, on the application of a registered electrical contractor, a licensed electrical installation worker or a prescribed person, Energy Safe Victoria is satisfied that a certificate of electrical safety form supplied to the contractor, worker or person under this section is lost or damaged or destroyed, Energy Safe Victoria must provide the contractor, worker or person with a replacement form at no charge.\n\n(12) In this section the authorised amount is—\n\n(a) $20 (or any other amount specified by the regulations) for a certificate of electrical safety form relating to prescribed electrical installation work; or\n\n(b) $500 (or any other amount specified by the regulations) for a periodic certificate of electrical safety form; or\n\n(c) $5 (or any other amount specified by the regulations) for any other certificate of electrical safety form.\n\n(13) In this section ***prescribed person*** means a person in a class of persons prescribed for the purposes of section 41A(b).\n\n","sortOrder":42},{"sectionNumber":"Div 4","sectionType":"division","heading":"Installation of electric lines on public land","content":"Division 4—Installation of electric lines on public land\n\n","sortOrder":43},{"sectionNumber":"46","sectionType":"section","heading":"Regulation of installation","content":"\t46 Regulation of installation\n\n(1) A person must not install, or cause to be installed, an electric line on public land unless—\n\n(a) the electric line is installed by or on behalf of—\n\nS. 46(1)(a)(i) substituted by No. 69/2000 s. 24(1).\n\n(i) a person who is the holder of a licence under section 19 of the **Electricity Industry Act 2000**, for the purposes of carrying out activities authorised under the licence; or\n\nS. 46(1)(a)(ii) amended by No. 38/2000 s. 24(b), substituted by No. 69/2000 s. 24(1).\n\n(ii) a person who is exempted under the **Electricity Industry Act 2000** from holding a licence under section 19 of that Act, for the purposes of carrying out activities authorised to be carried out under the terms of the exemption; or\n\nS. 46(1)(a)(iii) repealed by No. 30/2000 s. 34.\n\nS. 46(1)(a)(iv) substituted by No. 6/2010 s. 203(1)(Sch. 6 item 16.1(a)) (as amended by No. 45/2010 s. 22).\n\n(iv) Victorian Rail Track, within the meaning of section 3 of the **Transport Integration Act 2010**, for the purposes of its functions or powers under that or any other Act; or\n\nS. 46(1)(a)(iva) inserted by  \nNo. 6/2010 s. 203(1)(Sch. 6 item 16.1(b)) (as amended by No. 45/2010 s. 22).\n\n(iva) V/Line Corporation, within the meaning of section 3 of the **Transport Integration Act 2010**, for the purposes of its functions or powers under that or any other Act; or\n\nS. 46(1)(a)(v) amended by No. 49/2019 s. 186(Sch. 4 item 16.2).\n\n(v) the Head, Transport for Victoria, for the purposes of its functions or powers under any Act; or\n\nS. 46(1)(a)(vi) amended by No. 2/2014 s. 5.\n\n(vi) a Council for the purposes of its functions or powers under any Act; or\n\nS. 46(1)(a)(vii) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(vii) Energy Safe Victoria, for the purposes of its functions or powers under any Act; or\n\n(b) the electric line is installed for the purpose of conveying electricity supplied by a person referred to in paragraph (a)(i) or (ii) from a common metering point or distribution point to lots on a plan of subdivision under the **Subdivision Act 1988** or to parts of any premises which are separately occupied; or\n\n(c) the installation of the electric line is the subject of an exemption under this Division.\n\nS. 46(2) repealed by No. 69/2000 s. 24(2).\n\nS. 46(3) amended by No. 89/1998 s. 12.\n\n(3) The owner of an electric line installed in contravention of this section must ensure that the electric line is not at any time connected to a supply network.\n\n(4) A person must not knowingly use an electric line installed in contravention of this section.\n\n","sortOrder":44},{"sectionNumber":"47","sectionType":"section","heading":"Exemption","content":"\t47 Exemption\n\nS. 47(1) amended by No. 69/2000 s. 22(2).\n\n(1) The Governor in Council may, by Order published in the Government Gazette, exempt a person from compliance with section 46 in respect of an activity specified in the Order.\n\n(2) An exemption may be of general or specific application.\n\n(3) An exemption is subject to such terms and conditions as are specified in the Order including a condition requiring—\n\n(a) the consent of the owner of any property that may be affected by the activities to which the exemption relates; and\n\nS. 47(3)(b) amended by No. 69/2000 s. 25.\n\n(b) unless inconsistent with any obligation of the distribution company under a licence under the **Electricity Industry Act 2000**, the consent of the distribution company to whose supply network the electric line is to be connected.\n\n(4) A person to whom an Order under this section applies must comply with the terms and conditions to which the operation of the Order is subject.\n\n","sortOrder":45},{"sectionNumber":"48","sectionType":"section","heading":"Division not to affect operation of other requirements","content":"\t48 Division not to affect operation of other requirements\n\nNothing in this Division affects the operation of any other provision of this Act or of any other Act or law applying to or in relation to the installation or use of an electric line.\n\n","sortOrder":46},{"sectionNumber":"49","sectionType":"section","heading":"Transitional","content":"\t49 Transitional\n\nAn Order made under the **Electric Light and Power Act 1958** or a corresponding previous enactment relating to the installation of an electric line beyond the limits of any private premises and in force immediately before the commencement of this section has effect, unless revoked under this Division, as an exemption given under this Division.\n\n","sortOrder":47},{"sectionNumber":"Part 4","sectionType":"part","heading":"Electrical equipment","content":"Part 4—Electrical equipment\n\nPt 4 Div. 1 (Heading and new ss 50–55) inserted by No. 43/2018 s. 7.\n\nDivision 1—Preliminary\n\nNew s. 50 inserted by No. 43/2018 s. 7.\n\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Definitions","content":"\t50 Definitions\n\n***alternative mark*** means a mark approved by Energy Safe Victoria under section 62W;\n\n***certificate of conformity*** means a certificate that has the same meaning given by section 62C and is issued by—\n\n(b) a regulatory authority; or\n\n(c) an external certifier;\n\n***certificate of suitability*** means a certificate that has the same meaning given by section 56 and is issued by—\n\n(b) a regulatory authority; or\n\n(c) an external certifier;\n\n***chief executive*** means the chief executive responsible for the administration of the Electrical Safety Act 2002 of Queensland;\n\n***controlled electrical equipment*** means electrical equipment declared under section 55;\n\n***corresponding law*** means a law declared under section 51;\n\n***external certifier*** means a person or body approved by a regulatory authority under a corresponding law to issue a certificate of conformity or a certificate of suitability;\n\n***group*** means items or components of in‑scope electrical equipment that—\n\n(a) have the same basic electrical characteristics and material composition but may differ in dimension, colour or other aspects; and\n\n(b) in respect to the relevant standard for the type of in-scope electrical equipment, one or more related test reports apply to the items or components;\n\n***in-scope electrical equipment*** means electrical equipment that—\n\n(a) operates at or within a prescribed voltage range; and\n\n(b) is designed or marketed as suitable for household, personal or similar use—\n\nbut does not include electrical equipment of a type that is declared under section 53 not to be in-scope electrical equipment;\n\n***level 1 in-scope electrical equipment*** means in‑scope electrical equipment that is prescribed to have a level 1 risk level (low risk);\n\n***level 2 in-scope electrical equipment*** means in‑scope electrical equipment that is prescribed to have a level 2 risk level (medium risk);\n\n***level 3 in-scope electrical equipment*** means in‑scope electrical equipment that is prescribed to have a level 3 risk level (high risk);\n\n***NZ body corporate*** means a body corporate registered under Part 2 of the Companies Act 1993 of New Zealand;\n\n***prohibition notice*** means a notice issued under section 63;\n\n***recall notice*** means a notice issued under section 65;\n\n***Register*** means the national register established under section 48D of the Electrical Safety Act 2002 of Queensland;\n\n***registered responsible supplier*** means a responsible supplier who is registered in the Register;\n\n***regulatory authority*** means a person or body that under a corresponding law of another jurisdiction is responsible for the monitoring or enforcement of compliance with that law within that jurisdiction;\n\n***regulatory compliance mark*** means a mark—\n\n(a) that conforms with a prescribed standard; and\n\n(b) is applied in accordance with a prescribed standard;\n\n***related body corporate*** has the same meaning as in section 50 of the Corporations Act;\n\n***relevant standard*** means a standard prescribed to apply to a type of in‑scope electrical equipment;\n\n***responsible supplier*** means a person who—\n\n(a) manufactures in-scope electrical equipment in Australia or New Zealand, that is supplied or is offered for supply in Victoria; or\n\n(b) imports in-scope electrical equipment into Australia or New Zealand, that is supplied or offered for supply in Victoria;\n\n***second-hand dealer*** has the meaning it has in the **Second-Hand Dealers and Pawnbrokers Act 1989**;\n\n***second-hand equipment*** means electrical equipment that has previously been supplied or sold, other than by wholesale, but does not include electrical equipment—\n\n(a) acquired by the person for the purpose of using the equipment for a process of production or manufacture; or\n\n(b) acquired by a person (other than a second-hand dealer) for the purpose of re-supply; or\n\n(c) returned to a supplier for refund or exchange.\n\nNew s. 51 inserted by No. 43/2018 s. 7.\n\n","sortOrder":49},{"sectionNumber":"51","sectionType":"section","heading":"Minister may declare corresponding law","content":"\t51 Minister may declare corresponding law\n\n(1) The Minister may, by notice in the Government Gazette, declare a law of another State or a Territory or of New Zealand to be a corresponding law.\n\n(2) The Minister may make a declaration under subsection (1) if the law—\n\n(a) is a law relating to the supply of electrical equipment; and\n\n(b) substantially corresponds to this Part.\n\nNew s. 52 inserted by No. 43/2018 s. 7.\n\n","sortOrder":50},{"sectionNumber":"52","sectionType":"section","heading":"No double jeopardy","content":"\t52 No double jeopardy\n\nA person is not liable to be punished for an act or omission that is an offence against this Part if—\n\n(a) the act or omission is also an offence against a corresponding law; and\n\n(b) the person has been punished for the offence under the corresponding law.\n\nNew s. 53 inserted by No. 43/2018 s. 7.\n\n","sortOrder":51},{"sectionNumber":"53","sectionType":"section","heading":"Declaration of electrical equipment to not be in‑scope electrical equipment","content":"\t53 Declaration of electrical equipment to not be in‑scope electrical equipment\n\n(1) Energy Safe Victoria, by notice published in the Government Gazette, may declare an item, type or component of electrical equipment not to be in‑scope electrical equipment.\n\n(2) A declaration under subsection (1) must be published in the Government Gazette.\n\nNew s. 54 inserted by No. 43/2018 s. 7.\n\n","sortOrder":52},{"sectionNumber":"54","sectionType":"section","heading":"Standards for electrical equipment that is not in‑scope electrical equipment","content":"\t54 Standards for electrical equipment that is not in‑scope electrical equipment\n\nA person must not supply or offer to supply electrical equipment that is not in-scope electrical equipment unless the electrical equipment—\n\n(a) satisfies the standard prescribed for electrical equipment of the type of electrical equipment to which it belongs; and\n\n(b) is safe to be connected to an electricity supply.\n\nNew s. 55 inserted by No. 43/2018 s. 7.\n\n","sortOrder":53},{"sectionNumber":"55","sectionType":"section","heading":"Declaration of electrical equipment to be controlled electrical equipment","content":"\t55 Declaration of electrical equipment to be controlled electrical equipment\n\n(1) Energy Safe Victoria may declare that an item, description, type or component of electrical equipment, that is not in-scope electrical equipment, is controlled electrical equipment.\n\n(2) A declaration made under subsection (1) takes effect on the date specified in the notice.\n\n(3) A person must not supply or offer to supply controlled electrical equipment unless the electrical equipment—\n\n(a) is the subject of a certificate of conformity issued by Energy Safe Victoria that has not expired or been cancelled or suspended and is marked as prescribed; or\n\n(b) is the subject of a certificate of conformity issued by a regulatory authority that has not expired or been cancelled or suspended and is marked as prescribed; or\n\n(c) is the subject of a certificate of conformity issued by an external certifier that has not expired or been cancelled or suspended and is marked as prescribed.\n\nPt 4 Div. 2 (Heading and ss 56–62B) inserted by No. 43/2018 s. 7.\n\nDivision 2—Certificate of suitability\n\nNew s. 56 inserted by No. 43/2018 s. 7.\n\n","sortOrder":54},{"sectionNumber":"56","sectionType":"section","heading":"Meaning of certificate of suitability","content":"\t56 Meaning of certificate of suitability\n\nA certificate of suitability means a certificate certifying that the relevant—\n\n(a) level 1 in-scope electrical equipment is safe to use, safe to supply and satisfies the relevant standard; or\n\n(b) level 2 in-scope electrical equipment is safe to use, safe to supply and satisfies the relevant standard; or\n\n(c) electrical equipment, that is not controlled electrical equipment or in‑scope electrical equipment, is safe to use, safe to supply and satisfies the standard prescribed for that electrical equipment.\n\nNew s. 57 inserted by No. 43/2018 s. 7.\n\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Application for certificate of suitability of electrical equipment","content":"\t57 Application for certificate of suitability of electrical equipment\n\n(1) A person may apply to Energy Safe Victoria for a certificate of suitability in relation to—\n\n(a) an item, group or component of level 1 in-scope electrical equipment; or\n\n(b) an item, group or component of level 2 in-scope electrical equipment; or\n\n(c) an item, group or component of electrical equipment, that is not controlled electrical equipment or in‑scope electrical equipment.\n\n(a) be accompanied—\n\n(i) by a test report from an approved laboratory; and\n\n(ii) by a sample of the electrical equipment or colour images showing the internal and external construction of the electrical equipment; and\n\n(iii) by technical documentation which adequately describes the electrical equipment; and\n\n(b) be accompanied by the prescribed fee (if any); and\n\n(c) be accompanied by any other document or information reasonably required by Energy Safe Victoria.\n\n(3) Energy Safe Victoria may require the applicant to provide—\n\n(a) a sample of the electrical equipment if colour images provided are not adequate; or\n\n(b) additional information about the electrical equipment.\n\n(4) Energy Safe Victoria may exempt the applicant from the requirement to provide any of the items referred to in subsection (2)(a) or (b) if Energy Safe Victoria is of the opinion that it is not necessary for any of those items to be provided.\n\nNew s. 58 inserted by No. 43/2018 s. 7.\n\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"Consideration of application for certificate of suitability","content":"\t58 Consideration of application for certificate of suitability\n\n(1) After considering an application made under section 57, Energy Safe Victoria must—\n\n(a) issue a certificate of suitability; or\n\n(b) issue a certificate of suitability subject to the carrying out of any specified modifications; or\n\n(c) refuse to issue a certificate of suitability.\n\n(2) If Energy Safe Victoria makes a decision under subsection (1)(b), the certificate does not apply to the electrical equipment unless those modifications are made.\n\n(3) If Energy Safe Victoria makes a decision under subsection (1)(c), Energy Safe Victoria must notify the applicant in writing of that decision and provide reasons for the decision.\n\nNew s. 59 inserted by No. 43/2018 s. 7.\n\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Term of certificate of suitability","content":"\t59 Term of certificate of suitability\n\nA certificate of suitability is issued for the term, not exceeding 5 years, specified in the certificate unless it is sooner suspended or cancelled.\n\nNew s. 60 inserted by No. 43/2018 s. 7.\n\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Variation of certificate of suitability","content":"\t60 Variation of certificate of suitability\n\n(1) The holder of a certificate of suitability issued by Energy Safe Victoria may apply to Energy Safe Victoria to vary the certificate.\n\n(2) Energy Safe Victoria may vary a certificate of suitability it has issued—\n\n(a) on the application of the holder of the certificate of suitability under subsection (1); or\n\n(b) of its own motion.\n\nNew s. 61 inserted by No. 43/2018 s. 7.\n\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Suspension of certificate of suitability","content":"\t61 Suspension of certificate of suitability\n\n(1) Energy Safe Victoria may, by written notice given to the holder of a certificate of suitability it has issued, suspend the certificate for a specified period if Energy Safe Victoria is of the opinion that—\n\n(a) in the case of a certificate issued in respect of level 1 in-scope electrical equipment—\n\n(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment; or\n\n(b) in the case of a certificate issued in respect of level 2 in-scope electrical equipment—\n\n(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment; or\n\n(c) in the case of a certificate issued in respect of an item, group or component of electrical equipment that is not controlled electrical equipment or in‑scope electrical equipment—\n\n(i) the electrical equipment no longer satisfies the standard prescribed that applies to the electrical equipment; or\n\n(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.\n\n(2) The suspension of a certificate of suitability takes effect on the service of the notice.\n\n(3) Energy Safe Victoria must lift the suspension of a certificate of suitability immediately, if Energy Safe Victoria is satisfied that the grounds for the suspension no longer exist.\n\nNew s. 62 inserted by No. 43/2018 s. 7.\n\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Cancellation of certificate of suitability","content":"\t62 Cancellation of certificate of suitability\n\n(1) Energy Safe Victoria may at any time cancel a certificate of suitability it has issued, by giving written notice to the person to whom the certificate of suitability was issued.\n\n(2) The notice must state—\n\n(a) the reasons for the cancellation of the certificate of suitability; and\n\n(b) the date of the cancellation of the certificate of suitability.\n\n(3) A copy of a notice under subsection (1) must be published on Energy Safe Victoria's Internet site.\n\nS. 62A inserted by No. 43/2018 s. 7.\n\n\t62A Certificate of suitability issued by regulatory authority or an external certifier taken to be issued by Energy Safe Victoria\n\nFor the purposes of section 62B, a current certificate of suitability or a certificate that certifies similar matters issued by a regulatory authority or an external certifier is taken to be a certificate of suitability issued by Energy Safe Victoria.\n\nS. 62B inserted by No. 43/2018 s. 7.\n\n","sortOrder":61},{"sectionNumber":"62B","sectionType":"section","heading":"Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria","content":"\t62B Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria\n\n(1) Energy Safe Victoria, by written notice given to the holder of a certificate of suitability, may suspend the certificate of suitability issued by a regulatory authority or an external certifier for a specified period if Energy Safe Victoria is of the opinion the electrical equipment in respect of which the certificate of suitability was issued—\n\n(a) does not satisfy the relevant standard or the standard prescribed; or\n\n(b) is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.\n\n(2) A suspension under subsection (1) may be made in respect of—\n\n(a) an item, group or component of level 1 in‑scope electrical equipment; or\n\n(b) an item, group or component of level 2 in‑scope electrical equipment; or\n\n(c) an item, group or component of electrical equipment, that is not controlled electrical equipment or in‑scope electrical equipment.\n\n(3) If a certificate of suitability is suspended under subsection (1), Energy Safe Victoria must notify the regulatory authority or the external certifier that issued the certificate of suitability of that suspension.\n\n(4) If Energy Safe Victoria is of the opinion that the reason for the suspension of a certificate of suitability no longer exists, Energy Safe Victoria must lift the suspension immediately.\n\nPt 4 Div. 3 (Heading and ss 62C–62M) inserted by No. 43/2018 s. 7.\n\nDivision 3—Certificate of conformity\n\nS. 62C inserted by No. 43/2018 s. 7.\n\n","sortOrder":62},{"sectionNumber":"62C","sectionType":"section","heading":"Meaning of certificate of conformity","content":"\t62C Meaning of certificate of conformity\n\nA certificate of conformity means a certificate certifying that the relevant—\n\n(a) controlled electrical equipment is safe to use, safe to supply and satisfies the standard prescribed that applies to that electrical equipment; or\n\n(b) level 3 in-scope electrical equipment is safe to use, safe to supply and satisfies the relevant standard that applies to that electrical equipment.\n\nS. 62D inserted by No. 43/2018 s. 7.\n\n","sortOrder":63},{"sectionNumber":"62D","sectionType":"section","heading":"Application for certificate of conformity","content":"\t62D Application for certificate of conformity\n\n(1) A person may apply to Energy Safe Victoria for a certificate of conformity in relation to—\n\n(a) an item, group or component of controlled electrical equipment; or\n\n(b) an item, group or component of level 3 in‑scope electrical equipment.\n\n(a) be accompanied—\n\n(i) by a test report from an approved laboratory; and\n\n(ii) by a sample of the electrical equipment or colour images showing the internal and external construction of the electrical equipment; and\n\n(iii) by technical documentation which adequately describes the electrical equipment; and\n\n(b) be accompanied by the prescribed fee (if any).\n\n(3) Energy Safe Victoria may require the applicant to provide—\n\n(a) a sample of the electrical equipment if the colour images provided are not adequate; or\n\n(b) additional information about the electrical equipment.\n\n(4) Energy Safe Victoria may exempt the applicant from the requirement to provide any of the items referred to in subsection (2)(a) or (b) if Energy Safe Victoria is of the opinion that it is not necessary for any of those items to be provided.\n\nS. 62E inserted by No. 43/2018 s. 7.\n\n","sortOrder":64},{"sectionNumber":"62E","sectionType":"section","heading":"Consideration of application for a certificate of conformity","content":"\t62E Consideration of application for a certificate of conformity\n\n(1) After considering an application made under section 62D, Energy Safe Victoria must—\n\n(a) issue a certificate of conformity; or\n\n(b) issue a certificate of conformity subject to the carrying out of any specified modifications; or\n\n(c) refuse to issue a certificate of conformity.\n\n(2) If Energy Safe Victoria makes a decision under subsection (1)(b), the certificate does not apply to the controlled electrical equipment or the level 3 in-scope electrical equipment unless those modifications are made.\n\n(3) If Energy Safe Victoria makes a decision under subsection (1)(c), Energy Safe Victoria must notify the applicant in writing of that decision and provide reasons for the decision.\n\nS. 62F inserted by No. 43/2018 s. 7.\n\n","sortOrder":65},{"sectionNumber":"62F","sectionType":"section","heading":"Term of certificate of conformity","content":"\t62F Term of certificate of conformity\n\nA certificate of conformity is issued for the term, not exceeding 5 years, specified in the certificate unless it is sooner suspended or cancelled.\n\nS. 62G inserted by No. 43/2018 s. 7.\n\n","sortOrder":66},{"sectionNumber":"62G","sectionType":"section","heading":"Variation of certificate of conformity","content":"\t62G Variation of certificate of conformity\n\n(1) The holder of a certificate of conformity issued by Energy Safe Victoria may apply to Energy Safe Victoria to vary the certificate.\n\n(2) Energy Safe Victoria may vary a certificate of conformity—\n\n(a) on the application of the holder of the certificate of conformity under subsection (1); or\n\n(b) of its own motion; or\n\n(c) on being satisfied that the modifications required by a notice given under section 62J(1) have been made to the electrical equipment that is the subject of the certificate of conformity.\n\nS. 62H inserted by No. 43/2018 s. 7.\n\n","sortOrder":67},{"sectionNumber":"62H","sectionType":"section","heading":"Re-examination","content":"\t62H Re-examination\n\nEnergy Safe Victoria may at any time require any controlled electrical equipment or level 3 in-scope electrical equipment that is the subject of a certificate of conformity it has issued to be re‑examined or tested by Energy Safe Victoria.\n\nS. 62I inserted by No. 43/2018 s. 7.\n\n","sortOrder":68},{"sectionNumber":"62I","sectionType":"section","heading":"Suspension of certificate of conformity","content":"\t62I Suspension of certificate of conformity\n\n(1) Energy Safe Victoria may, by written notice given to the holder of a certificate, suspend a certificate of conformity it has issued if Energy Safe Victoria is of the opinion that—\n\n(a) in the case of controlled electrical equipment—\n\n(i) the electrical equipment no longer satisfies the standard prescribed that applies to the electrical equipment; or\n\n(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment; or\n\n(b) in the case of level 3 in-scope electrical equipment—\n\n(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.\n\n(2) The suspension of a certificate of conformity takes effect on the service of the notice.\n\n(3) Energy Safe Victoria must lift the suspension of a certificate of conformity immediately, if Energy Safe Victoria is satisfied—\n\n(a) that the grounds for the suspension no longer exist; and\n\n(b) any modifications required by a notice given under section 62J(1) have been made.\n\nS. 62J inserted by No. 43/2018 s. 7.\n\n","sortOrder":69},{"sectionNumber":"62J","sectionType":"section","heading":"Modifications after issue of certificate of conformity","content":"\t62J Modifications after issue of certificate of conformity\n\n(1) If a certificate of conformity is suspended under section 62I, Energy Safe Victoria may, by written notice given to the holder of the certificate, require that modifications be made to the equipment that is the subject of the certificate.\n\n(2) A person to whom a notice is given under subsection (1) must not supply or offer to supply the electrical equipment that is the subject of the certificate of conformity unless the suspension of the certificate has been lifted in accordance with section 62I(3).\n\nS. 62K inserted by No. 43/2018 s. 7.\n\n","sortOrder":70},{"sectionNumber":"62K","sectionType":"section","heading":"Cancellation of certificate of conformity","content":"\t62K Cancellation of certificate of conformity\n\n(1) Energy Safe Victoria may at any time cancel a certificate of conformity it has issued, by written notice given to the person to whom the certificate of conformity was issued.\n\n(2) The notice must state the reasons for the cancellation of the certificate of conformity.\n\n(3) A copy of a notice under subsection (1) must be published on Energy Safe Victoria's Internet site.\n\nS. 62L inserted by No. 43/2018 s. 7.\n\n\t62L Certificate of conformity issued by regulatory authority or an external certifier—taken to be issued by Energy Safe Victoria\n\nFor the purposes of section 62M, a current certificate of conformity issued by a regulatory authority or an external certifier is taken to be a certificate of conformity issued by Energy Safe Victoria.\n\nS. 62M inserted by No. 43/2018 s. 7.\n\n","sortOrder":71},{"sectionNumber":"62M","sectionType":"section","heading":"Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria","content":"\t62M Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria\n\n(1) Energy Safe Victoria, by written notice given to the holder of a certificate of conformity, may suspend a certificate of conformity issued by a regulatory authority or an external certifier for a specified period if Energy Safe Victoria is of the opinion that the electrical equipment in respect of which the certificate of conformity was issued—\n\n(a) does not satisfy the relevant standard or the standard prescribed; or\n\n(b) is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.\n\n(2) A suspension under subsection (1) may be made in respect of—\n\n(a) an item, group or component of controlled electrical equipment; or\n\n(b) an item, group or component of level 3 in‑scope electrical equipment.\n\n(3) If a certificate of conformity is suspended under subsection (1), Energy Safe Victoria must notify the regulatory authority or the external certifier that issued the certificate of conformity of that suspension.\n\n(4) If Energy Safe Victoria is of the opinion that the reason for the suspension of a certificate of conformity no longer exists, Energy Safe Victoria must lift the suspension immediately.\n\nPt 4 Div. 4 (Heading and ss 62N–62V) inserted by No. 43/2018 s. 7.\n\nDivision 4—Registration of responsible supplier\n\nS. 62N inserted by No. 43/2018 s. 7.\n\n","sortOrder":72},{"sectionNumber":"62N","sectionType":"section","heading":"Responsible supplier in Victoria registered in the Register","content":"\t62N Responsible supplier in Victoria registered in the Register\n\n(1) A responsible supplier who is registered in the Register is taken to be a registered responsible supplier for the purposes of this Part.\n\n(2) Subsection (1) does not apply to a responsible supplier whose registration has been cancelled under section 62U.\n\n(3) If a responsible supplier has registered in the Register level 2 in-scope electrical equipment or level 3 in-scope electrical equipment, the responsible supplier is taken to have registered that electrical equipment for the purposes of this Part.\n\nS. 62O inserted by No. 43/2018 s. 7.\n\n","sortOrder":73},{"sectionNumber":"62O","sectionType":"section","heading":"Recording, amendment or removal of a matter on the Register","content":"\t62O Recording, amendment or removal of a matter on the Register\n\nEnergy Safe Victoria may request that the chief executive—\n\n(a) amend or remove a matter that appears on the Register; or\n\n(b) record a matter in the Register.\n\nS. 62P inserted by No. 43/2018 s. 7.\n\n","sortOrder":74},{"sectionNumber":"62P","sectionType":"section","heading":"Application for exemption of registered responsible supplier or in-scope electrical equipment","content":"\t62P Application for exemption of registered responsible supplier or in-scope electrical equipment\n\n(1) A person may apply to Energy Safe Victoria for an exemption under section 62Q in relation to—\n\n(a) an item of in-scope electrical equipment; or\n\n(b) a type of in-scope electrical equipment; or\n\n(c) a component of in-scope electrical equipment; or\n\n(d) a group of in-scope electrical equipment; or\n\n(e) a requirement that applies to a responsible supplier under section 67B(2), 67C(2) or 67D(2).\n\n(a) contain details of—\n\n(i) the exemption requested; and\n\n(ii) the reasons for the exemption; and\n\n(iii) the applicant's name, telephone number, business and postal address; and\n\n(b) be accompanied by any relevant technical information.\n\nS. 62Q inserted by No. 43/2018 s. 7.\n\n","sortOrder":75},{"sectionNumber":"62Q","sectionType":"section","heading":"Exemption for registered responsible supplier or in‑scope electrical equipment","content":"\t62Q Exemption for registered responsible supplier or in‑scope electrical equipment\n\n(1) Energy Safe Victoria may, by notice published in the Government Gazette, exempt a type of in‑scope electrical equipment from—\n\n(a) a requirement of a relevant standard; or\n\n(b) a requirement related to the regulatory compliance mark.\n\n(2) Energy Safe Victoria may, by notice in writing given to an applicant under section 62P, exempt in-scope electrical equipment registered to a registered responsible supplier from—\n\n(a) a requirement of a relevant standard; or\n\n(b) a requirement related to the regulatory compliance mark.\n\n(3) Energy Safe Victoria may, by notice in writing given to an applicant under section 62P, exempt a responsible supplier from a requirement to supply—\n\n(a) the relevant documentary evidence referred to in section 67B(2); or\n\n(b) the relevant documentary evidence or a certificate of suitability referred to in section 67C(2); or\n\n(c) a certificate of conformity referred to in section 67D(2).\n\n(4) Energy Safe Victoria may grant an exemption—\n\n(a) on the application of a person under section 62P; or\n\n(b) of its own motion.\n\n(5) Energy Safe Victoria may impose any conditions that must be complied with to maintain an exemption granted under subsection (1), (2) or (3).\n\n(6) Energy Safe Victoria may, at any time, by notice published in the Government Gazette, vary or revoke an exemption.\n\n(7) If an exemption has been granted on application by a person under section 62P, Energy Safe Victoria must notify the applicant in writing of any variation or revocation of the exemption.\n\n(8) An exemption granted by a regulatory authority under a corresponding law for a matter that substantially corresponds to a matter referred to in subsection (1), (2) or (3) is taken to be an exemption granted by ESV.\n\nS. 62R inserted by No. 43/2018 s. 7.\n\n","sortOrder":76},{"sectionNumber":"62R","sectionType":"section","heading":"Grounds for cancellation of registration of responsible supplier","content":"\t62R Grounds for cancellation of registration of responsible supplier\n\n(1) This section applies to a registered responsible supplier who supplies or offers to supply or supplied in-scope electrical equipment in  Victoria.\n\n(2) The grounds for which Energy Safe Victoria may cancel the registration of the registered responsible supplier are any of the following—\n\n(a) the registered responsible supplier requests cancellation of their registration;\n\n(b) the registered responsible supplier has been convicted of an offence against this Part or the regulations applying under this Part;\n\n(c) the registered responsible supplier contravenes a prohibition notice or a recall notice;\n\n(d) the registered responsible supplier obtained registration in the Register by fraud or misrepresentation or the concealment of facts or making a false declaration;\n\n(e) the registration of level 2 in-scope electrical equipment or level 3 in-scope electrical equipment registered by the registered responsible supplier is cancelled under section 62U.\n\nS. 62S inserted by No. 43/2018 s. 7.\n\n\t62S Grounds for cancellation of registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment\n\n(1) This section applies to level 2 in-scope electrical equipment or level 3 in-scope electrical equipment registered to a registered responsible supplier if that equipment is supplied or offered for supply or was previously supplied or previously offered for supply in Victoria by the registered responsible supplier.\n\n(2) Energy Safe Victoria may cancel the registration of electrical equipment to which this section applies on any of the following grounds—\n\n(a) the registered responsible supplier requests cancellation of the registration of the relevant equipment;\n\n(b) the registered responsible supplier is convicted of an offence against this Part or the regulations applying under this Part;\n\n(c) the registered responsible supplier contravenes a requirement of a prohibition notice or a recall notice;\n\n(d) the registered responsible supplier registered the relevant equipment by fraud or misrepresentation or the concealment of facts or making a false declaration;\n\n(e) the electrical equipment—\n\n(i) did not satisfy the relevant standard at the time that the electrical equipment was registered to the registered responsible supplier; or\n\n(ii) no longer satisfies the relevant standard that applies to that kind of electrical equipment; or\n\n(iii) is the subject of a certificate of suitability or a certificate of conformity that is suspended, has been cancelled or has expired; or\n\n(iv) is or is likely to become dangerous in normal use.\n\nS. 62T inserted by No. 43/2018 s. 7.\n\n","sortOrder":77},{"sectionNumber":"62T","sectionType":"section","heading":"Show cause notice","content":"\t62T Show cause notice\n\n(1) Energy Safe Victoria may, by post, serve a registered responsible supplier a written notice requiring the registered responsible supplier to show cause why the relevant registration should not be cancelled if Energy Safe Victoria believes—\n\n(a) a ground under section 62R exists; or\n\n(b) a ground under section 62S exists in relation to the registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment.\n\nSee section 49 of the **Interpretation of Legislation Act 1984** for service by post.\n\n(2) A notice served under subsection (1) must—\n\n(a) state each ground in respect of which Energy Safe Victoria has formed the opinion that a ground exists under section 62R or 62S to cancel the relevant registration; and\n\n(b) specify the facts and circumstances that Energy Safe Victoria believes form the basis of the ground; and\n\n(c) state the time period within which the registered responsible supplier must respond, that time period being not less than—\n\n(i) in the case of the registration of a responsible supplier—28 days from the date of service of the notice; or\n\n(ii) in the case of the registration of equipment—14 days from the date of service of the notice; and\n\n(d) state the consequences for the registered responsible supplier of not responding to the notice.\n\nS. 62U inserted by No. 43/2018 s. 7.\n\n","sortOrder":78},{"sectionNumber":"62U","sectionType":"section","heading":"Cancellation of registration by Energy Safe Victoria","content":"\t62U Cancellation of registration by Energy Safe Victoria\n\n(1) Energy Safe Victoria may do one of or a combination of the following—\n\n(a) cancel the registration of a registered responsible supplier;\n\n(b) cancel the registration of level 2 in‑scope electrical equipment registered to a registered responsible supplier;\n\n(c) cancel the registration of level 3 in‑scope electrical equipment registered to a registered responsible supplier.\n\n(2) Before making a decision under subsection (1) to cancel a registration, Energy Safe Victoria must—\n\n(a) serve on the registered responsible supplier a show cause notice under section 62T(1); and\n\n(b) consider—\n\n(i) each submission made by the registered responsible supplier in response to the show cause notice; and\n\n(ii) any reasons given by the registered responsible supplier why the registration should not be cancelled.\n\n(3) On the cancellation of the registration—\n\n(a) under subsection (1)(a)—the responsible supplier ceases to be registered for the purposes of this Part; or\n\n(b) under subsection (1)(b)—the level 2 in‑scope electrical equipment ceases to be registered for the purposes of this Part; or\n\n(c) under subsection (1)(c)—the level 3 in‑scope electrical equipment ceases to be registered for the purposes of this Part.\n\n(4) If Energy Safe Victoria makes a decision under subsection (1), Energy Safe Victoria must notify the cancellation to—\n\n(a) the registered responsible supplier; and\n\n(b) the chief executive.\n\nS. 62V inserted by No. 43/2018 s. 7.\n\n","sortOrder":79},{"sectionNumber":"62V","sectionType":"section","heading":"Evidence of registration and registered matters","content":"\t62V Evidence of registration and registered matters\n\n(1) A certificate that appears to be signed by the chief executive and states a matter that appears in the Register, is evidence of the matter.\n\n(2) A certificate under subsection (1) may state a matter by reference to a date or period.\n\n(3) A court must accept a certificate mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.\n\nPt 4 Div. 5 (Heading and s. 62W) inserted by No. 43/2018 s. 7.\n\n","sortOrder":80},{"sectionNumber":"Div 5","sectionType":"division","heading":"Alternative mark to regulatory compliance mark","content":"Division 5—Alternative mark to regulatory compliance mark\n\nS. 62W inserted by No. 43/2018 s. 7.\n\n","sortOrder":81},{"sectionNumber":"62W","sectionType":"section","heading":"Approval of alternative mark to regulatory compliance mark","content":"\t62W Approval of alternative mark to regulatory compliance mark\n\nEnergy Safe Victoria may approve an alternative mark for in-scope electrical equipment if Energy Safe Victoria believes the regulatory compliance mark applying to that in-scope electrical equipment is not appropriate in the circumstances.\n\nS. 50 repealed by No. 46/2014 s. 9.\n\nS. 51 amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 46/2014 s. 9.\n\nSs 52, 53 repealed by No. 46/2014 s. 9.\n\nS. 54 amended by Nos 38/2000 s. 18(a), 39/2005 s. 48(Sch. 1 item 2), 59/2008 s. 41(1), repealed by No. 43/2018 s. 6.\n\nS. 55 amended by Nos 38/2000 s. 24(c), 39/2005 s. 48(Sch. 1 item 3), repealed by No. 43/2018 s. 6.\n\nS. 56 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2, 4), repealed by No. 59/2008 s. 41(2).\n\nS. 57 amended by Nos 38/2000 s. 18(b), 39/2005 s. 48(Sch. 1 items 1, 2), repealed by No. 43/2018 s. 6.\n\nS. 58 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2), repealed by No. 43/2018 s. 6.\n\nS. 59 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2), repealed by No. 43/2018 s. 6.\n\nS. 60 amended by Nos 38/2000 s. 18(c), 39/2005 s. 48(Sch. 1 item 1), repealed by No. 43/2018 s. 6.\n\nS. 61 substituted by No. 39/2005 s. 48(Sch. 1 item 5), repealed by No. 43/2018 s. 6.\n\nS. 62 amended by No. 39/2005 s. 48(Sch. 1 item 1), repealed by No. 43/2018 s. 6.\n\nPt 4 Div. 6 (Heading) inserted by No. 43/2018 s. 8.\n\n","sortOrder":82},{"sectionNumber":"Div 6","sectionType":"division","heading":"Prohibition of supply and recall of electrical equipment","content":"Division 6—Prohibition of supply and recall of electrical equipment\n\n","sortOrder":83},{"sectionNumber":"63","sectionType":"section","heading":"Prohibition of supply of electrical equipment","content":"\t63 Prohibition of supply of electrical equipment\n\nS. 63(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(1) Energy Safe Victoria, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply of specified electrical equipment or electrical equipment of a specified class from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice.\n\nS. 63(2) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(2) Energy Safe Victoria, by notice in writing given to a person, may prohibit that person from supplying specified electrical equipment or electrical equipment of a specified class from the date of the notice or such later date as is specified in the notice.\n\nS. 63(3) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2), substituted by No. 43/2018 s. 9(a).\n\n(3) Energy Safe Victoria may exercise a power of prohibition under this section if Energy Safe Victoria has reasonable grounds to believe that—\n\n(a) in the case of in-scope electrical equipment—the electrical equipment does not satisfy the relevant standard; or\n\n(b) in the case of electrical equipment that is not in-scope electrical equipment—the electrical equipment does not satisfy the standard prescribed in respect of that electrical equipment; or\n\n(c) in any case—the specified electrical equipment is likely to become unsafe to use because of its design or construction.\n\nS. 63(4) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(4) Energy Safe Victoria may withdraw a prohibition made under subsection (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State.\n\nS. 63(5) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(5) Energy Safe Victoria may withdraw a prohibition made under subsection (2) by notice given to the person to whom the prohibition was given.\n\nS. 63(6) amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 43/2018 s. 9(b).\n\n(6) This section applies whether or not the electrical equipment was—\n\n(a) controlled electrical equipment; or\n\n(b) issued with a certificate of suitability; or\n\n(c) issued with a certificate of conformity; or\n\n(d) issued a certificate by a regulatory authority; or\n\n(e) issued a certificate by an external certifier.\n\n","sortOrder":84},{"sectionNumber":"64","sectionType":"section","heading":"Offence to disobey prohibition","content":"\t64 Offence to disobey prohibition\n\nA person must not, while a prohibition under section 63 remains in force, do anything prohibited by that prohibition.\n\n1. In the case of a natural person, 200 penalty units or 2 years imprisonment or both;\n\n","sortOrder":85},{"sectionNumber":"65","sectionType":"section","heading":"Recall of electrical equipment","content":"\t65 Recall of electrical equipment\n\nS. 65(1) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2).\n\n(1) Energy Safe Victoria may make a requirement under this section only if it appears to Energy Safe Victoria that—\n\n(a) particular electrical equipment, or a particular class of electrical equipment, is, or is likely to become, by reason of its design or construction, unsafe to use; or\n\nS. 65(1)(b) substituted by No. 1/2017 s. 11(1).\n\n(b) specific action is necessary—\n\n(i) to make particular electrical equipment, or a particular class of electrical equipment, safe to use; or\n\n(ii) to render safe the use of particular electrical equipment or a particular class of electrical equipment; or\n\nS. 65(1)(c) inserted by No. 1/2017 s. 11(1).\n\n(c) particular electrical equipment, or a particular class of electrical equipment, does not comply with the minimum standards prescribed for that equipment or for equipment of that class.\n\nS. 65(2) amended by Nos 38/2000 s. 24(d), 39/2005 s. 48(Sch. 1 item 1), substituted by No. 1/2017 s. 11(2).\n\n(2) Energy Safe Victoria, by written notice served on a person to whom this section applies, may require the person to take, within the period specified in the notice, the action specified in the notice in relation to the particular electrical equipment or electrical equipment of a particular class specified in the notice.\n\nS. 65(2A) inserted by No. 1/2017 s. 11(2).\n\n(2A) This section applies to a person—\n\n(a) who supplies or has supplied electrical equipment in the course of the person's business; and\n\n(b) who has supplied—\n\n(i) the particular electrical equipment specified in the notice; or\n\n(ii) electrical equipment of a particular class specified in the notice.\n\n**Example**\n\nCompany A was in the business of supplying electrical equipment. Company A then ceased supplying electrical equipment. Energy Safe Victoria may issue a notice to Company A under this section in respect of electrical equipment it supplied in the course of its business.\n\nS. 65(3) amended by No. 1/2017 s. 11(3)(a).\n\n(3) The action specified in the notice may consist of or include any of the following actions in relation to the particular electrical equipment specified in the notice, or electrical equipment of a particular class specified in the notice—\n\n(a) sending a written request to the person to whom the electrical equipment, or equipment of the same class, was supplied to return the equipment to the place at which it was supplied;\n\nS. 65(3)(b) amended by No. 39/2005 s. 48(Sch. 1 item 6).\n\n(b) placing an advertisement requesting all persons to whom electrical equipment of that class was supplied to return the equipment to the place at which it was supplied;\n\nS. 65(3)(c) amended by No. 1/2017 s. 11(3)(b).\n\n(c) making the equipment or equipment of that class safe to use or rendering safe the use of that equipment in the manner specified in the notice;\n\nS. 65(3)(d) inserted by No. 1/2017 s. 11(3)(c).\n\n(d) carrying out inspections and tests on that electrical equipment or equipment of that class;\n\nS. 65(3)(e) inserted by No. 1/2017 s. 11(3)(c).\n\n(e) rectifying that electrical equipment, or equipment of that class, so it complies with a specified standard;\n\nS. 65(3)(f) inserted by No. 1/2017 s. 11(3)(c).\n\n(f) repairing or replacing that electrical equipment or equipment of that class;\n\nS. 65(3)(g) inserted by No. 1/2017 s. 11(3)(c).\n\n(g) arranging for the disconnection from the supply of electricity of that electrical equipment or equipment of that class;\n\nS. 65(3)(h) inserted by No. 1/2017 s. 11(3)(c).\n\n(h) modifying premises on which that electrical equipment, or equipment of that class, is used or installed so the equipment is safe to use;\n\nS. 65(3)(i) inserted by No. 1/2017 s. 11(3)(c).\n\n(i) affixing warning labels to—\n\n(i) that electrical equipment or equipment of that class; or\n\n(ii) the premises on which that electrical equipment, or equipment of that class, is used or installed;\n\nS. 65(3)(j) inserted by No. 1/2017 s. 11(3)(c).\n\n(j) giving specified information to owners of premises on which that electrical equipment, or equipment of that class, is used or installed;\n\nS. 65(3)(k) inserted by No. 1/2017 s. 11(3)(c).\n\n(k) giving specified information to occupiers of premises on which that electrical equipment, or equipment of that class, is used or installed;\n\nS. 65(3)(l) inserted by No. 1/2017 s. 11(3)(c).\n\n(l) placing an advertisement containing specified information in a specified publication that is not a newspaper;\n\nS. 65(3)(m) inserted by No. 1/2017 s. 11(3)(c).\n\n(m) publishing specified information on the person's Internet site.\n\nS. 65(3A) inserted by No. 39/2005 s. 48(Sch. 1 item 7).\n\n(3A) An advertisement referred to in subsection (3)(b) must be—\n\n(a) in a form approved by Energy Safe Victoria; and\n\n(b) placed in a newspaper or newspapers—\n\n(i) specified by Energy Safe Victoria; and\n\n(ii) for a period or periods specified by Energy Safe Victoria.\n\nS. 65(4) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(4) Energy Safe Victoria may alter or revoke a requirement under this section by notice given to the person of whom the requirement was made.\n\n(5) This section applies whether or not the equipment was—\n\n(a) prescribed electrical equipment; or\n\nS. 65(5)(b) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(b) approved by Energy Safe Victoria; or\n\nS. 65(5)(c) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(c) certified by Energy Safe Victoria; or\n\n(d) approved by a prescribed authority or, under the regulations, was deemed to be approved; or\n\n(e) was certified in accordance with a prescribed method or prescribed process.\n\nS. 65(6) inserted by No. 1/2017 s. 11(4).\n\n(6) A person who is required to take action specified in a notice under this section must pay the cost of taking that action.\n\nS. 65(7) inserted by No. 1/2017 s. 11(4).\n\n(7) A requirement specified in a notice served on a person under this section does not have effect to the extent that it is inconsistent with a requirement for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).\n\nS. 66 amended by No. 1/2017 s. 12 (ILA s. 39B(1)).\n\n","sortOrder":86},{"sectionNumber":"66","sectionType":"section","heading":"Offence to fail to comply with requirement","content":"\t66 Offence to fail to comply with requirement\n\n(1) A person of whom a requirement is made under section 65 must comply with that requirement.\n\n1. In the case of a natural person, 200 penalty units or 2 years imprisonment or both;\n\nS. 66(2) inserted by No. 1/2017 s. 12.\n\n(2) A person required to give specified information to an owner or occupier under section 65(3)(j) or (k) does not commit an offence against subsection (1) if the person—\n\n(a) did not know the identity or location of the owner or occupier; and\n\n(b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and\n\n(c) could not identify or locate the owner or occupier after making reasonable inquiries.\n\nPt 4 Div. 7 (Heading and ss 67–67K) inserted by No. 43/2018 s. 10.\n\n","sortOrder":87},{"sectionNumber":"Div 7","sectionType":"division","heading":"Offences","content":"Division 7—Offences\n\nNew s. 67 inserted by No. 43/2018 s. 10.\n\n","sortOrder":88},{"sectionNumber":"67","sectionType":"section","heading":"Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment","content":"\t67 Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment\n\n(1) A responsible supplier must not supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment to a person, except in accordance with subsection (2), (3) or (4).\n\n(2) A responsible supplier may supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment if—\n\n(a) the responsible supplier—\n\n(i) is a registered responsible supplier for the purposes of this Part; or\n\n(ii) supplies or offers to supply the electrical equipment with the approval of Energy Safe Victoria; and\n\n(b) the level 2 in-scope electrical equipment or the level 3 in-scope electrical equipment—\n\n(i) is registered in the Register as electrical equipment supplied by the registered responsible supplier; or\n\n(ii) is comprised of 2 or more components or types of in-scope electrical equipment permanently attached to the electrical equipment and the electrical equipment is registered as one item; or\n\n(iii) in the case of level 3 in-scope electrical equipment, the electrical equipment is an item of prescribed in-scope electrical equipment and is for use with an item of level 1 in-scope electrical equipment, level 2 in-scope electrical equipment or level 3 in-scope electrical equipment; or\n\n(iv) is supplied or offered for supply, with the approval of Energy Safe Victoria; and\n\n(c) the level 2 in-scope electrical equipment or the level 3 in-scope electrical equipment complies with the relevant standard that applied to the electrical equipment on its registration by the registered responsible supplier; and\n\n(d) the level 2 in-scope electrical equipment or the level 3 in-scope electrical equipment is safe to be connected to an electricity supply.\n\n(3) A responsible supplier may supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment if—\n\n(a) the person who supplied the electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and\n\n(b) the electrical equipment at the time of its importation was registered as being supplied by the person under a corresponding law of New Zealand; and\n\n(c) the electrical equipment complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the person; and\n\n(d) the electrical equipment is safe to be connected to an electricity supply.\n\n(4) A responsible supplier may supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment imported by the responsible supplier from a body corporate outside of Australia if—\n\n(c) the electrical equipment is registered in the Register as electrical equipment supplied by the NZ body corporate; and\n\n(d) the electrical equipment complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the NZ body corporate; and\n\n(e) the electrical equipment is safe to be connected to an electricity supply.\n\nS. 67A inserted by No. 43/2018 s. 10.\n\n","sortOrder":89},{"sectionNumber":"67A","sectionType":"section","heading":"Offence—supply level 1 in-scope electrical equipment","content":"\t67A Offence—supply level 1 in-scope electrical equipment\n\n(1) A responsible supplier must not supply or offer to supply level 1 in-scope electrical equipment to a person, except in accordance with subsection (2), (3) or (4).\n\n(2) A responsible supplier may supply or offer to supply level 1 in-scope electrical equipment if—\n\n(a) the responsible supplier—\n\n(i) is a registered responsible supplier; or\n\n(ii) supplies or offers for supply the electrical equipment, with the approval of Energy Safe Victoria; and\n\n(b) the responsible supplier—\n\n(i) is the manufacturer of the electrical equipment and, at the time the electrical equipment was manufactured, the electrical equipment complied with the relevant standard; or\n\n(ii) is the importer of the electrical equipment and, at the time the electrical equipment was imported into a State or Territory or New Zealand, the electrical equipment complied with the relevant standard; or\n\n(iii) supplies or offers for supply the electrical equipment, with the approval of Energy Safe Victoria; and\n\n(c) the level 1 in-scope electrical equipment is safe to be connected to an electricity supply.\n\n(3) A responsible supplier may supply or offer to supply level 1 in-scope electrical equipment if—\n\n(a) the person who supplied the electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and\n\n(b) the electrical equipment at the time of its importation, was registered as being supplied by the person who supplied the electrical equipment to the responsible supplier under a corresponding law of New Zealand; and\n\n(c) the electrical equipment at the time of its importation or manufacture complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the person; and\n\n(d) the electrical equipment is safe to be connected to an electricity supply.\n\n(4) A responsible supplier may supply or offer to supply level 1 in-scope electrical equipment imported by the responsible supplier from a body corporate outside of Australia if—\n\n(c) the electrical equipment is registered in the Register as electrical equipment supplied by the NZ body corporate; and\n\n(d) the electrical equipment at the time of its importation complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the NZ body corporate; and\n\n(e) the electrical equipment is safe to be connected to an electricity supply.\n\nS. 67B inserted by No. 43/2018 s. 10.\n\n","sortOrder":90},{"sectionNumber":"67B","sectionType":"section","heading":"Offence—documentary evidence level 1 in-scope electrical equipment","content":"\t67B Offence—documentary evidence level 1 in-scope electrical equipment\n\n(1) Energy Safe Victoria may request a responsible supplier, who at any time during the relevant period has supplied or offered to supply level 1 in‑scope electrical equipment, to provide the relevant documentary evidence for the electrical equipment.\n\n(2) The responsible supplier must, within 10 business days after a request under subsection (1), supply that relevant documentary evidence.\n\n(3) For the purposes of this section, the relevant documentary evidence is—\n\n(a) documentary evidence, in English, that the level 1 in-scope electrical equipment satisfied the relevant standard—\n\n(i) in the case of a responsible supplier who is the manufacturer of the electrical equipment—that applied to the electrical equipment on its manufacture; or\n\n(ii) in the case of a responsible supplier who is the person who imported the electrical equipment—that applied on the importation of the electrical equipment; or\n\n(b) a certificate of suitability in respect of the level 1 in-scope electrical equipment.\n\n(4) Subsection (2) does not apply if—\n\n(a) the person who supplied the level 1 in‑scope electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and\n\n(b) the electrical equipment at the time of its importation was registered as being supplied by the person who supplied the electrical equipment to the responsible supplier under a corresponding law of New Zealand.\n\n(5) Subsection (2) does not apply to a responsible supplier who supplied level 1 in‑scope electrical equipment imported from a body corporate outside of Australia if—\n\n(6) In this section, ***relevant period*** in relation to level 1 in-scope electrical equipment means a period of 5 years from the date the electrical equipment is supplied by a responsible supplier.\n\nS. 67C inserted by No. 43/2018 s. 10.\n\n","sortOrder":91},{"sectionNumber":"67C","sectionType":"section","heading":"Offence—documentary evidence level 2 in-scope electrical equipment","content":"\t67C Offence—documentary evidence level 2 in-scope electrical equipment\n\n(1) Energy Safe Victoria may request a responsible supplier, who at any time during the relevant period has supplied or offered to supply level 2 in‑scope electrical equipment registered in the Register as electrical equipment supplied by the responsible supplier, to provide the relevant documentary evidence for the electrical equipment.\n\n(2) The responsible supplier must within 10 business days after a request under subsection (1) supply the relevant documentary evidence.\n\n(3) For the purposes of this section, the relevant documentary evidence is—\n\n(a) a compliance folder in English, that includes test reports completed by a prescribed testing body or a prescribed person, that is evidence that the electrical equipment satisfied the relevant standard at the date of registration of the electrical equipment by the responsible supplier; or\n\n(b) a certificate of suitability in respect of the electrical equipment.\n\n(4) Subsection (2) does not apply if—\n\n(a) the person who supplied the level 2 in‑scope electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and\n\n(b) the electrical equipment at the time of its importation, was registered as being supplied by the person who supplied the electrical equipment to the responsible supplier under a corresponding law of New Zealand.\n\n(5) Subsection (2) does not apply to a responsible supplier who supplied level 2 in‑scope electrical equipment imported from a body corporate outside of Australia if—\n\n(6) In this section, ***relevant period*** means a period beginning on the date of the registration of the electrical equipment in the Register by a responsible supplier, and ending on the date that is 5 years after the day of the expiry or the cancellation of that registration.\n\nS. 67D inserted by No. 43/2018 s. 10.\n\n","sortOrder":92},{"sectionNumber":"67D","sectionType":"section","heading":"Offence—documentary evidence level 3 in-scope electrical equipment","content":"\t67D Offence—documentary evidence level 3 in-scope electrical equipment\n\n(1) Energy Safe Victoria may request a responsible supplier, who at any time during the relevant period has supplied or offered to supply level 3 in‑scope electrical equipment or level 3 in-scope electrical equipment as a component of electrical equipment, to provide a certificate of conformity for the electrical equipment.\n\n(2) The responsible supplier must, within 10 business days after a request under subsection (1), supply the certificate of conformity in respect of the electrical equipment.\n\n(3) Subsection (2) does not apply if—\n\n(a) the person who supplied the level 3 in‑scope electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and\n\n(b) the electrical equipment at the time of its importation was registered as being supplied by the person who supplied the electrical equipment to the responsible supplier under a corresponding law of New Zealand.\n\n(4) Subsection (2) does not apply to a responsible supplier who supplied level 3 in‑scope electrical equipment or level 3 in‑scope electrical equipment as a component of electrical equipment imported from a body corporate outside of Australia if—\n\n(5) In this section, ***relevant period*** means a period beginning on the date of issue of a certificate of conformity and ending on the date that is 5 years after the date of the expiry of the certificate of conformity.\n\nS. 67E inserted by No. 43/2018 s. 10.\n\n","sortOrder":93},{"sectionNumber":"67E","sectionType":"section","heading":"Offence for holder of suspended certificate to supply or offer in-scope electrical equipment","content":"\t67E Offence for holder of suspended certificate to supply or offer in-scope electrical equipment\n\n(1) A responsible supplier must not supply or offer to supply an item of in-scope electrical equipment that is the subject of a suspended certificate of conformity or a suspended certificate of suitability.\n\n***suspended certificate of conformity*** means a certificate of conformity that is suspended under section 62I or 62M;\n\n***suspended certificate of suitability*** means a certificate of suitability that is suspended under section 61 or 62B.\n\nS. 67F inserted by No. 43/2018 s. 10.\n\n","sortOrder":94},{"sectionNumber":"67F","sectionType":"section","heading":"Offence to sell unregistered in-scope electrical equipment","content":"\t67F Offence to sell unregistered in-scope electrical equipment\n\n(1) A person must not supply or offer to supply an item of level 2 in-scope electrical equipment or level 3 in-scope electrical equipment if—\n\n(a) the item of electrical equipment was purchased by the person for the purpose of supplying it or offering it for supply to another person; and\n\n(b) on the date that the person purchased the item of electrical equipment, the electrical equipment was not registered in relation to a responsible supplier.\n\n(2) Subsection (1) does not apply to a person if—\n\n(a) after the date the person purchased the item of electrical equipment, the item of electrical equipment is registered in relation to a responsible supplier; or\n\n(b) the person is a responsible supplier of the electrical equipment; or\n\n(c) the item of electrical equipment is second‑hand equipment.\n\nS. 67G inserted by No. 43/2018 s. 10.\n\n","sortOrder":95},{"sectionNumber":"67G","sectionType":"section","heading":"Offence for person other than responsible supplier to supply or offer in-scope electrical equipment","content":"\t67G Offence for person other than responsible supplier to supply or offer in-scope electrical equipment\n\n(1) A person, other than a responsible supplier, must not supply or offer to supply an item of in-scope electrical equipment unless the item is marked with—\n\n(a) the regulatory compliance mark; or\n\n(b) an alternative mark; or\n\n(c) any other mark approved by a regulatory authority, as an alternative to the regulatory compliance mark.\n\n(2) Subsection (1) does not apply to a person  \nif the item of in-scope electrical equipment is second‑hand equipment.\n\nS. 67H inserted by No. 43/2018 s. 10.\n\n","sortOrder":96},{"sectionNumber":"67H","sectionType":"section","heading":"Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked","content":"\t67H Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked\n\nA responsible supplier must not supply or offer to supply an item of in-scope electrical equipment unless the item is marked with—\n\n(a) the regulatory compliance mark; or\n\n(b) an alternative mark; or\n\n(c) any other mark approved by a regulatory authority, as an alternative to the regulatory compliance mark.\n\nS. 67I inserted by No. 43/2018 s. 10.\n\n","sortOrder":97},{"sectionNumber":"67I","sectionType":"section","heading":"Offence to mark in-scope electrical equipment that does not satisfy relevant standard","content":"\t67I Offence to mark in-scope electrical equipment that does not satisfy relevant standard\n\n(1) A person must not mark an item of in-scope electrical equipment with the regulatory compliance mark or make a false or misleading representation that an item of in‑scope electrical equipment is marked with the regulatory compliance mark, if the electrical equipment does not satisfy the relevant standard for that item.\n\n(2) In this section, ***mark*** includes to mark the label or packaging of an item of in-scope electrical equipment with the regulatory compliance mark or an alternative mark approved by Energy Safe Victoria or another regulatory authority.\n\nS. 67J inserted by No. 43/2018 s. 10.\n\n","sortOrder":98},{"sectionNumber":"67J","sectionType":"section","heading":"Offence for person to offer in-scope electrical equipment for hire","content":"\t67J Offence for person to offer in-scope electrical equipment for hire\n\nA person must not offer for hire an item of in‑scope electrical equipment unless—\n\n(a) the item of in-scope electrical equipment is safe to be connected to an electricity supply; and\n\n(b) the person ensures the item of in-scope electrical equipment satisfies the prescribed requirements for the testing, labelling or tagging of the item of in‑scope electrical equipment.\n\nS. 67K inserted by No. 43/2018 s. 10.\n\n","sortOrder":99},{"sectionNumber":"67K","sectionType":"section","heading":"Offence to supply second-hand equipment that is in‑scope electrical equipment to another person","content":"\t67K Offence to supply second-hand equipment that is in‑scope electrical equipment to another person\n\nA person, other than a responsible supplier, must not supply or offer to supply second-hand equipment that is an item of in‑scope electrical equipment, unless the person ensures the item of in-scope electrical equipment satisfies the prescribed requirements for the testing, labelling or tagging of the item of in-scope electrical equipment.\n\n","sortOrder":100},{"sectionNumber":"Part 5","sectionType":"part","heading":"Energy efficiency","content":"Part 5—Energy efficiency\n\nS. 67 repealed by No. 57/2009 s. 6.\n\nS. 68 amended by No. 38/2000 s. 18(d), substituted by No. 57/2009 s. 7.\n\n","sortOrder":101},{"sectionNumber":"68","sectionType":"section","heading":"Prescribed electrical equipment not to be supplied unless registered and labelled","content":"\t68 Prescribed electrical equipment not to be supplied unless registered and labelled\n\n(1) A person must not supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment.\n\n(2) A person must not offer to supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment.\n\nS. 68A inserted by No. 57/2009 s. 7.\n\n","sortOrder":102},{"sectionNumber":"68A","sectionType":"section","heading":"Exemptions from energy efficiency","content":"\t68A Exemptions from energy efficiency\n\n(1) Energy Safe Victoria, on the application of a supplier of energy efficiency electrical equipment, or on its own initiative, may exempt that equipment for the purposes of section 68.\n\n(2) An exemption must be published in the Government Gazette.\n\n(3) An exemption may be subject to any conditions specified by Energy Safe Victoria in the exemption.\n\n(4) An exemption takes effect on the day specified in the exemption.\n\n(5) In the case of an application under subsection (1), the application must—\n\n(b) contain details of—\n\n(i) the applicant's name, telephone number, and business and postal address; and\n\n(ii) the exemption requested; and\n\n(iii) the reasons for the exemption; and\n\n(c) be accompanied by—\n\n(i) any relevant technical information; and\n\n(ii) the prescribed application fee.\n\n(6) Energy Safe Victoria may, at any time, by notice published in the Government Gazette, revoke an exemption.\n\n(7) As soon as is practicable after an exemption or revocation under this section is made, Energy Safe Victoria must notify the applicant in writing of the exemption or revocation.\n\nPt 6 (Heading and ss 69–74) amended by Nos 89/1998 s. 13(1)(2), 69/2000 s. 26, substituted as Pt 6 (Heading and s. 69) by No. 24/2002 s. 4.\n\n","sortOrder":103},{"sectionNumber":"Part 6","sectionType":"part","heading":"Rights of review","content":"Part 6—Rights of review\n\nS. 69 substituted by No. 24/2002 s. 4.\n\n","sortOrder":104},{"sectionNumber":"69","sectionType":"section","heading":"Applications to review","content":"\t69 Applications to review\n\nS. 69(1) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(1) A person who is aggrieved by a decision of Energy Safe Victoria set out in subsection (2) may apply to the Tribunal for review of the decision.\n\n(2) An application for review may be made to the Tribunal in relation to the following—\n\n(a) a decision under Part 3—\n\n(i) to refuse to register or renew the registration of an electrical contractor; or\n\nS. 69(2)(a)(ia) inserted by No. 13/2025 s. 48(1).\n\n(ia) to immediately suspend the registration of an electrical contractor; or\n\n(ii) to take disciplinary action in respect of a registered electrical contractor; or\n\n(iii) to refuse to license or renew the licence of an electrical worker; or\n\nS. 69(2)(a)(iiia) inserted by No. 13/2025 s. 48(2).\n\n(iiia) to immediately suspend the licence of an electrical worker; or\n\n(iv) to take disciplinary action in respect of a licensed electrical worker; or\n\n(v) to refuse to supply a certificate of electrical safety form to a registered electrical contractor, a licensed electrical installation worker or a prescribed person under section 45B(1);\n\nS. 69(2)(b) substituted by No. 43/2018 s. 11.\n\n(b) a decision under Part 4—\n\n(i) to cancel the registration of a responsible supplier; or\n\n(ii) to cancel the registration of level 2 in‑scope electrical equipment registered to a responsible supplier; or\n\n(iii) to cancel the registration of level 3 in‑scope electrical equipment registered to a responsible supplier; or\n\n(iv) to refuse to issue a certificate of suitability; or\n\n(v) to refuse to issue a certificate of conformity; or\n\n(vi) to vary a certificate of conformity; or\n\n(vii) to refuse to vary a certificate of conformity; or\n\n(viii) to cancel a certificate of conformity; or\n\n(ix) to vary a certificate of suitability; or\n\n(x) to refuse to vary a certificate of conformity; or\n\n(xi) to cancel a certificate of suitability; or\n\n(xii) to suspend a certificate of conformity or a certificate of suitability;\n\n(c) a prohibition under section 63;\n\n(d) a requirement under section 65;\n\n(e) a decision under the regulations under Part 5—\n\nS. 69(2)(e)(i) amended by No. 57/2009 s. 8(1).\n\n(i) to refuse to register energy efficiency electrical equipment; or\n\nS. 69(2)(e)(ii) amended by No. 57/2009 s. 8(2).\n\n(ii) to cancel the registration of energy efficiency electrical equipment; or\n\nS. 69(2)(f) inserted by No. 57/2009 s. 8(3).\n\n(f) a decision under section 68A—\n\n(i) to exempt energy efficiency electrical equipment from the regulations; or\n\n(ii) to revoke an exemption.\n\nS. 69(2A) inserted by No. 61/2007 s. 15(1).\n\n(2A) A person to whom a rectification notice is given may apply to the Tribunal for review of either or both of the following—\n\n(a) the decision to give the notice;\n\n(b) any requirement contained in the notice.\n\n(3) A person to whom a direction is given under section 141 may apply to the Tribunal for review of the direction if compliance with it—\n\n(a) would impose a significant financial burden on the person;\n\n(b) would prevent the person from complying with any obligations under a licence issued under Part 2 of the **Electricity Industry Act 2000**.\n\nS. 69(4) amended by No. 13/2025 s. 48(3).\n\n(4) A person to whom an improvement notice or a prohibition notice is issued under Part 12 may apply to the Tribunal for review of either or both of the following—\n\n(a) the decision to issue the notice;\n\n(b) any requirement contained in the notice.\n\nS. 69(5) amended by No. 61/2007 s. 15(2)(a).\n\n(5) An application for review under subsection (2A), (3) or (4) must be made within 7 days after the later of—\n\nS. 69(5)(a) amended by Nos 61/2007 s. 15(2)(b), 13/2025 s. 48(4).\n\n(a) the day on which the improvement notice, prohibition notice, direction or rectification notice (as the case requires) is received by the person making the application; or\n\n(b) if, under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\n(6) Any other application for review under this section must be made within 28 days after the later of—\n\n(a) the day on which notice of the decision is received by the person; or\n\n(b) if, under section 45 of the **Victorian Civil and Administrative Tribunal Act 1998**, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.\n\nS. 69(7) repealed by No. 61/2007 s. 15(3).\n\nSs 70–74 repealed by No. 24/2002 s. 4.\n\nPt 7 (Heading) inserted by No. 57/2009 s. 9.\n\n","sortOrder":105},{"sectionNumber":"Part 7","sectionType":"part","heading":"Underground electric lines and owners or operators of","content":"Part 7—Underground electric lines and owners or operators of  \ncomplex electrical installations\n\nS. 75 amended by No. 61/2007 s. 12(3), substituted by No. 57/2009 s. 10.\n\n","sortOrder":106},{"sectionNumber":"75","sectionType":"section","heading":"General duties of owners or operators of complex electrical installations and railways","content":"\t75 General duties of owners or operators of complex electrical installations and railways\n\nS. 75(1) substituted by No. 22/2023 s. 6.\n\n(1) An owner or operator of a complex electrical installation must design, construct, operate, maintain and decommission the installation to minimise as far as practicable—\n\n(a) the hazards and risks to the safety of any person arising from the installation; and\n\n(b) the hazards and risks of damage to the property of any person arising from the installation; and\n\n(c) the bushfire danger arising from the installation.\n\nS. 75(2) substituted by No. 22/2023 s. 6.\n\n(2) An owner or operator of a railway must design, construct, operate, maintain and decommission the supply network of the railway to minimise as far as practicable—\n\n(a) the hazards and risks to the safety of any person arising from the supply network; and\n\n(b) the hazards and risks of damage to the property of any person arising from the supply network; and\n\n(c) the bushfire danger arising from the supply network.\n\n","sortOrder":107},{"sectionNumber":"76","sectionType":"section","heading":"Underground electric lines","content":"\t76 Underground electric lines\n\nS. 76(1) amended by No. 61/2007 s. 12(3).\n\n(1) A person who controls an underground electric line on public land (other than an electric line forming part of a railway)—\n\n(a) must maintain a record of that underground electric line; and\n\n(b) before the line is connected to an electricity supply or within 2 business days after relocating the line, give sufficient information to enable every cable of the line to be located and identified to—\n\nS. 76(1)(b)(i) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(i) a person or body specified by Energy Safe Victoria as the asset recording service for the area in which the line is located; or\n\n(ii) if no such person or body is so specified, the distribution company for that area.\n\n1. 75 penalty units.\n\nS. 76(2) amended by No. 61/2007 s. 12(3).\n\n(2) A person who operates a railway must keep a register containing sufficient information to enable every cable of the underground electric lines that are under the control of that person to be located and identified.\n\nS. 76(3) amended by No. 61/2007 s. 12(3).\n\n(3) A person who operates a railway must ensure that the register kept under subsection (3) is available for inspection by the public during normal business hours.\n\n","sortOrder":108},{"sectionNumber":"77","sectionType":"section","heading":"Underground electric lines—obligations of distribution companies","content":"\t77 Underground electric lines—obligations of distribution companies\n\n(1) A distribution company must keep a register containing sufficient information to enable every cable of the underground electric lines that are under its control within its distribution area to be located and identified.\n\n1. 75 penalty units.\n\n(2) A distribution company must record in a register kept under subsection (1) any information that is given to it under section 76 within 7 days after receiving that information.\n\n(3) A distribution company must ensure that the register kept under this section is available for inspection by the public during normal business hours.\n\n","sortOrder":109},{"sectionNumber":"78","sectionType":"section","heading":"Protection of underground electric lines","content":"\t78 Protection of underground electric lines\n\nA person must not make any opening in the ground above an underground electric line so as to endanger the electric line unless authorised to do so by the person who controls that electric line.\n\n1. In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\nPt 8 (Heading) amended by No. 55/2010 s. 16.\n\n","sortOrder":110},{"sectionNumber":"Part 8","sectionType":"part","heading":"Bushfire mitigation requirements for","content":"Part 8—Bushfire mitigation requirements for  \ncertain operators and electric line clearance\n\nDivision 1—General\n\n","sortOrder":111},{"sectionNumber":"79","sectionType":"section","heading":"Urban area","content":"\t79 Urban area\n\nThe Minister, by notice published in the Government Gazette, may specify an area as an urban area for the purposes of this Part, if the Minister has obtained the agreement of—\n\n(a) the fire control authority; and\n\n(b) any person responsible for the management of public land in the area.\n\n","sortOrder":112},{"sectionNumber":"80","sectionType":"section","heading":"Fire hazard rating","content":"\t80 Fire hazard rating\n\nA fire control authority—\n\nS. 80(a) substituted by No. 24/2002 s. 5.\n\n(a) may assign a fire hazard rating of \"low\" or \"high\" to any area of land for the purposes of this Act or the regulations; and\n\n(b) must give notice in writing of that rating to the Minister and every person responsible for the management of public land in any part of the area as soon as practicable after the rating is assigned.\n\n","sortOrder":113},{"sectionNumber":"81","sectionType":"section","heading":"Declared area in urban area","content":"\t81 Declared area in urban area\n\n1. The Governor in Council, by Order published in the Government Gazette, may declare an area of land in an urban area for the purposes of this Part.\n\nS. 81(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) An Order under subsection (1) must contain a description sufficient to identify the land concerned which may include a description by reference to a map held by Energy Safe Victoria.\n\nS. 81(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(3) Energy Safe Victoria must make a copy of any map referred to in an Order under subsection (1) available at its office during business hours for any person to inspect free of charge.\n\n","sortOrder":114},{"sectionNumber":"82","sectionType":"section","heading":"Operation of Part","content":"\t82 Operation of Part\n\n(1) If a provision of this Part or of a regulation made for the purposes of this Part is, with respect to a particular subject-matter, inconsistent with a provision—\n\n(a) of this or any other Act or law or of a regulation, rule, by-law or Order made under this or any other Act; or\n\n(b) of any agreement—\n\nthe provision of this Part or of the regulation (as the case may be) prevails and that other provision is, to the extent of the inconsistency, of no force or effect.\n\n(2) It is declared that this Part does not impose any other duty of care upon a municipality than the duty of care which that municipality would have had at law if this Part had not been enacted.\n\n","sortOrder":115},{"sectionNumber":"83","sectionType":"section","heading":"Point of supply","content":"\t83 Point of supply\n\n(1) If, in relation to a private electric line, the relevant distribution company is of the opinion that the point of supply as determined in accordance with the definition in section 3 is not appropriate, the relevant distribution company must determine the point of supply.\n\n(2) If, in relation to a private electric line, the responsible person is of the opinion that the point of supply as determined in accordance with section 3 is not appropriate, the responsible person may ask the relevant distribution company to determine the point of supply.\n\n(3) The relevant distribution company must notify the responsible person of a determination made under subsection (1) or (2) within 14 days of making it.\n\nS. 83(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(4) The responsible person may within 21 days of receiving a notification under subsection (3) object to the determination to Energy Safe Victoria on the grounds that the determination is not reasonable.\n\nS. 83(5) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(5) Energy Safe Victoria must consider the objection and may vary or revoke the determination under subsection (1) or (2).\n\nS. 83(6) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(6) If the relevant distribution company fails to make a determination under subsection (2) within 30 days after a request is made under that subsection, the responsible person may refer the matter to Energy Safe Victoria for determination.\n\nS. 83(7) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(7) Energy Safe Victoria must consider a matter referred under subsection (6) and must determine the point of supply.\n\nS. 83(8) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(8) Energy Safe Victoria, at the request of the responsible person or the relevant distribution company, may vary or revoke a determination under subsection (7).\n\n(9) A determination made under subsection (1) or (2) may be varied or revoked by the relevant distribution company in the same manner as a determination is made and is subject to the same procedures as for a determination.\n\nS. 83(10) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(10) A determination made under subsection (1), (2) or (7) takes effect from the date of the determination by the relevant distribution company or Energy Safe Victoria and any variation or revocation of the determination under subsection (5), (8) or (9) takes effect from the date of the variation or revocation.\n\nPt 8 Div. 1A (Heading and ss 83A, 83B) inserted by No. 38/2000 s. 19, amended by Nos 69/2000 s. 27, 13/2001 s. 11, 39/2005 s. 48(Sch. 1 item 2), substituted by No. 55/2010 s. 17.\n\n","sortOrder":116},{"sectionNumber":"Div 1A","sectionType":"division","heading":"Bushfire mitigation requirements for certain operators of at-risk electric lines","content":"Division 1A—Bushfire mitigation requirements for certain operators of at-risk electric lines\n\n","sortOrder":117},{"sectionNumber":"Subdiv 1","sectionType":"subdivision","heading":"Interpretation","content":"Subdivision 1—Interpretation\n\nS. 83A substituted by No. 55/2010 s. 17.\n\n","sortOrder":118},{"sectionNumber":"83A","sectionType":"section","heading":"Definitions","content":"\t83A Definitions\n\nIn this Division—\n\n***at-risk electric line*** means an electric line (other than a private electric line) that is—\n\n(a) above the surface of land; and\n\n(b) in a hazardous bushfire risk area;\n\n***specified operator*** means the operator of an at-risk electric line but does not include a major electricity company.\n\n","sortOrder":119},{"sectionNumber":"Subdiv 2","sectionType":"subdivision","heading":"General duties in relation to bushfire mitigation plans","content":"Subdivision 2—General duties in relation to bushfire mitigation plans\n\nS. 83B substituted by No. 55/2010 s. 17.\n\n","sortOrder":120},{"sectionNumber":"83B","sectionType":"section","heading":"General duty of specified operators to minimise bushfire danger","content":"\t83B General duty of specified operators to minimise bushfire danger\n\nS. 83B(1) amended by No. 22/2023 s. 7.\n\n(1) A specified operator must design, construct, operate, maintain and decommission an at-risk electric line to minimise as far as practicable the bushfire danger arising from that line.\n\n1. In the case of a natural person, 1800 penalty units;\n\n(2) It is a defence to a prosecution of a specified operator for an offence relating to a breach of a duty or obligation set out in subsection (1) if the operator has complied with the accepted bushfire mitigation plan in relation to that duty or obligation.\n\nS. 83BA inserted by No. 55/2010 s. 17.\n\n\t83BA Submission of bushfire mitigation plans for acceptance\n\nS. 83BA(1) amended by No. 22/2023 s. 8, substituted by No. 13/2025 s. 4(1).\n\n(1) Before a submission day, a specified operator must prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a plan for the operator's proposals for mitigation of bushfire in relation to the operator's at‑risk electric lines.\n\n(2) A bushfire mitigation plan under subsection (1)—\n\n(a) must be in or to the effect of a form approved by Energy Safe Victoria; and\n\n(b) must include the prescribed particulars.\n\n(3) A specified operator must cause a copy of an accepted bushfire mitigation plan to be available for inspection—\n\n(a) on the operator's Internet site; and\n\n(b) at the operator's principal office in the State during ordinary business hours.\n\nS. 83BA(4) inserted by 13/2025 s. 4(2).\n\n***commencement day*** means the day on which Division 1 of Part 2 of the **Energy and Land Legislation Amendment (Energy Safety) Act 2025** comes into operation;\n\n***submission day***, in relation to the specified operator of at‑risk electric lines, means—\n\n(a) if an accepted bushfire mitigation plan applies to the at‑risk electric lines immediately before the commencement day, the day that is 5 years after the most recent acceptance of that plan (whether that acceptance is before, on or after the commencement day); or\n\n(b) in any other case—\n\n(i) 1 July immediately preceding the specified bushfire risk period in which the specified operator proposes to first operate the at‑risk electric lines; or\n\n(ii) the day that is 5 years after the most recent acceptance of the bushfire mitigation plan that applies to the at‑risk electric lines.\n\nS. 83BB inserted by No. 55/2010 s. 17.\n\n\t83BB Compliance with bushfire mitigation plan\n\nS. 83BB(1) amended by No. 22/2023 s. 9.\n\n(1) During the specified bushfire risk period, a specified operator must not commence to commission, or operate, an at-risk electric line unless a bushfire mitigation plan that applies to the operator's at-risk electric lines has been accepted or provisionally accepted under Subdivision 3.\n\nS. 83BB(2) amended by No. 22/2023 s. 9.\n\n(2) A specified operator must comply with an accepted bushfire mitigation plan that applies to the operator's at-risk electric lines.\n\n(3) Subsection (1) does not apply to a specified operator who has a reasonable excuse.\n\n(4) For the purposes of subsection (1), it is a reasonable excuse for a specified operator not to comply with subsection (1) if—\n\n(a) there is no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines; and\n\n(b) the reason for there being no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines is that—\n\n(i) Energy Safe Victoria failed to accept the operator's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria; and\n\n(ii) that failure arose because of unreasonable delay on Energy Safe Victoria's part.\n\n(5) For the purposes of subsection (1), it is not a reasonable excuse for a specified operator not to comply with subsection (1) if—\n\n(a) there is no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines; and\n\n(b) the reason for there being no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines is that—\n\n(i) Energy Safe Victoria failed to accept the operator's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the operator that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or\n\n(ii) Energy Safe Victoria has not accepted a plan under section 83BG.\n\n(6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse.\n\nS. 83BBA inserted by No. 13/2025 s. 5.\n\n\t83BBA Revision of bushfire mitigation plan required in certain circumstances\n\n(1) A specified operator must prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a revised bushfire mitigation plan as soon as practicable if—\n\n(a) developments in technical knowledge or the assessment of hazards relevant to the at‑risk electric lines make it appropriate to revise the accepted bushfire mitigation plan; or\n\n(b) a proposed modification to the at‑risk electric lines will result in an increase in the overall level of risk to the safety of any person or property arising from the at‑risk electric lines; or\n\n(c) a proposed modification to the work practices covered by the accepted bushfire mitigation plan will result in an increase in the levels of risk to the safety of any person or property arising from at‑risk electric lines; or\n\n(d) the specified operator proposes to make a change to the accepted bushfire mitigation plan.\n\n(2) The revised bushfire mitigation plan must—\n\n(a) be in or to the effect of a form approved by Energy Safe Victoria; and\n\n(b) include either—\n\n(i) any prescribed particulars; or\n\n(ii) if no particulars are prescribed for the purposes of this subsection, any particulars prescribed for the purposes of section 83BA(2)(b).\n\nS. 83BBB inserted by No. 13/2025 s. 5.\n\n\t83BBB Energy Safe Victoria may request submission of a revised bushfire mitigation plan\n\n(1) Energy Safe Victoria may at any time request a specified operator to submit a revised bushfire mitigation plan in relation to the operator's at‑risk electric lines for acceptance under Subdivision 3.\n\n(iii) the period (being not less than 60 days) within which the specified operator must submit the revised bushfire mitigation plan; and\n\n(iv) the grounds for the request; and\n\n(v) any other prescribed matter.\n\n(3) The specified operator to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—\n\n(a) that the revision should not occur;\n\n(b) that the revision should be in different terms from the proposed terms;\n\n(c) that the revision should take effect on a later date than the proposed date of effect of the revision.\n\n(4) A submission under subsection (3) must—\n\n(b) state the specified operator's reasons for the submission; and\n\n(c) be made within 21 days, or any later period that Energy Safe Victoria allows, after the request is received.\n\n(5) If a specified operator makes a submission under this section, Energy Safe Victoria must decide—\n\n(a) to accept the submission or part of the submission and vary or withdraw the request accordingly; or\n\n(b) to reject the submission.\n\n(6) Energy Safe Victoria must give the specified operator notice in writing of—\n\n(a) its decision on the submission; and\n\n(b) the reasons for that decision; and\n\n(c) if Energy Safe Victoria decides not to withdraw the request for a revised bushfire mitigation plan, the period (being not less than 60 days) within which the specified operator must submit the revised bushfire mitigation plan.\n\n(7) A revised bushfire mitigation plan submitted in response to a request under subsection (1) must—\n\n(a) be in or to the effect of a form approved by Energy Safe Victoria; and\n\n(b) include either—\n\n(i) any prescribed particulars; or\n\n(ii) if no particulars are prescribed for the purposes of this subsection, any particulars prescribed for the purposes of section 83BA(2)(b).\n\nS. 83BBC inserted by No. 13/2025 s. 5.\n\n\t83BBC Offence to fail to submit revised bushfire mitigation plan on request\n\nIf Energy Safe Victoria requests a specified operator to submit a revised bushfire mitigation plan in accordance with section 83BBB, the specified operator must submit a revised bushfire mitigation plan to Energy Safe Victoria—\n\n(a) if the specified operator does not make a submission under that section, within the time specified by Energy Safe Victoria in the request under section 83BBB(2); or\n\n(b) if the specified operator makes a submission under section 83BBB and Energy Safe Victoria does not withdraw the request, within the time specified in the notice under section 83BBB(6).\n\nS. 83BBD inserted by No. 13/2025 s. 5.\n\n\t83BBD Offence to modify matters related to bushfire mitigation plans in certain circumstances\n\nA specified operator must not—\n\n(a) undertake or permit a modification of an at‑risk electric line that has the potential to increase the overall levels of risk to the safety of any person or property arising from the at‑risk electric line; or\n\n(b) make any change to an accepted bushfire mitigation plan in relation to an at‑risk electric line—\n\nunless Energy Safe Victoria has accepted a revision of the accepted bushfire mitigation plan in relation to that matter for that at‑risk electric line.\n\nPenalty: In the case of a natural person, 1200 penalty units;\n\nSubdivision 3—Acceptance and validation of bushfire mitigation plans\n\nS. 83BC (Heading) amended by No. 13/2025 s. 6(1).\n\nS. 83BC inserted by No. 55/2010 s. 17.\n\n\t83BC Validation of bushfire mitigation plans and revised bushfire mitigation plans\n\nS. 83BC(1) amended by No. 13/2025 s. 6(2).\n\n(1) If a bushfire mitigation plan or revised bushfire mitigation plan has been submitted by a specified operator under section 83BA, 83BBA or 83BBB, Energy Safe Victoria may require the operator to obtain an independent validation of that plan or any part of that plan.\n\nS. 83BC(2) amended by No. 13/2025 s. 6(3).\n\n(2) The specified operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a bushfire mitigation plan or revised bushfire mitigation plan has the necessary competence and ability and access to information to arrive at an independent opinion in respect of the plan.\n\nS. 83BC(3) amended by No. 13/2025 s. 6(4).\n\n(3) If Energy Safe Victoria requires a specified operator to provide an independent validation of a bushfire mitigation plan, a revised bushfire mitigation plan or part of a bushfire mitigation plan or revised bushfire mitigation plan, the costs of that validation must be borne by the operator.\n\nS. 83BC(4) amended by No. 13/2025 s. 6(5).\n\n(4) Energy Safe Victoria is not required to proceed with the consideration of a bushfire mitigation plan or revised bushfire mitigation plan under this Subdivision until the independent validation is provided.\n\nS. 83BD inserted by No. 55/2010 s. 17.\n\n\t83BD Additional information\n\nS. 83BD(1) amended by No. 13/2025 s. 7(1).\n\n(1) Energy Safe Victoria may require a specified operator to provide any additional information that Energy Safe Victoria thinks fit in relation to a bushfire mitigation plan or revised bushfire mitigation plan submitted by the operator under section 83BA, 83BBA or 83BBB.\n\nS. 83BD(2) amended by No. 13/2025 s. 7(2).\n\n(2) Energy Safe Victoria is not required to proceed with the consideration of a bushfire mitigation plan or revised bushfire mitigation plan under this Subdivision until the additional information is provided.\n\nS. 83BE (Heading) amended by No. 13/2025 s. 8(1).\n\nS. 83BE inserted by No. 55/2010 s. 17.\n\n\t83BE Acceptance of bushfire mitigation plans and revised bushfire mitigation plans\n\nS. 83BE(1) amended by No. 13/2025 s. 8(2).\n\n(1) Energy Safe Victoria must consider a bushfire mitigation plan or revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB with as much expedition as the requirements of this Act and the regulations and the proper consideration of the plan permit.\n\nS. 83BE(2) amended by No. 13/2025 s. 8(3).\n\n(2) Energy Safe Victoria must accept a bushfire mitigation plan or a revised bushfire mitigation plan referred to in subsection (1) if it is satisfied that the plan is appropriate for the at‑risk electric lines to which it relates.\n\nS. 83BE(2A) inserted by No. 13/2025 s. 8(4).\n\n(2A) If an accepted bushfire mitigation plan applies to a specified operator's at‑risk electric lines, the accepted plan remains in force until the day on which Energy Safe Victoria accepts a subsequently submitted bushfire mitigation plan or revised bushfire mitigation plan.\n\nS. 83BE(3) substituted by No. 13/2025 s. 8(5).\n\n(3) Energy Safe Victoria must notify the specified operator in writing—\n\n(a) of its decision to accept a bushfire mitigation plan or a revised bushfire mitigation plan; and\n\n(b) the date on which Energy Safe Victoria accepted the bushfire mitigation plan or the revised bushfire mitigation plan; and\n\n(c) the date by  which the specified operator must submit the next bushfire mitigation plan to Energy Safe Victoria for acceptance.\n\nS. 83BE(4) inserted by No. 13/2025 s. 8(5).\n\n***acceptance***  includes, in the case of an accepted bushfire mitigation plan in force immediately before the day on which Division 1 of Part 2 of the **Energy and Land Legislation Amendment (Energy Safety) Act 2025** comes into operation, an acceptance of the bushfire mitigation plan that occurs before that day.\n\nS. 83BF (Heading) amended by No. 13/2025 s. 9(1).\n\nS. 83BF inserted by No. 55/2010 s. 17.\n\n\t83BF Provisional acceptance of bushfire mitigation plan or revised bushfire mitigation plan\n\nS. 83BF(1) amended by No. 13/2025 s. 9(2).\n\n(1) Energy Safe Victoria may provisionally accept a bushfire mitigation plan or a revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB if it is satisfied that the plan will minimise the bushfire danger arising from the at-risk electric lines to which the plan applies.\n\nS. 83BF(2) amended by No. 13/2025 s. 9(3).\n\n(2) Energy Safe Victoria must notify the operator that submitted the bushfire mitigation plan or the revised bushfire mitigation plan, in writing, of its decision to provisionally accept the plan.\n\n(3) The notice of provisional acceptance must state—\n\n(a) the period that the provisional acceptance will be in force; and\n\nS. 83BF(3)(b) amended by No. 13/2025 s. 9(4).\n\n(b) the extent to which the bushfire mitigation plan or the revised bushfire mitigation plan has been accepted; and\n\n(c) any limitations or conditions which will apply in respect of the accepted bushfire mitigation plan or part of the plan.\n\nS. 83BG (Heading) amended by No. 13/2025 s. 10(1).\n\nS. 83BG inserted by No. 55/2010 s. 17.\n\n\t83BG Non-acceptance of bushfire mitigation plan or revised bushfire mitigation plan\n\nS. 83BG(1) amended by No. 13/2025 s. 10(2).\n\n(1) If Energy Safe Victoria does not accept or provisionally accept a bushfire mitigation plan or a revised bushfire mitigation plan submitted to it under section 83BA, 83BBA or 83BBB, it must—\n\n(a) notify the specified operator that submitted the plan in writing of the non-acceptance; and\n\nS. 83BG(1)(b) amended by No. 13/2025 s. 10(3).\n\n(b) give the operator an opportunity to modify and re-submit the bushfire mitigation plan or the revised bushfire mitigation plan.\n\nS. 83BG(2) amended by No. 13/2025 s. 10(4).\n\n(2) A modified bushfire mitigation plan or revised bushfire mitigation plan must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).\n\nS. 83BG(3) amended by No. 13/2025 s. 10(5).\n\n(3) If, after considering any modified bushfire mitigation plan or modified revised bushfire mitigation plan submitted under this section, Energy Safe Victoria decides not to accept the plan, Energy Safe Victoria must give notice in writing of that decision to the specified operator that submitted the plan.\n\n(4) A notice under this section must be accompanied by a statement of the reasons for the decision.\n\nS. 83BH inserted by No. 55/2010 s. 17.\n\n\t83BH Energy Safe Victoria may determine bushfire mitigation plan\n\n(1) Energy Safe Victoria may determine the bushfire mitigation plan which is to apply in relation to a specified operator's at-risk electric lines.\n\n(2) Energy Safe Victoria may make a determination under subsection (1) if—\n\nS. 83BH(2)(a) amended by No. 13/2025 s. 11(1)(a).\n\n(a) a specified operator fails to submit a bushfire mitigation plan or revised bushfire mitigation plan under section 83BA, 83BBA or 83BBB that relates to the operator's at‑risk electric lines; or\n\nS. 83BH(2)(b) amended by No. 13/2025 s. 11(1)(b).\n\n(b) Energy Safe Victoria has decided not to accept a bushfire mitigation plan or revised bushfire mitigation plan submitted under section 83BA, 83BBA or 83BBB that relates to a specified operator's at-risk electric lines.\n\n(3) If Energy Safe Victoria determines the bushfire mitigation plan to apply to a specified operator's at-risk electric lines under this section, Energy Safe Victoria must give notice in writing to the operator of that determination.\n\n(4) On notice being given to the specified operator under subsection (3), the bushfire mitigation plan determined by Energy Safe Victoria is taken for the purposes of this Act to be the accepted bushfire mitigation plan for that operator's at-risk electric lines.\n\nS. 83BH(5) amended by No. 13/2025 s. 11(2).\n\n(5) Nothing in subsection (4) prevents a specified operator from submitting a bushfire mitigation plan or revised bushfire mitigation plan under section 83BA, 83BBA or 83BBB in relation to the operator's at-risk electric lines for acceptance under this Subdivision.\n\nS. 83BI inserted by No. 55/2010 s. 17, repealed by No. 13/2025 s. 12.\n\nS. 83BJ inserted by No. 55/2010 s. 17.\n\n\t83BJ Compliance audits for accepted bushfire mitigation plans—independent audits\n\n(1) Energy Safe Victoria may require a specified operator—\n\n(a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the operator's compliance with an accepted bushfire mitigation plan; and\n\n(2) The specified operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the operator and the accepted bushfire mitigation plan to enable an independent audit to be carried out.\n\n(3) If Energy Safe Victoria requires a specified operator to obtain an independent audit under this section, the costs of that audit must be borne by the operator.\n\n(4) A specified operator must comply with a requirement of Energy Safe Victoria under this section.\n\nS. 83BK inserted by No. 55/2010 s. 17.\n\n\t83BK Compliance audits—Energy Safe Victoria\n\nEnergy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a specified operator is satisfactorily complying with an accepted bushfire mitigation plan.\n\nDivision 2—Responsibility for maintenance of lines\n\nPt 8 Div. 2 Subdiv. 1 (Heading) inserted by No. 2/2014 s. 6(1).\n\nSubdivision 1—Persons responsible for maintaining lines\n\nS. 84 amended by No. 12/2004 s. 155, substituted by No. 2/2014 s. 7.\n\n","sortOrder":121},{"sectionNumber":"84","sectionType":"section","heading":"Requirement to keep trees clear of electric lines—distribution companies","content":"\t84 Requirement to keep trees clear of electric lines—distribution companies\n\nA distribution company is responsible for  the keeping of the whole or any part of a tree clear of an electric line within its distribution area unless under this Subdivision another person is responsible for—\n\n(a) the maintenance of the line; or\n\n(b) the keeping of the whole or any part of a tree clear of the line.\n\nSection 3 defines ***maintenance*** in relation to an electric line or a private electric line as including the keeping of the whole or any part of a tree clear of the line.\n\nS. 84A inserted by No. 2/2014 s. 7.\n\n","sortOrder":122},{"sectionNumber":"84A","sectionType":"section","heading":"Requirement to maintain line—occupiers of land with private or low voltage electric lines","content":"\t84A Requirement to maintain line—occupiers of land with private or low voltage electric lines\n\n(1) An occupier of land above or below the surface of which there is a private electric line is responsible for the maintenance of that line.\n\nSection 3 defines ***maintenance*** in relation to a private electric line as including the keeping of the whole or any part of a tree clear of the line.\n\n(2) An occupier of land on which there is a low voltage electric line which solely services that land is responsible for the keeping of the whole or any part of a tree situated on the land clear of that line.\n\nS. 84B inserted by No. 2/2014 s. 7.\n\n","sortOrder":123},{"sectionNumber":"84B","sectionType":"section","heading":"Requirement to keep trees clear of private electric lines—occupiers of contiguous land","content":"\t84B Requirement to keep trees clear of private electric lines—occupiers of contiguous land\n\n(1) An occupier of land that is contiguous to land on which there is a private electric line is responsible for the keeping of the whole or any part of a tree situated on the occupier's land clear of the line.\n\n(2) For the purposes of this section, the occupier may enter onto the land on which there is a private electric line and perform any acts necessary to keep a tree clear of the line.\n\nS. 84C inserted by No. 2/2014 s. 7.\n\n","sortOrder":124},{"sectionNumber":"84C","sectionType":"section","heading":"Requirement to keep trees clear of electric lines—Councils","content":"\t84C Requirement to keep trees clear of electric lines—Councils\n\nA Council responsible for the management of public land in an area of land declared under section 81 is responsible for the keeping of the whole or any part of a tree situated on that land clear of an electric line that is not a private electric line.\n\nS. 84D inserted by No. 2/2014 s. 7.\n\n","sortOrder":125},{"sectionNumber":"84D","sectionType":"section","heading":"Requirement to keep trees clear of electric lines—other persons","content":"\t84D Requirement to keep trees clear of electric lines—other persons\n\nA person (other than a distribution company) who owns or operates an electric line, or installs or uses an electric line under an Act of the Commonwealth, is responsible for the keeping of the whole or any part of a tree clear of the electric line.\n\nPt 8 Div. 2 Subdiv. 2 (Heading) inserted by No. 2/2014 s. 6(2).\n\nSubdivision 2—Other matters\n\n","sortOrder":126},{"sectionNumber":"85","sectionType":"section","heading":"Exercise of powers with respect to lines","content":"\t85 Exercise of powers with respect to lines\n\nS. 85 amended by Nos 62/2001 s. 75, 39/2005 s. 48(Sch. 1 item 1).\n\nEnergy Safe Victoria or the relevant distribution company or the relevant transmission company may, subject to any code applying in relation to the exercise of powers under this section issued by the Essential Services Commission under the **Essential Services Commission Act 2001**, exercise the following powers in relation to electric lines—\n\n(a) the power to enter onto land at any reasonable time for the purposes of inspecting an electric line and to remain on the land for so long as is necessary to inspect the line; and\n\nS. 85(b) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(b) the power, with the agreement of Energy Safe Victoria, to order that any electric line proposed to be constructed or to be substantially reconstructed be placed underground; and\n\nS. 85(c) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 2/2014 s. 8(1).\n\n(c) the power, upon production of a certificate in a form approved by Energy Safe Victoria and issued by the relevant distribution company or the relevant transmission company and at any reasonable time, to enter onto and remain on any land, for as long as is necessary for the carrying out of any work which is required to be carried out by Energy Safe Victoria or distribution company or transmission company to fulfil its responsibilities under section 84 or 84D.\n\n","sortOrder":127},{"sectionNumber":"86","sectionType":"section","heading":"Failure to maintain lines","content":"\t86 Failure to maintain lines\n\nS. 86(1) amended by Nos 89/1998 s. 14(1), 39/2005 s. 48(Sch. 1 items 1, 2).\n\n(1) Energy Safe Victoria or, with the approval of Energy Safe Victoria, the relevant distribution company, may by notice in writing require a person to perform acts specified in the notice for the purpose of keeping the whole or any part of a tree clear of an electric line in respect of which that person is the responsible person within a time specified in the notice being, subject to subsection (4), not less than 14 days after the date of the notice.\n\nS. 86(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) If—\n\n(a) there is an electric line above or below the surface of land in respect of which there is in force a planning scheme; and\n\n(b) the planning scheme requires a permit to be obtained to trim or remove trees on the land—\n\na person required by Energy Safe Victoria or the relevant distribution company by notice in writing under subsection (1) to perform any act for the purpose of keeping the whole or any part of a tree clear of the line must, before taking any action to comply with the notice, obtain any necessary permit pursuant to the **Planning and Environment Act 1987** in respect of the action necessary to comply with the notice unless an officer or employee of Energy Safe Victoria or the relevant distribution company considers the line to be in such a dangerous condition that urgent compliance with the notice is necessary.\n\nS. 86(2A) inserted by No. 59/2011 s. 14(1).\n\n(2A) Despite subsection (2), a relevant transmission company or a relevant distribution company is not required to obtain a permit pursuant to the **Planning and Environment Act 1987** in respect of any action necessary to comply with a notice in writing under subsection (1) if the action is carried out in accordance with the Code.\n\n(3) If—\n\nS. 86(3)(a) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(a) Energy Safe Victoria or the relevant distribution company has by notice pursuant to subsection (1) required a person to perform acts for the purpose of keeping the whole or any part of a tree clear of an electric line; and\n\nS. 86(3)(b) amended by No. 11/2002 s. 3(Sch. 1 item 21).\n\n(b) the time for compliance with the notice is greater than 14 days; and\n\n(c) the person is required under subsection (2) to obtain a permit—\n\nthe person—\n\n(d) must apply for the permit within 14 days of the receipt of the notice; and\n\n(e) must perform all acts specified in the notice within 21 days of obtaining the permit.\n\nS. 86(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(4) If Energy Safe Victoria or the relevant distribution company considers that urgent compliance with the notice under subsection (1) is necessary, the notice may require the person to comply with it within 14 days of the date of the notice.\n\nS. 86(5) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(5) If the responsible person in relation to a private electric line or an electric line of a relevant distribution company—\n\n(a) is unable to comply with a notice under this section; or\n\n(b) is unable to perform the duties under the Code; or\n\n(c) would put personal safety at risk if the person performed the duties under the Code or under a notice under this section; or\n\n(d) refuses—\n\n(i) to comply with a notice under this section; or\n\n(ii) to perform the duties under the Code—\n\nthe relevant distribution company may, with the agreement of Energy Safe Victoria, and must, if Energy Safe Victoria so directs, carry out the duties and perform any work necessary to ensure that the whole or any part of a tree is kept clear of the line and, if the relevant distribution company does so, the responsible person referred to in paragraph (a), (b) or (c) (as the case may be) is not guilty of an offence for failing to perform the duties under the Code.\n\nS. 86(6) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(6) In order to carry out work under subsection (5) an officer, employee or agent of the relevant distribution company may at any reasonable time and upon production of a certificate issued by Energy Safe Victoria or the relevant distribution company enter onto and remain on any land where that work is to be carried out for as long as is necessary for the carrying out of the work.\n\n(7) The relevant distribution company may recover the costs of carrying out any work under subsection (5) from the responsible person.\n\nS. 86(8) amended by No. 2/2014 s. 8(2)(a).\n\n(8) Despite the provisions of any other Act, if the relevant distribution company is the responsible person under section 84, the relevant distribution company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code.\n\nS. 86(8A) inserted by No. 59/2011 s. 14(2), amended by No. 2/2014 s. 8(2)(b).\n\n(8A) Despite the provisions of any other Act, if a transmission company is the responsible person under section 84D, the relevant transmission company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code.\n\nS. 86(9) amended by Nos 2/2014 s. 8(2)(c), 49/2019 s. 186(Sch. 4 item 16.3), 4/2020 s. 18(1), 41/2025 s. 4(Sch. 2 item 10).\n\n(9) Despite the provisions of—\n\n(a) section 77 of the **Forests Act 1958**; or\n\nS. 86(9)(b) amended by No. 6/2010 s. 203(1)(Sch. 6 item 16.2) (as amended by No. 45/2010 s. 22).\n\n(b) section 56(2)(l) of the **Transport (Compliance and Miscellaneous) Act 1983**; or\n\n(c) regulations made under or having effect as if made under either of those sections—\n\nit is not necessary for a responsible person under section 84, 84C or 84D to obtain the authority or permission of the Secretary to the Department of Energy, Environment and Climate Action or the Head, Transport for Victoria in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under Subdivision 1 or under a notice under this section.\n\nS. 86(9A) inserted by No. 12/2004 s. 171, amended by No. 2/2014 s. 8(2)(d).\n\n(9A) Despite section 63 of the **Road Management Act 2004**, it is not necessary for a responsible person under section 84, 84C or 84D to obtain the written consent of the coordinating road authority under the **Road Management Act 2004** in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under Subdivision 1 or under a notice under this section.\n\nS. 86(10) amended by No. 62/2001 s. 75.\n\n(10) The relevant distribution company, in exercising a power under this section, must comply with any code applying in relation to the exercise of that power issued by the Essential Services Commission under the **Essential Services Commission Act 2001**.\n\nS. 86(10A) inserted by No. 89/1998 s. 14(2), amended by No. 61/2007 s. 12(3).\n\n(10A) Despite anything to the contrary in this section, subsection (1) does not empower the relevant distribution company to give a notice under that subsection to a transmission company or to the operator of a railway.\n\n(11) A person must not contravene or fail to comply with this section.\n\nS. 86A inserted by No. 55/2010 s. 18.\n\n","sortOrder":128},{"sectionNumber":"86A","sectionType":"section","heading":"Energy Safe Victoria may give directions for restriction or prevention of tree growth","content":"\t86A Energy Safe Victoria may give directions for restriction or prevention of tree growth\n\n(1) If Energy Safe Victoria is satisfied that it is necessary to do so in order to prevent future unsafe electrical situations, Energy Safe Victoria may, in writing, direct a specified person—\n\n(a) to restrict or cease the planting of specified trees or species or classes of tree in the immediate area around an electric line; or\n\n(b) to clear specified trees or species or classes of tree from the immediate area around an electric line; or\n\n(c) to do any other thing necessary to minimise or prevent growth of specified trees or species or classes of tree in the immediate area around an electric line.\n\n(2) A direction under subsection (1) must be reasonable.\n\n(3) In this section, ***specified person*** means the owner or occupier of land in the area of an electric line or the relevant distribution company or relevant transmission company that owns or operates the electric line.\n\n(4) A specified person must comply with a direction under subsection (1) that applies to the specified person.\n\nPt 8 Div. 2A (Heading) amended by No. 36/2018 s. 81(1).  \nPt 8 Div. 2A (Heading and s. 86B) inserted by No. 55/2010 s. 19.\n\n","sortOrder":129},{"sectionNumber":"Div 2A","sectionType":"division","heading":"Electric lines and municipal emergency management plans","content":"Division 2A—Electric lines and municipal emergency management plans\n\nS. 86B (Heading) amended by No. 36/2018 s. 81(2).\n\nS. 86B inserted by No. 55/2010 s. 19, amended by Nos 2/2014 s. 9, 36/2018 s. 81(3).\n\n\t86B Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines\n\nWithout limiting section 60ADB or 60AN of the **Emergency Management Act 2013**, a Municipal Emergency Management Planning Committee must, in a municipal emergency management plan prepared under section 60ADB or in an updated municipal emergency management plan prepared under section 60AN (as the case may be), specify—\n\n(a) procedures and criteria for the identification of trees that are likely to fall onto, or come into contact with, an electric line (***hazard trees***); and\n\n(b) procedures for the notification of responsible persons of trees that are hazard trees in relation to electric lines for which they are responsible.\n\nPt 8 Div. 3 (Heading) inserted by No. 13/2025 s. 15.\n\nDivision 3—Publication of, and offences against, Code\n\nS. 87 amended by Nos 38/2000 s. 24(e)(f), 25/2004 s. 23, 6/2010 s. 203(1)(Sch. 6 item 16.3) (as amended by No. 45/2010 s. 22), 55/2010 s. 21, 70/2013 s. 4(Sch. 2 item 16), 49/2019 s. 186(Sch. 4 item 16.4), 4/2020 s. 18(2), 11/2024 s. 84, repealed by No. 13/2025 s. 16.[[1]](#endnote-2)\n\nS. 88 amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 13/2025 s. 16.\n\nS. 88A inserted by No. 55/2010 s. 22, repealed by No. 13/2025, s. 16.\n\n","sortOrder":130},{"sectionNumber":"89","sectionType":"section","heading":"Procedure for Code","content":"\t89 Procedure for Code\n\nS. 89(1) amended by Nos 39/2005 s. 48(Sch. 1 items 1, 2), 13/2025 s. 49(1), repealed by No. 13/2025 s. 17(1).\n\nS. 89(2) amended by No. 13/2025 s. 49(2).\n\n(2) There shall at all times be in force regulations prescribing the Code.\n\nS. 89(3) repealed by No. 13/2025 s. 49(3).\n\nS. 89(4) repealed by No. 13/2025 s. 17(2).\n\nS. 89(5) amended by Nos 39/2005 s. 48(Sch. 1 item 1), 13/2025 s. 49(4).\n\n(5) The Minister must cause the Code to be published in the Government Gazette.\n\nS. 90 amended by No. 22/2023 s. 10.\n\n","sortOrder":131},{"sectionNumber":"90","sectionType":"section","heading":"Offences against Code","content":"\t90 Offences against Code\n\nA person must not contravene or fail to comply with a prescribed provision of the Code.\n\n1. In the case of a natural person, 100 penalty units;\n\nIn the case of a body corporate, 500 penalty units.\n\nPt 8 Div. 4 (Heading and ss 90A–90C) inserted by No. 55/2010 s. 20, substituted as Pt 8 Div. 4 (Heading and ss 90A, 90B) by No. 59/2011 s. 15.\n\nDivision 4—Compliance audits in relation to compliance with the Code\n\nS. 90A substituted by No. 59/2011 s. 15.\n\n","sortOrder":132},{"sectionNumber":"90A","sectionType":"section","heading":"Compliance audits in relation to compliance with Code—Energy Safe Victoria","content":"\t90A Compliance audits in relation to compliance with Code—Energy Safe Victoria\n\n(1) Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the Code.\n\nS. 90A(2) repealed by No. 2/2014 s. 8(3).\n\nS. 90B substituted by No. 59/2011 s. 15.\n\n","sortOrder":133},{"sectionNumber":"90B","sectionType":"section","heading":"Compliance audits in relation to compliance with Code—independent audits","content":"\t90B Compliance audits in relation to compliance with Code—independent audits\n\n(1) Energy Safe Victoria may require a responsible person—\n\n(a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the Code; and\n\n(2) The responsible person must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the responsible person to enable an independent audit to be carried out.\n\n(3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person.\n\n(4) A responsible person must comply with a requirement of Energy Safe Victoria under this section.\n\nS. 90B(5) amended by No. 2/2014 s. 8(4).\n\n(5) In this section, ***responsible person*** means a person referred to in section 84, 84C or 84D.\n\nPt 8 Div. 5 (Heading and ss 90C–90E) inserted by No. 59/2011 s. 15.\n\nDivision 5—Compliance audits in relation to compliance with the management plan\n\nS. 90C substituted by No. 59/2011 s. 15.\n\n","sortOrder":134},{"sectionNumber":"90C","sectionType":"section","heading":"Application","content":"\t90C Application\n\n(1) This Division applies to a responsible person who is required by the regulations to prepare a management plan relating to compliance with the Code.\n\nS. 90C(2) amended by No. 2/2014 s. 8(4).\n\n(2) In subsection (1) ***responsible person*** means a person referred to in section 84, 84C or 84D.\n\nS. 90D inserted by No. 59/2011 s. 15.\n\n","sortOrder":135},{"sectionNumber":"90D","sectionType":"section","heading":"Compliance audits for management plans—Energy Safe Victoria","content":"\t90D Compliance audits for management plans—Energy Safe Victoria\n\nEnergy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the management plan.\n\nS. 90E inserted by No. 59/2011 s. 15.\n\n","sortOrder":136},{"sectionNumber":"90E","sectionType":"section","heading":"Compliance audits for management plans—independent audits","content":"\t90E Compliance audits for management plans—independent audits\n\n(1) Energy Safe Victoria may require a responsible person—\n\n(a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the management plan; and\n\n(2) The responsible person must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the responsible person and the management plan to enable an independent audit to be carried out.\n\n(3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person.\n\n(4) A responsible person must comply with a requirement of Energy Safe Victoria under this section.\n\n","sortOrder":137},{"sectionNumber":"Part 9","sectionType":"part","heading":"Cathodic protection and mitigation of stray current corrosion","content":"Part 9—Cathodic protection and mitigation of stray current corrosion\n\nS. 91 amended by Nos 32/2001 s. 29, 39/2005 s. 48(Sch. 1 item 2), 61/2007 s. 16, 6/2010 s. 203(1)(Sch. 6 items 16.4, 16.5) (as amended by No. 45/2010 s. 22), repealed by No. 13/2025 s. 18.\n\nS. 92 amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 13/2025 s. 18.\n\nS. 93 amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 25/2008 s. 6.\n\n","sortOrder":138},{"sectionNumber":"93","sectionType":"section","heading":"Operation of cathodic protection systems","content":"\t93 Operation of cathodic protection systems\n\n(1) The owner of a cathodic protection system must not operate or allow another person to operate that system unless it is registered by Energy Safe Victoria in accordance with the regulations.\n\n(2) The owner of a cathodic protection system must ensure that the system is operated in accordance with—\n\n(a) this Act and the regulations; and\n\n(b) any conditions to which the registration is subject.\n\nS. 93A inserted by No. 25/2008 s. 6.\n\n","sortOrder":139},{"sectionNumber":"93A","sectionType":"section","heading":"Evidentiary provision—operation of cathodic protection systems","content":"\t93A Evidentiary provision—operation of cathodic protection systems\n\n(1) This section applies if—\n\n(a) the person operating a cathodic protection system is not the owner of that system; and\n\n(b) that person is operating that system under the authority or with the consent of the owner of that system.\n\n(2) The owner of a cathodic protection system is not guilty of an offence under section 93(2) if the owner reasonably believed that the system was operated by the person in accordance with—\n\n(a) this Act and the regulations; and\n\n(b) any conditions to which the registration is subject.\n\nS. 94 (Heading) inserted by No. 61/2007 s. 12(4)(a).\n\nS. 94 amended by No. 61/2007 s. 12(4)(b)(c).\n\n","sortOrder":140},{"sectionNumber":"94","sectionType":"section","heading":"Railway operator—duty in relation to stray electrical current leakage","content":"\t94 Railway operator—duty in relation to stray electrical current leakage\n\nA person who is the operator of a railway must ensure that that railway is designed, installed, operated and maintained in such a manner as to minimise the risks to safety of any person and the risks of damage to property arising from the leakage of stray electrical currents from that railway.\n\n","sortOrder":141},{"sectionNumber":"95","sectionType":"section","heading":"Mitigation systems","content":"\t95 Mitigation systems\n\nS. 95(1) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(1) If, in the opinion of Energy Safe Victoria, a system is required to be installed to mitigate the effects of stray current corrosion, Energy Safe Victoria may, by notice in writing, direct any person whose assets are the cause of or are affected by the stray current corrosion to take action to install, operate and maintain a mitigation system in the manner specified in the direction and in accordance with the regulations.\n\n1. A person to whom a notice is given under this section must comply with the directions in the notice.\n2. In the case of a natural person, 200 penalty units;\n\nS. 96 (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 8).\n\n","sortOrder":142},{"sectionNumber":"96","sectionType":"section","heading":"Directions of Energy Safe Victoria","content":"\t96 Directions of Energy Safe Victoria\n\nS. 96(1) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2).\n\n(1) Energy Safe Victoria from time to time by notice in writing may require a person who is the operator of a cathodic protection system or mitigation system to carry out such tests of the system and such modifications to or replacement of the system as Energy Safe Victoria directs.\n\n(2) A person to whom a notice is given under this section must comply with the directions in the notice.\n\n","sortOrder":143},{"sectionNumber":"97","sectionType":"section","heading":"Costs in relation to mitigation systems","content":"\t97 Costs in relation to mitigation systems\n\nS. 97(1) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 13/2025 s. 20(1).\n\n(1) If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, Energy Safe Victoria may require the person to contribute to the cost of that action an amount or amounts determined by Energy Safe Victoria after consultation\n\nwith—\n\nS. 97(1)(a) inserted by No. 13/2025 s. 20(1).\n\n(i) if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person; or\n\n(ii) if no advisory committee is established, the person; and\n\nS. 97(1)(b) inserted by No. 13/2025 s. 20(1).\n\nS. 97(2) amended by Nos 39/2005 s. 48(Sch. 1 items 1, 2), 13/2025 s. 20(2).\n\n(2) Energy Safe Victoria may require a person or body whose assets are affected by any action carried out under this Act or the regulations in relation to a mitigation system to contribute to the cost of that action an amount or amounts determined by Energy Safe Victoria after consultation\n\nwith—\n\nS. 97(2)(a) inserted by No. 13/2025 s. 20(2).\n\n(i) if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person or body; or\n\n(ii) if no advisory committee is established, the person or body; and\n\nS. 97(2)(b) inserted by No. 13/2025 s. 20(2).\n\nS. 97(3) amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 13/2025 s. 20(3).\n\n(3) If a person is required under this Act or the regulations to carry out any action in relation to a mitigation system, Energy Safe Victoria may carry out that action on behalf of that person after Energy Safe Victoria consults with—\n\n(i) if an advisory committee is established, that advisory committee and, if Energy Safe Victoria considers it appropriate to do so, the person; or\n\n(ii) if no advisory committee is established, the person; and\n\nS. 97(4) amended by No. 39/2005 s. 48(Sch. 1 item 9).\n\n(4) Subject to subsection (2), if Energy Safe Victoria carries out an action under subsection (3) it may recover the costs of that action from the person who is required to carry out that action.\n\nS. 97(5) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(5) Any amount determined under subsection (1), (2) or (4) may be recovered by Energy Safe Victoria in any court of competent jurisdiction as a debt due to Energy Safe Victoria.\n\nS. 97(6) substituted by No. 13/2025 s. 20(4).\n\n(6) In this section—\n\n***action***, in relation to a mitigation system, means installation, testing, modification, maintenance or replacement;\n\n***advisory committee*** means a committee established under section 8 of the **Energy Safe Victoria Act 2005** to provide advice to Energy Safe Victoria, including advice in respect of making decisions under this section.\n\nPt 10 (Headings and  \nss 98–120) amended by Nos 89/1998 ss 15–21, 38/2000 s. 20, 13/2001 s. 12, 25/2004 s. 22, 33/2005 s. 3(2), 39/2005 s. 48(Sch. 1 items 1, 2,  \n10–12), 29/2006 s. 3(Sch. 1 item 10), substituted as Pt 10 (Headings and ss 98–120J) by No. 61/2007 s. 7 (as amended by Nos 25/2008 s. 20, 57/2009 s. 16).\n\n","sortOrder":144},{"sectionNumber":"Part 10","sectionType":"part","heading":"Electricity safety management","content":"Part 10—Electricity safety management\n\nPt 10 Div. 1AA (Heading and s. 98AA) inserted by No. 55/2010 s. 23, repealed by No. 59/2011 s. 3.\n\nDivision 1—General duty of major electricity companies\n\nS. 98 substituted by No. 61/2007 s. 7, amended by No. 22/2023 s. 11.\n\n","sortOrder":145},{"sectionNumber":"98","sectionType":"section","heading":"General duty of major electricity companies","content":"\t98 General duty of major electricity companies\n\nA major electricity company must design, construct, operate, maintain and decommission its supply network to minimise as far as practicable—\n\n(a) the hazards and risks to the safety of any person arising from the supply network; and\n\nS. 98(b) amended by No. 55/2010 s. 24(1).\n\n(b) the hazards and risks of damage to the property of any person arising from the supply network; and\n\nS. 98(c) inserted by No. 55/2010 s. 24(2), substituted by No. 59/2011 s. 4.\n\n(c) the bushfire danger arising from the supply network.\n\n1. In the case of a natural person, 1800 penalty units;\n\nDivision 2—Mandatory electricity safety management schemes (major electricity companies)\n\nS. 99 substituted by No. 61/2007 s. 7.\n\n","sortOrder":146},{"sectionNumber":"99","sectionType":"section","heading":"Electricity safety management scheme","content":"\t99 Electricity safety management scheme\n\nS. 99(1) amended by No. 22/2023 s. 12(1).\n\n(1) A major electricity company must submit an electricity safety management scheme to Energy Safe Victoria for each of its supply networks in accordance with this section.\n\n1. In the case of a natural person, 600 penalty units;\n\n(2) An electricity safety management scheme for a supply network must—\n\n(b) in accordance with the regulations, specify the safety management system being followed or to be followed by the major electricity company—\n\n(i) to comply with the major electricity company's duties under Division 1; and\n\n(ii) in relation to any other matters relating to the safe design, construction, operation, maintenance and decommissioning of the supply network that are prescribed.\n\nS. 99(2A) inserted by No. 55/2010 s. 25, amended by Nos 59/2011 s. 5, 22/2023 s. 12(2).\n\n(2A) Without limiting subsection (2)(b), an electricity safety management scheme must include a plan prepared under section 113A for the mitigation of bushfire danger in relation to the major electricity company's supply network.\n\n(3) The electricity safety management scheme for a supply network which is in operation  immediately before the commencement of this section must be submitted within 12 months after that commencement.\n\n(4) The electricity safety management scheme for any other supply network must be submitted to Energy Safe Victoria before the major electricity company commences to commission, or operate, that supply network.\n\n(5) An electricity safety management scheme may apply to more than one supply network.\n\n(6) An electricity safety management scheme that is submitted under this section must be accompanied by the prescribed fee.\n\nS. 100 substituted by No. 61/2007 s. 7.\n\n","sortOrder":147},{"sectionNumber":"100","sectionType":"section","heading":"Validation of electricity safety management scheme for a supply network","content":"\t100 Validation of electricity safety management scheme for a supply network\n\n(1) If an electricity safety management scheme has been submitted for a supply network, Energy Safe Victoria may require the major electricity company to obtain an independent validation of that electricity safety management scheme or any part of that electricity safety management scheme.\n\n(2) Energy Safe Victoria may require the validation to assess the design, construction, operation, maintenance and decommissioning of the supply network or any part of the supply network or all or any of those matters to determine if the supply network or part of the supply network will be fit for the purpose.\n\n(3) The major electricity company must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a matter has the necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter.\n\n(4) If Energy Safe Victoria requires a major electricity company to provide an independent validation of an electricity safety management scheme or part of an electricity safety management scheme, the costs of that validation must be borne by the major electricity company.\n\n(5) Energy Safe Victoria is not required to proceed with the consideration of an electricity safety management scheme until the independent validation is provided.\n\nS. 101 substituted by No. 61/2007 s. 7.\n\n","sortOrder":148},{"sectionNumber":"101","sectionType":"section","heading":"Additional information","content":"\t101 Additional information\n\n(1) Energy Safe Victoria may require a major electricity company to provide any additional information that Energy Safe Victoria thinks fit in relation to an electricity safety management scheme submitted by the major electricity company under this Division.\n\n(2) Energy Safe Victoria is not required to proceed with the consideration of an electricity safety management scheme until the additional information is provided.\n\nS. 102 substituted by No. 61/2007 s. 7.\n\n","sortOrder":149},{"sectionNumber":"102","sectionType":"section","heading":"Acceptance of electricity safety management scheme","content":"\t102 Acceptance of electricity safety management scheme\n\n(1) Energy Safe Victoria must consider an electricity safety management scheme submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the electricity safety management scheme permit.\n\nS. 102(2) amended by No. 4/2020 s. 5(1).\n\n(2) Subject to subsection (2A), Energy Safe Victoria must accept an electricity safety management scheme submitted under this Division if it is satisfied that the electricity safety management scheme is appropriate for the supply network to which it applies and complies with this Act and the regulations relating to electricity safety management schemes.\n\nS. 102(2A) inserted by No. 4/2020 s. 5(2).\n\n(2A) Energy Safe Victoria must not accept an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework—\n\n(3) Energy Safe Victoria must notify the major electricity company in writing of its decision to accept an electricity safety management scheme.\n\nS. 103 substituted by No. 61/2007 s. 7.\n\n","sortOrder":150},{"sectionNumber":"103","sectionType":"section","heading":"Provisional acceptance of electricity safety management scheme","content":"\t103 Provisional acceptance of electricity safety management scheme\n\nS. 103(1) amended by No. 4/2020 s. 6(1).\n\n(1) Subject to subsection (1A), Energy Safe Victoria may provisionally accept an electricity safety management scheme if it is satisfied that it will provide for the safe operation of the supply network.\n\nS. 103(1A) inserted by No. 4/2020 s. 6(2).\n\n(1A) Energy Safe Victoria must not provisionally accept an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework—\n\n(2) Energy Safe Victoria must notify the major electricity company in writing of its decision to provisionally accept an electricity safety management scheme.\n\n(3) The notice of acceptance must state—\n\n(a) the period that the provisional acceptance will be in force; and\n\n(b) the extent to which the electricity safety management scheme has been accepted; and\n\n(c) any limitations or conditions which will apply in respect of the design, construction, operation, maintenance or decommissioning of the supply network while the provisional acceptance is in force.\n\nS. 104 substituted by No. 61/2007 s. 7.\n\n","sortOrder":151},{"sectionNumber":"104","sectionType":"section","heading":"Non-acceptance of electricity safety management scheme","content":"\t104 Non-acceptance of electricity safety management scheme\n\n(1) If Energy Safe Victoria does not accept or provisionally accept an electricity safety management scheme it must—\n\n(a) notify the major electricity company in writing of the non-acceptance; and\n\n(b) give the major electricity company an opportunity to modify and re-submit the electricity safety management scheme.\n\n(2) A modified electricity safety management scheme must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).\n\n(3) If, after considering any modified electricity safety management scheme submitted under this section, Energy Safe Victoria decides not to accept an electricity safety management scheme, Energy Safe Victoria must give notice in writing of that decision to the major electricity company.\n\n(4) A notice under this section must be accompanied by a statement of the reasons for the decision.\n\nS. 105 substituted by No. 61/2007 s. 7.\n\n","sortOrder":152},{"sectionNumber":"105","sectionType":"section","heading":"Energy Safe Victoria may determine electricity safety management scheme","content":"\t105 Energy Safe Victoria may determine electricity safety management scheme\n\nS. 105(1) amended by No. 4/2020 s. 7(1).\n\n(1) Subject to subsection (1A), Energy Safe Victoria may determine the electricity safety management scheme which is to apply in respect of a supply network which is in operation at the time of the determination if—\n\n(a) the major electricity company fails to submit an electricity safety management scheme for the supply network in accordance with this Division; or\n\n(b) Energy Safe Victoria has decided not to accept an electricity safety management scheme for the supply network.\n\nS. 105(1A) inserted by No. 4/2020 s. 7(2).\n\n(1A) Energy Safe Victoria must not determine an electricity safety management scheme that purports to authorise a person to carry out any class of electrical linework—\n\n(2) If Energy Safe Victoria determines the electricity safety management scheme to apply to a supply network under this section, Energy Safe Victoria must give notice in writing to the major electricity company of that determination.\n\n(3) On notice being given to the major electricity company under subsection (2), the electricity safety management scheme determined by Energy Safe Victoria is deemed for the purposes of this Act to be the accepted ESMS for the supply network to which it applies.\n\n(4) Nothing in subsection (3) prevents a major electricity company from submitting an electricity safety management scheme or a revised electricity safety management scheme for a supply network to Energy Safe Victoria for acceptance under this Division.\n\nS. 105A inserted by No. 55/2010 s. 26, amended by No. 59/2011 s. 6, repealed by No. 2/2014 s. 10.\n\nS. 106 substituted by No. 61/2007 s. 7.\n\n","sortOrder":153},{"sectionNumber":"106","sectionType":"section","heading":"Compliance with electricity safety management scheme","content":"\t106 Compliance with electricity safety management scheme\n\nS. 106(1) amended by No. 22/2023 s. 13(1).\n\n(1) A major electricity company must not commence to commission, or operate, a supply network unless an electricity safety management scheme for that supply network has been accepted or provisionally accepted under this Division.\n\nS. 106(2) amended by No. 22/2023 s. 13(1).\n\n(2) A major electricity company must comply with the accepted ESMS for a supply network.\n\nS. 106(3) amended by No. 22/2023 s. 13(1).\n\n(3) A major electricity company must comply with the accepted ESMS for a supply network in relation to the removal, dismantling or decommissioning of the supply network.\n\nS. 106(4) amended by No. 22/2023 s. 13(1).\n\n(4) A major electricity company must not—\n\nS. 106(4)(a) amended by No. 22/2023 s. 13(2)(a).\n\n(a) undertake or permit a modification of a supply network that has the potential to increase the overall levels of risk to the safety of any person or property arising from the supply network; or\n\nS. 106(4)(b) amended by No. 22/2023 s. 13(2)(a).\n\n(b) undertake or permit a modification of a supply network that has the potential to influence the level of specific risk to the safety of any person or property arising from the supply network or the ranking of risk contributing factors; or\n\nS. 106(4)(c) amended by No. 22/2023 s. 13(2)(b).\n\n(c) make or permit a change to the safety management system in relation to the supply network—\n\nunless Energy Safe Victoria has accepted a revision of the accepted ESMS in relation to that matter for that supply network.\n\nS. 107 substituted by No. 61/2007 s. 7.\n\n","sortOrder":154},{"sectionNumber":"107","sectionType":"section","heading":"Revision of electricity safety management scheme—change","content":"\t107 Revision of electricity safety management scheme—change\n\nA major electricity company must submit a revised electricity safety management scheme to Energy Safe Victoria if—\n\n(a) developments in technical knowledge or the assessment of hazards relevant to the supply network make it appropriate to revise the accepted ESMS; or\n\nS. 107(b) amended by No. 22/2023 s. 14(a).\n\n(b) a proposed modification to the supply network will result in an increase in the overall level of risk to the safety of any person or property arising from the supply network; or\n\nS. 107(c) amended by No. 22/2023 s. 14(a).\n\n(c) a proposed modification to the work practices covered by the accepted ESMS will result in an increase in the overall levels of risk to the safety of any person or property arising from the supply network; or\n\nS. 107(d) amended by No. 22/2023 s. 14(b).\n\n(d) the major electricity company proposes to make a change to the accepted ESMS.\n\nS. 108 substituted by Nos 61/2007 s. 7, 22/2023 s. 15.\n\n","sortOrder":155},{"sectionNumber":"108","sectionType":"section","heading":"Revision of electricity safety management scheme—every 5 years","content":"\t108 Revision of electricity safety management scheme—every 5 years\n\n(1) A major electricity company must submit a revised electricity safety management scheme for a supply network of the company to Energy Safe Victoria at the end of a review period.\n\n***relevant day*** means the day on which section 15 of the **Energy Legislation Amendment (Energy Safety) Act 2023** comes into operation;\n\n(i) for an accepted ESMS in force  immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or  \n\n(ii) for any other accepted ESMS, the period of 5 years commencing on the day on which it is first accepted; and\n\nS. 109 substituted by No. 61/2007 s. 7.\n\n","sortOrder":156},{"sectionNumber":"109","sectionType":"section","heading":"Energy Safe Victoria may request submission of a revised electricity safety management scheme","content":"\t109 Energy Safe Victoria may request submission of a revised electricity safety management scheme\n\n(1) Energy Safe Victoria may at any time request a major electricity company to submit a revised electricity safety management scheme for a supply network of the major electricity company.\n\n(iii) the grounds for the request.\n\n(3) The major electricity company to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—\n\n(a) that the revision should not occur;\n\n(b) that the revision should be in different terms from the proposed terms;\n\n(c) that the revision should take effect on a later date than the proposed date of effect.\n\n(4) The submission must—\n\n(b) state the major electricity company's reasons for the submission; and\n\n(c) be made within 21 days, or such later period as Energy Safe Victoria allows, after the request is received.\n\n(5) If a major electricity company makes a submission under this section, Energy Safe Victoria must decide—\n\n(a) to accept the submission or part of the submission and vary or withdraw the request accordingly; or\n\n(b) to reject the submission.\n\n(6) Energy Safe Victoria must give the major electricity company notice in writing of its decision on the submission and the reasons for that decision.\n\nS. 110 substituted by No. 61/2007 s. 7, amended by No. 22/2023 s. 16.\n\n","sortOrder":157},{"sectionNumber":"110","sectionType":"section","heading":"Offence to fail to submit revised electricity safety management scheme on request","content":"\t110 Offence to fail to submit revised electricity safety management scheme on request\n\nIf Energy Safe Victoria requests the revision of an electricity safety management scheme in accordance with section 109, the major electricity company must submit a revised electricity safety management scheme for a supply network to Energy Safe Victoria—\n\n(a) if the major electricity company does not make a submission under that section, within the time (being not less than 60 days) specified by Energy Safe Victoria in the request; or\n\n(b) if the major electricity company has made a submission under that section and Energy Safe Victoria has not withdrawn the request, within the time (being not less than 60 days) specified by Energy Safe Victoria in the decision on the submission.\n\nS. 111 substituted by No. 61/2007 s. 7.\n\n","sortOrder":158},{"sectionNumber":"111","sectionType":"section","heading":"Application of provisions to revised electricity safety management scheme","content":"\t111 Application of provisions to revised electricity safety management scheme\n\nSections 100 to 105 apply to the revision of an electricity safety management scheme in the same manner as they apply to an electricity safety management scheme.\n\nS. 112 substituted by No. 61/2007 s. 7, repealed by No. 55/2010 s. 28, new s. 112 inserted by No. 2/2014 s. 11.\n\n","sortOrder":159},{"sectionNumber":"112","sectionType":"section","heading":"Revisions that do not relate to bushfire mitigation","content":"\t112 Revisions that do not relate to bushfire mitigation\n\n(1) This section applies if—\n\n(a) a major electricity company is required, or has been requested, to submit a revised electricity safety management scheme to Energy Safe Victoria under section 107 or 109; and\n\n(b) the matter giving rise to that requirement or forming the basis of the request does not relate to that part of the scheme that is an accepted bushfire mitigation plan.\n\nSee also section 113D(1).\n\n(2) Despite anything to the contrary in this Division or Division 2A, the company is not required to submit to Energy Safe Victoria a revised bushfire mitigation plan as part of the revised electricity safety management scheme.\n\nS. 113 substituted by No. 61/2007 s. 7.\n\n","sortOrder":160},{"sectionNumber":"113","sectionType":"section","heading":"Compliance with electricity safety management scheme is a defence","content":"\t113 Compliance with electricity safety management scheme is a defence\n\nIt is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted ESMS in relation to that duty or obligation.\n\nPt 10 Div. 2A (Heading) amended by No. 18/2017 s. 6.\n\nPt 10 Div. 2A (Heading and ss 113A–113F) inserted by No. 55/2010 s. 27.\n\nDivision 2A—Ongoing bushfire mitigation plan requirements for major electricity companies\n\nS. 113A inserted by No. 55/2010 s. 27.\n\n","sortOrder":161},{"sectionNumber":"113A","sectionType":"section","heading":"Submission of bushfire mitigation plans for acceptance","content":"\t113A Submission of bushfire mitigation plans for acceptance\n\nS. 113A(1) amended by No. 59/2011 s. 7, substituted by Nos 2/2014 s. 12(1), 22/2023 s. 17(1).\n\n(1) A major electricity company must prepare and submit to Energy Safe Victoria, for acceptance under this Division, a plan for the company's proposals for mitigation of bushfire in relation to the company's supply network.\n\nS. 113A(1A) inserted by No. 22/2023 s. 17(1).\n\n(1A) A major electricity company must prepare and submit to Energy Safe Victoria, for acceptance under this Division, a revised plan for the company's proposals for mitigation of bushfire in relation to the company's supply network at the end of a review period.\n\nS. 113A(2) amended by No. 22/2023 s. 17(2).\n\n(2) A bushfire mitigation plan under subsection (1) or (1A)—\n\n(a) must be in or to the effect of a form approved by Energy Safe Victoria; and\n\n(b) must include the prescribed particulars.\n\nS. 113A(3) amended by No. 2/2014 s. 12(2).\n\n(3) A major electricity company must cause the prescribed information about its accepted bushfire mitigation plan to be made available for inspection—\n\n(a) on the company's Internet site; and\n\n(b) at the company's principal office in the State during ordinary business hours.\n\nS. 113A(4) inserted by No. 22/2023 s. 17(3).\n\n***relevant day*** means the day on which section 17 of the **Energy Legislation Amendment (Energy Safety) Act 2023** comes into operation;\n\n(i) for an accepted bushfire mitigation plan in force  immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or  \n\n(ii) for any other accepted bushfire mitigation plan, the period of 5 years commencing on the day on which it is first accepted; and\n\nS. 113B inserted by No. 55/2010 s. 27.\n\n","sortOrder":162},{"sectionNumber":"113B","sectionType":"section","heading":"Compliance with bushfire mitigation plan","content":"\t113B Compliance with bushfire mitigation plan\n\nS. 113B(1) amended by Nos 59/2011 s. 8(1), 22/2023 s. 18.\n\n(1) During the specified bushfire risk period, a major electricity company must not commence to commission, or operate, a supply network unless a bushfire mitigation plan that applies to the company's supply network has been accepted or provisionally accepted under this Division.\n\nS. 113B(2) amended by Nos 59/2011 s. 8(1), 22/2023 s. 18.\n\n(2) A major electricity company must comply with an accepted bushfire mitigation plan that applies to the company's supply network.\n\n(3) Subsection (1) does not apply to a major electricity company that has a reasonable excuse.\n\n(4) For the purposes of subsection (1), it is a reasonable excuse for a major electricity company not to comply with subsection (1) if—\n\nS. 113B(4)(a) amended by No. 59/2011 s. 8(3).\n\n(a) there is no accepted bushfire mitigation plan that applies to the company's supply network; and\n\nS. 113B(4)(b) amended by No. 59/2011 s. 8(3).\n\n(b) the reason for there being no accepted bushfire mitigation plan that applies to the company's supply network is that—\n\n(i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria; and\n\n(ii) that failure arose because of unreasonable delay on Energy Safe Victoria's part.\n\n(5) For the purposes of subsection (1), it is not a reasonable excuse for a major electricity company not to comply with subsection (1) if—\n\nS. 113B(5)(a) amended by No. 59/2011 s. 8(3).\n\n(a) there is no accepted bushfire mitigation plan that applies to the company's supply network; and\n\nS. 113B(5)(b) amended by No. 59/2011 s. 8(3).\n\n(b) the reason for there being no accepted bushfire mitigation plan that applies to the company's supply network is that—\n\n(i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the company that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or\n\n(ii) Energy Safe Victoria has not accepted a plan under section 83BG (as applied and modified by section 113C).\n\n(6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse.\n\nS. 113C inserted by No. 55/2010 s. 27.\n\n","sortOrder":163},{"sectionNumber":"113C","sectionType":"section","heading":"Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans","content":"\t113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans\n\nSections 83BC to 83BH apply to the validation, or acceptance, provisional acceptance or non-acceptance or determination by Energy Safe Victoria, of a bushfire mitigation plan under this Division—\n\n(i) a reference to a specified operator were a reference to a major electricity company; and\n\nS. 113C(a)(ii) amended by No. 59/2011 s. 9.\n\n(ii) a reference to an at-risk electric line were a reference to a supply network; and\n\n(iii) a reference to a bushfire mitigation plan were a reference to a bushfire mitigation plan submitted under this Division; and\n\n(iv) a reference to an accepted bushfire mitigation plan were a reference to an accepted bushfire mitigation plan accepted or provisionally accepted under this Division; and\n\n(b) with any other modifications that are necessary.\n\nS. 113D inserted by No. 55/2010 s. 27.\n\n","sortOrder":164},{"sectionNumber":"113D","sectionType":"section","heading":"Accepted bushfire mitigation plan forms part of accepted ESMS","content":"\t113D Accepted bushfire mitigation plan forms part of accepted ESMS\n\nS. 113D(1) amended by No. 59/2011 s. 10.\n\n(1) An accepted bushfire mitigation plan applying to a major electricity company's supply network is taken to form part of the major electricity company's accepted ESMS.\n\nS. 113D(2) amended by No. 2/2014 s. 13.\n\n(2) However, despite anything to the contrary in Division 2, sections 106 and 108 do not apply to that part of an accepted ESMS that is constituted by an accepted bushfire mitigation plan.\n\nS. 113D(3) repealed by No. 22/2023 s. 19.\n\nS. 113E inserted by No. 55/2010 s. 27, substituted by No. 2/2014 s. 14.\n\n","sortOrder":165},{"sectionNumber":"113E","sectionType":"section","heading":"Revisions that only relate to bushfire mitigation","content":"\t113E Revisions that only relate to bushfire mitigation\n\n(1) This section applies if a major electricity company is required, or has been requested, to submit a revised bushfire mitigation plan to Energy Safe Victoria under section 107 or 109.\n\nSee also section 113D(1) and (2).\n\n(2) Despite anything to the contrary in Division 2 or this Division, the company is only required to submit that revised plan.\n\nS. 113F inserted by No. 55/2010 s. 27.\n\n","sortOrder":166},{"sectionNumber":"113F","sectionType":"section","heading":"Inspection of overhead private electric lines","content":"\t113F Inspection of overhead private electric lines\n\n(1) A major electricity company that has a distribution area must cause an inspection to be carried out at such times as are prescribed, and in accordance with the prescribed standards (if any), of private electric lines that are above the surface of land within its distribution area, other than any prescribed parts of those lines.\n\n(2) A major electricity company must give to the occupier of land above which there is a private electric line notice in the prescribed form (if any) during the prescribed period (if any) before an inspection under subsection (1) is carried out.\n\n(3) A major electricity company may, for the purpose of an inspection under this section, enter onto land at any reasonable time for the purposes of inspecting a private electric line under this section and remain on the land for so long as is necessary to inspect the line.\n\n(4) If an inspection carried out under this section reveals that maintenance is required on a private electric line above land, the major electricity company must give the owner of the land written notice of the maintenance required.\n\nPt 10 Div. 2B (Heading and ss 113G–113J) inserted by No. 22/2023 s. 20.\n\n","sortOrder":167},{"sectionNumber":"Div 2B","sectionType":"division","heading":"Requirements for declared owners and operators","content":"Division 2B—Requirements for declared owners and operators\n\nS. 113G inserted by No. 22/2023 s. 20.\n\n","sortOrder":168},{"sectionNumber":"113G","sectionType":"section","heading":"General duty of declared owners and operators","content":"\t113G General duty of declared owners and operators\n\nA declared owner or operator must design, construct, operate, maintain and decommission its declared installation to minimise as far as practicable—\n\n(a) the hazards and risks to the safety of any person arising from the installation; and\n\n(b) the hazards and risks of damage to the property of any person arising from the installation; and\n\n(c) the bushfire danger arising from the installation.\n\nS. 113H inserted by No. 22/2023 s. 20.\n\n","sortOrder":169},{"sectionNumber":"113H","sectionType":"section","heading":"Mandatory electricity safety management schemes for declared owners and operators","content":"\t113H Mandatory electricity safety management schemes for declared owners and operators\n\n(1) Subject to this section, Division 2 applies to a declared owner or operator in respect of its declared installation as if—\n\n(a) a reference to a major electricity company were a reference to a declared owner or operator; and\n\n(b) a reference to a supply network were a reference to a declared installation; and\n\n(c) the reference in section 99(2)(b)(i) to duties under Division 1 were a reference to duties under section 113G; and\n\n(d) the reference in section 113 to a duty or obligation set out in Division 1 were a reference to a duty or obligation set out in section 113G.\n\n(2) If a declared installation is in operation immediately before the day on which a declaration under section 3B takes effect in respect of that installation, the electricity safety management scheme for that installation must be submitted to Energy Safe Victoria before the first anniversary of that day.\n\nS. 113I inserted by No. 22/2023 s. 20.\n\n","sortOrder":170},{"sectionNumber":"113I","sectionType":"section","heading":"Ongoing bushfire mitigation plan requirements for declared owners and operators","content":"\t113I Ongoing bushfire mitigation plan requirements for declared owners and operators\n\n(1) Division 2A (except sections 113C and 113F) applies to a declared owner or operator in respect of its declared installation as if—\n\n(a) a reference to a major electricity company were a reference to a declared owner or operator; and\n\n(b) a reference to a supply network were a reference to a declared installation.\n\n(2) Sections 83BC to 83BH apply to the validation, acceptance, provisional acceptance,  \nnon-acceptance and determination by Energy Safe Victoria of a bushfire mitigation plan for a declared owner or operator in respect of its declared installation as if—\n\n(a) a reference to a specified operator were a reference to a declared owner or operator; and\n\n(b) a reference to an at-risk electric line were a reference to a declared installation; and\n\n(c) a reference to a bushfire mitigation plan submitted under section 83BA were a reference to a bushfire mitigation plan submitted under Division 2A.\n\nS. 113J inserted by No. 22/2023 s. 20.\n\n","sortOrder":171},{"sectionNumber":"113J","sectionType":"section","heading":"Energy Safe Victoria may exempt declared owners and operators from certain requirements","content":"\t113J Energy Safe Victoria may exempt declared owners and operators from certain requirements\n\nEnergy Safe Victoria may exempt a declared owner or operator from compliance with—\n\n(a) any regulations relating to the operation, maintenance or decommissioning of its declared installation; or\n\n(b) section 44(2), 45(1), (2) or (3) or 45A.\n\nDivision 3—Voluntary electricity safety management schemes\n\nS. 114 substituted by No. 61/2007 s. 7.\n\n","sortOrder":172},{"sectionNumber":"114","sectionType":"section","heading":"Electricity safety management scheme for employers of electrical workers","content":"\t114 Electricity safety management scheme for employers of electrical workers\n\n(1) Energy Safe Victoria may permit a person who is an employer of electrical workers to submit an electricity safety management scheme in respect of electrical work carried out by those workers for that person.\n\n(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safety of electrical work to which the electricity safety management scheme applies; and\n\n(i) a reference to a supply network were a reference to electrical work carried out by electrical workers; and\n\n(ii) a reference to a major electricity company were a reference to the employer of the electrical workers carrying out electrical work; and\n\n(iii) a reference to the design, construction, operation, maintenance and decommissioning of the supply network were a reference to the carrying out of electrical work by electrical workers; and\n\n(iv) a reference to the safe operation of the supply network were a reference to the safe carrying out of electrical work by electrical workers; and\n\nS. 115 substituted by No. 61/2007 s. 7.\n\n","sortOrder":173},{"sectionNumber":"115","sectionType":"section","heading":"Electricity safety management scheme for specified premises","content":"\t115 Electricity safety management scheme for specified premises\n\n(1) Energy Safe Victoria may permit a person who is the occupier of specified premises to submit an electricity safety management scheme in respect of electrical work carried out at those premises by electrical workers employed or engaged by that person.\n\n(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the electrical work to which the electricity safety management scheme applies; and\n\n(i) a reference to a supply network were a reference to electrical work carried out at specified premises; and\n\n(ii) a reference to a major electricity company were a reference to the occupier of the specified premises at which electrical work is carried out; and\n\n(iii) a reference to the design, construction, operation, maintenance and decommissioning of the supply network were a reference to the carrying out of electrical work at the specified premises; and\n\n(iv) a reference to the safe operation of the supply network were a reference to the safe carrying out of electrical work at the specified premises; and\n\nS. 116 (Heading) amended by No. 22/2023 s. 21(1).\n\nS. 116 substituted by No. 61/2007 s. 7 (as amended by No. 57/2009 ss 16(1)–(3)).\n\n","sortOrder":174},{"sectionNumber":"116","sectionType":"section","heading":"Electricity safety management scheme for owner or operator of complex electrical installation","content":"\t116 Electricity safety management scheme for owner or operator of complex electrical installation\n\nS. 116(1) amended by No. 22/2023 s. 21(2).\n\n(1) Energy Safe Victoria may permit an owner or operator of a complex electrical installation to submit an electricity safety management scheme in respect of the design, construction, operation, maintenance and decommissioning of its complex electrical installation.\n\nS. 116(2)(b) amended by No. 46/2014 s. 10(1).\n\n(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the complex electrical installation to which the electricity safety management scheme applies; and\n\nS. 116(3) substituted by No. 46/2014 s. 10(2).\n\nS. 116(3)(a)(i) amended by No. 22/2023 s. 21(3).\n\n(i) any reference to a major electricity company were a reference to the owner or operator of a complex electrical installation; and\n\n(ii) any reference to a supply network were a reference to a complex electrical installation; and\n\nS. 117 substituted by No. 61/2007 s. 7 (as amended by No. 25/2008 s. 20(a)).\n\n","sortOrder":175},{"sectionNumber":"117","sectionType":"section","heading":"Exemption from certain provisions of Act or regulations","content":"\t117 Exemption from certain provisions of Act or regulations\n\n(1) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 114, Energy Safe Victoria may exempt any person authorised under the accepted ESMS to carry out a class or type of electrical work from compliance with any of the regulations relating to the carrying out of that class or type of electrical work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.\n\n(2) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 115, Energy Safe Victoria may exempt a person carrying out a specified class or type of electrical work on the specified premises to which the accepted ESMS applies from compliance with any of the regulations relating to the carrying out of that class or type of work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.\n\nS. 117(2A) inserted by No. 59/2011 s. 16, amended by No. 22/2023 s. 22.\n\n(2A) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 116, Energy Safe Victoria may exempt an owner or operator of a complex electrical installation to which the accepted ESMS applies from compliance with any of the regulations relating to the operation, maintenance and decommissioning of the complex electrical installation or from compliance with section 44(2), 45(1), (2) or (3) or 45A.\n\n(3) If Energy Safe Victoria accepts an electricity safety management scheme submitted under this Division, Energy Safe Victoria may exempt the person from compliance with any of the regulations relating to the installation and operation of electrical installations or supply networks.\n\nS. 118 substituted by No. 61/2007 s. 7 (as amended by No. 57/2009 s. 16(4)).\n\n","sortOrder":176},{"sectionNumber":"118","sectionType":"section","heading":"Compliance with electricity safety management scheme","content":"\t118 Compliance with electricity safety management scheme\n\nS. 118(1) amended by No. 22/2023 s. 23(1).\n\n(1) An employer of electrical workers must comply with an accepted ESMS that applies in respect of electrical work carried out by those workers for that person.\n\nS. 118(2) amended by No. 22/2023 s. 23(1).\n\n(2) A person who is an occupier of specified premises must comply with an accepted ESMS that applies in respect of electrical work carried out at the specified premises occupied by that person by electrical workers employed or engaged by that person.\n\nS. 118(3) amended by No. 22/2023 s. 23.\n\n(3) An owner or operator of a complex electrical installation must comply with an accepted ESMS that applies in respect of its complex electrical installation.\n\nS. 119 substituted by Nos 61/2007 s. 7, 22/2023 s. 24.\n\n","sortOrder":177},{"sectionNumber":"119","sectionType":"section","heading":"Revision of voluntary electricity safety management scheme—every 5 years","content":"\t119 Revision of voluntary electricity safety management scheme—every 5 years\n\n(1) A voluntary ESMS operator must submit a revised electricity safety management scheme, for a complex electrical installation or electrical work to which an accepted ESMS applies,  to Energy Safe Victoria at the end of a review period.\n\n***relevant day*** means the day on which section 24 of the **Energy Legislation Amendment (Energy Safety) Act 2023** comes into operation;\n\n(i) for an accepted ESMS in force  immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or  \n\n(ii) for any other accepted ESMS, the period of 5 years commencing on the day on which it is first accepted; and\n\nS. 120 substituted by No. 61/2007 s. 7.\n\n","sortOrder":178},{"sectionNumber":"120","sectionType":"section","heading":"Revision of voluntary electricity safety management scheme—change","content":"\t120 Revision of voluntary electricity safety management scheme—change\n\nA voluntary ESMS operator must submit a revised electricity safety management scheme to Energy Safe Victoria if—\n\n(a) developments in technical knowledge or the assessment of hazards make it appropriate to revise the electricity safety management scheme; or\n\nS. 120(b) amended by No. 22/2023 s. 25(a).\n\n(b) a proposed modification to, as the case requires, the supply network or electrical installation will result in an increase in the overall levels of risk to the safety of any person or property arising from the supply network or electrical installation; or\n\nS. 120(c) amended by No. 22/2023 s. 25(a).\n\n(c) a proposed change to the electrical work to which the electricity safety management scheme applies will result in an increase in the overall levels of risk to the safety of any person or property arising from electricity; or\n\nS. 120(d) amended by No. 22/2023 s. 25(b).\n\n(d) the voluntary ESMS operator proposes to make a change to the accepted ESMS.\n\nS. 120A inserted by No. 61/2007 s. 7 (as amended by No. 57/2009 s. 16(5)).\n\n","sortOrder":179},{"sectionNumber":"120A","sectionType":"section","heading":"Energy Safe Victoria may request submission of revised electricity safety management scheme","content":"\t120A Energy Safe Victoria may request submission of revised electricity safety management scheme\n\n(1) Energy Safe Victoria may at any time request a voluntary ESMS operator to submit a revised electricity safety management scheme for—\n\n(a) in the case of an employer of electrical workers—electrical work carried out by those workers for that person; or\n\n(b) in the case of an occupier of specified premises—electrical work carried out at the specified premises occupied by that person by electrical workers employed or engaged by that person; or\n\nS. 120A(1)(c) amended by No. 22/2023 s. 26.\n\n(c) in the case of an owner or operator of a complex electrical installation—a complex electrical installation.\n\n(iii) the grounds for the request.\n\nS. 120B inserted by No. 61/2007 s. 7, amended by No. 22/2023 s. 27.\n\n","sortOrder":180},{"sectionNumber":"120B","sectionType":"section","heading":"Compliance with request","content":"\t120B Compliance with request\n\nA voluntary ESMS operator must comply with a request under section 120A within the time (being not less than 60 days) specified by Energy Safe Victoria in the request.\n\nS. 120C inserted by No. 61/2007 s. 7 (as amended by No. 57/2009 ss 16(6)(7)).\n\n","sortOrder":181},{"sectionNumber":"120C","sectionType":"section","heading":"Lapsing of electricity safety management scheme","content":"\t120C Lapsing of electricity safety management scheme\n\n(1) If a voluntary ESMS operator fails to comply with section 119, 120, 120A or 120H, Energy Safe Victoria, by notice in writing to the operator, may determine that the relevant accepted ESMS applying to, as the case requires—\n\n(a) electrical work carried out by electrical workers employed or engaged by that operator; or\n\nS. 120C(1)(b) amended by Nos 55/2010 s. 37(2), 43/2012 s. 3 (Sch. item 14).\n\n(b) a complex electrical installation—\n\nhas lapsed.\n\n(2) A voluntary ESMS operator may, by notice in writing to Energy Safe Victoria, withdraw an accepted ESMS applying to, as the case requires—\n\n(a) the electrical work carried out by electrical workers employed or engaged by that operator; or\n\nS. 120C(2)(b) substituted by No. 22/2023 s. 28.\n\n(b) the complex electrical installation of the owner or operator.\n\n(3) If an accepted ESMS has lapsed or been withdrawn, any exemption granted under section 117 in respect of that electricity safety management scheme lapses.\n\nS. 120D inserted by No. 61/2007 s. 7, amended by No. 22/2023 s. 29.\n\n","sortOrder":182},{"sectionNumber":"120D","sectionType":"section","heading":"Duty of employer of electrical workers","content":"\t120D Duty of employer of electrical workers\n\nAn employer of electrical workers who carry out electrical work to which an accepted ESMS applies must manage the carrying out of that electrical work to minimise as far as practicable—\n\n(a) the hazards and risks to safety of any person arising from electricity; and\n\n(b) the hazards and risks to property arising from electricity.\n\nS. 120E inserted by No. 61/2007 s. 7, amended by No. 22/2023 s. 30.\n\n","sortOrder":183},{"sectionNumber":"120E","sectionType":"section","heading":"Duty of occupier of specified premises","content":"\t120E Duty of occupier of specified premises\n\nThe occupier of specified premises at which electrical work is carried out, and to which an accepted ESMS applies, must manage the carrying out of that electrical work at the specified premises to minimise as far as practicable—\n\n(a) the hazards and risks to safety of any person arising from electricity; and\n\n(b) the hazards and risks to property arising from electricity.\n\nS. 120F inserted by No. 61/2007 s. 7 (as amended by No. 57/2009 ss 16(8)–(11)), amended by No. 22/2023 s. 31, repealed by No. 13/2025 s. 50.\n\nS. 120G inserted by No. 61/2007 s. 7.\n\n","sortOrder":184},{"sectionNumber":"120G","sectionType":"section","heading":"Compliance with electricity safety management scheme is a defence","content":"\t120G Compliance with electricity safety management scheme is a defence\n\nIt is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in section 75 or this Division if the person has complied with the accepted ESMS in relation to that duty or obligation.\n\nDivision 4—Other matters\n\nS. 120GA inserted by No. 4/2020 s. 8.\n\n120GA Accepted ESMS does not authorise certain electrical linework\n\nA provision of an accepted ESMS that purports to authorise a person to carry out any class of electrical linework—\n\n(b) that is a prescribed class of electrical work for the purposes of that Division—\n\ndoes not have that effect.\n\nS. 120H inserted by No. 61/2007 s. 7 (as amended by Nos 25/2008 s. 20(b), 57/2009 s. 16(12)).\n\n","sortOrder":185},{"sectionNumber":"120H","sectionType":"section","heading":"Compliance audits—independent audits","content":"\t120H Compliance audits—independent audits\n\n(1) Energy Safe Victoria may require an accepted ESMS operator—\n\n(a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the operator's compliance with the accepted ESMS that applies to, as the case requires—\n\n(i) the electrical work carried out by electrical workers employed or engaged by that operator; or\n\nS. 120H(1) (a)(ii) substituted by No. 55/2010 s. 29, amended by Nos 59/2011 s. 11, 22/2023 s. 32.\n\n(ii) the operator's supply network, complex electrical installation or declared installation; and\n\n(2) The accepted ESMS operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the accepted ESMS operator and the accepted ESMS to enable an independent audit to be carried out.\n\n(3) If Energy Safe Victoria requires an accepted ESMS operator to obtain an independent audit under this section, the costs of that audit must be borne by the accepted ESMS operator.\n\n(4) An accepted ESMS operator must comply with a requirement of Energy Safe Victoria under this section.\n\nS. 120I inserted by No. 61/2007 s. 7 (as amended by No. 57/2009 s. 16(13)).\n\n","sortOrder":186},{"sectionNumber":"120I","sectionType":"section","heading":"Compliance audits—Energy Safe Victoria","content":"\t120I Compliance audits—Energy Safe Victoria\n\nEnergy Safe Victoria may conduct, or cause to be conducted, an audit, to determine whether or not an accepted ESMS operator is satisfactorily complying with the accepted ESMS that applies to, as the case requires—\n\n(a) the electrical work carried out by electrical workers employed or engaged by that operator; or\n\nS. 120I(b) substituted by No. 55/2010 s. 30, amended by Nos 59/2011 s. 12, 22/2023 s. 33.\n\n(b) the operator's supply network, complex electrical installation or declared installation.\n\nS. 120J inserted by No. 61/2007 s. 7.\n\n","sortOrder":187},{"sectionNumber":"120J","sectionType":"section","heading":"Annual fees","content":"\t120J Annual fees\n\nAn accepted ESMS operator must pay the relevant prescribed annual administration fee in accordance with the regulations.\n\nPt 10A (Headings and ss 120K–120Z)  \ninserted by No. 18/2017 s. 4.\n\n","sortOrder":188},{"sectionNumber":"Part 10A","sectionType":"part","heading":"Additional bushfire mitigation","content":"Part 10A—Additional bushfire mitigation  \nrequirements for major electricity companies\n\nDivision 1—Preliminary\n\nS. 120K inserted by No. 18/2017 s. 4.\n\n","sortOrder":189},{"sectionNumber":"120K","sectionType":"section","heading":"Definitions","content":"\t120K Definitions\n\n***allocated substation points*** means points that are prescribed in respect of a zone substation;\n\n***Automatic Circuit Recloser*** means a device in relation to a SWER line that—\n\n(a) may be remotely controlled; and\n\n(b) is able to automatically interrupt and reclose an electric circuit by means of a programmed sequence that involves one or more of the following—\n\n(i) opening and reclosing the electric circuit;\n\n(ii) resetting the electric circuit;\n\n(iii) holding the electric circuit closed;\n\n(iv) permanently interrupting the electric circuit;\n\n***civil penalty provision*** means section 120M, 120N, 120O, 120P or 120Q;\n\n***complying substation*** has the meaning given by section 120L;\n\n***electric line construction area*** means land delineated and shown on a prescribed plan;\n\n***pecuniary penalty*** means—\n\n(a) for a contravention of section 120M(1)—see section 120M(3)(a), (b) or (c);\n\n(b) for a contravention of section 120N(1) or (2)—see section 120N(3)(a) or (b);\n\n(c) for a contravention of section 120O(1)—see section 120O(2)(a) or (b);\n\n(d) for a contravention of section 120P(1)—see section 120P(3)(a) or (b);\n\n(e) for a contravention of section 120Q(1)—see section 120Q(4)(a) or (b);\n\n***polyphase electric line*** means an electric line comprising more than one phase of electricity with a nominal voltage that is not less than 1 kV or greater than 22 kV;\n\n***required capacity*** means the prescribed capacity in relation to a polyphase electric line in the event of a phase to ground fault;\n\n***SWER line*** means a single wire earth return electric line;\n\n***zone substation*** means a prescribed substation.\n\nS. 120L inserted by No. 18/2017 s. 4.\n\n","sortOrder":190},{"sectionNumber":"120L","sectionType":"section","heading":"Meaning of *complying substation*","content":"\t120L Meaning of *complying substation*\n\nA zone substation is a ***complying substation*** if every polyphase electric line that originates from the substation has the required capacity.\n\nDivision 2—Additional bushfire mitigation duties\n\nS. 120M inserted by No. 18/2017 s. 4.\n\n","sortOrder":191},{"sectionNumber":"120M","sectionType":"section","heading":"Polyphase electric lines with required capacity","content":"\t120M Polyphase electric lines with required capacity\n\n(1) A major electricity company must ensure that—\n\n(a) for the initial period, a sufficient number of zone substations in its supply network are complying substations so that the total number of allocated substation points prescribed in respect of all of the complying substations is not less than 30 (the ***period 1 minimum points***); and\n\n(b) for the intermediate period, a sufficient number of zone substations in its supply network are complying substations so that the total number of allocated substation points prescribed in respect of all of the complying substations is not less than 55 (the ***period 2 minimum points***); and\n\n(c) on and after 1 May 2023, or if Energy Safe Victoria specifies a later date under section 120X, that date, all zone substations in its supply network are complying substations.\n\n(2) Subsection (1)(a) or (b) does not apply to a major electricity company if the allocated substation points prescribed in respect of all of the zone substations in the company's supply network cannot meet the period 1 minimum points or the period 2 minimum points.\n\n(3) A major electricity company is liable to pay—\n\n(a) if subsection (1)(a) or (b) is contravened, a pecuniary penalty not exceeding $2 000 000 for every point forming the difference between the total number of allocated substation points prescribed in respect of all of the complying substations and, as the case requires—\n\n(i) the period 1 minimum points; or\n\n(ii) the period 2 minimum points; and\n\n(b) if subsection (1)(c) is contravened, a pecuniary penalty not exceeding  \n$2 000 000 for every allocated substation point prescribed in respect of each zone substation that is not a complying substation; and\n\n(c) if there is a continuing contravention of subsection (1)(a), (b) or (c), a pecuniary penalty that is a daily amount not exceeding $5500 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention.\n\n(4) This section does not apply to a major electricity company that is exempted from complying with this section under an Order under section 120W and complies with that Order.\n\n(5) In this section—\n\n***initial period*** means—\n\n(a) the period beginning 1 May 2019 and ending 30 April 2021; or\n\n(b) if Energy Safe Victoria specifies a later period under section 120X, that period;\n\n***intermediate period*** means—\n\n(a) the period beginning 1 May 2021 and ending 30 April 2023; or\n\n(b) if Energy Safe Victoria specifies a later period under section 120X, that period.\n\nS. 120N inserted by No. 18/2017 s. 4.\n\n","sortOrder":192},{"sectionNumber":"120N","sectionType":"section","heading":"Covering or placing underground electric lines","content":"\t120N Covering or placing underground electric lines\n\n(1) A major electricity company must cover or place underground each new electric line that meets the prescribed specification that it constructs within an electric line construction area.\n\n(2) A major electricity company must cover or place underground each electric line that—\n\n(a) meets the prescribed specification; and\n\n(b) it reconstructs or substantially reconstructs within an electric line construction area; and\n\n(c) is of at least 4 consecutive spans or has conductors on at least 4 consecutive spans.\n\n(3) A major electricity company that contravenes subsection (1) or (2) is liable to pay a pecuniary penalty—\n\n(a) not exceeding $350 000 for each kilometre or a part of a kilometre of an electric line that is not covered or placed underground in accordance with that subsection; and\n\n(b) in the case of a continuing contravention of subsection (1) or (2), a daily amount not exceeding $1000 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention*.*\n\n(4) This section does not apply to a major electricity company that is exempted from complying with this section under an Order under section 120W and complies with that Order.\n\n(5) In this section—\n\n***cover***, in relation to an electric line, means install a system of insulation on a bare open wire in accordance with the relevant major electricity company's accepted bushfire mitigation plan.\n\nS. 120O inserted by No. 18/2017 s. 4.\n\n","sortOrder":193},{"sectionNumber":"120O","sectionType":"section","heading":"Installation of Automatic Circuit Recloser for SWER lines","content":"\t120O Installation of Automatic Circuit Recloser for SWER lines\n\n(1) A major electricity company must install an Automatic Circuit Recloser for each SWER line in its supply network before 1 January 2021 or if Energy Safe Victoria specifies a later date under section 120X, that date.\n\n(2) A major electricity company that contravenes subsection (1) is liable to pay a pecuniary penalty—\n\n(a) not exceeding $50 000 in respect of each contravention of that subsection; and\n\n(b) in the case of a continuing contravention of that subsection, a daily amount not exceeding $150 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention.\n\n(3) This section does not apply to a major electricity company that is exempted from complying with this section under an Order under section 120W and complies with that Order.\n\nS. 120P inserted by No. 18/2017 s. 4.\n\n","sortOrder":194},{"sectionNumber":"120P","sectionType":"section","heading":"Annual compliance reports","content":"\t120P Annual compliance reports\n\n(1) A major electricity company must give a written report to Energy Safe Victoria before 1 August each year that—\n\n(a) includes the following information for the reporting period—\n\n(i) details of work carried out during the reporting period (including the date of the work) to modify zone substations in its supply network so that the polyphase electric lines originating from the zone substations have the required capacity;\n\n(ii) details of work carried out during the reporting period (including the date of the work) to cover or place underground each electric line in its supply network that meets the prescribed specification within an electric line construction area;\n\n(iii) details of work carried out during the reporting period (including the date of the work) to install an Automatic Circuit Recloser for each SWER line in its supply network; and\n\n(b) includes details of the location of each zone substation, electric line and Automatic Circuit Recloser referred to in paragraph (a) and in the case of an electric line referred to in that paragraph, the length of the electric line (in kilometres); and\n\n(c) includes the following plans of work to be carried out during the next reporting period—\n\n(i) a plan to modify polyphase electric lines originating from zone substations to have the required capacity, which includes the date on which the work is to be completed and the location of the polyphase electric lines;\n\n(ii) a plan to cover or place underground electric lines that meet the prescribed specification in an electric line construction area, which includes the date on which the work is to be completed and the locations where the electric lines will be covered or placed underground and the length (in kilometres) of the electric lines;\n\n(iii) a plan to install Automatic Circuit Reclosers for SWER lines in its supply network, which includes the date on which the work is to be completed and the location of installation of the Automatic Circuit Reclosers; and\n\n(d) is in the form, and includes the information, specified by Energy Safe Victoria; and\n\n(e) has been approved by the board of the major electricity company.\n\n(2) Energy Safe Victoria must publish a copy of a report on its Internet site.\n\n(3) A major electricity company that contravenes subsection (1) is liable to pay a pecuniary penalty—\n\n(a) not exceeding $10 000 in respect of each contravention of that subsection; and\n\n(b) in the case of a continuing contravention of that subsection, a daily amount not exceeding $1000 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention.\n\n***reporting period*** means the year beginning 1 May and ending the following 30 April.\n\nS. 120Q inserted by No. 18/2017 s. 4.\n\n","sortOrder":195},{"sectionNumber":"120Q","sectionType":"section","heading":"Independent audits","content":"\t120Q Independent audits\n\n(1) A major electricity company must obtain, on the request of Energy Safe Victoria and at the intervals determined by Energy Safe Victoria, an independent audit of the major electricity company's compliance with section 120M, 120N, 120O or 120P.\n\n(2) The major electricity company must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence, ability and access to information on the operations of the major electricity company to enable an independent audit to be carried out.\n\n(3) If Energy Safe Victoria requires a major electricity company to obtain an independent audit under this section, the costs of that audit must be borne by the major electricity company.\n\n(4) A major electricity company that contravenes subsection (1) is liable to pay a pecuniary penalty—\n\n(a) not exceeding $50 000 in respect of each contravention of that subsection; and\n\n(b) in the case of a continuing contravention of that subsection, a daily amount not exceeding $5000 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention.\n\nDivision 3—Enforcement of additional bushfire mitigation duties\n\nS. 120R inserted by No. 18/2017 s. 4.\n\n","sortOrder":196},{"sectionNumber":"120R","sectionType":"section","heading":"Proceedings","content":"\t120R Proceedings\n\n(1) A person may not commence a civil proceeding in respect of a matter arising under Division 2 except in accordance with this Division.\n\n(2) The Minister or Energy Safe Victoria may commence a civil proceeding in respect of a civil penalty provision in accordance with this Division.\n\n(3) The Minister or Energy Safe Victoria must not commence a civil proceeding under this Division for an alleged contravention of a civil penalty provision if a civil proceeding is on foot under this Division in respect of the same conduct.\n\n(4) Nothing in this section affects the right of a person to commence a civil proceeding in respect of any matter or thing, or seek any relief or remedy, if the cause of action arises, or the relief or remedy is sought, on grounds that do not rely on this Part.\n\nS. 120S inserted by No. 18/2017 s. 4.\n\n","sortOrder":197},{"sectionNumber":"120S","sectionType":"section","heading":"Criminal proceedings do not lie","content":"\t120S Criminal proceedings do not lie\n\nCriminal proceedings do not lie against a person by reason only that the person—\n\n(a) has contravened a civil penalty provision; or\n\n(b) has attempted to contravene a civil penalty provision; or\n\n(c) has aided, abetted, counselled or procured a person to contravene a civil penalty provision; or\n\n(d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene a civil penalty provision; or\n\n(e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a civil penalty provision; or\n\n(f) has conspired with others to contravene a civil penalty provision.\n\nS. 120T inserted by No. 18/2017 s. 4.\n\n","sortOrder":198},{"sectionNumber":"120T","sectionType":"section","heading":"Proceedings for contravention of civil penalty provisions","content":"\t120T Proceedings for contravention of civil penalty provisions\n\n(1) The Minister or Energy Safe Victoria may apply to the Supreme Court for an order under this Division in respect of the doing by a major electricity company of a thing specified in subsection (3).\n\n(2) If the Supreme Court is satisfied that a thing specified in subsection (3) has been done, the Court may make an order that the major electricity company pay a pecuniary penalty to the Minister in respect of each act or omission by the major electricity company as the Court determines.\n\n(3) For the purposes of subsections (1) and (2), a specified thing is—\n\n(a) that a major electricity company has contravened a civil penalty provision; or\n\n(b) that a major electricity company has attempted to contravene a civil penalty provision; or\n\n(c) that a major electricity company has aided, abetted, counselled or procured a person to contravene a civil penalty provision; or\n\n(d) that a major electricity company has induced, or attempted to induce, a person whether by threats or promises or otherwise, to contravene a civil penalty provision; or\n\n(e) that a major electricity company has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a major electricity company of a civil penalty provision; or\n\n(f) that a major electricity company has conspired with others to contravene a civil penalty provision.\n\n(4) In determining the amount of the pecuniary penalty to be paid by the major electricity company, the Supreme Court may have regard to all relevant matters including—\n\n(a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and\n\n(b) the circumstances in which the act or omission took place; and\n\n(c) whether the major electricity company has previously been found by the Court in a proceeding under this Division to have contravened a civil penalty provision.\n\nS. 120U inserted by No. 18/2017 s. 4.\n\n","sortOrder":199},{"sectionNumber":"120U","sectionType":"section","heading":"Pecuniary penalties to be paid into the Consolidated Fund","content":"\t120U Pecuniary penalties to be paid into the Consolidated Fund\n\nEvery pecuniary penalty received by the Minister must be paid into the Consolidated Fund.\n\nS. 120V inserted by No. 18/2017 s. 4.\n\n","sortOrder":200},{"sectionNumber":"120V","sectionType":"section","heading":"Declaratory relief","content":"\t120V Declaratory relief\n\n(1) The Supreme Court, on an application by the Minister or Energy Safe Victoria, by order, may declare whether or not the major electricity company to which the application relates has contravened a civil penalty provision.\n\n(2) If the order declares the major electricity company to have contravened a civil penalty provision, the order may include either or both of the following—\n\n(a) a requirement that the major electricity company cease, within a specified period, the act, activity or practice constituting the contravention;\n\n(b) a requirement that the major electricity company take a specified action or adopt a specified practice, as the Court requires, for remedying the contravention or preventing a recurrence of the contravention.\n\nDivision 4—Miscellaneous\n\nS. 120W inserted by No. 18/2017 s. 4.\n\n","sortOrder":201},{"sectionNumber":"120W","sectionType":"section","heading":"Exemptions","content":"\t120W Exemptions\n\n(1) The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may exempt a major electricity company from complying with section 120M, 120N or 120O.\n\n(2) An Order must specify the relevant section that a major electricity company is exempt from complying with.\n\n(3) An exemption may be of general or specific application.\n\n(4) An exemption is subject to such terms and conditions as are specified in the Order.\n\nS. 120X inserted by No. 18/2017 s. 4.\n\n","sortOrder":202},{"sectionNumber":"120X","sectionType":"section","heading":"Specification of later dates and periods for compliance with civil penalty provisions","content":"\t120X Specification of later dates and periods for compliance with civil penalty provisions\n\n(1) A major electricity company to which section 120M or 120O applies may request Energy Safe Victoria to—\n\n(a) in the case of section 120M(1)(a) or (b), specify a period as the period within which the company must comply with section 120M(1)(a) or (b); or\n\n(b) in the case of section 120M(1)(c) or 120O(1), specify a date as the date by which the company must comply with section 120M(1)(c) or 120O(1).\n\n(2) A request under subsection (1) must set out the reasons for the request.\n\n(3) On receiving a request under subsection (1), Energy Safe Victoria may—\n\n(a) in the case of a request under subsection (1)(a), specify a period as the period within which the company must comply with section 120M(1)(a) or (b), as the case requires; or\n\n(b) in the case of a request under subsection (1)(b), specify a date as the date by which the company must comply with section 120M(1)(c) or 120O(1), as the case requires.\n\n(4) Energy Safe Victoria must consult with the Minister before specifying a period or date under subsection (3).\n\nS. 120Y inserted by No. 18/2017 s. 4.\n\n","sortOrder":203},{"sectionNumber":"120Y","sectionType":"section","heading":"Information notices","content":"\t120Y Information notices\n\n(1) Energy Safe Victoria, by written notice, may require a major electricity company to give Energy Safe Victoria information in the major electricity company's possession or control for the purpose of verifying the information provided in—\n\n(a) a report under section 120P; or\n\n(b) an independent audit under section 120Q.\n\n(2) A notice under subsection (1) must—\n\n(a) specify or describe the information that is required by Energy Safe Victoria; and\n\n(b) specify the format in which that information is to be given to Energy Safe Victoria; and\n\n(c) specify the date by which the information must be given to Energy Safe Victoria.\n\n(3) A major electricity company that is given a notice under subsection (1) must comply with the notice unless the major electricity company has a lawful excuse.\n\n(4) This section does not require a major electricity company to give information that is the subject of legal professional privilege or client legal privilege.\n\n(5) It is not a lawful excuse for a major electricity company to fail to comply with a notice under subsection (1) on the ground of any duty of confidence.\n\nS. 120Z inserted by No. 18/2017 s. 4.\n\n","sortOrder":204},{"sectionNumber":"120Z","sectionType":"section","heading":"Audit by Energy Safe Victoria","content":"\t120Z Audit by Energy Safe Victoria\n\nEnergy Safe Victoria may conduct, or cause to be conducted, an audit of a major electricity company's compliance with one or more of the civil penalty provisions.\n\nPt 11 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 6).\n\n","sortOrder":205},{"sectionNumber":"Part 11","sectionType":"part","heading":"Authorised officers and powers","content":"Part 11—Authorised officers and powers\n\nPt 11 Div. 1 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 7).\n\nDivision 1—Appointment of authorised officers\n\nS. 121 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 8).\n\n","sortOrder":206},{"sectionNumber":"121","sectionType":"section","heading":"Authorised officers","content":"\t121 Authorised officers\n\nS. 121(1) amended by Nos 36/1999 s. 20(1)(3), 69/2000 s. 28(1), 39/2005 s. 48(Sch. 1 items 1, 2, 13), substituted by No. 4/2020 s. 12(1), amended by No. 13/2025 s. 53(Sch. 1 item 9).\n\n(1) The Chairperson of Energy Safe Victoria may appoint any of the following persons to be an authorised officer for the purposes of this Act and the **Electricity Industry Act 2000**—\n\n(a) the Chief Executive Officer of Energy Safe Victoria;\n\n(b) an employee, agent or contractor of Energy Safe Victoria.\n\nS. 121(2) amended by Nos 39/2005 s. 48(Sch. 1 item 1), 13/2025 s. 53(Sch. 1 item 9).\n\n(2) Energy Safe Victoria must give an identity card to each person who is appointed an authorised officer.\n\n(3) The identity card—\n\nS. 121(3)(a) amended by Nos 39/2005 s. 48(Sch. 1 item 13), 4/2020 s. 12(2).\n\n(a) must be signed by the Chairperson of Energy Safe Victoria; and\n\nS. 121(3)(b) amended by No. 13/2025 s. 53(Sch. 1 item 9).\n\n(b) bear a photograph and the signature of the authorised officer.\n\nS. 121(4) amended by Nos 36/1999 s. 20(2), 69/2000 s. 28(1), 4/2020 s. 12(3), 13/2025 s. 53(Sch. 1 item 9).\n\n(4) An authorised officer must, in the course of performing their functions under this Act or the **Electricity Industry Act 2000**, produce their identity card to any person who requests its production.\n\nS. 121(5) substituted by No. 36/1999 s. 20(4), amended by Nos 39/2005 s. 48(Sch. 1 items 1, 2), 13/2025 s. 53(Sch. 1 item 9).\n\n(5) Energy Safe Victoria must not appoint an agent or contractor of Energy Safe Victoria to be an authorised officer unless satisfied that the agent or contractor—\n\nS. 121(5)(a) amended by No. 13/2025 s. 53(Sch. 1 item 9).\n\n(a) is competent to exercise the functions of an authorised officer; and\n\nS. 121(5)(b) amended by No. 13/2025 s. 53(Sch. 1 item 9).\n\n(b) is of good repute, having regard to character, honesty and integrity; and\n\nS. 121(5)(c) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 13/2025 s. 53(Sch. 1 item 9).\n\n(c) agrees in writing to carry out the functions of an authorised officer in accordance with such criteria as are established from time to time by Energy Safe Victoria.\n\nDivision 2—Powers of entry—general\n\n","sortOrder":207},{"sectionNumber":"122","sectionType":"section","heading":"Powers of entry—compliance","content":"\t122 Powers of entry—compliance\n\nS. 122(1) amended by No. 13/2025 s. 53(Sch. 1 item 10).\n\n(1) An authorised officer may exercise powers under this section only to the extent that is reasonably necessary to do so for the purpose of—\n\n(a) investigating a serious electrical incident; or\n\nS. 122(1)(b) amended by No. 69/2000 s. 31.\n\n(b) determining compliance with an electricity safety management scheme; or\n\n(c) determining compliance with this Act or the regulations.\n\nS. 122(2) amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 13/2025 s. 21(1).\n\nS. 122(3) amended by No. 13/2025 s. 53(Sch. 1 item 10).\n\n(3) An authorised officer may enter any residence or the land on which a residence is situated if—\n\nS. 122(3)(a) amended by No. 13/2025 s. 53(Sch. 1 item 10).\n\n(a) the authorised officer gives the occupier not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the authorised officer enters the land or residence; and\n\n(b) the occupier consents in writing to that entry; and\n\nS. 122(3)(c) amended by No. 11/2024 s. 88.\n\n(c) the entry occurs only between 8 a.m. and 6 p.m., unless the occupier consents in writing to entry outside those hours.\n\nS. 122(4) amended by No. 13/2025 s. 53(Sch. 1 item 10).\n\n(4) An authorised officer may enter any other land or premises during normal business hours.\n\nS. 122(5) amended by No. 13/2025 s. 53(Sch. 1 item 10).\n\n(5) In carrying out an inspection under this section, an authorised officer must—\n\n(a) cause as little harm and inconvenience or damage as possible; and\n\n(b) not remain on the land or premises any longer than is reasonably necessary; and\n\n(c) leave the land or premises as nearly as possible in the same condition as it was found prior to the inspection being carried out.\n\nS. 122(6) amended by No. 13/2025 s. 53(Sch. 1 item 11).\n\n(6) An authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, the authorised officer's identity  card for inspection by the occupier of the land or premises.\n\nS. 122(7) amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 13/2025 s. 21(2).\n\n(7) If an authorised officer exercises a power of entry under this section, the authorised officer must—\n\n(a) on leaving the land or premises, leave a notice setting out—\n\n(i) the time of entry; and\n\n(ii) the purpose of entry; and\n\n(iii) a description of all things done while on the land or premises; and\n\n(iv) the time of departure; and\n\n(v) the procedure for contacting Energy Safe Victoria for further details of the entry; or\n\n(b) email a copy of the notice as soon as practicable after exercising the power of entry—\n\n(i) to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and\n\n(ii) to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.\n\n","sortOrder":208},{"sectionNumber":"123","sectionType":"section","heading":"Occupier to be given copy of consent","content":"\t123 Occupier to be given copy of consent\n\nS. 123(1) amended by No. 13/2025 s. 53(Sch. 1 item 12).\n\n(1) An occupier who consents in writing to entry of the occupier's residence or the land on which the residence is situated under section 122 must be given a copy of the signed consent immediately.\n\n(2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry under section 122.\n\n","sortOrder":209},{"sectionNumber":"124","sectionType":"section","heading":"Emergency access","content":"\t124 Emergency access\n\nS. 124(1) amended by No. 13/2025 s. 53(Sch. 1 item 13).\n\n(1) An authorised officer may enter any land or premises at any time in an emergency if there is a threat to the safety of persons or property arising from a situation relating to electricity.\n\nS. 124(2) amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 13/2025 s. 22.\n\n(2) If an authorised officer exercises a power of entry under this section, without the owner or occupier being present, the authorised officer must on leaving the land or premises, leave a notice setting out—\n\n(a) the time of entry; and\n\n(b) the purpose of entry; and\n\n(c) a description of all things done while on the land or premises; and\n\n(d) the time of departure; and\n\n(e) the procedure for contacting Energy Safe Victoria for further details of the entry.\n\nS. 124(3) inserted by No. 13/2025 s. 22.\n\n(3) If an authorised officer exercises a power of entry under this section and the owner or occupier is present, the authorised officer must—\n\n(a) leave a notice that includes the details set out in subsection (2) on leaving the land or premises; or\n\n(b) email a copy of that notice as soon as practicable after exercising the power of entry—\n\n(i) to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and\n\n(ii) to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.\n\n","sortOrder":210},{"sectionNumber":"125","sectionType":"section","heading":"Powers on entry","content":"\t125 Powers on entry\n\nS. 125(1) amended by No. 13/2025 s. 53(Sch. 1 item 14).\n\n(1) On exercising a power of entry under this Division, an authorised officer may—\n\n(a) search the land or premises and anything found at the land or premises;\n\n(b) inspect and take photographs (including video recordings), or make sketches, of the land or premises or anything on the land or premises;\n\n(c) inspect, and make copies of, or take extracts from, any document kept on the land or premises;\n\nS. 125(1)(d) amended by No. 13/2025 s. 53(Sch. 1 item 14).\n\n(d) seize anything on the land or premises the authorised officer believes on reasonable grounds that it is necessary to seize in order to prevent its concealment, loss or destruction;\n\nS. 125(1)(e) amended by No. 13/2025 s. 53(Sch. 1 item 14).\n\n(e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any electrical equipment, electrical installation or electrical installation work that the authorised officer considers unsafe or does not comply with this Act or the regulations or was involved in a serious electrical incident.\n\nS. 125(2) amended by No. 13/2025 s. 53(Sch. 1 item 14).\n\n(2) If an authorised officer is unable to ascertain the identity of the owner or custodian of anything seized, the authorised officer must—\n\n(a) leave a receipt with, or post it to, the owner or occupier of the land or premises from which the thing was seized; and\n\n(b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the owner or occupier of the land or premises from which the document was seized.\n\n","sortOrder":211},{"sectionNumber":"126","sectionType":"section","heading":"Return of things seized","content":"\t126 Return of things seized\n\nS. 126(1) amended by No. 13/2025 s. 53(Sch. 1 item 15).\n\n(1) If an authorised officer seizes a thing under section 125, the authorised officer must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.\n\nS. 126(2) amended by Nos 22/2023 s. 34, 13/2025 s. 53(Sch. 2 item 15).\n\n(2) If the thing has not been returned within 60 days after it is seized, the authorised officer must take reasonable steps to return it unless—\n\n(a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or\n\nS. 126(2)(b) amended by No. 22/2023 s. 34.\n\n(b) a court makes an order under section 127 extending the period of 60 days.\n\n","sortOrder":212},{"sectionNumber":"127","sectionType":"section","heading":"Magistrates' Court may extend period","content":"\t127 Magistrates' Court may extend period\n\nS. 127(1) amended by No. 13/2025 s. 53(Sch. 1 item 16).\n\n(1) An authorised officer may apply to the Magistrates' Court before the expiration of the period referred to in section 126 or within a period extended by the Court under this section for an extension of that period.\n\n(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—\n\n(a) for the purposes of an investigation into whether an offence has been committed; or\n\n(b) to enable evidence of an offence to be obtained for the purposes of a prosecution.\n\nS. 127(3) amended by No. 13/2025 s. 53(Sch. 1 item 16).\n\n(3) The authorised officer must give notice of the application to the person from whom the thing was seized unless the Court otherwise directs.\n\nS. 128 (Heading) substituted by No. 39/2005 s. 48(Sch. 1 item 14).\n\nS. 128 substituted by No. 24/2002 s. 6.\n\n","sortOrder":213},{"sectionNumber":"128","sectionType":"section","heading":"Entry to be reported to Energy Safe Victoria","content":"\t128 Entry to be reported to Energy Safe Victoria\n\nS. 128(1) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 13/2025 ss 23, 53(Sch. 1 item 17).\n\n(1) If an authorised officer exercises a power of entry under this Division or section 130A, the authorised officer must report the exercise of the power to Energy Safe Victoria as soon as practicable after the entry.\n\n(2) The report must be in writing and include all relevant details of the entry including the following—\n\nS. 128(2)(a) amended by No. 13/2025 s. 53(Sch. 1 item 17).\n\n(a) the full name of the authorised officer; and\n\n(b) the time of the entry; and\n\n(c) the address of the land or premises entered; and\n\n(d) the purpose of the entry; and\n\n(e) a description of all things done while on the land or premises, including photographs or video recordings taken, and details of items inspected, examined or tested, and details of items seized or removed, copies made and extracts taken; and\n\n(f) the time of departure from the land or premises.\n\nS. 128(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(3) Energy Safe Victoria must keep a register containing the particulars of all matters reported to it under this section.\n\nS. 128(4) amended by No. 39/2005 s. 48(Sch. 1 item 1).\n\n(4) Energy Safe Victoria must keep, as part of that register, the register sent to it under clause 6(1)(a) of Schedule 1.\n\nDivision 3—Powers of entry—enforcement\n\n","sortOrder":214},{"sectionNumber":"129","sectionType":"section","heading":"Powers of entry—enforcement","content":"\t129 Powers of entry—enforcement\n\nS. 129(1) amended by No. 13/2025 s. 53(Sch. 1 item 18).\n\n(1) If an authorised officer has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the authorised officer may—\n\n(a) enter the land or premises; and\n\nS. 129(1)(b) amended by No. 59/2011 s. 17(1).\n\n(b) search for and seize the thing.\n\nS. 129(2) amended by Nos 59/2011 s. 17(2), 13/2025 s. 53(Sch. 1 item 18).\n\n(2) An authorised officer must not enter and search land or premises or seize any thing under this Division except—\n\n(a) with the written consent of the occupier of the land or premises; or\n\nS. 129(2)(b) amended by No. 13/2025 s. 24.\n\n(b) under the authority of a warrant under section 130A or a search warrant.\n\nS. 129(3) inserted by No. 59/2011 s. 17(3), amended by No. 13/2025 s. 53(Sch. 1 item 19).\n\n(3) Before the occupier consents to entry and search of the occupier's residence under this section, the authorised officer must inform the occupier—\n\n(a) of the purpose of the search; and\n\n(b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and\n\n(c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings.\n\nS. 129(4) inserted by No. 59/2011 s. 17(3), amended by No. 13/2025 s. 53(Sch. 1 item 20(a)).\n\n(4) If the occupier consents to entry and search, the authorised officer must ask the occupier to sign an acknowledgement stating—\n\n(a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and\n\nS. 129(4)(b) amended by No. 13/2025 s. 53(Sch. 1 item 20(b)).\n\n(b) that the occupier has been informed that the occupier may refuse to give consent to the entry and search or to the seizure of anything; and\n\n(c) that the occupier has consented to such an entry and search.\n\nS. 129(5) inserted by No. 59/2011 s. 17(3), amended by No. 13/2025 s. 53(Sch. 1 item 21).\n\n(5) If the occupier consents to the seizure of any thing during a search under this section, the authorised officer must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.\n\nS. 130 substituted by No. 59/2011 s. 18.\n\n","sortOrder":215},{"sectionNumber":"130","sectionType":"section","heading":"Occupier to be given copy of acknowledgement","content":"\t130 Occupier to be given copy of acknowledgement\n\n(1) An occupier who signs an acknowledgement under section 129 must be given a copy of the signed acknowledgement immediately.\n\n(2) If, in any proceeding, an acknowledgement is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of the thing.\n\nS. 130A inserted by No. 13/2025 s. 25.\n\n","sortOrder":216},{"sectionNumber":"130A","sectionType":"section","heading":"Warrant for entry of land or premises if risk to persons or property","content":"\t130A Warrant for entry of land or premises if risk to persons or property\n\n(1) An authorised officer may apply to a magistrate for the issue of a warrant to enter any land or premises (including residential premises) if the authorised officer suspects on reasonable grounds that—\n\n(a) there is a risk to the safety of any person arising from a situation relating to electricity; or\n\n(b) there is a risk of significant damage to property arising from a situation relating to electricity; or\n\n(c) a person is not complying, or has not complied, with a direction given by the Chairperson of Energy Safe Victoria under section 141 or 141A and that non‑compliance with the direction may cause—\n\n(i) a risk to the safety of any person; or\n\n(ii) a risk of significant damage to property.\n\n(2) The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—\n\n(a) by the evidence, on oath or by affirmation—\n\n(i) there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that the entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or\n\n(ii) there are reasonable grounds to suspect the matters set out in subsection (1)(c); and\n\n(b) entry is warranted in all the circumstances.\n\n(3) A warrant issued under subsection (2) may authorise an authorised officer named in the warrant to enter the land or premises and exercise any power referred to in section 125(1) in relation to the land or premises.\n\n(4) A warrant issued under subsection (2) must state—\n\n(a) the purpose for which the warrant is required; and\n\n(b) the land or premises that may be entered; and\n\n(c) any conditions to which the warrant is subject; and\n\n(d) whether entry is authorised to be made at any time, or during specified hours, of the day or night; and\n\n(e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n","sortOrder":217},{"sectionNumber":"131","sectionType":"section","heading":"Search warrant","content":"\t131 Search warrant\n\nS. 131(1) amended by No. 13/2025 s. 53(Sch. 1 item 22).\n\n(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.\n\nS. 131(2) amended by No. 6/2018 s. 68(Sch. 2 item 47.1).\n\n(2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.\n\nS. 131(3) amended by No. 13/2025 s. 53(Sch. 1 item 22).\n\n(3) The search warrant may authorise an authorised officer named in the warrant and any assistants the authorised officer considers necessary—\n\n(a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and\n\nS. 131(3)(b) amended by No. 59/2011 s. 19.\n\n(b) to search for and seize the thing named or described in the warrant.\n\n(4) In addition to any other requirement, a search warrant issued under this section must state—\n\n(a) the offence suspected; and\n\n(b) the land or premises to be searched; and\n\n(c) a description of the thing for which the search is to be made; and\n\n(d) any conditions to which the warrant is subject; and\n\n(e) whether entry is authorised to be made at any time or during stated hours; and\n\n(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.\n\n(5) A search warrant must be issued in accordance with the **Magistrates' Court Act 1989** and in the form prescribed under that Act.\n\n(6) The rules to be observed with respect to search warrants mentioned in the **Magistrates' Court Act 1989** extend and apply to warrants under this section.\n\n","sortOrder":218},{"sectionNumber":"132","sectionType":"section","heading":"Announcement before entry","content":"\t132 Announcement before entry\n\nS. 132(1) amended by No. 13/2025 ss 26, 53(Sch. 1 item 23(a)).\n\n(1) Before executing a warrant under section 130A or a search warrant, the authorised officer named in the warrant or a person assisting the authorised officer named in the warrant must—\n\nS. 132(1)(a) amended by No. 13/2025 s. 53(Sch. 1 item 23(b)).\n\n(a) announce that the authorised officer or person assisting the authorised officer is authorised by the warrant to enter the land or premises; and\n\n(b) give any person at the land or premises an opportunity to allow entry to the land or premises.\n\nS. 132(2) amended by No. 13/2025 s. 53(Sch. 1 item 24).\n\n(2) The authorised officer or a person assisting the authorised officer need not comply with subsection (1) if the authorised officer or person assisting the authorised officer believes on reasonable grounds that immediate entry to the land or premises is required to ensure—\n\n(a) the safety of any person; or\n\n(b) that the effective execution of the warrant is not frustrated.\n\nS. 133 amended by No. 13/2025 ss 27, 53(Sch. 1 item 25(a)).\n\n","sortOrder":219},{"sectionNumber":"133","sectionType":"section","heading":"Copy of warrant to be given to occupier","content":"\t133 Copy of warrant to be given to occupier\n\nIf the occupier or another person who apparently represents the occupier is present at the land or premises when a warrant under section 130A or a search warrant is being executed, the authorised officer must—\n\nS. 133(a) amended by No. 13/2025 s. 53(Sch. 1 item 25(b)).\n\n(a) identify themselves to that person by producing their identity card for inspection by that person; and\n\n(b) give to that person a copy of the execution copy of the warrant.\n\nDivision 4—General\n\nS. 134 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 26).\n\n","sortOrder":220},{"sectionNumber":"134","sectionType":"section","heading":"Power of authorised officer to require information or documents","content":"\t134 Power of authorised officer to require information or documents\n\nS. 134(1) amended by No. 13/2025 s. 53(Sch. 1 item 27).\n\n(1) An authorised officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of—\n\n(a) investigating a serious electrical incident; or\n\n(b) investigating an emergency where there is a threat to the safety of persons or property arising from a situation relating to electricity; or\n\nS. 134(1)(c) amended by No. 69/2000 s. 31.\n\n(c) determining compliance with an electricity safety management scheme; or\n\n(d) determining compliance with this Act or the regulations.\n\nS. 134(2) amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 13/2025 s. 28.\n\nS. 134(3) amended by No. 13/2025 s. 53(Sch. 1 item 27).\n\n(3) An authorised officer may require a person to give information to the authorised officer, to produce documents to the authorised officer and to give reasonable assistance to the authorised officer.\n\n(4) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (3).\n\nS. 135 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 28).\n\n","sortOrder":221},{"sectionNumber":"135","sectionType":"section","heading":"Offence to give false information to authorised officer","content":"\t135 Offence to give false information to authorised officer\n\nA person must not—\n\nS. 135(a) amended by No. 13/2025 s. 53(Sch. 1 item 29).\n\n(a) give information to an authorised officer under this Part that the person knows to be false or misleading in a material particular; or\n\nS. 135(b) amended by No. 13/2025 s. 53(Sch. 1 item 29).\n\n(b) produce a document to an authorised officer under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.\n\nS. 136 amended by No. 13/2025 s. 53(Sch. 1 item 30).\n\n","sortOrder":222},{"sectionNumber":"136","sectionType":"section","heading":"Copying of documents","content":"\t136 Copying of documents\n\nIf a person produces a document to an authorised officer in accordance with a requirement under section 134, the authorised officer may make copies of, or take extracts from, the document.\n\n","sortOrder":223},{"sectionNumber":"137","sectionType":"section","heading":"Protection against self-incrimination","content":"\t137 Protection against self-incrimination\n\nA natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Part if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.\n\nS. 138 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 31).\n\nS. 138 amended by Nos 36/1999 s. 20(5), 69/2000 s. 28(2), 13/2025 s. 53(Sch. 1 item 32).\n\n","sortOrder":224},{"sectionNumber":"138","sectionType":"section","heading":"Offence to obstruct authorised officer","content":"\t138 Offence to obstruct authorised officer\n\nA person must not without reasonable excuse obstruct or hinder an authorised officer exercising functions under this Act or the **Electricity Industry Act 2000**.\n\n1. 300 penalty units.\n\nS. 138A inserted by No. 13/2025 s. 29.\n\n","sortOrder":225},{"sectionNumber":"138A","sectionType":"section","heading":"Persons assisting authorised officer","content":"\t138A Persons assisting authorised officer\n\n(1) An authorised officer may request the assistance of any person for the purpose of an entry to land or premises under this Part and exercising any power under this Part in relation to that entry.\n\n(2) The occupier or person in management or control of the land or premises must not, without reasonable excuse, refuse to allow the person assisting an authorised officer access to the land or premises.\n\n(3) The occupier or person in management or control of the land or premises must not, without reasonable excuse, obstruct or hinder the person assisting an authorised officer.\n\n(4) If an authorised officer uses the assistance of an interpreter—\n\n(a) an enquiry or request made by the interpreter on the authorised officer's behalf is taken to be made by the authorised officer; and\n\n(b) an answer given to the interpreter is taken to be given to the authorised officer.\n\nS. 139 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 33).\n\nS. 139 amended by Nos 36/1999 s. 20(6), 69/2000 s. 28(2), 37/2014 s. 10(Sch. items 51) (ILA s. 39B(1)).\n\n","sortOrder":226},{"sectionNumber":"139","sectionType":"section","heading":"Police to assist authorised officers","content":"\t139 Police to assist authorised officers\n\nS. 139(1) amended by No. 13/2025 s. 53(Sch. 1 item 34).\n\n(1) An authorised officer may request the assistance of a police officer and a police officer may assist an authorised officer to take any action authorised by this Part or the **Electricity Industry Act 2000**.\n\nS. 139(2) inserted by No. 37/2014 s. 10(Sch. item 51.2).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**.\n\nS. 140 (Heading) inserted by No. 13/2025 s. 53(Sch. 1 item 35).\n\nS. 140 amended by No. 13/2025 s. 53(Sch. 1 item 36).\n\n","sortOrder":227},{"sectionNumber":"140","sectionType":"section","heading":"Impersonation of authorised officer","content":"\t140 Impersonation of authorised officer\n\nA person must not impersonate an authorised officer.\n\n1. 100 penalty units.\n\nPt 11A (Heading and ss 140A–140J) inserted by No. 89/1998 s. 22.\n\n","sortOrder":228},{"sectionNumber":"Part 11A","sectionType":"part","heading":"Infringement notices","content":"Part 11A—Infringement notices\n\nS. 140A inserted by No. 89/1998 s. 22, amended by No. 40/2003 s. 27.\n\n","sortOrder":229},{"sectionNumber":"140A","sectionType":"section","heading":"Definition","content":"\t140A Definition\n\nS. 140A def. of *prescribed offence* substituted by No. 25/2008 ss 7, 8, amended by Nos 55/2010 s. 31, 43/2018 s. 12, 13/2025 s. 30.\n\n***prescribed offence*** means—\n\n(a) an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45AB(4), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 55(3), 62J(2), 67(1), 67A(1), 67B(2), 67C(2), 67D(2), 67E(1), 67F(1), 67G(1), 67H, 67I(1), 67J, 67K, 68, 76(1), 77(1), 77(2), 77(3), 78, 83BA(3), 86A(4), 108, 110, 113A(3), 113F(1), 119, 120B, 120H(4), 141AC(4) or 142(2); or\n\n(b) an offence against a provision of the Act (other than a provision referred to in paragraph (a)) or the regulations that is prescribed.\n\nS. 140B inserted by No. 89/1998 s. 22.\n\n","sortOrder":230},{"sectionNumber":"140B","sectionType":"section","heading":"Power to serve a notice","content":"\t140B Power to serve a notice\n\nS. 140B(1) amended by No. 13/2025 s. 53(Sch. 1 item 37).\n\n(1) An authorised officer may serve an infringement notice on any person that the authorised officer has reason to believe has committed a prescribed offence.\n\nS. 140B(2) substituted by No. 32/2006 s. 94(Sch. item 14(1)).\n\n(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the **Infringements Act 2006**.\n\nS. 140C inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)).\n\nS. 140D inserted by No. 89/1998 s. 22, amended by No. 43/2018 s. 13.\n\n","sortOrder":231},{"sectionNumber":"140D","sectionType":"section","heading":"Infringement penalties","content":"\t140D Infringement penalties\n\nThe infringement penalty for an offence against a provision of this Act or the regulations is one-tenth of the maximum monetary penalty fixed by that provision unless a penalty is otherwise prescribed.\n\nSs 140E–140J inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)).\n\n","sortOrder":232},{"sectionNumber":"Part 12","sectionType":"part","heading":"General","content":"Part 12—General\n\nDivision 1—Directions\n\nS. 141 (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 15), amended by No. 4/2020 s. 13(1).\n\n","sortOrder":233},{"sectionNumber":"141","sectionType":"section","heading":"Chairperson of Energy Safe Victoria may give directions","content":"\t141 Chairperson of Energy Safe Victoria may give directions\n\nS. 141(1) amended by Nos 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 13(2).\n\n(1) If the Chairperson of Energy Safe Victoria considers that it is necessary to do so for safety reasons, the Chairperson may, in writing, direct a relevant person—\n\n(a) to disconnect the supply of electricity to an electrical installation, or part of an electrical installation; and\n\nS. 141(1)(b) amended by Nos 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 13(2)(b).\n\n(b) to keep that supply disconnected until the Chairperson considers that it is safe to reconnect the supply.\n\nS. 141(2) amended by Nos 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 13(2).\n\n(2) If the Chairperson of Energy Safe Victoria is satisfied that it is necessary to do so for safety reasons, the Chairperson may, in writing, direct a person—\n\nS. 141(2)(a) amended by Nos 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 13(2)(b).\n\n(a) to cease to use particular electrical equipment or a class of electrical equipment until the Chairperson considers that it is safe to use; or\n\nS. 141(2)(b) amended by Nos 36/1999 s. 21, 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 13(2)(b).\n\n(b) to cease a particular electrical work practice or class of electrical work practice until the Chairperson considers that it is safe; or\n\nS. 141(2)(c) inserted by No. 36/1999 s. 21.\n\n(c) to make safe an electrical installation or particular electrical equipment; or\n\nS. 141(2)(d) inserted by No. 36/1999 s. 21, amended by No. 55/2010 s. 32(1).\n\n(d) to do any other thing necessary to make an unsafe electrical situation safe; or\n\nS. 141(2)(e) inserted by No. 55/2010 s. 32(2), amended by No. 1/2017 s. 13(1)(a).\n\n(e) to do any other thing necessary to prevent an unsafe electrical situation from arising; or\n\nS. 141(2)(f) inserted by No. 1/2017 s. 13(1)(b).\n\n(f) to do any other thing necessary for the prevention and mitigation of bushfires that may arise out of incidents involving electric lines or electrical installations.\n\nS. 141(3) amended by No. 69/2000 s. 29, substituted by No. 1/2017 s. 13(2).\n\n(3) In this section—\n\nS. 141(3) def. of *relevant person* amended by No. 22/2023 s. 35.\n\n***relevant person*** means—\n\n(aa) a declared owner or operator; or\n\n(a) an electricity supplier; or\n\n(b) the holder of a licence under the **Electricity Industry Act 2000** to supply or sell electricity; or\n\n(c) any other person supplying electricity;\n\n***safety reasons*** includes the prevention and mitigation of bushfires that may arise out of incidents involving electric lines or electrical installations.\n\n(4) A person must comply with a direction under this section that applies to the person.\n\nS. 141A inserted by No. 36/1999 s. 22.\n\n","sortOrder":234},{"sectionNumber":"141A","sectionType":"section","heading":"Additional powers in emergencies","content":"\t141A Additional powers in emergencies\n\nS. 141A(1) amended by Nos 39/2005 s. 48(Sch. 1 item 16), 4/2020 s. 14(1).\n\n(1) In addition to the powers under section 141, the Chairperson of Energy Safe Victoria may do anything or give any direction that the Chairperson considers necessary to make an electricity emergency situation safe.\n\n(2) A person must comply with a direction under this section that applies to the person.\n\n1. In the case of a natural person, 500 penalty units or 5 years imprisonment or both;\n\nIn the case of a body corporate, 10 000 penalty units.\n\n(3) An offence under subsection (2) is an indictable offence.\n\nS. 141A(4) amended by Nos 39/2005 s. 48(Sch. 1 items 1, 16), 4/2020 s. 14(2).\n\n(4) Energy Safe Victoria must include in its annual report for a financial year under Part 7 of the **Financial Management Act 1994**, a statement setting out details of each direction given by the Chairperson under this section during that financial year.\n\nS. 141AB inserted by No. 55/2010 s. 33.\n\n\t141AB Information notices\n\nS. 141AB(1) amended by No. 18/2017 s. 5, substituted by No. 22/2023 s. 36.\n\n(1) Energy Safe Victoria, by written notice, may require a person to give Energy Safe Victoria information in the person's possession or control that Energy Safe Victoria reasonably requires for the purpose of verifying—\n\n(a) the performance of distribution companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10; or\n\n(b) the performance of transmission companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10; or\n\n(c) the performance of declared owners or operators in complying with Part 10.\n\n(2) A notice under subsection (1) must—\n\n(a) specify or describe the information that is required by Energy Safe Victoria; and\n\n(b) specify the format in which that information is to be given to Energy Safe Victoria; and\n\n(c) specify the date by which the information must be given to Energy Safe Victoria.\n\n(3) A person who is given a notice under subsection (1) must comply with the notice unless the person has a lawful excuse.\n\nIn the case of a body corporate, 200 penalty units.\n\nS. 141AB(4) amended by No. 4/2020 s. 19.\n\n(4) A natural person cannot be compelled, by the giving of a notice under subsection (1), to give information if the information might tend to incriminate the person of an offence.\n\n(5) This section does not require a person to give information that is the subject of legal professional privilege or client legal privilege.\n\n(6) It is not a lawful excuse for a person to fail to comply with a notice under subsection (1) on the ground of any duty of confidence.\n\nS. 141AC (Heading) amended by No. 4/2020 s. 15(1)\n\nS. 141AC inserted by No. 59/2011 s. 20.\n\n\t141AC Chairperson of Energy Safe Victoria may give directions to preserve, retain or store\n\nS. 141AC(1) amended by No. 4/2020 S. 15(2).\n\n(1) This section applies if the Chairperson of Energy Safe Victoria believes on reasonable grounds that—\n\n(a) an electrical incident or an electricity emergency situation has occurred; or\n\n(b) an unsafe electrical situation has occurred or may occur.\n\nS. 141AC(2) amended by No. 4/2020 s. 15(3).\n\n(2) The Chairperson may, in writing, direct a relevant person to preserve, retain or store any of the following that the Chairperson considers may be relevant to the electrical incident, electricity emergency situation or unsafe electrical situation—\n\n(a) electrical equipment;\n\n(b) electrical installations or parts of electrical installations;\n\n(c) supply networks or parts of supply networks.\n\n(3) In this section, ***relevant person*** means an owner of electrical equipment or an owner or operator of a supply network or an electrical installation.\n\n(4) A person must comply with a direction under this section that applies to the person.\n\nPenalty: In the case of a natural person, 50 penalty units;\n\nIn the case of a body corporate, 200 penalty units.\n\nS. 141B inserted by No. 36/1999 s. 22, substituted by Nos 39/2005 s. 46. 4/2020 s. 16.\n\n","sortOrder":235},{"sectionNumber":"141B","sectionType":"section","heading":"Delegation by Chairperson of Energy Safe Victoria","content":"\t141B Delegation by Chairperson of Energy Safe Victoria\n\n(1) The Chairperson of Energy Safe Victoria may by instrument delegate any of the following functions and powers to a person specified in subsection (2)—\n\n(a) any function or power under section 141; or\n\n(b) with the consent of the Minister, any function or power under section 141A.\n\n(2) The functions and powers may be delegated to—\n\n(a) another Commissioner (within the meaning of the **Energy Safe Victoria Act 2005**); or\n\n(b) the Chief Executive Officer (within the meaning of the **Energy Safe Victoria Act 2005**); or\n\n(c) any employee of Energy Safe Victoria.\n\nS. 141C inserted by No. 4/2020 s. 16.\n\n","sortOrder":236},{"sectionNumber":"141C","sectionType":"section","heading":"Notification to Minister","content":"\t141C Notification to Minister\n\nThe Chairperson of Energy Safe Victoria must notify the Minister in writing if the Chairperson—\n\n(a) gives a direction under section 141(1) or (2); or\n\n(b) gives a direction or does any other thing under section 141A(1); or\n\n(c) gives a direction under section 141AC(2).\n\nPt 12 Div. 1A (Heading and ss 141D, 141E) inserted by No. 22/2023 s. 37.\n\nDivision 1A—Enforceable undertakings\n\nS. 141D inserted by No. 22/2023 s. 37.\n\n","sortOrder":237},{"sectionNumber":"141D","sectionType":"section","heading":"Energy Safe Victoria may accept written undertakings","content":"\t141D Energy Safe Victoria may accept written undertakings\n\n(1) Energy Safe Victoria, by written notice, may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.\n\n(2) A person may withdraw or vary an undertaking accepted under subsection (1) with the written consent of Energy Safe Victoria.\n\n(3) A person who gives an undertaking accepted under subsection (1) must not contravene that undertaking.\n\nPenalty: In the case of a natural person, 500 penalty units;\n\nIn the case of a body corporate, 2500 penalty units.\n\n(4) Energy Safe Victoria must not commence a proceeding for an offence against this Act or the regulations, constituted by a contravention or alleged contravention to which an undertaking accepted under subsection (1) relates, if the undertaking—\n\n(a) is in effect and is being satisfied; or\n\n(b) has been fully satisfied and discharged.\n\nS. 141E inserted by No. 22/2023 s. 37.\n\n","sortOrder":238},{"sectionNumber":"141E","sectionType":"section","heading":"Enforcement of written undertakings","content":"\t141E Enforcement of written undertakings\n\n(1) If Energy Safe Victoria considers that a person has contravened an undertaking given by the person and accepted under section 141D, Energy Safe Victoria may apply to the Magistrates' Court for an order under subsection (2).\n\n(2) If the Court is satisfied that a person has contravened an undertaking given by the person and accepted under section 141D, the Court may make—\n\n(a) an order that the person comply with the undertaking or take specified action to comply with the undertaking; or\n\n(b) any other order that the Court considers appropriate.\n\nPt 12 Div. 1B (Heading and ss 141F–141K) inserted by No. 13/2025 s. 31.\n\n","sortOrder":239},{"sectionNumber":"Div 1B","sectionType":"division","heading":"Injunctions","content":"Division 1B—Injunctions\n\nS. 141F inserted by No. 13/2025 s. 31.\n\n","sortOrder":240},{"sectionNumber":"141F","sectionType":"section","heading":"Injunctions","content":"\t141F Injunctions\n\n(1) A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—\n\n(a) a contravention of a provision of this Act or of the regulations or a contravention of a notice, direction, order or determination issued or made under a provision of this Act or the regulations; or\n\n(b) attempting to contravene such a provision; or\n\n(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or\n\n(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or\n\n(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or\n\n(f) conspiring with others to contravene such a provision.\n\n(2) The court may grant an injunction under subsection (1) on application by—\n\n(b) any prescribed person.\n\n(3) An application for an injunction under subsection (1) may be made ex parte.\n\n(4) The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised—\n\n(a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and\n\n(b) whether or not the person has previously engaged in conduct of that kind; and\n\n(c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.\n\n(5) Without limiting subsection (1), the Supreme Court may grant an injunction under subsection (1) restraining a person from carrying on a business that involves the carrying out of a regulated activity (whether or not as part of, or incidental to, the carrying on of another business), including but not limited to the business of an electrical contractor or an electrical worker or a supplier of goods and services used in electrical work—\n\n(a) for a specified period; or\n\n(b) except on specified terms and conditions.\n\n(6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following at the person's cost—\n\n(a) institute a training program for the person's employees in relation to compliance with this Act and the regulations;\n\n(b) carry out electrical work or arrange for electrical work to be carried out by a person licensed to carry out that electrical work;\n\n(c) in accordance with the regulations (if any)—\n\n(i) carry out testing of an electrical installation or electrical equipment and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction; or\n\n(ii) arrange for the testing of an electrical installation or electrical equipment by a licensed person and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction.\n\n(7) The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised—\n\n(a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and\n\n(b) whether or not the person has previously refused or failed to do that act or thing; and\n\n(c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.\n\n(8) In this section—\n\n***regulated activity*** means an activity that—\n\n(a) is regulated by this Act; or\n\n(b) involves the carrying out of an activity by a person who is regulated by this Act.\n\nS. 141G inserted by No. 13/2025 s. 31.\n\n","sortOrder":241},{"sectionNumber":"141G","sectionType":"section","heading":"Consent injunctions","content":"\t141G Consent injunctions\n\nIf an application is made under section 141F, the court may, if it considers it appropriate to do so, grant an injunction under this section by consent of all the parties to the proceeding, whether or not the court is satisfied as required by section 141F(1).\n\nS. 141H inserted by No. 13/2025 s. 31.\n\n","sortOrder":242},{"sectionNumber":"141H","sectionType":"section","heading":"Interim injunctions","content":"\t141H Interim injunctions\n\nIf an application is made under section 141F, the court, if it considers it desirable to do so, may grant an interim injunction under this section pending the determination of the application.\n\nS. 141I inserted by No. 13/2025 s. 31.\n\n","sortOrder":243},{"sectionNumber":"141I","sectionType":"section","heading":"Variation and discharge of injunctions","content":"\t141I Variation and discharge of injunctions\n\nA court may vary or discharge—\n\n(a) an injunction that it has granted under section 141F or 141G; or\n\n(b) an interim injunction that it has granted under section 141H.\n\nS. 141J inserted by No. 13/2025 s. 31.\n\n","sortOrder":244},{"sectionNumber":"141J","sectionType":"section","heading":"Injunction may be granted during offence proceedings","content":"\t141J Injunction may be granted during offence proceedings\n\nAn injunction may be granted under this Division during proceedings for an offence under this Act or the regulations and may be granted instead of or in addition to any penalty imposed in those or any other proceedings.\n\nS. 141K inserted by No. 13/2025 s. 31.\n\n","sortOrder":245},{"sectionNumber":"141K","sectionType":"section","heading":"Undertakings as to damages and costs","content":"\t141K Undertakings as to damages and costs\n\nIn an application for an injunction under section 141F, if the application has been made by Energy Safe Victoria and if the court has determined to grant an interim injunction, the court must not, as a condition of granting the interim injunction, require Energy Safe Victoria or any other person to give any undertaking as to damages or costs.\n\nDivision 2—Reporting of serious electrical incidents\n\n","sortOrder":246},{"sectionNumber":"142","sectionType":"section","heading":"Notification of serious electrical incidents","content":"\t142 Notification of serious electrical incidents\n\nS. 142(1) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(1) An electricity supplier must report to Energy Safe Victoria in accordance with the regulations any serious electrical incident which occurs in relation to its supply network.\n\nS. 142(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(2) An electricity supplier must report to Energy Safe Victoria in accordance with the regulations any serious electrical incident of which it is aware and which occurs in relation to an electrical installation to which it supplies electricity.\n\nS. 142(2A) inserted by No. 22/2023 s. 38.\n\n(2A) A declared owner or operator must report to Energy Safe Victoria in accordance with the regulations any serious electrical incident which occurs in relation to its declared installation.\n\nS. 142(3) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(3) A fire control authority must report to Energy Safe Victoria in accordance with the regulations—\n\n(a) any serious electrical incident which it attends; and\n\n(b) the results of any investigation it conducts into a fire of an electrical nature.\n\nS. 142A inserted by No. 22/2023 s. 39.\n\n","sortOrder":247},{"sectionNumber":"142A","sectionType":"section","heading":"Preservation of serious electrical incident sites","content":"\t142A Preservation of serious electrical incident sites\n\nS. 142A(1) amended by No. 13/2025 s. 53(Sch. 1 item 38).\n\n(1) Subject to subsection (2), an electricity supplier that is required to report a serious electrical incident under section 142 must not fail, without reasonable excuse, to ensure that the site of the incident is not disturbed until an authorised officer directs otherwise.\n\n(2) The site of a serious electrical incident may be disturbed for the purpose of—\n\n(a) protecting the health or safety of any person; or\n\n(b) aiding an injured person who was involved in the incident; or\n\n(c) taking action necessary to make the site safe or to prevent a further serious electrical incident; or\n\n(d) restoring supply of electricity.\n\nPt 12 Div. 3 (Heading) inserted by No. 13/2025 s. 32.\n\nDivision 3—Improvement and prohibition notices\n\nS. 143 (Heading) inserted by No. 13/2025 s. 33(1).\n\n","sortOrder":248},{"sectionNumber":"143","sectionType":"section","heading":"Chairperson of Energy Safe Victoria or authorised officer may issue improvement notice","content":"\t143 Chairperson of Energy Safe Victoria or authorised officer may issue improvement notice\n\nS. 143(1) amended by No. 13/2025 s. 33(2)(a).\n\n(1) The Chairperson of Energy Safe Victoria or an authorised officer may issue an improvement notice to a person if the Chairperson or the officer is of the opinion that the person—\n\nS. 143(1)(a) amended by Nos 61/2007 s. 8, 13/2025 s. 33(2)(b).\n\n(a) is contravening any provision of this Act or the regulations; or\n\n(b) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated.\n\n(2) The improvement notice may require the person to whom it is issued to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention.\n\n(3) An improvement notice must—\n\nS. 143(3)(a) amended by No. 13/2025 s. 33(2)(c).\n\n(a) state that the Chairperson of Energy Safe Victoria or the authorised officer is of the opinion that the person—\n\nS. 143(3)(a)(i) amended by Nos 61/2007 s. 8, 13/2025 s. 33(2)(d).\n\n(i) is contravening a provision of this Act or the regulations; or\n\n(ii) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated; and\n\n(b) state the reasons for that opinion; and\n\nS. 143(3)(c) amended by No. 13/2025 s. 33(2)(e).\n\n(c) specify the provision of this Act or the regulations in respect of which that opinion is held; and\n\n(d) specify the day (being a day more than 7 days after the day on which the notice is issued) before which the person is required to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention.\n\n","sortOrder":249},{"sectionNumber":"144","sectionType":"section","heading":"Offence not to comply with improvement notice","content":"\t144 Offence not to comply with improvement notice\n\nS. 144(1) amended by No. 13/2025 s. 44.\n\n(1) A person to whom an improvement notice is issued must comply with the improvement notice.\n\nS. 144(2) amended by No. 24/2002 s. 7.\n\n(2) Subsection (1) does not apply during any period that the operation of the improvement notice is stayed by the Tribunal.\n\nS. 144A inserted by No. 13/2025 s. 34.\n\n","sortOrder":250},{"sectionNumber":"144A","sectionType":"section","heading":"Issue of prohibition notice","content":"\t144A Issue of prohibition notice\n\n(1) If the Chairperson of Energy Safe Victoria or an authorised officer is of the opinion that at any place there is occurring or may occur any activity which involves or will involve immediate risk to the safe supply or use of electricity, the Chairperson or authorised officer may issue a prohibition notice to a person who has or may be reasonably presumed to have control over the activity.\n\n(2) The prohibition notice may prohibit the carrying on of the activity until the Chairperson or an authorised officer certifies in writing that the matters which give or will give rise to the risk are remedied.\n\n(3) A prohibition notice must—\n\n(a) state that the Chairperson or authorised officer is of the opinion that at the place there is occurring or may occur an activity which involves or will involve immediate risk to the safe supply and use of electricity; and\n\n(b) state the reasons for that opinion; and\n\n(c) specify the activity which in the Chairperson's or the authorised officer's opinion involves or will involve an immediate risk to the safe supply and use of electricity; and\n\n(d) if in the Chairperson's or the authorised officer's opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations, specify that provision and state the reasons for that opinion.\n\nS. 144B inserted by No. 13/2025 s. 34.\n\n","sortOrder":251},{"sectionNumber":"144B","sectionType":"section","heading":"Offence not to comply with prohibition notice","content":"\t144B Offence not to comply with prohibition notice\n\n(1) A person to whom a prohibition notice is issued must comply with the prohibition notice.\n\nPenalty: In the case of a natural person, 500 penalty units or 5 years imprisonment or both;\n\nIn the case of a body corporate, 2500 penalty units.\n\n(2) Subsection (1) does not apply during any period that the operation of the prohibition notice is stayed by the Tribunal.\n\nS. 144C inserted by No. 13/2025 s. 34.\n\n","sortOrder":252},{"sectionNumber":"144C","sectionType":"section","heading":"Proceedings for offences not affected by notices","content":"\t144C Proceedings for offences not affected by notices\n\nThe issue, variation or cancellation of an improvement notice or a prohibition notice does not affect any proceedings for an offence against this Act or the regulations in connection with any matter in respect of which the notice was issued.\n\n","sortOrder":253},{"sectionNumber":"145","sectionType":"section","heading":"Notices may include directions","content":"\t145 Notices may include directions\n\nS. 145(1) substituted by No. 13/2025 s. 35.\n\n(1) The Chairperson of Energy Safe Victoria or an authorised officer may include in an improvement notice or a prohibition notice directions as to the measures to be taken to remedy any contravention or likely contravention, risk, matters or activities to which the notice relates.\n\n(2) A direction under subsection (1) may offer the person to whom it is issued a choice of ways in which to remedy the contravention or likely contravention.\n\nDivision 4—Other matters\n\nS. 145A inserted by No. 89/1998 s. 23, amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n","sortOrder":254},{"sectionNumber":"145A","sectionType":"section","heading":"Offences under Part 8","content":"\t145A Offences under Part 8\n\nProceedings for an offence against Part 8 may be brought only by Energy Safe Victoria.\n\n","sortOrder":255},{"sectionNumber":"146","sectionType":"section","heading":"Offences by bodies corporate","content":"\t146 Offences by bodies corporate\n\n(1) If a body corporate commits an offence against this Act or the regulations, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it.\n\n(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision.\n\n(3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations.\n\n(4) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.\n\n(5) In subsection (1), ***officer***, in relation to a body corporate, means—\n\n(a) a director, secretary or executive officer of the body corporate; or\n\n(b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or\n\n(c) a person concerned in the management of the body corporate.\n\n","sortOrder":256},{"sectionNumber":"147","sectionType":"section","heading":"Offences by partnerships or unincorporated associations","content":"\t147 Offences by partnerships or unincorporated associations\n\nIf this Act or a regulation made under this Act provides that a person is guilty of an offence, that reference to a person must—\n\n(a) in the case of a partnership, be read as a reference to each member of the partnership; and\n\n(b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.\n\n","sortOrder":257},{"sectionNumber":"148","sectionType":"section","heading":"False or misleading information","content":"\t148 False or misleading information\n\nS. 148(1) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(1) A person must not give information that is false or misleading in a material particular to Energy Safe Victoria or to an employee of Energy Safe Victoria in connection with an application, notice or submission under this Act or the regulations.\n\n1. 100 penalty units.\n\n(2) In a proceeding for an offence against subsection (1), it is a defence for the accused to prove that the accused believed on reasonable grounds—\n\n(a) in the case of false information, that the information was true; and\n\n(b) in the case of misleading information, that the information was not misleading.\n\nS. 148A inserted by No. 59/2011 s. 21, substituted by No. 22/2023 s. 40.\n\n","sortOrder":258},{"sectionNumber":"148A","sectionType":"section","heading":"When proceedings for offences may be commenced","content":"\t148A When proceedings for offences may be commenced\n\n(1) Subject to subsection (2), despite anything to the contrary in any Act (other than the **Charter of Human Rights and Responsibilities Act 2006**)—\n\n(a) Energy Safe Victoria may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after it becomes aware of the commission of the alleged offence; and\n\n(b) any other person may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after the commission of the alleged offence.\n\n(2) Energy Safe Victoria must not commence a proceeding for an offence against section 141D(3)  or any other offence against this Act or the regulations constituted by a contravention or alleged contravention  to which an undertaking accepted under section 141D relates unless it does so within the period of 6 months after the day on which it—\n\n(a) becomes aware that the undertaking has been contravened; or\n\n(b) consents to the withdrawal of the undertaking under section 141D(2).\n\nS. 148B inserted by No. 13/2025 s. 51.\n\n","sortOrder":259},{"sectionNumber":"148B","sectionType":"section","heading":"Adverse publicity orders","content":"\t148B Adverse publicity orders\n\n(1) If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an ***adverse publicity order***) in relation to the offender requiring the offender—\n\n(a) to take either or both of the following actions within the period specified in the order—\n\n(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;\n\n(ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and\n\n(b) to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.\n\n(2) The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.\n\n(3) If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.\n\n(4) However, if—\n\n(a) the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and\n\n(b) despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—\n\nEnergy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.\n\n(5) If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.\n\n(6) The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.\n\n(7) The court may make an adverse publicity order in relation to an offender in addition to or instead of—\n\n(a) imposing a penalty on the offender; or\n\n(b) making any other order that the court may make in relation to the offence.\n\n","sortOrder":260},{"sectionNumber":"Part 13","sectionType":"part","heading":"Regulations","content":"Part 13—Regulations\n\n","sortOrder":261},{"sectionNumber":"149","sectionType":"section","heading":"Supply safety","content":"\t149 Supply safety\n\nThe Governor in Council may make regulations for or with respect to the safe generation, transmission, distribution and supply of electricity, including—\n\n(a) the protection of persons from risk and property from damage associated with the generation, transmission, distribution and supply of electricity;\n\n(b) the protection and maintenance of and the prevention of interference with operations, electric lines, works and structures associated with the generation, transmission, distribution and supply of electricity.\n\nS. 149A inserted by No. 89/1998 s. 24, amended by Nos 38/2000 s. 21(a), 39/2005 s. 48(Sch. 1 item 2), repealed by No. 61/2007 s. 9, new s. 149A inserted by No. 55/2010 s. 34.\n\n","sortOrder":262},{"sectionNumber":"149A","sectionType":"section","heading":"Reliability and security of electricity supply","content":"\t149A Reliability and security of electricity supply\n\nThe Governor in Council may make regulations for or with respect to the reliability and security of the supply of electricity.\n\n","sortOrder":263},{"sectionNumber":"150","sectionType":"section","heading":"Safety management schemes","content":"\t150 Safety management schemes\n\nThe Governor in Council may make regulations for or with respect to electricity safety management schemes including regulations—\n\n(a) specifying the requirements and standards with which an electricity safety management scheme must comply;\n\nS. 150(b) substituted by Nos 89/1998 s. 25(a), 61/2007 s. 10.\n\n(b) specifying the procedures for the acceptance and revision of an electricity safety management scheme;\n\n(c) requiring an electricity safety management scheme to nominate the persons who are to carry out electrical work under the scheme;\n\nS. 150(d) substituted by Nos 89/1998 s. 25(b), 57/2009 s. 11.\n\n(d) providing for a compliance audit of an accepted ESMS;\n\n(e) providing for the keeping of records in relation to electricity safety management schemes;\n\nS. 150(f) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(f) providing for the payment of bonds to Energy Safe Victoria in respect of electricity safety management schemes;\n\n(g) regulating and requiring the keeping of accounts by the manager of an electricity safety management scheme;\n\nS. 150(h) amended by Nos 38/2000 s. 21(b), 39/2005 s. 48(Sch. 1 item 2).\n\n(h) empowering Energy Safe Victoria  to exempt an electricity safety management scheme from all or any of the requirements of the regulations made in relation to electricity safety management schemes subject to conditions (if any) specified by Energy Safe Victoria.\n\n","sortOrder":264},{"sectionNumber":"151","sectionType":"section","heading":"Electric line clearance","content":"\t151 Electric line clearance\n\n(a) standards of design, construction and maintenance of private electric lines;\n\n(b) the manner in which a distribution company or transmission company may exercise its powers under section 85(b) and (c);\n\n(c) the Code of Practice for Electric Line Clearance setting out—\n\n(i) the duties of responsible persons;\n\n(ii) the standards and practices to be adopted and observed in tree pruning or clearing in the vicinity of electric lines;\n\n(iii) management procedures to minimise danger of electric lines causing fire or electrocution;\n\n(iv) any other matters for or with respect to the maintenance of electric lines;\n\nS. 151(d) inserted by No. 89/1998 s. 26, amended by Nos 39/2005 s. 48(Sch. 1 item 2), 55/2010 s. 35(1).\n\n(d) requiring responsible persons to prepare and submit to Energy Safe Victoria for approval management plans relating to compliance with the Code and requiring compliance with an approved management plan;\n\nS. 151(e) inserted by No. 55/2010 s. 35(2).\n\n(e) the standards and practices to be adopted and observed in relation to—\n\n(i) tree planting, pruning or clearing in the immediate area around electric lines;\n\n(ii) species of tree or classes of tree that may remain or be planted in the immediate area around electric lines;\n\n(iii) species of tree or classes of tree that must be cleared from the immediate area around electric lines;\n\n(iv) the management of trees in the immediate area around electric lines.\n\nS. 151A inserted by No. 55/2010 s. 36.\n\n","sortOrder":265},{"sectionNumber":"151A","sectionType":"section","heading":"Bushfire mitigation","content":"\t151A Bushfire mitigation\n\n(a) the prevention of bushfires arising from electric lines or electrical installations;\n\n(b) the protection of electric lines or electrical installations from the effects of bushfires;\n\n(c) the inspection of electric lines or electrical installations for the purpose of the prevention of bushfires arising from such lines or installations;\n\n(d) the training of persons conducting inspections of the kind referred to in paragraph (c);\n\n(e) the auditing of the training and performance of persons conducting inspections of the kind referred to in paragraph (c).\n\n","sortOrder":266},{"sectionNumber":"152","sectionType":"section","heading":"Installation safety","content":"\t152 Installation safety\n\n(a) safety standards for the design, construction, operation, alteration, repair, maintenance and dismantling of electrical installations;\n\n(b) prohibiting or regulating the construction of electrical installations;\n\n(c) the methods to be followed in carrying out electrical installation work in or in relation to electrical installations;\n\n(d) safety standards in relation to the connection of electrical equipment or apparatus to electrical installations;\n\n(e) safety standards in relation to the connection of electrical installations to an electricity supply;\n\n(f) inspections of electrical installations;\n\n(g) testing of electrical installations and electrical installation work;\n\n(h) the certification of electrical installation work;\n\nS. 152(ha) inserted by No. 89/1998 s. 27, amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(ha) the notification (including electronic notification) to be given to Energy Safe Victoria of completion of certificates of compliance under section 44 or certificates of inspection under section 45 or any classes of those certificates;\n\nS. 152(i) amended by No. 39/2005 s. 48(Sch. 1 item 2).\n\n(i) reasonable fees to be charged by Energy Safe Victoria for the inspection and testing of electrical installations and electrical installation work;\n\n(j) reasonable fees to be charged for the certification of electrical installation work.\n\nS. 153 (Heading) inserted by No. 43/2018 s. 14(1).\n\n","sortOrder":267},{"sectionNumber":"153","sectionType":"section","heading":"Electrical equipment","content":"\t153 Electrical equipment\n\nS. 153(a) amended by No. 43/2018 s. 14(2).\n\n(a) standards for electrical equipment;\n\nS. 153(ab) inserted by No. 43/2018 s. 14(3).\n\n(ab) prescribing the standards of safety of in‑scope electrical equipment and the risk level of in-scope electrical equipment;\n\nS. 153(b) amended by Nos 89/1998 s. 28(1), 39/2005 s. 48(Sch. 1 item 2).\n\n(b) the examination, inspection and testing of electrical equipment, including the provision of samples of equipment to Energy Safe Victoria for testing and the disposal of those samples;\n\nS. 153(c) amended by No. 59/2008 s. 41(3)–(6), substituted by No. 43/2018 s. 14(4).\n\n(c) the certification of suitability of electrical equipment including—\n\n(i) applications for certificates of suitability and the information to accompany the applications;\n\n(ii) the issuing of certificates of suitability;\n\n(iii) the conditions on certificates of suitability;\n\n(iv) the modification of electrical equipment as a requirement of the issue of a certificate of suitability;\n\n(v) the refusal and cancellation of certificates of suitability;\n\n(vi) the renewal, transfer, variation and duration of certificates of suitability;\n\nS. 153(ca) inserted by No. 43/2018 s. 14(4).\n\n(ca) the certification of conformity of electrical equipment including—\n\n(i) applications for certificates of conformity and the information to accompany the applications;\n\n(ii) the issuing of certificates of conformity;\n\n(iii) the conditions of certificates of conformity;\n\n(iv) the modification of electrical equipment as a requirement of the issue of a certificate of conformity;\n\n(v) the refusal and cancellation of certificates of conformity;\n\n(vi) the renewal, transfer, variation and duration of certificates of conformity;\n\nS. 153(d) amended by No. 43/2018 s. 14(5).\n\n(d) the marking and labelling of electrical equipment;\n\nS. 153(da) inserted by No. 43/2018 s. 14(6).\n\n(da) the keeping of registers of certificates of suitability, certificates of conformity and certificate holders;\n\nS. 153(e) amended by No. 89/1998 s. 28(2)(a).\n\n(e) reasonable fees and charges to be charged for or for the recovery of reasonable costs for—\n\nS. 153(e)(i) substituted by No. 89/1998 s. 28(2)(b), amended by No. 59/2008 s. 41(7), substituted by No. 43/2018 s. 14(7).\n\n(i) testing and examination in connection with the certification of suitability of electrical equipment or the certification of conformity of electrical equipment;\n\nS. 153(e)(ii) substituted by No. 89/1998 s. 28(2)(b), amended by No. 59/2008 s. 41(7), substituted by No. 43/2018 s. 14(7).\n\n(ii) preparation of reports in connection with the certification of suitability of electrical equipment or the certification of conformity of electrical equipment;\n\nS. 153(e)(iii) substituted by No. 59/2008 s. 41(8), substituted by No. 43/2018 s. 14(7).\n\n(iii) applications for certificates of suitability or conformity, or the renewal, variation, modification or transfer of certificates of suitability or conformity.\n\nS. 153(e)(iv) repealed by No. 59/2008 s. 41(8).\n\n","sortOrder":268},{"sectionNumber":"154","sectionType":"section","heading":"Equipment efficiency regulations","content":"\t154 Equipment efficiency regulations\n\nS. 154(a) amended by No. 57/2009 s. 12(1).\n\n(a) the standards of energy efficiency and performance required for energy efficiency electrical equipment;\n\nS. 154(b) amended by No. 57/2009 s. 12(2).\n\n(b) prohibiting or regulating the supply or offer of supply of energy efficiency electrical equipment;\n\nS. 154(c) amended by No. 57/2009 s. 12(3).\n\n(c) the registration of energy efficiency electrical equipment, including—\n\n(i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests);\n\n(ii) the granting of registration;\n\n(iii) conditions on registration;\n\n(iv) the transfer of registration;\n\n(v) variation of registration;\n\n(vi) the refusal and cancellation of registration;\n\n(vii) the renewal and duration of registration;\n\nS. 154(c)(viii) amended by No. 57/2009 s. 12(3).\n\n(viii) the keeping of registers of energy efficiency electrical equipment and registration holders;\n\nS. 154(d) amended by Nos. 39/2005 s. 48(Sch. 1 item 2), 57/2009 s. 12(4).\n\n(d) the testing, marking and labelling of energy efficiency electrical equipment, including the provision of samples of equipment and labels to Energy Safe Victoria for testing and the disposal of those samples;\n\nS. 154(e) amended by No. 89/1998 s. 29.\n\n(e) reasonable fees and charges to be charged for or for the recovery of reasonable costs for—\n\nS. 154(e)(i) amended by No. 57/2009 s. 12(5).\n\n(i) the testing, examination, marking or labelling of energy efficiency electrical equipment;\n\nS. 154(e)(ii) amended by No. 57/2009 s. 12(5).\n\n(ii) the preparation of reports about energy efficiency electrical equipment;\n\nS. 154(e)(iii) amended by No. 57/2009 s. 12(5).\n\n(iii) the registration, renewal of registration, modification of registration or transfer of registration of energy efficiency electrical equipment;\n\nS. 154(f) amended by No. 57/2009 s. 12(6).\n\n(f) authorising or requiring the giving of public notices in relation to energy efficiency electrical equipment and the recovery of costs associated with those notices.\n\nS. 155 amended by No. 59/2011 s. 22.\n\n","sortOrder":269},{"sectionNumber":"155","sectionType":"section","heading":"Cathodic protection and stray current corrosion regulations","content":"\t155 Cathodic protection and stray current corrosion regulations\n\n(a) standards and requirements for the design, installation and operation of cathodic protection systems and systems for the mitigation of stray current corrosion;\n\n(b) requiring and regulating the installation, use and maintenance of cathodic protection systems and systems for the mitigation of stray current corrosion;\n\n(c) the registration of cathodic protection systems and systems for the mitigation of stray current corrosion, including—\n\n(i) applications for registration and the information to accompany the applications;\n\n(ii) the granting of certificates of registration;\n\n(iii) conditions on certificates of registration;\n\n(iv) modifications to a system;\n\n(v) the refusal and withdrawal of registration;\n\n(d) the keeping of registers of cathodic protection systems and systems for the mitigation of stray current corrosion;\n\n(e) the testing of cathodic protection systems and systems for the mitigation of stray current corrosion;\n\n(f) reasonable fees (including annual fees) to be charged for the testing of, the examination of and for the preparation of reports about cathodic protection systems and systems for the mitigation of stray current corrosion;\n\nS. 155(1)(g) amended by No. 61/2007 s. 12(5).\n\n(g) prescribing generally the precautions to be taken to secure the working of railways so as to mitigate danger and damage from fusion or electrolytic action and in particular all such matters or things as are necessary or expedient to be prescribed with respect to all or any of the following matters—\n\n(i) return conductors;\n\nS. 155(1)(g)(ii) amended by No. 61/2007 s. 12(5).\n\n(ii) the structure and method of construction of railways and the method of generation, distribution and use of the electrical current;\n\nS. 155(1)(g)(iii) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 61/2007 s. 12(6).\n\n(iii) the making and recording of electric tests whether by the operator of a railway or Energy Safe Victoria.\n\n","sortOrder":270},{"sectionNumber":"156","sectionType":"section","heading":"Electrical contractors and electrical workers","content":"\t156 Electrical contractors and electrical workers\n\nS. 156(a) substituted by No. 69/2000 s. 30(a).\n\n(a) the qualifications (including courses of training and examination, re-examination, assessment and re-assessment) required for registration of electrical contractors or any class of electrical contractors;\n\n(b) the registration of electrical contractors including the conditions under which registration will be granted;\n\n(c) reasonable fees to be paid—\n\n(i) for the registration of electrical contractors;\n\n(ii) for the renewal of registrations;\n\n(d) the suspension or cancellation of the registration of any electrical contractor and the restoration of the registration of any electrical contractor whose registration has been suspended or cancelled.\n\n(e) grades and standards of qualification and competence of electrical workers and their duties;\n\nS. 156(f) amended by No. 69/2000 s. 30(b).\n\n(f) the examination, assessment, grading and licensing of electrical workers and applications for and the issue and variation of licences, including the conditions and restrictions to which licences are subject;\n\n(g) the expiry, renewal, cancellation and suspension of licences;\n\n(h) prescribing forms of licences;\n\n(i) prescribing periodic or other tests of the competence of electrical workers for carrying out electrical work;\n\nS. 156(j) amended by Nos 69/2000 s. 30(c), 4/2020 s. 9.\n\n(j) reasonable fees to be paid for applications for licences, renewal of licences, or any assessment or any theoretical or practical examination in electrical work and refunds of fees.\n\n","sortOrder":271},{"sectionNumber":"157","sectionType":"section","heading":"General regulation making powers","content":"\t157 General regulation making powers\n\n(1) The Governor in Council may make regulations for or with respect to—\n\nS. 157(1)(a) amended by Nos 38/2000 s. 21(c), 39/2005 s. 48(Sch. 1 item 2).\n\n(a) fixing fees and charges, including maximum or minimum fees and charges, for or with respect to any function or service carried out by Energy Safe Victoria;\n\nS. 157(1)(b) amended by Nos 89/1998 s. 30(1), 39/2005 s. 48(Sch. 1 item 2).\n\n(b) empowering Energy Safe Victoria to waive or rebate the payment of a fee or charge in specified circumstances or to refund amounts paid to Energy Safe Victoria in specified circumstances;\n\nS. 157(1)(c) repealed by No. 24/2002 s. 8.\n\n(d) forms for the purposes of this Act or the regulations;\n\nS. 157(1)(e) repealed by No. 24/2002 s. 8.\n\n(f) the keeping of records;\n\n(g) the conducting of tests;\n\n(h) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.\n\n(2) Regulations made under this Act may be made—\n\n(a) so as to apply—\n\n(i) at all times or at a specified time; or\n\n(ii) throughout the whole of the State or in a specified part of the State;\n\nS. 157(2)(aa) inserted by No. 89/1998 s. 30(2).\n\n(aa) so as to apply generally or to be of limited application and may differ according to differences in circumstances;\n\n(b) so as to require a matter affected by the regulations to be—\n\n(i) in accordance with a specified standard or specified requirement; or\n\n(ii) approved by or to the satisfaction of a specified person or body;\n\n(c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—\n\n(i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or\n\nS. 157(2)(c)(ii) amended by No. 59/2008 s. 42.\n\n(ii) as published or amended from time to time;\n\n(d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body;\n\nS. 157(2)(e) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 43/2018 s. 15.\n\n(e) so as to empower Energy Safe Victoria to exempt any person, electrical work, electrical equipment or in-scope electrical equipment from all or any of the requirements of the regulations subject to conditions (if any) specified by Energy Safe Victoria.\n\n(3) The regulations may impose a penalty not exceeding 20 penalty units for a breach of a regulation.\n\n","sortOrder":272},{"sectionNumber":"158","sectionType":"section","heading":"Disallowance of regulations","content":"\t158 Disallowance of regulations\n\nThe regulations are subject to disallowance by a House of the Parliament.\n\n","sortOrder":273},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional provisions and consequential amendments","content":"Part 14—Transitional provisions and consequential amendments\n\nS. 159 repealed by No. 39/2005 s. 47.\n\n","sortOrder":274},{"sectionNumber":"160","sectionType":"section","heading":"Transitional provisions—electrical contractors and mechanics","content":"\t160 Transitional provisions—electrical contractors and mechanics\n\nS. 160(1) amended by No. 11/2024 s. 85.\n\n(1) Any person who was registered as an electrical contractor under Part V of the **Former SEC (Residual Provisions) Act 1958** immediately before the commencement of this section is deemed on that commencement to be registered as an electrical contractor under Division 1 of Part 3 of this Act for the remainder of the registration period.\n\nS. 160(2) amended by No. 11/2024 s. 85.\n\n(2) Any person who was licensed as an electrical mechanic in respect of a grade of electrical wiring work under Part V of the **Former SEC (Residual Provisions) Act 1958** immediately before the commencement of this section is deemed on that commencement to be licensed under Division 2 of Part 3 of this Act as an electrical worker in respect of an equivalent class of electrical work for the remainder of the licence period.\n\n","sortOrder":275},{"sectionNumber":"161","sectionType":"section","heading":"Transitional provision—electrical equipment","content":"\t161 Transitional provision—electrical equipment\n\nS. 161(1) amended by No. 11/2024 s. 86.\n\n(1) Electrical equipment in respect of which an approval was in force under section 51 of the **Former SEC (Residual Provisions) Act 1958** immediately before the commencement of this section is deemed on that commencement to be approved under section 58 of this Act.\n\nS. 161(2) amended by No. 11/2024 s. 86.\n\n(2) An Order under section 57(1) of the **Former SEC (Residual Provisions) Act 1958** in force immediately before the commencement of this section and declaring any class, description or type of electrical appliance to be a proclaimed electrical appliance has effect as an Order under section 67 of this Act declaring any class, description or type of appliance to which the Order applies to be proclaimed electrical equipment for the purposes of Part 5 of this Act and may be amended or revoked accordingly.\n\n","sortOrder":276},{"sectionNumber":"162","sectionType":"section","heading":"Transitional provision—urban area","content":"\t162 Transitional provision—urban area\n\nS. 162(1) amended by No. 11/2024 s. 87.\n\n(1) A notice under section 58(1A) of the **Former SEC (Residual Provisions) Act 1958** specifying an area of land as an urban area that was in force immediately before the commencement of this section has effect as a notice under section 79 of this Act and may be amended or revoked accordingly.\n\nS. 162(2) amended by No. 11/2024 s. 87.\n\n(2) A declaration under section 65(3) of the **Former SEC (Residual Provisions) Act 1958** of an area in an urban area for the purposes of section 60(3) of that Act that was in force immediately before the commencement of this section has effect as a declaration under section 81(1) of this Act and may be amended or revoked accordingly.\n\nS. 162A inserted by No. 38/2000 s. 22.\n\n","sortOrder":277},{"sectionNumber":"162A","sectionType":"section","heading":"Making of certain statutory rules","content":"\t162A Making of certain statutory rules\n\n(1) A notice advising of the decision to make a proposed statutory rule referred to in subsection (2) is deemed to have been published in the Government Gazette as soon as practicable after the decision was made and to have been so published before the proposed statutory rule was made.\n\n(2) In subsection (1), ***proposed statutory rule*** means any of the following proposed statutory rules that were made on 14 December 1999 as—\n\n(a) the Electricity Safety (Management) Regulations 1999;\n\n(b) the Electricity Safety (Network Assets) Regulations 1999;\n\n(c) the Electricity Safety (Electric Line Clearance) Regulations 1999.\n\nS. 163 substituted by No. 24/2002 s. 9.\n\n","sortOrder":278},{"sectionNumber":"163","sectionType":"section","heading":"Transitional provisions—abolition of the Electrical Appeals Board","content":"\t163 Transitional provisions—abolition of the Electrical Appeals Board\n\n","sortOrder":279},{"sectionNumber":"Sch 1","sectionType":"schedule","heading":"has effect.","content":"Schedule 1 has effect.\n\nS. 164 repealed by No. 24/2002 s. 10, new s. 164 inserted by No. 61/2007 s. 11.\n\n","sortOrder":280},{"sectionNumber":"164","sectionType":"section","heading":"Transitional provisions—Electricity Safety Amendment Act 2007","content":"\t164 Transitional provisions—Electricity Safety Amendment Act 2007\n\n***accepted electricity safety management scheme*** has the same meaning as it had in section 3 immediately before the commencement of section 4(3) of the **Electricity Safety Amendment Act 2007**.\n\n(2) An accepted electricity safety management scheme that is in force immediately before the commencement of section 7 of the **Electricity Safety Amendment Act 2007** is deemed on that commencement to be—\n\n(a) if the accepted electricity safety management scheme is in respect of the design, construction, operation, maintenance or decommissioning of a supply network owned or operated by a major electricity company—an electricity safety management scheme accepted by Energy Safe Victoria under Division 2 of Part 10;\n\n(b) if the accepted safety management scheme is in respect of electrical work carried out by electrical workers employed by a scheme operator (as defined by section 107(1)(a) immediately before that section's repeal by section 7 of the **Electricity Safety Amendment Act 2007**)—an electricity safety management scheme accepted by Energy Safe Victoria under section 114;\n\n(c) if the accepted safety management scheme is in respect of electrical work carried out at specified premises occupied by a scheme operator (as defined by section 107(1)(c) immediately before that section's repeal by section 7 of the **Electricity Safety Amendment Act 2007**)—an electricity safety management scheme accepted by Energy Safe Victoria under section 115;\n\n(d) if the accepted safety management scheme is in respect of the design, construction, operation and maintenance of an upstream network of a network operator that is not a major electricity company—an electricity safety management scheme accepted by Energy Safe Victoria under section 116.\n\nS. 165 repealed by No. 24/2002 s. 10, new s. 165 inserted by No. 57/2009 s. 43.\n\n","sortOrder":281},{"sectionNumber":"165","sectionType":"section","heading":"Savings provision—proclaimed electrical equipment","content":"\t165 Savings provision—proclaimed electrical equipment\n\nOn the day section 7 of the **Energy and Resources Legislation Amendment Act 2009** comes into operation, electrical equipment that was proclaimed electrical equipment immediately before the repeal of section 67 by section 6 of that Act is taken to be energy efficiency electrical equipment for the purposes of Part 5.\n\nS. 166 repealed by No. 24/2002 s. 10,  \nnew s. 166 inserted by No. 59/2011 s. 23.\n\n","sortOrder":282},{"sectionNumber":"166","sectionType":"section","heading":"Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011","content":"\t166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011\n\n***commencement day*** means the day on which section 18 of the **Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011** comes into operation.\n\n(2) In any proceeding commenced on or after the commencement day, section 130(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 129 before that commencement day.\n\nS. 167 repealed by No. 24/2002 s. 10, new s. 167 inserted by No. 43/2018 s. 16.\n\n","sortOrder":283},{"sectionNumber":"167","sectionType":"section","heading":"Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018","content":"\t167 Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018\n\n***certificate of compliance*** means a certificate issued under section 55 as in force immediately, before the commencement day;\n\n***certification*** means a certification given in accordance with section 57(2)(c) as in force immediately before the commencement day;\n\n***commencement day*** means the day on which Part 2 of the **Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018** comes into operation;\n\n***controlled electrical equipment*** has the same meaning as in section 50;\n\n***in-scope electrical equipment*** has the same meaning as in section 50;\n\n***level 1 in-scope electrical equipment*** has the same meaning as in section 50;\n\n***level 2 in-scope electrical equipment*** has the same meaning as in section 50;\n\n***Register*** has the same meaning as in section 50;\n\n***registered responsible supplier*** has the same meaning as in section 50;\n\n***regulatory compliance mark*** has the same meaning as in section 50;\n\n***responsible supplier*** has the same meaning as in section 50.\n\n(2) Part 4 applies to a certificate of compliance in respect of electrical equipment, as in force immediately before the commencement day, as if a reference to a certificate of suitability were a reference to a certificate of compliance for the period beginning on the commencement day and ending on (whichever first occurs)—\n\n(a) the day the certificate of compliance for the electrical equipment expires or is cancelled; or\n\n(3) Part 4 applies to an approval under section 57(2)(b), as in force immediately before the commencement day, of electrical equipment where the approval is in force immediately before the commencement day, as if a reference to a certificate of conformity were a reference to that approval for the period beginning on the commencement day and ending on (whichever first occurs)—\n\n(a) the day the approval for the electrical equipment expires or is cancelled; or\n\n(4) Part 4 applies to an approval under section 58, as in force immediately before the commencement day, of electrical equipment where the approval is in force immediately before the commencement day, as if a reference to a certificate of conformity were a reference to that approval for the period beginning on the commencement day and ending on (whichever first occurs)—\n\n(a) the day the approval for the electrical equipment expires or is cancelled; or\n\n(5) Part 4 applies to a certification in respect of electrical equipment, in force immediately before the commencement day, as if a reference to a certificate of conformity were a reference to that certification for the period beginning on the commencement day and ending on (whichever first occurs)—\n\n(a) the day the certification for the electrical equipment expires or is cancelled; or\n\n(6) For 6 months on and from the commencement day a responsible supplier who supplies or offers to supply any in-scope electrical equipment—\n\n(a) is taken to be a registered responsible supplier; and\n\n(b) is taken to have marked the in-scope electrical equipment with a regulatory compliance mark as required; and\n\n(c) is taken to have satisfied a request to supply a compliance folder or a certificate of suitability under section 67C(2), if the responsible supplier supplies on request the relevant documentary evidence within the meaning of section 67B as if a reference in section 67B to level 1 in‑scope electrical equipment were a reference to level 2 in-scope electrical equipment; and\n\n(d) is taken to have registered that equipment in the Register.\n\n(7) A person other than a responsible supplier who purchases in-scope electrical equipment for the purpose of supplying it or offering it for supply to another person before the commencement day or in the period not exceeding 6 months after the commencement day may supply or offer to supply that in‑scope electrical equipment to another person as if—\n\n(a) the electrical equipment was registered in the Register on the day that the person took possession of the electrical equipment; and\n\n(b) the electrical equipment is marked with a regulatory compliance mark as required on the day that the person supplies or offers to supply the electrical equipment.\n\nS. 168 repealed by No. 24/2002 s. 10, new s. 168 inserted by No. 4/2020 s. 17.\n\n\t168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected\n\n(1) The amendments made by the **Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020** do not affect an appointment under section 121(1) that was in force immediately before the commencement of Division 3 of Part 2 of that Act.\n\n(2) An appointment referred to in subsection (1) continues in effect on and after the commencement of Division 3 of Part 2 of the **Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020**.\n\nS. 169 repealed by No. 24/2002 s. 10, new s. 169 inserted by No. 4/2020 s. 17.\n\n\t169 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers\n\n(1) On 31 December 2020, Energy Safe Victoria must give the Minister a statement that lists each person whom Energy Safe Victoria is required, under subsection (2), to list in the statement.\n\n(2) Energy Safe Victoria must list a person in the statement if Energy Safe Victoria is satisfied that, on 31 December 2020, the person is the subject of a current entry in a register of electrical lineworkers maintained by Energy Safe Victoria.\n\n(3) On 1 January 2021, Energy Safe Victoria must, under section 40(1), license each person listed in the statement given to the Minister under subsection (1) as an electrical worker in respect of a specified class of electrical linework.\n\n(4) In issuing licences as required by subsection (3), Energy Safe Victoria is not required to specify the same period of operation, or the same class of electrical linework, in each licence.\n\n(5) Despite anything in section 40 or the regulations—\n\n(a) a person listed in the statement given to the Minister under subsection (1) is not required—\n\n(i) to apply for the licence that subsection (3) requires Energy Safe Victoria to issue the person; or\n\n(ii) to give Energy Safe Victoria any other information or material in relation to the issue of that licence; or\n\n(iii) to pay any fee in relation to the issue of that licence; and\n\n(b) Energy Safe Victoria must issue that licence whether or not the person meets any requirements set out in the regulations for the issue of a licence.\n\n(6) Nothing in subsection (5) prevents Energy Safe Victoria from doing any of the following things in accordance with this Act and the regulations—\n\n(a) varying, cancelling or suspending a licence issued as required by subsection (3);\n\n(b) imposing a condition or restriction on a licence issued as required by subsection (3).\n\nS. 170 repealed by No. 24/2002 s. 10, new s. 170 inserted by No. 13/2025 s. 19.\n\n","sortOrder":284},{"sectionNumber":"170","sectionType":"section","heading":"Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025","content":"\t170 Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025\n\n(1) On the commencement of section 16 of the amending Act, the Electric Line Clearance Consultative Committee is abolished and its members go out of office.\n\n(2) On the commencement of section 18 of the amending Act, the Victorian Electrolysis Committee is abolished and its members go out of office.\n\n(3) In this section—\n\n***amending Act*** means the **Energy and Land Legislation Amendment (Energy Safety) Act 2025**.\n\nS. 171 inserted by No. 13/2025 s. 52.\n\n","sortOrder":285},{"sectionNumber":"171","sectionType":"section","heading":"Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025","content":"\t171 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025\n\n(1) On and after the commencement day, a person appointed as an enforcement officer under section 121 of this Act is taken to be appointed as an authorised officer under that section and a reference to an enforcement officer appointed under this Act in any Act, subordinate instrument, agreement or document is taken to be a reference to an authorised officer appointed under this Act.\n\n***commencement day*** means the day on which section 52 of the **Energy and Land Legislation Amendment (Energy Safety) Act 2025** comes into operation.\n\nSch. 1 amended by Nos 46/1998 s. 7(Sch. 1), 38/2000 s. 23, substituted by No. 24/2002 s. 11.\n\nSchedule 1—Transitional provisions\n\n\t1 Definitions\n\nIn this Schedule—\n\n***Board*** means Electrical Appeals Board established under the **Electricity Safety Act 1998** as in force prior to the commencement day;\n\n***commencement day*** means the day on which section 9 of the **Energy Legislation (Further Miscellaneous Amendments) Act 2002** comes into operation;\n\n***VCAT Act*** means the **Victorian Civil and Administrative Tribunal Act 1998**.\n\n\t2 Abolition of the Electrical Appeals Board\n\n(1) On the commencement day, the Electrical Appeals Board is abolished and its members go out of office.\n\n(2) On and from the commencement day, a reference to the Board in any Act or subordinate instrument (other than this Schedule) or in any other document, so far as it relates to any period after that day and unless the context otherwise requires, must be construed as a reference to the Tribunal.\n\n(3) Subclause (1) does not affect any other provision of this Schedule—\n\n(a) dealing with proceedings before the Electrical Appeals Board; or\n\n(b) providing for the Electrical Appeals Board to continue for certain purposes.\n\n(4) If under this Schedule the Electrical Appeals Board continues for certain purposes, the provisions of the **Electricity Safety Act 1998** as in force immediately before the commencement day relating to membership and procedure continue to apply for those purposes.\n\n\t3 Pending proceedings\n\n(1) If, immediately before the commencement day, a proceeding was pending before the Board but the Board had not begun to hear the matter or had not been presented with any evidence on any material question of fact, the proceeding is to be heard and determined by the Tribunal and for that purpose—\n\n(a) the proceeding is to be taken to have been commenced in the Tribunal; and\n\n(b) anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and\n\n(c) the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and\n\n(d) anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and\n\n(e) the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act as in force immediately before the commencement day; and\n\n(f) any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act.\n\n(2) If, immediately before the commencement day, a proceeding was pending before the Board and the Board had begun to hear the matter or had been presented with evidence on a material question of fact—\n\n(a) the proceeding is to be heard and determined by the Board in accordance with the provisions of the **Electricity Safety Act 1998** as in force immediately before the commencement day; and\n\n(b) the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and\n\n(c) for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and\n\n(d) the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.\n\n\t4 Determinations or orders made by Board\n\nA determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force immediately before that day.\n\n\t5 Power to resolve transitional difficulties\n\nIf any difficulty arises because of the operation of this Schedule in relation to a proceeding (including a proceeding pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.\n\n\t6 Transfer of registers\n\n(1) The Secretary to the Department of Natural Resources and Environment must ensure that—\n\n(a) the register, required to be kept by the Electrical Appeals Board under section 128(2) of the **Electricity Safety Act 1998**, as in force immediately before the commencement of section 6 of the **Energy Legislation (Further Miscellaneous Amendments) Act 2002**, is sent to the Office; and\n\n(b) the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the **Electricity Safety Act 1998** as in force immediately before the commencement of section 9 of the **Energy Legislation (Further Miscellaneous Amendments) Act 2002**, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal.\n\n(2) Despite subclause (1)(b), the Secretary is not required to send to the principal registrar documents relating to a proceeding to which clause 3(2) applies until the conclusion of that proceeding.\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\n*Minister's second reading speech—*\n\n*Legislative Assembly: 17 March 1998*\n\n*Legislative Council: 21 April 1998*\n\nThe long title for the Bill for this Act was \"A Bill relating to the safety of electricity supply and use and the efficiency of electrical equipment, to repeal the **Electric Light and Power Act 1958**, to amend certain other Acts and for other purposes.\"\n\nThe **Electricity Safety Act 1998** was assented to on 12 May 1998 and came into operation as follows:\n\nPart 1 (sections 1–5) on 12 May 1998: section 2(1); Part 2 (sections 6–29), Part 3 Division 4 (sections 46–49), sections 121–127, 129–140, Part 12 Division 4 (sections 146–148), sections 157–159, 163(1)(a)–(c)(2), 164, 165(1)–(4)(6), 166–170 on 1 July 1998: Special Gazette (No. 65) 30 June 1998 page 2; sections 30–45, 50–69, 70(1)–(3)(5)(6), 71–74, 91–97, 128, 141, 152–156, 160, 161, 163(1)(d) and Schedule 1 on 3 May 1999: Government Gazette 29 April 1999 page 967; sections 70(4), 75–90, 98–120, 142–145, 149–151, 162, 163(1)(e)–(i), 165(5) on 31 December 1999: section 2(3).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.  \nSee section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the **Electricity Safety Act 1998** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Electricity Industry Acts (Amendment) Act 1998, No. 89/1998**\n\n| Assent Date: | 24.11.98 |\n| Commencement Date: | Ss 5, 7–12, 13(1), 22, 27–30 on 3.5.99: Government Gazette 29.4.99 p. 967; ss 6, 13(2), 14–21, 23–26 on 31.12.99: s. 2(3) |\n\n**Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999**\n\n| Assent Date: | 8.6.99 |\n| Commencement Date: | Ss 20–22 on 8.6.99: s. 2(1) |\n\n**Transport (Amendment) Act 2000, No. 30/2000**\n\n| Assent Date: | 30.5.00 |\n| Commencement Date: | 31.5.00: s. 2 |\n| Current State: | All of Act in operation |\n\n**Electricity Industry Acts (Amendment) Act 2000, No. 38/2000**\n\n| Assent Date: | 6.6.00 |\n| Commencement Date: | Ss 15–18, 20–24 on 29.6.00; s. 19 on 1.9.00: Government Gazette 29.6.00 p. 1455 |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | Ss 21–31 on 1.1.01: s. 2(4) |\n\n**Electricity Industry Acts (Further Amendment) Act 2001, No. 13/2001**\n\n| Assent Date: | 22.5.01 |\n| Commencement Date: | Ss 11, 12 on 23.5.01: s. 2(1) |\n\n**Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001**\n\n| Assent Date: | 19.6.01 |\n| Commencement Date: | S. 29 on 1.9.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 36) on 15.7.01: s. 2 |\n\n**Essential Services Commission Act 2001, No. 62/2001**\n\n| Assent Date: | 23.10.01 |\n| Commencement Date: | S. 75 on 1.1.02: s. 2 |\n\n**Statute Law (Further Revision) Act 2002, No. 11/2002**\n\n| Assent Date: | 23.4.02 |\n| Commencement Date: | S. 3(Sch. 1 item 21) on 24.4.02: s. 2(1) |\n\n**Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002**\n\n| Assent Date: | 12.6.02 |\n| Commencement Date: | S. 5 on 13.6.02: s. 2(1); ss 3, 4, 6–11 on 29.7.02: Government Gazette 18.7.02 p. 1658 |\n\n**Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003**\n\n| Assent Date: | 11.6.03 |\n| Commencement Date: | Ss 26, 27 on 12.6.03: s. 2(1) |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | S. 155 on 1.7.04: s. 2(2); s. 171 on 1.1.05: s. 2(4) |\n\n**Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004**\n\n| Assent Date: | 25.5.04 |\n| Commencement Date: | Ss 22, 23 on 26.5.04: s. 2(1) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 64) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005**\n\n| Assent Date: | 21.6.05 |\n| Commencement Date: | S. 3 on 22.6.05: s. 2 |\n\n**Energy Safe Victoria Act 2005, No. 39/2005**\n\n| Assent Date: | 27.7.05 |\n| Commencement Date: | Ss 44–48, Sch. 1 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 |\n\n**Education and Training Reform Act 2006, No. 24/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 6.1.2(Sch. 7 item 15) on 1.7.07: Government Gazette 28.6.07 p. 1304 |\n\n**Statute Law (Further Revision) Act 2006, No. 29/2006**\n\n| Assent Date: | 6.6.06 |\n| Commencement Date: | S. 3(Sch. 1 item 10) on 10.8.05: s. 2(2)(e) |\n\n**Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006**\n\n| Assent Date: | 13.6.06 |\n| Commencement Date: | S. 94(Sch. item 14) on 1.7.06: Government Gazette 29.6.06 p. 1315 |\n\n**Electricity Safety Amendment Act 2007, No. 61/2007** (as amended by Nos 25/2008, 57/2009)\n\n| Assent Date: | 4.12.07 |\n| Commencement Date: | Ss 12–16 on 5.12.07: s. 2(1), ss 4(1)(3), 5, 7–11 on 13.12.09: Government Gazette 10.12.09 p. 3215; s. 4(2) never proclaimed, repealed by No. 57/2009 s. 13(2); s. 6 never proclaimed, repealed by No. 57/2009 s. 15 |\n\n**Energy and Resources Legislation Amendment Act 2008, No. 25/2008**\n\n| Assent Date: | 3.6.08 |\n| Commencement Date: | Ss 3–7 on 4.6.08: s. 2(1); s. 8 on 1.1.10: s. 2(3) |\n\n**Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008**\n\n| Assent Date: | 22.10.08 |\n| Commencement Date: | Ss 41, 42 on 23.10.08: s. 2(1) |\n\n**Energy and Resources Legislation Amendment Act 2009, No. 57/2009**\n\n| Assent Date: | 21.10.09 |\n| Commencement Date: | Ss 4, 5, 9–11 on 13.12.09: Government Gazette 10.12.09 p. 3215; ss 6–8, 12, 43 on 1.9.10: s. 2(2) |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | S. 203(1)(Sch. 6 item 16) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Energy and Resources Legislation Amendment Act 2010, No. 55/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | S. 36 on 15.9.10: s. 2(2); ss 12–35, 37 on 21.10.10: Government Gazette 14.10.10 p. 2404 |\n\n**Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011**\n\n| Assent Date: | 8.11.11 |\n| Commencement Date: | Ss 3–23 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 |\n\n**Statute Law Revision Act 2012, No. 43/2012**\n\n| Assent Date: | 27.6.12 |\n| Commencement Date: | S. 3(Sch. item 14) on 28.6.12: s. 2(1) |\n\n**Rail Safety National Law Application Act 2013, No. 22/2013**\n\n| Assent Date: | 23.4.13 |\n| Commencement Date: | S. 56 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 |\n\n**Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013**\n\n| Assent Date: | 18.6.13 |\n| Commencement Date: | S. 12 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 16) on 1.12.13: s. 2(1) |\n\n**Electricity Safety Amendment (Bushfire Mitigation) Act 2014, No. 2/2014**\n\n| Assent Date: | 11.2.14 |\n| Commencement Date: | Ss 4–11, 12(1), 13, 14 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1; s. 12(2) on 29.6.15: s. 2(2) |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| *Assent Date:* | 3.6.14 |\n| *Commencement Date:* | S. 10(Sch. item 51) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Energy Legislation Amendment (Customer Metering Protections and Other Matters) Act 2014, No. 46/2014**\n\n| *Assent Date:* | 1.7.14 |\n| *Commencement Date:* | Ss 8–10 on 30.7.14: Special Gazette (No. 254) 29.7.14 p. 1 |\n\n**Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017**\n\n| Assent Date: | 14.2.17 |\n| Commencement Date: | Ss 11–13 on 1.1.18: s. 2(3) |\n\n**Electricity Safety Amendment (Bushfire Mitigation Civil Penalties Scheme) Act 2017, No. 18/2017**\n\n| Assent Date: | 16.5.17 |\n| Commencement Date: | Ss 4–6 on 1.9.17: s. 2(2) |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 47) on 1.3.19: s. 2(2) |\n\n**Emergency Management Legislation Amendment Act 2018, No. 36/2018**\n\n| *Assent Date:* | 21.8.18 |\n| *Commencement Date:* | S. 81 on 1.12.20: s. 2(3) |\n\n**Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018, No. 43/2018**\n\n| *Assent Date:* | 18.9.18 |\n| *Commencement Date:* | Ss 4–16 on 1.4.19: Special Gazette (No. 517) 30.10.18 p. 1 |\n\n**Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019**\n\n| Assent Date: | 2.7.19 |\n| Commencement Date: | S. 163 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 |\n\n**Rail Safety Legislation Amendment (National Services Delivery and Related Reforms) Act 2019, No. 41/2019**\n\n| Assent Date: | 6.11.19 |\n| Commencement Date: | S. 117(Sch. 1 item 4) on 2.12.19: Special Gazette (No. 480) 26.11.19 p. 1 |\n\n**Transport Legislation Amendment Act 2019, No. 49/2019**\n\n| Assent Date: | 3.12.19 |\n| Commencement Date: | S. 186(Sch. 4 item 16) on 1.1.20: Special Gazette (No. 514) 10.12.19 p. 1 |\n\n**Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020**\n\n| Assent Date: | 25.2.20 |\n| Commencement Date: | Ss 3–19 on 1.1.21: s. 2(2) |\n\n**Local Government Act 2020, No. 9/2020**\n\n| Assent Date: | 24.3.20 |\n| Commencement Date: | S. 390(Sch. 1 item 32) on 6.4.20: Special Gazette (No. 150) 24.3.20 p. 1 |\n\n**Energy Legislation Amendment (Energy Safety) Act 2023, No. 22/2023**\n\n| Assent Date: | 22.8.23 |\n| Commencement Date: | Ss 3–40 on 16.5.24: s. 2(2) |\n\n**State Electricity Commission Amendment Act 2024, No. 11/2024**\n\n| Assent Date: | 26.3.24 |\n| Commencement Date: | Ss 84–88 on 1.7.24: Special Gazette (No. 319) 18.6.24 p. 1 |\n\n**Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025** (as amended by No. 9/2026) [[2]](#endnote-3)\n\n| Assent Date: | 20.5.25 |\n| Commencement Date: | Ss 3–12, 19, 30, 31, 36–51 on 21.5.25: s. 2(1); ss 13, 15–17 on 30.6.25: s. 2(2); ss 14, 18, 20–29, 32–35, 52, 53(Sch. 1) on 1.4.26: s. 2(4) |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | S. 4(Sch. 2 item 10) on 22.10.25: s. 2 |\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\nS. 87(5)(a) (*repealed*): The amendment proposed by section 106(Sch. 1 item 14) of the **Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025,** No. 25/2025 is not included in this publication due to the earlier repeal of section 87 by section 16 of the **Energy and Land Legislation Amendment (Energy Safety) Act 2025**, No. 13/2025.\n\nSection 106(Sch. 1 item 14) reads as follows:\n\n **14 Electricity Safety Act 1998**\n\nIn section 87(5)(a), after \"of Transport\" **insert** \"and Planning\".\n\n1.  [↑](#endnote-ref-2)\n\n2. Table of Amendments (**Energy and Land Legislation Amendment (Energy Safety) Act 2025**, No. 13/2025 (as amended by No. 9/2026)): The amendment proposed by section 53(Sch. 1 item 5A) to the **Energy and Land Legislation Amendment (Energy Safety) Act 2025**, No. 13/2025 (as amended by No. 9/2026) is not included in this publication because section 120ZJ is not part of this Act.\n\n  Section 53(Sch. 1 item 5A) reads as follows:\n\n","sortOrder":286},{"sectionNumber":"5A","sectionType":"section","heading":"In section 120ZJ(1) and (3)(a), for \"enforcement\" **substitute** \"authorised\". [↑](#endnote-ref-3)","content":"  5A In section 120ZJ(1) and (3)(a), for \"enforcement\" **substitute** \"authorised\". [↑](#endnote-ref-3)","sortOrder":287}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as recorded contains later amendments and transitional measures that changed scope from original forms: new product registration/marking and documentary requirements with temporary grandfathering (s.167(2)–(7)); expanded ESV enforcement discretions for prohibitions and recalls (s.62W, s.63, s.65); automatic licensing/granting of electrical worker licences for a defined cohort (s.169); abolition/transfer of the Electrical Appeals Board to the Tribunal and related transitional rules (Sch.1); and abolition of consultative committees (s.170). These measures alter who is regulated, how compliance is evidenced, and the administrative review paths."},"complexity_factors":["Extensive technical definitions and cross‑references (large s.3 definition set) increasing interpretive burden.","Wide discretionary regulatory powers granted to Energy Safe Victoria: approve alternative marks (s.62W), prohibit supply (s.63), require recalls/rectifications (s.65) and alter/revoke such requirements (s.65(4)).","Multiple registration, documentary‑evidence and marking regimes for different risk levels (s.67, s.67A, s.67B–67D, s.67H) with short compliance timeframes (10 business days for evidence requests).","Layered offence and penalty structure including high fines and imprisonment for some breaches (s.64, s.66, s.75).","Supplier bears cost of recalls/rectifications (s.65(6)) and faces strict obligations to identify/locate owners or rely on a narrow defence (s.66(2)).","Governor in Council powers to exempt or exclude entities from parts of the Act (s.3A, s.3B, s.4) add administrative variability and conditionality.","Transitional and grandfathering provisions creating temporary presumptions and legacy compliance rules (s.167(2)–(7), s.169) complicate compliance timing.","Administrative review and dispute channel via Tribunal with compressed time limits for some decisions (s.69(4)–(6)).","Sector‑specific duties for complex installations and recording obligations for public‑land cable controllers (s.75, s.76) introduce operational compliance duties for infrastructure owners."],"plain_english_summary":"This Act sets obligations and enforcement powers to promote electrical safety, supply reliability and equipment efficiency in Victoria. It authorises Energy Safe Victoria to approve or ban equipment, require recalls or rectifications, register and mark electrical products, accept safety management and bushfire mitigation schemes, and impose duties on suppliers, owners/operators of complex installations, and electrical workers.\n\nSuppliers pay compliance and recall costs; the regulator makes many discretionary decisions (approvals, prohibitions, exemptions); non‑compliance attracts fines and possible imprisonment. The framework shifts behaviour toward registration, testing, labelling, documentation and safety plans."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on available information, the Act appears to have remained broadly consistent with its original intent of regulating electrical safety across Victoria. Amendments over time have likely updated technical standards and regulatory powers, but the core purpose — protecting people from electrical hazards through licensing, standards, and enforcement — appears unchanged from the 1998 original."},"complexity_factors":["Covers a broad range of regulated parties — individuals, businesses, contractors, and large energy corporations","Intersects with multiple regulatory frameworks including occupational health and safety, energy regulation, and consumer product safety laws","Delegation of detailed technical standards to subordinate regulations and codes (meaning the full picture requires reading beyond the Act itself)","Licensing and compliance obligations are layered across different categories of electrical work and equipment","Enforcement provisions include a range of mechanisms (inspections, infringement notices, prosecutions) with varying thresholds","Version history indicates significant amendments over time, meaning understanding current obligations may require tracking legislative changes","Limited substantive detail visible in the provided text, making full assessment of scope and exceptions difficult"],"plain_english_summary":"## Electricity Safety Act 1998 (Victoria)\n\n**What is this?**\nThis is a Victorian law designed to regulate the safety of electrical equipment, installations, and infrastructure across the state. It sets out rules to protect people from electrical hazards in homes, workplaces, and public spaces.\n\n**Who does it affect?**\n- **Homeowners and tenants** — rules about electrical installations in residential properties\n- **Businesses and employers** — obligations to ensure electrical equipment and wiring is safe\n- **Electricians and electrical contractors** — licensing, standards, and compliance requirements\n- **Energy companies and network operators** — safety obligations for poles, wires, and power infrastructure\n- **Manufacturers and suppliers** — standards for electrical products sold in Victoria\n\n**Why does it matter?**\nElectricity is one of the leading causes of fire and death in Australian homes and workplaces. This law creates enforceable safety standards, gives regulators the power to investigate and penalise breaches, and sets out who is responsible when something goes wrong. Non-compliance can result in significant fines or prosecution.\n\n**Key things to know:**\n- Energy Safe Victoria (the regulator) is empowered to inspect, investigate, and enforce electrical safety standards\n- There are strict rules around who can carry out electrical work (generally, only licensed electricians)\n- The Act covers everything from household appliances to high-voltage transmission lines\n- Property owners and occupiers can have legal obligations even if they did not do the electrical work themselves"},"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":795},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 1998 scope. Originally focused on electrical work licensing and basic equipment safety, it now includes: (1) comprehensive bushfire mitigation requirements added after 2009 Black Saturday fires (Parts 8 and 10A); (2) mandatory electricity safety management schemes for major companies (Part 10, introduced 2007); (3) a national electrical equipment safety scheme with three risk levels and registration requirements (Part 4, substantially rewritten 2018); (4) civil penalty provisions for bushfire mitigation failures (Part 10A, 2017); and (5) extended coverage to 'declared owners and operators' of complex installations (2023). The 2025 amendments further expanded enforcement tools including injunctions and adverse publicity orders."},"complexity_factors":["Extensive cross-referencing between Parts, Divisions and Subdivisions (e.g., Part 10 Divisions 2, 2A and 2B with applied provisions)","Multiple overlapping regulatory schemes: electrical work licensing, equipment certification, safety management schemes, and bushfire mitigation plans","Nested definitions with conditional meanings (e.g., 'accepted ESMS', 'accepted bushfire mitigation plan', 'responsible supplier')","Numerous transitional provisions preserving old regulatory frameworks while introducing new ones","Complex enforcement mechanisms including criminal offences, civil penalty provisions, infringement notices, enforceable undertakings, and injunctions","Detailed procedural requirements for plan submissions, validations, acceptances, provisional acceptances, and determinations","Extensive amendment history with many sections substituted, repealed and reinserted multiple times","Conditional exemptions and exceptions throughout (e.g., sections 120W, 120X for bushfire mitigation deadlines)","Interaction with other Victorian and Commonwealth legislation (Electricity Industry Act 2000, Australian Consumer Law, etc.)"],"plain_english_summary":"This is Victoria's **Electricity Safety Act 1998**, a comprehensive law that governs electrical safety across the state. Here's what it does:\n\n**Core purpose**: The Act ensures the safe generation, transmission, distribution and use of electricity, while also promoting energy efficiency and preventing bushfires caused by electrical infrastructure.\n\n**Who it affects**:\n- **Electrical workers and contractors** — must be registered or licensed to perform electrical work\n- **Major electricity companies** (distribution and transmission companies) — must submit detailed safety management schemes and bushfire mitigation plans\n- **Suppliers of electrical equipment** — must ensure products meet safety standards and are properly certified\n- **Property owners and occupiers** — responsible for maintaining private electric lines and keeping trees clear of power lines\n- **Railway operators** — must minimise risks from stray electrical currents\n\n**Key requirements**:\n- **Registration and licensing**: Electrical contractors must register with Energy Safe Victoria; electrical workers need licences for specific classes of work\n- **Safety management schemes**: Major electricity companies must prepare and maintain approved plans for safe operation of their networks, with regular independent audits\n- **Bushfire mitigation**: Special requirements for managing fire risks from power lines in high-risk areas, including tree clearance and equipment standards\n- **Equipment safety**: Electrical equipment must meet prescribed standards, with certificates of suitability or conformity required for higher-risk items\n- **Inspection and enforcement**: Authorised officers can enter premises, inspect work, issue improvement or prohibition notices, and seize unsafe equipment\n\n**Energy Safe Victoria** is the regulator responsible for administering the Act, including accepting safety plans, issuing licences, conducting audits, and enforcing compliance through penalties, injunctions and court proceedings.\n\nThe Act has been heavily amended over time, particularly to strengthen bushfire prevention after major fires, and to modernise equipment safety requirements."}},"importantCases":[],"_links":{"self":"/api/acts/electricity-safety-act-1998","history":"/api/acts/electricity-safety-act-1998/history","analysis":"/api/acts/electricity-safety-act-1998/analysis","conflicts":"/api/acts/electricity-safety-act-1998/conflicts","importantCases":"/api/acts/electricity-safety-act-1998/important-cases","documents":"/api/acts/electricity-safety-act-1998/documents"}}