2025
A Bill
for
An Act to amend the Electrical Safety Act 2002, the Electrical
Safety Regulation 2013, the Work Health and Safety and Other
Legislation Amendment Act 2024 and the legislation mentioned
in schedule 1 for particular purposes
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Authorised by the Parliamentary Counsel
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 1 Preliminary
The Parliament of Queensland enacts—
Part 1 Preliminary
1 Short title
This Act may be cited as the Electrical Safety and Other
Legislation Amendment Act 2025.
Part 2 Amendment of Electrical Safety
Act 2002
2 Act amended
This part amends the Electrical Safety Act 2002.
Note—
See also the amendments in schedule 1.
3 Amendment of s 122B (Delegation by regulator)
Section 122B(2)—
omit, insert—
(2) However, the regulator can not delegate the
regulator’s power under section 122D or 122E.
4 Insertion of new s 122D
After section 122C—
insert—
122D Unsafe equipment directions
(1) This section applies if the regulator is satisfied on
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 2 Amendment of Electrical Safety Act 2002
reasonable grounds that an item of electrical
equipment, or a type of electrical equipment—
(a) is or is likely to become unsafe in use; or
(b) has inadequate information marked on, or
accompanying, the equipment.
(2) The regulator may, by gazette notice, give 1 or
more of the following directions (each an unsafe
equipment direction)—
(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.
(3) An unsafe equipment direction must also state—
(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.
(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.
(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.
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 2 Amendment of Electrical Safety Act 2002
(6) Subsection (5) places an evidential burden on the
defendant to show a reasonable excuse.
(7) In considering the matters mentioned in
subsection (1), the regulator may consider—
(a) any relevant standard providing for safety
requirements about electrical equipment; or
(b) any other relevant matter.
(8) The regulator must publish on the department’s
website—
(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.
(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.
Note—
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.
(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—
(a) for a direction given under subsection
(2)(a)—subsection (9); or
(b) for another direction—the QCAT Act,
section 157(1).
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 2 Amendment of Electrical Safety Act 2002
5 Amendment, relocation and renumbering of s 206
(Electrical safety notification)
(1) Section 206(3)(b)—
omit.
(2) Section 206(3)(c)—
renumber as section 206(3)(b).
(3) Section 206—
relocate to part 10, division 1 and renumber as section 122E.
6 Amendment of s 210 (Regulation-making power)
Section 210—
insert—
(6) A regulation may provide for an electricity entity,
or a class of electricity entities, to give notices
requiring action to be taken in relation to
defective electrical equipment.
7 Insertion of new pt 24
After part 23—
insert—
Part 24 Validation and
transitional provisions
for Electrical Safety
and Other Legislation
Amendment Act 2025
260 Definition for part
In this part—
new, in relation to a provision of this Act, means
the provision as in force from the commencement.
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 2 Amendment of Electrical Safety Act 2002
261 Validation of notices given by electricity
entities before commencement
(1) This section applies if, before the
commencement, an electricity entity gave a notice
to a person in control of electrical equipment
about a defect affecting the electrical safety of the
electrical equipment.
(2) The giving of the notice to the person in control of
the electrical equipment is taken to be, and to have
always been, as valid as it would have been if new
section 210 had been in force at the time the notice
was given.
(3) Anything done as a result of the giving of the
notice to the person in control of the electrical
equipment is taken to be, and to have always been,
as valid as it would have been if new section 210
had been in force at the time the notice was given.
(4) In this section—
given includes purported to be given.
262 Continuation of particular prohibitions as
unsafe equipment directions
(1) This section applies to a prohibition under former
section 192 of the regulation that was in effect
immediately before the commencement.
(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).
(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).
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 2 Amendment of Electrical Safety Act 2002
(4) However, new section 122D(8) and (9) does not
apply to an unsafe equipment direction mentioned
in subsection (2) or (3).
(5) For subsection (2) and (3), the unsafe equipment
direction is taken to have—
(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).
(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.
(7) A prohibition other than a continuing installing
prohibition or continuing use prohibition ceases
to have effect on the commencement.
(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—
(a) 11 October 2013, at page 207;
(b) 23 December 2014, at page 563;
(c) 9 October 2015, at page 175.
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Authorised by the Parliamentary Counsel
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 3 Amendment of Electrical Safety Regulation 2013
continuing use prohibition means a prohibition
under former section 192 of the regulation
published in the gazette on the following dates—
(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.
former section 192 of the regulation means the
Electrical Safety Regulation 2013, section 192 as
in force immediately before the commencement.
prohibition provision means—
(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.
Part 3 Amendment of Electrical Safety
Regulation 2013
8 Regulation amended
This part amends the Electrical Safety Regulation 2013.
9 Omission of s 192 (Regulator may prohibit the sale or use
of electrical equipment on safety grounds)
Section 192—
omit.
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 4 Amendment of Work Health and Safety and Other Legislation Amendment Act 2024
Part 4 Amendment of Work Health and
Safety and Other Legislation
Amendment Act 2024
10 Act amended
This part amends the Work Health and Safety and Other
Legislation Amendment Act 2024.
11 Omission of s 9 (Amendment of s 32 (The regulator))
Section 9—
omit.
Editor’s note—
Legislation ultimately amended—
• Safety in Recreational Water Activities Act 2011
12 Omission of s 52 (Insertion of new s 155A)
Section 52—
omit.
Editor’s note—
Legislation ultimately amended—
• Work Health and Safety Act 2011
13 Amendment of s 64 (Amendment of s 271 (Confidentiality
of information))
Section 64(1)—
omit.
Editor’s note—
Legislation ultimately amended—
• Work Health and Safety Act 2011
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Electrical Safety and Other Legislation Amendment Bill 2025
Part 5 Other amendments
Part 5 Other amendments
14 Legislation amended
Schedule 1 amends the legislation it mentions.
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