sec.122DUnsafe equipment directions

### sec.122D Unsafe equipment directions This section applies if the regulator is satisfied on reasonable grounds that an item of electrical equipment, or a type of electrical equipment— is or is likely to become unsafe in use; or has inadequate information marked on, or accompanying, the equipment. The regulator may, by gazette notice, give 1 or more of the following directions (each an unsafe equipment direction )— a direction prohibiting the sale of the item of electrical equipment or the type of electrical equipment; a direction prohibiting the installation of the item of electrical equipment or the type of electrical equipment; a direction prohibiting the use of the item of electrical equipment or the type of electrical equipment. An unsafe equipment direction must also state— the person, or class of persons, to whom the direction applies; and the period, of not more than 10 years, for which the direction applies; and that a person to whom the direction applies must comply with the direction unless the person has a reasonable excuse. Despite subsection (3) (b) , the same unsafe equipment direction may be given more than once in relation to the same item of electrical equipment or type of electrical equipment. A person to whom an unsafe equipment direction applies must comply with the direction unless the person has a reasonable excuse. Maximum penalty—40 penalty units. Subsection (5) places an evidential burden on the defendant to show a reasonable excuse. In considering the matters mentioned in subsection (1) , the regulator may consider— any relevant standard providing for safety requirements about electrical equipment; or any other relevant matter. The regulator must publish on the department’s website— a copy of each unsafe equipment direction; and a notice complying with the QCAT Act , section 157 (2) for the decision to give the unsafe equipment direction. For an unsafe equipment direction given under subsection (2) (a) , the regulator must give a copy of the documents mentioned in subsection (8) to each person the regulator knows to be, or is likely to be, a seller of the item or type of electrical equipment to which the direction applies. For an unsafe equipment direction given under subsection (2) (b) or (c) , see the QCAT Act , s 157 (1) for the requirement to give notice of the decision to give the direction. It is not a reasonable excuse for a person to fail to comply with an unsafe equipment direction on the basis that the person did not receive a document under— for a direction given under subsection (2) (a) — subsection (9) ; or for another direction—the QCAT Act , section 157 (1) . s 122D ins 2026 No. 6 s 4 (sec.122D-ssec.1) This section applies if the regulator is satisfied on reasonable grounds that an item of electrical equipment, or a type of electrical equipment— is or is likely to become unsafe in use; or has inadequate information marked on, or accompanying, the equipment. (sec.122D-ssec.2) The regulator may, by gazette notice, give 1 or more of the following directions (each an unsafe equipment direction )— a direction prohibiting the sale of the item of electrical equipment or the type of electrical equipment; a direction prohibiting the installation of the item of electrical equipment or the type of electrical equipment; a direction prohibiting the use of the item of electrical equipment or the type of electrical equipment. (sec.122D-ssec.3) An unsafe equipment direction must also state— the person, or class of persons, to whom the direction applies; and the period, of not more than 10 years, for which the direction applies; and that a person to whom the direction applies must comply with the direction unless the person has a reasonable excuse. (sec.122D-ssec.4) Despite subsection (3) (b) , the same unsafe equipment direction may be given more than once in relation to the same item of electrical equipment or type of electrical equipment. (sec.122D-ssec.5) A person to whom an unsafe equipment direction applies must comply with the direction unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.122D-ssec.6) Subsection (5) places an evidential burden on the defendant to show a reasonable excuse. (sec.122D-ssec.7) In considering the matters mentioned in subsection (1) , the regulator may consider— any relevant standard providing for safety requirements about electrical equipment; or any other relevant matter. (sec.122D-ssec.8) The regulator must publish on the department’s website— a copy of each unsafe equipment direction; and a notice complying with the QCAT Act , section 157 (2) for the decision to give the unsafe equipment direction. (sec.122D-ssec.9) For an unsafe equipment direction given under subsection (2) (a) , the regulator must give a copy of the documents mentioned in subsection (8) to each person the regulator knows to be, or is likely to be, a seller of the item or type of electrical equipment to which the direction applies. For an unsafe equipment direction given under subsection (2) (b) or (c) , see the QCAT Act , s 157 (1) for the requirement to give notice of the decision to give the direction. (sec.122D-ssec.10) It is not a reasonable excuse for a person to fail to comply with an unsafe equipment direction on the basis that the person did not receive a document under— for a direction given under subsection (2) (a) — subsection (9) ; or for another direction—the QCAT Act , section 157 (1) . - (a) is or is likely to become unsafe in use; or - (b) has inadequate information marked on, or accompanying, the equipment. - (a) a direction prohibiting the sale of the item of electrical equipment or the type of electrical equipment; - (b) a direction prohibiting the installation of the item of electrical equipment or the type of electrical equipment; - (c) a direction prohibiting the use of the item of electrical equipment or the type of electrical equipment. - (a) the person, or class of persons, to whom the direction applies; and - (b) the period, of not more than 10 years, for which the direction applies; and - (c) that a person to whom the direction applies must comply with the direction unless the person has a reasonable excuse. - (a) any relevant standard providing for safety requirements about electrical equipment; or - (b) any other relevant matter. - (a) a copy of each unsafe equipment direction; and - (b) a notice complying with the QCAT Act , section 157 (2) for the decision to give the unsafe equipment direction. - (a) for a direction given under subsection (2) (a) — subsection (9) ; or - (b) for another direction—the QCAT Act , section 157 (1) .