Electricity Safety (Registration and Licensing) Regulations 2020

Version No. 003

Electricity Safety (Registration and Licensing) Regulations 2020

S.R. No. 136/2020

Version incorporating amendments as at
5 April 2024

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 1

3 Commencement 1

4 Definitions 2

Part 2—Electrical contracting 8

Division 1—Classes of electrical contracting work that require registration 8

5 Prescribed classes of electrical contracting 8

Division 2—Restriction on the employment of certain persons 8

6 Restriction on the employment of persons to carry out electrical installation work 8

Division 3—Registration of electrical contractors 8

7 Applications for a grant of registration as an electrical contractor or renewal of registration 8

8 Application and renewal fees 11

9 Registration as an electrical contractor 11

10 Qualification requirements for registration as an electrical contractor 13

11 Refusal of registration 15

12 Prescribed insurance 17

13 Conditions of registration 17

14 Obligations of registered contractors 19

15 Cancellation of registration 21

16 The register 21

17 Registration cards 22

Part 3—Electrical work 24

Division 1—Classes of electrical work that require a licence 24

18 Classes of electrical installation work that require a licence 24

19 Classes of electrical inspection work that require a licence 25

20 Classes of electrical linework work that require a licence 26

Division 2—Licensing of electrical workers 26

21 Applications for issue of licences 26

22 Electrician's licence 28

23 Supervised electrical installation worker's licence 29

24 Electrician (Supervised) worker's licence 30

25 Occupier's licence 30

26 Electrical switchgear worker's licence 31

27 Restricted electrical worker's licence (Class 1) 32

28 Restricted electrical worker's licence (Class 2) 34

29 Electrical inspector's licence 36

30 Class "L" inspector's licence 37

31 Electrical lineworker's licence 37

32 Supervised class "R" electrical lineworker's licence 38

33 Restricted class "C" electrical lineworker's licence 38

34 Refusal of licence 39

35 Renewal of licences 41

36 Energy Safe Victoria to specify continuing professional development requirements 43

37 Cancellation of licence 43

Part 4—Other matters 44

38 Apprentices 44

39 Change of name or address 44

40 Licence cards 44

41 Licence card to be produced on demand 45

Part 5—Fees 46

42 Fees—rebates 46

43 Fees—refunds 46

44 Fees—waiver—additional classes of electrical work 46

45 Fees—waiver—lineworker's licence 46

Part 6—Infringement notices 48

46 Provisions under which infringement notices may be served 48

Schedule 1—Occupational areas 49

Schedule 2 50

Schedule 3 53

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Endnotes 57

1 General information 57

2 Table of Amendments 59

3 Explanatory details 60

Version No. 003

Electricity Safety (Registration and Licensing) Regulations 2020

S.R. No. 136/2020

Version incorporating amendments as at
5 April 2024

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are to—

(a) provide for the registration of electrical contractors; and

(b) provide for the licensing of electrical workers; and

(c) prescribe fees, penalties and other matters authorised by the Electricity Safety Act 1998; and

(d) prescribe certain provisions of these Regulations that create offences as provisions in respect of which infringement notices may be served.

2 Authorising provisions

These Regulations are made under sections 149, 152, 156 and 157 of the Electricity Safety Act 1998.

3 Commencement

These Regulations come into operation on 1 January 2021.

4 Definitions

In these Regulations—

a.c. electricity generation system means an electricity generation system (other than a battery energy storage system) that has a nominal operating voltage exceeding 50 volts alternating current;

accessories has the same meaning as "accessory" has in the Australian/New Zealand Wiring Rules;

alternative design solution has the same meaning as it has in the Electricity Safety (General) Regulations 2019[1];

applicant—

(a) in Part 2 means a person referred to in regulation 7(1);

(b) in Part 3 and regulations 44 and 45 means a person referred to in regulation 21(1);

ARBN has the same meaning it has in the Corporations Act;

AS/NZS 3003 means AS/NZS 3003 Electrical installations—Patient areas, as published or amended from time to time;

AS/NZS 5139 means AS/NZS 5139 Electrical installations—Safety of battery systems for use with power conversion equipment, as published or amended from time to time;

Australian/New Zealand Wiring Rules means AS/NZS 3000 Electrical installations, as published or amended from time to time;

Australian regulatory authority means—

(a) Energy Safe Victoria; or

(b) a person or body that, under a law of another State or a Territory administers the licensing of electrical workers in that State or Territory;

battery energy storage system has the same meaning as "battery energy storage system BESS" has in AS/NZS 5139;

Reg. 4 def. of battery system inserted by S.R. No. 103/2022 reg. 5.

battery system means a battery or battery energy storage system that has—

(a) a nominal operating voltage exceeding 12 volts direct current; and

(b) an individual or combined rated storage capacity equal to or greater than one kilowatt hour;

Business Names Register has the same meaning as it has in the Business Names Registration Act 2011 of the Commonwealth;

communication equipment includes data transfer equipment, security system equipment, intercom and public address system equipment, nurse call system equipment and audio-visual equipment;

d.c. electricity generation system means an electricity generation system (other than a battery energy storage system) that has—

(a) a nominal operating voltage or open circuit voltage exceeding 50 volts direct current; and

(b) an individual or combined rated generation capacity equal to or greater than 240 watts;

effective supervision, in relation to electrical work, means—

(a) being present at the site of the electrical work to the extent necessary to ensure that the work is being correctly performed and carried out in accordance with the Act and any of the regulations relating to the work and the operation of electrical installations and supply networks; and

(b) being aware of the details of the electrical work being performed and giving detailed instructions and directions with respect to the electrical work;

electricity generation system means an a.c. electricity generation system or a d.c. electricity generation system;

electrical switchgear fitting work means electrical installation work that consists of the assembly, alteration, repair and maintenance of switchgear and controlgear assemblies;

extra low voltage means a voltage not exceeding—

(a) 50 volts alternating current; or

(b) 120 volts ripple-free direct current;

fault finding means the testing of the operation of electrical equipment to determine if that electrical equipment is safe and working correctly;

hazardous area has the same meaning as "Area, hazardous" has in the Australian/New Zealand Wiring Rules;

high voltage means a voltage exceeding low voltage;

licensed electrical switchgear worker means an electrical installation worker holding a licence issued under section 40 of the Act for electrical switchgear fitting work in accordance with regulation 26;

licensed electrician means an electrical installation worker holding a licence issued under section 40 of the Act for electrical installation work in accordance with regulation 22;

licensed lineworker means an electrical lineworker holding a licence issued under section 40 of the Act for a class of electrical linework in accordance with regulation 31 or 33;

low voltage means a voltage exceeding extra low voltage but not exceeding—

(a) 1000 volts alternating current; or

(b) 1500 volts direct current;

network infrastructure company means a contractor who is engaged by a major electricity company to carry out electrical linework on the supply network of the major electricity company;

nominated business supervisor means a person nominated under regulation 7(2)(c);

nominated technical supervisor means a person nominated under regulation 7(2)(b);

patient area has the same meaning as it has in AS/NZS 3003;

primary work function means a work function that is primarily related to one of the occupational areas specified in Schedule 1;

railway company means a person who owns or operates a railway supply network or tramway supply network;

railway infrastructure company means a contractor who is engaged by a railway company to carry out electrical linework on a railway supply network or tramway supply network;

railway supply network means the supply network of a railway that is used by electric trains;

regulatory authority means—

(a) an Australian regulatory authority; or

(b) a person or body that, under a law of New Zealand, administers the licensing of electrical workers in New Zealand;

restricted electrical installation work means work of a type prescribed by regulation 18(d) or 18(e);

Reg. 4 def. of stand-alone power system inserted by S.R. No. 103/2022 reg. 5.

stand-alone power system means an electricity generation system connected to an electrical installation that is not connected to an electricity supplier's supply network;

switchgear and controlgear assembly means electrical equipment that is—

(a) a combination of one or more switching devices together with associated control, measuring, signalling, protective and regulating equipment including all the internal electrical and mechanical interconnections and structural parts; and

(b) completely assembled under the responsibility of a manufacturer;

the Act means the Electricity Safety Act 1998;

tramway supply network means the supply network of a tramway.

Part 2—Electrical contracting

Division 1—Classes of electrical contracting work that require registration

5 Prescribed classes of electrical contracting

For the purposes of Division 1 of Part 3 of the Act, any contracting or undertaking to carry out electrical installation work of a class prescribed by regulation 18 is a prescribed class of electrical contracting.

Note

See also section 30 of the Act.

Division 2—Restriction on the employment of certain persons

6 Restriction on the employment of persons to carry out electrical installation work

For the purposes of Division 1 of Part 3 of the Act, work of a class prescribed by regulation 18 is prescribed.

Note

See also section 36(1) of the Act.

Division 3—Registration of electrical contractors

7 Applications for a grant of registration as an electrical contractor or renewal of registration

(1) A person may apply to Energy Safe Victoria for registration or renewal of registration as an electrical contractor.

(2) An application for registration must be in writing and contain or be accompanied by the following—

(a) the applicant's name, telephone number, email address and the address of the applicant's residence and place of business;

(b) if the applicant will not be responsible for the effective supervision of electrical installation work or only electrical switchgear fitting work carried out on behalf of the applicant—

(i) the name of the person who the applicant nominates to be the nominated technical supervisor who will be responsible for that work; and

(ii) a declaration of each person nominated to be a technical supervisor of electrical contracting work that sets out the person's name, telephone number, email address and residential address and the person's consent to be such a supervisor;

(c) if the applicant will not be responsible for the business management and administration of the electrical contracting work—

(i) the name of the person who the applicant nominates to be the business supervisor responsible for that management and administration; and

(ii) a declaration of the person nominated to be the business supervisor of electrical contracting work that sets out the person's name, telephone number, email address and residential address and the person's consent to be such a supervisor;

(d) if the applicant will use a business name that is not the applicant's name—

(i) the details of the business name that the applicant will use; and

(ii) documentary evidence that the business name is registered in the Business Names Register and that the registration is held in the applicant's name;

(e) the ABN the applicant will use;

(f) if the applicant is a member of a partnership—

(i) the name, telephone number, email address and residential address of each member of the partnership; and

(ii) a signed statement from each member of the partnership stating that they consent to the applicant's application and agree to be bound by the conditions of registration set out in regulation 13 and the obligations set out in regulation 14;

(g) in the case of an applicant which is a body corporate—

(i) a copy of the certificate of registration of the company under the Corporations Act; and

(ii) the name and address of each director of the body corporate; and

(iii) evidence that any person making an application on behalf of the body corporate is authorised to do so; and

(iv) the ABN or ARBN (if applicable) of the body corporate;

(h) evidence of the qualifications required by regulation 10 that the applicant relies on for registration;

(i) a statement that the applicant holds or will hold, at the time of carrying on electrical contracting, the insurance required by section 30 of the Act.

(3) An application for renewal of registration must be in writing and contain or be accompanied by the following—

(a) details of any changes in the information provided in the original application for the registration or for the most recent renewal of the registration or in any other circumstances relating to the application;

(b) a statement that the applicant holds or will hold, at the time of carrying on electrical contracting, the insurance required by section 30 of the Act.

(4) Energy Safe Victoria may require the applicant to provide further information or material in respect of an application.

8 Application and renewal fees

The prescribed fee—

(a) for an application for registration as an electrical contractor is 42⸱52 fee units;

(b) for an application for renewal of registration as an electrical contractor is 20⸱42 fee units.

9 Registration as an electrical contractor

For the purposes of section 31 of the Act, Energy Safe Victoria may register or renew the registration of an applicant if Energy Safe Victoria is satisfied that—

(a) in the case of a natural person—

(i) the applicant—

(A) will be responsible for the effective supervision of the electrical installation work or only electrical switchgear fitting work carried out on behalf of the applicant; or

(B) has nominated a natural person or a sufficient number of natural persons to be technical supervisors who will be responsible for that supervision; and

(ii) the applicant—

(A) will be responsible for the business management and administration of the electrical contracting work; or

(B) has nominated a natural person to be the business supervisor who will be responsible for that management and administration; and

(b) in the case of a body corporate—

(i) the applicant has nominated a natural person or a sufficient number of natural persons to be technical supervisors who will be responsible for that supervision; and

(ii) the applicant has nominated a natural person to be the business supervisor who will be responsible for that management and administration; and

(c) if the applicant will be responsible for the effective supervision of the electrical installation work or only electrical switchgear fitting work, that the applicant is a licensed electrician or a licensed electrical switchgear worker who has completed the requirements specified in regulation 10; and

(d) each person nominated under an application to which paragraph (a)(i)(A) or (b)(i) relates to be responsible for the effective supervision of electrical installation work or only electrical switchgear fitting work is a licensed electrician or a licensed electrical switchgear worker who has completed the requirements specified in regulation 10; and

(e) if the applicant will be responsible for the business management and administration of the electrical contracting work, that the applicant has completed the requirements specified in regulation 10; and

(f) each person nominated under an application to which paragraph (a)(ii)(B) or (b)(ii) relates to be responsible for business management and administration of the electrical contracting is a person who has completed the requirements specified in regulation 10.

10 Qualification requirements for registration as an electrical contractor

(1) For the purposes of regulation 9, the requirements for a person to undertake effective supervision of electrical installation work are that the person is a licensed electrician who has—

(a) satisfactorily completed the Licensed Electrician's Assessment (the LEA) conducted by a body approved by Energy Safe Victoria within the relevant period; or

(b) satisfactorily completed a substantially equivalent examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria within the relevant period; or

(c) has attained proficiency and experience in electrical installation work that is assessed by Energy Safe Victoria to be at least of an equivalent standard to the LEA.

(2) For the purposes of regulation 9, the requirements for a person to undertake effective supervision of electrical switchgear fitting work are that the person is—

(a) a licensed electrical switchgear worker who has—

(i) successfully completed the Licensed Switchgear Worker's Assessment (the LSWA) conducted by a body approved by Energy Safe Victoria within the relevant period; or

(ii) successfully completed a substantially equivalent examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria within the relevant period; or

(iii) has attained proficiency and experience in electrical switchgear fitting work that is assessed by Energy Safe Victoria to be at least of an equivalent standard to the LSWA; or

(b) a licensed electrician who complies with the requirements set out in subregulation (1) or (2)(a).

(3) For the purposes of regulation 9, the requirements for a person to be responsible for the business management and administration of the electrical contracting work are that the person has—

(a) successfully completed a course of training about establishing an electrical contracting business that is approved by Energy Safe Victoria; or

(b) passed an examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria; or

(c) successfully completed an assessment or course of training or passed an examination that is assessed by Energy Safe Victoria to be at least of an equivalent standard to that required under paragraph (a) or (b); or

(d) at least 5 years experience in the management and administration of an electrical contracting business.

(4) In this regulation, relevant period means—

(a) in the case of an applicant undertaking supervision of electrical work, within 5 years of the date of the applicant's application for registration; and

(b) in the case of a person nominated to undertake the supervision of electrical work, within 5 years of the date the person is nominated.

11 Refusal of registration

For the purposes of section 31 of the Act, Energy Safe Victoria may refuse to register or renew the registration of an applicant if it is satisfied that—

(a) a person nominated to be the technical supervisor is employed or appointed as the nominated technical supervisor of another electrical contractor and is not, or will not be, able to provide effective supervision of all the electrical installation work the person is responsible for supervising; or

(b) the applicant has, within 5 years of submitting the application to Energy Safe Victoria, contravened a provision of—

(i) the Act; or

(ii) these Regulations; or

(iii) the Electricity Safety (Installations) Regulations 2009 as in force immediately before their revocation; or

(iv) the Electricity Safety (Registration and Licensing) Regulations 2010[2] as in force immediately before their revocation; or

(v) the Electricity Safety (General) Regulations 2019; or

(vi) a law of another State or a Territory or of New Zealand which substantially corresponds to the Act, these Regulations or the regulations specified in subparagraph (iii), (iv) or (v); or

(c) the applicant has attempted to obtain registration as an electrical contractor by fraud, misrepresentation or concealment of facts; or

(d) the applicant has, within 5 years of submitting the application to Energy Safe Victoria—

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

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

(iii) engaged in fraudulent conduct in the carrying out of electrical installation work; or

(e) the applicant's ABN, ARBN or business name is not properly registered in the applicant's name.

12 Prescribed insurance

For the purposes of section 30 of the Act, the prescribed insurance is insurance against public liability for personal injury or damage to property in connection with the electrical contracting work of the registered electrical contractor with a minimum cover of $5 000 000.

13 Conditions of registration

The following conditions apply to the registration of a registered electrical contractor—

(a) if the electrical contractor has the qualifications referred to in regulation 10(1), all electrical installation work except that actually carried out by the electrical contractor must be effectively supervised by—

(i) the electrical contractor; or

(ii) in the case of electrical installation work, a nominated technical supervisor who has the qualifications set out in regulation 10(1); or

(iii) in the case of electrical switchgear fitting work, a nominated technical supervisor who has the qualifications set out in regulation 10(1) or 10(2)(a);

(b) if the electrical contractor has the qualifications referred to in regulation 10(2)(a)—

(i) all electrical switchgear fitting work except that actually carried out by the electrical contractor must be effectively supervised by—

(A) the electrical contractor; or

(B) a nominated technical supervisor who has the qualifications set out in regulation 10(1) or 10(2)(a); and

(ii) all other electrical installation work must be effectively supervised by a nominated technical supervisor who has the qualifications set out in regulation 10(1);

(c) if the electrical contractor does not have the qualifications referred to in regulation 10(1) or 10(2)(a) or the electrical contractor is not able to effectively supervise all electrical installation work or only electrical switchgear fitting work carried out on behalf of the electrical contractor, that work must be effectively supervised by a nominated technical supervisor who has—

(i) in the case of the supervision of electrical installation work, the qualifications set out in regulation 10(1); and

(ii) in the case of the supervision of electrical switchgear fitting work, the qualifications set out in regulation 10(1) or 10(2)(a);

(d) the nomination of a nominated technical supervisor ceases if that supervisor is nominated to be the technical supervisor of another registered electrical contractor unless the supervisor is able to provide effective supervision of all electrical installation work for which the supervisor is responsible for supervising;

(e) the business of the electrical contracting work of the electrical contractor must be effectively managed and administered by the contractor or a nominated business supervisor.

14 Obligations of registered contractors

(1) A registered electrical contractor must notify Energy Safe Victoria in writing of the following events within 10 business days after the relevant event occurs—

(a) any change in the information provided in the application for the original registration or for the most recent renewal of the registration;

(b) any change in the circumstances of the nominated technical supervisor that would affect the supervisor's ability to effectively supervise electrical installation work carried out by the electrical contractor;

(c) any change in the circumstances of the nominated business supervisor that would affect the supervisor's ability to be responsible for the management and administration of the business of the electrical contractor;

(d) if the contractor is a body corporate—

(i) any change of its name; or

(ii) any change to the address of its principal place of business; or

(iii) if it is deregistered under the Corporations Act;

(e) any change in the business name, ABN or ARBN that the electrical contractor uses.

Penalty: 5 penalty units.

(2) If the nominated technical supervisor of a registered electrical contractor ceases to carry out that function or is no longer able to effectively supervise electrical installation work carried out by the electrical contractor, the electrical contractor must—

(a) notify Energy Safe Victoria; and

(b) nominate another person who has the required qualifications; and

(c) send to Energy Safe Victoria within 10 business days after the nomination a declaration by the nominated person that sets out the person's name, telephone number, email address and residential address and the person's consent to be such a supervisor.

Penalty: 5 penalty units.

(3) If the nominated business supervisor of a registered electrical contractor ceases to carry out that function or is no longer able to be responsible for the management and administration of the business, the electrical contractor must—

(a) notify Energy Safe Victoria; and

(b) nominate another person who has the required qualifications; and

(c) send to Energy Safe Victoria within 10 business days after the nomination a declaration by the nominated person that sets out the person's name, telephone number, email address and residential address and the person's consent to be such a supervisor.

Penalty: 5 penalty units.

15 Cancellation of registration

(1) Energy Safe Victoria may cancel the registration of an electrical contractor who applies to it in writing for that cancellation.

(2) Energy Safe Victoria must cancel the registration of an electrical contractor who fails to apply for renewal of registration by the renewal date.

16 The register

(1) For the purposes of section 33(2) of the Act, the register must be kept in electronic form and contain the following information about each registered electrical contractor—

(a) the name and business address of the electrical contractor;

(b) the telephone number and email address of the business;

(c) the date of registration or renewal of registration;

(d) the registration number;

(e) the ABN or ARBN of the electrical contractor (if applicable);

(f) the registered business name of the electrical contractor (if applicable).

(2) A person's residential address must not appear on any part of the register that is available to the public unless the person—

(a) has nominated that address as the person's business address; or

(b) authorises Energy Safe Victoria to do so.

(3) Energy Safe Victoria must publish the information recorded in the register on an internet site maintained by Energy Safe Victoria.

17 Registration cards

(1) Energy Safe Victoria must issue a registration card to a registered electrical contractor that sets out the details of registration.

(2) A registration card issued to an electrical contractor under subregulation (1) is evidence of the registration of that contractor.

(3) A person who is issued with a registration card must, upon receipt of the registration card—

(a) sign the card; or

(b) in the case of a body corporate, ensure that the card is signed by the secretary or a director of the body corporate.

Penalty: 10 penalty units.

(4) An electrical contractor whose registration has been cancelled must send the contractor's registration card to Energy Safe Victoria within 10 business days after the contractor receives notice of the cancellation.

Penalty: 10 penalty units.

(5) If a registered electrical contractor demonstrates to Energy Safe Victoria that the registration card issued to the contractor has been lost, damaged, or destroyed, Energy Safe Victoria must issue a duplicate registration card to that electrical contractor.

Part 3—Electrical work

Division 1—Classes of electrical work that require a licence

18 Classes of electrical installation work that require a licence

For the purposes of Division 2 of Part 3 of the Act, the following classes of electrical installation work are prescribed classes of electrical work—

(a) electrical installation work carried out on an electrical installation ordinarily operated—

(i) at low voltage or a voltage exceeding low voltage in any area; or

(ii) at any voltage in a patient area (other than communication equipment operated at extra low voltage);

(b) electrical installation work carried out on electricity generation systems including any wiring systems, switchgear, controlgear or accessories installed that are part of those generation systems;

(c) electrical installation work carried out on all or part of a battery energy storage system including work on associated wiring systems, switchgear, controlgear and accessories;

(d) electrical installation work required to carry out a primary work function relating to low voltage fixed electrical equipment that involves—

(i) the disconnection of that electrical equipment or a component of that electrical equipment; and

(ii) the reconnection of that electrical equipment or component of that electrical equipment or the connection of other equipment or any component of equivalent power and current in the same location and without alteration to existing cables; and

(iii) the testing of that electrical equipment or a component of that electrical equipment; and

(iv) fault finding in relation to that electrical equipment or a component of that electrical equipment;

(e) electrical installation work required to carry out a primary work function relating to low voltage fixed electrical equipment that involves—

(i) the disconnection of that electrical equipment or a component of that electrical equipment; and

(ii) the reconnection of that electrical equipment or component of that electrical equipment or the connection of other equipment or any component of equivalent power and current in the same location and without alteration to existing cables; and

(iii) the testing of that electrical equipment or a component of that electrical equipment.

19 Classes of electrical inspection work that require a licence

For the purposes of Division 2 of Part 3 of the Act, the classes of electrical inspection work specified in Part A of Schedule 2 are prescribed classes of electrical work.

20 Classes of electrical linework work that require a licence

For the purposes of Division 2 of Part 3 of the Act, the classes of electrical linework specified in Part A of Schedule 3 are prescribed classes of electrical work.

Division 2—Licensing of electrical workers

21 Applications for issue of licences

(1) A person may apply to Energy Safe Victoria for a licence for one or more classes of electrical work.

(2) An application must be in writing and contain details of the following—

(a) the applicant's name, residential address, postal address, telephone number and email address;

(b) the name, address, telephone number and email address of any current or former employer of the applicant, the period of the employment and the electrical work carried out under that employment;

(c) the applicant's experience in electrical work;

(d) any refusal of any regulatory authority to issue a licence to carry out electrical work or the cancellation or suspension of such a licence;

(e) the class of electrical work for which the licence is being sought.

(3) An application must be accompanied by—

(a) evidence of the training and qualifications and experience on which the applicant relies for licensing; and

(b) in the case of an applicant for a licence under regulation 27 or 28—

(i) a written description of the applicant's primary work function and of the electrical installation work required to carry out that function; and

(ii) written evidence that the electrical installation work is a necessary component of the applicant's primary work function; and

(c) in the case of an applicant for a licence under regulation 32 or 33, a written statement from the applicant's employer stating the following—

(i) that the applicant is their employee;

(ii) that the applicant is required as part of their employment to carry out the type of electrical linework to which the application relates;

(iii) that the applicant has (or will obtain through appropriate training) the skills, knowledge and experience necessary to carry out the type of electrical linework to which the application relates correctly and safely.

(4) Energy Safe Victoria may require the applicant to provide proof of identity or any other information or material in respect of an application.

(5) The prescribed fee for a licence application (other than a Restricted electrical worker's licence or Electrical inspector's licence) is 27⸱30 fee units.

(6) The prescribed fee for an application for a Restricted electrical worker's licence or Electrical inspector's licence is 42⸱52 fee units.

22 Electrician's licence

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may, if Energy Safe Victoria is satisfied of the matters specified in subregulation (2), issue a licence to a person under which the person may carry out all electrical installation work of the class prescribed by regulation 18(a), (b) and (c).

(2) For the purposes of subregulation (1), the following matters are specified—

(a) the person—

(i) has completed a 4 year contract of training as an electrician that included at least 12 months experience in carrying out electrical installation work; and

(ii) holds a Certificate III in Electrotechnology Electrician; and

(iii) has satisfactorily completed the Licensed Electrician's Assessment conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria; or

(b) the person's standard of qualifications, proficiency and experience in electrical installation work is at least of an equivalent standard to that required under paragraph (a).

(3) If the applicant is applying for an electrician's licence for the first time or applying to renew a licence that has been expired for more than 5 years, the Licensed Electrician's Assessment specified in subregulation (2)(a)(iii) must have been satisfactorily completed within 5 years of the date of the applicant's application.

23 Supervised electrical installation worker's licence

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out all electrical installation work of the classes prescribed by regulation 18(a), (b) and (c) under the effective supervision of a licensed electrician for a period not exceeding 3 years if Energy Safe Victoria is satisfied that—

(a) the person—

(i) has completed a 4 year contract of training as an electrical fitter; and

(ii) holds a Certificate III in Electrical Fitting; and

(iii) has satisfactorily completed a practical examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria in safe work practices; or

(b) the person has—

(i) completed a 4 year contract of training as an electrician that included at least 12 months experience in carrying out electrical installation work; and

(ii) partially completed the Certificate III in Electrotechnology Electrician; and

(iii) satisfactorily completed a practical examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria in safe work practices; or

(c) the person's standard of qualifications, proficiency and experience in electrical installation work is at least of an equivalent standard to that required under paragraph (a) or (b).

(2) The safe work practices examination specified in subregulations (1)(a)(iii) and (1)(b)(iii) must have been satisfactorily completed within 5 years of the date of the person's application.

24 Electrician (Supervised) worker's licence

(1) This regulation applies to a person who, on the commencement of these Regulations, holds a licence that was issued under section 40 of the Act and in accordance with regulation 22 of the Electricity Safety (Registration and Licensing) Regulations 2010.

(2) Subject to complying with the requirements of regulation 35, the person is eligible, at any time before the expiry of that licence, to have issued to that person a licence under which the person may carry out electrical installation work of the following classes —

(a) all electrical installation work of the classes prescribed by regulations 18(a), (b) and (c) subject to the condition that the person carry out all installation work under the effective supervision of a licensed electrician; and

(b) all installation work of the class prescribed by regulation 18(e).

25 Occupier's licence

(1) This regulation applies to a person who, on the commencement of these Regulations, holds a licence that was issued under section 40 of the Act and in accordance with regulation 23 of the Electricity Safety (Registration and Licensing) Regulations 2010.

(2) Subject to complying with the requirements of regulation 35, the person is eligible, at any time before the expiry of that licence, to have issued to that person a licence to carry out all electrical installation work of the classes prescribed by regulations 18(a), (b) and (c) that is limited to premises to which the person to be licensed occupies for residential purposes.

26 Electrical switchgear worker's licence

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out electrical installation work of the classes prescribed by regulation 18(a), (b) and (c) that is limited to the assembly, alteration, repair and maintenance of switchgear and controlgear assemblies if Energy Safe Victoria is satisfied that—

(a) the person—

(i) has completed a 4 year contract of training in switchgear and controlgear that included at least 12 months experience in carrying out electrical switchgear and controlgear fitting work; and

(ii) holds a Certificate III in Switchgear and Controlgear; and

(iii) has satisfactorily completed the Licensed Switchgear Worker's Assessment conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria; or

(b) the person's standard of qualifications, proficiency and experience in electrical switchgear fitting work is at least of an equivalent standard to that required under paragraph (a).

(2) If the applicant is applying for an electrical switchgear worker's licence for the first time or applying to renew a licence that has been expired for more than 5 years, the Licensed Switchgear Worker's Assessment specified in subregulation (1)(a)(iii) must have been satisfactorily completed within 5 years of the date of the application.

27 Restricted electrical worker's licence (Class 1)

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out restricted electrical installation work of a class prescribed by regulation 18(d) if Energy Safe Victoria is satisfied that the person has—

(a) a demonstrated need to undertake the restricted electrical installation work because the work is ancillary to a primary work function; and

(b) the necessary qualifications.

(2) In determining whether a person has a demonstrated need referred to in subregulation (1)(a), Energy Safe Victoria may take into account—

(a) any of the following—

(i) whether it is impractical or inefficient to require a licensed electrician to undertake the proposed restricted electrical installation work in all instances;

(ii) whether the need to undertake the restricted electrical installation work is sufficiently frequent;

(iii) whether there is a sufficient connection between the proposed electrical installation work and the person's primary work function;

(iv) whether the level of risk associated with the proposed restricted electrical installation work outweighs the person's demonstrated need; and

(b) any other matters Energy Safe Victoria considers relevant.

(3) For the purpose of subregulation (1)(b), the person has the necessary qualifications if—

(a) the person has—

(i) the qualifications or training (if any) required to carry out the primary work function; and

(ii) satisfactorily completed a course of instruction required by Energy Safe Victoria; and

(iii) satisfactorily completed a practical examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria in safely disconnecting, reconnecting and testing electrical equipment and fault finding; or

(b) the person's standard of qualifications, proficiency and experience in the primary work function and electrical installation work is at least of an equivalent standard to that required under paragraph (a).

(4) If the applicant is applying for a class 1 restricted worker's licence for the first time or applying to renew a licence that has been expired for more than 5 years, the examination referred to in subregulation (3)(a)(iii) must have been satisfactorily completed within 5 years of the date of the applicant's application.

(5) Energy Safe Victoria must, by condition imposed on a licence, limit the type of electrical installation work that the licensed person may undertake under the licence to an occupational area or areas specified in Schedule 1.

28 Restricted electrical worker's licence (Class 2)

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out restricted electrical installation work of a class prescribed by regulation 18(e) if Energy Safe Victoria is satisfied that the person has—

(a) a demonstrated need to undertake the restricted electrical installation work because the work is ancillary to a primary work function; and

(b) the necessary qualifications.

(2) In determining whether a person has a demonstrated need referred to in subregulation (1)(a), Energy Safe Victoria may take into account—

(a) any of the following—

(i) whether it is impractical or inefficient to require a licensed electrician to undertake the proposed restricted electrical installation work in all instances;

(ii) whether the need to undertake the restricted electrical installation work is sufficiently frequent;

(iii) whether there is a sufficient connection between the proposed electrical installation work and the person's primary work function;

(iv) whether the level of risk associated with the proposed restricted electrical installation work outweighs the person's demonstrated need; and

(b) any other matters Energy Safe Victoria considers relevant.

(3) For the purpose of subregulation (1)(b), the person has the necessary qualifications if—

(a) the person has—

(i) the qualifications or training (if any) required to carry out the primary work function; and

(ii) satisfactorily completed a course of instruction required by Energy Safe Victoria; and

(iii) satisfactorily completed a practical examination conducted by Energy Safe Victoria or a body approved by Energy Safe Victoria in safely disconnecting, reconnecting and testing electrical equipment; or

(b) the person's standard of qualifications, proficiency and experience in the primary work function and electrical installation work is at least of an equivalent standard to that required under paragraph (a).

(4) If the applicant is applying for a class 2 restricted worker's licence for the first time or applying to renew a licence that has been expired for more than 5 years, the examination referred to in subregulation (3)(a)(iii) must have been satisfactorily completed within 5 years of the date of the applicant's application.

(5) Energy Safe Victoria must, by condition imposed on a licence, limit the type of electrical installation work that the licensed person may undertake under the licence to an occupational area or areas specified in Schedule 1.

29 Electrical inspector's licence

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out electrical inspection work of any or all of the classes specified in Part A of Schedule 2 (except class "L") if—

(a) the person—

(i) has demonstrated to the satisfaction of Energy Safe Victoria the qualifications, experience, competence and proficiency in the matters specified in Part B of Schedule 2 for the relevant class of electrical inspection work; and

(ii) if required by Energy Safe Victoria to do so, has satisfactorily completed a course of instruction required by Energy Safe Victoria; and

(iii) has satisfactorily completed any practical or theory examinations in electrical inspection required by Energy Safe Victoria to be completed; or

(b) the person's standard of qualifications, proficiency and experience in electrical installation work is at least of an equivalent standard to that required under paragraph (a).

Reg. 29(1A) inserted by S.R. No. 103/2022 reg. 6.

(1A) If Energy Safe Victoria is satisfied that a person has demonstrated qualifications, experience, competence and proficiency in some of the electrical inspection work in a class referred to in subregulation (1), Energy Safe Victoria, by condition imposed on the licence, may specify the types of electrical inspection work that the person may carry out under the licence.

(2) If the applicant is applying for an electrical inspector's licence for the first time or applying to renew a licence that has been expired for more than 5 years, the practical or theory examinations required by subregulation (1)(a)(iii) must have been satisfactorily completed within 5 years of the date of the application.

30 Class "L" inspector's licence

(1) This regulation applies to a person who, on the commencement of these Regulations, holds a licence that was issued under section 40 of the Act and in accordance with regulation 28 of the Electricity Safety (Registration and Licensing) Regulations 2010 under which the person may carry out electrical inspection work prescribed as class "L" in Part A of Schedule 2 to those Regulations.

(2) Subject to complying with the requirements of regulation 35, the person is eligible, at any time before the expiry of that licence, to have issued to that person a licence under which the person may carry out electrical inspection work specified as class "L" in Part A of Schedule 2.

31 Electrical lineworker's licence

For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out electrical work of any or all of the classes specified in Part A of Schedule 3 if—

(a) the person holds the qualification of the description specified in column 2 in the table in Part B of Schedule 3 for the corresponding class specified in column 1 of that table; or

(b) the person's standard of qualifications, proficiency and experience in electrical work is at least of an equivalent standard to that required under paragraph (a).

32 Supervised class "R" electrical lineworker's licence

For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a person under which the person may carry out electrical linework prescribed as class "R" in Part A of Schedule 3 under the effective supervision of a licensed lineworker who is licensed to carry out class "R" linework without supervision if Energy Safe Victoria is satisfied that—

(a) the person is employed by a railway company or a railway infrastructure company; and

(b) the person has (or will obtain through appropriate training) the skills, knowledge and experience to necessary to carry out class "R" linework correctly and safely under effective supervision.

33 Restricted class "C" electrical lineworker's licence

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may issue a licence to a licensed class "D" lineworker under which the person may carry out specified types of electrical linework prescribed as class "C" in Part A of Schedule 3 if Energy Safe Victoria is satisfied that —

(a) the person is employed by a major electricity company or a network infrastructure company; and

(b) the person has (or will obtain through appropriate training) the skills, knowledge and experience to necessary to carry out the specified types of class "C" linework correctly and safely.

(2) Energy Safe Victoria must, by condition imposed on the licence, specify the types of class "C" electrical linework that the licensed person may undertake under the licence.

(3) Energy Safe Victoria may, by condition imposed on the licence, limit the licence so that it only authorises the electrical linework authorised by the licence to be carried out on a specified supply network or on supply networks within a specified geographical area of the State.

34 Refusal of licence

(1) For the purposes of section 40 of the Act, Energy Safe Victoria may refuse to issue a licence to an applicant if Energy Safe Victoria is satisfied that—

(a) the applicant has not complied with these Regulations in relation to the class of licence applied for; or

(b) the applicant has, within 5 years of submitting the application to Energy Safe Victoria, contravened a provision of—

(i) the Act; or

(ii) these Regulations; or

(iii) the Electricity Safety (Installations) Regulations 2009 as in force immediately before their revocation; or

(iv) the Electricity Safety (Registration and Licensing) Regulations 2010 as in force immediately before their revocation; or

(v) the Electricity Safety (General) Regulations 2019; or

(vi) a law of another State or a Territory or of New Zealand which substantially corresponds to the Act or these Regulations or the regulations specified in subparagraph (iii), (iv) or (v); or

(c) the applicant has attempted to obtain a licence as an electrical worker by fraud, misrepresentation or concealment of facts; or

(d) the applicant has, within 5 years of submitting the application to Energy Safe Victoria,—

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

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

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

(2) In addition to the grounds of refusal specified in subregulation (1), Energy Safe Victoria may refuse to issue or renew a licence to a person under which the person may carry out electrical linework prescribed as class "R" in Part A of Schedule 3, under the effective supervision of a licensed lineworker who is licensed to carry out class "R" linework without supervision, for the purposes of—

(a) limiting or reducing the number of supervised class "R" lineworker licences issued; or

(b) phasing out or discontinuing the supervised class "R" lineworker licence.

(3) In addition to the grounds of refusal specified in subregulation (1), Energy Safe Victoria may refuse to issue or renew a licence to a licensed class "D" lineworker under which the person may carry out specified types of electrical linework prescribed as class "C" in Part A of Schedule 3 for the purposes of—

(a) limiting or reducing the number of restricted class "C" lineworker licences issued; or

(b) phasing out or discontinuing the restricted class "C" lineworker licence.

35 Renewal of licences

(1) Subject to this regulation, a licensed electrical worker, other than the holder of a licence under regulation 23, may apply to Energy Safe Victoria for renewal of the worker's licence.

(2) An application for renewal of a licence must be in writing and contain details of any changes in the information provided in the application for the licence or for the most recent renewal of the licence or in any other circumstances relating to the application.

(3) An application for renewal of a licence must be accompanied by evidence of the completion of any continuing professional development that is required by Energy Safe Victoria to be completed before applying for the renewal of a licence or class of licence.

(4) Energy Safe Victoria may require the applicant to provide further information or material relating to the competence of the applicant to carry out the class of electrical work for which the licence is to be renewed.

(5) The prescribed fee for an application for the renewal of a licence (other than a Restricted electrical worker's licence or Electrical inspector's licence) is 13⸱65 fee units.

(6) The prescribed fee for an application for the renewal of a Restricted electrical worker's licence or Electrical inspector's licence is 20⸱42 fee units.

(7) In considering whether to grant a renewal of a licence, Energy Safe Victoria must have regard to whether the applicant has complied with any continuing professional development requirements that are required by Energy Safe Victoria to be completed before applying for the renewal of the licence.

(8) For the purposes of section 40 of the Act, Energy Safe Victoria may refuse to renew the licence of an electrical worker on any of the grounds set out in regulation 34.

(9) If the applicant has not complied with any continuing professional development requirements that are required by Energy Safe Victoria to be completed before applying for the renewal of the licence, Energy Safe Victoria may—

(a) refuse to renew the licence; or

(b) renew the licence with a condition that the required professional development requirements be completed within a specified time not exceeding 12 months from the date the licence is renewed; or

(c) renew the licence without conditions if Energy Safe Victoria considers it is not appropriate or necessary for the applicant to complete the applicable professional development requirements for any reason.

36 Energy Safe Victoria to specify continuing professional development requirements

(1) For the purposes of regulation 35(3), Energy Safe Victoria may, by notice published on an internet site maintained by Energy Safe Victoria, specify the continuing professional development requirements for an electrical licence or a class of electrical licence.

(2) The continuing professional development requirements may include skills maintenance or skills development activities or both and must not exceed for any one class of licence during a renewal period—

(a) 8 hours of skills maintenance activities; and

(b) 8 hours of skill development activities.

(3) The continuing professional development requirements may specify that a skills maintenance requirement must be completed within the 2 year period immediately before making an application for the renewal of a licence.

(4) In this regulation, renewal period means the period between the date the licence is issued or renewed and the date the licence is next due to expire.

37 Cancellation of licence

(1) Energy Safe Victoria may cancel the licence of an electrical worker who surrenders the written licence for cancellation or applies to Energy Safe Victoria in writing for the issue of a licence of another class.

(2) Energy Safe Victoria must cancel the licence of an electrical worker who does not apply for renewal of the licence by the renewal date specified on the licence card.

Part 4—Other matters

38 Apprentices

For the purposes of section 39 of the Act, an apprentice is required to carry out all electrical work under the effective supervision of—

(a) in the case of electrical installation work (other than restricted electrical installation work), a licensed electrician; or

(b) in the case of restricted electrical installation work, a person licensed to carry out the class of restricted electrical installation work they are supervising; or

(c) in the case of electrical switchgear fitting work—

(i) a licensed electrician; or

(ii) a licensed electrical switchgear worker; or

(d) in the case of electrical linework, a licensed lineworker that is licensed to carry out the class of electrical linework they are supervising.

39 Change of name or address

The holder of a licence must notify Energy Safe Victoria within 10 business days after any change in that person's name or address.

Penalty: 10 penalty units.

40 Licence cards

(1) Energy Safe Victoria must issue a licence card to a licensed electrical worker.

(2) A licence card issued to a licensed electrical worker under subregulation (1) is evidence that the electrical worker is licensed by Energy Safe Victoria to carry out a particular class of electrical work.

(3) A person who is issued with a licence card must, upon receipt of the card, sign the card.

1. 10 penalty units.

(4) An electrical worker whose licence has been cancelled must send the licence card to Energy Safe Victoria within 10 business days after the worker receives notice of the cancellation.

Penalty: 10 penalty units.

(5) If a licensed electrical worker demonstrates to Energy Safe Victoria that the licence card issued to the worker has been lost, damaged, or destroyed, Energy Safe Victoria must issue a duplicate card to that electrical worker.

41 Licence card to be produced on demand

A person who is carrying out a class of electrical work prescribed in Division 1 of Part 3 of these regulations must, at the request of an enforcement officer—

(a) produce the person's licence card to the enforcement officer; or

(b) provide details of the person's licence to the officer.

Penalty: 10 penalty units.

Part 5—Fees

42 Fees—rebates

(1) Energy Safe Victoria may rebate the payment of an application fee for the issue or renewal of a registration for an electrical contractor if the registration is to be issued for a period of less than 5 years.

(2) Energy Safe Victoria may rebate the payment of an application fee for the issue or renewal of a licence for an electrical worker if the licence is to be issued for a period of less than 5 years.

43 Fees—refunds

Energy Safe Victoria may refund part of the application fee for the issue or renewal of a licence for an electrical worker if the licence is to be cancelled for the issue of a licence of another class.

44 Fees—waiver—additional classes of electrical work

Energy Safe Victoria may waive the application fee for the issue of a licence to an applicant who is a licensed electrical worker if the applicant is applying to have an additional class of electrical work added to their licence.

45 Fees—waiver—lineworker's licence

(1) Energy Safe Victoria may waive the application fee for the issue of a lineworker licence for an applicant if—

(a) the applicant applied for the lineworker licence within one year after the day these Regulations commenced; and

(b) in the opinion of Energy Safe Victoria, the applicant met the requirements of regulation 31, 32 or 33 in relation to the class of lineworker licence the applicant is applying for immediately before the commencement of these Regulations.

(2) Energy Safe Victoria may waive part of the application fee for the renewal of a lineworker licence for an applicant if—

(a) the applicant was issued a lineworker licence on or after 1 January 2021; and

(b) that licence was issued for a period that was less than 5 years duration.

Part 6—Infringement notices

46 Provisions under which infringement notices may be served

For the purposes of paragraph (b) of the definition of prescribed offence in section 140A of the Act, regulations 14(1)(a), 14(1)(d), 14(1)(e), 14(2) and 14(3), 17(3)(a), 17(3)(b) and 17(4), 39, 40(3) and 40(4), and 41 are prescribed provisions.

Schedule 1—Occupational areas

Regulations 4, 27(5) and 28(5)

1. Air conditioning and refrigeration

2. Instrumentation

3. Electronics

4. Water heaters

5. Electrical appliances

6. Preassembled neon signs

7. Composite equipment

8. Control devices

9. Gas appliances

10. Motors

11. Hazardous area equipment

Sch. 2 amended by S.R. No. 103/2022 regs 7, 8.

Schedule 2

Regulations 19, 29 and 30

Part A—Specified classes of electrical inspection work

Part B—Required qualifications, proficiency and experience in electrical inspection work

Schedule 3

Regulations 20, 31, 32, 33 and 34

In this Schedule—

associated electrical distribution equipment means any of the following—

(a) pole mounted insulators;

(b) pole mounted switchgear including isolators, fuse switches, drop out switches, sectionalisers and surge arrestors;

(c) vibration dampers;

(d) crossarms;

associated electrical traction equipment means any of the following—

(a) pole, tower, stanchion or gantry mounted insulators;

(b) pole, tower, stanchion or gantry mounted switchgear including isolators, fuse switches, drop out switches, sectionalisers and surge arrestors.

associated electrical transmission equipment means insulators, corona rings, aerial ground wires, spacers, shackles, turnbuckles and vibration dampers;

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

connecting, in relation to an electrical cable, means the mechanical and electrical connection of electrical cables to each other or to another conductor or electrical equipment in a manner capable of receiving an electric current but does not include jointing;

distribution supply network means a supply network ordinarily operated at a nominal voltage exceeding extra low voltage but not exceeding 66 000 volts;

jointing, in relation to an electrical cable, means the joining together of two or more insulated underground electric cables in a manner that meets the specification and construction of the cables being joined;

MEC distribution supply network means a distribution supply network owned or operated by a Major Electricity Company;

MEC transmission supply network means a transmission supply network owned or operated by a Major Electricity Company;

overhead electrical conductors means conductors that are placed above the ground or water and in the open air;

terminating, in relation to an electrical cable, means making ready the end of an insulated underground electric cable in a manner suitable for connection to electrical equipment;

traction supply network means the supply network of a railway or tramway;

transition jointing means the joining of two or more cables of differing specification or construction in a manner that maintains, as far as practicable, the characteristics of both cable types;

transmission supply network means a supply network ordinarily operated at a nominal voltage of 66 000 volts or above;

underground electric cable means a conductor placed under the ground and includes any part of the conductor that is at or above the surface of the ground;

underground service cable means an underground electric cable that—

(a) has a cross sectional area no greater than 50 millimetres; and

(b) is the final span or section of an underground MEC distribution supply network used to connect a premises to electricity supply;

Part A—Specified classes of electrical linework that require a licence

Part B—Required qualifications in electrical linework for a class of lineworker licence

Note

Regulation 31(b) provides that Energy Safe Victoria may issue a lineworker licence to a person if the person's standard of qualifications, proficiency and experience in electrical work is at least of an equivalent standard to the requirements set out in Part B of this Schedule.

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Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Electricity Safety (Registration and Licensing) Regulations 2020, S.R. No. 136/2020 were made on 15 December 2020 by the Governor in Council under sections 149, 152, 156 and 157 of the Electricity Safety Act 1998, No. 25/1998 and came into operation on 1 January 2021: regulation 3.

The Electricity Safety (Registration and Licensing) Regulations 2020 will sunset 10 years after the day of making on 15 December 2030 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

This publication incorporates amendments made to the Electricity Safety (Registration and Licensing) Regulations 2020 by statutory rules, subordinate instruments and Acts.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Electricity Safety (Registration and Licensing) Amendment Regulations 2022, S.R. No. 103/2022

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3 Explanatory details

1. Reg. 4 def. of alternative design solution: S.R. No. 113/2019. ↑

2. Reg. 11(b)(iv): S.R. No. 21/2010.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

——

Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

| **Statutory Rule Provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 4, definitions of ***accessories***, ***Australian/New Zealand Wiring Rules***, ***hazardous area*** | AS/NZS 3000:2018 Electrical Installations (known as the Australian/New Zealand Wiring Rules), 6th edition, published by Standards Australia on 26 June 2018 incorporating amendment No. 1 (January 2020) | Section 1 |
| Regulation 4, definitions of ***AS/NZS 3003***, ***patient area*** | AS/NZS 3003:2018 Electrical installations—Patient areas, 6th edition, published by Standards Australia on 26 March 2018 incorporating amendment No. 1 (July 2019) | Section 1 |
| Regulation 4, definitions of ***AS/NZS 5139***, ***battery energy storage system*** | AS/NZS 5139:2019 Electrical installations—Safety of battery systems for use with power conversion equipment, published by Standards Australia on 11 October 2019 | Section 1 |

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