63Prohibition 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

(c) issued with a certificate of conformity; or

(d) issued a certificate by a regulatory authority; or

(e) issued a certificate by an external certifier.