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Electrical Safety Act 2002
sec.57BNotice of proposed action
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### sec.57B Notice of proposed action
Before the regulator gives a direction to rectify the electrical work, the regulator must give the person a written notice—
stating that the regulator proposes to direct the person to rectify the electrical work within the period stated in the direction (the proposed action ); and
stating the grounds for the proposed action; and
outlining the facts and circumstances forming the basis for the grounds; and
inviting the person to show, within a stated time of at least 14 days, why the proposed action should not be taken.
The regulator must consider any representations made by the person within the stated time.
If the regulator still considers a ground exists to take the proposed action, the regulator may direct the person to rectify the electrical work within the period stated in the direction.
The regulator must give the person—
written notice of the decision; and
include with the written notice an information notice for the decision.
If the direction is given to a person who is not currently licensed to carry out the required work, the person must have the work carried out by a licensed contractor.
The person to whom the direction is given must comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty—100 penalty units.
It is not a reasonable excuse for a person not to comply with the requirement that a contractor engaged by the person to perform the work had failed to perform the work.
s 57B ins 2004 No. 45 s 122
amd 2011 No. 18 s 404 sch 4 pt 1
(sec.57B-ssec.1) Before the regulator gives a direction to rectify the electrical work, the regulator must give the person a written notice— stating that the regulator proposes to direct the person to rectify the electrical work within the period stated in the direction (the proposed action ); and stating the grounds for the proposed action; and outlining the facts and circumstances forming the basis for the grounds; and inviting the person to show, within a stated time of at least 14 days, why the proposed action should not be taken.
(sec.57B-ssec.2) The regulator must consider any representations made by the person within the stated time.
(sec.57B-ssec.3) If the regulator still considers a ground exists to take the proposed action, the regulator may direct the person to rectify the electrical work within the period stated in the direction.
(sec.57B-ssec.4) The regulator must give the person— written notice of the decision; and include with the written notice an information notice for the decision.
(sec.57B-ssec.5) If the direction is given to a person who is not currently licensed to carry out the required work, the person must have the work carried out by a licensed contractor.
(sec.57B-ssec.6) The person to whom the direction is given must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
(sec.57B-ssec.7) It is not a reasonable excuse for a person not to comply with the requirement that a contractor engaged by the person to perform the work had failed to perform the work.
- (a) stating that the regulator proposes to direct the person to rectify the electrical work within the period stated in the direction (the proposed action ); and
- (b) stating the grounds for the proposed action; and
- (c) outlining the facts and circumstances forming the basis for the grounds; and
- (d) inviting the person to show, within a stated time of at least 14 days, why the proposed action should not be taken.
- (a) written notice of the decision; and
- (b) include with the written notice an information notice for the decision.