Part 6Safety and technical issues

Part 6—Safety and technical issues 59—Requirements relating to electrical installation connection and meter installation (1) A person must not personally carry out the work of connecting electricity supply from a transmission or distribution network to an electrical installation, or installing or replacing a meter, unless— (a) the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person; or (b) the electricity entity that operates the network has specifically authorised the person to carry out the work. Maximum penalty: $5 000. (1a) A prescribed person must not cause or permit or authorise a person to personally carry out the work of connecting electricity supply from a transmission or distribution network to an electrical installation, or installing or replacing a meter, unless the person personally carrying out the work has the appropriate knowledge and skills required for that purpose. Maximum penalty: $50 000. (1b) If, when electricity supply from a transmission or distribution network is connected to an electrical installation, other than an installation to which electricity supply from the network has previously been connected— (a) the installation does not comply with technical and safety requirements under the regulations; or (b) there is a failure to comply with technical and safety requirements under the regulations relating to the making of the connection, the person personally carrying out the work of making the connection and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of the electricity entity that operates the network, the electricity entity are each guilty of an offence. (a) in the case of the person personally carrying out the work of making the connection—$5 000; (b) in the case of the electricity entity—$50 000. Expiation fee: in the case of the person personally carrying out the work of making the connection—$315. (1c) Subject to the regulations, neither the electricity entity that operates the network nor the person personally carrying out the work of making the connection commits an offence under subsection (1b)(a) in relation to an electrical installation if the entity has, before the making of the connection, been provided with a certificate of compliance issued under this Part in relation to the installation. (1d) If, when electricity supply from a transmission or distribution network is connected to an electrical installation following the prior disconnection from the network of electricity supply to the installation for safety reasons— (a) any work that has been carried out on the installation since the disconnection has not complied with the regulations; or (b) in a case where the disconnection was by, or at the direction of, an authorised officer or the Technical Regulator—the making of the connection has not been approved by an authorised officer or the Technical Regulator; or (c) in a case where the disconnection was by an electricity officer—there has not been rectification of the fault giving rise to the disconnection; or (d) there is a failure to comply with technical and safety requirements under the regulations relating to the making of the connection, the person personally carrying out the work of making the connection and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person, the prescribed person are each guilty of an offence. (a) in the case of the person personally carrying out the work of making the connection—$10 000; (b) in the case of the prescribed person—$50 000. Expiation fee: in the case of a contravention of paragraph (b) by the person personally carrying out the work of making the connection—$1 000. (1e) Subject to the regulations, neither a prescribed person nor the person personally carrying out the work of making the connection commits an offence under subsection (1d)(a) in relation to work carried out on an electrical installation if the prescribed person has, before the making of the connection, been provided with a certificate of compliance issued under this Part in relation to the work on the installation. (1f) Neither a prescribed person nor the person personally carrying out the work of making the connection commits an offence under subsection (1d)(b) unless notice has been given, orally or by fax or email, to the prescribed person, or an employee or agent of the prescribed person, that electricity supply to the installation has been disconnected by, or at the direction of, an authorised officer or the Technical Regulator. (1g) If, in carrying out the work of installing or replacing a meter, there is a failure to comply with— (a) regulations relating to the carrying out of such work or examinations and tests relating to such work; or (b) technical and safety requirements under the regulations relating to the connection of electricity supply from a transmission or distribution network to an electrical installation, the person personally carrying out the work and, if the person is carrying out the work as an employee or contractor directly or indirectly on behalf of a prescribed person, the prescribed person are each guilty of an offence. (a) in the case of the person personally carrying out the work—$5 000; (b) in the case of the prescribed person—$50 000. Expiation fee: in the case of the person personally carrying out the work—$315. (2) An electricity officer for an electricity entity may disconnect the electricity supply to an electrical installation that— (a) is connected to the entity's transmission or distribution network in contravention of this section; or (b) otherwise does not comply with this Act. (3) For the purposes of this section, electricity supply to an electrical installation is disconnected for safety reasons if the electricity supply is disconnected— (a) by, or at the direction of, an authorised officer or the Technical Regulator; or (b) by an electricity officer because of a contravention of this Act relating to the electrical installation or its connection, or because the electrical installation is, in the officer's opinion unsafe; or (c) to allow work on the electrical installation to be carried out safely. (4) For the purposes of this section— (a) the electricity entity that operates the transmission or distribution network concerned is a prescribed person; and (b) a metering provider is a prescribed person in relation to the work of installing or replacing a meter; and (c) the work of installing or replacing a meter includes— (i) the temporary disconnection of the electricity supply while the work is carried out; and (ii) connecting or reconnecting electricity supply from a transmission or distribution network to the electrical installation to which the meter is wired following the installation or replacement of the meter. (5) In this section— meter means a meter and associated equipment for measuring the consumption of electricity supplied to a place from a transmission or distribution network; metering provider means a person accredited and registered as a metering provider under the National Electricity Rules. 60—Responsibility of owner or operator of infrastructure or installation (1) A person who owns or operates electricity infrastructure must take reasonable steps to ensure that— (a) the infrastructure complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and (b) the infrastructure is safe and safely operated. (1a) A person who contravenes subsection (1) is guilty of an offence. (a) if the person committed the offence intentionally or recklessly and with the knowledge that an immediate and material risk of harm to any person will or might result— (i) if the offender is a body corporate—a penalty of $250 000; or (ii) in any other case—a penalty of $50 000; or (b) in any other case— (i) if the offender is a body corporate—a penalty of $100 000; or (ii) in any other case—a penalty of $20 000. (1b) A person who owns or operates an electrical installation must take reasonable steps to ensure that— (a) the installation complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and (b) the installation is safe and safely operated. (a) if the offender is a body corporate—a penalty of $50 000; (b) in any other case—a penalty of $10 000. (2) For the purpose of ensuring under this section that an electrical installation complies with the technical and safety requirements and is safe, a person may, subject to the regulations, rely on a certificate of compliance issued under this Part in relation to the installation. 60A—Responsibility to ensure correct polarity and phase relationship An electricity entity that operates a transmission or distribution network must ensure that any work carried out on behalf of the entity that could affect the safety of connected electrical installations is appropriately tested to ensure the correct polarity and phase relationship. 60B—Safety, reliability, maintenance and technical management plans A person exempted from the requirement to hold a licence authorising the generation of electricity or the operation of a transmission or distribution network must, if so required by the Technical Regulator by written notice— (a) prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and (b) obtain the approval of the Technical Regulator to the plan and any revision; and (c) comply with the plan as approved from time to time; and (d) audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator. 61—Electrical installation work (1) A person to whom this subsection applies who carries out work on an electrical installation or proposed electrical installation must ensure that— (a) the work is carried out as required under the regulations; and (b) examinations and tests are carried out as required under the regulations; and (c) the requirements of the regulations as to notification and certificates of compliance are complied with. (a) if the offender is a body corporate—a penalty of $50 000; (b) in any other case—a penalty of $10 000. (2) Subsection (1) applies— (a) if a licensed electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995 has employed or engaged a registered electrical worker under the Plumbers, Gas Fitters and Electricians Act 1995 to personally carry out work on an electrical installation or proposed electrical installation—to the licensed electrical contractor or licensed building work contractor; or (b) if a registered electrical worker under the Plumbers, Gas Fitters and Electricians Act 1995 who personally carries out work on an electrical installation or proposed electrical installation has not been employed or engaged to do so by a licensed electrical contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995—to the registered electrical worker. (3) A prosecution for an offence against subsection (1) may be brought at any time within the period of 3 years after the date on which the offence is alleged to have been committed. (4) If a person other than a person to whom subsection (1) applies personally carries out work of a kind prescribed by the regulations on an electrical installation or proposed electrical installation, the person must ensure that the work is carried out as required under the regulations. 61A—Unsafe installation of electrical equipment A person must not install electrical equipment that the person knows or should be reasonably expected to know is, or will be, unsafe in use. 61B—Design of electrical installations An electrical installation must be designed in accordance with technical and safety requirements under the regulations. 62—Power to require rectification etc in relation to infrastructure, installations or equipment (1) If electricity infrastructure, an electrical installation or electrical equipment is unsafe, or the Technical Regulator believes on reasonable grounds that the infrastructure, installation or equipment is, or may become, unsafe when in use, or does not comply with this Act, the Technical Regulator may give a direction requiring— (a) rectification of the infrastructure, installation or equipment to the Technical Regulator's satisfaction within a period specified in the direction; (b) if appropriate, the temporary disconnection of the electricity supply while the rectification work is carried out; (c) the disconnection and removal of the infrastructure, installation or equipment. (2) Subject to this section, a direction under this section must be given— (a) in relation to infrastructure—to the electricity entity that operates the infrastructure; (b) in relation to an installation or equipment— (i) in the case of an installation or equipment that is unsafe, or in relation to which it is reasonably believed that the installation or equipment is, or may become, unsafe when in use, as a result of work performed on the installation or equipment within 2 years before the giving of the direction and with the consent of the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated—to the person who carried out the work, unless that person is not authorised to carry out such work; or (ii) in any other case—to the person in charge of the installation or equipment or the occupier of the place in which the installation or equipment is situated. (3) A direction may be given by written notice or, if the Technical Regulator is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing). (4) A person to whom a direction is given under this section— (b) must not fail to take action specified in the direction to rectify the contravention within the period specified in the direction; and (c) must not reconnect or permit the reconnection of the electricity supply, or connect or permit the connection of the infrastructure (or part of the infrastructure), installation or equipment to any other supply of electricity, without the written approval of an authorised officer. (a) in the case of an offence against paragraph (c)—$1 000; (5) If a person does not comply with a direction, the Technical Regulator may take the action that is reasonable and necessary to have the direction carried out. (6) A person, authorised in writing by the Technical Regulator, may do what is reasonable and necessary to carry out the direction. (7) The costs incurred in carrying out the direction are recoverable as a debt due to the Crown. 62A—Public warning statements (1) The Technical Regulator may, if satisfied that it is in the public interest to do so, make a public statement identifying and giving warnings or information about any of the following: (a) electrical equipment that, in the opinion of the Technical Regulator, is or is likely to become unsafe in use and persons who supply the equipment; (b) uses of electrical equipment, or installation practices, that, in the opinion of the Technical Regulator, pose a danger to persons or property; (c) any other dangers to persons or property associated with electricity or electrical equipment. (2) A statement under subsection (1) may identify particular electrical equipment, services, practices and persons. (3) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with— (a) the exercise of a power under this section if the Technical Regulator considers that urgent action is required; or (b) a preliminary investigation conducted by the Technical Regulator for the purposes of this section. 62B—Immunity from liability (1) Neither the Technical Regulator nor the Crown incurs any liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under section 62A. (2) No liability is incurred by a person for publishing in good faith— (a) a statement referred to in subsection (1); or (b) a fair report or summary of such a statement. (3) It is the intention of the Parliament that the immunity from liability provided for in this section apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament. 63—Reporting of accidents etc (1) If an accident involving or associated with any electricity infrastructure, electrical installation or electrical equipment results in electric shock, electrical burns or a prescribed fire the accident must be reported as required under the regulations— (a) if the accident involves part of an electricity entity's infrastructure—by the electricity entity; or (b) if the accident happens while an electrical worker is working on an electrical installation or equipment and the electrical worker is able to make the report—by the electrical worker; or (c) in any other case—by the occupier of the place in which the accident happens. (2) Despite subsection (1)(c), an occupier is not required to report an accident that results in a prescribed fire. (3) For the purposes of an investigation of an accident of a kind referred to in subsection (1), the Technical Regulator may prohibit, restrict or regulate access to any infrastructure, installation or equipment involved in or associated with the accident. (4) A person must not alter or interfere with— (a) any infrastructure, installation or equipment involved in or associated with an accident of a kind referred to in subsection (1); or (b) anything prohibiting, restricting or regulating access to any such infrastructure, installation or equipment. (5) Despite subsections (3) and (4), a person may alter or interfere with the infrastructure, installation or equipment or anything prohibiting, restricting or regulating access to it— (a) if to do so is necessary to— (i) maintain the integrity of a network; or (ii) avert an immediate and serious danger to a person or property; or (b) with the approval of the Technical Regulator. (6) In this section— prescribed fire means a fire that involves the attendance of an officer (including a volunteer officer) or employee of an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005.