{"id":"sr:electricity-safety-equipment-safety-scheme-regulations-2019","name":"Electricity Safety (Equipment Safety Scheme) Regulations 2019","slug":"electricity-safety-equipment-safety-scheme-regulations-2019","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183661,"registerId":"vic-sr:electricity-safety-equipment-safety-scheme-regulations-2019-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Electricity Safety (Equipment Safety Scheme) Regulations 2019","content":"Version No. 001\n\n**Electricity Safety (Equipment Safety Scheme) Regulations 2019**\n\n**S.R. No. 17/2019**\n\nVersion as at  \n1 April 2019\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provisions 2\n\n3 Commencement 2\n\n4 Revocation 2\n\n5 Definitions 2\n\nPart 2—In-scope electrical equipment 4\n\n6 Prescribed voltage range 4\n\n7 Level 1 in-scope electrical equipment 4\n\n8 Level 2 in-scope electrical equipment 4\n\n9 Level 3 in-scope electrical equipment 4\n\n10 Level 3 in-scope electrical equipment that may be supplied for use 5\n\n11 Testing bodies and persons who can provide test reports required for level 2 in-scope electrical equipment 5\n\nPart 3—Standards 6\n\n12 Relevant standard for level 1 in-scope electrical equipment 6\n\n13 Relevant standards for level 2 in-scope electrical equipment and level 3 in-scope electrical equipment 6\n\n14 Standards for electrical equipment that is not in‑scope electrical equipment 6\n\nPart 4—Certificates of suitability 7\n\n15 Application for certificate of suitability fee 7\n\n16 Variation of certificate of suitability 7\n\n17 Renewal of certificate of suitability 8\n\n18 Transfer of certificate of suitability 9\n\nPart 5—Certificates of conformity 10\n\n19 Application for certificate of conformity fee 10\n\n20 Variation of certificate of conformity 10\n\n21 Renewal of certificate of conformity 11\n\n22 Transfer of certificate of conformity 12\n\nPart 6—Marking 13\n\n23 Regulatory compliance mark for in-scope electrical equipment 13\n\n24 Marking of controlled electrical equipment 13\n\nPart 7—Second-hand in-scope electrical equipment and in-scope electrical equipment offered for hire 15\n\n25 Testing, labelling and tagging of in-scope electrical equipment offered for hire 15\n\n26 Testing, labelling and tagging of second-hand in‑scope electrical equipment 15\n\nPart 8—General 16\n\n27 Register of certificates 16\n\n28 Testing by Energy Safe Victoria 17\n\n29 Disposal of samples 17\n\n30 Rebate of fees 18\n\nPart 9—Infringement notice offences 19\n\n31 Provisions for which infringement notices may be served 19\n\nSchedule 1—Prescribed fees 20\n\n═════════════\n\nEndnotes 22\n\n1 General information 22\n\n2 Table of Amendments 24\n\n3 Amendments Not in Operation 25\n\n4 Explanatory details 26\n\n**Version No.** **001**\n\n**Electricity Safety (Equipment Safety Scheme) Regulations 2019**\n\n**S.R. No. 17/2019**\n\nVersion as at  \n1 April 2019\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is for the purposes of the **Electricity Safety Act 1998**—\n\n(a) to prescribe standards for electrical equipment and relevant standards for in‑scope electrical equipment; and\n\n(b) to provide for the variation, renewal and transfer of certificates of suitability and certificates of conformity; and\n\n(c) to prescribe the marking of electrical equipment; and\n\n(d) to prescribe fees for applications for certificates of suitability and certificates of conformity; and\n\n(e) to prescribe fees for the variation, renewal and transfer of certificates of suitability and certificates of conformity; and\n\n(f) to prescribe offences in respect of which an infringement notice may be served; and\n\n(g) to provide for other matters authorised to be prescribed.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 153 and 157 of the **Electricity Safety Act 1998**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 1 April 2019.\n\n\t4 Revocation\n\nThe Electricity Safety (Equipment) Regulations 2009[[1]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***approved laboratory*** means a laboratory accredited by the National Association of Testing Authorities or approved by Energy Safe Victoria;\n\n***AS/NZS 3760*** means AS/NZS 3760 \"In-service safety inspection and testing of electrical equipment\", as published or amended from time to time;\n\n***AS/NZS 3820*** means AS/NZS 3820 \"Essential safety requirements for electrical equipment\", as published or amended from time to time;\n\n***AS/NZS 4417.1*** means AS/NZS 4417.1 \"Regulatory compliance mark for electrical and electronic equipment, Part 1: Use of the mark\", as published or amended from time to time;\n\n***AS/NZS 4417.2*** means AS/NZS 4417.2 \"Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory requirements\", as published or amended from time  \nto time;\n\n***AS/NZS 5761*** means AS/NZS 5761 \"In-service safety inspection and testing—Second-hand electrical equipment prior to sale\", as published or amended from time to time;\n\n***electrical device*** means a device—\n\n(a) to distribute, control or condition low voltage electrical power; or\n\n(b) to enable the connection of electrical circuits or apparatus;\n\n***electrical luminaire*** means a self-contained electrical equipment that produces visible, ultraviolet or infra-red light output;\n\n***the Act*** means the **Electricity Safety Act 1998**.\n\nPart 2—In-scope electrical equipment\n\n\t6 Prescribed voltage range\n\nFor the purposes of the definition of ***in-scope electrical equipment*** in section 50 of the Act, the prescribed voltage range is a voltage—\n\n(a) above 50 v alternating current but not exceeding 1000 v alternating current; and\n\n(b) above 120 v ripple-free direct current but not exceeding 1500 v ripple-free direct current.\n\n\t7 Level 1 in-scope electrical equipment\n\nFor the purposes of the definition of ***level 1 in‑scope electrical equipment*** in section 50 of the Act, in-scope electrical equipment that is not level 2 in-scope electrical equipment or level 3 in‑scope electrical equipment is prescribed to have a level 1 risk level (low risk).\n\n\t8 Level 2 in-scope electrical equipment\n\nFor the purposes of the definition of ***level 2 in‑scope electrical equipment*** in section 50 of the Act, in-scope electrical equipment that is classified as \"AU Level 2\" in Annex B of AS/NZS 4417.2 is prescribed to have a level 2 risk level (medium risk).\n\n\t9 Level 3 in-scope electrical equipment\n\nFor the purposes of the definition of ***level 3 in‑scope electrical equipment*** in section 50 of the Act, in-scope electrical equipment that is classified as \"AU Level 3\" in Annex B of AS/NZS 4417.2 is prescribed to have a level 3 risk level (high risk).\n\n\t10 Level 3 in-scope electrical equipment that may be supplied for use\n\nFor the purposes of section 67(2)(b)(iii) of the Act, a plug, a supply flexible cord and an appliance connector as defined in AS/NZS 4417.2 are items of prescribed in‑scope electrical equipment.\n\n\t11 Testing bodies and persons who can provide test reports required for level 2 in-scope electrical equipment\n\n(1) For the purposes of section 67C(3)(a) of the Act—\n\n(a) a prescribed testing body is an approved laboratory; and\n\n(b) a prescribed person is a suitably-qualified person.\n\n(2) In this regulation ***suitably-qualified person*** means a person who has—\n\n(a) a degree qualification in electrical engineering and at least 2 years experience in the use of relevant standards or standards prescribed for the purposes of section 54(a) of the Act; or\n\n(b) an advanced diploma or equivalent qualification in an electrical discipline and at least 3 years experience in the use of relevant standards or the standards prescribed for the purposes of section 54(a) of the Act; or\n\n(c) a trade qualification in an electrical discipline and at least 4 years experience in the use of relevant standards or the standards prescribed for the purposes of section 54(a) of the Act.\n\nPart 3—Standards\n\n\t12 Relevant standard for level 1 in-scope electrical equipment\n\nFor the purposes of the definition of ***relevant standard*** in section 50 of the Act, the standard prescribed to apply to level 1 in-scope electrical equipment is AS/NZS 3820.\n\n\t13 Relevant standards for level 2 in-scope electrical equipment and level 3 in-scope electrical equipment\n\nFor the purposes of the definition of ***relevant standard*** in section 50 of the Act, the standards prescribed to apply to level 2 in-scope electrical equipment and level 3 in-scope electrical equipment are the standards listed in Annex B of AS/NZS 4417.2.\n\n\t14 Standards for electrical equipment that is not in‑scope electrical equipment\n\nFor the purposes of section 54(a) of the Act, the standard prescribed to apply to electrical equipment that is not in-scope electrical equipment is AS/NZS 3820.\n\nPart 4—Certificates of suitability\n\n\t15 Application for certificate of suitability fee\n\nFor the purposes of section 57(2)(b) of the Act, the prescribed fee for an application for a certificate of suitability is the relevant fee specified in item 1 or 2 of the Table in Schedule 1.\n\n\t16 Variation of certificate of suitability\n\n(1) An application under section 60(1) of the Act must be in writing and in the form approved by Energy Safe Victoria.\n\n(2) The application must be accompanied by the following—\n\n(a) a description of the proposed variation to the matter certified by the certificate of suitability;\n\n(b) the fee set out in item 3 of the Table in Schedule 1;\n\n(c) any additional information required by Energy Safe Victoria to decide the application.\n\n(3) Energy Safe Victoria may require the applicant to provide any of the following in respect of the electrical equipment that is the subject of the application—\n\n(a) a sample of the electrical equipment;\n\n(b) a report by an approved laboratory on any testing of the electrical equipment;\n\n(c) any technical documentation of the electrical equipment;\n\n(d) a colour image of the internal or external construction of the electrical equipment.\n\n\t17 Renewal 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 for the renewal of the certificate.\n\n(2) A renewal application must—\n\n(a) be in writing; and\n\n(b) contain the following information—\n\n(i) the name and address of the applicant;\n\n(ii) the number of the certificate of suitability;\n\n(iii) a description of the electrical equipment;\n\n(iv) the brand name, model name and model number of the electrical equipment; and\n\n(c) be accompanied by a declaration by the applicant or a person authorised by the applicant stating—\n\n(i) the electrical equipment has not been modified since the certificate for that equipment was issued or varied; and\n\n(ii) the relevant standard or standards prescribed to apply to the electrical equipment (as the case requires) that the electrical equipment was tested against have not changed since the issue or varying of the certificate of suitability; and\n\n(d) be accompanied by any additional information required by Energy Safe Victoria to decide the renewal application; and\n\n(e) be accompanied by the fee set out in item 4 of the Table in Schedule 1.\n\n(3) After considering a renewal application Energy Safe Victoria may—\n\n(a) renew the certificate of suitability for a period not exceeding 5 years; or\n\n(b) refuse to renew the certificate of suitability.\n\n(4) A renewed certificate of suitability expires on the date specified in the certificate, unless sooner suspended or cancelled.\n\n\t18 Transfer of certificate of suitability\n\nAn application under section 60(1) of the Act to vary a certificate of suitability to refer to the name of the person to whom the certificate is to be transferred must be—\n\n(a) made in writing by the holder of the certificate and contain the name and address of the transferee; and\n\n(b) accompanied by—\n\n(i) the certificate to be transferred; and\n\n(ii) a statement, signed by the transferee, that the transferee agrees to accept the responsibilities of the certificate holder; and\n\n(iii) the fee set out in item 5 of the Table in Schedule 1.\n\nPart 5—Certificates of conformity\n\n\t19 Application for certificate of conformity fee\n\nFor the purposes of section 62D(2)(b) of the Act, the prescribed fee for an application for a certificate of conformity is the relevant fee specified in item 6, 7, 8 or 9 of the Table in Schedule 1.\n\n\t20 Variation of certificate of conformity\n\n(1) An application under section 62G(1) of the Act must be in writing and in the form approved by Energy Safe Victoria.\n\n(2) The application must be accompanied by the following—\n\n(a) a description of the proposed variation to the matter certified by the certificate of conformity;\n\n(b) the fee set out in item 10 of the Table in Schedule 1;\n\n(c) any additional information required by Energy Safe Victoria to decide the application.\n\n(3) Energy Safe Victoria may require the applicant to provide any of the following in respect of the electrical equipment that is the subject of the application—\n\n(a) a sample of the electrical equipment;\n\n(b) a report by an approved laboratory on any testing of the electrical equipment;\n\n(c) any technical documentation of the electrical equipment;\n\n(d) a colour image of the internal or external construction of the electrical equipment.\n\n\t21 Renewal 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 for the renewal of the certificate.\n\n(2) A renewal application must—\n\n(a) be in writing; and\n\n(b) contain the following information—\n\n(i) the name and address of the applicant;\n\n(ii) the number of the certificate of conformity;\n\n(iii) a description of the electrical equipment;\n\n(iv) the brand name, model name and model number of the electrical equipment; and\n\n(c) be accompanied by a declaration by the applicant or a person authorised by the applicant stating—\n\n(i) the electrical equipment has not been modified since the certificate for that equipment was issued or varied; and\n\n(ii) the relevant standard or standards prescribed to apply to the electrical equipment (as the case requires) that the electrical equipment was tested against have not changed since the issue or varying of the certificate of suitability; and\n\n(d) be accompanied by any additional information required by Energy Safe Victoria to decide the renewal application; and\n\n(e) be accompanied by the fee set out in item 11 of the Table in Schedule 1.\n\n(3) After considering a renewal application Energy Safe Victoria may—\n\n(a) renew the certificate of conformity for a period not exceeding 5 years; or\n\n(b) refuse to renew the certificate of conformity.\n\n(4) A renewed certificate of conformity expires on the date specified in the certificate, unless sooner suspended or cancelled.\n\n\t22 Transfer of certificate of conformity\n\nAn application under section 62G(1) of the Act to vary a certificate of conformity to refer to the name of the person to whom the certificate is to be transferred must be—\n\n(a) made in writing by the holder of the certificate and contain the name and address of the transferee; and\n\n(b) accompanied by—\n\n(i) the certificate to be transferred; and\n\n(ii) a statement, signed by the transferee, that the transferee agrees to accept the responsibilities of the certificate holder; and\n\n(iii) the fee set out in item 12 of the Table in Schedule 1.\n\nPart 6—Marking\n\n\t23 Regulatory compliance mark for in-scope electrical equipment\n\nFor the purposes of paragraphs (a) and (b) of the definition of ***regulatory compliance mark*** in section 50 of the Act, the prescribed standard is AS/NZS 4417.1.\n\n\t24 Marking of controlled electrical equipment\n\n(1) For the purposes of section 55(3)(a) of the Act, controlled electrical equipment is marked as prescribed if—\n\n(a) in the case that Energy Safe Victoria has specified in the certificate of conformity issued for the electrical equipment that it is not practicable to mark the electrical equipment—the number of the certificate is marked on the package in which the electrical equipment is supplied; or\n\n(b) in any other case—the electrical equipment is marked with the number of the certificate of conformity issued for the equipment.\n\n(2) For the purposes of section 55(3)(b) of the Act, controlled electrical equipment is marked as prescribed if—\n\n(a) in the case that a regulatory authority has specified in the certificate of conformity issued for the electrical equipment that it is not practicable to mark the electrical equipment—the number of the certificate is marked on the package in which the electrical equipment is supplied; or\n\n(b) in any other case—the electrical equipment is marked with the number of the certificate of conformity issued for the equipment.\n\n(3) For the purposes of section 55(3)(c) of the Act, controlled electrical equipment is marked as prescribed if—\n\n(a) in the case that an external certifier has specified in the certificate of conformity issued for the electrical equipment that it is not practicable to mark the electrical equipment—the number of the certificate is marked on the package in which the electrical equipment is supplied; or\n\n(b) in any other case—the electrical equipment is marked with the number of the certificate of conformity issued for the equipment.\n\nPart 7—Second-hand in-scope electrical equipment and in-scope electrical equipment offered for hire\n\n\t25 Testing, labelling and tagging of in-scope electrical equipment offered for hire\n\nFor the purposes of section 67J(b) of the Act, the prescribed requirements are the requirements set out in AS/NZS 3760.\n\n\t26 Testing, labelling and tagging of second-hand in‑scope electrical equipment\n\nFor the purposes of section 67K of the Act, the following are the prescribed requirements—\n\n(a) if the item of in-scope electrical equipment is tested for safety, the requirements set out in AS/NZS 5761;\n\n(b) if the item of in-scope electrical equipment is not tested for safety, that the item of in‑scope electrical equipment is—\n\n(i) labelled or tagged as second-hand equipment or with the word \"used\";  \nand\n\n(ii) accompanied by information stating that the item of in-scope electrical equipment has not been tested for safety.\n\nPart 8—General\n\n\t27 Register of certificates\n\n(1) Energy Safe Victoria must keep a register of the certificates of suitability and certificates of conformity it issues.\n\n(2) Energy Safe Victoria must record in the register in respect of each certificate of suitability and certificate of conformity that is in force the following information—\n\n(a) the certificate number and date of issue of the certificate;\n\n(b) the brand name, model name and model number of the electrical equipment for which the certificate is issued;\n\n(c) a description of the electrical equipment for which the certificate is issued;\n\n(d) the expiry date of the certificate.\n\n(3) Energy Safe Victoria may record in the register details in respect of certificates of suitability and certificates of conformity issued by external certifiers and regulatory authorities.\n\n(4) The holder of a certificate of suitability or a certificate of conformity issued by Energy Safe Victoria must notify Energy Safe Victoria within 20 business days after any change in their name or address.\n\nPenalty: 10 penalty units.\n\n(5) Energy Safe Victoria must publish the information recorded in the register on an Internet site administered by Energy Safe Victoria.\n\n\t28 Testing by Energy Safe Victoria\n\n(1) This regulation applies to a person who supplies or offers to supply or has supplied electrical equipment in Victoria in the course of carrying out a business.\n\n(2) Energy Safe Victoria, by notice in writing, may require a person to provide a sample of specified electrical equipment the person supplies or offers to supply or has supplied in Victoria to Energy Safe Victoria or to a laboratory nominated in the notice.\n\n(3) On receiving a notice under subregulation (2), a person must provide the sample of the specified electrical equipment to Energy Safe Victoria or to a laboratory nominated in the notice within 15 business days after receipt of the notice.\n\nPenalty: 20 penalty units.\n\n\t29 Disposal of samples\n\n(1) Subject to subregulation (2), Energy Safe Victoria or a nominated laboratory may dispose of a sample of electrical equipment provided to Energy Safe Victoria or a nominated laboratory (as the case requires) for the purposes of the Act or these Regulations.\n\n(2) Energy Safe Victoria or a nominated laboratory must not dispose of the sample unless—\n\n(a) Energy Safe Victoria gives written notice to the person who provided the sample that the sample is ready for collection;  \nand\n\n(b) the sample is not collected within 20 business days after the notice is  \ngiven.\n\n\t30 Rebate of fees\n\nEnergy Safe Victoria may waive or rebate the payment of a fee on an application for the issue of a certificate of suitability or a certificate of conformity if—\n\n(a) an application is withdrawn and a new application submitted; or\n\n(b) the applicant satisfies Energy Safe Victoria that—\n\n(i) the applicant is suffering financial hardship; or\n\n(ii) special circumstances apply.\n\nPart 9—Infringement notice offences\n\n\t31 Provisions for which infringement notices may be served\n\nFor the purposes of paragraph (b) of the definition of ***prescribed offence*** in section 140A of the Act, the prescribed provisions are regulations 27(4) and 28(3).\n\nSchedule 1—Prescribed fees\n\nRegulations 15, 16(2)(b), 17(2)(e), 18(b)(iii),  \n19, 20(2)(b), 21(2)(e) and 22(b)(iii)\n\nTable\n\n| *Item No.* | *Description of application* | *Fee* |\n| --- | --- | --- |\n| 1 | For an application under section 57(1) of the Act for a new  certificate of suitability | 60 fee units |\n| 2 | For an application under section 57(1) of the Act for a certificate of suitability—for a new certificate of suitability for electrical equipment previously certified by Energy Safe Victoria | 40 fee units |\n| 3 | For an application under section 60(1) of the Act for a variation of a certificate of suitability | 17 fee units |\n| 4 | For an application for the renewal of certificate of suitability | 17 fee units |\n| 5 | For an application under section 60(1) of the Act for a variation of a certificate of suitability to refer to the name of the person to whom the certificate is to be transferred | 17 fee units |\n| 6 | For an application under section 62D(1) of the Act for a new certificate of conformity for electrical devices or electrical luminaires | 34 fee units |\n| 7 | For an application under section 62D(1) of the Act for a new certificate of conformity for electrical equipment (other than an electrical device or electrical luminaire) | 51 fee units |\n| 8 | For an application under section 62D(1) of the Act for a certificate of conformity—for a new certificate of conformity for electrical devices or electrical luminaires previously certified by Energy Safe Victoria | 23 fee units |\n| 9 | For an application under section 62D(1) of the Act for a certificate of conformity—for a new certificate of conformity for electrical equipment previously certified by Energy Safe Victoria (other than an electrical device or electrical luminaire) | 34 fee units |\n| 10 | For an application under section 62G(1) of the Act for a variation of a certificate of conformity | 17 fee units |\n|  |  |  |\n| 11 | For an application for the renewal of a certificate of conformity | 17 fee units |\n| 12 | For an application under section 62G(1) of the Act for a variation of a certificate of conformity to refer to the name of the person to whom the certificate is to be transferred | 17 fee units |\n\n\n═════════════\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\nThe Electricity Safety (Equipment Safety Scheme) Regulations 2019, S.R. No. 17/2019 were made on 19 March 2019 by the Governor in Council under sections 153 and 157 of the **Electricity Safety Act 1998**, No. 25/1998 and came into operation on 1 April 2019: regulation 3.\n\nThe Electricity Safety (Equipment Safety Scheme) Regulations 2019 will sunset 10 years after the day of making on 19 March 2029 (see section 5 of the **Subordinate Legislation Act 1994**).\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 regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule 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 a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule 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 a Statutory Rule 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 a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Electricity Safety (Equipment Safety Scheme) Regulations 2019 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 36/2009.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.\n\n  The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 17/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 5, definition of ***AS/NZS 3760*** | AS/NZS 3760: 2010, \"In‑service safety inspection and testing of electrical equipment\", 6th edition published by Standards Australia on 30 September 2010 incorporating Amendments No. 1 (April 2011) and No. 2 (December 2012) | The whole |\n    | Regulation 5, definition of ***AS/NZS 3820*** | AS/NZS 3820: 2009, \"Essential safety requirements for electrical equipment\", 2nd edition published by Standards Australia on 11 December 2009 incorporating amendment No. 1 (December 2011) | The whole |\n    | Regulation 5, definition of ***AS/NZS 4417.1*** | AS/NZS 4417.1: 2012, \"Regulatory compliance mark for electrical and electronic equipment, Part 1: Use of the mark\", 4th edition published by Standards Australia on 29 June 2012 | The whole |\n    |  |  |  |\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 5, definition of ***AS/NZS 4417.2*** | AS/NZS 4417.2: 2018, \"Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory requirements\", 5th edition published by Standards Australia on 2 July 2018 | The whole |\n    | Regulation 5, definition of ***AS/NZS 5761*** | AS/NZS 5761: 2011, \"In‑service safety inspection and testing—Second-hand electrical equipment prior to sale\", 2nd edition published by Standards Australia on 4 August 2011 | The whole |\n    | Regulation 8 | AS/NZS 4417.2: 2018, \"Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory requirements\", 5th edition published by Standards Australia on 2 July 2018 | Annex B |\n    | Regulation 9 | AS/NZS 4417.2: 2018, \"Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory requirements\", 5th edition published by Standards Australia on 2 July 2018 | Annex B |\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 10 | AS/NZS 4417.2: 2018, \"Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory requirements\", 5th edition published by Standards Australia on 2 July 2018 | The whole |\n    | Regulation 12 | AS/NZS 3820: 2009, \"Essential safety requirements for electrical equipment\", 2nd edition published by Standards Australia on 11 December 2009 incorporating amendment No. 1 (December 2011) | The whole |\n    | Regulation 13 | AS/NZS 4417.2: 2018, \"Regulatory compliance mark for electrical and electronic equipment, Part 2: Specific requirements for particular regulatory requirements\", 5th edition published by Standards Australia on 2 July 2018 | Annex B |\n    | Regulation 14 | AS/NZS 3820: 2009, \"Essential safety requirements for electrical equipment\", 2nd edition published by Standards Australia on 11 December 2009 incorporating amendment No. 1 (December 2011) | The whole |\n    |  |  |  |\n    | --- | --- | --- |\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | Regulation 23 | AS/NZS 4417.1: 2012, \"Regulatory compliance mark for electrical and electronic equipment, Part 1: Use of the mark\", 4th edition published by Standards Australia on 29 June 2012 | The whole |\n    | Regulation 25 | AS/NZS 3760: 2010, \"In‑service safety inspection and testing of electrical equipment\", 6th edition published by Standards Australia on 30 September 2010 incorporating Amendments No. 1 (April 2011) and No. 2 (December 2012) | The whole |\n    | Regulation 26(a) | AS/NZS 5761: 2011, \"In‑service safety inspection and testing—Second-hand electrical equipment prior to sale\", 2nd edition published by Standards Australia on 4 August 2011 | The whole |\n\n   [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear consistent with their original intent as stated in regulation 1: prescribing standards for electrical equipment, providing for certificate administration, marking requirements, fees, and infringement offences. The scope remains focused on equipment safety scheme administration without significant mission creep."},"complexity_factors":["Extensive incorporation of external standards (AS/NZS 3760, 3820, 4417.1, 4417.2, 5761) by reference, requiring cross-referencing to documents not included in the regulations","Nested conditional logic in Part 6 (marking requirements) with three parallel subregulations (24(1), 24(2), 24(3)) each containing 'if practicable/not practicable' bifurcations","Dual certificate systems (Certificates of Suitability vs Certificates of Conformity) with parallel but distinct administrative processes in Parts 4 and 5","Fee calculation requires understanding of the Monetary Units Act 2004 and 'fee units' rather than dollar amounts","Multiple defined terms in regulation 5, including technical definitions like 'electrical device' and 'electrical luminaire'","Cross-references to specific sections of the Electricity Safety Act 1998 throughout (e.g., sections 50, 54, 57, 60, 62D, 62G, 67, 67C, 67J, 67K, 140A)"],"plain_english_summary":"These regulations set the rules for making sure electrical equipment sold or hired in Victoria is safe to use. They work under the Electricity Safety Act 1998.\n\n**What the regulations do:**\n\n*   **Sort electrical gear into risk levels:** Equipment is classified as Level 1 (low risk), Level 2 (medium risk), or Level 3 (high risk) based on Australian/New Zealand standards. This determines how strictly it must be tested and certified.\n*   **Set safety standards:** They specify which Australian/New Zealand standards (AS/NZS) different types of equipment must meet. For example, Level 1 equipment must meet AS/NZS 3820.\n*   **Require certificates:** Manufacturers and suppliers need certificates to prove their equipment is safe. The regulations explain how to apply for these certificates, how much they cost (using \"fee units\"), how to renew them (up to 5 years), and how to transfer them to another business.\n*   **Marking rules:** Safe equipment must carry a \"regulatory compliance mark\" (a specific safety mark) so consumers know it meets standards. If it's not practical to mark the item itself, the certificate number must be on the packaging.\n*   **Second-hand and hire equipment:** Special rules apply to used equipment and gear offered for hire. It must be tested, labelled, and tagged according to specific standards (AS/NZS 3760 for hire gear, AS/NZS 5761 for second-hand items). If second-hand gear isn't tested, it must be clearly labelled as \"used\" and state it hasn't been safety tested.\n*   **Testing and enforcement:** Energy Safe Victoria (the safety regulator) can demand samples of equipment for testing, keep a public register of certificates, and issue fines (infringement notices) for rule breaches.\n\n**Who it affects:**\n\n*   Manufacturers and importers of electrical equipment\n*   Businesses selling or hiring out electrical gear\n*   Testing laboratories and certifiers\n*   Consumers (indirectly, by ensuring safer products)\n\n**Why it matters:**\n\nFaulty electrical equipment can kill or cause fires. These regulations create a clear system to ensure only tested, certified, and marked electrical products enter the Victorian market, reducing the risk of electric shock, injury, or property damage."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The instrument revokes the 2009 regulations (reg 4) and re‑establishes the regulatory framework by prescribing voltage ranges, risk levels, standards, certification processes, marking and fees (regs 6–14, Parts 4–6, Schedule 1). It does not expressly state an expansion or contraction of scope compared with prior instruments; no explicit scope change is set out within this text. The instrument will sunset after 10 years as noted in the Endnotes."},"complexity_factors":["Cross-references to the Electricity Safety Act 1998 for core powers and definitions (regs 1–2, repeated through Parts 2–9).","Reliance on multiple external Australian/New Zealand standards incorporated by reference (AS/NZS 3760, 3820, 4417.1/2, 5761) which require users to consult technical documents outside the instrument (reg 5; Explanatory table).","Layered certification regime with separate procedures, fees and timelines for certificates of suitability and conformity, including variation, renewal and transfer processes (Parts 4–5; Schedule 1).","Risk-tiering of equipment (level 1–3) tied to standards and Annex B classifications, creating different compliance paths by risk level (regs 6–10, 12–13).","Operational discretion vested in Energy Safe Victoria: approval of forms, additional information requests, sample/testing directions and fee waivers/rebates (regs 16(3), 17(3), 20(3), 27(3), 28, 30).","Specific administrative obligations and penalties (registering certificates, notifying change of details, time-limited sample production) that impose business record-keeping and compliance burdens (regs 27(1)–(5), 28(2)–(3); penalties in regs 27(4), 28(3)).","Technical qualification thresholds for persons who may provide test reports for medium-risk equipment, adding personnel/compliance constraints (reg 11(2)).","Multiple enforcement paths: administrative (registering, marking), testing and disposal rules for samples, fees and infringement notices—requiring businesses to manage several distinct risks (regs 23–26, 28–31)."],"plain_english_summary":"This regulation prescribes safety standards, risk classifications, testing, marking and certification rules for electrical equipment supplied in Victoria, and sets application fees. It affects manufacturers, importers, suppliers, hirers and certifiers. Applicants pay fees (Schedule 1) and Energy Safe Victoria decides on, issues, varies, renews and registers certificates and may require samples and testing (regs 11, 16–22, 27–28). Compliance requires testing, marking and record-keeping; non-compliance can attract penalties and infringement notices (regs 27(4), 28(3), 31)."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no evidence of scope change from the original intent. The regulations appear to have been made in 2019 (Statutory Rule 17/2019) and the consolidated version reflects the as-made version, suggesting minimal or no amendments that would have altered the original regulatory scope."},"complexity_factors":["Insufficient legislative text provided to fully assess complexity — document appears to be metadata/headers only","Equipment safety schemes typically involve technical compliance standards that reference external Australian/international standards documents","Likely involves multiple regulatory pathways (registration, approval, in-situ verification) adding procedural complexity","Interaction with federal product safety laws (Australian Consumer Law) and other state electrical safety frameworks creates jurisdictional layering","Technical definitions of equipment categories and certification classes can be difficult to navigate for small businesses","Penalty and enforcement provisions typically require careful legal interpretation"],"plain_english_summary":"The regulations establish Victoria’s Equipment Safety Scheme to ensure electrical products sold or used in the state meet safety standards. They affect manufacturers, importers, suppliers and tradespeople by imposing certification, testing and compliance obligations, and protect consumers by keeping unsafe electrical goods off the market. This framework reduces risks of fires and electrocution from faulty equipment."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/electricity-safety-equipment-safety-scheme-regulations-2019","history":"/api/acts/electricity-safety-equipment-safety-scheme-regulations-2019/history","analysis":"/api/acts/electricity-safety-equipment-safety-scheme-regulations-2019/analysis","conflicts":"/api/acts/electricity-safety-equipment-safety-scheme-regulations-2019/conflicts","importantCases":"/api/acts/electricity-safety-equipment-safety-scheme-regulations-2019/important-cases","documents":"/api/acts/electricity-safety-equipment-safety-scheme-regulations-2019/documents"}}