Electricity Industry Safety and Administration Act 1997
In ForceTAS
Jurisdiction
Tasmania
Act Number
72 of 1997
Collection
act
Plain English Summary
6/10 complexity
This Act sets out safety and administrative rules for electrical products, installations and infrastructure in Tasmania. It gives the Secretary powers to approve and mark electrical articles, require testing, order recalls or repairs, inspect premises, order disconnection or relocation of infrastructure, approve safety‑management schemes and impose fees and penalties. It affects manufacturers, sellers, electricity entities, owners/managers and scheme managers by creating compliance duties, inspection and enforcement risks, and potential costs for businesses and distributors.
This Act creates a framework for electrical safety regulation in Tasmania. It assigns the Secretary of the responsible Department (and delegates) powers to approve, inspect, require modification of, and where necessary remove from the market electrical articles, electrical infrastructure and electrical installations. It establishes criminal and civil enforcement tools (fines expressed in penalty units, seizure of goods, and directions to disconnect or stop practices), investigatory powers (entry, testing, seizure, questioning) and administrative mechanisms (approval processes, Gazetted notices, fees and exemptions). Key mechanics include:
Definitions and scope: the Act defines key terms including electrical article, electrical infrastructure, electrical installation, relevant Australian Standard (AS 4417.2 and substitutes) and serious electrical accident (s 3). Part 4 applies to electrical articles identified in the relevant Australian Standard or declared by the Secretary (s 47).
Approval, marking and sale controls: an electrical article to which Part 4 applies must be approved, marked and comply with relevant standards before sale in the course of business (ss 49-55). The Secretary may approve external authorities and accept external approvals (s 49). Marking rules and prohibitions on false representation are in s 50.
Recall and defect powers: the Secretary may require vendors to recall, repair, replace or compensate for defective electrical articles (s 57). Authorised officers can prohibit sale and seize goods (s 56).
Energy efficiency mandates: sale in the course of business of certain classes of electrical articles requires conformity with minimum energy efficiency standards and labelling as prescribed by regulation (ss 58-59).
Entry, inspection and emergency powers: authorised officers have powers to enter, inspect and test electrical infrastructure and installations (ss 63, 99). Warranted entry and urgent telephone applications for warrants are provided for (s 100). In an emergency an authorised officer may take any action necessary to protect life or property (s 70).
Current sections
Direct links to the current provisions in Electricity Industry Safety and Administration Act 1997.
electrical infrastructure means equipment, lines and wires for the generation, transmission or distribution of electricity and includes supporting and protective structures relating to such equipment, lines or wires;
electrical installation means a set of wires and associated fittings, equipment and accessories that is, or is to be, connected to a system for the transmission or distribution of electricity;
relevant Australian Standard for electrical articles means Australian Standard AS 4417.2 (as amended from time to time) and includes an Australian Standard substituted for that Standard;
representation means an express or implied representation;
(3) An authorised officer must, at the request of a person in relation to whom the authorised officer is exercising or proposing to exercise powers under this Act, produce the certificate of authority for inspection.
(a) to provide written answers to specified questions within a period specified in the notice; or
(b) to produce documents or other materials for examination at a time and place specified in the notice; or
(c) to appear for examination before an authorised officer at a nominated time and place for examination on a matter specified in the notice.
(2) A person who –
(a) without reasonable excuse fails to comply with a requirement under this section; or
(b) in response to such a requirement, knowingly gives information that is false or misleading or deliberately refrains from giving material information; or
(c) having been required to appear before an authorised officer for examination, fails to comply with reasonable requirements of the authorised officer –
is guilty of an offence.
Penalty: Fine not exceeding 50 penalty units.
11
Confidentiality
11 Confidentiality
A person who obtains information in carrying out functions related to the administration of this Act must not disclose the information unless the disclosure is made –
(a) in connection with the administration of this or another Act; or
(b) with the consent of the person to whom the information relates; or
(c) for the purposes of legal proceedings; or
(d) in accordance with a requirement or authority made or conferred by law.
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
(a) electrical articles of a kind specified in the relevant Australian Standard for electrical articles, or in a relevant appendix to that Standard; and
(b) [Section 50 Subsection (2) amended by No. 59 of 2009, s. 13, Applied:01 Jun 2010] make any form of representation to the effect that an electrical article is approved by the Secretary or an external authority, or from which it might reasonably be inferred that an article is approved by the Secretary or an external authority, if the article is not in fact so approved; or
(c) misuse a mark for indicating approval of an electrical article.
(ii) a report by the laboratory stating that the article has been tested and examined by reference to the relevant standard and stating the results of the tests and examination; and
A person must not in the course of a business sell an electrical article to which this Part applies unless –
(a) the article is approved as required under this Part; and
(b) the article is marked as required under this Part; and
(c) the article complies with the relevant standard for the article.
Penalty: Fine not exceeding 50 penalty units.
55
Sale of second-hand electrical articles
55 Sale of second-hand electrical articles
A person must not in the course of a business sell second-hand electrical articles unless a label is attached –
(a) warning that the article has not been tested to ensure that it can be safely operated; or
(b) certifying that the article has been tested by a competent person and has been found to be safe.
Penalty: Fine not exceeding 50 penalty units.
56
Prohibition of sale of electrical articles
56 Prohibition of sale of electrical articles
(1) If an authorised officer finds that electrical articles offered for sale are unsafe, or do not comply with the requirements of this Act, the authorised officer may, by written notice to the person who has the articles for sale, prohibit the sale of the articles.
(3) A person must not contravene a prohibition under this section.
Penalty: Fine not exceeding 50 penalty units.
(4) If a person contravenes a prohibition under this section, an authorised officer may seize and confiscate electrical articles subject to the prohibition in the possession of the person who contravened the prohibition.
(a) to recall electrical articles of the relevant description that they have sold; and
(b) [Section 57 Subsection (1) amended by No. 59 of 2009, s. 18, Applied:01 Jun 2010] to have the articles repaired so that they can be safely used or, if it is not economic to repair them, to replace them with similar electrical articles that are not defective or to compensate the purchasers on a basis stipulated by the Secretary.
(3) For the purposes of this section, an electrical article is defective if the article is, or is likely to become, unsafe in use.
(4) A person who fails to comply with a requirement under this section is guilty of an offence.
Penalty: Fine not exceeding 50 penalty units.
58
Compliance with minimum standards of energy efficiency
58 Compliance with minimum standards of energy efficiency
(1) A person must not, in the course of a business, sell an electrical article of a relevant class unless the article conforms to the relevant minimum standards of energy efficiency.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 200 penalty units; and
(b) an individual – a fine not exceeding 100 penalty units.
(2) For the purposes of this section –
(a) the relevant classes of electrical articles are those fixed by regulation for the purposes of this section; and
(b) a relevant minimum standard of energy efficiency for a particular electrical article is a minimum standard fixed by regulation in relation to electrical articles of the relevant class.
59
Certain articles to be marked to indicate energy efficiency
59 Certain articles to be marked to indicate energy efficiency
(1) A person must not, in the course of a business, sell an electrical article of a relevant class unless the article is marked or labelled in a form approved under the regulations, to indicate its energy efficiency.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 200 penalty units; and
(b) an individual – a fine not exceeding 100 penalty units.
(2) For the purposes of this section, the relevant classes of electrical articles are those fixed by regulation for the purposes of this section.
60
Notification of transfer of relevant business
60 Notification of transfer of relevant business
[Section 60 Amended by No. 59 of 2009, s. 19, Applied:01 Jun 2010] If a person, on whose application an electrical article has been approved under this Part, transfers the business for the purposes of which the article was approved to another person, the person must give the Secretary written notice of the transfer.
(2) A person must comply with an order under subsection (1) within the time allowed in the order.
Penalty: Fine not exceeding 50 penalty units.
66
Power to direct discontinuance of supply
66 Power to direct discontinuance of supply
(1) [Section 66 Subsection (1) amended by No. 59 of 2009, s. 24, Applied:01 Jun 2010] If the Secretary considers it necessary to do so for reasons of safety, the Secretary may, by written notice, direct an electricity entity to discontinue the supply of electricity to a particular electrical installation or a particular part of an electrical installation.
(2) An electricity entity must comply with a direction under this section.
(2) A person to whom a direction is given under this section must comply with the direction.
Penalty: Fine not exceeding 100 penalty units.
69
Power to make electrical infrastructure or installations safe
69 Power to make electrical infrastructure or installations safe
(1) If an authorised officer finds that electrical infrastructure or an electrical installation is unsafe, the authorised officer may –
(a) disconnect the infrastructure or installation, or require the person in charge of the infrastructure or installation to disconnect it, from a source of electricity; and
(b) require the person in charge of the installation to carry out the necessary work to make it safe before it is reconnected.
(2) A requirement is to be imposed under subsection (1) by written notice given to the person in charge of the electrical infrastructure or installation.
(3) A person in charge of electrical infrastructure or an electrical installation –
(a) must comply with a requirement under this section; and
(b) must not reconnect or permit the reconnection of the infrastructure or installation unless the work required by a notice under this section has been carried out or an authorised officer approves the reconnection.
Penalty: Fine not exceeding 100 penalty units.
70
Powers of authorised officer in an emergency
70 Powers of authorised officer in an emergency
(1) In an emergency, an authorised officer may take any action the authorised officer considers necessary to protect life or property.
(2) Without limiting the generality of subsection (1) , an authorised officer may take any one or more of the following actions under that subsection:
(a) enter land or premises;
(b) disconnect a source of electricity;
(c) carry out work on electrical infrastructure or an electrical installation;
(d) give directions to the person in charge of electrical infrastructure or an electrical installation that may be necessary to make it safe;
(e) give other directions the authorised officer considers necessary to avert danger to life or property.
(3) A person to whom a direction is given under this section must comply with the direction.
Penalty: Fine not exceeding 100 penalty units.
71
Power to require disconnection of cathodic protection system
71 Power to require disconnection of cathodic protection system
(1) If an authorised officer finds that a cathodic protection system or the operation of a cathodic protection system does not comply with the requirements of this Act, the authorised officer may take reasonable action, or require the person in charge of the system to take reasonable action, to make the system inoperable.
(2) A requirement is to be imposed under subsection (1) by notice in writing given to the person in charge of the cathodic protection system.
(3) A person in charge of a cathodic protection system must comply with a notice under this section.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 100 penalty units; and
(b) an individual – a fine not exceeding 50 penalty units.
Part 6
Accidents
Part 6 Accidents
72
Notification of serious electrical accidents
72 Notification of serious electrical accidents
(1) If a serious electrical accident occurs, the person responsible for reporting the accident –
(2) For the purposes of such an investigation, an authorised officer may exercise any one or more of the following powers:
(a) enter and inspect the place of the accident;
(b) examine and test any electrical equipment or article;
(c) take photographs;
(d) take for examination and analysis any substance or thing that may relate to the accident;
(e) take possession of anything that may provide evidence of an offence;
(f) require any person who may be in a position to do so to answer questions, or to produce records or other materials, that may be relevant to the accident and take copies of any such records or other materials;
(g) make copies of, or take extracts from, any such records or other materials;
(h) require the occupier of the place of the accident to provide reasonable assistance to the authorised officer in the exercise of powers under this section.
(3) An authorised officer may not enter residential premises under this section unless authorised to do so by the occupier or a warrant.
(4) A person of whom a requirement is made under this section must comply with the requirement.
Penalty: Fine not exceeding 100 penalty units.
75
Publication of details of serious electrical accidents
75 Publication of details of serious electrical accidents
(2) No action in defamation arises from the publication of details of serious electrical accidents under this section.
76
Relationship with Coroners Act
76 Relationship with Coroners Act
Nothingin this Part is to be taken as limiting or affecting the jurisdiction of the Magistrates Court (Coronial Division) established under the Coroners Act 1995 .
(1) An electrical safety management scheme is a scheme under which –
(a) [Section 83 Subsection (1) amended by No. 59 of 2009, s. 32, Applied:01 Jun 2010] the manager of the scheme undertakes responsibility for ensuring compliance with standards applying under this Act, or standards the Secretary considers equal or superior to standards applying under this Act, in relation to electrical safety generally or a particular aspect of electrical safety by the participants in the scheme; and
(b) the participants in the scheme are exempted from compliance with this Act to an extent prescribed by the scheme.
(2) An electrical safety management scheme may provide that a certification, registration, licence or approval under the scheme is equivalent to a certification, registration, licence or approval under this Act or another law relating to electrical safety.
(b) require the manager to enter into specified agreements or agreements of a specified type;
(c) restrict the range of business activities in which the manager may be involved;
(d) regulate the administration and conduct of the scheme;
(e) prescribe procedures for the variation or revocation of the scheme or of conditions of the scheme;
(f) provide for information and reports to be provided by the manager.
(5) [Section 84 Subsection (5) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] The manager of an approved electrical management scheme must, if so required by written notice given to the manager by the Secretary, submit a revised scheme for approval by the Secretary within a period, which must be at least 60 days from the date of the notice, stated in the notice.
(a) the matters to be addressed in the revised scheme; and
(b) the proposed date for the revised scheme to take effect; and
(c) the grounds on which the revision is required.
(7) [Section 84 Subsection (7) amended by No. 59 of 2009, s. 33, Applied:01 Jun 2010] The Secretary may deal with a revised scheme in the same way as if the manager had applied for approval of the scheme under this section and, if the revised scheme is approved, the revised scheme takes effect in substitution for the scheme previously approved.
(2) [Section 85 Subsection (2) amended by No. 59 of 2009, s. 34, Applied:01 Jun 2010] Before the Secretary approves a person as manager of an approved electrical safety management scheme, the Secretary must be satisfied that the proposed manager has the necessary financial and technical resources to administer the scheme properly.
86
Variation or revocation of electrical safety management scheme
86 Variation or revocation of electrical safety management scheme
(1) An approved electrical safety management scheme may be varied or revoked –
(a) in accordance with the procedures for variation or revocation contained in the scheme; or
Notice of the approval, variation or revocation of an electrical safety management scheme must be published in the Gazette.
88
Effect of approval
88 Effect of approval
(1) While an approval remains in force in relation to an electrical safety management scheme, the scheme has the force of law.
(2) A person must not contravene a term of an approved electrical safety management scheme or a condition of its approval.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 200 penalty units; and
(b) an individual – a fine not exceeding 100 penalty units.
Part 9
Legal proceedings
Part 9 Legal proceedings
89
Time for commencing prosecutions
89 Time for commencing prosecutions
(1) A prosecution for an offence against this Act may be commenced within 2 years after the date of the alleged offence or a longer period authorised by the Minister.
(2) The Minister may authorise a prosecution after the expiration 2 years from the date of the alleged offence subject to the following qualifications:
(a) the prosecution must be commenced within 6 months after the circumstances of the alleged offence come to the knowledge of the prosecutor;
(b) the prosecution must be commenced within 10 years after the date of the alleged offence.
(3) [Section 90 Subsection (3) amended by No. 59 of 2009, s. 36, Applied:01 Jun 2010] A certificate apparently issued under the authority of the Secretary and certifying that a notice, report or other document was or was not given or received on or before a specified date is admissible in legal proceedings as evidence of the fact so certified.
(4) A certificate apparently signed by a member of the Board certifying that a determination was made in terms specified in the certificate is admissible in legal proceedings as evidence of the making and terms of the determination.
91
Vicarious liability of employers
91 Vicarious liability of employers
(1) If an employee commits an offence against this Act, the employer is also guilty of an offence and liable to a penalty not exceeding the maximum prescribed for the employee's offence.
(2) It is a defence to a charge against an employer for the employer to establish that the employer could not, by the exercise of reasonable diligence, have prevented the employee's offence.
(3) An employer may be convicted of an offence under this section whether or not proceedings have been brought against the employee.
92
Liability of directors and managers
92 Liability of directors and managers
(1) If a body corporate commits an offence against this Act, each director or manager of the body corporate who knowingly authorised or permitted the offence is also guilty of an offence and liable to a penalty not exceeding the maximum prescribed for the body corporate's offence.
(2) A director or manager may be convicted of an offence under this section whether or not proceedings have been brought against the body corporate.
Part 10
Financial provisions
Part 10 Financial provisions
93
Costs of administration
93 Costs of administration
(1) In this section,
electricity distributor means the holder of a licence authorising the distribution of electricity under the Electricity Supply Industry Act 1995 .
(2) The Treasurer may, by written notice given to an electricity distributor –
(a) require the distributor to contribute to the costs of the administration of this Act on a basis stipulated in the notice; or
(b) vary or revoke a requirement previously imposed under this section.
(a) exempting specified persons, or persons of a specified class, from the provisions of this Act, or specified provisions of this Act; or
(b) exempting specified electrical articles, or electrical articles of a specified class, from the provisions of this Act or specified provisions of this Act; or
(d) varying or revoking an order previously made under this section.
(2) An order under this section –
(a) must be published in the Gazette; and
(b) takes effect on publication in the Gazette or on a later date specified in the order.
(3) An order under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 .
(4) An exemption under this section –
(a) may be unconditional or subject to conditions stated in the order; and
(b) may be granted for a specified period or without limitation of its period of operation.
(5) A person who has the benefit of an exemption under this section must comply with the conditions of the exemption.
Penalty: In the case of –
(a) a body corporate – a fine not exceeding 200 penalty units; and
(b) an individual – a fine not exceeding 100 penalty units.
97
Immunity from liability
97 Immunity from liability
[Section 97 Amended by No. 59 of 2009, s. 41, Applied:01 Jun 2010] No liability attaches to the Crown, the Secretary, an authorised officer or any other person acting under this Act for an act done, or omission made, in good faith in carrying out, or purportedly carrying out, functions or duties under this Act.
(1) An authorised officer may enter land and premises and carry out any inspection or do anything else reasonably necessary for the administration or enforcement of this Act.
(2) A power of entry conferred by this Act, either under this section or another provision of this Act, may be exercised –
(a) with the consent of the occupier of the land or premises to be entered; or
(b) on the authority of a warrant; or
(c) in an emergency, without a warrant and without consent.
100
Warrants to enter premises
100 Warrants to enter premises
(1) An authorised officer may apply to a justice for a warrant to enter a place specified in the application.
(2) The justice may, if satisfied that a warrant is reasonably required for the administration or enforcement of this Act, issue the warrant.
(3) A warrant authorises the authorised officer –
(a) to enter the place specified in the warrant; and
(b) to do anything reasonably required for the administration or enforcement of this Act.
(4) A warrant is to specify the date on which, and the time at which, the warrant ceases to have effect.
(5) An application for a warrant may be made by telephone, facsimile or other prescribed means if the authorised officer considers the urgency of the situation requires it.
(6) If the justice decides to issue a warrant on an application under subsection (5) , the justice is to –
(a) complete and sign the warrant; and
(b) inform the applicant of –
(i) the terms of the warrant; and
(ii) the date and time of the issue of the warrant; and
(iii) the date and time the warrant is to cease to have effect; and
(c) record on the warrant the reasons for issuing it.
(7) The authorised officer is to –
(a) complete a warrant form in the same terms as the warrant signed by the justice; and
(b) write on the form –
(i) the name of the justice; and
(ii) the date and time of the issue of the warrant; and
(c) send to the justice the completed form not later than the day after the warrant is executed or ceases to have effect.
(8) On receipt of the warrant form, the justice is to attach it to the warrant signed by the justice.
(9) A warrant form completed by an authorised officer has the same force as the original of the warrant signed by the justice.
101
Obstruction
101 Obstruction
A person must not, without reasonable excuse, hinder or obstruct a person acting under the powers conferred by this Act.
Penalty: Fine not exceeding 50 penalty units.
102
Impersonation of authorised officer
102 Impersonation of authorised officer
A person must not impersonate an authorised officer.
Penalty: Fine not exceeding 50 penalty units.
103
Regulations
103 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) Without limiting the generality of subsection (1) , regulations may be made about any or all of the following:
(i) electrical infrastructure or electrical installations generally or electrical infrastructure or electrical installations of a particular class; or
(ii) work that is related to, or may affect, electrical infrastructure or an electrical installation or electrical infrastructure or an electrical installation of a particular class;
(d) the approval, implementation, audit and enforcement of plans to promote safety in the electricity industry which may include, for example –
(i) plans for the safe operation of generating equipment, and transmission and distribution networks; and
(ii) customer installation safety plans; and
(iii) public safety electrical safety awareness plans;
(e) cathodic protection systems;
(f) standards for electrical articles;
(g) the inspection and testing of electrical articles;
(h) the marking of electrical articles;
(i) the sale or disposal of electrical articles;
(j) proceedings under this Act.
(3) Regulations made under this Act may adopt or incorporate, with or without modification, the provisions as in force at the time of the adoption or incorporation or as in force from time to time of –
(a) a law in force in another jurisdiction; or
(b) a standard, code or protocol issued or published by a body or authority nominated in the regulations.
(4) Regulations made under this Act may –
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of any such offence, provide for the imposition of a fine not exceeding 200 penalty units for a body corporate and 100 penalty units for an individual.
(5) A regulation may prescribe and provide for the payment of fees in relation to any matter under this Act.
(6) Regulations made under this Act may –
(a) be of limited or general application; and
(b) be made so as to apply differently, according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations; and
(a) the administration of this Act is assigned to the Minister for Energy; and
(b) the Department responsible to the Minister for Energy in relation to the administration of this Act is the Office of Energy Planning and Conservation.
105
Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009
105 Transitional provisions on enactment of Economic Regulator (Consequential Amendments) Act 2009
(2) If a person was authorised by the Regulator or its delegate under section 9 of the former Act to exercise the powers of an authorised officer and is an authorised officer within the meaning of the former Act immediately before the transition day –
(a) that person is taken to have been authorised under section 9 of this Act by the Secretary to exercise the powers of an authorised officer; and
(b) the certificate of authority issued to the person by the Regulator or its delegate under section 9 of the former Act is taken to have been issued by the Secretary under section 9 of this Act.
(3) Except as otherwise provided by this section or regulations made under section 103 –
(a) a delegation, declaration, requirement, order, direction, acceptance, determination, decision, approval, agreement, recommendation, recall, other decision, notice, certificate or other act made, given, done or omitted to be done by the Regulator before the transition day is taken, if appropriate, to have been made, given, done or omitted to be done by the Secretary; and
(b) an application or scheme made or submitted to the Regulator under the former Act that has not been determined before the transition day is taken to have been made to the Secretary under this Act; and
(c) a fee fixed by the Regulator under section 62 of the former Act is taken to have been fixed by the Secretary under section 62 of this Act; and
(d) a notice, report, other document or information provided to the Regulator is taken, if appropriate, to have been provided to the Secretary; and
(e) a reference to the Regulator in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken, if appropriate, to be or include a reference to the Secretary or the Crown, as appropriate; and
(f) a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) made by the Regulator and in force immediately before the transition day is taken, if appropriate, to have been made by the Secretary.
(4) A certificate apparently issued under the authority of the Regulator under section 90(3) of the former Act continues to be admissible in legal proceedings as evidence of the facts certified in it.
(5) On and after the transition day, the following provisions apply except as otherwise provided by this section or the regulations made under section 103 :
(a) a legal proceeding or other proceeding, including (without limitation) an investigation or review, that could have been instituted by or against the Regulator immediately before the transition day may be instituted by or against the Crown or the Secretary, as appropriate;
(b) a legal or other proceeding, including (without limitation) an investigation or review, instituted by or against the Regulator that is pending immediately before the transition day may be continued by or against the Crown or the Secretary, as appropriate;
(c) a document relating to a legal or other proceeding referred to in paragraph (b) served on or by the Regulator before the transition day is taken to have been served on or by the Crown or Secretary, as appropriate;
(d) a judgment or order of a court obtained by or against the Regulator before the transition day may be enforced by or against the Crown or the Secretary;
(e) a reference to the Regulator in a document referred to in, or relating to a matter referred to in, paragraph (a) , (b) , (c) or (d) is taken to be or to include a reference to the Crown or the Secretary, as appropriate.
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Electricity Industry Safety and Administration Act 1997 .
2 Commencement
2 Commencement
This Act commences on a day or days to be proclaimed.
3 Interpretation
3 Interpretation
In this Act, unless the contrary intention appears –
[Section 3 Amended by No. 59 of 2009, s. 5, Applied:01 Jun 2010]authorised officer means a person authorised by the Secretary under section 9(1) to exercise powers of an authorised officer under this Act;
[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
defective has the meaning given in section 4 ;
electrical article means –
(a) an electrical appliance; or
(b) an article of electrical equipment;
[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
electrical infrastructure means equipment, lines and wires for the generation, transmission or distribution of electricity and includes supporting and protective structures relating to such equipment, lines or wires;
electrical installation means a set of wires and associated fittings, equipment and accessories that is, or is to be, connected to a system for the transmission or distribution of electricity;
[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
electricity entity means a person licensed to carry on operations in the electricity supply industry under the ;
Directions to electricity entities and persons in charge: the Secretary may direct an electricity entity to discontinue supply (s 66), require discontinuance of use of equipment or of unsafe practices (ss 67-68), and order repairs or relocation of infrastructure (ss 64-65, 69).
Schemes and delegations: the Act allows approved electrical safety management schemes to be created and approved; approved schemes can exempt participants from parts of the Act and have the force of law (ss 83-88). The Secretary may delegate functions, establish committees and authorise officers (ss 6-9).
Enforcement architecture and remedies: offences carry fines in penalty units (variable by provision), seizure and confiscation powers exist (s 56), employers and corporate officers may be held vicariously liable (ss 91-92), and time limits for prosecutions are set with ministerial flexibility (s 89).
Financial provisions: the Secretary may fix fees (s 62), the Treasurer may require electricity distributors to contribute to administration costs (s 93), fees and recoveries are payable into the Public Account (ss 94-95).
Confidentiality, accident reporting and investigation: strict confidentiality duties apply to information obtained in administration (s 11), while serious electrical accidents must be reported and are investigable by the Secretary (ss 72-75).
Mechanically the Act relies extensively on delegated rulemaking and administrative discretion: the Secretary is empowered to declare which articles are in scope (s 47), determine relevant standards (s 48), approve external authorities (s 49), set fees and require testing (ss 51, 62), and publish Gazetted notices that trigger obligations (e.g. s 47(1)(b), s 56(2)). Regulations under s 103 may adopt or incorporate external laws and standards. The Act therefore functions less as a detailed prescriptive code and more as a framework conferring broad regulatory discretion coupled with specified enforcement options.
Main concepts
The Act organises regulatory control by a handful of recurring legal constructs. These concepts are the operational levers the regulator uses.
Regulated objects: the Act divides focus between (a) electrical articles (consumer and industrial electrical goods), governed primarily by Part 4 (ss 47-62); and (b) electrical infrastructure and installations (poles, lines, wiring, supporting structures and installations), addressed in Part 5 (ss 63-71). “Electrical article” is defined (s 3) and Part 4 applies to articles listed in the relevant Australian Standard or Gazetted by the Secretary (s 47).
Standards and approvals: compliance with a relevant standard is central. The Secretary may determine which standard is relevant (s 48) and may approve electrical articles (s 49). Approvals can be granted by the Secretary or recognised external authorities; approved articles receive an identification number and certificate (s 52). Approvals have specified terms (five years; renewal up to another five but not exceeding 10 years aggregate, s 53).
Marking and representations: approved articles must be marked as required by approval conditions or display a regulatory compliance mark consistent with the relevant Australian Standard (s 50). It is an offence to falsely mark or represent approval (s 50(2)-(3)).
Market controls: the sale of electrical articles in the course of business is conditioned on approval, marking and standard compliance (s 54). Second‑hand goods require a warning or certification label (s 55). Authorised officers and the Secretary can prohibit sale of non‑conforming or unsafe articles, and seized goods may become Crown property (s 56).
Recall and remediation: when defective articles have been sold, the Secretary may require vendors to recall, repair, replace or compensate (s 57). “Defective” is defined for this purpose as articles that are, or likely to become, unsafe (s 57(3)).
Energy efficiency overlay: the Act allows the regulation of minimum energy efficiency standards and mandatory labelling for specified classes of electrical articles (ss 58-59). The exact classes and standards are to be fixed by regulation.
Inspection, entry and enforcement: authorised officers may enter premises at reasonable times to inspect infrastructure, installations or articles and carry out tests (s 63); the Act provides for warrants (s 100), obstruction and impersonation offences (ss 101-102), and assistance by police (s 98).
Emergency intervention: in defined emergencies authorised officers may take any necessary actions, including disconnecting electricity, carrying out work, and giving directions (s 70).
Scheme-based self-regulation: the Act permits approved electrical safety management schemes where a scheme manager undertakes responsibility for participants’ compliance, and participants may be exempted from parts of the Act (ss 83-88). The Secretary approves schemes, may impose conditions (including fees and reporting), and approved schemes have statutory force (s 88).
Administrative architecture and discretion: the Secretary exercises centralised authority , delegations (s 6), committee creation (s 8), authorisations (s 9), approvals and determinations by Gazette (ss 47-49, 56(2)), and regulations under s 103. Many functions are subject to Secretary discretion: deciding relevant standards (s 48(1)(b)), approving external authorities (s 49(2)-(3)), imposing and collecting fees (s 62), and requiring revised schemes (s 84(5)).
These concepts reveal the Act’s operating model: a regulatory centre (the Secretary) sets standards, approves products and scheme managers, inspects and enforces, and uses delegated regulation and statutory schemes to modulate compliance obligations. The legal ecology combines prescriptive obligations (approval, marking, labelling, reporting) with discretionary Gazetted actions and regulatory rulemaking to fill technical detail.
Who it affects
The Act identifies multiple classes of persons and entities that will bear obligations, duties, costs or exposure to sanction.
Manufacturers, importers and vendors of electrical articles: if an electrical article falls within the classes specified by the relevant Australian Standard or a Secretary’s declaration, persons selling in the course of business must ensure approval, marking and compliance with the relevant standard (s 54). They may also be required to recall or repair defective goods (s 57) and to attach labels when selling second‑hand goods (s 55). They face fines for non‑compliance (ss 50-57).
Electricity entities and distributors: electricity entities are subject to directions to discontinue supply to an installation for safety reasons (s 66) and are required to comply with such directions (s 66(2)). The Treasurer can require electricity distributors to contribute to the costs of administering the Act (s 93). Failure to comply with some directions or orders attracts significant penalties (for example, s 66 penalty up to 200 penalty units).
Managers and participants in electrical safety management schemes: managers must be approved by the Secretary (s 85), hold sufficient financial and technical resources (s 85(2)), and submit revised schemes on request (s 84(5)). Managers and participants benefit from limited exemption from certain requirements, but approved schemes have the force of law and contraventions attract high fines (s 88).
Occupiers and persons in charge of electrical infrastructure and installations: subject to orders to repair, replace, relocate or make installations safe (ss 64-65, 69), and to directions to discontinue use or stop unsafe practices (ss 67-68). They must comply with authorised officer notices or face penalties (various provisions).
Employers, directors and managers: vicarious liability clauses expose employers when employees commit offences (s 91), and directors/managers may be personally liable where they knowingly authorise or permit corporate offences (s 92).
Testing laboratories and certifiers: s 51 requires applicants for approval to declare that representative samples have been tested by a testing laboratory approved by the Secretary. The Secretary may also approve external authorities (s 49). These approval functions create a role for accredited or Secretary-approved labs and certifiers.
The Crown and public sector bodies: the Act binds the Crown (s 5), but provides immunity from liability for acts or omissions done in good faith under the Act (s 97). The Secretary and authorised officers are public officials who exercise powers and duties (ss 6-9).
Occupiers and members of the public at sites of accidents: the Act requires reporting of serious electrical accidents (s 72) and prohibits interference with accident sites (s 73). The Secretary may publish accident details (s 75) and has investigatory powers (s 74) that can involve occupiers cooperating with authorised officers.
Small businesses and individuals selling second‑hand goods: s 55 imposes labelling duties which are operational costs and compliance obligations.
Entities subject to regulation making: regulations under s 103 can create or vary obligations for a wide range of actors , in particular, they will determine classes for energy efficiency obligations (s 58) and many technical inspection and marking requirements (s 103(2),(5)).
Who pays: manufacturers/importers/vendors carry testing, approval, marking and recall costs; electricity distributors may be levied administrative cost contributions by the Treasurer (s 93); scheme managers may be required to pay fees and charges as a condition of approval (s 84(4)(a)); applicants must pay fees fixed by the Secretary for applications and approvals (s 62), recoverable as a debt (s 94).
Who decides: the Secretary exercises centralised decision‑making power , declarations, approvals, recognition of external authorities, fee setting, and enforcement. The Governor in Council (through regulations) can make broader rules under s 103. Ministers and Treasurers have specific roles for exemptions (s 96) and cost sharing (s 93).
Behaviour changes expected: vendors will be incentivised to obtain approvals, maintain marking and labelling regimes, and implement quality control to avoid recalls. Electricity entities must be able to disconnect supply on notice and coordinate with authorised officers. Managers considering scheme-based self‑regulation must prepare to meet Secretary conditions and reporting. The Act imposes monitoring, recordkeeping and compliance costs across the supply chain.
Key duties and rights
The Act layers statutory duties and certain procedural rights; both are compressed into Secretary-driven processes.
Key duties
Duty to obtain approval and comply with standards for sale: persons selling electrical articles in the course of a business must ensure the article is approved under Part 4, marked as required and complies with the relevant standard (s 54).
Testing and application requirements: an application for approval must be in the form approved by the Secretary, include a declaration that a representative sample was tested by a Secretary‑approved laboratory and be accompanied by the laboratory report, and provide sample or other requested information if required (s 51).
Marking and representation constraints: a person must not falsely mark an article as Secretary‑approved or misrepresent approval, nor sell articles so marked if they are not approved (s 50(2)-(3)).
Recall, repair and compensation duties: if the Secretary requires it on belief that defective articles have been sold, vendors carrying on wholesale or retail business must recall, repair, replace, or compensate purchasers as specified (s 57(1)). Non‑compliance is an offence (s 57(4)).
Energy efficiency and labelling duties: sale in the course of business of articles in classes fixed by regulation must conform to minimum energy efficiency standards (s 58) and certain articles must be labelled to indicate energy efficiency (s 59).
Duties to report accidents and to preserve accident sites: persons designated (licenceholder, designated person, occupier) must inform the Secretary of serious electrical accidents promptly and deliver a full written report within 21 days (s 72). Persons must not interfere with accident sites except for assistance or with authorised officer permission (s 73).
Compliance with orders and directions: owners and persons in charge of infrastructure must carry out specified work when ordered (s 64); electricity entities must comply with directions to discontinue supply (s 66); persons must stop specified unsafe practices and discontinue use when directed (ss 67-68); and must comply with authorised officer notices to make installations safe (s 69).
Compliance with investigatory notices and requirements: a person served with a written notice under s 10 must provide answers, produce documents or attend for examination as required. Failure without reasonable excuse or false answers is an offence (s 10(1)-(2)).
Key rights and procedural protections
Right to be given reasons and appeal pathway on approval refusals: if the Secretary decides not to approve electrical articles, the applicant must be given written reasons and informed of the right of appeal (s 52(3)). Note however that the specific s 77 provision allowing applications to Tasmanian Civil and Administrative Tribunal was repealed; s 78 (as substituted) imposes a duty on the Secretary to give effect to a Tribunal determination, indicating tribunal review remains relevant (see ss 77-78).
Secretary’s duty to issue certificates of authority to authorised officers: each authorised officer must be issued a certificate, and must produce it on request when exercising powers (s 9(2)-(3)). Failure to produce it attracts a fine (s 9(3)).
Warrant safeguards: an authorised officer may only enter residential premises during investigations of serious accidents with occupier consent or a warrant (s 74(3)). Warrants issued by a justice must have recitals and limited effect periods; emergency procedures exist for urgent telephone applications (s 100).
Information confidentiality carve-outs: information obtained in administration is generally confidential, but disclosure is permitted in specified circumstances , administration of Acts, consent of the person, legal proceedings or when required by law (s 11). Unauthorised disclosures attract significant penalty (s 11).
Procedural obligations when exercising scheme powers: the Secretary must notify and invite submissions when considering approval of a proposed electrical management scheme (s 84(2)). If the Secretary requires a revised scheme, the manager has at least 60 days to submit it and the Secretary must specify the grounds and effective date (s 84(5)-(6)).
Administrative discretions that affect duties/rights
Secretary’s discretion to declare classes of electrical articles, relevant standards, approve external authorities and set conditions for schemes: these discretions determine which persons and products fall within statutory duties (ss 47-49, 84).
Regulation-making power: the Governor can prescribe classes for energy efficiency, labelling formats and a broad set of technical requirements and penalties (s 103).
In short, the Act creates mandatory duties for sellers, owners and persons in charge of electrical infrastructure and establishes procedural protections (written reasons, certificates, warrant rules, confidentially exceptions) while vesting significant route-setting authority in the Secretary and regulations.
Penalties and enforcement
The Act structures enforcement through administrative directions, criminal offences with fines (in penalty units), seizure powers, and vicarious liability. Enforcement is concentrated in the Secretary and authorised officers, supported by courts and justices for warrants.
Penalty architecture
Monetary fines expressed in penalty units: most breaches attract fines specified in penalty units. Examples include false marking or misrepresentation of approval (s 50(2), penalty up to 50 units), sale of non-complying articles (s 54, 50 units), failure to label second-hand items (s 55, 50 units), failure to comply with recall or information notices (ss 57, 10?; see s 57(4) 50 units; s 10(2) 50 units), and energy efficiency breaches with higher fines for corporations (s 58: up to 200 units for a body corporate, 100 for individuals). Some provisions carry imprisonment options: s 11 confidentiality breach can attract up to 6 months imprisonment and/or a fine up to 50 penalty units.
Variation by actor type: energy efficiency and scheme contraventions have higher corporate penalties (s 58, s 88), reflecting legislators’ decision to impose heavier sanctions on corporate actors.
Employer and officer liability: employers can be convicted for employee offences (s 91), and directors/managers can be charged where they knowingly authorised or permitted a corporate offence (s 92). These provisions extend enforcement exposure beyond the immediate offender and are designed to incentivise corporate compliance systems.
Administrative enforcement powers
Directions and orders by the Secretary: the Secretary may order rectification or replacement of electrical infrastructure (s 64), require relocation where infrastructure is hazardous to traffic (s 65), direct discontinuance of supply by an electricity entity (s 66), direct discontinuance of use (s 67) and stop unsafe practices (s 68). Non‑compliance with these directions attracts penalties (various s 64, s 66 penal provisions).
Seizure and confiscation: an authorised officer may seize and confiscate electrical articles sold in contravention of a prohibition and, under s 56(5), seized goods may become Crown property and be disposed of as the Secretary directs.
Entry, testing, seizure and investigative powers: authorised officers may enter premises at reasonable times to inspect and test (s 63), exercise broader investigatory powers at accident sites (s 74), and use warrants for compelled entry where necessary (s 100). Emergency entry is permitted without warrant or consent in certain circumstances (s 99(2)(c), s 100(5) for urgent applications).
Emergency powers: in emergencies authorised officers can disconnect electricity, carry out work, and take any action necessary to protect life or property (s 70), with non‑compliance attracting a penalty (s 70(3)).
Procedural enforcement checks and evidentiary rules
Certificates as admissible evidence: certificates apparently issued under the authority of the Secretary certifying that notices, reports or documents were given are admissible as evidence (s 90(3)), streamlining proof of administrative acts.
Time limits for prosecutions: prosecutions generally must be commenced within two years of the alleged offence, but the Minister may authorise prosecution beyond two years subject to further qualifying conditions (s 89), which introduces ministerial discretion over late enforcement.
Publication and defamation protection: the Secretary may publish details of serious electrical accidents and publication cannot by itself give rise to a defamation action (s 75(2)), enabling information sharing for safety without civil exposure.
Allocation of enforcement responsibilities
The Secretary and authorised officers: central enforcement actors are the Secretary and persons authorised under s 9; the Secretary issues certificates of authority (s 9(2)), may delegate functions (s 6), and appoint committees (s 8).
Police assistance: police may assist authorised officers on request and are deemed authorised officers while so acting (s 98), providing practical enforcement capacity.
Taken together, the Act offers a mix of administrative directives and criminal sanctions, with seizure, confiscation and supply‑cutting available as immediate remedies, and fines and personal liability provisions for follow-up enforcement. The Secretary’s discretion and the admissibility of Secretary-issued certificates (s 90(3)) facilitate administrative enforcement but concentrate decision-making and evidentiary weight in the regulator.
How it interacts with other laws
The Act is structured to interact with standards, other Tasmanian Acts, and external approvals; its text explicitly cross-references and defers to other instruments.
Standards and external laws
Relevant Australian Standards: the Act explicitly anchors the concept of relevant standards to the relevant Australian Standard for electrical articles (AS 4417.2 and substitutes) (s 3 definition). The Secretary may determine relevant standards where there is no applicable standard (s 48(1)(b)) and can Gazette determinations (s 48(2)). Regulations may adopt or incorporate external laws or standards (s 103(3)).
External authorities and approvals: the Secretary may accept approvals, registrations or certifications from authorities in other States, New Zealand or entities approved by the Secretary as "external authorities" (s 49(2)-(3)). An external approval may constitute statutory approval under the Act (s 49(1)(b)), which enables cross‑jurisdictional conformity.
Interaction with other Tasmanian Acts
Electricity Supply Industry Act 1995: "electricity entity" is defined as a person licensed under the Electricity Supply Industry Act 1995 (s 3). Electricity distributors subject to that licensing regime may be required by the Treasurer to contribute to the Act’s administrative costs (s 93), linking cost recovery to the broader electricity licensing regime.
Coroners Act 1995: Part 6’s accident provisions do not limit or affect the jurisdiction of the Magistrates Court (Coronial Division) under the Coroners Act 1995 (s 76). This preserves the coroner’s independent jurisdiction regarding deaths.
Occupational Licensing Act 2005: when a serious electrical accident occurs in the course of licensed work, the holder of that licence is responsible for reporting (s 72(2)(a)), aligning reporting duties with licensing obligations under that Act.
Rules Publication Act 1953: s 96(3) states that exemption orders made under s 96 are not statutory rules within the meaning of the Rules Publication Act 1953, which affects procedural oversight and tabling requirements for such orders.
Administrative Arrangements and transitions
Administrative Arrangements Act 1990: s 104 assigns administration to the Minister for Energy and the Office of Energy Planning and Conservation until an Administrative Arrangements order provides otherwise, which situates the Act within executive administrative arrangements.
Transition from Regulator to Secretary: s 105 provides transitional provisions following enactment of the Economic Regulator Act 2009, taking prior Regulator actions, authorisations and certificates as having been made by the Secretary after the transition day. This clause ensures continuity of authorisations, certificates and pending matters from the former Regulator (s 105(2)-(5)).
Regulatory hierarchy and delegation
Regulations and ministerial/secretarial determinations: the Act frequently relies on the exercise of delegated rulemaking (Gazette notices by the Secretary, regulations by the Governor, and standards adopted by regulation) for technical details (ss 47-49, 62, 103). Regulations under s 103 may authorise matters to be determined by the Minister or Secretary (s 103(6)(c)). This creates a hierarchy in which the Act sets the framework, regulations set classes and technical obligations, and the Secretary implements and polices compliance.
Evidentiary interface with courts and tribunals
Administrative review: s 77 (which formerly allowed review before the Tasmanian Civil and Administrative Tribunal) has been repealed but s 78 (as substituted) requires the Secretary to give effect to a Tribunal determination, showing continued interaction with tribunal decision‑making. Other Acts (not reproduced here) will set out the pathway to TCAT adjudication; the Act preserves the Tribunal’s determinations as binding on the Secretary (s 78).
Certificates admissible in proceedings: Secretary- or Board-issued certificates are admissible in legal proceedings (s 90(3)-(4)), which streamlines proof and evidentiary interaction between administrative records and court processes.
In sum, the Act does not operate in isolation: it relies on Australian Standards and other Tasmanian statutes for definitions and duties, uses Gazetted notices to declare classes and standards, recognises external approvals, and provides continuity where regulatory responsibilities have been transferred. Practitioners should cross-check the Electricity Supply Industry Act 1995, Coroners Act 1995, Occupational Licensing Act 2005 and the Economic Regulator Act 2009 for overlapping duties and procedural routes.
Amendment history
The text contains embedded amendment annotations and several explicit substitution/repeal notes. The following timeline extracts the amendments recorded in the provided text, with citation to where the amendment is indicated.
1997: Original Act citation stated in s 1.
1996: s 84(4) references an amendment (No. 17 of 1996 applied 05 Jun 2008) but the primary text is later amended; treat s 84(4) as having been varied historically.
2000-2001: Schedules and certain sections were amended by No. 86 of 2000, with Schedule 1 amendment applied 01 May 2001 (see SCHEDULE notes).
2001: Part 7 heading was amended by No. 73 of 2001 (Sched. 1) and applied 01 Jul 2002 (see Part 7 header).
2002: Several repeals and amendments took effect 01 Jul 2002 (s 77 repealed by No. 73 of 2001, Sched. 1 applied 01 Jul 2002; ss 78 subsections omitted historically and s 78 substituted later).
2003: Assistance from police (s 98) was amended by No. 76 of 2003, schedule applied 01 Jan 2004.
2005: Major structural repeals: No. 47 of 2005 repealed numerous sections and parts (multiple s notes show "Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009"). Many Parts, Divisions and Schedules were repealed or revised and took effect 19 Jan 2009, as repeatedly annotated in the text (e.g., many of Part 3 and Schedule 1/2 repeals).
2009: No. 59 of 2009 introduced numerous amendments, with many subsections amended and applied 01 Jun 2010. The act of 2009 appears to have made widespread updates to delegation, approval, authorised officer powers, fees, and definitions (see numerous s 3,6-13,17-21, etc annotations indicating No. 59 of 2009 s numbers and Applied:01 Jun 2010).
2010: The No. 59 of 2009 amendments formally applied 01 Jun 2010 per many subsections (as noted).
2017: s 95 was amended by No. 4 of 2017, Schedule 1, applied 01 Jul 2019 affecting payment into the Public Account (s 95).
2025: Part 7 was substituted by No. 7 of 2025, s 94, applied 01 Jul 2025; s 78 was substituted by No. 7 of 2025 (s 94). Section 81 references show repeals aligned to No. 7 of 2025. These annotations indicate recent restructuring of review and enforcement provisions.
Miscellaneous timing and transitional provisions: s 105 was inserted by No. 59 of 2009 (applied 01 Jun 2010) to manage transition from the former Regulator to the Secretary under the Economic Regulator Act 2009.
What the amendment annotations show practically
Repeals and structural changes are extensive. Large portions of the earlier Act were repealed and replaced via the 2005 and 2009 amendment packages, and further modification occurred in 2025 (Part 7 substitution). The text provided therefore is a post‑amendment consolidation reflecting those changes.
The 2009 amendments (No. 59 of 2009) are repeatedly annotated across the Act and appear to centralise many powers in the Secretary, standardise approval mechanisms and expand administrative provisions (notably delegations, authorised officer powers, and Gazette notice processes).
The 2017 amendment to s 95 changed the mechanism for payment into the Public Account and took effect in 2019.
The 2025 changes to Part 7 altered review/enforcement architecture; practitioners should check the Economic Regulator Act 2009 and Tasmanian Civil and Administrative Tribunal procedural rules for the current appeal and review routes.
Because the text includes amendment notes but not the full amending Acts, practitioners should consult the consolidated Act as published by official Tasmanian legislation services and the amending Acts listed (No. 47/2005; No. 59/2009; No. 4/2017; No. 7/2025) for full amendment text, commencement dates and transitional provisions. Section‑level amendment notes in the provided text must be treated as guideposts to those formal amending instruments.
Litigation history
The supplied text contains no court or tribunal decisions. It does contain internal references to repeals and substitutions but does not identify any cases, judicial interpretations, or litigation outcomes. Specific points relevant to litigation practitioners from the text include:
Evidentiary rules: certificates issued under the authority of the Secretary are admissible as evidence in proceedings (s 90(3)), and certificates signed by a Board member are admissible to prove determinations (s 90(4)). These procedural evidentiary provisions may affect how prosecutions and civil actions are proved.
Tribunal determinations: s 77, the former right of appeal to the Tasmanian Civil and Administrative Tribunal, was repealed; s 78 (as substituted) requires the Secretary to give effect to a TCAT determination, implying the Tribunal continues to play an adjudicative role. The precise litigation routes and judicial review avenues will intersect with the Tasmanian Civil and Administrative Tribunal Act and other procedural statutes; those connections may generate litigation about jurisdiction, remedies and enforcement, but no cases are cited in the Act text.
Vicarious and officer liability: ss 91-92 extend potential liability to employers and corporate officers, creating a potential litigation profile for prosecution of companies and their responsible officers. These provisions are straightforward in the text and will guide prosecutorial strategy, but the Act does not provide case law guidance about how courts interpret "reasonably diligent" in s 91(2) or "knowingly authorised or permitted" in s 92(1).
Confidentiality versus publication: the Act authorises publication of accident details by the Secretary (s 75) and simultaneously creates confidentiality obligations (s 11). Litigation may arise where publication, confidentiality and defamation interact, but s 75(2) removes a cause of action in defamation for publication of accident details made under s 75 , the Act thus adjusts common law exposure. How courts treat interplay between s 11 and s 75 in practice would only be settled in litigation and is not addressed in the source.
If a practitioner needs authoritative litigation history (decisions interpreting procedural safeguards, scope of Secretary discretion, or evidentiary provisions), the Act requires cross‑checking with Tasmanian court and tribunal reports and databases. The Act itself contains no named cases or judicial commentary.
Gotchas
This Act contains several practical traps or non‑obvious features that impose compliance risk or administrative uncertainty; these are matters for lawyers and compliance officers to flag explicitly.
Secretary‑centric discretions that create legal uncertainty
The Secretary may declare which electrical articles fall within Part 4 (s 47(1)(b)), determine relevant standards (s 48(1)(b)), approve external authorities and conditions (s 49), and set fees (s 62). Many obligations are triggered by Gazetted notices (s 47(1)(b), s 48(2), s 56(2), s 87). This means businesses may face sudden obligations when the Secretary issues a Gazette notice. Practitioners must monitor Gazette notices and Secretary determinations closely.
Approval and testing chain requires Secretary‑approved laboratories
An application must include a declaration that a representative sample was tested by a testing laboratory approved by the Secretary, and the lab’s report (s 51). If the Secretary has not approved a lab, applicants may be forced to seek an approved lab specifically, which can delay market entry. The Act does not set objective criteria for lab approval; the Secretary’s discretion governs this gatekeeping.
Approval term and renewal cap
Approvals last five years and can be renewed once so that total approval cannot exceed 10 years (s 53). For products with long product cycles this requires forward planning to avoid lapses; failure to renew would make sale unlawful under s 54.
Seizure and Crown ownership of confiscated goods
Seized electrical articles become Crown property and may be disposed of as directed by the Secretary (s 56(5)). This is an absolute civil consequence that can wipe out inventory and disrupt business without contractual remedies from a third party; it elevates the stakes of compliance checks.
Overlap between confidentiality duties and accident publication
s 11 imposes strict confidentiality with serious penalties including imprisonment, but s 75 permits the Secretary to publish accident details without giving rise to defamation. The tension may complicate internal communications, investigations and disclosure to insurers. The permitted exceptions in s 11 do include disclosure for administration of another Act, legal proceedings and consent, but internal actors must take care when releasing information.
Repealed provisions require cautious navigation of appeal routes
s 77 was repealed and s 78 substituted (2025); the Act’s text signals that the Tribunal still plays a role but does not set out the appeal mechanism in full within the Act. Practitioners must check the Tasmanian Civil and Administrative Tribunal Act and post‑2025 regulations to determine current review rights and procedural steps.
Exemptions not statutory rules
Orders exempting persons or articles (s 96) are not statutory rules under the Rules Publication Act 1953 (s 96(3)). That affects parliamentary oversight and judicial review posture; stakeholders should note that exemption orders are Gazetted but may not receive the same scrutiny as statutory rules.
Vicarious and officer liability without defined standards
Employers can be convicted for employee offences unless they show reasonable diligence (s 91(2)). Directors/managers are liable if they knowingly authorised or permitted an offence (s 92). The Act does not define “reasonable diligence” or the threshold for “knowingly authorise or permit”, so defendants will rely on general common law and statutory interpretation. This uncertainty affects compliance program design.
Energy efficiency classes left to regulation
ss 58-59 create obligations but delegate classification and standards to regulation. Until regulations are made, compliance obligations remain indeterminate. Businesses exposed to potential regulation must track forthcoming regulations and prepare for retrofitting labelling and testing processes.
Financial exposure via administrative cost recovery from distributors
The Treasurer can require electricity distributors to contribute to administrative costs and recover such amounts as a debt (s 93). This potentially shifts administrative costs onto distributors, who may pass costs downstream to consumers or contracted users. The Act does not fix the basis for contributions, leaving the Treasurer wide latitude.
Certificates as presumptive evidence
Certificates issued under Secretary authority are admissible (s 90(3)), which lowers the evidentiary threshold for the prosecution but also entrenches administrative records as dispositive absent contrary evidence. Practitioners must ensure documentary systems are robust because administrative certificates may be used to prove statutory acts.
Many parts previously repealed
Numerous sections and entire Parts were repealed by earlier amending Acts (e.g., No. 47 of 2005). Practitioners who rely on older versions of the Act must confirm they are consulting the consolidated, current text.
Overall, the common theme is the centrality of Secretary determinations and Gazette notices plus delegated regulations. Businesses must actively monitor official channels (Gazette, Secretary notices, regulations) and maintain documentation for approvals, laboratory testing and accident reporting to avoid sharp enforcement consequences.
How to comply
Compliance requires coordinated operational, technical and administrative measures tailored to the Act’s two principal regulatory tracks: (A) electrical articles (Part 4 and associated divisions) and (B) electrical infrastructure and installations (Part 5 and related powers). Below are concrete steps and checklists mapped to statutory provisions.
A. Electrical articles (manufacturers, importers, distributors, retailers)
Determine whether your product falls within the Act’s scope
Check whether the article is of a kind specified in the relevant Australian Standard for electrical articles (AS 4417.2 or its substitutes) or has been declared by the Secretary in the Gazette as subject to Part 4 (s 47(1)). If necessary, request Secretary clarification under s 48.
Identify the relevant standard
Confirm the relevant standard for your article under s 48. If a standard is stated in the relevant Australian Standard or accepted by the Secretary, it will be the relevant standard. If none exists, the Secretary can determine one (s 48(1)(b), s 48(2)). Document any Secretary determinations and Gazette notices.
Arrange testing in a Secretary‑approved laboratory
For approval applications prepare the form required by the Secretary and include the declaration that a representative sample has been tested by a Secretary‑approved laboratory and the laboratory report stating conformity with the relevant standard (s 51). Confirm whether the Secretary requires a sample submission (s 51(b)(iii)).
Apply for approval and secure marking/certification
Submit the Secretary‑approved application (s 51(a)). If approved, obtain an approval identification number and a certificate of approval (s 52(2)). Ensure product marking follows the conditions of approval, or if approved by an external authority, that a regulatory compliance mark is displayed in accordance with the relevant Australian Standard (s 50(1)).
Maintain approval lifecycle and renewal planning
Monitor approval expiry (five years) and plan renewals in advance; remember total approval duration cannot exceed 10 years without reapplication (s 53).
Avoid misleading marking and sales of unapproved items
Do not mark or represent a product as approved if it is not (s 50(2)), and do not sell misrepresented items (s 50(3)); maintain records of approvals and lab reports for evidentiary defense.
Prepare recall and defect response systems
Establish a recall protocol satisfying likely Secretary requirements: mechanisms to notify purchasers, repair or replace defective items, and compensate purchasers as ordered (s 57). Keep traceability records and contact details for purchasers.
Label second‑hand goods correctly
If selling second‑hand electrical articles in the course of a business, attach a warning label that the article has not been tested or a certificate that it has been tested and found safe (s 55).
Energy efficiency compliance
Monitor regulations to see which classes are fixed for energy efficiency and labelling obligations (ss 58-59). Develop testing and labelling processes consistent with forthcoming regulatory requirements.
Fees and recordkeeping
Budget for fees the Secretary may fix for applications, approvals, tests and other matters (s 62). Retain testing and approval documentation and be prepared to produce it in response to s 10 notices.
B. Electrical infrastructure and installations (owners, persons in charge, electricity entities)
Maintain safety standards for infrastructure and installations
Ensure infrastructure meets the technical and structural standards implicit in s 64. Keep inspection and maintenance records demonstrating diligence.
Be able to respond to Secretary orders
If ordered to repair, replace or relocate infrastructure (ss 64-65), comply within the timeframes specified. Maintain a registered contact with the Secretary and a compliance calendar to avoid penalties.
Prepare for discontinuance directions and emergency actions
Have procedures to respond to a Secretary direction to discontinue supply (s 66) or to discontinue use of equipment (s 67). For authorised officers exercising emergency powers (s 70), ensure staff know to obey directions and to document actions for retrospective review.
Cooperate with authorised officers and investigations
Under s 10 and s 74, provide information, documents and assistance when required. Failing to answer notices, giving false or misleading information, or hindering inspections carries penalties (s 10(2), s 101). Implement document management so required records are retrievable promptly.
Accident reporting and site preservation
For serious electrical accidents, the person responsible (licence holder, designated person or occupier) must notify the Secretary as soon as practicable and supply a full written report within 21 days (s 72). Preserve the accident site unless life‑saving action or authorised officer permission is required (s 73). Prepare templates for the 21‑day report and emergency contact lists.
C. Organisational and governance measures
Nominate a compliance lead and Secretary liaison
Designate a responsible officer to monitor Gazetted notices, Secretary determinations and regulations, and to liaise with approved laboratories and the Secretary.
Training and authorised officer interaction protocol
Train staff on how to respond to authorised officers (request for certificate of authority, entry rules, consent/warrant procedures under ss 9, 99-100). Keep copies of any certificates of authority received and request production when authoritative persons act.
Compliance programmes for employer and officer liability
Given vicarious liability and director liability (ss 91-92), implement documented safety policies, supervision systems, and reasonable diligence measures. Keep records showing due diligence to support the defence in s 91(2).
Scheme participation planning
If considering participation in or management of an electrical safety management scheme, prepare to satisfy Secretary approval criteria (s 85), build financial and technical resource statements, provision for fees and reporting (s 84(4)(a), s 84(5)), and ensure scheme documentation contains variation/revocation procedures compatible with s 86.
Monitoring and regulatory horizon scanning
The Secretary’s power to declare relevant articles, standards and scheme approvals by Gazette and the broad regulation‑making power (s 103) mean businesses must monitor legislative and regulatory outputs. Subscribe to the Gazette and relevant departmental communications.
D. Practical documentation to retain
Copies of approvals, identification numbers and certificates (s 52).
Lab reports and declarations showing representative sample testing (s 51).
Records of sales, purchasers and batch numbers for recall traceability (s 57).
Communications with the Secretary and notices received (orders, recall requirements, discontinuance directions).
Evidence of staff training, maintenance schedules, inspection reports and compliance audits (to support reasonable diligence defences under s 91).
Accident notification logs and copy of 21-day reports (s 72).
E. Immediate checklist on receipt of an authorised officer notice or visit
Request to see certificate of authority (s 9(3)); note officer’s identity and authority.
If served with a written notice under s 10, comply with the timeframe; do not provide false or misleading information (s 10(2)).
If ordered under ss 64-69, evaluate the order, log timeframes and commence remedial works; seek clarification from the Secretary if the order is technically unclear.
If seizure occurs (s 56), record items seized, request receipt and prompt legal advice regarding challenge and goods recovery.
These steps map directly to statutory duties and powers in the Act (particularly ss 47-62; 63-71; 72-75; 83-88; 91-93). For sector‑specific issues (energy efficiency classes, lab approval lists, Gazette declarations) consult the Secretary’s published determinations and the regulations made under s 103.
[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
premises includes –
(a) a temporary or permanent building or structure; and
(b) a caravan, vehicle or vessel;
[Section 3 Amended by No. 59 of 2009, s. 5, Applied:01 Jun 2010]
relevant Australian Standard for electrical articles means Australian Standard AS 4417.2 (as amended from time to time) and includes an Australian Standard substituted for that Standard;
representation means an express or implied representation;
[Section 3 Amended by No. 59 of 2009, s. 5, Applied:01 Jun 2010]Secretary means the Secretary of the Department;
[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
[Section 3 Amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]serious electrical accident means an accident involving –
(a) electrocution; or
(b) electric shock serious enough to cause temporary or permanent disability or to require medical attention; or
(c) electricity that produces a burn serious enough to cause temporary or permanent disability or to require medical attention.
to sell includes –
(a) to hire out; and
(b) to offer for sale or hire; and
(c) to provide at no cost but as part of a commercial arrangement or in expectation of obtaining a benefit of commercial value;
State includes the Australian Capital Territory and the Northern Territory.
4.
[Section 4 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
5 Crown to be bound
5 Crown to be bound
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Administration
Part 2 Administration
6 Delegation of Secretary's functions
6 Delegation of Secretary's functions
(1) [Section 6 Subsection (1) amended by No. 59 of 2009, s. 6, Applied:01 Jun 2010][Section 6 Subsection (1) amended by No. 59 of 2009, s. 6, Applied:01 Jun 2010] The Secretary may delegate any of his or her functions under this Act.
(2) A delegation may be made to –
(a) [Section 6 Subsection (2) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] . . . . . . . .
(b) a public or local authority; or
(c) an officer or employee of –
(i) the Crown; or
(ii) a public or local authority; or
(d) any other authority or person of a class prescribed by regulation.
7.
[Section 7 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
8 Committees
8 Committees
(1) [Section 8 Subsection (1) amended by No. 59 of 2009, s. 7, Applied:01 Jun 2010][Section 8 Subsection (1) amended by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009] The Secretary may establish committees to assist the Secretary in carrying out functions under this Act.
(2) [Section 8 Subsection (2) amended by No. 59 of 2009, s. 7, Applied:01 Jun 2010] The composition of a committee is to be as the Secretary determines.
(3) [Section 8 Subsection (3) amended by No. 59 of 2009, s. 7, Applied:01 Jun 2010] The Secretary may determine a committee's procedures and, to the extent a committee's procedures are not so determined, the committee may determine its own procedures.
9 Authorised officers
9 Authorised officers
(1) [Section 9 Subsection (1) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] The Secretary may authorise –
(a) [Section 9 Subsection (1) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] persons subject to the Secretary's administrative direction or control; or
(b) [Section 9 Subsection (1) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] other persons who are in the Secretary's opinion appropriate persons to exercise the powers of authorised officers under this Act –
to exercise powers of authorised officers under this Act.
(2) [Section 9 Subsection (2) amended by No. 59 of 2009, s. 8, Applied:01 Jun 2010] The Secretary must issue a certificate of authority to each person to whom an authorisation is given under this section.
(3) An authorised officer must, at the request of a person in relation to whom the authorised officer is exercising or proposing to exercise powers under this Act, produce the certificate of authority for inspection.
Penalty: Fine not exceeding 20 penalty units.
10 Power to obtain information
10 Power to obtain information
(1) [Section 10 Subsection (1) amended by No. 59 of 2009, s. 9, Applied:01 Jun 2010][Section 10 Subsection (1) amended by No. 59 of 2009, s. 9, Applied:01 Jun 2010] The Secretary may, by written notice given to a person who may, in the Secretary's opinion, be in possession of information, documents or materials relevant to the administration of this Act, require the person –
(a) to provide written answers to specified questions within a period specified in the notice; or
(b) to produce documents or other materials for examination at a time and place specified in the notice; or
(c) to appear for examination before an authorised officer at a nominated time and place for examination on a matter specified in the notice.
(2) A person who –
(a) without reasonable excuse fails to comply with a requirement under this section; or
(b) in response to such a requirement, knowingly gives information that is false or misleading or deliberately refrains from giving material information; or
(c) having been required to appear before an authorised officer for examination, fails to comply with reasonable requirements of the authorised officer –
is guilty of an offence.
Penalty: Fine not exceeding 50 penalty units.
11 Confidentiality
11 Confidentiality
A person who obtains information in carrying out functions related to the administration of this Act must not disclose the information unless the disclosure is made –
(a) in connection with the administration of this or another Act; or
(b) with the consent of the person to whom the information relates; or
(c) for the purposes of legal proceedings; or
(d) in accordance with a requirement or authority made or conferred by law.
Penalty: Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months, or both.
12.
[Section 12 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Part 3
[Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 1
[Division 1 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
13.
[Section 13 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
14.
[Section 14 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
15.
[Section 15 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
16.
[Section 16 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 2
[Division 2 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
17.
[Section 17 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
18.
[Section 18 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
19.
[Section 19 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
20.
[Section 20 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
21.
[Section 21 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 3
[Division 3 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
22.
[Section 22 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
23.
[Section 23 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
24.
[Section 24 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 4
[Division 4 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
25.
[Section 25 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
26.
[Section 26 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
27.
[Section 27 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 5
[Division 5 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
28.
[Section 28 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
29.
[Section 29 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
30.
[Section 30 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
31.
[Section 31 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
32.
[Section 32 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
33.
[Section 33 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
34.
[Section 34 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
35.
[Section 35 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
36.
[Section 36 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
37.
[Section 37 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
38.
[Section 38 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 6
[Division 6 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
39.
[Section 39 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
40.
[Section 40 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 7
[Division 7 of Part 3 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
41.
[Section 41 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
42.
[Section 42 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
43.
[Section 43 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
44.
[Section 44 Repealed by No. 47 of 2005, Sched. 6, Applied:19 Jan 2009]
Division 8
This is an opening excerpt, not the complete document.