Electricity Act Regulations 1947

CrestWestern Australia

Electricity Act 1945

Electricity Regulations 1947

Western Australia

Electricity Regulations 1947

Contents

Part I — Preliminary

1. Citation 1

2. Terms used 1

Part IV — Residual current devices

12. Terms used 3

12A. Installation of residual current devices 4

13. Residential premises occupied by owner 5

14. Residential premises not occupied by owner 6

15A. New owner’s obligation to install residual current devices and right to recover costs 7

15. Common property relating to residential premises 8

16. Defences in case of demolition 8

17. Transportable structures or vehicles used for accommodation 8

18. Director may grant temporary exemptions 9

Part V — Interfering with electrical installations

19. Interfering with electrical installations 10

Part VIII — Supply of electricity to consumers

241. Terms used 11

242. Connection of supply 11

243. Voltage on neutral conductor 12

244. Damage by overloading to network operator’s apparatus 14

245. Fixing leads in fuses, meters etc. 14

246. Systems of inspection 14

247. Individual inspection and reporting for electric installation 19

248. Supply to premises requiring transformers 20

249. Interference with supply to other consumers 21

250. Apparatus, interruptions, responsibility 22

251. Disconnections 22

252. Consumer’s liability for loss 23

253. Alteration to system 23

254. Charges for services 23

Part IX — Vegetation control safety requirements

316A. Vegetation control work near overhead power lines 24

Part X — Approval of electrical appliances

321. Terms used 27

322. Application for approval 28

323. Further testing of electrical appliances approved 30

324. Certificate of approval 31

325. Stamping and labelling of approved electrical appliances 33

326. Modification of design or construction 35

327. Transfer of certificate of approval 35

328. Lost or destroyed certificates of approval 36

329. Delegation by Director 36

330. Refusal or withdrawal of approval 37

331. Notification of withdrawal of approval 39

332. Deferment of approval 40

333. Purchase of electrical appliances for inspection 40

334. Obstruction of officers 41

335. Register of Prescribed Electrical Appliances and Register of Approved Electrical Appliances 42

336. Change of address 43

Part XI — Penalties and enforcement

340. Penalties 44

341. Proceedings 44

342. Prescribed offences and modified penalties 44

343. Authorised officers and approved officers 45

344. Forms 45

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Notes

Compilation table 58

Other notes 62

Defined terms

Electricity Act 1945

Electricity Regulations 1947

Part I — Preliminary

[Heading inserted: Gazette 30 May 2000 p. 2567.]

1. Citation

These regulations may be cited as the Electricity Regulations 1947.

[Regulation 1 inserted: Gazette 30 May 2000 p. 2567.]

2. Terms used

In these regulations, unless the contrary intention appears —

active conductor means —

(a) in a system that includes a neutral conductor — a conductor in the system maintained at a difference of potential from the neutral conductor; and

(b) in a system that does not include a neutral conductor — any conductor in the system;

appliance means a consuming device, other than a lamp, in which electricity is —

(a) converted into heat, motion or other form of energy; or

(b) substantially changed in its electrical character;

conductor means a wire or other form of conducting material suitable for carrying current except where the wire or material is directly employed in converting electrical energy into another form;

electrical equipment means any of the following when used for the generation, conversion, storage, transmission, distribution or utilisation of electrical energy —

(a) wiring systems;

(b) switchgear;

(c) controlgear;

(d) accessories;

(e) appliances;

(f) luminaires;

(g) fittings;

neutral conductor means —

(a) the conductor of a 3‑phase system that is maintained at an intermediate and approximately uniform potential in respect of the active conductors; or

(b) the conductor of a single‑phase system that is connected to earth at its origin.

[Regulation 2 inserted: Gazette 2 Oct 2018 p. 3785.

[Pts. II and III (r. 3‑11) deleted: Gazette 14 Apr 2015 p. 1324.]

Part IV — Residual current devices

[Heading inserted: Gazette 8 May 2009 p. 1493.]

12. Terms used

In this Part —

building permit has the meaning given in the Building Act 2011 section 3;

common property, relating to residential premises —

(a) if the premises are part of a strata titles scheme as defined in the Strata Titles Act 1985 section 3(1) — means common property as defined in that section; or

(aa) if the premises are part of a community titles scheme as defined in the Community Titles Act 2018 section 3(1) — means common property as defined in that section; or

(b) if those premises and other residential premises are situated on the same lot as defined in the Planning and Development Act 2005 section 4(1), or on 2 or more contiguous lots — means all the areas of the lot or lots that do not comprise or form part of any residential premises;

new owner, in relation to transferred residential premises, means the person to whom the title was transferred;

notice of intended demolition, in relation to transferred residential premises, means written notice, given to the prior owner before the transfer, of the new owner’s intention to demolish the premises within 6 months after the transfer;

occupied by an owner, in relation to residential premises, means occupied by an owner, whether legal or beneficial, of those premises as the owner’s principal place of residence;

premises does not include a transportable structure or vehicle;

prior owner, in relation to transferred residential premises, means the person from whom the title was transferred;

properly installed, in relation to residential premises or common property relating to residential premises, means —

(a) installed in accordance with regulation 12A in relation to those premises or that property; and

(b) not installed in relation to any other premises or property;

residential premises means premises that constitute or are intended to constitute a place of residence or accommodation, whether short or long‑term, but does not include any common property relating to the residential premises;

residential tenancy agreement has the meaning given in the Residential Tenancies Act 1987 section 3;

residual current device means a device designed to isolate supply to protected circuits, socket outlets or electrical equipment in the event of a current flow to earth that exceeds a particular value;

short‑term rental accommodation has the meaning given in the Short‑Term Rental Accommodation Act 2024 section 3;

transferred residential premises means residential premises the title to which has been transferred.

[Regulation 12 inserted: Gazette 8 May 2009 p. 1493‑4; amended: Gazette 5 Mar 2010 p. 842; 10 May 2011 p. 1663; 2 Oct 2018 p. 3786.]

[Regulation 12 amended: Gazette 31 Dec 2019 p. 4641; SL 2021/71 r. 4; SL 2024/123 r. 20(2).]

12A. Installation of residual current devices

(1) In this regulation —

final subcircuit means a final subcircuit to which a socket outlet, lighting point or directly‑connected hand‑held appliance is connected.

(2) Residual current devices are installed in accordance with this regulation in relation to residential premises, or common property relating to residential premises, if all of the following apply —

(a) the number of residual current devices installed on the premises is at least —

(i) 1, if the premises have 1 final subcircuit; and

(ii) 2, if the premises have more than 1 final subcircuit;

(b) if 2 or more residual current devices are installed on the premises, lighting points connected to final subcircuits are distributed between the devices;

(c) each residual current device complies with AS/NZS 3190:2016 Approval and test specification — Residual current devices (current‑operated earth‑leakage devices);

(d) each residual current device has a maximum rated residual current of 30 mA;

(e) each residual current device protects not more than 3 final subcircuits;

(f) each residual current device is installed at the switchboard at which each final subcircuit protected by it originates.

[Regulation 12A inserted: Gazette 2 Oct 2018 p. 3787.]

13. Residential premises occupied by owner

Subject to any exemption under regulation 18, an owner of residential premises that are occupied by an owner must ensure that residual current devices are properly installed in relation to the premises —

(a) before title to the premises is transferred; or

(b) before the owner enters into a residential tenancy agreement in respect of some or all of the premises; or

(ba) before the owner makes some or all of the premises available as short‑term rental accommodation; or

(c) before the owner makes some or all of the premises available for hire.

Penalty:

(a) in the case of an individual — a fine of $15 000;

(b) in the case of a body corporate — a fine of $100 000.

[Regulation 13 inserted: Gazette 8 May 2009 p. 1494; amended: Gazette 10 May 2011 p. 1663; 13 Apr 2012 p. 1647; 2 Oct 2018 p. 3787; SL 2024/123 r. 20(3).]

14. Residential premises not occupied by owner

Subject to any exemption under regulation 18, an owner of residential premises that are not occupied by an owner must ensure that residual current devices are properly installed in relation to the premises —

(a) before title to the premises is transferred; or

(b) before the owner enters into a residential tenancy agreement in respect of the premises with someone other than a person who was a tenant (as defined in the Residential Tenancies Act 1987 section 3) of the premises immediately before 9 August 2009; or

(ba) before the owner makes the premises available as short‑term rental accommodation; or

(bb) before the owner makes the premises available for hire; or

(c) before the completion of any building works on the premises, if those works require the grant of a building permit.

Penalty:

(a) in the case of an individual — a fine of $15 000;

(b) in the case of a body corporate — a fine of $100 000.

[Regulation 14 inserted: Gazette 8 May 2009 p. 1494; amended: Gazette 10 May 2011 p. 1663; 2 Oct 2018 p. 3788; SL 2024/123 r. 20(4).]

15A. New owner’s obligation to install residual current devices and right to recover costs

(1) In this regulation —

post‑transfer period, in relation to transferred residential premises, means —

(a) if the new owner has given a notice of intended demolition — 6 months after the transfer;

(b) if the new owner has not given a notice of intended demolition — 2 months after the transfer.

(2) If —

(a) the title to residential premises is transferred; and

(b) the prior owner has not complied with regulation 13(a) or 14(a); and

(c) demolition of the premises has not commenced within the post‑transfer period,

the new owner must, on or before the expiry of the post‑transfer period, ensure that residual current devices are properly installed in relation to the premises.

Penalty:

(a) in the case of an individual — a fine of $15 000;

(b) in the case of a body corporate — a fine of $100 000.

(3) If the new owner has not given a notice of intended demolition, the new owner’s reasonable costs of complying with subregulation (2) —

(a) are a debt due by the prior owner to the new owner; and

(b) may be recovered in a court of competent jurisdiction.

[Regulation 15A inserted: Gazette 10 May 2011 p. 1664; amended: Gazette 2 Oct 2018 p. 3788.]

15. Common property relating to residential premises

Subject to any exemption under regulation 18, an owner of common property relating to residential premises must ensure that residual current devices are properly installed in relation to the common property.

Penalty:

(a) in the case of an individual — a fine of $15 000;

(b) in the case of a body corporate — a fine of $100 000.

[Regulation 15 inserted: Gazette 2 Oct 2018 p. 3788.

16. Defences in case of demolition

(1) It is a defence to a charge of an offence under regulation 13(a) or 14(a) for the person charged to prove that the new owner of the transferred residential premises gave a notice of intended demolition.

(2) It is a defence to a charge of an offence under regulation 15 for the person charged to prove that the person had, before the charge was laid, arranged for the demolition of the premises.

[Regulation 16 inserted: Gazette 10 May 2011 p. 1665; amended: Gazette 2 Oct 2018 p. 3788‑9.]

17. Transportable structures or vehicles used for accommodation

Subject to any exemption under regulation 18, an owner of a transportable structure or vehicle that constitutes or is intended to constitute a place of residence or accommodation, whether short or long‑term, must ensure that at least 1 residual current device is installed in relation to the structure or vehicle in accordance with AS/NZS 3001:2008 Electrical installations — Transportable structures and vehicles including their site supplies.

Penalty:

(a) in the case of an individual — a fine of $15 000;

(b) in the case of a body corporate — a fine of $100 000.

[Regulation 17 inserted: Gazette 2 Oct 2018 p. 3789.

18. Director may grant temporary exemptions

(1) The Director may, by notice in writing, exempt an owner of residential premises or a transportable structure or vehicle from the requirements of regulation 13, 14, 15 or 17, for such period, and on such conditions, as the Director considers appropriate and are set out in that notice.

(2) The Director must not grant an exemption under subregulation (1) unless the Director is satisfied that —

(a) there are special circumstances which justify exempting the owner from the requirements of regulation 13, 14, 15 or 17, as the case requires; and

(b) those circumstances are temporary; and

(c) the exemption will not cause or allow to continue any undue risk of —

(i) injury to a person; or

(ii) damage to property.

[Regulation 18 inserted: Gazette 5 Mar 2010 p. 842; amended: Gazette 2 Oct 2018 p. 3789.]

Part V — Interfering with electrical installations

[Heading inserted: Gazette 13 Apr 2012 p. 1648.]

19. Interfering with electrical installations

(1) A person must not alter or interfere with an electrical installation unless the person is authorised to do so under a written law.

(2) A person must not, in relation to premises to which electricity is or is likely to be supplied, install or otherwise place thermal insulation so that a part of the electrical installation —

(a) is unsafe; or

(b) is likely to become unsafe; or

(c) does not comply with the electrical work requirements applicable at the time electrical work was last carried out on that part of the electrical installation.

(3) The reference in subregulation (2)(c) to electrical work requirements is a reference to the requirements referred to in the Electricity (Licensing) Regulations 1991 section 49 or, where relevant, to similar requirements applicable before the commencement of the Electricity (Licensing) Regulations 1991 1.

(4) In subregulation (1), interference includes harmonic frequency interference but does not include electromagnetic interference.

[Regulation 19 inserted: Gazette 13 Apr 2012 p. 1648.]

[20‑70. Deleted: Gazette 14 Oct 1991 p. 5294.]

[71‑107. Deleted: Gazette 20 Dec 1985 p. 4881.]

[108‑142. Deleted: Gazette 12 Sep 1956 p. 2294.]

[Parts V1 and VII (r. 143‑236) deleted: Gazette 14 Oct 1991 p. 5294.]

Part VIII — Supply of electricity to consumers

[Heading inserted: Gazette 30 May 2000 p. 2571.]

[237. Deleted: Gazette 31 Mar 2006 p. 1348.]

[238‑240. Deleted: Gazette 31 Oct 2006 p. 4597.]

241. Terms used

(1) In this Part —

fuse means a device to protect a circuit against damage from an excessive current by opening the circuit when the current melts an element in the device;

network operator means a supply authority and any person lawfully operating transmission or distribution works, and service apparatus.

(2) To avoid doubt, it is declared that the word network does include service apparatus, but does not include a line, pole, switch, transformer, or apparatus on or part of premises to which electricity is supplied by a network operator that is situated beyond the point at which electricity is so supplied to the premises.

(3) To avoid doubt, it is declared that the term network operator does not include the owner of premises to which electricity is supplied who distributes the electricity to a person who occupies a part or all of the premises.

[Regulation 241 inserted: Gazette 31 Oct 2006 p. 4597‑8; amended: Gazette 2 Oct 2018 p. 3790.]

242. Connection of supply

(1A) In this regulation —

inspection plan means a plan or policy statement approved by the Director under regulation 253;

notice of completion means a notice of completion required under the Electricity (Licensing) Regulations 1991 regulations 52 and 53.

(1) A network operator must not supply electricity to any premises unless —

(a) the network operator has ensured that all the network operator’s service apparatus that will be used for supplying electricity to the premises is installed and maintained in accordance with this Act and is safe to use; and

(b) the connection of the supply of electricity to the premises does not cause, or is unlikely to cause, any consumers’ electric installations to become unsafe; and

(c) any notice of completion in relation to that supply of electricity has been produced to the network operator.

(2) The Director may, in a particular case or class of case, exempt a network operator from subregulation (1)(c).

(3) Subregulation (1)(c) does not apply to a connection of the premises to the network operator’s network before the network operator receives a notice of completion if —

(a) the network operator’s inspection plan sets out a process for managing such a connection; and

(b) the connection is made in accordance with the inspection plan.

[Regulation 242 inserted: Gazette 23 Dec 1994 p. 7125; amended: Gazette 19 Dec 2000 p. 7274; 31 Oct 2006 p. 4598; 10 May 2011 p. 1665‑6.]

243. Voltage on neutral conductor

(1) The voltage on the neutral conductor of a consumer’s installation must be below 6 volts AC.

(2) The voltage on the neutral conductor is to be measured in accordance with AS 4741‑2010 Appendix A.

(3) If a network operator becomes aware that the voltage on the neutral conductor of a consumer’s installation is not below 6 volts AC, the network operator must —

(a) if the cause, or one of the causes, is a fault in, or a condition of, the network operator’s distribution works — remedy the fault or condition, or, to the extent that that is not practicable, make the consumer’s installation safe and reduce any discomfort to the consumer;

(b) if the cause, or one of the causes, is a fault in, or a condition of, the consumer’s installation, or apparatus connected to the consumer’s installation — give a notice to the consumer requiring the consumer to remedy the fault or condition;

(c) if the cause, or one of the causes, is a fault in, or a condition of, another consumer’s installation, or apparatus connected to that consumer’s installation — give a notice to that consumer requiring that consumer to remedy the fault or condition.

(4) A notice given under subregulation (3)(b) or (c) —

(a) must include a statement to the effect that there is a fault in, or condition of, the consumer’s installation, or apparatus connected to the consumer’s installation, that is causing, or contributing to, a voltage on the neutral conductor of the, or another, consumer’s installation (which is not below 6 volts AC); and

(b) must include a statement to the effect that if the consumer does not remedy the fault or condition the network operator may disconnect the consumer’s installation from the network operator’s distribution works; and

(c) must specify the period, of at least 7 days, within which the consumer must remedy the fault; and

(d) may include any other relevant matter.

(5) If a consumer given a notice does not comply with it within the time specified, or any extension granted by the network operator, the network operator may disconnect the consumer’s installation from the network operator’s distribution works.

[Regulation 243 inserted: Gazette 13 Apr 2012 p. 1648‑9; amended: Gazette 2 Oct 2018 p. 3790.]

244. Damage by overloading to network operator’s apparatus

The consumer shall be responsible for any damage caused to meters or other property of the network operator caused through overloading, of which the network operator has not had previous notification, and such consumer shall be liable to disconnection.

[Regulation 244 inserted: Gazette 31 Oct 2006 p. 4598.]

[245‑248. Deleted: Gazette 19 Dec 2000 p. 7274.]

249. Fixing leads in fuses, meters etc.

Only an employee of, or a person authorised by, the network operator may insert the ends of the consumer’s wiring into any service fuse, meter, indicator, current limiter, or other device the property of the network operator.

[Regulation 249 amended: Gazette 23 Dec 1994 p. 7125; 31 Oct 2006 p. 4598.]

[250. Deleted: Gazette 31 Oct 2006 p. 4598.]

[251. Deleted: Gazette 19 Dec 2000 p. 7274.]

[252. Deleted: Gazette 31 Oct 2006 p. 4598.]

253. Systems of inspection

(1) For the purpose of ensuring the safety of consumers’ electric installations and consumers’ apparatus which forms part of the consumers’ electric installation to which the supply relates, and of monitoring the work of electrical contractors and other persons licensed under the Act, each network operator shall —

(a) establish and maintain an effective system of inspection in accordance with this regulation; or

(b) ensure that any consumers’ electric installation is individually inspected in accordance with regulation 254.

(2) The system of inspection to be established and maintained by a network operator under subregulation (1) shall —

(a) relate to work on all types of consumers’ electric installations, whether new or by way of alteration or addition;

(b) provide for —

(i) safety from fire and electrical shock; and

(ii) the investigation of incidents of fire or shock, including incidents related to apparatus connected (whether or not permanently) to the consumers’ electric installation, which may have been associated with electricity supplied by the network operator to a consumer;

(c) subject to subregulation (6), give effect —

(i) to such guidelines as are, for the purposes of the system of inspection referred to in subregulation (1), issued by the Director from time to time setting out the technical, investigative, reporting, administrative and other requirements with which the system is to comply; and

(ii) to a system plan, and a policy statement, complying with such guidelines and submitted by the network operator to the Director for use during such period, which shall not exceed 4 years, as the Director may, at the time of giving that approval, specify; and

(iii) to any condition, relevant to the compliance by the network operator with its obligation under subregulation (1) to establish and maintain an effective system of inspection, to which the approval of the Director is made subject.

(3) Whether or not any inspection to which this regulation applies is to be carried out, and if it is carried out the nature and extent of it, is a matter within the discretion of the inspector authorised in accordance with that system to make the relevant inspection, subject to subregulation (4), unless —

(a) a written law, or a term of an agreement, otherwise specifically requires; or

(b) the Director or a responsible officer of the network operator otherwise directs, if the relevant approved system so provides.

(4) If an inspection to which this regulation applies is proposed to be carried out —

(a) after the installation or apparatus to which it relates has been energised; or

(b) by way of the examination only of a sample of the work,

an inspection practice of that kind may be used if the relevant approved system so provides but otherwise only subject to the prior approval of the Director being obtained and to any condition, restriction, or limitation imposed.

(5) If —

(a) in good faith, the authorised inspector decides not to carry out an inspection; or

(b) the network operator, or the system of inspection established by the network operator, does not require that an inspection be carried out; or

(c) the approval of the Director has been given to an inspection not being carried out,

in any particular case or in relation to any class of case, the inspector, the network operator and the Director shall not be liable, in civil or criminal proceedings, for any injury or damage occasioned by reason that the inspection was not carried out.

(6) Where a network operator submits to the Director a system plan and a policy statement under subregulation (2)(c), or following a requirement made under subregulation (7)(b)(ii), the Director shall respond within 20 days and may —

(a) require that further particulars be supplied in relation to any matter, or that other matters specified by the Director be addressed, in a further submission; or

(b) grant approval, or grant approval subject to any condition imposed relevant to the compliance by the network operator with its obligation to establish and maintain an effective system of inspection under subregulation (1); or

(c) reject the submission, wholly or in part, and require a further submission,

and a network operator aggrieved by the response of the Director under this regulation in relation to any matter may, in writing, seek the approval of the Minister, who may rely on the advice of an independent expert technical panel to give or refuse that approval, to that matter and effect shall be given to any such matter which the Minister may approve as though the approval had been given by the Director.

(7) The Director may audit the inspection practices of a network operator against the system plan and policy statement approved under this regulation for that network operator by the Director, and may by order in writing —

(a) require the modification of any inspection practice of that network operator if it is found by the Director not to conform with the approved system plan and policy statement; or

(b) require the network operator —

(i) to review those practices, or such of those practices as are specified in the order; and

(ii) if in any respect the approved system of inspection is found to be inadequate to discharge the obligation of the network operator under subregulation (1) to establish and maintain an effective system of inspection, to submit a revised system plan and policy statement,

within such time as is specified in the order,

and the network operator shall forthwith give effect to such order.

(8) Although the Director may exercise the powers conferred by subregulation (7) at any time in so far as that may be necessary in relation to any particular accident, or to any incident or other matter related to safety, no full audit of the practices of the network operator shall, unless the Minister otherwise authorises, be commenced within 9 months of the completion of the last preceding full audit, and the Director shall, on request by a network operator, specify when such an audit was last completed.

(9) A network operator must not —

(a) supply electricity in contravention of subregulation (1); or

(b) otherwise contravene a requirement of —

(i) this regulation; or

(ii) the system plan and policy statement, including any condition which may have been imposed in respect of the obligations of the network operator under subregulation (1), relating to any system of inspection approved by the Director under this regulation.

[Regulation 253 inserted: Gazette 23 Dec 1994 p. 7126‑8; amended: Gazette 31 Oct 2006 p. 4599; 27 Oct 2009 p. 4211‑12.]

254. Individual inspection and reporting for electric installation

(1) If a network operator does not have an inspection plan or policy statement that either complies with regulation 253, or is approved by the Director under regulation 253, the network operator must not —

(a) supply electricity to a newly installed consumer’s electric installation; or

(b) supply electricity to a consumer’s electric installation that has been altered or expanded (if the network operator has been notified of that alteration or expansion in a manner, if any, set out in the Electricity (Licensing) Regulations 1991),

unless the installation has been inspected by an inspector and complies with the requirements, if any, prescribed in respect of that installation.

(2) If, on an inspection under subregulation (1), the inspector makes an order under section 18(2)(a) of the Energy Coordination Act 1994, the network operator must send a copy of the order to the Director within 28 days of the completion of the inspection.

(3) If an accident of the type referred to in regulation 63 of the Electricity (Licensing) Regulations 1991 occurs at an installation referred to in subregulation (1), the network operator who supplies electricity to the installation must give the Director a report, in a form approved by the Director, on the accident —

(a) within 3 days of the accident; or

(b) within any longer period approved, in writing and on a case‑by‑case basis, by the Director.

[(4) deleted]

(5) In proceedings for an offence involving a contravention of subregulation (1) it is a defence for the accused to show that the Director had given prior written approval to a network operator or a class of network operator to supply electricity to certain types of alterations or expansions to consumers’ installations without prior inspection.

[Regulation 254 inserted: Gazette 31 Oct 2006 p. 4599‑600; amended: Gazette 27 Oct 2009 p. 4212.]

[255. Deleted: Gazette 31 Oct 2006 p. 4600.]

[256. Deleted: Gazette 19 Dec 2000 p. 7274.]

257. Supply to premises requiring transformers

(1) If a network operator considers it necessary to install transformers in relation to premises, the owner of the premises must —

(a) at the site where the transformers are installed, provide the following —

(i) an accessible space, to the satisfaction of the network operator, for electrical equipment;

(ii) an enclosure, to the satisfaction of the network operator, for the protection of electrical equipment against external influences and contact with live parts;

and

(b) ensure that circuit breakers and fuses on the premises have a fault rating to the satisfaction of the network operator.

Penalty for this subregulation:

(a) in the case of an individual — a fine of $50 000;

(b) in the case of a body corporate — a fine of $250 000.

(2) The network operator may use electrical equipment referred to in subregulation (1) for the supply of electricity to consumers other than the occupier of the premises.

[Regulation 257 inserted: Gazette 2 Oct 2018 p. 3790.]

[258‑264. Deleted: Gazette 19 Dec 2000 p. 7274.]

265. Interference with supply to other consumers

[(1), (2) deleted]

(3) In the event of a consumer operating any electrical equipment in such a manner as will, in the opinion of the network operator, interfere with the supply to other consumers, the network operator may require the consumer to make such necessary adjustments or alterations and so to operate the apparatus as will, in the opinion of the network operator, ensure that the supply to other consumers will not be interfered with; and in the event of the consumer failing to do so the network operator may cut off the supply of electricity to the consumer. The fact that the network operator has connected and approved of the apparatus aforesaid shall not be deemed to exempt the consumer from the operation of this regulation.

[Regulation 265 amended: Gazette 31 Oct 2006 p. 4601.]

[266, 267. Deleted: Gazette 19 Dec 2000 p. 7274.]

[268. Deleted: Gazette 31 Oct 2006 p. 4601.]

[269, 270. Deleted: Gazette 23 Dec 1994 p. 7128.]

271. Apparatus, interruptions, responsibility

The supply authority —

(a) shall have the right at all reasonable times to enter the premises of the consumer to inspect and test the installation and the supply authority’s meter and to remove any of the supply authority’s property;

(b) may at any time interrupt the supply to make a test or to effect alterations, or repairs to the supply authority’s system, or for any other purpose;

(c) shall not be responsible or liable for any injury, damage or loss of any kind to the person, property, or business, of the consumer, or to the consumer’s electrical equipment, resulting from fire or otherwise, through the supply of electricity or through interruptions or defects of supply due to storm, accident, or breakdown of plant or mains or force majeure, unless it can be shown that negligence on the part of the supply authority was the reason for, or part of the reason for, the injury, loss or damage.

[Regulation 271 amended: Gazette 31 Oct 2006 p. 4601.]

272. Disconnections

The supply authority shall have the right to disconnect a consumer’s installation without notice if the consumer —

(a) has an installation that is faulty or unsafe; or

(b) uses the service in a way that interferes with the general supply to other consumers; or

(c) connects substantial increased load without first obtaining the consent of the supply authority.

[Regulation 272 inserted: Gazette 31 Oct 2006 p. 4601‑2.]

[273. Deleted: Gazette 31 Oct 2006 p. 4602.]

274. Consumer’s liability for loss

The consumer shall be liable for loss by fire, damage, or theft of the meters or other apparatus hired from or loaned by the network operator on the consumer’s premises, or which may be on the consumer’s premises in connection with the supply of electricity to the consumer.

[Regulation 274 amended: Gazette 31 Oct 2006 p. 4602.]

[275. Deleted: Gazette 31 Oct 2006 p. 4602.]

276. Alteration to system

The supply authority shall not make any material alteration to the system of supply until reasonable notice has been given to the consumer and then only after the proposal has been approved by the Director.

[Regulation 276 amended: Gazette 23 Dec 1994 p. 7125; 31 Oct 2006 p. 4602.]

[277. Deleted: Gazette 31 Oct 2006 p. 4602.]

[278. Disallowed: Gazette 1 Oct 1948 p. 2375.]

[279. Deleted: Gazette 31 Oct 2006 p. 4602.]

280. Charges for services

For any service rendered by the Director to a network operator, the Director may impose a reasonable charge (sufficient to cover labour, travelling and other expenses including overheads) for the service rendered.

[Regulation 280 inserted: Gazette 31 Oct 2006 p. 4602.]

Part IX — Vegetation control safety requirements

[Heading inserted: Gazette 27 Oct 2009 p. 4212.]

[281‑316. Deleted: Gazette 27 Oct 2009 p. 4212.]

316A. Vegetation control work near overhead power lines

(1A) In this regulation —

conductor includes any of the following —

(a) an active conductor;

(b) a neutral conductor;

(c) a catenary supported conductor;

(d) a neutral screened conductor;

(e) a stranded conductor (whether bundled or not) that is supported by insulators or purpose‑designed fittings so that it remains above the ground and is directly exposed to the weather;

overhead power lines means overhead lines for the transmission of electrical energy.

(1B) In this regulation —

(a) a reference to performing work includes a reference to assisting to perform work; and

(b) performing work in the course of employment is to be regarded as being for reward; and

(c) vegetation control work is performed within a danger zone if any part of the following comes within the danger zone at any time while the work is being performed —

(i) the vegetation;

(ii) the body of, or any tool, vehicle, or other equipment used by, a person performing the work.

(1) A person performing vegetation control work for reward shall not do so within the danger zone of overhead power lines unless exempted by subregulation (4).

(2) The danger zone of an overhead power line is anywhere that —

(a) is at the same height as, higher than, or not more than the specified distance lower than, the power line conductors; and

(b) is directly above or below, or not more than the specified distance to either side of, the power line conductors.

(3) The specified distance is —

(a) 3 m for an overhead power line carrying electricity at a nominal voltage of not more than 33 000 volts; and

(b) 6 m for an overhead power line carrying electricity at a nominal voltage of more than 33 000 volts.

(4) A person is exempt from subregulation (1) if —

(a) the person —

(i) has been trained in electrical linework to the satisfaction of the Director; or

(ii) has been trained in vegetation control work by a person or training authority approved by the Director by notice published in the Gazette;

and

(b) the work is carried out in accordance with —

(i) the electrical safety requirements described in the Code of Practice for Personnel Electrical Safety for Vegetation Control Work Near Live Powerlines issued by the Director (as from time to time amended and for the time being in force); or

(ii) such other safety requirements as the Director has approved in writing.

[(5) deleted]

[Regulation 316A inserted: Gazette 30 Aug 1996 p. 4316‑17; 2 Oct 2018 p. 3791.]

[317‑319. Deleted: Gazette 27 Oct 2009 p. 4212.]

Part X — Approval of electrical appliances

[Heading inserted: Gazette 7 Sep 1955 p. 2143.]

[320. Deleted: Gazette 23 Dec 1994 p. 7128.]

321. Terms used

Unless inconsistent with the context or subject matter, the following terms shall for the purpose of this Part have the meanings given to them hereunder —

Act means the Electricity Act 1945;

appliances of the same class means appliances which come within the scope of the definition of a class of appliance included in any notice published by the Director in the Government Gazette pursuant to section 33B of the Act;

appliances of the same type means prescribed appliances of the same class which in the opinion of the Director are constructed to the same design and of corresponding materials;

applicant means a person who makes application for approval of an electrical appliance under these regulations or any person who has made application for approval of any electrical apparatus, appliance or fitting under the regulations repealed by these regulations and any person to whom a certificate of approval is transferred as provided for in regulation 329;

approvals marking means the mark, words, symbol or figures or all or any of them as the case may be shown on the certificate of approval of an approved electrical appliance;

approved in relation to an electrical appliance means approved —

(a) by the State Energy Commission, prior to the coming into operation of section 6 of the Energy Corporations (Transitional and Consequential Provisions) Act 1994; or

(b) thereafter, by the Director,

for the purposes of the Act;

duly constituted authority in another State of the Commonwealth means —

(a) the Department of Mines and Energy, Queensland; or

(b) the Department of Energy, New South Wales; or

(c) the Office of the Chief Electrical Inspector, Victoria; or

(d) the Office of Energy Policy, South Australia; or

(e) the Hydro Electric Corporation of Tasmania; or

(f) the Department of Urban Services, Australian Capital Territory;

published specification means the relevant Approval and Test Specification published by Standards Australia and which is that relating to prescribed appliances which are prescribed in a notification published in the Gazette by direction of the Director by reference to the following —

(a) the classification letters, numbers, month (if any) and year of publication or title of Approval and Test Specifications published by Standards Australia;

(b) any amendment of the Approval and Test Specifications published by Standards Australia;

(c) any part of the Approval and Test Specifications or any amendment thereof published by Standards Australia.

[Regulation 321 inserted: Gazette 7 Sep 1955 p. 2144; amended: Gazette 22 May 1987 p. 2189; 23 Dec 1994 p. 7128‑9; 23 May 1997 p. 2418; 2 Oct 2018 p. 3791.]

322. Application for approval

(1) An application for approval of an electrical appliance is to be made to the Director, in writing in a form approved by the Director.

(1a) An applicant must give to the Director, with the application or when subsequently requested, such samples of, and information (including drawings, photographs and labels) relating to, the electrical appliance as the Director may require.

(2) Notwithstanding the requirements of subregulation (1), if an appliance of the same type is approved, within the meaning of the Act, by a duly constituted authority in another State of the Commonwealth, the provisions of regulation 326(1) shall apply and an application for approval need not be made, in respect of that appliance.

(3) To each electrical appliance delivered to the Director pursuant to this regulation the applicant or his agent shall attach or affix a label bearing the signature of the applicant or his agent and showing in legible writing —

(a) the name in full of the applicant;

(b) the date of application to the Director for the approval of the electrical appliance;

(c) the designation of the class of electrical appliance under which it is prescribed;

(d) the type and description of the electrical appliance;

(e) the manufacturer’s catalogue number, type number, or other means of distinguishing the type of electrical appliance,

and shall also deliver with that appliance the original of a test report, from a test laboratory or facility recognised by the Director for the purpose of these regulations, containing references as to the compliance of that appliance with all relevant provisions of a specification published in respect to the appliance and acceptable to the Director.

(4) There shall be payable in respect of any application for an approval under this regulation —

(a) a fee of such amount as is determined by the Director having regard to the cost and nature of the type of investigation, examination and other action necessary prior to the issue, or refusal, of approval; and

(b) such other expenses related to that application as the Director may certify to have been incurred,

by the applicant to the Director, within 30 days of demand by the Director.

[Regulation 322 inserted: Gazette 7 Sep 1955 p. 2145; amended: Gazette 22 Dec 1964 p. 4081; 23 Dec 1994 p. 7125 and 7129‑30; 23 May 1997 p. 2418.]

323. Further testing of electrical appliances approved

(1) The Director, at any time, may —

(a) direct the holder of an approval certificate to make available for examination or testing, or both, electrical appliances of the class or type to which that approval relates; and

(b) arrange for another or further examination or testing, or both, of those appliances,

for the purpose of determining the electrical safety of that class or type of appliance or its compliance with an applicable specification or Australian Standard.

(2) The holder of the certificate shall be responsible —

(a) for submitting the appliance to any examination, or testing, or both, required for the purpose of ascertaining compliance with relevant provisions of the specification applicable in respect of the appliance; and

(b) for the arrangements required by the Director, at a test laboratory or facility recognised by the Director, in respect of that examination or testing; and

(c) for ascertaining what, if any, specification in respect to the appliance is acceptable to the Director and applicable for the purpose of these regulations; and

(d) for the submission of evidence, additional to, or in verification of, the test report, if so required by the Director, as to the performance and suitability of the appliance.

(3) A direction under subregulation (1) shall be given in writing and specify —

(a) the period, being not less than 1 month, within which the appliances are to be made available; and

(b) the place to which the appliances are to be delivered.

(4) If an electrical appliance is found not to be in accordance with the approval previously given there shall be payable in respect of testing under this regulation —

(a) a fee of such amount as is determined by the Director having regard to the cost and nature of the testing; and

(b) such other expenses related to that testing as the Director may certify to have been incurred,

by the holder of the approval certificate to the Director, within 30 days of demand by the Director.

[Regulation 323 inserted: Gazette 23 Dec 1994 p. 7130‑1.]

[324, 325. Deleted: Gazette 23 Dec 1994 p. 7130.]

326. Certificate of approval

(1) Approval of an electrical appliance may be granted by the Director —

(a) by issuing to the applicant a certificate, signed by the Director, that the approval has been granted; or

(b) without the issue of a certificate of approval, where a duly constituted authority in another State of the Commonwealth has issued any such certificate, and in that event the form of approval of that authority shall be deemed to be a certificate of approval issued by the Director under the provisions of these regulations.

(2) Approval of an electrical appliance may be granted unconditionally or may at the discretion of the Director be granted on and subject to conditions requiring warning to be given to persons using or purchasing or hiring the electrical appliance of precautions to be observed in the use of the electrical appliance or as to other matters tending to safety in the use of the electrical appliance. The conditions shall be endorsed on the certificate of approval.

(3) No person shall sell, hire, expose for sale or hire or advertise for sale or hire, an electrical appliance so as not to comply with any conditions specified on the certificate of approval issued by the Director in respect of that electrical appliance.

(4) The issue of a certificate of approval in respect of an electrical appliance shall not authorise any person to use, sell, hire or expose for sale or hire or connect or install the electrical appliance for use in any place or in any manner —

(a) forbidden by the Act or any regulations or by‑laws made thereunder; or

(b) for which the consent of the network operator is required.

(5) No electrical appliance shall be, or be deemed to be approved at any time when —

(a) a certificate of approval has not been issued for the electrical appliance; or

(b) the approval of the electrical appliance has been withdrawn; or

(c) it does not comply in full with every term, provision or condition endorsed upon the certificate of approval thereof given by the Director in respect of the electrical appliance.

(6) No person shall, in connection with an electrical appliance which has not been approved, represent that such electrical appliance has been approved or shall be approved or that the electrical appliance complies with the requirements of the Director for the purpose of this Part.

(7) A certificate of approval, at all times, shall —

(a) remain the property of the Director; and

(b) be made available, upon request, for inspection by an inspector.

(8) A certificate of approval —

(a) has effect for such period, not exceeding 5 years, as is determined by the Director and endorsed on the certificate of approval; and

(b) cannot be renewed.

[Regulation 326 inserted: Gazette 7 Sep 1955 p. 2146‑7; amended: Gazette 22 Dec 1964 p. 4081; 23 Dec 1994 p. 7125 and 7131; 31 Oct 2006 p. 4602; 31 Dec 2010 p. 6888; 5 Jan 2016 p. 3.]

327. Stamping and labelling of approved electrical appliances

(1) No person shall sell, hire or expose for sale or hire or advertise for sale or hire or cause to be sold or hired or exposed for sale or hire or advertised for sale or hire any electrical appliance for which a certificate of approval has been issued unless the electrical appliance is permanently and clearly stamped or labelled with the mark, words, symbols or figures or all or any of them as the case may be shown as the approvals marking on the certificate of approval of the electrical appliance. For the purpose of these regulations an electrical appliance shall be deemed to have been stamped if the approvals marking is moulded, embossed, engraved, incised or indented or otherwise permanently marked on the electrical appliance to the satisfaction of the Director.

(2) If in the opinion of the Director as notified on the certificate of approval of an electrical appliance, the electrical appliance is too small to be stamped in compliance with subregulation (1) or for any other sufficient reason should not be so stamped, the electrical appliance shall be deemed to comply with this regulation if it is packed by the manufacturer or applicant in a container or wrapping marked, or to which container or wrapping is affixed, a label marked with —

(a) the approvals marking on the certificate of approval issued for the electrical appliance; and

(b) the nature of the electrical appliance.

(3) An applicant to whom has been issued a certificate of approval endorsed with any conditions as set out in regulation 326 shall clearly label the electrical appliance for which the certificate of approval was issued with a label setting out the conditions under which the certificate was issued.

(4) No person shall sell or hire or expose for sale or hire any electrical appliance which has been approved on conditions in accordance with regulation 326(2) unless the person adequately notifies the purchaser or hirer of the conditions.

(5) In respect of an electrical appliance which has not been approved under these regulations, no person shall whilst the appliance remains unapproved —

(a) stamp or label or cause or permit to be stamped or labelled the appliance; or

(b) place or cause or permit the appliance to be placed in any container or wrapping which is stamped or labelled or marked; or

(c) affix or attach or cause or permit to be affixed or attached to the container or wrapping of the appliance a label which is stamped or marked,

with a marking similar to, or so nearly resembling, a marking authorised by the Director as an approvals marking as to be likely to deceive.

[Regulation 327 inserted: Gazette 7 Sep 1955 p. 2147‑8; amended: Gazette 23 Dec 1994 p. 7125.]

328. Modification of design or construction

(1) A person to whom has been issued a certificate of approval in respect of an electrical appliance may, if the Director in writing so approves, alter the design, materials or construction of the electrical appliance in any particular, but the approval shall be given only after examination of a sample or samples of the altered electrical appliance. The Director shall cause to be endorsed on the relevant certificate of approval particulars of the alteration or alterations so approved and thereupon the electrical appliance so altered shall be approved and shall be deemed to be the approved electrical appliance to which that certificate relates. The applicant shall pay to the Director any fees demanded by the Director for any examination under this regulation and, where the Director determines that any testing may be required as a result of any alteration in design, materials or construction, the cost of that testing shall also be paid for by the applicant.

(2) If the Director does not approve the alteration of the electrical appliance in any particular the Director shall so notify in writing the person applying for the approval.

(3) No person shall sell or hire or expose for sale or hire or advertise for sale or hire any electrical appliance purporting to be identical with or similar to an electrical appliance for which a certificate of approval has been issued, but which in the opinion of the Director is not identical with or similar to the approved electrical appliance by reason of change of design, materials or construction.

[Regulation 328 inserted: Gazette 7 Sep 1955 p. 2148; amended: Gazette 23 Dec 1994 p. 7125 and 7131.]

329. Transfer of certificate of approval

(1) When an applicant to whom a certificate of approval of an electrical appliance has been issued, disposes of his business or that part of the business to which that certificate of approval is relevant, the applicant may apply in writing to the Director to have the certificate of approval of the electrical appliance transferred to the person to whom the business or portion of the business has been disposed. Every such application shall be countersigned by the person to whom the business or portion of the business has been disposed and shall be accompanied by the prescribed fee.

(2) The Director may, if the Director approves of an application made under subregulation (1), transfer the certificate of approval to the person to whom the business or portion of the business has been disposed.

(3) From the date of the transfer the person to whom the certificate of approval has been transferred shall, in respect of the certificate of approval be entitled to all rights and privileges under and be responsible for all liabilities, responsibilities, duties and penalties under these regulations in the same manner as the original applicant.

[Regulation 329 inserted: Gazette 7 Sep 1955 p. 2148; amended: Gazette 23 Dec 1994 p. 7125 and 7131.]

330. Lost or destroyed certificates of approval

If any certificate of approval issued by the Director is lost, stolen, destroyed, mutilated or defaced, a duplicate certificate of approval may be issued by the Director upon proof to the Director’s satisfaction of the loss, theft or destruction or upon surrender of the mutilated or defaced certificate of approval and on payment of the prescribed fee.

[Regulation 330 inserted: Gazette 7 Sep 1955 p. 2149; amended: Gazette 23 Dec 1994 p. 7125 and 7131; 20 Mar 2007 p. 1038.]

331. Delegation by Director

(1) The Director may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Director, delegate to a person authorised by the Director the power of making any assessment, examination or test for the purposes of this Part, or of granting or refusing to grant any approval under this Part.

(2) A person on whom power is conferred under subregulation (1) may exercise a discretion whether or not to treat as acceptable any non‑compliance with the detail of a technical standard or specification, subject to —

(a) compliance with all requirements where safety is an issue; and

(b) the approval of the Director having first been obtained to the exercise of that discretion in a matter of that kind.

(3) Subject to subregulation (2), a person on whom power is conferred under subsection (1) may exercise discretion to grant dispensation, for a period specified in writing with the prior approval of the Director, to an applicant with regard to any requirement of, or under, these regulations, and any such dispensation may be made subject to such conditions, qualifications, limitations or exceptions as are specified in the instrument of dispensation.

[Regulation 331 inserted: Gazette 23 Dec 1994 p. 7132.]

332. Refusal or withdrawal of approval

(1) Without in any way limiting the power of the Director to grant approval of any electrical appliance the Director may refuse to grant approval to any application made under this Part —

(a) if any specification, drawing, photograph, label or other information delivered to the Director in accordance with this Part is found to be misleading;

(b) if the applicant shall fail or refuse to submit either for examination for testing or both the sample or samples of the electrical appliance as required under this Part;

(c) if an electrical appliance of the same type or of the same class for which approval is sought when examined and tested in accordance with the provisions of the relevant published specifications, fails to comply with the published specifications;

(d) if in the opinion of the Director the electrical appliance for which approval is sought is dangerous or is likely to be or to become dangerous in normal use;

(e) if in the opinion of the Director representations are made by the applicant or advertisements are employed by the applicant in connection with the selling or hiring of electrical appliances of that type or class for which approval is sought which would mislead as to the significance of approval or the use for which approval may be granted.

(2) The Director may withdraw approval already granted in respect of any electrical appliance whether the approval was granted under this Part or under the regulations repealed by this Part —

(a) if an electrical appliance of the same class or of the same type for which approval has been granted is, when examined and tested in accordance with the provision of the relevant specifications, found at any time not to conform to the published specifications;

(b) if in the opinion of the Director the electrical appliance for which approval has been granted is dangerous or is likely to be or to become dangerous in normal use;

(c) if the applicant shall at any time fail or refuse to submit either for examination or testing or both the sample or samples of the electrical appliance as required under this Part;

(d) if the applicant shall at any time fail or refuse to supply particulars required under this Part;

(e) if in the opinion of the Director representations are made by the applicant or advertisements are employed by the applicant in connection with the selling or hiring of electrical appliances of the type or class for which approval has been granted which would mislead as to the significance of approval or the use for which approval is granted;

(f) if any information delivered to the Director pursuant to this Part is found to be false or misleading;

(g) if the applicant has been convicted by a Court of competent jurisdiction for a contravention or a breach of the Act or of this Part;

(h) if the certificate of approval granted in the State where the electrical appliance was originally approved is withdrawn by the duly constituted authority of that State;

(i) if the applicant so requests.

[Regulation 332 inserted: Gazette 7 Sep 1955 p. 2149‑50; amended: Gazette 23 Dec 1994 p. 7125; 23 May 1997 p. 2418.]

333. Notification of withdrawal of approval

(1) When the Director withdraws approval of an electrical appliance otherwise than at the request of the applicant, the Director shall advertise in the Government Gazette notice of the withdrawal of approval, therein specifying the name of the applicant, the class or type of electrical appliance, the date of the certificate of approval, the approvals marking (if any) thereon referred to and the date on or from which the withdrawal of approval is to take effect. The Director shall send to the applicant by prepaid post at the address of the applicant recorded in the Register of Approved Electrical Appliances a copy of that notice, and after the date specified in the notice as the date on or from which withdrawal of approval is to take effect, no person shall —

(a) sell or hire or expose for sale or hire or advertise for sale or hire an electrical appliance in respect of which the certificate of approval was withdrawn; or

(b) stamp or label any electrical appliance with the approvals marking referred to on the certificate of approval issued in respect of the electrical appliance the approval to which was withdrawn.

(2) The applicant shall within 14 days of the despatch by the Director of the notice referred to in subregulation (1) return to the Director, the certificate of approval in respect of the electrical appliance referred to in the notice.

[Regulation 333 inserted: Gazette 7 Sep 1955 p. 2150; amended: Gazette 23 Dec 1994 p. 7125; 23 May 1997 p. 2418.]

334. Deferment of approval

The Director may at discretion defer any decision as to the approval or non‑approval of any application under this Part.

[Regulation 334 inserted: Gazette 7 Sep 1955 p. 2150; amended: Gazette 23 Dec 1994 p. 7125 and 7132.]

335. Purchase of electrical appliances for inspection

The Director may purchase an electrical appliance from any person dealing in electrical appliances. Any person (hereinafter referred to as the dealer) who deals whether by wholesale, retail or otherwise in any electrical appliance shall, when requested so to do by a person who is an employee within the meaning of the Public Sector Management Act 1994 and who is authorised to make the request on behalf of the Director, sell to the Director any electrical appliance sought to be purchased by the officer on behalf of the Director for the same price as the dealer charges other purchasers for the electrical appliance and, if the price cannot be identified, for a fair price. The officer shall at the time of the purchase and before carrying away the electrical appliance inform the dealer or his servant or agent, that he is purchasing the electrical appliance on behalf of the Director for the purpose of these regulations and shall if required by the dealer produce evidence of his authority and shall affix to the electrical appliance or (as the case requires) its container —

(a) a label showing in legible writing —

(i) the name and address of the dealer;

(ii) the date of purchase as aforesaid;

(iii) the nature of the electrical appliance;

(iv) if the electrical appliance is of a class or type that is prescribed, the designation of the class or type under which it is prescribed;

(v) the type of flexible cord (if any) supplied with or sold for use with the electrical appliance purchased;

(vi) the signature of the authorised officer;

and

(b) any pamphlet, leaflet, or other writing descriptive of the electrical appliance or instructions for use thereof supplied with the electrical appliance so purchased; and

(c) the receipt of the dealer (or his servant or agent) for the money paid for the electrical appliance so purchased,

and the dealer shall if he is then or thereafter requested by the authorised officer forthwith inform the officer when and from whom he obtained the electrical appliance so purchased and shall produce for inspection by the authorised officer all vouchers, invoices or accounts in his possession showing when and from whom the dealer obtained the electrical appliance.

[Regulation 335 inserted: Gazette 7 Sep 1955 p. 2150‑1; amended: Gazette 23 Dec 1994 p. 7132.]

336. Obstruction of officers

(1) No person shall in any way obstruct, hinder, interfere with or aid or abet, encourage, invite or instruct any person to obstruct, hinder or interfere with any authorised officer exercising any powers conferred under these regulations.

(2) No person shall give any false information either verbally or in writing to the Director, or to any other person who is authorised by the Director to perform any function under these regulations, in relation to an electrical appliance or its sale or hire or exposure for sale or hire or as to its marking or labelling, or as to the marking or labelling of any container or wrapping in which it is sold or hired or exposed for sale or hire.

[Regulation 336 inserted: Gazette 7 Sep 1955 p. 2151; amended: Gazette 23 Dec 1994 p. 7125 and 7132.]

337. Register of Prescribed Electrical Appliances and Register of Approved Electrical Appliances

(1) The Director shall cause to be kept —

(a) a register to be called the “Register of Prescribed Electrical Appliances” setting out a list of the classes and types of electrical appliances prescribed by notice in the Gazette and a reference to the date of the Gazette in which such list was published;

(b) a register to be called the “Register of Approved Electrical Appliances” containing the following information in respect to each class or type of electrical appliance approved by the Director —

(i) particulars of the electrical appliance;

(ii) the marking required by these regulations;

(iii) all conditions imposed by the Director upon approval;

(iv) the purpose or purposes for which approval has been given;

(v) the date of approval;

(vi) the name (in full), place of abode and place of business of the applicant;

(vii) particulars of approved modifications of design, materials or construction (if any);

(viii) such further or other particulars as the Director may from time to time think fit.

(2) A person upon payment of the prescribed fee or fees may —

(a) inspect the registers during the normal business hours of the Director;

(b) obtain certified copies of entries in the registers.

[Regulation 337 inserted: Gazette 7 Sep 1955 p. 2151; amended: Gazette 23 Dec 1994 p. 7125.]

338. Change of address

An applicant who changes his address after the issue to him of a certificate of approval shall within one (1) month of changing his address give notice to the Director of his new address.

[Regulation 338 inserted: Gazette 7 Sep 1955 p. 2152; amended: Gazette 23 Dec 1994 p. 7125.]

[339. Deleted: Gazette 23 Dec 1994 p. 7133.]

Part XI — Penalties and enforcement

[Heading inserted: Gazette 23 Dec 1994 p. 7133; amended: Gazette 20 Mar 2007 p. 1038.]

340. Penalties

A person who, either by act or omission, contravenes these regulations commits an offence.

Penalty: In the case of an individual — a fine of $50 000.
In the case of a body corporate — a fine of $250 000.

[Regulation 340 inserted: Gazette 23 May 1997 p. 2419; amended: Gazette 27 Oct 2009 p. 4213.]

341. Proceedings

All proceedings in respect of penalties or forfeitures may be taken in the name of any person authorised in that behalf by the Director.

[Regulation 341 inserted: Gazette 7 Sep 1955 p. 2152; amended: Gazette 23 Dec 1994 p. 7125.]

342. Prescribed offences and modified penalties

(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under Part 2 of the Criminal Procedure Act 2004.

(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of section 5(3) of the Criminal Procedure Act 2004.

[Regulation 342 inserted: Gazette 20 Mar 2007 p. 1039.]

343. Authorised officers and approved officers

(1) The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of Part 2 of the Criminal Procedure Act 2004.

(2) The Director is to issue to each authorised officer a certificate of his or her appointment.

[Regulation 343 inserted: Gazette 20 Mar 2007 p. 1039.]

344. Forms

The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.

[Regulation 344 inserted: Gazette 20 Mar 2007 p. 1039.]

Schedule 1 — Prescribed offences and modified penalties

[r. 342]

[Heading inserted: Gazette 31 Dec 2010 p. 6888.]

Table 1 — Electricity Act 1945 offences

Table 2 — Electricity Regulations 1947 offences

Table 3 — Electricity (Licensing) Regulations 1991 offences

Table 4 — Electricity (Network Safety) Regulations 2015 offences

[Schedule 1 inserted: Gazette 31 Dec 2010 p. 6888-92; amended: Gazette 13 Apr 2012 p. 1649‑51; 14 Apr 2015 p. 1324; 5 Aug 2015 p. 3185-6; 2 Oct 2018 p. 3792; SL 2022/36 r. 19; SL 2024/211 r. 7.]

Schedule 2 — Forms

[r. 344]

[Heading inserted: Gazette 20 Mar 2007 p. 1042.]

Form 1 — Infringement notice

• Electricity Act 1945Infringement notice Infringement notice no.
• Alleged offender Name: Family name
• Given names
• or Company name
• ACN
• Address
• Postcode
• Alleged offence Description of offence
• Electricity Act 1945 s. Electricity Regulations 1947 r. Electricity (Licensing) Regulations 1991 r. Electricity (Network Safety) Regulations 2015 r.
• Date / /20 Time a.m./p.m.
• Modified penalty $
• Officer issuing notice Name
• Signature
• Office
• Date Date of notice / /20
• Notice to alleged offender It is alleged that you have committed the above offence.If you do not want to be prosecuted in court for the offence, pay the modified penalty within 28 days after the date of this notice.
• By post: Send a cheque or money order (payable to ‘Director of Energy Safety’) to: Director of Energy Safety [Address] In person: Pay the cashier at: Energy Safety [Address]
• If you do not pay the modified penalty within 28 days, you may be prosecuted or enforcement action may be taken under the Fines, Penalties and Infringement Notices Enforcement Act 1994. Under that Act, some or all of the following action may be taken — your driver’s licence may be suspended, your vehicle licence may be suspended or cancelled, you may be disqualified from holding or obtaining a driver’s licence or vehicle licence, your vehicle may be immobilised or have its number plates removed, your details may be published on a website, your earnings or bank accounts may be garnished, and your property may be seized and sold.If you need more time to pay the modified penalty, you can apply for an extension of time by writing to the Director of Energy Safety at the above address.
• If you want this matter to be dealt with by prosecution in court, tick this box ❑ and post this notice to the Director of Energy Safety at the above address within 28 days after the date of this notice.

[Form 1 inserted: Gazette 20 Mar 2007 p. 1042; amended: Gazette 20 Aug 2013 p. 3829; 5 Aug 2015 p. 3186; SL 2020/163 r. 22.]

**Form 2 — Withdrawal of infringement notice**

• Electricity Act 1945Withdrawal of infringement notice Withdrawal no.
• Alleged offender Name: Family name
• Given names
• or Company name
• ACN
• Address
• Postcode
• Infringement notice Infringement notice no.
• Date of issue / /20
• Alleged offence Description of offence
• Electricity Act 1945 s. Electricity Regulations 1947 r. Electricity (Licensing) Regulations 1991 r. Electricity (Network Safety) Regulations 2015 r.
• Date / /20 Time a.m./p.m.
• Officer withdrawing notice Name
• Signature
• Office
• Date Date of withdrawal / /20
• Withdrawal of infringement notice*[delete whichever is not applicable] The above infringement notice issued against you has been withdrawn. If you have already paid the modified penalty for the alleged offence you are entitled to a refund.* Your refund is enclosed.or* If you have paid the modified penalty but a refund is not enclosed, to claim your refund sign this notice and post it to:Director of Energy Safety *[Address]*Signature / /20

[Form 2 inserted: Gazette 20 Mar 2007 p. 1043; amended: Gazette 5 Aug 2015 p. 3186.]

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Notes

This is a compilation of the Electricity Regulations 1947 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Other notes

1 The Electricity (Licensing) Regulations 1991 r. 49 commenced 1 Nov 1991.

2 Footnote no longer applicable.

3 Now known as the Electricity Regulations 1947; citation changed (see note under r. 1).

4 Regulations 180 and 278 disallowed on 24 Sep 1947, see Gazette 5 Dec 1947 p. 2209.

Regulations 113, 117‑19, 123, 124, 129‑32, 138, 139 and 142 disallowed on 14 Oct 1947, see Gazette 5 Dec 1947 p. 2209.

5 The amendments to regulations 71, 80, 86 and 104 disallowed on 21 Sep 1948, see Gazette 25 Feb 1949 p. 340.

Regulations 113, 117‑19, 123, 124, 129‑32, 138, 139 and 142 disallowed on 21 Sep 1948, see Gazette 25 Feb 1949 p. 340.

Regulation 278 disallowed on 22 Sep 1948, see Gazette 1 Oct 1948 p. 2375 and 25 Feb 1949 p. 340.

6 The commencement date of 1 Jun 1979 that was specified was before the date of gazettal.

7 The headings before r. 238‑277, 279 and 321‑341 were deleted by the Electricity Amendment Regulations 2000, see Gazette 30 May 2000 p. 2571‑2.

8 The amendment in the Electricity Amendment Regulations (No. 2) 2007 r. 3 is not included because the regulation it sought to amend had been deleted before the amendment purported to come into operation.

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

Act 321

active conductor 2

appliance 2

appliances of the same class 321

appliances of the same type 321

applicant 321

approvals marking 321

approved 321

building permit 12

common property 12

conductor 2, 316A(1A)

duly constituted authority in another State of the Commonwealth 321

electrical equipment 2

final subcircuit 12A(1)

fuse 241(1)

inspection plan 242(1A)

network 241(2)

network operator 241(1), (3)

neutral conductor 2

new owner 12

notice of completion 242(1A)

notice of intended demolition 12

occupied by an owner 12

overhead power lines 316A(1A)

post-transfer period, 15A(1)

premises 12

prior owner 12

properly installed 12

published specification 321

residential premises 12

residential tenancy agreement 12

residual current device 12

short-term rental accommodation 12

transferred residential premises 12