QLDIn ForceAct
Electrical Safety Act 2002
sec.141LReturning seized electrical equipment that is not electrically safe
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### sec.141L Returning seized electrical equipment that is not electrically safe
This section applies if—
an inspector has seized electrical equipment under this part; and
the inspector reasonably believes the equipment is not electrically safe; and
the equipment is not forfeited under section 141J .
If the inspector returns the equipment to the person entitled to the equipment, the inspector may, by written notice, require the person to do 1 or more of the following to make the equipment electrically safe—
have the equipment repaired;
have the equipment altered in a stated way;
take other stated action in relation to the equipment that is reasonable in the circumstances, including, for example, to make it incapable of operation.
Section 55 provides for who may perform electrical work, including repair or alter electrical equipment.
The person must comply with the requirement unless the person has a reasonable excuse for not complying.
Maximum penalty—40 penalty units.
For subsection (3) , it is a reasonable excuse for the person not complying with the requirement that the person destroyed the equipment instead of complying with the requirement.
Subsection (3) places an evidential burden on the defendant to show a reasonable excuse.
s 141L ins 2011 No. 18 s 379
(sec.141L-ssec.1) This section applies if— an inspector has seized electrical equipment under this part; and the inspector reasonably believes the equipment is not electrically safe; and the equipment is not forfeited under section 141J .
(sec.141L-ssec.2) If the inspector returns the equipment to the person entitled to the equipment, the inspector may, by written notice, require the person to do 1 or more of the following to make the equipment electrically safe— have the equipment repaired; have the equipment altered in a stated way; take other stated action in relation to the equipment that is reasonable in the circumstances, including, for example, to make it incapable of operation. Section 55 provides for who may perform electrical work, including repair or alter electrical equipment.
(sec.141L-ssec.3) The person must comply with the requirement unless the person has a reasonable excuse for not complying. Maximum penalty—40 penalty units.
(sec.141L-ssec.4) For subsection (3) , it is a reasonable excuse for the person not complying with the requirement that the person destroyed the equipment instead of complying with the requirement.
(sec.141L-ssec.5) Subsection (3) places an evidential burden on the defendant to show a reasonable excuse.
- (a) an inspector has seized electrical equipment under this part; and
- (b) the inspector reasonably believes the equipment is not electrically safe; and
- (c) the equipment is not forfeited under section 141J .
- (a) have the equipment repaired;
- (b) have the equipment altered in a stated way;
- (c) take other stated action in relation to the equipment that is reasonable in the circumstances, including, for example, to make it incapable of operation.