11ADeclaration of prescribed articles of electrical equipment

11A Declaration of prescribed articles of electrical equipment (1) The construction occupations registrar may declare that an article of electrical equipment is a prescribed article of electrical equipment. (2) However, the construction occupations registrar must not make a declaration about an article of electrical equipment under subsection (1) unless satisfied that there are reasonable grounds for believing that— (a) because of its design or construction, the article is, or is likely to become, unsafe to use; and (b) because of the risk of death or injury to people or the risk of damage to property, the article should be declared to be a prescribed article of electrical equipment.

(3) A declaration under subsection (1) about an article of electrical equipment must state the safety standard that the article must comply with. (4) Without limiting subsections (1) and (3), the construction occupations registrar may declare an article of electrical equipment under subsection (1), or state the safety standard that an article of electrical equipment must comply with, by adopting a law of a State, as in force at a particular time or from time to time, under which the article or safety standard is prescribed. (5) If the construction occupations registrar states a safety standard under subsection (4) by adopting the law of a State, and that law includes a registration, approval or certification requirement, that requirement applies to the safety standard stated by the registrar. (6) Also, an article of electrical equipment ceases to comply with a safety standard if there is an approved first seller of the article and— (a) the registrar is satisfied that— (i) the approved first seller of the article is insolvent; or (ii) the approved first seller of the article has been refused registration as a first seller or approved applicant, or equivalent registration, under a corresponding law; or (iii) the registration of a person as a first seller or approved applicant, or equivalent registration of the person, under the corresponding law has been cancelled other than at the request of the person; or (iv) the approved first seller of the article has been convicted of an offence against this part or part 3 as in force immediately before the commencement of this part or of a similar offence against the law of a State or another Territory; or

(v) the person has supplied an article of electrical equipment in breach of an undertaking referred to in a determination of compliance; or (b) the approved first seller asks in writing that the registration be cancelled; or (c) the approved first seller— (i) for a body corporate—is dissolved; or (ii) for an individual—dies. (7) For subsection (6), a person is taken to be insolvent if— (a) for a body corporate—a resolution for the winding-up of the body has been passed or an application for the winding-up of the body has been filed in a court; or (b) for an individual—the person becomes bankrupt or personally insolvent. (8) A declaration under subsection (1) is a notifiable instrument.