Div 1ATechnical Regulator to publish emergency standards

Division 1A—Technical Regulator to publish emergency standards 55H—Technical Regulator to publish emergency standards (1) The Technical Regulator may prepare and publish technical and operational standards that must be applied so that electricity infrastructure and electrical installations are installed, maintained and operated in a manner that facilitates the taking of effective emergency action (emergency standards). (2) Without limiting subregulation (1), emergency standards may— (a) specify requirements and standards for electricity infrastructure and electrical installations, including in relation to the nature or operation of such infrastructure or installations; and (b) provide for monitoring and enforcing compliance with the emergency standards, including by specifying requirements relating to— (i) activities a relevant entity must undertake in order to comply with the emergency standards (including timeframes for completion of such activities); and (ii) reporting by a relevant entity on the implementation or performance of activities for the purposes of complying with the emergency standards; and (c) provide for the Technical Regulator to determine— (i) that activities undertaken by a relevant entity comply with a provision of the emergency standards, including activities commenced or completed before the commencement of the provision; and (ii) that activities undertaken by a relevant entity were undertaken solely for the purposes of compliance with a provision of the emergency standards and, in the case of activities commenced or completed before the commencement of the provision, that such activities will be treated as having been undertaken after that commencement. (3) The provisions of the emergency standards may be of general, limited or varied application according to— (a) the class of relevant entity; or (b) the circumstances; or (c) any other specified factor, to which the provision is expressed to apply. (4) A relevant entity must— (a) comply with the provisions of the emergency standards applying to the entity; and (b) provide, in accordance with any requirements of the emergency standards, information and assistance to the Technical Regulator for the purpose of preparing and maintaining the emergency standards. (5) The Commission— (a) is required to impose a condition on a relevant licence that the licence holder comply with the requirements in subregulation (4), in accordance with section 21(2) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence); and (b) is to vary conditions of a relevant licence to ensure that the licence holder comply with the requirements in subregulation (4), in accordance with section 27(1) of the Act (so that a failure to do so will constitute a contravention of a condition of the licence). (6) The Technical Regulator may vary or substitute the emergency standards. (7) The Technical Regulator must, before publishing the emergency standards, undertake consultation (in such manner as the Technical Regulator thinks fit) with AEMO on the emergency standards, including on whether the emergency standards are necessary, whether the content of the standards is appropriate in that context and whether the emergency standards are consistent with the national electricity objective. (8) Without limiting subregulation (7), the Technical Regulator must, before publishing, varying or substituting the emergency standards, undertake consultation (in such manner as the Technical Regulator thinks fit) with persons or bodies that the Technical Regulator is satisfied represent the interests of relevant entities affected by the emergency standards, variation or substituted emergency standards. (9) In this regulation— emergency action means action (whether by the Minister, AEMO or any other person or body) for the purposes of preventing or responding to significant disruptions (or risks of significant disruptions) to the supply of electricity to part of or all of South Australia; emergency standards—see subregulation (1); national electricity objective has the same meaning as in the National Electricity (South Australia) Law; relevant entity means the holder of a relevant licence or a person exempted from the requirement to hold such a licence; relevant licence means any of the following licences under the Act: (a) a licence authorising the generation of electricity; (b) a licence authorising the operation of a transmission or distribution network; (c) a licence authorising system control over a power system. Division 2—Certain electrical installation work 56—Certain electrical installation work and electronic certificates of compliance (1) The following provisions apply for the purposes of section 61(1) of the Act: (a) work on an electrical installation or proposed electrical installation that is work of any kind referred to in AS/NZS 3000 or another Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000 must be carried out, and the installation must be examined and tested— (i) in accordance with AS/NZS 3000 and any Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000 and so that the installation complies with any other technical and safety requirements under these regulations; and (ii) in accordance with the technical installation rules of the operator of the distribution network to which the installation is or is to be connected; (ab) the results of any examinations and testing conducted in accordance with paragraph (a) must be recorded on an electronic certificate of compliance issued by a registered electrical worker; (b) subject to subregulation (1a)— (i) if an electronic certificate of compliance is issued by a registered electrical worker who is an employed worker— (A) the registered electrical worker must, before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57 and issue the certificate to— • the contractor; or • the contractor's duly authorised agent; and (B) the contractor or the contractor's duly authorised agent (as the case may be), if satisfied that the work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1), must— • complete the electronic certificate of compliance; and • within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to the Technical Regulator and the owner or operator of the installation; or (ii) if an electronic certificate of compliance is issued by a registered electrical worker other than under subparagraph (i), the registered electrical worker must— (A) before the electrical installation is made available for energisation, complete the electronic certificate of compliance to the extent required by the Technical Regulator under regulation 57; and (B) within 30 days after the electrical installation was made available for energisation, provide the electronic certificate of compliance to— • the Technical Regulator; and • the owner or operator of the installation; (d) if the work is associated with the making of a connection to a transmission or distribution network, the electronic certificate of compliance (completed in accordance with paragraph (b)) must be furnished to the operator of the network before the energisation of the work or a part of the work; (e) if the work was, or examinations and tests were, carried out on behalf of the owner or occupier of the premises concerned (whether under a contract or arrangement made directly between the owner or occupier and the person to whom section 61(1) of the Act applies, under a subcontract or otherwise), the electronic certificate of compliance (completed in accordance with paragraph (b)) must be furnished to the owner or occupier within 30 days after the installation was made available for energisation; (f) the electronic certificate of compliance (completed in accordance with paragraphs (b) and (c)) must be stored at the business premises of the person to whom section 61(1) of the Act applies or, if that person does not have business premises, at that person's residence for at least 5 years after the installation was made available for energisation. (1a) Despite subregulations (1) and (2), a designated registered electrical worker must issue a hard copy certificate of compliance approved by the Technical Regulator that certifies that work or examinations and tests have been carried out in accordance with the standards and requirements referred to in subregulation (1) for the purposes of this regulation in accordance with any requirements of the Technical Regulator under regulation 57. (1b) Despite subregulation (1)(b), a registered electrical worker— (a) is not required to complete, or complete and issue, (as the case requires) an electronic certificate of compliance before an electrical installation is made available for energisation if it is not reasonably practicable to do so (for example, because the worker's electronic device cannot connect to a telecommunications network in the relevant location); but (b) must instead complete, or complete and issue, (as the case requires) the electronic certificate of compliance as soon as is reasonably practicable after the electrical installation is made available for energisation. (2) An electronic certificate of compliance may not be relied on by an owner or operator of an electrical installation under section 60(2) of the Act if the certificate has been issued in relation to the installation by a registered electrical worker who is an employee of the owner or occupier. 57—Electronic certificates of compliance—Technical Regulator may publish requirements etc (1) The Technical Regulator may prepare and publish requirements relating to electronic certificates of compliance under this Part. (2) Requirements prepared and published under subregulation (1) may include— (a) requirements as to the use of the official format for electronic certificates of compliance determined by the Technical Regulator; and (b) requirements as to the issuing, providing and certifying of electronic certificates of compliance, including as to the electronic provision of certificates; and (c) other requirements determined by the Technical Regulator. (3) In addition, the Technical Regulator may prepare and publish requirements relating to the hard copy certificates of compliance under this Part. (4) The Technical Regulator may exempt a person, or persons of a specified class, from a requirement under this regulation on conditions determined by the Technical Regulator. (5) For the purposes of the definition of designated employer in regulation 44F, the Technical Regulator may designate an employer as a designated employer for the purposes of this Part. (6) The Technical Regulator must maintain an up to date list of designated employers on a website determined by the Technical Regulator. 58—Prescribed work (section 61(4)) (1) For the purposes of section 61(4) of the Act, work of a kind referred to in AS/NZS 3000 or any other Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000 is prescribed. (2) For the purposes of section 61(4) of the Act, work on an electrical installation or proposed electrical installation that is work of a kind prescribed by subregulation (1) must be carried out— (a) in accordance with AS/NZS 3000 and any other Australian Standard or Australian/New Zealand Standard called up by AS/NZS 3000; and (b) in accordance with the technical installation rules of the operator of the distribution network to which the installation is or is to be connected.