QLDIn ForceAct
Electrical Safety Act 2002
sec.262Continuation of particular prohibitions as unsafe equipment directions
Start here
Get a plain-English read of sec.262
Turn the raw legal text into a practical explanation grounded in Electrical Safety Act 2002.
### sec.262 Continuation of particular prohibitions as unsafe equipment directions
This section applies to a prohibition under former section 192 of the regulation that was in effect immediately before the commencement.
If the prohibition was a continuing installing prohibition, the prohibition continues in effect from the commencement as if it were an unsafe equipment direction under new section 122D(2)(a) and (b).
If the prohibition was a continuing use prohibition, the prohibition continues in effect from the commencement as if it were an unsafe equipment direction under new section 122D(2)(a) and (c).
However, new section 122D(8) and (9) does not apply to an unsafe equipment direction mentioned in subsection (2) or (3).
For subsection (2) and (3), the unsafe equipment direction is taken to have—
been given by the regulator personally; and
been given by a gazette notice published on the commencement; and
stated all persons as the persons to whom the direction applies; and
stated a period of 10 years for which the direction applies; and
stated the matter mentioned in new section 122D(3)(c).
For subsection (2), to remove any doubt, it is declared that a reference in a prohibition provision to prohibiting the use of an item of electrical equipment, or a type of electrical equipment, is taken to have always included a reference to prohibiting the installation of the item of electrical equipment or type of electrical equipment.
A prohibition other than a continuing installing prohibition or continuing use prohibition ceases to have effect on the commencement.
In this section—
continuing installing prohibition means a prohibition under former section 192 of the regulation published in the gazette on the following dates—
11 October 2013, at page 207;
23 December 2014, at page 563;
9 October 2015, at page 175.
continuing use prohibition means a prohibition under former section 192 of the regulation published in the gazette on the following dates—
10 May 2017, at page 29;
9 June 2020, at page 331;
6 July 2022, at page 345;
6 March 2024, at page 337.
former section 192 of the regulation means the Electrical Safety Regulation 2013 , section 192 as in force immediately before the commencement.
prohibition provision means—
former section 192 of the regulation; or
the repealed Electrical Safety Regulation 2002, section 126D as it was in force from time to time before its repeal by the Electrical Safety Regulation 2013 .
s 262 ins 2026 No. 6 s 7
(sec.262-ssec.1) This section applies to a prohibition under former section 192 of the regulation that was in effect immediately before the commencement.
(sec.262-ssec.2) If the prohibition was a continuing installing prohibition, the prohibition continues in effect from the commencement as if it were an unsafe equipment direction under new section 122D(2)(a) and (b).
(sec.262-ssec.3) If the prohibition was a continuing use prohibition, the prohibition continues in effect from the commencement as if it were an unsafe equipment direction under new section 122D(2)(a) and (c).
(sec.262-ssec.4) However, new section 122D(8) and (9) does not apply to an unsafe equipment direction mentioned in subsection (2) or (3).
(sec.262-ssec.5) For subsection (2) and (3), the unsafe equipment direction is taken to have— been given by the regulator personally; and been given by a gazette notice published on the commencement; and stated all persons as the persons to whom the direction applies; and stated a period of 10 years for which the direction applies; and stated the matter mentioned in new section 122D(3)(c).
(sec.262-ssec.6) For subsection (2), to remove any doubt, it is declared that a reference in a prohibition provision to prohibiting the use of an item of electrical equipment, or a type of electrical equipment, is taken to have always included a reference to prohibiting the installation of the item of electrical equipment or type of electrical equipment.
(sec.262-ssec.7) A prohibition other than a continuing installing prohibition or continuing use prohibition ceases to have effect on the commencement.
(sec.262-ssec.8) In this section— continuing installing prohibition means a prohibition under former section 192 of the regulation published in the gazette on the following dates— 11 October 2013, at page 207; 23 December 2014, at page 563; 9 October 2015, at page 175. continuing use prohibition means a prohibition under former section 192 of the regulation published in the gazette on the following dates— 10 May 2017, at page 29; 9 June 2020, at page 331; 6 July 2022, at page 345; 6 March 2024, at page 337. former section 192 of the regulation means the Electrical Safety Regulation 2013 , section 192 as in force immediately before the commencement. prohibition provision means— former section 192 of the regulation; or the repealed Electrical Safety Regulation 2002, section 126D as it was in force from time to time before its repeal by the Electrical Safety Regulation 2013 .
- (a) been given by the regulator personally; and
- (b) been given by a gazette notice published on the commencement; and
- (c) stated all persons as the persons to whom the direction applies; and
- (d) stated a period of 10 years for which the direction applies; and
- (e) stated the matter mentioned in new section 122D(3)(c).
- (a) 11 October 2013, at page 207;
- (b) 23 December 2014, at page 563;
- (c) 9 October 2015, at page 175.
- (a) 10 May 2017, at page 29;
- (b) 9 June 2020, at page 331;
- (c) 6 July 2022, at page 345;
- (d) 6 March 2024, at page 337.
- (a) former section 192 of the regulation; or
- (b) the repealed Electrical Safety Regulation 2002, section 126D as it was in force from time to time before its repeal by the Electrical Safety Regulation 2013 .