{"id":"energy-products-safety-and-efficiency-act-2000","name":"Energy Products (Safety and Efficiency) Act 2000","slug":"energy-products-safety-and-efficiency-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31982,"registerId":"sa-energy-products-safety-and-efficiency-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Energy Products (Safety and Efficiency) Act 2000","content":"South Australia\nEnergy Products (Safety and Efficiency) Act 2000\nAn Act to make provisions relating to the safety, performance, energy efficiency and labelling of products powered by electricity, gas or some other energy source; and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\n4\tStandards—availability to public\nPart 2—Safety, performance and energy efficiency of energy products\n5\tProclamation for purposes of Part\n6\tOffences relating to safety and performance, certification and information\n6A\tOffences relating to energy performance\n7\tOffences relating to labels\n8\tProhibition of sale or use of unsafe energy products\n9\tMutual recognition\n9A\tPublic warning statements about unsafe energy products, practices etc\nPart 3—Enforcement\n10\tAppointment of authorised officers\n11\tGeneral powers of authorised officers\n12\tProvisions relating to seizure\n13\tRecovery of costs\n13A\tOffence to hinder etc authorised officer\nPart 4—Miscellaneous\n14\tPower of exemption\n15\tStatutory declarations\n16\tFalse or misleading information\n17\tGeneral defence\n19\tContinuing offence\n20\tEvidence\n21\tService\n22\tDelegation\n23\tConfidential information\n25\tAnnual report\n26\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Energy Products (Safety and Efficiency) Act 2000.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nauthorised officer—see Part 3;\ncertification body—see section 5;\ncorresponding law—see section 5;\ndocument includes any disc, tape or other medium in which information is stored;\nenergy efficiency labelling standard—see section 5;\nenergy performance standard—see section 5;\nenergy product means—\n\t(a)\tan electrical appliance or a component of an electrical appliance; or\n\t(b)\ta gas appliance or a component of a gas appliance; or\n\t(c)\tan appliance powered by an energy source other than electricity or gas (such as solar, wind or water) or a component of such an appliance; or\n\t(d)\tan appliance powered by any combination of electricity, gas or other energy source, or a component of such an appliance; or\n\t(e)\ta device used for or in connection with the conveyance of electricity, gas or other energy source or a component of such a device (including a meter for measuring consumption); or\n\t(f)\tan instrument for measuring a characteristic of electricity, gas or other energy source,\nbut does not include an appliance, component, device or instrument excluded from the ambit of this definition by regulation;\ngas has the same meaning as in the Gas Act 1997;\nlabel includes a stamp or mark;\npublic notice means a notice published in—\n\t(a)\tthe Gazette; or\n\t(b)\ta newspaper circulating generally in the State;\nsafety and performance standard—see section 5;\nsecond-hand goods means goods that have been used, or taken from other goods that have been used, for a purpose not connected with their manufacture or sale;\nsell a product includes let the product on hire, advertise the product for sale or hire, display or provide for inspection a sample of a product that is for sale or hire and offer or expose the product for sale or hire;\nstandard means—\n\t(a)\tan Australian Standard; or\n\t(b)\ta code or standard published by or under the authority of the Technical Regulator or a body specified by regulation,\nand includes any document called up by or under the code or standard;\nTechnical Regulator means the person holding or acting in the office of Technical Regulator under the Electricity Act 1996;\ntrader means a person who sells energy products in the course of a trade or business.\n4—Standards—availability to public\nA copy of a standard referred to or incorporated in a proclamation or regulation under this Act must be kept available for inspection by members of the public, without charge and during normal office hours, at the office of the Technical Regulator.\nPart 2—Safety, performance and energy efficiency of energy products\n5—Proclamation for purposes of Part\n\t(1)\tThe Governor may, by proclamation, declare—\n\t(a)\ta class of energy product to be a class to which a subsection of section 6 or 6A applies; or\n\t(b)\tfor the purposes of section 6(1)—a standard or part of a standard, with or without modification, to be a safety and performance standard for a class of energy product; or\n\t(c)\tfor the purposes of section 6(2)—a body to be a certification body; or\n\t(d)\tfor the purposes of section 6(3)—a standard or part of a standard, with or without modification, to be an information standard for a class of energy product; or\n\t(e)\tfor the purposes of section 6A(1)—a standard or part of a standard, with or without modification, to be an energy performance standard for a class of energy product; or\n\t(f)\tfor the purposes of regulations under section 6A(2)—a standard or part of a standard, with or without modification, to be an energy efficiency labelling standard for a class of energy product; or\n\t(g)\tfor the purposes of sections 6(1) and 6A(1) and (2)—a law of another jurisdiction to be a corresponding law.\n\t(2)\tThe Governor may, by proclamation, vary or revoke a proclamation previously made under this section.\n\t(3)\tA proclamation under this section may refer to a standard as in force at a specified time or as in force from time to time.\n6—Offences relating to safety and performance, certification and information\n\t(1)\tA trader must not sell an energy product of a class to which this subsection applies unless it is labelled so as to indicate its compliance with applicable safety and performance standards—\n\t(a)\tunder the authority of the Technical Regulator in accordance with the regulations; or\n\t(b)\tunder an authority conferred by a corresponding law in accordance with that corresponding law.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA trader must not sell an energy product of a class to which this subsection applies unless it is labelled under the authority of a certification body or the Technical Regulator so as to indicate its certification by that body or the Technical Regulator.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tA trader must not sell an energy product of a class to which this subsection applies unless the trader provides information in respect of the product to the purchaser in accordance with applicable information standards. \nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(4)\tNo offence is committed against subsection (1), (2) or (3) if—\n\t(a)\tthe sale takes place within 6 months after the date the subsection is applied to the relevant class of energy product; and\n\t(b)\tthe product was manufactured in or imported into the State before that date.\n\t(5)\tNo offence is committed against subsection (1) or (3) if—\n\t(a)\tthe sale takes place within 6 months after a change in the labelling or information requirements that apply under that subsection; and\n\t(b)\tthe product was manufactured in or imported into the State before the change in the requirements; and\n\t(c)\tat the time of the sale the product was labelled, or the information provided, in accordance with requirements applicable at or after the time of manufacture or import of the product.\n\t(6)\tThis section does not apply to the sale of second-hand goods.\n6A—Offences relating to energy performance\n\t(1)\tA trader must not sell an energy product of a class to which this subsection applies unless it is registered so as to indicate its compliance with applicable energy performance standards—\n\t(a)\tin accordance with the regulations; or\n\t(b)\tin accordance with a corresponding law.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(2)\tA trader must not sell an energy product of a class to which this subsection applies unless it is labelled so as to indicate its energy efficiency—\n\t(a)\tunder the authority of the Technical Regulator in accordance with the regulations; or\n\t(b)\tunder an authority conferred by a corresponding law in accordance with that corresponding law.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tNo offence is committed against subsection (1) or (2) if—\n\t(a)\tthe sale takes place within 12 months after the date the subsection is applied to the relevant class of energy product; and\n\t(b)\tthe product was manufactured in or imported into the State before that date.\n\t(4)\tNo offence is committed against subsection (1) if—\n\t(a)\tthe sale takes place within 12 months after the cancellation of the registration of the product on the grounds that the product no longer complies with the applicable energy performance standards as a result of an alteration in the standards; and\n\t(b)\tthe product was manufactured in or imported into the State before the cancellation of the registration.\n\t(5)\tNo offence is committed against subsection (2) if—\n\t(a)\tthe sale takes place within 12 months after a change in the labelling requirements that apply under that subsection; and\n\t(b)\tthe product was manufactured in or imported into the State before the change in the requirements; and\n\t(c)\tat the time of the sale, the product was labelled in accordance with requirements applicable at or after the time of manufacture or import of the product.\n\t(6)\tThis section does not apply to the sale of second‑hand goods.\n7—Offences relating to labels\n\t(1)\tA person must not—\n\t(a)\twithout proper authority, affix a label to which section 6(1) or (2) or 6A(2) applies, or which could reasonably be taken to be such a label, to an energy product; or\n\t(b)\tsell an energy product to which a label has been affixed contrary to paragraph (a) knowing that the label was affixed without proper authority.\nMaximum penalty: $10 000.\n\t(2)\tA trader must not display on or near an energy product that is being offered or exposed for sale by the trader a sign, label or notice that—\n\t(a)\tcontains information conflicting with the information contained in a label affixed to the product for the purposes of this Act or a corresponding law; or\n\t(b)\tis likely to mislead a purchaser or prospective purchaser as to matters to which information contained in any such label relates.\nMaximum penalty: $5 000.\n\t(3)\tA person must not, while an energy product is being offered or exposed for sale by a trader, alter, interfere with or obscure from view a label affixed to the product for the purposes of this Act or a corresponding law.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(4)\tA trader must not offer or expose for sale an energy product if a label affixed to the product for the purposes of this Act or a corresponding law is not readily legible by a purchaser or prospective purchaser.\nMaximum penalty: $2 500.\nExpiation fee: $210.\n\t(5)\tThis section does not apply to the sale of second-hand goods.\n8—Prohibition of sale or use of unsafe energy products\n\t(1)\tIf, in the opinion of the Technical Regulator, an energy product of a particular class is or is likely to become unsafe in use, the Technical Regulator may—\n\t(a)\tprohibit the sale or use (or both sale and use) of products of that class; and\n\t(b)\trequire traders who have sold the product in the State—\n\t(i)\tto take specified action to recall the product from use; and\n\t(ii)\t—\n\t(A)\tto take specified action to render the product safe; or\n\t(B)\tif it is not practicable to render the product safe or the trader chooses not to do so—to refund the purchase price on return of the product.\n\t(2)\tA prohibition or requirement under this section may be imposed—\n\t(a)\tby notice in writing given to the person to whom it is addressed; or\n\t(b)\tif addressed to a class of persons, or the public generally—by public notice,\nand may be varied or revoked in the same way.\n\t(3)\tA person who contravenes or fails to comply with a prohibition or requirement under this section is guilty of an offence.\nMaximum penalty: $10 000.\n\t(4)\tThe Crown incurs no liability for an act of the Technical Regulator in good faith in the exercise or purported exercise of powers under this section.\n\t(5)\tA person incurs no liability for publishing in good faith a notice under this section or a fair report or summary of such a notice.\n\t(6)\tIf a body corporate is guilty of an offence against this section, each director of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe director knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe director was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe director failed to exercise due diligence to prevent the commission of the offence.\n9—Mutual recognition\n\t(1)\tFor the purposes of—\n\t(a)\tsection 5 of the Mutual Recognition (South Australia) Act 1993 and section 15 of the Mutual Recognition Act 1992 of the Commonwealth; and\n\t(b)\tsection 5 of the Trans-Tasman Mutual Recognition (South Australia) Act 1999 and section 46 of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth,\nan energy product the sale of which is prohibited by public notice given at any time under section 8 on the ground that the product is or is likely to become unsafe in use is declared—\n\t(c)\tto be goods to which section 15 of the Mutual Recognition Act 1992 of the Commonwealth applies; and\n\t(d)\tto be exempt from the operation of the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.\n\t(2)\tThe exemption from the Mutual Recognition Act 1992 of the Commonwealth and the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth of an energy product pursuant to subsection (1) has effect for a period beginning on the day on which the public notice imposing the prohibition is published and ending—\n\t(a)\t12 months later; or\n\t(b)\ton the revocation of the prohibition,\nwhichever occurs first.\n9A—Public warning statements about unsafe energy products, practices etc\n\t(1)\tIf, in the opinion of the Technical Regulator, it is in the public interest to do so, the Technical Regulator may make a public statement identifying and giving warnings or information about any of the following:\n\t(a)\tenergy products that, in the opinion of the Technical Regulator, are or are likely to become unsafe in use and persons who supply the products;\n\t(b)\tuses of energy products, or installation practices, that, in the opinion of the Technical Regulator, pose a danger to persons or property;\n\t(c)\tany other dangers to persons or property associated with energy products.\n\t(2)\tA statement under this section may identify particular energy products, services, practices and persons.\n\t(3)\tThe Crown incurs no liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under this section.\n\t(4)\tA person incurs no liability for publishing in good faith a statement made by the Technical Regulator under this section or a fair report or summary of such a statement.\nPart 3—Enforcement\n10—Appointment of authorised officers\n\t(1)\tThe Minister may appoint suitable persons to be authorised officers for the purposes of this Act.\n\t(2)\tAn appointment may be made subject to conditions specified in the instrument of appointment.\n\t(3)\tThe Minister may, at any time, revoke an appointment of an authorised officer or vary or revoke a condition of appointment or impose a further condition of appointment.\n\t(4)\tAn authorised officer must be issued with an identity card—\n\t(a)\tcontaining the person's name and a photograph of the person; and\n\t(b)\tstating that the person is an authorised officer under this Act.\n\t(5)\tIf the powers of an authorised officer have been limited by conditions, the identity card issued to the authorised officer must indicate those limitations.\n\t(6)\tAn authorised officer must, at the request of a person in relation to whom the authorised officer intends to exercise powers under this Act, produce for the inspection of the person his or her identity card.\n11—General powers of authorised officers\n\t(1)\tSubject to this section, an authorised officer may—\n\t(a)\trequire a trader—\n\t(i)\tto make energy products of a class specified by the authorised officer that are in the trader's possession available for examination by the authorised officer; and\n\t(ii)\tto inform the authorised officer of the date when the trader obtained an energy product; and\n\t(iii)\tto inform the authorised officer of the person from whom the trader obtained an energy product; and\n\t(iv)\tto produce to the authorised officer orders, invoices, accounts and other documents that are in the trader's possession and relate to energy products; and\n\t(v)\tto sell to the authorised officer an energy product specified by the authorised officer for the same price as the product is sold to other purchasers (or, if that price cannot be identified, for a fair price offered by the authorised officer); and\n\t(b)\tenter and inspect and, if necessary, use reasonable force to break into or open—\n\t(i)\ta place or vehicle to which this section applies; or\n\t(ii)\tpart of, or anything in or on, a place or vehicle to which this section applies; and\n\t(c)\tgive directions with respect to the stopping or movement of a vehicle to which this section applies; and\n\t(d)\ttake photographs, films or audio, video or other recordings; and\n\t(e)\trequire a person who the authorised officer reasonably suspects has committed, is committing, or is about to commit, a contravention of this Act to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(f)\trequire a person who the authorised officer reasonably suspects has knowledge of matters in respect of which information is required for the administration or enforcement of this Act to answer questions in relation to those matters, to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(g)\trequire a person who the authorised officer reasonably suspects has possession of a document required for the administration or enforcement of this Act to produce the document, to state the person's full name and usual place of residence and to produce evidence of the person's identity; and\n\t(h)\texamine any energy product made available to the authorised officer or found in the course of an inspection; and\n\t(i)\texamine, copy or take extracts from a document produced to the authorised officer or found in the course of an inspection or require a person to provide a copy of any such document; and\n\t(j)\tseize and retain, or issue a seizure order in respect of, an energy product that the authorised officer reasonably suspects has been used in, or may constitute evidence of, a contravention of this Act; and\n\t(k)\tcause tests to be carried out on an energy product that has been purchased or seized or in respect of which a seizure order is in force; and\n\t(l)\tgive a direction required in connection with the exercise of a power conferred by a preceding paragraph.\n\t(2)\tAn authorised officer—\n\t(a)\tmay only exercise the powers conferred by subsection (1) as reasonably required for the administration and enforcement of this Act; and\n\t(b)\tmay only exercise the power to use force, or to enter a place of residence, under subsection (1) on the authority of a warrant issued by a magistrate or in circumstances in which the authorised officer reasonably believes that immediate action is required on the grounds of safety.\n\t(3)\tIn the exercise of powers under this Act, an authorised officer may be assisted by such persons as the authorised officer considers necessary in the circumstances.\n\t(4)\tAn authorised officer may require an occupier of a place or a person apparently in charge of a vehicle to give to the authorised officer, or a person assisting the authorised officer, such assistance as is reasonably required by the authorised officer for the effective exercise of powers conferred by this Act.\n\t(5)\tA magistrate must not issue a warrant for the purposes of this section unless satisfied that the warrant is reasonably required in the circumstances.\n\t(6)\tSubject to subsection (7), a person is not required to give information or produce a document under this section if the information or the contents of the document would tend to incriminate the person of an offence.\n\t(7)\tIf an authorised officer informs a person required to give information or produce a document under this section that the requirement is made for the administration or enforcement of section 8, the person must give the information or produce the document despite the fact that the information or the contents of the document would tend to incriminate the person of an offence, but—\n\t(a)\tif the person is a natural person, the information or document so given or produced will not be admissible in evidence against the person in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and\n\t(b)\tif the person is a body corporate—\n\t(i)\tthe information or document so given or produced will not be admissible in evidence against a director of the body corporate in proceedings for an offence (other than an offence relating to the making of a false or misleading statement or declaration); and\n\t(ii)\ta director will not be guilty of an offence (other than an offence relating to the making of a false or misleading statement or declaration) as a result of the body corporate having been found guilty of an offence in proceedings in which the information or document so given or produced was admitted in evidence against the body corporate.\n\t(8)\tThis section applies to a place or vehicle only if an authorised officer reasonably suspects that—\n\t(a)\tthe place or vehicle is being used at the time in the course of a trade or business involving the sale of energy products; or\n\t(b)\ta contravention of this Act has been, is being, or is about to be, committed in or on the place or vehicle; or\n\t(c)\tsomething may be found in or on the place or vehicle that has been used in, or constitutes evidence of, a contravention of this Act.\n12—Provisions relating to seizure\n\t(1)\tA seizure order under section 11—\n\t(a)\tmust be in the form of a written notice given to the owner or person in control of the energy product to which the order relates; and\n\t(b)\tmay be varied or discharged by further such written notice.\n\t(2)\tIf a seizure order is issued, a person who, knowing of the order, removes or interferes with the energy product to which the order relates without the approval of an authorised officer before the product is dealt with under this section or the seizure order discharged is guilty of an offence.\nMaximum penalty: $10 000.\n\t(3)\tIf an energy product has been seized or made the subject of a seizure order under section 11, the following provisions apply:\n\t(a)\tthe product must, if it has been seized, be held pending proceedings for an offence against this Act related to the product seized, unless the Minister, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));\n\t(b)\tif proceedings for an offence against this Act relating to the product are instituted within the designated period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—\n\t(i)\torder that it be forfeited to the Minister; or\n\t(ii)\tif it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Minister or that the person to whom it was released or the defendant pay to the Minister an amount equal to its market value at the time of its seizure, as the court thinks fit;\n\t(c)\tif—\n\t(i)\tproceedings are not instituted for an offence against this Act relating to the product within the designated period after its seizure or the issuing of the seizure order; or\n\t(ii)\tproceedings have been so instituted and—\n\t(A)\tthe defendant is found not guilty of the offence; or\n\t(B)\tthe defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b),\nthen—\n\t(iii)\tin the case of a product seized—the person from whom the thing was seized, or a person with legal title to it, is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction) the product itself, or if it has been damaged or destroyed, compensation of an amount equal to its market value at the time of its seizure; or\n\t(iv)\tin the case of a product subject to a seizure order—the order is discharged.\n\t(4)\tIn this section—\ndesignated period means 6 months or such longer period as a magistrate may, on application by the Minister, allow.\n13—Recovery of costs\nIf an energy product tested under this Act—\n\t(a)\tdoes not conform with an applicable safety and performance standard or an applicable energy performance standard; or\n\t(b)\tdoes not conform with the information as to its energy efficiency contained in a label affixed to the energy product in accordance with this Act,\nthe Minister may (by application in proceedings for an offence against this Act or by action in a court of competent jurisdiction) recover from the trader by whom the energy product was sold the costs incurred in purchasing, seizing and storing, or issuing a seizure order in respect of, the energy product (as the case requires) and in having it tested.\n13A—Offence to hinder etc authorised officer\nA person who—\n\t(a)\thinders or obstructs an authorised officer, or a person assisting an authorised officer, in the exercise of powers conferred by this Act; or\n\t(b)\trefuses or fails to comply with a requirement or direction of an authorised officer under this Act; or\n\t(c)\twhen required by an authorised officer under this Act to answer a question, refuses or fails to answer the question to the best of the person's knowledge, information and belief; or\n\t(d)\tfalsely represents, by words or conduct, that he or she is an authorised officer,\nis guilty of an offence.\nMaximum penalty: $10 000.\nPart 4—Miscellaneous\n14—Power of exemption\n\t(1)\tThe Technical Regulator may exempt a person or class of persons from this Act, or specified provisions of this Act, on terms and conditions the Technical Regulator considers appropriate.\n\t(1a)\tExcept as otherwise provided in the exemption, an exemption under subsection (1) may be varied or revoked by the Technical Regulator.\n\t(2)\tA person or class of persons in whose favour an exemption is given must comply with the conditions of the exemption.\nMaximum penalty: $5 000.\n15—Statutory declarations\nIf a person is required by or under this Act to furnish information to the Technical Regulator, the Technical Regulator may require that the information be verified by statutory declaration and, in that event, the person will not be taken to have furnished the information as required unless it has been verified in accordance with the requirements of the Technical Regulator.\n16—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in information furnished under this Act.\nMaximum penalty: \nIf the person made the statement knowing that it was false or misleading—$10 000.\nIn any other case—$5 000.\n17—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under section 8(6).\n19—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n20—Evidence\n\t(1)\tIn any legal proceedings, a certificate executed by the Technical Regulator certifying as to a matter relating to—\n\t(a)\ta delegation under this Act; or\n\t(b)\tthe appointment of an authorised officer; or\n\t(c)\ta notice given or published under this Act,\nconstitutes proof, in the absence of proof to the contrary, of the matters so certified.\n\t(2)\tEvidence of the contents of a standard referred to or incorporated in a proclamation or regulation under this Act may be given in any legal proceedings by production of a document apparently certified by the Technical Regulator to be a true copy of the standard.\n21—Service\n\t(1)\tA notice or other document required or authorised to be given to or served on a person under this Act may be given or served—\n\t(a)\tby delivering it personally to the person or an agent of the person; or\n\t(b)\tby leaving it for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tby posting it to the person or agent of the person at the person's or agent's last known place of residence or business.\n\t(2)\tWithout limiting the effect of subsection (1), a notice or other document required or authorised to be given to or served on a person may, if the person is a body corporate, be given to or served on the person in accordance with section 109X of the Corporations Law.\n22—Delegation\n\t(a1)\tThe Minister may delegate his or her powers under this Act to the Technical Regulator or any other person.\n\t(1)\tThe Technical Regulator may delegate his or her powers under this Act to a person or body of persons that is, in the Technical Regulator's opinion, competent to exercise the relevant powers.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be in writing; and\n\t(b)\tmay be conditional or unconditional; and\n\t(c)\tis revocable at will; and\n\t(d)\tdoes not prevent the delegator from acting in any matter.\n23—Confidential information\n\t(1)\tA person must not intentionally divulge, or use for the person's own gain, information of a commercially sensitive or private confidential nature obtained by the person in the course of administering or enforcing this Act except—\n\t(a)\tas authorised or required to do so by law; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tin connection with the administration or enforcement of this Act or of a corresponding law.\nMaximum penalty: $5 000.\n\t(2)\tInformation classified by the Technical Regulator as of a commercially sensitive or private confidential nature is not liable to disclosure under the Freedom of Information Act 1991.\n25—Annual report\n\t(1)\tThe Technical Regulator must, within three months after the end of each financial year, deliver to the Minister a report on the Technical Regulator's administration of this Act during that financial year.\n\t(2)\tThe Minister must cause a copy of the report to be laid before both Houses of Parliament within 12 sitting days after his or her receipt of the report.\n26—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for, the purposes of this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(b)\tprovide for the issuing of certificates for energy products certifying compliance with specified standards or suitability for connection to a transmission or distribution network; and\n\t(c)\tmake further provisions for the labelling of energy products and the prohibition of the sale of energy products not labelled in accordance with the regulations; and\n\t(d)\tfix, or provide for the Technical Regulator to fix, fees in respect of any matter under this Act and provide for the payment, recovery, refund, waiver or reduction of such fees; and\n\t(e)\texempt (conditionally or unconditionally) persons or energy products from any provision of this Act; and\n\t(f)\timpose fines, not exceeding $5 000, for offences against the regulations; and\n\t(g)\tfix expiation fees, not exceeding $315, for alleged offences against the regulations.\n\t(3)\tA regulation may—\n\t(a)\tbe of general application or limited by reference to time, places, circumstances or any other factor;\n\t(b)\tprovide that a matter or thing in respect of which a regulation may be made is to be determined, regulated or prohibited according to the discretion of the Minister or the Technical Regulator;\n\t(c)\trefer to or incorporate, wholly or partially and with or without modification, a standard as in force at a specified time or as in force from time to time.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nFormerly\nElectrical Products Act 2000\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2000\n78\n Electrical Products Act 2000\n14.12.2000\n1.10.2001 (Gazette 27.9.2001 p4295)\n2005\n54\n Electrical Products (Expiation Fees) Amendment Act 2005\n27.10.2005\n27.10.2005\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 53 (s 109)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n33\n Electrical Products (Energy Products) Amendment Act 2011\n22.9.2011\nPt 2 (ss 4—21) & Sch 1 (cl 7)—10.5.2012 (Gazette 10.5.2012 p1682)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 15 (ss 30—32)—17.6.2013 (Gazette 6.6.2013 p2498)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 33/2011 s 4\n10.5.2012\nPt 1\n\n\ns 1\namended by 33/2011 s 5\n10.5.2012\ns 2\nomitted under Legislation Revision and Publication Act 2002\n27.10.2005\ns 3\n\n\ns 3(1)\n\n\nauthorised officer\ninserted by 33/2011 s 6(1)\n10.5.2012\nauthorised person\ndeleted by 33/2011 s 6(1)\n10.5.2012\ncertification body\ninserted by 33/2011 s 6(1)\n10.5.2012\ncorresponding law\namended by 33/2011 s 6(2)\n10.5.2012\nelectrical product\ndeleted by 33/2011 s 6(3)\n10.5.2012\nenergy efficiency labelling standard\ninserted by 33/2011 s 6(3)\n10.5.2012\nenergy product\ninserted by 33/2011 s 6(4)\n10.5.2012\ngas\ninserted by 33/2011 s 6(4)\n10.5.2012\nsell\ninserted by 33/2011 s 6(5)\n10.5.2012\nstandard\nsubstituted by 33/2011 s 6(5)\n10.5.2012\nto sell\ndeleted by 33/2011 s 6(5)\n10.5.2012\ntrader\namended by 33/2011 s 6(6)\n10.5.2012\ns 3(2)\ndeleted by 33/2011 s 6(7)\n10.5.2012\nPt 2\n\n\nheading\namended by 33/2011 s 7\n10.5.2012\ns 5\n\n\ns 5(1)\nsubstituted by 33/2011 s 8\n10.5.2012\ns 6\n\n\ns 6(1)\namended by 54/2005 s 3(1)\n27.10.2005\n\namended by 33/2011 s 9(1)\n10.5.2012\ns 6(2)\namended by 54/2005 s 3(2)\n27.10.2005\n\nsubstituted by 33/2011 s 9(2)\n10.5.2012\ns 6(3)\namended by 54/2005 s 3(3)\n27.10.2005\n\nsubstituted by 33/2011 s 9(2)\n10.5.2012\ns 6(4) and (5)\nsubstituted by 33/2011 s 9(2)\n10.5.2012\ns 6A\ninserted by 33/2011 s 10\n10.5.2012\ns 7\n\n\ns 7(1)\namended by 33/2011 s 11(1)—(3)\n10.5.2012\ns 7(2)\namended by 33/2011 s 11(4), (5)\n10.5.2012\ns 7(3)\namended by 33/2011 s 11(6), (7)\n10.5.2012\ns 7(4)\namended by 33/2011 s 11(8), (9)\n10.5.2012\ns 8\n\n\ns 8(1)\namended by 33/2011 s 12(1), (2)\n10.5.2012\ns 8(4) and (5)\ninserted by 33/2011 s 12(3)\n10.5.2012\ns 8(6)\ninserted by 16/2013 s 30\n17.6.2013\ns 9\n\n\ns 9(1)\namended by 33/2011 s 13(1)\n10.5.2012\ns 9(2)\namended by 33/2011 s 13(2)\n10.5.2012\ns 9(3)\ndeleted by 33/2011 s 13(3)\n10.5.2012\ns 9A\ninserted by 33/2011 s 14\n10.5.2012\nPt 3\nsubstituted by 33/2011 s 15\n10.5.2012\nPt 4\n\n\ns 14\n\n\ns 14(1a)\ninserted by 33/2011 s 16\n10.5.2012\ns 17\n\n\ns 17(1)\ns 17 redesignated as s 17(1) by 16/2013 s 31\n17.6.2013\ns 17(2)\ninserted by 16/2013 s 31\n17.6.2013\ns 18\ndeleted by 16/2013 s 32\n17.6.2013\ns 20\n\n\ns 20(1)\namended by 33/2011 s 17\n10.5.2012\ns 22\n\n\ns 22(a1)\ninserted by 33/2011 s 18\n10.5.2012\ns 23\n\n\ns 23(1)\ns 23 redesignated as s 23(1) by 33/2011 s 19\n10.5.2012\ns 23(2)\ninserted by 33/2011 s 19\n10.5.2012\ns 24\ndeleted by 84/2009 s 109\n1.2.2010\ns 26\n\n\ns 26(2)\n(a) deleted by 33/2011 s 20(1)\n10.5.2012\n\namended by 33/2011 s 20(2)—(6)\n10.5.2012\nSch\ndeleted by 33/2011 s 21\n10.5.2012\nTransitional etc provisions associated with Act or amendments\nElectrical Products (Energy Products) Amendment Act 2011, Sch 1—Transitional provisions\n7—Authorised officers\nA person who held office as an authorised person under the Electrical Products Act 2000 immediately before the commencement of this clause continues to hold office under that Act (as amended by this Act) as an authorised officer.\nHistorical versions\n27.10.2005\n\n1.2.2010\n\n10.5.2012\n\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"Originally enacted as the Electrical Products Act 2000, the legislation was significantly expanded by the 2011 amendment to become the Energy Products (Safety and Efficiency) Act. The scope grew from covering only electrical products to encompassing gas appliances, solar/wind/water-powered devices, energy meters, and multi-source appliances. The 2011 changes also added energy performance standards and efficiency labelling requirements, transforming the Act from a pure safety measure into a combined safety and energy efficiency regime. Additionally, enforcement powers were substantially expanded with the substitution of Part 3 in 2012."},"complexity_factors":["Multiple defined terms in section 3 (15+ definitions), including nested definitions where terms like 'energy product' contain multiple sub-categories and exclusions","Extensive cross-referencing between sections (e.g., sections 6 and 6A refer back to proclamations under section 5 for their operative effect)","Conditional logic with multiple grace periods and exceptions: sections 6(4)-(6) and 6A(3)-(6) contain layered time-based exemptions for existing stock","Dual penalty structures with maximum penalties and expiation fees (on-the-spot fines) requiring cross-reference to determine applicable amounts","Interaction with external legislation including the Gas Act 1997, Electricity Act 1996, Mutual Recognition Acts (Commonwealth and SA), and Trans-Tasman Mutual Recognition Acts","Complex enforcement powers in section 11 with 12 distinct sub-powers, warrant requirements, use of force limitations, and modified privilege against self-incrimination","Seizure and forfeiture procedures in section 12 with multiple conditional pathways depending on prosecution outcomes","Director liability provisions in section 8(6) requiring proof of three separate elements (knowledge, position to influence, failure of due diligence)"],"plain_english_summary":"This South Australian law sets rules to ensure electrical appliances, gas appliances, and other energy-powered products are safe to use and meet energy efficiency standards. It covers everything from fridges and heaters to solar panels and energy meters.\n\n**What it does:**\n- **Safety and performance**: Requires traders (businesses selling these products) to ensure items meet approved safety standards and display proper certification labels. Products must be registered to show they meet energy efficiency standards.\n- **Labelling**: Mandates clear energy efficiency labels on products so consumers can compare running costs. It is illegal to fake these labels or cover them up.\n- **Unsafe products**: The Technical Regulator (the official in charge) can ban the sale of dangerous products, order recalls, and issue public warnings about unsafe goods or installation practices.\n- **Enforcement**: Authorised officers can inspect businesses, seize suspect products, demand documents, and test products. They can enter premises with a warrant or in emergencies.\n\n**Who it affects:**\n- **Traders**: Anyone selling energy products in the course of business (including hire or display for sale).\n- **Consumers**: Protected from unsafe goods and given information to make energy-efficient choices.\n- **Manufacturers and importers**: Must ensure products comply before they reach the market.\n\n**Key protections:**\n- Second-hand goods are generally exempt from the labelling and efficiency rules.\n- There are grace periods (6-12 months) for selling old stock when new standards come in.\n- Directors can be personally liable if their company breaks safety laws and they failed to exercise due diligence (reasonable care to prevent wrongdoing).\n- People cannot be forced to give self-incriminating information except in specific safety-related investigations, and that information generally cannot be used against them in court.\n\n**Why it matters:**\nThis law protects households from faulty appliances that could cause fires or electrocution, helps reduce electricity bills by ensuring accurate efficiency ratings, and ensures South Australia aligns with national and international safety standards."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act, originally framed around electrical products (Electrical Products Act 2000), was substantively broadened by later amendments (notably the 2011 amendments). The scope was expanded from electrical products to a wider class of 'energy products' including gas and appliances powered by other energy sources (definition changes in s3). Energy‑efficiency and labelling measures and a distinct energy performance offence/regime were added (s6A inserted 2011). The amendments also introduced or expanded administrative and enforcement structures (authorised officers, public warning powers s9A, broader delegation and certification machinery). A 2013 amendment added director liability for breaches of unsafe‑product prohibitions (s8(6)). These changes materially extended the Act beyond its original, electrical‑products focus to a broader, energy‑product regulatory regime with energy‑efficiency and stronger enforcement tools."},"complexity_factors":["Multiple delegated instruments: standards and many operational details are set by proclamation (s5) and regulation (s26), creating cross‑references and externalisation of substantive detail","Several defined technical terms with scope consequences (notably 'energy product', 'standard', 'trader', 'certification body') introduced by amendment (s3)","Two parallel offence regimes (s6 for safety/performance/information; s6A for energy performance/efficiency) with different transitional periods (6 vs 12 months)","Interplay with external Commonwealth and Trans‑Tasman mutual recognition laws and an express exemption regime (s9), adding interjurisdictional complexity","Detailed enforcement provisions: broad inspection, seizure and testing powers with conditional limits (warrants, safety exceptions) (ss11–12)","Varied penalty levels and expiation fees across sections (s6, s6A, s7, s8, s13A), including continuing offence calculations (s19)","Director liability carve‑in tied to corporate offences under the unsafe‑product prohibition (s8(6)) — adds governance complexity","Procedural protections and evidentiary provisions (self‑incrimination limits s11(6–7), certificate evidence s20) requiring careful operational compliance","Exemption and confidentiality regimes (s14, s23) that create conditional exceptions and limit public access to some materials (s23(2))","Transitional and historical amendment layers visible in legislative history — practitioners must track which provisions were inserted or substituted (2011 and 2013 amendments)."],"plain_english_summary":"**What this law does (mechanics)\n\n- Sets up a framework for classifying \"energy products\" (not just electrical appliances but gas and other energy‑powered appliances and related devices) and for making standards that apply to those products (see the definition of \"energy product\" and section 5).\n- Authorises the Governor, by proclamation, and the Governor/Regulations to adopt or incorporate safety, performance, energy‑performance and labelling standards (s5; s26). Those standards can be Australian Standards or standards published by the Technical Regulator or other bodies (s3 \"standard\"). Copies of standards used must be available for public inspection at the Technical Regulator's office (s4).\n- Creates criminal and civil‑fine style offences for traders who sell products that are not certified, registered or labelled as required, or who fail to provide required information (s6, s6A, s7). Penalties and expiation (on‑the‑spot fine) amounts are specified in the Act.\n- Gives the Technical Regulator the power to prohibit the sale or use of a product class that is or may become unsafe, and to order recalls, repairs, or refunds (s8). The Technical Regulator can also issue public warning statements about unsafe products, practices or installations (s9A).\n- Provides enforcement powers: the Minister appoints authorised officers who may inspect trader premises and vehicles, require documents, buy or seize products for testing, and take samples/records (ss10–12). Entry, use of force and seizure have limits (warrants or urgent safety grounds) and procedural rules (ss11(2), 11(5), 12).\n- Allows recovery of costs from traders where testing or seizure shows non‑compliance (s13). It allows exemptions by the Technical Regulator on conditions (s14), confidentiality protections for commercially sensitive information (s23), and reporting/delegation and other administrative details (ss20–26).\n\n**Who is affected\n\n- Traders: defined as persons who sell energy products in the course of trade or business (s3). Traders bear most obligations — registration, labelling, providing information, responding to authorised officers, possible seizure/recovery of costs (ss6, 6A, 11, 13).\n- Manufacturers and importers: products manufactured or imported before standards apply get transitional relief for a limited period, so manufacturers/importers are affected by timing (s6(4–5); s6A(3–5)).\n- Certification bodies and the Technical Regulator: certification/registration regimes and enforcement powers are centralised with these actors (s5, s6, s6A, s26).\n- Directors of companies: directors can be criminally liable where a corporate offence under the unsafe‑product prohibition is proved and the director failed to exercise due diligence (s8(6)).\n- Consumers and the public: receive protection through labelling, performance rules, recalls, and public warnings (ss6A, 8, 9A).\n\n**Why it matters (purpose claims and how the law seeks to achieve them)\n\n- The stated purpose is to regulate safety, performance, energy efficiency and labelling of products powered by electricity, gas or other energy sources (Long title; s5). Mechanically, that purpose is implemented by: (a) adopting standards by proclamation or regulation (s5, s26), (b) making compliance and labelling mandatory for traders (s6, s6A, s7), and (c) giving the Technical Regulator recall and public‑warning powers (s8, s9A).\n\nTesting the purpose claims against costs and trade‑offs\n\n- Compliance costs: Traders must label, register or certify products, keep and provide prescribed information, and potentially pay fees set under regulations (s6, s6A, s26(2)(d)). These are direct costs; testing, seizure, storage and associated costs may be recovered by the Minister from the trader if non‑compliance is found (s13). Transitional windows (6 or 12 months, ss6(4–5), 6A(3–5)) reduce immediate disruption but do not eliminate medium‑term compliance costs.\n- Concentration of benefits vs diffuse costs: Entities that provide certification services or whose products already meet standards will face lower marginal compliance costs; traders whose supply chains must adapt bear the cost of compliance. The Act permits the Technical Regulator to specify certification bodies (s5(1)(c)) and to delegate powers (s22), which concentrates administrative discretion with regulators and specified bodies.\n- Regulatory discretion and implementation risk: Many important details (which classes are regulated, which standards apply, labelling particulars, fees, exemptions) are left to proclamations and regulations (s5; s26(2), (3)). That means the practical scope depends on delegated instruments and administrative practice. Public access to referenced standards is required (s4), but standards can be incorporated as in force from time to time (s5(3), s26(3)), which can create ongoing compliance expectations.\n- Enforcement burden and business interruption: Authorised officers have broad inspection and seizure powers (s11), including entry of places used for trade or where offence evidence may be found (s11(1)(b), (8)). Warrants are required for forceful entry into residences except in urgent safety circumstances (s11(2)). Seizure can lead to detention of stock pending proceedings and possible forfeiture or compensation actions (s12).\n- Effect on market behaviour: Labelling and energy‑performance rules (s6A) influence consumer information and may affect product choice and prices. Registration and certification requirements can raise barriers to entry for small importers or new products and may favour established suppliers who already comply.\n- Legal risk to management: Directors may face liability if corporate non‑compliance with unsafe product orders is shown and the director failed to exercise due diligence (s8(6)). That raises governance and compliance-monitoring costs for companies.\n\n**Practical summary: who pays, who decides, what changes behaviour\n\n- Who pays: Traders (sellers/importers/manufacturers) bear the direct compliance costs (labelling, registration, certification, fees) and the potential indirect costs if products are seized/tested and found non‑compliant (s13).\n- Who decides: The Governor (by proclamation) and the Governor/Executive (via regulations) choose product classes and standards to apply (s5; s26). The Technical Regulator administers, enforces, and may grant exemptions (ss5, 8, 14). The Minister appoints authorised officers and can delegate powers (ss10, 22).\n- Behaviour changes: Traders will need to ensure products are certified/registered and correctly labelled before sale, maintain records and be prepared to produce them to authorised officers, and react to prohibition/recall orders and public warnings (ss6, 6A, 7, 8, 11).\n\n**Select procedural and protective features\n\n- Transitional relief for existing stock: 6‑month (s6) or 12‑month (s6A) grace periods for products manufactured/imported before a standard applies or a labelling change.\n- Self‑incrimination protection with a limited exception for section 8 enforcement (you must provide information for recalls but material so provided is generally not admissible against a natural person or a director in criminal proceedings except for false statements) (s11(6–7)).\n- Confidentiality: commercially sensitive information can be protected from disclosure and excluded from FOI where the Technical Regulator so classifies it (s23).\n\n\n"},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the legislative text was not available for analysis. The page returned was an error page from the South Australian legislation website following a site migration in March 2026."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404/Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual Act","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Energy Products (Safety and Efficiency) Act 2000 is a South Australian law that sets safety and energy‑efficiency expectations for products like electrical and gas appliances. It governs manufacturers, importers, retailers and consumers to reduce hazards (fires, electrocution) and cut energy waste, supporting public safety and environmental outcomes."}},"importantCases":[],"_links":{"self":"/api/acts/energy-products-safety-and-efficiency-act-2000","history":"/api/acts/energy-products-safety-and-efficiency-act-2000/history","analysis":"/api/acts/energy-products-safety-and-efficiency-act-2000/analysis","conflicts":"/api/acts/energy-products-safety-and-efficiency-act-2000/conflicts","importantCases":"/api/acts/energy-products-safety-and-efficiency-act-2000/important-cases","documents":"/api/acts/energy-products-safety-and-efficiency-act-2000/documents"}}