65Recall 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).