12Meaning of in control

12 Meaning of in control (1) A person is in control of electrical equipment if the person is responsible for the control or management of the electrical (2) If residential premises are occupied by a person other than the owner of the premises, the owner is the person in control of any electrical equipment at the premises that: (a) forms part of, or is supplied for use at, the premises; and (b) is owned by the owner of the premises. 1 The owner of a residential unit, being rented to a tenant, is the person in control of the water heater in the unit. 2 The body corporate for a unit titles scheme would ordinarily be the person in control of electrical equipment located on common property for the scheme. (3) Subject to subsection (2), a person who is the occupier of premises where electrical equipment is located is presumed to be the person in control of the electrical equipment. A manufacturer that owns a factory building used for the manufacturer's business would ordinarily be the person in control of all electrical equipment at the building. (4) If a contract or other arrangement provides that a person other than the occupier of premises where electrical equipment is located is to control the electrical equipment, the other person is the person in control of the equipment. Examples for subsection (4) 1 If a manufacturer occupies a factory building under a lease and the lease provides that the lessor keeps responsibility for the maintenance and repair of particular electrical equipment at the building, the lessor is the person in control of the particular electrical equipment.

Electrical Safety Act 2022 15 2 If the body corporate for a unit titles scheme enters into a contract under which an electrical contractor assumes responsibility for the repair and maintenance of electrical equipment located on common property for the scheme, the electrical contractor is the person in control of the electrical 3 If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease and the lease provides that the shopping centre management keeps responsibility for particular electrical equipment in the retail premises, the shopping centre management is the person in control of the particular electrical equipment. (5) For subsection (1), a person does not control electrical equipment only because the electrical equipment: (a) is the subject of electrical work performed by the person or directed or supervised by the person; or (b) is used for the carrying out of work: (i) performed by the person as a worker; or (ii) directed or supervised by the person. control, in relation to electrical equipment, includes having responsibility for the maintenance and repair of the electrical