Victoria act

Electricity Safety Act 1998

In ForceVIC

Jurisdiction

Victoria

Collection

act

Plain English Summary

7/10 complexity

This Act sets obligations and enforcement powers to promote electrical safety, supply reliability and equipment efficiency in Victoria. It authorises Energy Safe Victoria to approve or ban equipment, require recalls or rectifications, register and mark electrical products, accept safety management and bushfire mitigation schemes, and impose duties on suppliers, owners/operators of complex installations, and electrical workers.

Suppliers pay compliance and recall costs; the regulator makes many discretionary decisions (approvals, prohibitions, exemptions); non‑compliance attracts fines and possible imprisonment. The framework shifts behaviour toward registration, testing, labelling, documentation and safety plans.

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Current sections

Direct links to the current provisions in Electricity Safety Act 1998.

288

Subdiv 3

Acceptance and validation of bushfire mitigation plans 123

Subdivision 3—Acceptance and validation of bushfire mitigation plans 123

83BC Validation of bushfire mitigation plans and revised bushfire mitigation plans 123

83BD Additional information 124

83BE Acceptance of bushfire mitigation plans and revised bushfire mitigation plans 124

83BF Provisional acceptance of bushfire mitigation plan or revised bushfire mitigation plan 126

83BG Non-acceptance of bushfire mitigation plan or revised bushfire mitigation plan 127

83BH Energy Safe Victoria may determine bushfire mitigation plan 128

83BJ Compliance audits for accepted bushfire mitigation plans—independent audits 129

83BK Compliance audits—Energy Safe Victoria 130

Division 2—Responsibility for maintenance of lines 130

Subdivision 1—Persons responsible for maintaining lines 130

84 Requirement to keep trees clear of electric lines—distribution companies 130

84A Requirement to maintain line—occupiers of land with private or low voltage electric lines 130

84B Requirement to keep trees clear of private electric lines—occupiers of contiguous land 131

84C Requirement to keep trees clear of electric lines—Councils 131

84D Requirement to keep trees clear of electric lines—other persons 131

Subdivision 2—Other matters 132

85 Exercise of powers with respect to lines 132

86 Failure to maintain lines 133

86A Energy Safe Victoria may give directions for restriction or prevention of tree growth 137

Division 2A—Electric lines and municipal emergency management plans 139

86B Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines 139

Division 3—Publication of, and offences against, Code 140

89 Procedure for Code 141

90 Offences against Code 141

Division 4—Compliance audits in relation to compliance with the Code 142

90A Compliance audits in relation to compliance with Code—Energy Safe Victoria 142

90B Compliance audits in relation to compliance with Code—independent audits 142

Division 5—Compliance audits in relation to compliance with the management plan 143

90C Application 143

90D Compliance audits for management plans—Energy Safe Victoria 143

90E Compliance audits for management plans—independent audits 144

Part 9—Cathodic protection and mitigation of stray current corrosion 145

93 Operation of cathodic protection systems 145

93A Evidentiary provision—operation of cathodic protection systems 146

94 Railway operator—duty in relation to stray electrical current leakage 146

95 Mitigation systems 147

96 Directions of Energy Safe Victoria 147

97 Costs in relation to mitigation systems 148

Part 10—Electricity safety management 151

Division 1—General duty of major electricity companies 151

98 General duty of major electricity companies 151

Division 2—Mandatory electricity safety management schemes (major electricity companies) 152

99 Electricity safety management scheme 152

100 Validation of electricity safety management scheme for a supply network 154

101 Additional information 155

102 Acceptance of electricity safety management scheme 155

103 Provisional acceptance of electricity safety management scheme 156

104 Non-acceptance of electricity safety management scheme 157

105 Energy Safe Victoria may determine electricity safety management scheme 157

106 Compliance with electricity safety management scheme 159

107 Revision of electricity safety management scheme—change 160

108 Revision of electricity safety management scheme—every 5 years 161

109 Energy Safe Victoria may request submission of a revised electricity safety management scheme 162

110 Offence to fail to submit revised electricity safety management scheme on request 163

111 Application of provisions to revised electricity safety management scheme 164

112 Revisions that do not relate to bushfire mitigation 164

113 Compliance with electricity safety management scheme is a defence 164

Division 2A—Ongoing bushfire mitigation plan requirements for major electricity companies 165

113A Submission of bushfire mitigation plans for acceptance 165

113B Compliance with bushfire mitigation plan 167

113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 169

113D Accepted bushfire mitigation plan forms part of accepted ESMS 169

113E Revisions that only relate to bushfire mitigation 170

113F Inspection of overhead private electric lines 170

Division 2B—Requirements for declared owners and operators 171

113G General duty of declared owners and operators 171

113H Mandatory electricity safety management schemes for declared owners and operators 172

113I Ongoing bushfire mitigation plan requirements for declared owners and operators 172

113J Energy Safe Victoria may exempt declared owners and operators from certain requirements 173

Division 3—Voluntary electricity safety management schemes 173

114 Electricity safety management scheme for employers of electrical workers 173

115 Electricity safety management scheme for specified premises 175

116 Electricity safety management scheme for owner or operator of complex electrical installation 176

117 Exemption from certain provisions of Act or regulations 177

118 Compliance with electricity safety management scheme 178

119 Revision of voluntary electricity safety management scheme—every 5 years 179

120 Revision of voluntary electricity safety management scheme—change 180

120A Energy Safe Victoria may request submission of revised electricity safety management scheme 181

120B Compliance with request 182

120C Lapsing of electricity safety management scheme 182

120D Duty of employer of electrical workers 183

120E Duty of occupier of specified premises 183

120G Compliance with electricity safety management scheme is a defence 184

Division 4—Other matters 184

120GA Accepted ESMS does not authorise certain electrical linework 184

120H Compliance audits—independent audits 185

120I Compliance audits—Energy Safe Victoria 186

120J Annual fees 186

Part 10A—Additional bushfire mitigation requirements for major electricity companies 187

Division 1—Preliminary 187

120K Definitions 187

120L Meaning of complying substation 188

Division 2—Additional bushfire mitigation duties 189

120M Polyphase electric lines with required capacity 189

120N Covering or placing underground electric lines 191

120O Installation of Automatic Circuit Recloser for SWER lines 192

120P Annual compliance reports 192

120Q Independent audits 194

Division 3—Enforcement of additional bushfire mitigation duties 195

120R Proceedings 195

120S Criminal proceedings do not lie 196

120T Proceedings for contravention of civil penalty provisions 196

120U Pecuniary penalties to be paid into the Consolidated Fund 198

120V Declaratory relief 198

Division 4—Miscellaneous 199

120W Exemptions 199

120X Specification of later dates and periods for compliance with civil penalty provisions 199

120Y Information notices 200

120Z Audit by Energy Safe Victoria 201

Part 11—Authorised officers and powers 202

Division 1—Appointment of authorised officers 202

121 Authorised officers 202

Division 2—Powers of entry—general 204

122 Powers of entry—compliance 204

123 Occupier to be given copy of consent 206

124 Emergency access 206

125 Powers on entry 207

126 Return of things seized 208

127 Magistrates' Court may extend period 209

128 Entry to be reported to Energy Safe Victoria 209

Division 3—Powers of entry—enforcement 210

129 Powers of entry—enforcement 210

130 Occupier to be given copy of acknowledgement 212

130A Warrant for entry of land or premises if risk to persons or property 212

131 Search warrant 214

132 Announcement before entry 215

133 Copy of warrant to be given to occupier 216

Division 4—General 216

134 Power of authorised officer to require information or documents 216

135 Offence to give false information to authorised officer 217

136 Copying of documents 218

137 Protection against self-incrimination 218

138 Offence to obstruct authorised officer 218

138A Persons assisting authorised officer 218

139 Police to assist authorised officers 219

140 Impersonation of authorised officer 220

Part 11A—Infringement notices 221

140A Definition 221

140B Power to serve a notice 221

140D Infringement penalties 222

Part 12—General 223

Division 1—Directions 223

141 Chairperson of Energy Safe Victoria may give directions 223

141A Additional powers in emergencies 225

141AB Information notices 226

141AC Chairperson of Energy Safe Victoria may give directions to preserve, retain or store 227

141B Delegation by Chairperson of Energy Safe Victoria 228

141C Notification to Minister 229

Division 1A—Enforceable undertakings 229

141D Energy Safe Victoria may accept written undertakings 229

141E Enforcement of written undertakings 230

Division 1B—Injunctions 231

141F Injunctions 231

141G Consent injunctions 234

141H Interim injunctions 234

141I Variation and discharge of injunctions 234

141J Injunction may be granted during offence proceedings 234

141K Undertakings as to damages and costs 234

Division 2—Reporting of serious electrical incidents 235

142 Notification of serious electrical incidents 235

142A Preservation of serious electrical incident sites 236

Division 3—Improvement and prohibition notices 237

143 Chairperson of Energy Safe Victoria or authorised officer may issue improvement notice 237

144 Offence not to comply with improvement notice 238

144A Issue of prohibition notice 238

144B Offence not to comply with prohibition notice 239

144C Proceedings for offences not affected by notices 240

145 Notices may include directions 240

Division 4—Other matters 240

145A Offences under Part 8 240

146 Offences by bodies corporate 240

147 Offences by partnerships or unincorporated associations 241

148 False or misleading information 242

148A When proceedings for offences may be commenced 242

148B Adverse publicity orders 243

Part 13—Regulations 245

149 Supply safety 245

149A Reliability and security of electricity supply 245

150 Safety management schemes 245

151 Electric line clearance 246

151A Bushfire mitigation 248

152 Installation safety 248

153 Electrical equipment 249

154 Equipment efficiency regulations 252

155 Cathodic protection and stray current corrosion regulations 253

156 Electrical contractors and electrical workers 255

157 General regulation making powers 256

158 Disallowance of regulations 258

Part 14—Transitional provisions and consequential amendments 259

160 Transitional provisions—electrical contractors and mechanics 259

161 Transitional provision—electrical equipment 259

162 Transitional provision—urban area 260

162A Making of certain statutory rules 260

163 Transitional provisions—abolition of the Electrical Appeals Board 261

164 Transitional provisions—Electricity Safety Amendment Act 2007 261

165 Savings provision—proclaimed electrical equipment 262

166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 263

167 Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018 263

168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected 266

169 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers 267

170 Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025 268

171 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025 269

Schedule 1—Transitional provisions 270

Endnotes 274

1 General information 274

2 Table of Amendments 276

3 Explanatory details 283

Version No. 088

Electricity Safety Act 1998

No. 25 of 1998

Version incorporating amendments as at

The Parliament of Victoria enacts as follows:

Part 1

Preliminary

Part 1—Preliminary

S. 1 substituted by No. 55/2010 s. 12.

Purpose

1 Purpose

The purpose of this Act is to make further provision relating to—

(a) the safety of electricity supply and use; and

(b) the reliability and security of electricity supply; and

Commencement

2 Commencement

(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999 it comes into operation on that day.

Definitions

3 Definitions

In this Act—

S. 3 def. of accepted bushfire mitigation plan inserted by No. 55/2010 s. 13(3), amended by No. 13/2025 s. 3(1).

accepted bushfire mitigation plan means—

(a) a bushfire mitigation plan accepted by Energy Safe Victoria under Subdivision 3 of Division 1A of Part 8 and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Subdivision; or

(ab) if a revised bushfire mitigation plan submitted under section 83BBA or 83BBB has been accepted or provisionally accepted under Subdivision 3 of Division 1A of Part 8, that revised bushfire mitigation plan; or

(b) a bushfire mitigation plan accepted by Energy Safe Victoria under Division 2A of Part 10 (and taken to form part of an accepted ESMS by operation of section 113D) and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Division;

S. 3 def. of accepted electricity safety management scheme amended by No. 89/1998 s. 6(b), repealed by No. 61/2007 s. 4(3).

S. 3 def. of accepted electricity safety manager inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3).

S. 3 def. of accepted ESMS inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)).

accepted ESMS means—

(a) an electricity safety management scheme that has been accepted or provisionally accepted under Division 2 or 3 of Part 10; or

(b) if a revised electricity safety management scheme has been accepted or provisionally accepted under Division 2 or 3 of Part 10, that revised electricity safety management scheme—

but does not include an electricity safety management scheme that has lapsed under Division 3 of Part 10;

S. 3 def. of accepted ESMS operator inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)), amended by No. 22/2023 s. 3(b).

accepted ESMS operator means—

(a) a major electricity company whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or

(ab) a declared owner or operator whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or

(b) a voluntary ESMS operator;

S. 3 def. of authorised officer inserted by No. 13/2025 s. 53(Sch. 1 item 1(a)).

authorised officer means a person appointed as an authorised officer under Part 11;

S. 3 def. of bushfire mitigation plan inserted by No. 55/2010 s. 13(3), amended by Nos 22/2023 s. 3(c), 13/2025 s. 3(2).

bushfire mitigation plan means a plan referred to in section 83BA(1), 83BBA(1), 83BBB(1) or 113A(1) or (1A);

business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993;

cathodic protection system means a prescribed system designed to use direct electric current to protect metallic structures from corrosion;

S. 3 def. of certificate of compliance inserted by No. 61/2007 s. 13(1).

certificate of compliance means a certificate of compliance completed under section 44 for electrical installation work carried out by a licensed electrical installation worker;

S. 3 def. of certificate of inspection inserted by No. 61/2007 s. 13(1).

certificate of inspection means a certificate of inspection of electrical installation work carried out by a licensed electrical inspector under section 45;

S. 3 def. of Chairperson of Energy Safe Victoria inserted by No. 4/2020 s. 11(3).

Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the Energy Safe Victoria Act 2005;

S. 3 def. of Chief Executive Officer of Energy Safe Victoria inserted by No. 4/2020 s. 11(3).

Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;

Code means the Code of Practice for Electric Line Clearance prescribed for the purpose of Part 8;

S. 3 new def. of Committee inserted by No. 55/2010 s. 37(1)(b), amended by Nos 46/2014 s. 8, 13/2025 s. 13(2), repealed by No. 13/2025 s. 14.

company assets means property of an electricity supplier, being the whole or part of any pole, cable, conduit, conductor, device, appliance or other thing used for or in connection with a private electric line;

S. 3 def. of complex electrical installation inserted by No. 57/2009 s. 4(a).

complex electrical installation means an electrical installation that—

(a) has an installed generation capacity of equal to or greater than 1000 kVA; or

(b) is an electric line that is on land that is not owned or leased by the owner or operator of the electric line;

S. 3 def. of Committee repealed by No. 55/2010 s. 37(1)(a).

connect, in relation to an electrical installation or electrical equipment, includes make capable of receiving an electric current;

S. 3 def. of Council inserted by No. 2/2014 s. 4(a), amended by No. 9/2020 s. 390(Sch. 1 item 32).

Council has the same meaning as in the Local Government Act 2020;

S. 3 def. of decision inserted by No. 24/2002 s. 3.

decision for the purposes of Part 6 includes prohibition, requirement or direction;

S. 3 def. of declared installation inserted by No. 22/2023 s. 3(a).

declared installation, in relation to a declared owner or operator, means the electrical installation or the part of an electrical installation specified in a declaration made under section 3B in respect of that owner or operator;

S. 3 def. of declared owner or operator inserted by No. 22/2023 s. 3(a).

declared owner or operator means an owner or operator of an electrical installation in respect of whom a declaration is made under section 3B;

S. 3 def. of Director inserted by No. 39/2005 s. 44(1), repealed by No. 4/2020 s. 11(1).

S. 3 def. of distribution area amended by Nos 69/2000 s. 21(a), 55/2010 s. 13(1).

distribution area means an area in which a distribution company under a distribution licence under the Electricity Industry Act 2000 is authorised to distribute electricity;

S. 3 def. of distribution company amended by No. 69/2000 s. 21(b).

distribution company has the same meaning as in the Electricity Industry Act 2000;

electric line means—

(a) the whole or any part of a wire, cable or other thing used or to be used for the purpose of transmitting, distributing or supplying electricity; or

(b) any thing enclosing or supporting such a wire, cable or other thing—

but does not include a wire, cable or other thing directly used in converting electrical energy into another form of energy;

electrical connection work means connecting or disconnecting electrical equipment to or from a supply of electricity;

electrical contracting means contracting or undertaking to carry out electrical installation work;

electrical contractor means a person who carries out electrical contracting;

electrical equipment means any appliance, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to generate, use, convey or control) electricity;

electrical equipment work means repair, alteration or maintenance of electrical equipment;

S. 3 def. of electrical inspection work amended by No. 4/2020 s. 10.

electrical inspection work means testing, inspection or certification of an electrical installation or other electrical equipment;

S. 3 def. of electrical installation amended by Nos 57/2009 s. 4(b), 4/2020 s. 3(2).

electrical installation means electrical equipment that is fixed or to be fixed in, on, under or over any land but does not include a part of a supply network—

(a) of a railway; or

(b) owned or operated by a major electricity company;

electrical installation work means installation, alteration, repair or maintenance of an electrical installation;

electrical installation worker means a person who carries out electrical installation work;

S. 3 def. of electrical linework inserted by No. 4/2020 s. 3(1).

electrical linework means construction, alteration, repair, maintenance, or disassembly of a part of a supply network;

S. 3 def. of electrical lineworker inserted by No. 4/2020 s. 3(1).

electrical lineworker means a person who carries out electrical linework;

S. 3 def. of electrical work substituted by No. 4/2020 s. 3(3).

electrical work means—

(a) electrical connection work; or

(b) electrical equipment work; or

(d) electrical installation work; or

(e) electrical linework;

electrical worker means a person who carries out electrical work;

electricity supplier means a person who supplies electricity to another person;

S. 3 def. of energy efficiency electrical equipment inserted by No. 57/2009 s. 4(a).

energy efficiency electrical equipment means electrical equipment that is prescribed as energy efficiency electrical equipment for the purposes of Part 5;

S. 3 def. of Energy Safe Victoria inserted by No. 39/2005 s. 44(1), substituted by No. 4/2020 s. 11(2).

Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;

S. 3 def. of enforcement officer repealed by No. 13/2025 s. 53(Sch. 1 item 1(b)).

S. 3 def. of fire control authority amended by Nos 20/2019 s. 163, 22/2023 s. 3(d).

fire control authority, in relation to an area of land, means—

(a) Fire Rescue Victoria, if the area is within the Fire Rescue Victoria fire district within the meaning of the Fire Rescue Victoria Act 1958; or

(b) the Secretary to the Department of Energy, Environment and Climate Action, if the area is within a fire protected area within the meaning of the Forests Act 1958; or

(c) the Country Fire Authority, if the area is within the country area of Victoria within the meaning of the Country Fire Authority Act 1958;

S. 3 def. of hazardous bushfire risk area inserted by No. 55/2010 s. 13(3).

hazardous bushfire risk area means an area—

(a) to which a fire authority has assigned a fire hazard rating of "high" under section 80, whether or not the area is an urban area; or

(b) that is not an urban area (other than an area a fire control authority has assigned a fire hazard rating of "low" under section 80);

S. 3 def. of Head, Transport for Victoria inserted by No. 49/2019 s. 186(Sch. 4 item 16.1).

Head, Transport for Victoria has the same meaning as in section 3 of the Transport Integration Act 2010;

high voltage electric line means an electric line other than a low voltage electric line;

install includes lay and place;

low voltage electric line means an electric line which is ordinarily operated at a voltage not exceeding the voltage prescribed for the purposes of this definition;

maintenance, in Part 8, in relation to an electric line or a private electric line, includes the keeping of the whole or any part of a tree clear of the line;

S. 3 def. of major electricity company inserted by No. 57/2009 s. 4(a).

major electricity company means—

(a) a distribution company; or

(b) a transmission company—

but does not include a distribution company or a transmission company, or a class of distribution company or transmission company, declared under section 3A not to be a major electricity company;

S. 3 def. of member repealed by No. 13/2025 s. 13(1).

mitigation system means a prescribed system designed to reduce the effects on metallic structures of the leakage of stray electrical currents;

S. 3 def. of network operator amended by No. 61/2007 s. 12(1), repealed by No. 57/2009 s. 4(e).

occupier, in Part 8 or 11, in relation to land, means a person who is in actual occupation of the land or, if no-one is in actual occupation of the land, the owner of the land;

S. 3 def. of Office repealed by No. 39/2005 s. 44(2).

S. 3 def. of officer amended by No. 44/2001 s. 3(Sch. item 36).

officer, in relation to a corporation, has the same meaning as in section 9 of the Corporations Act;

person, in Part 8, includes an unincorporated body or association and a partnership;

point of supply—

(a) in relation to a low voltage electric line, means—

(i) in the case of an underground line (unless subparagraph (iii) applies), the point at which that line crosses the boundary of the land; and

(ii) in the case of an overhead line (unless subparagraph (iii) applies), the first point of connection of that line on the land, being either—

(A) if the line is carried onto the land by one or more poles, the first pole on the land carrying that line;

(B) if the line is connected directly to premises on the land, that connection to the premises; or

(C) if it is not possible to determine a point of supply in accordance with sub-subparagraph (A) or (B), the point at which the line crosses the boundary of the land; and

(iii) in the case of a line connected to company assets, the point at which the line is connected to the company assets; and

(b) in relation to a high voltage electric line, means the point agreed between the relevant distribution company or the relevant transmission company and the customer supplied by that electric line;

S. 3 def. of practicable inserted by No. 33/2005 s. 3(1), amended by Nos 57/2009 s. 4(c), 55/2010 s. 13(2), 13/2025 s. 45.

practicable, in section 75 or 83B or Part 10, means practicable having regard to—

(a) the severity of the hazard or risk in question; and

(b) the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and

(d) the cost of removing or mitigating the hazard or risk;

private electric line means any low voltage electric line used to take electricity from the point of supply, whether or not that line is vested in an electricity supplier;

S. 3 def. of public land amended by No. 2/2014 s. 4(b).

public land, in Division 4 of Part 3 and Part 8, means—

(a) Crown land; or

(b) land vested in a Minister of the Crown; or

(d) land (whether privately or publicly owned) used for public purposes;

S. 3 def. of railway or tramway system substituted as railway by No. 61/2007 s. 12(2), substituted by Nos 22/2013 s. 56, 41/2019 s. 117(Sch. 1 item 4).

railway has the same meaning as in section 4(1) of the Rail Safety National Law (Victoria);

S. 3 def. of rectification notice inserted by No. 61/2007 s. 13(1).

rectification notice means a notice given under section 45AB;

S. 3 def. of relevant function inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3).

S. 3 def. of responsible person amended by No. 2/2014 s. 4(c).

responsible person, in Part 8, means a person responsible under Subdivision 1 of Division 2 of Part 8 for the maintenance of a private electric line or for the keeping of the whole or any part of a tree clear of an electric line;

rural area, in Part 8, means an area that is not an urban area;

serious electrical incident means an incident involving electricity which causes or has the potential to cause—

(a) the death of or injury to a person; or

(b) significant damage to property; or

S. 3 def. of specified bushfire risk period inserted by No. 55/2010 s. 13(3).

specified bushfire risk period means the period commencing 1 November and ending 31 March the following year;

S. 3 def. of supply substituted by No. 43/2018 s. 4.

supply includes supply (including re-supply) by—

(a) sale or an arrangement, exchange, lease, hire or hire-purchase; or

(b) causing or permitting to be sold;

S. 3 def. of supply network amended by No. 57/2009 s. 4(d).

supply network means a network consisting of electric lines, substations, circuits and any other thing required for the purposes of the transmission, distribution or supply of electricity;

S. 3 def. of transmission company inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)).

transmission company has the same meaning as in the Electricity Industry Act 2000;

S. 3 def. of tree
inserted by No. 38/2000 s. 15.

tree includes vegetation;

S. 3 def. of Tribunal inserted by No. 24/2002 s. 3.

Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 3 def. of upstream network repealed by No. 57/2009 s. 4(f).

S. 3 def. of urban area amended by Nos 40/2003 s. 26, 2/2014 s. 4(d).

urban area, in Part 8, means an area of land that is predominantly—

(a) subdivided into allotments or lots each of which, in the case of land used or to be used for residential purposes, is not greater than 0·1 hectares; and

(b) able to be used or developed under a planning scheme for residential, industrial or commercial purposes; and

(d) provided with street lighting installed at not less than 3 lanterns in every 500 metres—

and includes any other area for the time being specified in a notice under section 79 but does not include an area to which a fire control authority has for the time being assigned a fire hazard rating of "high" under section 80.

S. 3 def. of voluntary ESMS operator inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)), amended by No. 55/2010 s. 37(1)(c).

voluntary ESMS operator means a person whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 3 of Part 10.

S. 3A inserted by No. 61/2007 s. 5 (as amended by No. 57/2009 s. 14).

Declaration of certain distribution companies or transmission companies not to be major electricity companies

3A Declaration of certain distribution companies or transmission companies not to be major electricity companies

The Governor in Council, by Order published in the Government Gazette, may declare—

(a) a distribution company or a class of distribution company; or

(b) a transmission company or a class of transmission company—

not to be a major electricity company for the purposes of this Act or any part of this Act.

S. 3B inserted by No. 22/2023 s. 4.

Declaration of certain owners and operators of electrical installations

3B Declaration of certain owners and operators of electrical installations

The Governor in Council, on the recommendation of the Minister, by Order published in the Government Gazette, may declare for the purposes of this Act that an owner or operator of an electrical installation, or a class of owner or operator of an electrical installation, is the declared owner or operator in respect of any electrical installation, or any part of an electrical installation, specified in the Order.

Exemptions

4 Exemptions

S. 4(1) amended by No. 69/2000 s. 22(1).

(1) The Governor in Council, by Order published in the Government Gazette, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order—

(a) do not have effect in relation to specified electrical contractors or electrical workers, or a class of electrical contractors or electrical workers, or do not have effect to such extent as is specified; or

(b) do not have effect in relation to specified electrical equipment or a class of equipment or do not have effect to such extent as is specified; or

(c) do not have effect in relation to specified electrical work or a class of electrical work or do not have effect to such extent as is specified; or

S. 4(1)(d) amended by No. 38/2000 s. 16.

(d) do not have effect in relation to a specified responsible person under Part 8 or a class of responsible persons under that Part or do not have effect to such extent as is specified; or

S. 4(1)(e) inserted by No. 38/2000 s. 16.

(e) do not have effect in relation to specified electricity suppliers or a class of electricity suppliers or do not have effect to such an extent as is specified.

(2) An Order made under subsection (1)—

(a) may specify the period during which the Order is to remain in force; or

(b) may provide that its operation is subject to such terms and conditions as are specified in the Order.

(3) A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject.

Act to bind the Crown

5 Act to bind the Crown

This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Pt 2 (Heading and ss 6–29) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 64), substituted as Pt 2 (Heading and ss 6–8) by No. 39/2005 s. 45.

Part 2

Energy Safe Victoria

Part 2—Energy Safe Victoria

S. 6 substituted by No. 39/2005 s. 45.

Objectives of Energy Safe Victoria

6 Objectives of Energy Safe Victoria

The objectives of Energy Safe Victoria under this Act are—

(a) to ensure the electrical safety of electrical generation, transmission and distribution systems, electrical installations and electrical equipment;

(b) to control the electrical safety standards of electrical work carried out by electrical workers;

(c) to promote awareness of energy efficiency through energy efficiency labelling of electrical equipment and energy efficiency regulation of electrical equipment;

S. 6(ca) inserted by No. 55/2010 s. 14(1).

(ca) to promote the prevention and mitigation of bushfire danger;

(d) to protect underground and underwater structures from corrosion caused by stray electrical currents;

(e) to maintain public and industry awareness of electrical safety requirements.

S. 7 substituted by No. 39/2005 s. 45.

Functions of Energy Safe Victoria

7 Functions of Energy Safe Victoria

The functions of Energy Safe Victoria under this Act are—

(a) to determine minimum safety standards for electrical equipment, electrical installations and electrical work;

(b) to encourage and monitor the use of electricity safety management schemes;

S. 7(c) substituted by No. 43/2018 s. 5.

(c) to inspect and test electrical equipment, in‑scope electrical equipment or electrical installations and electrical work for compliance with the standards prescribed or relevant standards;

(d) to administer the prescribed minimum standards for energy efficiency of electrical equipment;

(e) to inspect and test electrical equipment for compliance with the specified minimum standards for energy efficiency;

(f) to investigate events or incidents which have implications for electricity safety;

S. 7(fa) inserted by No. 55/2010 s. 14(2).

(fa) to regulate, monitor and enforce the prevention and mitigation of bushfires that arise out of incidents involving electric lines or electrical installations;

(g) to provide advisory and consultative services in relation to electricity safety and electrical equipment, electrical installations and electrical work;

(h) to advise the electricity industry and the community in relation to electricity safety;

(i) to monitor and enforce compliance with this Act and the regulations;

(j) such other functions are as conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.

S. 7A inserted by No. 55/2010 s. 15.

Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases

7A Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases

In performing a function or exercising a power under Part 8 or 10 or regulations made for the purposes of either of those Parts, Energy Safe Victoria may have regard to the reliability and security of electricity supply.

S. 8 substituted by No. 39/2005 s. 45, amended by No. 22/2023 s. 5(1)(2) (ILA s. 39B(1)).

Funding

8 Funding

(1) A distribution company or transmission company must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that company in respect of the reasonable costs and expenses of Energy Safe Victoria.

S. 8(2) inserted by No. 22/2023 s. 5(2).

(2) A declared owner or operator must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that declared owner or operator in respect of the reasonable costs and expenses of Energy Safe Victoria.

Ss 9–29 repealed by No. 39/2005 s. 45.

Part 3

Electrical work

Part 3—Electrical work

Div 1

Registration of electrical contractors

Division 1—Registration of electrical contractors

S. 30 amended by No. 89/1998 s. 7.

Contractors

30 Contractors

A person must not carry on or offer to carry on or hold out that the person carries on or is willing to carry on any class of electrical contracting that, under the regulations, is a prescribed class of electrical contracting for the purposes of this Division unless the person is registered under this Division as an electrical contractor in respect of electrical contracting of that class and holds the prescribed insurance (if any).

S. 30(a)(b) repealed by No. 89/1998 s. 7.

Registration of electrical contractors

31 Registration of electrical contractors

S. 31(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(1) Energy Safe Victoria may, in accordance with the regulations, register, or renew the registration of, a person as an electrical contractor in respect of a specified class of electrical contracting.

S. 31(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) A registration may be granted or renewed subject to any conditions that Energy Safe Victoria thinks fit.

S. 31(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(3) Energy Safe Victoria must assign a registered number to each registered contractor.

S. 31(4) amended by No. 25/2008 s. 3.

(4) The registration of an electrical contractor continues, unless sooner suspended, cancelled or surrendered, for a period of up to 5 years determined by Energy Safe Victoria and specified in the register kept under section 33 commencing on the date of registration, or renewal of registration.

S. 32 amended by No. 13/2025 s. 36.

Registered number

32 Registered number

A registered electrical contractor must not publish or cause to be published any advertisement, notice or statement that the contractor carries on or is willing to carry on electrical contracting work unless the advertisement, notice or statement includes the registered number of the contractor.

Register of electrical contractors

33 Register of electrical contractors

S. 33(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(1) Energy Safe Victoria must cause to be kept a register of electrical contractors.

(2) The register must be in the prescribed form and contain the prescribed information.

S. 33(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(3) Energy Safe Victoria must make the register available for inspection at all reasonable hours.

S. 33A inserted by No. 13/2025 s. 46.

33A

Immediate suspension of registration of electrical contractor

33A Immediate suspension of registration of electrical contractor

(1) Energy Safe Victoria may, by written notice given to an electrical contractor, immediately suspend the registration of the electrical contractor if Energy Safe Victoria considers that it is in the interests of the public to do so—

(a) if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical contractor to determine whether there is proper cause for taking disciplinary action against the electrical contractor under section 34; or

(b) during an inquiry described in paragraph (a).

(2) Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to suspend the registration under that subsection include—

(a) whether the electrical contractor is performing, has performed or has allowed a person under the electrical contractor's control to perform electrical work that poses—

(i) a risk to the health and safety of any person; or

(ii) a serious risk of significant damage to property; and

(b) whether the electrical contractor has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and

(3) Energy Safe Victoria may suspend a registration under subsection (1) either wholly or partially in relation to a specified matter.

(4) A notice under subsection (1) must state—

(a) the decision of Energy Safe Victoria to immediately suspend the registration of the electrical contractor; and

(b) that the suspension comes into effect on the giving of the notice; and

(d) the reasons for the decision; and

(e) that the electrical contractor may apply to the Tribunal under Part 6 for review of the decision.

(5) Energy Safe Victoria must provide detailed reasons for the suspension to the electrical contractor in writing within 5 business days after giving the notice to the electrical contractor.

(6) A suspension under subsection (1) remains in effect for the period specified in the notice unless—

(a) the suspension is revoked by Energy Safe Victoria; or

(b) the suspension is set aside by the Tribunal on an application for review under Part 6.

S. 33B inserted by No. 13/2025 s. 46.

33B

Revocation of immediate suspension of registration

33B Revocation of immediate suspension of registration

(1) Energy Safe Victoria may at any time revoke an immediate suspension of a registration under section 33A.

(2) Energy Safe Victoria must revoke an immediate suspension under section 33A if—

(a) Energy Safe Victoria is satisfied that the grounds for the immediate suspension have ceased to exist; or

(b) Energy Safe Victoria decides not to commence an inquiry into the conduct of the electrical contractor under section 34; or

(i) is satisfied that no proper cause exists for taking disciplinary action against the electrical contractor; or

(ii) imposes new conditions on, or varies the conditions of, the registration under section 34(2)(b).

(3) Energy Safe Victoria must, without delay, give written notice to the registered electrical contractor of the revocation of the immediate suspension of the electrical contractor's registration under section 33A.

Disciplinary action

34 Disciplinary action

(1) There is proper cause for taking disciplinary action against a registered electrical contractor if the registered electrical contractor—

(a) has failed to comply with this Act or the regulations; or

(b) has obtained registration under this Division by fraud or misrepresentation or the concealment of facts; or

(c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or

(d) has failed to hold the prescribed insurance; or

(e) has failed to comply with any condition of registration; or

(f) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical installation work; or

(g) has engaged in fraudulent conduct in the carrying out of electrical installation work.

S. 34(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) If, after an inquiry into the conduct of a registered electrical contractor and giving the electrical contractor the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against a registered electrical contractor, Energy Safe Victoria may do one or more of the following—

S. 34(2)(a) repealed by No. 25/2008 s. 4.

(b) impose new conditions on, or vary the conditions of the registration, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction;

(d) cancel the registration, immediately or with effect from a specified later date.

Employees of registered electrical contractor

35 Employees of registered electrical contractor

S. 35(1) amended by No. 13/2025 s. 37.

(1) A registered electrical contractor must keep a register of licensed electrical installation workers who are employed by the contractor.

Penalty: In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

S. 35(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) The register under subsection (1) must be available for inspection at all reasonable times by Energy Safe Victoria.

(3) A registered electrical contractor must not employ a person in the carrying out of any electrical installation work unless the person is—

(a) a licensed electrical installation worker of a particular class related to the contractor's business; or

S. 35(3)(b) amended by No. 24/2006 s. 6.1.2(Sch. 7 item 15).

(b) an apprentice within the meaning of the Education and Training Reform Act 2006 in a trade that involves carrying out electrical installation work of a class related to the contractor's business.

Penalty applying to this subsection—

In the case of a natural person, 50 penalty units;

Electrical contractors not to employ certain persons

36 Electrical contractors not to employ certain persons

(1) A person (the contractor) must not employ a person (the worker) to carry out, in the course of a business carried on by the contractor, electrical installation work that, under the regulations, is a prescribed class of electrical installation work for the purposes of this Division, unless—

(a) the contractor is a registered electrical contractor under this Division; and

(b) the worker is a licensed electrical installation worker under this Part in respect of electrical installation work of that class.

(2) Subsection (1) does not apply to the employment, in the regular course of a business carried on by a person, of a licensed electrical installation worker to carry out electrical installation work of a class in respect of which the worker is licensed only in premises owned or occupied by the employer.

Obligations on registered contractors

37 Obligations on registered contractors

A registered electrical contractor must not permit a person to carry out on the contractor's behalf, or direct a person to carry out, any electrical installation work that does not comply with this Act or the regulations.

Div 2

Licensing of electrical workers

Division 2—Licensing of electrical workers

Electrical workers

38 Electrical workers

A person must not carry out or offer to carry out or hold out that the person carries out or is willing to carry out any class of electrical work that, under the regulations, is a prescribed class of electrical work for the purposes of this Division unless the person is—

(a) licensed under this Division as an electrical installation worker in respect of electrical installation work of that class; or

(b) licensed under this Division as an electrical inspector in respect of electrical inspection work of that class; or

(c) licensed under this Division as an electrical connection worker in respect of electrical connection work of that class; or

(d) licensed under this Division as an electrical equipment worker in respect of electrical equipment work of that class; or

S. 38(da) inserted by No. 4/2020 s. 4(1).

(da) licensed under this Division as an electrical lineworker in respect of electrical linework of that class; or

S. 38(e) amended by No. 57/2009 s. 5.

(e) authorised under an accepted ESMS in respect of electrical work of that class.

Note to s. 38(e) inserted by No. 4/2020 s. 4(2).

Section 120GA prevents an accepted ESMS from authorising certain persons from carrying out certain classes of electrical linework.

S. 39 amended by No. 24/2006 s. 6.1.2(Sch. 7 item 15).

Apprentices deemed to be licensed

39 Apprentices deemed to be licensed

An apprentice within the meaning of the Education and Training Reform Act 2006 in a trade that involves carrying out electrical work is, during the period of the apprenticeship, deemed to be licensed as an electrical worker to carry out electrical work under supervision as prescribed.

Licensing of electrical workers

40 Licensing of electrical workers

S. 40(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(1) Energy Safe Victoria may, in accordance with the regulations, license, or renew the licence of, a natural person as an electrical worker in respect of a specified class of electrical work.

S. 40(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) A licence may be issued or renewed subject to any conditions that Energy Safe Victoria thinks fit, including a condition that it applies to only one class of electrical work.

S. 40(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(3) Energy Safe Victoria may, in accordance with the regulations, vary a licence given under this section.

(4) A licence under this section continues, unless sooner suspended, cancelled or surrendered, for a period of up to 5 years specified in the licence commencing on the date of the issue of the licence or renewal of the licence.

S. 40A inserted by No. 13/2025 s. 47.

40A

Immediate suspension of licence of electrical worker

40A Immediate suspension of licence of electrical worker

(1) Energy Safe Victoria may, by written notice given to an electrical worker, immediately suspend the licence of the electrical worker if Energy Safe Victoria considers that it is in the interests of the public to do so—

(a) if Energy Safe Victoria proposes to commence an inquiry into the conduct of the electrical worker to determine whether there is proper cause for taking disciplinary action against the electrical worker under section 41; or

(b) during an inquiry described in paragraph (a).

(2) Without limiting subsection (1), matters that Energy Safe Victoria may have regard to in deciding whether it is in the interests of the public to immediately suspend the licence under that subsection include—

(a) whether the electrical worker is performing or has performed electrical work that poses—

(i) a risk to the health and safety of any person; or

(ii) a serious risk of significant damage to property; and

(b) whether the electrical worker has been the subject of multiple adverse disciplinary actions by Energy Safe Victoria; and

(3) Energy Safe Victoria may suspend a licence under subsection (1) either wholly or partially in relation to a specified matter.

(4) A notice under subsection (1) must state—

(a) the decision of Energy Safe Victoria to immediately suspend the licence of the electrical worker; and

(b) that the suspension comes into effect on the giving of the notice; and

(d) the reasons for the decision; and

(e) that the electrical worker may apply to the Tribunal under Part 6 for review of the decision.

(5) Energy Safe Victoria must provide detailed reasons for the suspension to the electrical worker in writing within 5 business days after giving the notice to the electrical worker.

(6) A suspension under subsection (1) remains in effect for the period specified in the notice unless—

(a) the suspension is revoked by Energy Safe Victoria; or

(b) the suspension is set aside by the Tribunal on an application for review under Part 6.

S. 40B inserted by No. 13/2025 s. 47.

40B

Revocation of immediate suspension of licence

40B Revocation of immediate suspension of licence

(1) Energy Safe Victoria may at any time revoke an immediate suspension of a licence under section 40A.

(2) Energy Safe Victoria must revoke an immediate suspension under section 40A if—

(a) Energy Safe Victoria is satisfied that the grounds for the immediate suspension have ceased to exist; or

(b) Energy Safe Victoria decides not to commence an inquiry into the conduct of the electrical worker under section 41; or

(i) is satisfied that no proper cause exists for taking disciplinary action against the electrical worker; or

(ii) imposes new conditions on, or varies the conditions of, the licence under section 41(2)(b).

(3) Energy Safe Victoria must, without delay, give written notice to the electrical worker of the revocation of the immediate suspension of the electrical worker's licence under section 40A.

Disciplinary action

41 Disciplinary action

(1) There is proper cause for taking disciplinary action against a licensed electrical worker if the licensed electrical worker—

(a) has failed to comply with this Act or the regulations; or

(b) has obtained a licence under this Division by fraud or misrepresentation or the concealment of facts; or

(c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or

(d) has failed to comply with any condition or restriction on the licence; or

(e) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical work; or

(f) has engaged in fraudulent conduct in the carrying out of electrical work.

S. 41(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) If, after an inquiry into the conduct of a licensed electrical worker and giving the electrical worker the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against the licensed electrical worker, Energy Safe Victoria may do one or more of the following—

S. 41(2)(a) repealed by No. 25/2008 s. 4.

(b) impose new conditions or restrictions on, or vary the conditions or restrictions on the licence, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction;

(d) cancel the licence, immediately or with effect from a specified later date.

Div 3

Electrical installation work

Division 3—Electrical installation work

S. 41A inserted by No. 89/1998 s. 8.

41A

Responsible person

41A Responsible person

In this Division a reference to the person who is responsible for the carrying out of electrical installation work is a reference—

(a) to a registered electrical contractor, if the registered electrical contractor is engaged to carry out the work; or

(b) to a person in a prescribed class of persons, if that person is engaged to carry out the work;

(c) if paragraphs (a) and (b) do not apply and the work is carried out by a licensed electrical installation worker under the supervision of another licensed electrical installation worker, to the licensed electrical installation worker who supervised the work;

(d) if paragraphs (a), (b) and (c) do not apply, to the licensed electrical installation worker who carried out the work.

S. 41B
inserted by No. 38/2000 s. 17, amended by No. 69/2000 s. 23 (ILA s. 39B(1)).

41B

Supervisor deemed to carry out certain work

41B Supervisor deemed to carry out certain work

(1) If, under this Act or the regulations, a licensed electrical installation worker supervises the carrying out of electrical installation work by another person, then, for the purposes of this Division—

(a) the licensed electrical installation worker is deemed to be the person carrying out the work; and

(b) the other person is deemed not to have carried out the work.

S. 41B(2) inserted by No. 69/2000 s. 23.

(2) Subsection (1) does not apply in respect of a licensed electrical installation worker supervising the carrying out of electrical installation work pursuant to the conditions of registration applying to a registered electrical contractor.

Implied conditions relating to electrical installation work

42 Implied conditions relating to electrical installation work

It is an implied condition of each contract entered into by the electrical contractor in relation wholly or partly to any electrical installation work to be carried out by the electrical contractor that the quality of the materials, fittings and apparatus to be used in connection with the electrical installation work and the methods to be followed in carrying out the electrical installation work are in accordance with the regulations.

Safety of electrical installations

43 Safety of electrical installations

S. 43(1) substituted by No. 35/2013 s. 12, amended by No. 13/2025 s. 38(1).

(1) A person must not install any electrical equipment if the person knows or should reasonably be expected to know that—

(a) the electrical equipment is unsafe or will be unsafe if connected to an electricity supply; or

(b) the installation will make any other electrical equipment unsafe if connected to an electricity supply; or

(c) the installation will make a building or structure unsafe if that building or structure is supplied with electricity.

S. 43(1A) inserted by No. 35/2013 s. 12, amended by No. 13/2025 s. 38(2).

(1A) A person must not carry out electrical equipment work if the person knows or should reasonably be expected to know that—

(a) the work will make electrical equipment unsafe if connected to an electricity supply; or

(b) the work will make a building or structure unsafe if that building or structure is supplied with electricity.

(2) The occupier of any premises in which there is any unsafe electrical equipment must—

(a) cause the electrical equipment to be removed from the premises or to be made safe; or

(b) in the case of electrical equipment forming part of an electrical installation, notify the owner of the premises of the unsafe electrical installation.

40 penalty units.

S. 43(3) amended by No. 13/2025 s. 38(3).

(3) An owner of premises who is notified under subsection (2) must cause the electrical installation to be removed from the premises or to be made safe.

(4) A person carrying out electrical installation work must ensure that—

(a) all electrical circuits or electrical equipment handled in the course of that work are disconnected from the electricity supply; or

(b) adequate precautions are taken to prevent electric shock or other injury in the handling of electrical circuits or electrical equipment in the course of that work.

40 penalty units.

S. 43A inserted by No. 59/2011 s. 13.

43A

Safety of electrical installations—building work

43A Safety of electrical installations—building work

S. 43A(1) amended by No. 13/2025 s. 39.

(1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make—

(a) an electrical installation at the premises unsafe; or

(b) a building at the premises unsafe if that premises is supplied with electricity.

building work has the same meaning as in the Building Act 1993.

S. 44 amended by No. 89/1998 s. 9(2) (ILA s. 39B(1)).

Compliance and testing of electrical installation work

44 Compliance and testing of electrical installation work

S. 44(1) amended by No. 13/2025 s. 40(1).

(1) A licensed electrical installation worker must ensure that all electrical installation work carried out by that worker—

(a) complies with this Act and the regulations; and

S. 44(1)(b) amended by No. 89/1998 s. 9(1).

(b) is tested in accordance with and at the intervals required by the regulations before it is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of that work were not disconnected from the electricity supply, before the work is first used after it is completed.

Penalty: 240 penalty units.

S. 44(2) inserted by No. 89/1998 s. 9(2), amended by No. 13/2025 s. 40(2).

(2) A licensed electrical installation worker who carries out electrical installation work must, within 4 business days after the completion of that work—

S. 44(2)(a) amended by No. 61/2007 s. 13(2).

(a) complete and sign a certificate of compliance in respect of that work; and

S. 44(2)(b) amended by No. 61/2007 s. 13(2).

(b) if the worker is not the person responsible for the carrying out of the work, give to the person who is responsible for the carrying out of the work a signed certificate of compliance in respect of that work.

S. 44(3) inserted by No. 89/1998 s. 9(2), amended by Nos 61/2007 s. 13(2), 13/2025 s. 40(3).

(3) A licensed electrical installation worker must not sign a certificate of compliance in relation to any electrical installation work carried out by that worker unless the certificate—

(a) describes the work; and

(b) states that the work complies with this Act and the regulations; and

S. 44(4) inserted by No. 89/1998 s. 9(2), repealed by No. 61/2007 s. 13(3).

Inspection of electrical installation work

45 Inspection of electrical installation work

S. 45(1) amended by Nos 89/1998 s. 10(1), 13/2025 s. 41(1).

(1) A person who is responsible for the carrying out of prescribed electrical installation work must ensure that that work is inspected by a licensed electrical inspector in accordance with the regulations before the electrical installation is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of the work were not disconnected from the electricity supply, before the work is first used after it is completed.

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

S. 45(2) amended by Nos 89/1998 s. 10(2), 13/2025 s. 41(2).

(2) Before an electricity supplier first connects an electrical installation to an electricity supply, the electricity supplier must ensure that a certificate of inspection of the prescribed electrical installation work in relation to that installation has been issued by a licensed electrical inspector in accordance with this section.

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

S. 45(3) inserted by No. 89/1998 s. 10(3), amended by No. 13/2025 s. 41(3).

(3) A licensed electrical inspector who carries out an inspection of prescribed electrical installation work must within 4 business days after the completion of that inspection, give to the person who is responsible for the carrying out of the work a signed certificate of inspection in respect of that work.

S. 45(4) inserted by No. 89/1998 s. 10(3), amended by Nos 25/2008 s. 5, 13/2025 s. 41(4).

(4) A licensed electrical inspector must not sign a certificate of inspection of any prescribed electrical installation work unless the certificate—

(a) describes the work; and

S. 45(4)(b) amended by No. 38/2000 s. 24(a).

(b) states that the inspector has inspected the work; and

(d) contains any other details in relation to the work required by the regulations.

Penalty: 120 penalty units.

S. 45(5) inserted by No. 89/1998 s. 10(3), repealed by No. 61/2007 s. 13(3).

S. 45A inserted by No. 89/1998 s. 11.

45A

Certificates of electrical safety

45A Certificates of electrical safety

S. 45A(1) amended by No. 13/2025 s. 42(1).

(1) The person who is responsible for the carrying out of electrical installation work must in accordance with this section—

(a) ensure that a certificate of electrical safety is completed in respect of that work; and

(b) within the required time—

(i) give the completed certificate of electrical safety in respect of that work to the person for whom the work was carried out; and

S. 45A(1)(b)(ii) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(ii) give a copy of that certificate to Energy Safe Victoria.

(2) A certificate of electrical safety must contain—

(a) a certificate of compliance completed under section 44 for the installation work by the licensed electrical installation worker who carried out the work; and

(b) in the case of prescribed electrical installation work, a certificate of inspection of the installation work completed under section 45 by a licensed electrical inspector.

S. 45A(3) amended by No. 13/2025 s. 42(2).

(3) The person who is responsible for the carrying out of electrical installation work must not give a certificate of electrical safety under subsection (1) unless the certificate form used is a certificate form supplied to that person under section 45B.

S. 45A(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(4) A document is not a certificate of electrical safety unless the certificate form used is a form that has been supplied by Energy Safe Victoria or a person authorised by Energy Safe Victoria.

(5) A certificate of electrical safety may be a periodic certificate covering all electrical installation work (other than prescribed electrical installation work) for which a person is responsible that is carried out within a period of 3 months.

(6) In this section the required time—

(a) in the case of prescribed electrical installation work, is 4 business days after the certificate of inspection of that work is given under section 45(3); and

(b) in the case of electrical installation work under a periodic certificate of electrical safety, is 4 business days after the end of the period of 3 months to which the certificate relates; and

(c) in the case of any other electrical installation work is one month after the certificate of compliance for that work is completed under section 44(2).

S. 45AB (Heading) amended by No. 13/2025 s. 53(Sch. 1 item 2).

S. 45AB inserted by No. 61/2007 s. 14.

45AB Authorised officer may require rectification of non‑compliant electrical installation work

S. 45AB(1) amended by No. 13/2025 s. 53(Sch. 1 item 3).

(1) This section applies if an authorised officer is of the opinion that particular electrical installation work is in breach of any provision of this Act or the regulations applying to that work.

S. 45AB(2) amended by No. 13/2025 s. 53(Sch. 1 item 3).

(2) The authorised officer may give the person who is responsible for the carrying out of electrical installation work a written rectification notice requiring the person to rectify the work to make it comply with the provision of this Act or the regulations that the work does not comply with within the reasonable time specified by the authorised officer.

(3) If a certificate of electrical safety was given in respect of electrical installation work, the person who was responsible for the carrying out of the electrical installation work, and who ensured that the certificate was completed and given under section 45A, must—

(a) ensure that a new certificate of electrical safety is completed and given under that section in respect of the rectified work;
and

S. 45AB(3)(b) amended by No. 13/2025 s. 53(Sch. 1 item 3).

(b) give the authorised officer a copy of that new certificate within a reasonable time specified by the authorised officer.

(4) A person—

S. 45AB(4)(a) amended by No. 13/2025 s. 53(Sch. 1 item 3).

(a) must comply with any requirement made by an authorised officer in a rectification notice; and

(b) must not ask for, or receive, from the person for whom the work was originally carried out (or any agent of that person) any money in respect of any cost arising from anything the person does in complying with a rectification notice.

S. 45AB(5) amended by No. 13/2025 s. 53(Sch. 1 item 3).

(5) The authorised officer must make it clear in a rectification notice in what way the work that needs rectification is non-compliant.

S. 45AB(6) amended by No. 13/2025 s. 53(Sch. 1 item 4).

(6) If a person applies to the Tribunal under section 69 to have the decision to give a rectification notice reviewed, the person need not comply with the notice until the person abandons the application or receives written notice that the Tribunal has affirmed the rectification notice or dismissed the application.

(7) For the purposes of subsection (6), if the time specified to comply with a rectification notice is expressed as a date, the time within which the notice must be complied with is the number of days between that date and the date the notice was given to the person.

S. 45AB(8) amended by No. 13/2025 s. 53(Sch. 1 item 5).

(8) If an authorised officer gives a rectification notice to a person before the person ensures the completion of, and gives, a certificate of electrical safety in accordance with section 45A in respect of electrical installation work, the person must still ensure that a certificate of electrical safety is completed and given in accordance with that section once the rectification work has been completed.

(9) A certificate of electrical safety completed and given as required by subsection (8) must be completed in respect of both the original electrical installation work and the rectified electrical installation work.

S. 45AB(10) amended by No. 13/2025 s. 53(Sch. 1 item 5).

(10) The authorised officer must give a copy of the rectification notice to the person on whose behalf the electrical installation work was carried out.

S. 45B inserted by No. 89/1998 s. 11.

45B

Supply of certificate forms

45B Supply of certificate forms

S. 45B(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(1) Energy Safe Victoria may sell certificate of electrical safety forms to registered electrical contractors and licensed electrical installation workers and prescribed persons.

S. 45B(2) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(2) Energy Safe Victoria may authorise a person to sell certificate of electrical safety forms to registered electrical contractors and licensed electrical installation workers and prescribed persons.

S. 45B(3) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(3) In authorising a person, Energy Safe Victoria may impose any conditions on its authorisation that it thinks appropriate and may change any such condition at any time.

S. 45B(4) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(4) A person authorised by Energy Safe Victoria to sell certificate of electrical safety forms—

(a) must not sell or give a certificate of electrical safety form to a person who is not a registered electrical contractor, a licensed electrical installation worker or prescribed person; and

(b) must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount; and

S. 45B(4)(c) amended by No. 39/2005 s. 48(Sch. 1 item 2).

20 penalty units.

S. 45B(5) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(5) Energy Safe Victoria must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount.

(6) A registered electrical contractor, a licensed electrical installation worker or a prescribed person may authorise a person in writing to buy certificate of electrical safety forms on the contractor's or worker's or prescribed person's behalf.

S. 45B(7) amended by No. 13/2025 s. 43.

(7) A registered electrical contractor, a licensed electrical installation worker or a prescribed person must ensure that only one person has such an authority at any one time.

(8) A reference to a registered electrical contractor or licensed electrical installation worker or a prescribed person in subsection (1), (2), (4) or (5) includes a reference to any person duly authorised by the registered electrical contractor or licensed electrical installation worker or prescribed person under subsection (6).

S. 45B(9) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(9) If—

(a) the registration of an electrical contractor is suspended or cancelled or expires without renewal under this Act; or

(b) the licence of an electrical installation worker is suspended, cancelled or surrendered or expires without renewal under this Act—

the contractor or worker must return all unused certificate of electrical safety forms purchased under this section to Energy Safe Victoria within 14 days after that suspension, cancellation, surrender or expiry.

10 penalty units.

S. 45B(10) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(10) Energy Safe Victoria must refund to an electrical contractor or electrical installation worker the amount paid under this section by the contractor or worker for any forms returned under subsection (9).

S. 45B(11) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(11) If, on the application of a registered electrical contractor, a licensed electrical installation worker or a prescribed person, Energy Safe Victoria is satisfied that a certificate of electrical safety form supplied to the contractor, worker or person under this section is lost or damaged or destroyed, Energy Safe Victoria must provide the contractor, worker or person with a replacement form at no charge.

(12) In this section the authorised amount is—

(a) $20 (or any other amount specified by the regulations) for a certificate of electrical safety form relating to prescribed electrical installation work; or

(b) $500 (or any other amount specified by the regulations) for a periodic certificate of electrical safety form; or

(13) In this section prescribed person means a person in a class of persons prescribed for the purposes of section 41A(b).

Div 4

Installation of electric lines on public land

Division 4—Installation of electric lines on public land

Regulation of installation

46 Regulation of installation

(1) A person must not install, or cause to be installed, an electric line on public land unless—

(a) the electric line is installed by or on behalf of—

S. 46(1)(a)(i) substituted by No. 69/2000 s. 24(1).

(i) a person who is the holder of a licence under section 19 of the Electricity Industry Act 2000, for the purposes of carrying out activities authorised under the licence; or

S. 46(1)(a)(ii) amended by No. 38/2000 s. 24(b), substituted by No. 69/2000 s. 24(1).

(ii) a person who is exempted under the Electricity Industry Act 2000 from holding a licence under section 19 of that Act, for the purposes of carrying out activities authorised to be carried out under the terms of the exemption; or

S. 46(1)(a)(iii) repealed by No. 30/2000 s. 34.

S. 46(1)(a)(iv) substituted by No. 6/2010 s. 203(1)(Sch. 6 item 16.1(a)) (as amended by No. 45/2010 s. 22).

(iv) Victorian Rail Track, within the meaning of section 3 of the Transport Integration Act 2010, for the purposes of its functions or powers under that or any other Act; or

S. 46(1)(a)(iva) inserted by
No. 6/2010 s. 203(1)(Sch. 6 item 16.1(b)) (as amended by No. 45/2010 s. 22).

(iva) V/Line Corporation, within the meaning of section 3 of the Transport Integration Act 2010, for the purposes of its functions or powers under that or any other Act; or

S. 46(1)(a)(v) amended by No. 49/2019 s. 186(Sch. 4 item 16.2).

(v) the Head, Transport for Victoria, for the purposes of its functions or powers under any Act; or

S. 46(1)(a)(vi) amended by No. 2/2014 s. 5.

(vi) a Council for the purposes of its functions or powers under any Act; or

S. 46(1)(a)(vii) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(vii) Energy Safe Victoria, for the purposes of its functions or powers under any Act; or

(b) the electric line is installed for the purpose of conveying electricity supplied by a person referred to in paragraph (a)(i) or (ii) from a common metering point or distribution point to lots on a plan of subdivision under the Subdivision Act 1988 or to parts of any premises which are separately occupied; or

S. 46(2) repealed by No. 69/2000 s. 24(2).

S. 46(3) amended by No. 89/1998 s. 12.

(3) The owner of an electric line installed in contravention of this section must ensure that the electric line is not at any time connected to a supply network.

(4) A person must not knowingly use an electric line installed in contravention of this section.

Exemption

47 Exemption

S. 47(1) amended by No. 69/2000 s. 22(2).

(1) The Governor in Council may, by Order published in the Government Gazette, exempt a person from compliance with section 46 in respect of an activity specified in the Order.

(2) An exemption may be of general or specific application.

(3) An exemption is subject to such terms and conditions as are specified in the Order including a condition requiring—

(a) the consent of the owner of any property that may be affected by the activities to which the exemption relates; and

S. 47(3)(b) amended by No. 69/2000 s. 25.

(b) unless inconsistent with any obligation of the distribution company under a licence under the Electricity Industry Act 2000, the consent of the distribution company to whose supply network the electric line is to be connected.

(4) A person to whom an Order under this section applies must comply with the terms and conditions to which the operation of the Order is subject.

Division not to affect operation of other requirements

48 Division not to affect operation of other requirements

Nothing in this Division affects the operation of any other provision of this Act or of any other Act or law applying to or in relation to the installation or use of an electric line.

Transitional

49 Transitional

An Order made under the Electric Light and Power Act 1958 or a corresponding previous enactment relating to the installation of an electric line beyond the limits of any private premises and in force immediately before the commencement of this section has effect, unless revoked under this Division, as an exemption given under this Division.

Part 4

Electrical equipment

Part 4—Electrical equipment

Pt 4 Div. 1 (Heading and new ss 50–55) inserted by No. 43/2018 s. 7.

Division 1—Preliminary

New s. 50 inserted by No. 43/2018 s. 7.

Definitions

50 Definitions

alternative mark means a mark approved by Energy Safe Victoria under section 62W;

certificate of conformity means a certificate that has the same meaning given by section 62C and is issued by—

(b) a regulatory authority; or

certificate of suitability means a certificate that has the same meaning given by section 56 and is issued by—

(b) a regulatory authority; or

chief executive means the chief executive responsible for the administration of the Electrical Safety Act 2002 of Queensland;

controlled electrical equipment means electrical equipment declared under section 55;

corresponding law means a law declared under section 51;

external certifier means a person or body approved by a regulatory authority under a corresponding law to issue a certificate of conformity or a certificate of suitability;

group means items or components of in‑scope electrical equipment that—

(a) have the same basic electrical characteristics and material composition but may differ in dimension, colour or other aspects; and

(b) in respect to the relevant standard for the type of in-scope electrical equipment, one or more related test reports apply to the items or components;

in-scope electrical equipment means electrical equipment that—

(a) operates at or within a prescribed voltage range; and

(b) is designed or marketed as suitable for household, personal or similar use—

but does not include electrical equipment of a type that is declared under section 53 not to be in-scope electrical equipment;

level 1 in-scope electrical equipment means in‑scope electrical equipment that is prescribed to have a level 1 risk level (low risk);

level 2 in-scope electrical equipment means in‑scope electrical equipment that is prescribed to have a level 2 risk level (medium risk);

level 3 in-scope electrical equipment means in‑scope electrical equipment that is prescribed to have a level 3 risk level (high risk);

NZ body corporate means a body corporate registered under Part 2 of the Companies Act 1993 of New Zealand;

prohibition notice means a notice issued under section 63;

recall notice means a notice issued under section 65;

Register means the national register established under section 48D of the Electrical Safety Act 2002 of Queensland;

registered responsible supplier means a responsible supplier who is registered in the Register;

regulatory authority means a person or body that under a corresponding law of another jurisdiction is responsible for the monitoring or enforcement of compliance with that law within that jurisdiction;

regulatory compliance mark means a mark—

(a) that conforms with a prescribed standard; and

(b) is applied in accordance with a prescribed standard;

related body corporate has the same meaning as in section 50 of the Corporations Act;

relevant standard means a standard prescribed to apply to a type of in‑scope electrical equipment;

responsible supplier means a person who—

(a) manufactures in-scope electrical equipment in Australia or New Zealand, that is supplied or is offered for supply in Victoria; or

(b) imports in-scope electrical equipment into Australia or New Zealand, that is supplied or offered for supply in Victoria;

second-hand dealer has the meaning it has in the Second-Hand Dealers and Pawnbrokers Act 1989;

second-hand equipment means electrical equipment that has previously been supplied or sold, other than by wholesale, but does not include electrical equipment—

(a) acquired by the person for the purpose of using the equipment for a process of production or manufacture; or

(b) acquired by a person (other than a second-hand dealer) for the purpose of re-supply; or

New s. 51 inserted by No. 43/2018 s. 7.

Minister may declare corresponding law

51 Minister may declare corresponding law

(1) The Minister may, by notice in the Government Gazette, declare a law of another State or a Territory or of New Zealand to be a corresponding law.

(2) The Minister may make a declaration under subsection (1) if the law—

(a) is a law relating to the supply of electrical equipment; and

(b) substantially corresponds to this Part.

New s. 52 inserted by No. 43/2018 s. 7.

No double jeopardy

52 No double jeopardy

A person is not liable to be punished for an act or omission that is an offence against this Part if—

(a) the act or omission is also an offence against a corresponding law; and

(b) the person has been punished for the offence under the corresponding law.

New s. 53 inserted by No. 43/2018 s. 7.

Declaration of electrical equipment to not be in‑scope electrical equipment

53 Declaration of electrical equipment to not be in‑scope electrical equipment

(1) Energy Safe Victoria, by notice published in the Government Gazette, may declare an item, type or component of electrical equipment not to be in‑scope electrical equipment.

(2) A declaration under subsection (1) must be published in the Government Gazette.

New s. 54 inserted by No. 43/2018 s. 7.

Standards for electrical equipment that is not in‑scope electrical equipment

54 Standards for electrical equipment that is not in‑scope electrical equipment

A person must not supply or offer to supply electrical equipment that is not in-scope electrical equipment unless the electrical equipment—

(a) satisfies the standard prescribed for electrical equipment of the type of electrical equipment to which it belongs; and

(b) is safe to be connected to an electricity supply.

New s. 55 inserted by No. 43/2018 s. 7.

Declaration of electrical equipment to be controlled electrical equipment

55 Declaration of electrical equipment to be controlled electrical equipment

(1) Energy Safe Victoria may declare that an item, description, type or component of electrical equipment, that is not in-scope electrical equipment, is controlled electrical equipment.

(2) A declaration made under subsection (1) takes effect on the date specified in the notice.

(3) A person must not supply or offer to supply controlled electrical equipment unless the electrical equipment—

(a) is the subject of a certificate of conformity issued by Energy Safe Victoria that has not expired or been cancelled or suspended and is marked as prescribed; or

(b) is the subject of a certificate of conformity issued by a regulatory authority that has not expired or been cancelled or suspended and is marked as prescribed; or

(c) is the subject of a certificate of conformity issued by an external certifier that has not expired or been cancelled or suspended and is marked as prescribed.

Pt 4 Div. 2 (Heading and ss 56–62B) inserted by No. 43/2018 s. 7.

Division 2—Certificate of suitability

New s. 56 inserted by No. 43/2018 s. 7.

Meaning of certificate of suitability

56 Meaning of certificate of suitability

A certificate of suitability means a certificate certifying that the relevant—

(a) level 1 in-scope electrical equipment is safe to use, safe to supply and satisfies the relevant standard; or

(b) level 2 in-scope electrical equipment is safe to use, safe to supply and satisfies the relevant standard; or

(c) electrical equipment, that is not controlled electrical equipment or in‑scope electrical equipment, is safe to use, safe to supply and satisfies the standard prescribed for that electrical equipment.

New s. 57 inserted by No. 43/2018 s. 7.

Application for certificate of suitability of electrical equipment

57 Application for certificate of suitability of electrical equipment

(1) A person may apply to Energy Safe Victoria for a certificate of suitability in relation to—

(a) an item, group or component of level 1 in-scope electrical equipment; or

(b) an item, group or component of level 2 in-scope electrical equipment; or

(c) an item, group or component of electrical equipment, that is not controlled electrical equipment or in‑scope electrical equipment.

(a) be accompanied—

(i) by a test report from an approved laboratory; and

(ii) by a sample of the electrical equipment or colour images showing the internal and external construction of the electrical equipment; and

(iii) by technical documentation which adequately describes the electrical equipment; and

(b) be accompanied by the prescribed fee (if any); and

(3) Energy Safe Victoria may require the applicant to provide—

(a) a sample of the electrical equipment if colour images provided are not adequate; or

(b) additional information about the electrical equipment.

(4) Energy Safe Victoria may exempt the applicant from the requirement to provide any of the items referred to in subsection (2)(a) or (b) if Energy Safe Victoria is of the opinion that it is not necessary for any of those items to be provided.

New s. 58 inserted by No. 43/2018 s. 7.

Consideration of application for certificate of suitability

58 Consideration of application for certificate of suitability

(1) After considering an application made under section 57, Energy Safe Victoria must—

(a) issue a certificate of suitability; or

(b) issue a certificate of suitability subject to the carrying out of any specified modifications; or

(2) If Energy Safe Victoria makes a decision under subsection (1)(b), the certificate does not apply to the electrical equipment unless those modifications are made.

(3) If Energy Safe Victoria makes a decision under subsection (1)(c), Energy Safe Victoria must notify the applicant in writing of that decision and provide reasons for the decision.

New s. 59 inserted by No. 43/2018 s. 7.

Term of certificate of suitability

59 Term of certificate of suitability

A certificate of suitability is issued for the term, not exceeding 5 years, specified in the certificate unless it is sooner suspended or cancelled.

New s. 60 inserted by No. 43/2018 s. 7.

Variation of certificate of suitability

60 Variation of certificate of suitability

(1) The holder of a certificate of suitability issued by Energy Safe Victoria may apply to Energy Safe Victoria to vary the certificate.

(2) Energy Safe Victoria may vary a certificate of suitability it has issued—

(a) on the application of the holder of the certificate of suitability under subsection (1); or

(b) of its own motion.

New s. 61 inserted by No. 43/2018 s. 7.

Suspension of certificate of suitability

61 Suspension of certificate of suitability

(1) Energy Safe Victoria may, by written notice given to the holder of a certificate of suitability it has issued, suspend the certificate for a specified period if Energy Safe Victoria is of the opinion that—

(a) in the case of a certificate issued in respect of level 1 in-scope electrical equipment—

(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment; or

(b) in the case of a certificate issued in respect of level 2 in-scope electrical equipment—

(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment; or

(c) in the case of a certificate issued in respect of an item, group or component of electrical equipment that is not controlled electrical equipment or in‑scope electrical equipment—

(i) the electrical equipment no longer satisfies the standard prescribed that applies to the electrical equipment; or

(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.

(2) The suspension of a certificate of suitability takes effect on the service of the notice.

(3) Energy Safe Victoria must lift the suspension of a certificate of suitability immediately, if Energy Safe Victoria is satisfied that the grounds for the suspension no longer exist.

New s. 62 inserted by No. 43/2018 s. 7.

Cancellation of certificate of suitability

62 Cancellation of certificate of suitability

(1) Energy Safe Victoria may at any time cancel a certificate of suitability it has issued, by giving written notice to the person to whom the certificate of suitability was issued.

(2) The notice must state—

(a) the reasons for the cancellation of the certificate of suitability; and

(b) the date of the cancellation of the certificate of suitability.

(3) A copy of a notice under subsection (1) must be published on Energy Safe Victoria's Internet site.

S. 62A inserted by No. 43/2018 s. 7.

62A Certificate of suitability issued by regulatory authority or an external certifier taken to be issued by Energy Safe Victoria

For the purposes of section 62B, a current certificate of suitability or a certificate that certifies similar matters issued by a regulatory authority or an external certifier is taken to be a certificate of suitability issued by Energy Safe Victoria.

S. 62B inserted by No. 43/2018 s. 7.

62B

Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria

62B Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria

(1) Energy Safe Victoria, by written notice given to the holder of a certificate of suitability, may suspend the certificate of suitability issued by a regulatory authority or an external certifier for a specified period if Energy Safe Victoria is of the opinion the electrical equipment in respect of which the certificate of suitability was issued—

(a) does not satisfy the relevant standard or the standard prescribed; or

(b) is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.

(2) A suspension under subsection (1) may be made in respect of—

(a) an item, group or component of level 1 in‑scope electrical equipment; or

(b) an item, group or component of level 2 in‑scope electrical equipment; or

(c) an item, group or component of electrical equipment, that is not controlled electrical equipment or in‑scope electrical equipment.

(3) If a certificate of suitability is suspended under subsection (1), Energy Safe Victoria must notify the regulatory authority or the external certifier that issued the certificate of suitability of that suspension.

(4) If Energy Safe Victoria is of the opinion that the reason for the suspension of a certificate of suitability no longer exists, Energy Safe Victoria must lift the suspension immediately.

Pt 4 Div. 3 (Heading and ss 62C–62M) inserted by No. 43/2018 s. 7.

Division 3—Certificate of conformity

S. 62C inserted by No. 43/2018 s. 7.

62C

Meaning of certificate of conformity

62C Meaning of certificate of conformity

A certificate of conformity means a certificate certifying that the relevant—

(a) controlled electrical equipment is safe to use, safe to supply and satisfies the standard prescribed that applies to that electrical equipment; or

(b) level 3 in-scope electrical equipment is safe to use, safe to supply and satisfies the relevant standard that applies to that electrical equipment.

S. 62D inserted by No. 43/2018 s. 7.

62D

Application for certificate of conformity

62D Application for certificate of conformity

(1) A person may apply to Energy Safe Victoria for a certificate of conformity in relation to—

(a) an item, group or component of controlled electrical equipment; or

(b) an item, group or component of level 3 in‑scope electrical equipment.

(a) be accompanied—

(i) by a test report from an approved laboratory; and

(ii) by a sample of the electrical equipment or colour images showing the internal and external construction of the electrical equipment; and

(iii) by technical documentation which adequately describes the electrical equipment; and

(b) be accompanied by the prescribed fee (if any).

(3) Energy Safe Victoria may require the applicant to provide—

(a) a sample of the electrical equipment if the colour images provided are not adequate; or

(b) additional information about the electrical equipment.

S. 62E inserted by No. 43/2018 s. 7.

62E

Consideration of application for a certificate of conformity

62E Consideration of application for a certificate of conformity

(1) After considering an application made under section 62D, Energy Safe Victoria must—

(a) issue a certificate of conformity; or

(b) issue a certificate of conformity subject to the carrying out of any specified modifications; or

(2) If Energy Safe Victoria makes a decision under subsection (1)(b), the certificate does not apply to the controlled electrical equipment or the level 3 in-scope electrical equipment unless those modifications are made.

(3) If Energy Safe Victoria makes a decision under subsection (1)(c), Energy Safe Victoria must notify the applicant in writing of that decision and provide reasons for the decision.

S. 62F inserted by No. 43/2018 s. 7.

62F

Term of certificate of conformity

62F Term of certificate of conformity

A certificate of conformity is issued for the term, not exceeding 5 years, specified in the certificate unless it is sooner suspended or cancelled.

S. 62G inserted by No. 43/2018 s. 7.

62G

Variation of certificate of conformity

62G Variation of certificate of conformity

(1) The holder of a certificate of conformity issued by Energy Safe Victoria may apply to Energy Safe Victoria to vary the certificate.

(2) Energy Safe Victoria may vary a certificate of conformity—

(a) on the application of the holder of the certificate of conformity under subsection (1); or

(b) of its own motion; or

(c) on being satisfied that the modifications required by a notice given under section 62J(1) have been made to the electrical equipment that is the subject of the certificate of conformity.

S. 62H inserted by No. 43/2018 s. 7.

62H

Re-examination

62H Re-examination

Energy Safe Victoria may at any time require any controlled electrical equipment or level 3 in-scope electrical equipment that is the subject of a certificate of conformity it has issued to be re‑examined or tested by Energy Safe Victoria.

S. 62I inserted by No. 43/2018 s. 7.

62I

Suspension of certificate of conformity

62I Suspension of certificate of conformity

(1) Energy Safe Victoria may, by written notice given to the holder of a certificate, suspend a certificate of conformity it has issued if Energy Safe Victoria is of the opinion that—

(a) in the case of controlled electrical equipment—

(i) the electrical equipment no longer satisfies the standard prescribed that applies to the electrical equipment; or

(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment; or

(b) in the case of level 3 in-scope electrical equipment—

(ii) the electrical equipment is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.

(2) The suspension of a certificate of conformity takes effect on the service of the notice.

(3) Energy Safe Victoria must lift the suspension of a certificate of conformity immediately, if Energy Safe Victoria is satisfied—

(a) that the grounds for the suspension no longer exist; and

(b) any modifications required by a notice given under section 62J(1) have been made.

S. 62J inserted by No. 43/2018 s. 7.

62J

Modifications after issue of certificate of conformity

62J Modifications after issue of certificate of conformity

(1) If a certificate of conformity is suspended under section 62I, Energy Safe Victoria may, by written notice given to the holder of the certificate, require that modifications be made to the equipment that is the subject of the certificate.

(2) A person to whom a notice is given under subsection (1) must not supply or offer to supply the electrical equipment that is the subject of the certificate of conformity unless the suspension of the certificate has been lifted in accordance with section 62I(3).

S. 62K inserted by No. 43/2018 s. 7.

62K

Cancellation of certificate of conformity

62K Cancellation of certificate of conformity

(1) Energy Safe Victoria may at any time cancel a certificate of conformity it has issued, by written notice given to the person to whom the certificate of conformity was issued.

(2) The notice must state the reasons for the cancellation of the certificate of conformity.

(3) A copy of a notice under subsection (1) must be published on Energy Safe Victoria's Internet site.

S. 62L inserted by No. 43/2018 s. 7.

62L Certificate of conformity issued by regulatory authority or an external certifier—taken to be issued by Energy Safe Victoria

For the purposes of section 62M, a current certificate of conformity issued by a regulatory authority or an external certifier is taken to be a certificate of conformity issued by Energy Safe Victoria.

S. 62M inserted by No. 43/2018 s. 7.

62M

Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria

62M Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria

(1) Energy Safe Victoria, by written notice given to the holder of a certificate of conformity, may suspend a certificate of conformity issued by a regulatory authority or an external certifier for a specified period if Energy Safe Victoria is of the opinion that the electrical equipment in respect of which the certificate of conformity was issued—

(a) does not satisfy the relevant standard or the standard prescribed; or

(b) is or is likely to become dangerous in normal use as a result of the design or construction of the electrical equipment.

(2) A suspension under subsection (1) may be made in respect of—

(a) an item, group or component of controlled electrical equipment; or

(b) an item, group or component of level 3 in‑scope electrical equipment.

(3) If a certificate of conformity is suspended under subsection (1), Energy Safe Victoria must notify the regulatory authority or the external certifier that issued the certificate of conformity of that suspension.

(4) If Energy Safe Victoria is of the opinion that the reason for the suspension of a certificate of conformity no longer exists, Energy Safe Victoria must lift the suspension immediately.

Pt 4 Div. 4 (Heading and ss 62N–62V) inserted by No. 43/2018 s. 7.

Division 4—Registration of responsible supplier

S. 62N inserted by No. 43/2018 s. 7.

62N

Responsible supplier in Victoria registered in the Register

62N Responsible supplier in Victoria registered in the Register

(1) A responsible supplier who is registered in the Register is taken to be a registered responsible supplier for the purposes of this Part.

(2) Subsection (1) does not apply to a responsible supplier whose registration has been cancelled under section 62U.

(3) If a responsible supplier has registered in the Register level 2 in-scope electrical equipment or level 3 in-scope electrical equipment, the responsible supplier is taken to have registered that electrical equipment for the purposes of this Part.

S. 62O inserted by No. 43/2018 s. 7.

62O

Recording, amendment or removal of a matter on the Register

62O Recording, amendment or removal of a matter on the Register

Energy Safe Victoria may request that the chief executive—

(a) amend or remove a matter that appears on the Register; or

(b) record a matter in the Register.

S. 62P inserted by No. 43/2018 s. 7.

62P

Application for exemption of registered responsible supplier or in-scope electrical equipment

62P Application for exemption of registered responsible supplier or in-scope electrical equipment

(1) A person may apply to Energy Safe Victoria for an exemption under section 62Q in relation to—

(a) an item of in-scope electrical equipment; or

(b) a type of in-scope electrical equipment; or

(d) a group of in-scope electrical equipment; or

(e) a requirement that applies to a responsible supplier under section 67B(2), 67C(2) or 67D(2).

(a) contain details of—

(i) the exemption requested; and

(ii) the reasons for the exemption; and

(iii) the applicant's name, telephone number, business and postal address; and

(b) be accompanied by any relevant technical information.

S. 62Q inserted by No. 43/2018 s. 7.

62Q

Exemption for registered responsible supplier or in‑scope electrical equipment

62Q Exemption for registered responsible supplier or in‑scope electrical equipment

(1) Energy Safe Victoria may, by notice published in the Government Gazette, exempt a type of in‑scope electrical equipment from—

(a) a requirement of a relevant standard; or

(b) a requirement related to the regulatory compliance mark.

(2) Energy Safe Victoria may, by notice in writing given to an applicant under section 62P, exempt in-scope electrical equipment registered to a registered responsible supplier from—

(a) a requirement of a relevant standard; or

(b) a requirement related to the regulatory compliance mark.

(3) Energy Safe Victoria may, by notice in writing given to an applicant under section 62P, exempt a responsible supplier from a requirement to supply—

(a) the relevant documentary evidence referred to in section 67B(2); or

(b) the relevant documentary evidence or a certificate of suitability referred to in section 67C(2); or

(4) Energy Safe Victoria may grant an exemption—

(a) on the application of a person under section 62P; or

(b) of its own motion.

(5) Energy Safe Victoria may impose any conditions that must be complied with to maintain an exemption granted under subsection (1), (2) or (3).

(6) Energy Safe Victoria may, at any time, by notice published in the Government Gazette, vary or revoke an exemption.

(7) If an exemption has been granted on application by a person under section 62P, Energy Safe Victoria must notify the applicant in writing of any variation or revocation of the exemption.

(8) An exemption granted by a regulatory authority under a corresponding law for a matter that substantially corresponds to a matter referred to in subsection (1), (2) or (3) is taken to be an exemption granted by ESV.

S. 62R inserted by No. 43/2018 s. 7.

62R

Grounds for cancellation of registration of responsible supplier

62R Grounds for cancellation of registration of responsible supplier

(1) This section applies to a registered responsible supplier who supplies or offers to supply or supplied in-scope electrical equipment in Victoria.

(2) The grounds for which Energy Safe Victoria may cancel the registration of the registered responsible supplier are any of the following—

(a) the registered responsible supplier requests cancellation of their registration;

(b) the registered responsible supplier has been convicted of an offence against this Part or the regulations applying under this Part;

(d) the registered responsible supplier obtained registration in the Register by fraud or misrepresentation or the concealment of facts or making a false declaration;

(e) the registration of level 2 in-scope electrical equipment or level 3 in-scope electrical equipment registered by the registered responsible supplier is cancelled under section 62U.

S. 62S inserted by No. 43/2018 s. 7.

62S Grounds for cancellation of registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment

(1) This section applies to level 2 in-scope electrical equipment or level 3 in-scope electrical equipment registered to a registered responsible supplier if that equipment is supplied or offered for supply or was previously supplied or previously offered for supply in Victoria by the registered responsible supplier.

(2) Energy Safe Victoria may cancel the registration of electrical equipment to which this section applies on any of the following grounds—

(a) the registered responsible supplier requests cancellation of the registration of the relevant equipment;

(b) the registered responsible supplier is convicted of an offence against this Part or the regulations applying under this Part;

(d) the registered responsible supplier registered the relevant equipment by fraud or misrepresentation or the concealment of facts or making a false declaration;

(e) the electrical equipment—

(i) did not satisfy the relevant standard at the time that the electrical equipment was registered to the registered responsible supplier; or

(ii) no longer satisfies the relevant standard that applies to that kind of electrical equipment; or

(iii) is the subject of a certificate of suitability or a certificate of conformity that is suspended, has been cancelled or has expired; or

(iv) is or is likely to become dangerous in normal use.

S. 62T inserted by No. 43/2018 s. 7.

62T

Show cause notice

62T Show cause notice

(1) Energy Safe Victoria may, by post, serve a registered responsible supplier a written notice requiring the registered responsible supplier to show cause why the relevant registration should not be cancelled if Energy Safe Victoria believes—

(a) a ground under section 62R exists; or

(b) a ground under section 62S exists in relation to the registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment.

See section 49 of the Interpretation of Legislation Act 1984 for service by post.

(2) A notice served under subsection (1) must—

(a) state each ground in respect of which Energy Safe Victoria has formed the opinion that a ground exists under section 62R or 62S to cancel the relevant registration; and

(b) specify the facts and circumstances that Energy Safe Victoria believes form the basis of the ground; and

(c) state the time period within which the registered responsible supplier must respond, that time period being not less than—

(i) in the case of the registration of a responsible supplier—28 days from the date of service of the notice; or

(ii) in the case of the registration of equipment—14 days from the date of service of the notice; and

(d) state the consequences for the registered responsible supplier of not responding to the notice.

S. 62U inserted by No. 43/2018 s. 7.

62U

Cancellation of registration by Energy Safe Victoria

62U Cancellation of registration by Energy Safe Victoria

(1) Energy Safe Victoria may do one of or a combination of the following—

(a) cancel the registration of a registered responsible supplier;

(b) cancel the registration of level 2 in‑scope electrical equipment registered to a registered responsible supplier;

(2) Before making a decision under subsection (1) to cancel a registration, Energy Safe Victoria must—

(a) serve on the registered responsible supplier a show cause notice under section 62T(1); and

(b) consider—

(i) each submission made by the registered responsible supplier in response to the show cause notice; and

(ii) any reasons given by the registered responsible supplier why the registration should not be cancelled.

(3) On the cancellation of the registration—

(a) under subsection (1)(a)—the responsible supplier ceases to be registered for the purposes of this Part; or

(b) under subsection (1)(b)—the level 2 in‑scope electrical equipment ceases to be registered for the purposes of this Part; or

(c) under subsection (1)(c)—the level 3 in‑scope electrical equipment ceases to be registered for the purposes of this Part.

(4) If Energy Safe Victoria makes a decision under subsection (1), Energy Safe Victoria must notify the cancellation to—

(a) the registered responsible supplier; and

(b) the chief executive.

S. 62V inserted by No. 43/2018 s. 7.

62V

Evidence of registration and registered matters

62V Evidence of registration and registered matters

(1) A certificate that appears to be signed by the chief executive and states a matter that appears in the Register, is evidence of the matter.

(2) A certificate under subsection (1) may state a matter by reference to a date or period.

(3) A court must accept a certificate mentioned in this section as proof of the matters stated in it if there is no evidence to the contrary.

Pt 4 Div. 5 (Heading and s. 62W) inserted by No. 43/2018 s. 7.

Div 5

Alternative mark to regulatory compliance mark

Division 5—Alternative mark to regulatory compliance mark

S. 62W inserted by No. 43/2018 s. 7.

62W

Approval of alternative mark to regulatory compliance mark

62W Approval of alternative mark to regulatory compliance mark

Energy Safe Victoria may approve an alternative mark for in-scope electrical equipment if Energy Safe Victoria believes the regulatory compliance mark applying to that in-scope electrical equipment is not appropriate in the circumstances.

S. 50 repealed by No. 46/2014 s. 9.

S. 51 amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 46/2014 s. 9.

Ss 52, 53 repealed by No. 46/2014 s. 9.

S. 54 amended by Nos 38/2000 s. 18(a), 39/2005 s. 48(Sch. 1 item 2), 59/2008 s. 41(1), repealed by No. 43/2018 s. 6.

S. 55 amended by Nos 38/2000 s. 24(c), 39/2005 s. 48(Sch. 1 item 3), repealed by No. 43/2018 s. 6.

S. 56 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2, 4), repealed by No. 59/2008 s. 41(2).

S. 57 amended by Nos 38/2000 s. 18(b), 39/2005 s. 48(Sch. 1 items 1, 2), repealed by No. 43/2018 s. 6.

S. 58 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2), repealed by No. 43/2018 s. 6.

S. 59 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2), repealed by No. 43/2018 s. 6.

S. 60 amended by Nos 38/2000 s. 18(c), 39/2005 s. 48(Sch. 1 item 1), repealed by No. 43/2018 s. 6.

S. 61 substituted by No. 39/2005 s. 48(Sch. 1 item 5), repealed by No. 43/2018 s. 6.

S. 62 amended by No. 39/2005 s. 48(Sch. 1 item 1), repealed by No. 43/2018 s. 6.

Pt 4 Div. 6 (Heading) inserted by No. 43/2018 s. 8.

Div 6

Prohibition of supply and recall of electrical equipment

Division 6—Prohibition of supply and recall of electrical equipment

Prohibition of supply of electrical equipment

63 Prohibition of supply of electrical equipment

S. 63(1) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(1) Energy Safe Victoria, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply of specified electrical equipment or electrical equipment of a specified class from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice.

S. 63(2) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(2) Energy Safe Victoria, by notice in writing given to a person, may prohibit that person from supplying specified electrical equipment or electrical equipment of a specified class from the date of the notice or such later date as is specified in the notice.

S. 63(3) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2), substituted by No. 43/2018 s. 9(a).

(3) Energy Safe Victoria may exercise a power of prohibition under this section if Energy Safe Victoria has reasonable grounds to believe that—

(a) in the case of in-scope electrical equipment—the electrical equipment does not satisfy the relevant standard; or

(b) in the case of electrical equipment that is not in-scope electrical equipment—the electrical equipment does not satisfy the standard prescribed in respect of that electrical equipment; or

(c) in any case—the specified electrical equipment is likely to become unsafe to use because of its design or construction.

S. 63(4) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(4) Energy Safe Victoria may withdraw a prohibition made under subsection (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State.

S. 63(5) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(5) Energy Safe Victoria may withdraw a prohibition made under subsection (2) by notice given to the person to whom the prohibition was given.

S. 63(6) amended by No. 39/2005 s. 48(Sch. 1 item 2), substituted by No. 43/2018 s. 9(b).

(6) This section applies whether or not the electrical equipment was—

(a) controlled electrical equipment; or

(b) issued with a certificate of suitability; or

(d) issued a certificate by a regulatory authority; or

(e) issued a certificate by an external certifier.

Offence to disobey prohibition

64 Offence to disobey prohibition

A person must not, while a prohibition under section 63 remains in force, do anything prohibited by that prohibition.

In the case of a natural person, 200 penalty units or 2 years imprisonment or both;

Recall of electrical equipment

65 Recall of electrical equipment

S. 65(1) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2).

(1) Energy Safe Victoria may make a requirement under this section only if it appears to Energy Safe Victoria that—

(a) particular electrical equipment, or a particular class of electrical equipment, is, or is likely to become, by reason of its design or construction, unsafe to use; or

S. 65(1)(b) substituted by No. 1/2017 s. 11(1).

(b) specific action is necessary—

(i) to make particular electrical equipment, or a particular class of electrical equipment, safe to use; or

(ii) to render safe the use of particular electrical equipment or a particular class of electrical equipment; or

S. 65(1)(c) inserted by No. 1/2017 s. 11(1).

(c) particular electrical equipment, or a particular class of electrical equipment, does not comply with the minimum standards prescribed for that equipment or for equipment of that class.

S. 65(2) amended by Nos 38/2000 s. 24(d), 39/2005 s. 48(Sch. 1 item 1), substituted by No. 1/2017 s. 11(2).

(2) Energy Safe Victoria, by written notice served on a person to whom this section applies, may require the person to take, within the period specified in the notice, the action specified in the notice in relation to the particular electrical equipment or electrical equipment of a particular class specified in the notice.

S. 65(2A) inserted by No. 1/2017 s. 11(2).

(2A) This section applies to a person—

(a) who supplies or has supplied electrical equipment in the course of the person's business; and

(b) who has supplied—

(i) the particular electrical equipment specified in the notice; or

(ii) electrical equipment of a particular class specified in the notice.

Example

Company A was in the business of supplying electrical equipment. Company A then ceased supplying electrical equipment. Energy Safe Victoria may issue a notice to Company A under this section in respect of electrical equipment it supplied in the course of its business.

S. 65(3) amended by No. 1/2017 s. 11(3)(a).

(3) The action specified in the notice may consist of or include any of the following actions in relation to the particular electrical equipment specified in the notice, or electrical equipment of a particular class specified in the notice—

(a) sending a written request to the person to whom the electrical equipment, or equipment of the same class, was supplied to return the equipment to the place at which it was supplied;

S. 65(3)(b) amended by No. 39/2005 s. 48(Sch. 1 item 6).

(b) placing an advertisement requesting all persons to whom electrical equipment of that class was supplied to return the equipment to the place at which it was supplied;

S. 65(3)(c) amended by No. 1/2017 s. 11(3)(b).

(c) making the equipment or equipment of that class safe to use or rendering safe the use of that equipment in the manner specified in the notice;

S. 65(3)(d) inserted by No. 1/2017 s. 11(3)(c).

(d) carrying out inspections and tests on that electrical equipment or equipment of that class;

S. 65(3)(e) inserted by No. 1/2017 s. 11(3)(c).

(e) rectifying that electrical equipment, or equipment of that class, so it complies with a specified standard;

S. 65(3)(f) inserted by No. 1/2017 s. 11(3)(c).

(f) repairing or replacing that electrical equipment or equipment of that class;

S. 65(3)(g) inserted by No. 1/2017 s. 11(3)(c).

(g) arranging for the disconnection from the supply of electricity of that electrical equipment or equipment of that class;

S. 65(3)(h) inserted by No. 1/2017 s. 11(3)(c).

(h) modifying premises on which that electrical equipment, or equipment of that class, is used or installed so the equipment is safe to use;

S. 65(3)(i) inserted by No. 1/2017 s. 11(3)(c).

(i) affixing warning labels to—

(i) that electrical equipment or equipment of that class; or

(ii) the premises on which that electrical equipment, or equipment of that class, is used or installed;

S. 65(3)(j) inserted by No. 1/2017 s. 11(3)(c).

(j) giving specified information to owners of premises on which that electrical equipment, or equipment of that class, is used or installed;

S. 65(3)(k) inserted by No. 1/2017 s. 11(3)(c).

(k) giving specified information to occupiers of premises on which that electrical equipment, or equipment of that class, is used or installed;

S. 65(3)(l) inserted by No. 1/2017 s. 11(3)(c).

(l) placing an advertisement containing specified information in a specified publication that is not a newspaper;

S. 65(3)(m) inserted by No. 1/2017 s. 11(3)(c).

(m) publishing specified information on the person's Internet site.

S. 65(3A) inserted by No. 39/2005 s. 48(Sch. 1 item 7).

(3A) An advertisement referred to in subsection (3)(b) must be—

(a) in a form approved by Energy Safe Victoria; and

(b) placed in a newspaper or newspapers—

(i) specified by Energy Safe Victoria; and

(ii) for a period or periods specified by Energy Safe Victoria.

S. 65(4) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(4) Energy Safe Victoria may alter or revoke a requirement under this section by notice given to the person of whom the requirement was made.

(5) This section applies whether or not the equipment was—

(a) prescribed electrical equipment; or

S. 65(5)(b) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(b) approved by Energy Safe Victoria; or

S. 65(5)(c) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(d) approved by a prescribed authority or, under the regulations, was deemed to be approved; or

(e) was certified in accordance with a prescribed method or prescribed process.

S. 65(6) inserted by No. 1/2017 s. 11(4).

(6) A person who is required to take action specified in a notice under this section must pay the cost of taking that action.

S. 65(7) inserted by No. 1/2017 s. 11(4).

(7) A requirement specified in a notice served on a person under this section does not have effect to the extent that it is inconsistent with a requirement for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).

S. 66 amended by No. 1/2017 s. 12 (ILA s. 39B(1)).

Offence to fail to comply with requirement

66 Offence to fail to comply with requirement

(1) A person of whom a requirement is made under section 65 must comply with that requirement.

In the case of a natural person, 200 penalty units or 2 years imprisonment or both;

S. 66(2) inserted by No. 1/2017 s. 12.

(2) A person required to give specified information to an owner or occupier under section 65(3)(j) or (k) does not commit an offence against subsection (1) if the person—

(a) did not know the identity or location of the owner or occupier; and

(b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and

Pt 4 Div. 7 (Heading and ss 67–67K) inserted by No. 43/2018 s. 10.

Div 7

Offences

Division 7—Offences

New s. 67 inserted by No. 43/2018 s. 10.

Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment

67 Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment

(1) A responsible supplier must not supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment to a person, except in accordance with subsection (2), (3) or (4).

(2) A responsible supplier may supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment if—

(a) the responsible supplier—

(i) is a registered responsible supplier for the purposes of this Part; or

(ii) supplies or offers to supply the electrical equipment with the approval of Energy Safe Victoria; and

(b) the level 2 in-scope electrical equipment or the level 3 in-scope electrical equipment—

(i) is registered in the Register as electrical equipment supplied by the registered responsible supplier; or

(ii) is comprised of 2 or more components or types of in-scope electrical equipment permanently attached to the electrical equipment and the electrical equipment is registered as one item; or

(iii) in the case of level 3 in-scope electrical equipment, the electrical equipment is an item of prescribed in-scope electrical equipment and is for use with an item of level 1 in-scope electrical equipment, level 2 in-scope electrical equipment or level 3 in-scope electrical equipment; or

(iv) is supplied or offered for supply, with the approval of Energy Safe Victoria; and

(c) the level 2 in-scope electrical equipment or the level 3 in-scope electrical equipment complies with the relevant standard that applied to the electrical equipment on its registration by the registered responsible supplier; and

(d) the level 2 in-scope electrical equipment or the level 3 in-scope electrical equipment is safe to be connected to an electricity supply.

(3) A responsible supplier may supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment if—

(a) the person who supplied the electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and

(b) the electrical equipment at the time of its importation was registered as being supplied by the person under a corresponding law of New Zealand; and

(c) the electrical equipment complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the person; and

(d) the electrical equipment is safe to be connected to an electricity supply.

(4) A responsible supplier may supply or offer to supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment imported by the responsible supplier from a body corporate outside of Australia if—

(c) the electrical equipment is registered in the Register as electrical equipment supplied by the NZ body corporate; and

(d) the electrical equipment complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the NZ body corporate; and

(e) the electrical equipment is safe to be connected to an electricity supply.

S. 67A inserted by No. 43/2018 s. 10.

67A

Offence—supply level 1 in-scope electrical equipment

67A Offence—supply level 1 in-scope electrical equipment

(1) A responsible supplier must not supply or offer to supply level 1 in-scope electrical equipment to a person, except in accordance with subsection (2), (3) or (4).

(2) A responsible supplier may supply or offer to supply level 1 in-scope electrical equipment if—

(a) the responsible supplier—

(i) is a registered responsible supplier; or

(ii) supplies or offers for supply the electrical equipment, with the approval of Energy Safe Victoria; and

(b) the responsible supplier—

(i) is the manufacturer of the electrical equipment and, at the time the electrical equipment was manufactured, the electrical equipment complied with the relevant standard; or

(ii) is the importer of the electrical equipment and, at the time the electrical equipment was imported into a State or Territory or New Zealand, the electrical equipment complied with the relevant standard; or

(iii) supplies or offers for supply the electrical equipment, with the approval of Energy Safe Victoria; and

(3) A responsible supplier may supply or offer to supply level 1 in-scope electrical equipment if—

(a) the person who supplied the electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and

(b) the electrical equipment at the time of its importation, was registered as being supplied by the person who supplied the electrical equipment to the responsible supplier under a corresponding law of New Zealand; and

(c) the electrical equipment at the time of its importation or manufacture complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the person; and

(d) the electrical equipment is safe to be connected to an electricity supply.

(4) A responsible supplier may supply or offer to supply level 1 in-scope electrical equipment imported by the responsible supplier from a body corporate outside of Australia if—

(c) the electrical equipment is registered in the Register as electrical equipment supplied by the NZ body corporate; and

(d) the electrical equipment at the time of its importation complies with the relevant standard that applied to the electrical equipment on its registration under a corresponding law of New Zealand by the NZ body corporate; and

(e) the electrical equipment is safe to be connected to an electricity supply.

S. 67B inserted by No. 43/2018 s. 10.

67B

Offence—documentary evidence level 1 in-scope electrical equipment

67B Offence—documentary evidence level 1 in-scope electrical equipment

(1) Energy Safe Victoria may request a responsible supplier, who at any time during the relevant period has supplied or offered to supply level 1 in‑scope electrical equipment, to provide the relevant documentary evidence for the electrical equipment.

(2) The responsible supplier must, within 10 business days after a request under subsection (1), supply that relevant documentary evidence.

(3) For the purposes of this section, the relevant documentary evidence is—

(a) documentary evidence, in English, that the level 1 in-scope electrical equipment satisfied the relevant standard—

(i) in the case of a responsible supplier who is the manufacturer of the electrical equipment—that applied to the electrical equipment on its manufacture; or

(ii) in the case of a responsible supplier who is the person who imported the electrical equipment—that applied on the importation of the electrical equipment; or

(b) a certificate of suitability in respect of the level 1 in-scope electrical equipment.

(4) Subsection (2) does not apply if—

(a) the person who supplied the level 1 in‑scope electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and

(b) the electrical equipment at the time of its importation was registered as being supplied by the person who supplied the electrical equipment to the responsible supplier under a corresponding law of New Zealand.

(5) Subsection (2) does not apply to a responsible supplier who supplied level 1 in‑scope electrical equipment imported from a body corporate outside of Australia if—

(6) In this section, relevant period in relation to level 1 in-scope electrical equipment means a period of 5 years from the date the electrical equipment is supplied by a responsible supplier.

S. 67C inserted by No. 43/2018 s. 10.

67C

Offence—documentary evidence level 2 in-scope electrical equipment

67C Offence—documentary evidence level 2 in-scope electrical equipment

(1) Energy Safe Victoria may request a responsible supplier, who at any time during the relevant period has supplied or offered to supply level 2 in‑scope electrical equipment registered in the Register as electrical equipment supplied by the responsible supplier, to provide the relevant documentary evidence for the electrical equipment.

(2) The responsible supplier must within 10 business days after a request under subsection (1) supply the relevant documentary evidence.

(3) For the purposes of this section, the relevant documentary evidence is—

(a) a compliance folder in English, that includes test reports completed by a prescribed testing body or a prescribed person, that is evidence that the electrical equipment satisfied the relevant standard at the date of registration of the electrical equipment by the responsible supplier; or

(b) a certificate of suitability in respect of the electrical equipment.

(4) Subsection (2) does not apply if—

(a) the person who supplied the level 2 in‑scope electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and

(5) Subsection (2) does not apply to a responsible supplier who supplied level 2 in‑scope electrical equipment imported from a body corporate outside of Australia if—

(6) In this section, relevant period means a period beginning on the date of the registration of the electrical equipment in the Register by a responsible supplier, and ending on the date that is 5 years after the day of the expiry or the cancellation of that registration.

S. 67D inserted by No. 43/2018 s. 10.

67D

Offence—documentary evidence level 3 in-scope electrical equipment

67D Offence—documentary evidence level 3 in-scope electrical equipment

(1) Energy Safe Victoria may request a responsible supplier, who at any time during the relevant period has supplied or offered to supply level 3 in‑scope electrical equipment or level 3 in-scope electrical equipment as a component of electrical equipment, to provide a certificate of conformity for the electrical equipment.

(2) The responsible supplier must, within 10 business days after a request under subsection (1), supply the certificate of conformity in respect of the electrical equipment.

(3) Subsection (2) does not apply if—

(a) the person who supplied the level 3 in‑scope electrical equipment to the responsible supplier is registered under a corresponding law of New Zealand; and

(4) Subsection (2) does not apply to a responsible supplier who supplied level 3 in‑scope electrical equipment or level 3 in‑scope electrical equipment as a component of electrical equipment imported from a body corporate outside of Australia if—

(5) In this section, relevant period means a period beginning on the date of issue of a certificate of conformity and ending on the date that is 5 years after the date of the expiry of the certificate of conformity.

S. 67E inserted by No. 43/2018 s. 10.

67E

Offence for holder of suspended certificate to supply or offer in-scope electrical equipment

67E Offence for holder of suspended certificate to supply or offer in-scope electrical equipment

(1) A responsible supplier must not supply or offer to supply an item of in-scope electrical equipment that is the subject of a suspended certificate of conformity or a suspended certificate of suitability.

suspended certificate of conformity means a certificate of conformity that is suspended under section 62I or 62M;

suspended certificate of suitability means a certificate of suitability that is suspended under section 61 or 62B.

S. 67F inserted by No. 43/2018 s. 10.

67F

Offence to sell unregistered in-scope electrical equipment

67F Offence to sell unregistered in-scope electrical equipment

(1) A person must not supply or offer to supply an item of level 2 in-scope electrical equipment or level 3 in-scope electrical equipment if—

(a) the item of electrical equipment was purchased by the person for the purpose of supplying it or offering it for supply to another person; and

(b) on the date that the person purchased the item of electrical equipment, the electrical equipment was not registered in relation to a responsible supplier.

(2) Subsection (1) does not apply to a person if—

(a) after the date the person purchased the item of electrical equipment, the item of electrical equipment is registered in relation to a responsible supplier; or

(b) the person is a responsible supplier of the electrical equipment; or

S. 67G inserted by No. 43/2018 s. 10.

67G

Offence for person other than responsible supplier to supply or offer in-scope electrical equipment

67G Offence for person other than responsible supplier to supply or offer in-scope electrical equipment

(1) A person, other than a responsible supplier, must not supply or offer to supply an item of in-scope electrical equipment unless the item is marked with—

(a) the regulatory compliance mark; or

(b) an alternative mark; or

(2) Subsection (1) does not apply to a person
if the item of in-scope electrical equipment is second‑hand equipment.

S. 67H inserted by No. 43/2018 s. 10.

67H

Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked

67H Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked

A responsible supplier must not supply or offer to supply an item of in-scope electrical equipment unless the item is marked with—

(a) the regulatory compliance mark; or

(b) an alternative mark; or

S. 67I inserted by No. 43/2018 s. 10.

67I

Offence to mark in-scope electrical equipment that does not satisfy relevant standard

67I Offence to mark in-scope electrical equipment that does not satisfy relevant standard

(1) A person must not mark an item of in-scope electrical equipment with the regulatory compliance mark or make a false or misleading representation that an item of in‑scope electrical equipment is marked with the regulatory compliance mark, if the electrical equipment does not satisfy the relevant standard for that item.

(2) In this section, mark includes to mark the label or packaging of an item of in-scope electrical equipment with the regulatory compliance mark or an alternative mark approved by Energy Safe Victoria or another regulatory authority.

S. 67J inserted by No. 43/2018 s. 10.

67J

Offence for person to offer in-scope electrical equipment for hire

67J Offence for person to offer in-scope electrical equipment for hire

A person must not offer for hire an item of in‑scope electrical equipment unless—

(a) the item of in-scope electrical equipment is safe to be connected to an electricity supply; and

(b) the person ensures the item of in-scope electrical equipment satisfies the prescribed requirements for the testing, labelling or tagging of the item of in‑scope electrical equipment.

S. 67K inserted by No. 43/2018 s. 10.

67K

Offence to supply second-hand equipment that is in‑scope electrical equipment to another person

67K Offence to supply second-hand equipment that is in‑scope electrical equipment to another person

A person, other than a responsible supplier, must not supply or offer to supply second-hand equipment that is an item of in‑scope electrical equipment, unless the person ensures the item of in-scope electrical equipment satisfies the prescribed requirements for the testing, labelling or tagging of the item of in-scope electrical equipment.

Part 5

Energy efficiency

Part 5—Energy efficiency

S. 67 repealed by No. 57/2009 s. 6.

S. 68 amended by No. 38/2000 s. 18(d), substituted by No. 57/2009 s. 7.

Prescribed electrical equipment not to be supplied unless registered and labelled

68 Prescribed electrical equipment not to be supplied unless registered and labelled

(1) A person must not supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment.

(2) A person must not offer to supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment.

S. 68A inserted by No. 57/2009 s. 7.

68A

Exemptions from energy efficiency

68A Exemptions from energy efficiency

(1) Energy Safe Victoria, on the application of a supplier of energy efficiency electrical equipment, or on its own initiative, may exempt that equipment for the purposes of section 68.

(2) An exemption must be published in the Government Gazette.

(3) An exemption may be subject to any conditions specified by Energy Safe Victoria in the exemption.

(4) An exemption takes effect on the day specified in the exemption.

(5) In the case of an application under subsection (1), the application must—

(b) contain details of—

(i) the applicant's name, telephone number, and business and postal address; and

(ii) the exemption requested; and

(iii) the reasons for the exemption; and

(i) any relevant technical information; and

(ii) the prescribed application fee.

(6) Energy Safe Victoria may, at any time, by notice published in the Government Gazette, revoke an exemption.

(7) As soon as is practicable after an exemption or revocation under this section is made, Energy Safe Victoria must notify the applicant in writing of the exemption or revocation.

Pt 6 (Heading and ss 69–74) amended by Nos 89/1998 s. 13(1)(2), 69/2000 s. 26, substituted as Pt 6 (Heading and s. 69) by No. 24/2002 s. 4.

Part 6

Rights of review

Part 6—Rights of review

S. 69 substituted by No. 24/2002 s. 4.

Applications to review

69 Applications to review

S. 69(1) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(1) A person who is aggrieved by a decision of Energy Safe Victoria set out in subsection (2) may apply to the Tribunal for review of the decision.

(2) An application for review may be made to the Tribunal in relation to the following—

(a) a decision under Part 3—

(i) to refuse to register or renew the registration of an electrical contractor; or

S. 69(2)(a)(ia) inserted by No. 13/2025 s. 48(1).

(ia) to immediately suspend the registration of an electrical contractor; or

(ii) to take disciplinary action in respect of a registered electrical contractor; or

(iii) to refuse to license or renew the licence of an electrical worker; or

S. 69(2)(a)(iiia) inserted by No. 13/2025 s. 48(2).

(iiia) to immediately suspend the licence of an electrical worker; or

(iv) to take disciplinary action in respect of a licensed electrical worker; or

(v) to refuse to supply a certificate of electrical safety form to a registered electrical contractor, a licensed electrical installation worker or a prescribed person under section 45B(1);

S. 69(2)(b) substituted by No. 43/2018 s. 11.

(b) a decision under Part 4—

(i) to cancel the registration of a responsible supplier; or

(ii) to cancel the registration of level 2 in‑scope electrical equipment registered to a responsible supplier; or

(iii) to cancel the registration of level 3 in‑scope electrical equipment registered to a responsible supplier; or

(iv) to refuse to issue a certificate of suitability; or

(v) to refuse to issue a certificate of conformity; or

(vi) to vary a certificate of conformity; or

(vii) to refuse to vary a certificate of conformity; or

(viii) to cancel a certificate of conformity; or

(ix) to vary a certificate of suitability; or

(x) to refuse to vary a certificate of conformity; or

(xi) to cancel a certificate of suitability; or

(xii) to suspend a certificate of conformity or a certificate of suitability;

(d) a requirement under section 65;

(e) a decision under the regulations under Part 5—

S. 69(2)(e)(i) amended by No. 57/2009 s. 8(1).

(i) to refuse to register energy efficiency electrical equipment; or

S. 69(2)(e)(ii) amended by No. 57/2009 s. 8(2).

(ii) to cancel the registration of energy efficiency electrical equipment; or

S. 69(2)(f) inserted by No. 57/2009 s. 8(3).

(f) a decision under section 68A—

(i) to exempt energy efficiency electrical equipment from the regulations; or

(ii) to revoke an exemption.

S. 69(2A) inserted by No. 61/2007 s. 15(1).

(2A) A person to whom a rectification notice is given may apply to the Tribunal for review of either or both of the following—

(a) the decision to give the notice;

(b) any requirement contained in the notice.

(3) A person to whom a direction is given under section 141 may apply to the Tribunal for review of the direction if compliance with it—

(a) would impose a significant financial burden on the person;

(b) would prevent the person from complying with any obligations under a licence issued under Part 2 of the Electricity Industry Act 2000.

S. 69(4) amended by No. 13/2025 s. 48(3).

(4) A person to whom an improvement notice or a prohibition notice is issued under Part 12 may apply to the Tribunal for review of either or both of the following—

(a) the decision to issue the notice;

(b) any requirement contained in the notice.

S. 69(5) amended by No. 61/2007 s. 15(2)(a).

(5) An application for review under subsection (2A), (3) or (4) must be made within 7 days after the later of—

S. 69(5)(a) amended by Nos 61/2007 s. 15(2)(b), 13/2025 s. 48(4).

(a) the day on which the improvement notice, prohibition notice, direction or rectification notice (as the case requires) is received by the person making the application; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.

(6) Any other application for review under this section must be made within 28 days after the later of—

(a) the day on which notice of the decision is received by the person; or

S. 69(7) repealed by No. 61/2007 s. 15(3).

Ss 70–74 repealed by No. 24/2002 s. 4.

Pt 7 (Heading) inserted by No. 57/2009 s. 9.

Part 7

Underground electric lines and owners or operators of

Part 7—Underground electric lines and owners or operators of
complex electrical installations

S. 75 amended by No. 61/2007 s. 12(3), substituted by No. 57/2009 s. 10.

General duties of owners or operators of complex electrical installations and railways

75 General duties of owners or operators of complex electrical installations and railways

S. 75(1) substituted by No. 22/2023 s. 6.

(1) An owner or operator of a complex electrical installation must design, construct, operate, maintain and decommission the installation to minimise as far as practicable—

(a) the hazards and risks to the safety of any person arising from the installation; and

(b) the hazards and risks of damage to the property of any person arising from the installation; and

S. 75(2) substituted by No. 22/2023 s. 6.

(2) An owner or operator of a railway must design, construct, operate, maintain and decommission the supply network of the railway to minimise as far as practicable—

(a) the hazards and risks to the safety of any person arising from the supply network; and

(b) the hazards and risks of damage to the property of any person arising from the supply network; and

Underground electric lines

76 Underground electric lines

S. 76(1) amended by No. 61/2007 s. 12(3).

(1) A person who controls an underground electric line on public land (other than an electric line forming part of a railway)—

(a) must maintain a record of that underground electric line; and

(b) before the line is connected to an electricity supply or within 2 business days after relocating the line, give sufficient information to enable every cable of the line to be located and identified to—

S. 76(1)(b)(i) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(i) a person or body specified by Energy Safe Victoria as the asset recording service for the area in which the line is located; or

(ii) if no such person or body is so specified, the distribution company for that area.

75 penalty units.

S. 76(2) amended by No. 61/2007 s. 12(3).

(2) A person who operates a railway must keep a register containing sufficient information to enable every cable of the underground electric lines that are under the control of that person to be located and identified.

S. 76(3) amended by No. 61/2007 s. 12(3).

(3) A person who operates a railway must ensure that the register kept under subsection (3) is available for inspection by the public during normal business hours.

Underground electric lines—obligations of distribution companies

77 Underground electric lines—obligations of distribution companies

(1) A distribution company must keep a register containing sufficient information to enable every cable of the underground electric lines that are under its control within its distribution area to be located and identified.

75 penalty units.

(2) A distribution company must record in a register kept under subsection (1) any information that is given to it under section 76 within 7 days after receiving that information.

(3) A distribution company must ensure that the register kept under this section is available for inspection by the public during normal business hours.

Protection of underground electric lines

78 Protection of underground electric lines

A person must not make any opening in the ground above an underground electric line so as to endanger the electric line unless authorised to do so by the person who controls that electric line.

In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

Pt 8 (Heading) amended by No. 55/2010 s. 16.

Part 8

Bushfire mitigation requirements for

Part 8—Bushfire mitigation requirements for
certain operators and electric line clearance

Division 1—General

Urban area

79 Urban area

The Minister, by notice published in the Government Gazette, may specify an area as an urban area for the purposes of this Part, if the Minister has obtained the agreement of—

(a) the fire control authority; and

(b) any person responsible for the management of public land in the area.

Fire hazard rating

80 Fire hazard rating

A fire control authority—

S. 80(a) substituted by No. 24/2002 s. 5.

(a) may assign a fire hazard rating of "low" or "high" to any area of land for the purposes of this Act or the regulations; and

(b) must give notice in writing of that rating to the Minister and every person responsible for the management of public land in any part of the area as soon as practicable after the rating is assigned.

Declared area in urban area

81 Declared area in urban area

The Governor in Council, by Order published in the Government Gazette, may declare an area of land in an urban area for the purposes of this Part.

S. 81(2) amended by No. 39/2005 s. 48(Sch. 1 item 2).

(2) An Order under subsection (1) must contain a description sufficient to identify the land concerned which may include a description by reference to a map held by Energy Safe Victoria.

S. 81(3) amended by No. 39/2005 s. 48(Sch. 1 item 1).

(3) Energy Safe Victoria must make a copy of any map referred to in an Order under subsection (1) available at its office during business hours for any person to inspect free of charge.

Operation of Part

82 Operation of Part

(1) If a provision of this Part or of a regulation made for the purposes of this Part is, with respect to a particular subject-matter, inconsistent with a provision—

(a) of this or any other Act or law or of a regulation, rule, by-law or Order made under this or any other Act; or

(b) of any agreement—

the provision of this Part or of the regulation (as the case may be) prevails and that other provision is, to the extent of the inconsistency, of no force or effect.

(2) It is declared that this Part does not impose any other duty of care upon a municipality than the duty of care which that municipality would have had at law if this Part had not been enacted.

More sections below

Source text: opening excerpt

Sourced from Victorian Legislation (legislation.vic.gov.au), CC BY 4.0.

1 Electricity Safety Act 1998

Version No. 088

Electricity Safety Act 1998

No. 25 of 1998

Version incorporating amendments as at
1 April 2026

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 1

3 Definitions 2

3A Declaration of certain distribution companies or transmission companies not to be major electricity companies 17

3B Declaration of certain owners and operators of electrical installations 17

4 Exemptions 17

5 Act to bind the Crown 19

Part 2—Energy Safe Victoria 20

6 Objectives of Energy Safe Victoria 20

7 Functions of Energy Safe Victoria 21

7A Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases 22

8 Funding 22

Part 3—Electrical work 23

Division 1—Registration of electrical contractors 23

30 Contractors 23

31 Registration of electrical contractors 23

32 Registered number 24

33 Register of electrical contractors 24

33A Immediate suspension of registration of electrical contractor 24

33B Revocation of immediate suspension of registration 26

34 Disciplinary action 27

35 Employees of registered electrical contractor 28

36 Electrical contractors not to employ certain persons 29

37 Obligations on registered contractors 30

Division 2—Licensing of electrical workers 30

38 Electrical workers 30

39 Apprentices deemed to be licensed 31

40 Licensing of electrical workers 31

40A Immediate suspension of licence of electrical worker 32

40B Revocation of immediate suspension of licence 33

41 Disciplinary action 34

Division 3—Electrical installation work 36

41A Responsible person 36

41B Supervisor deemed to carry out certain work 36

42 Implied conditions relating to electrical installation work 37

43 Safety of electrical installations 37

43A Safety of electrical installations—building work 39