Electricity Safety Bill 2020

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TASMANIAELECTRICITY SAFETY BILL 2020CONTENTSPART 1 – PRELIMINARY1.Short title2.Commencement3.Interpretation4.Regulated activities5.Application of Act6.Act binds Crown7.Act does not derogate from certain ActsPART 2 – ADMINISTRATIONDivision 1 – Director of Electricity Safety8.Director of Electricity Safety9.Functions of Director10.Powers of Director11.Delegation12.Advisory committeesDivision 2 – Determinations and directions13.Making of determinations14.Determinations to be published and made available15.Power to direct rectification, &c.16.Relocation of certain infrastructure or installations17.Power to direct discontinuance of supply

18.Power to direct discontinuance of use19.Power to direct discontinuance of practice20.Power of investigation21.Publication of result of investigation22.Safety and compliance audit23.Court ordersPART 3 – SAFETY OF INFRASTRUCTURE, INSTALLATIONS ANDELECTRICAL EQUIPMENTDivision 1 – General requirements for safe operation24.General requirements for safe operationDivision 2 – Power supply, ownership, boundaries and access25.Responsibility for infrastructure and installations26.New power supply lines27.Existing power supply lines28.Energisationinstallations29.Identification of location of electricitycommencement of activities or work30.Safe envelope clearance space31.Vegetation clearance space32.Inspection of aerial wiring systems and supporting structures33.Restrictions on work near electricity infrastructure, &c.34.Inspection of suspected unsafe electricity infrastructure andelectrical lectricalbeforeDivision 3 – Regulated activities, &c.235.Regulated activities to be carried out with due care36.Structures and objects in safety and operational area37.Regulated activities near electricity infrastructure38.Connection of electrical installations39.De-energised or disconnected electrical installations40.Inspection and maintenance of aerial wiring systems41.Inspection and maintenance of installation generation assets

42.Hazardous area electrical installations43.High voltage electrical installations44.Unconnected electrical installations45.Cathodic protection systemsPART 4 – SAFETY OF ELECTRICAL EQUIPMENTDivision 1 – Interpretation46.Interpretation of Part 447.Minister may determine corresponding law48.Person not also liable under corresponding law49.Director may determine electrical equipment to not be in-scopeelectrical equipment50.Standards for electrical equipment that is not in-scope electricalequipment51.Determination of electrical equipment to be controlled electricalequipmentDivision 2 – Certificate of suitability52.Meaning of certificate of suitability53.Application for certificate of suitability of electrical equipment54.Consideration of application for certificate of suitability55.Term of certificate of suitability56.Variation of certificate of suitability57.Suspension of certificate of suitability58.Cancellation of certificate of suitability59.Certificate of suitability issued by regulatory authority orexternal certifier taken to be issued by Director60.Suspension of certificate of suitability issued by regulatoryauthority or external certifier by the DirectorDivision 3 – Certificate of conformity61.Meaning of certificate of conformity62.Application for certificate of conformity63.Consideration of application for a certificate of conformity64.Term of certificate of conformity3

65.Variation of certificate of conformity66.Re-examination67.Suspension of certificate of conformity68.Modifications after issue of certificate of conformity69.Cancellation of certificate of conformity70.Certificate of conformity issued by regulatory authority or anexternal certifier71.Suspension of certificate of conformity issued by regulatoryauthority or external certifier by DirectorDivision 4 – Registration of responsible supplier72.Responsible supplier in Tasmania registered in Register73.Recording, amendment or removal of a matter on the Register74.Application for exemption of registered responsible supplier orin-scope electrical equipment75.Exemption for registered responsible supplier or in-scopeelectrical equipment76.Grounds for cancellation of registration of responsible supplier77.Grounds for cancellation of registration of electrical equipment78.Show cause notice79.Cancellation of registration by Director80.Evidence of registration and registered mattersDivision 5 – Alternative mark to regulatory compliance mark81.Approval of alternative mark to regulatory compliance markDivision 6 – Prohibition of supply and recall of electrical equipment82.Prohibition of supply of electrical equipment83.Offence to disobey prohibition84.Recall of electrical equipment85.Offence to fail to comply with requirementPART 5 – ELECTRICITY SAFETY MANAGEMENT486.Safety management systems87.Safety management system to minimise risk88.System manager

89.Validation of safety management system90.Additional information91.Acceptance of safety management system92.Refusal of safety management system93.Director may determine safety management system94.Compliance with safety management system95.Revised safety management system96.Director may require submission of revised safety managementsystem97.Offence to fail to submit revised safety management systemwhen required98.Application of provisions to revised safety management system99.Audit of safety management system100.Fees for safety management systemPART 6 – SERIOUS ELECTRICAL ACCIDENTS101.Interpretation of Part 6102.Notification and reporting of serious electrical accidents103.Interference with site of serious electrical accident104.Investigation of serious electrical accidents105.Publication of details of serious electrical accidents106.Relationship with Coroners Act 1995PART 7 – ELECTRICITY ENTITIES’ POWERS AND DUTIESDivision 1 – Electricity safety officers107.Interpretation of Part 7108.Appointment of electricity safety officers109.Entity and retailer to keep and maintain register110.Reporting to Director111.Electricity safety officer identity card112.Electricity safety officers may enter land or premises in relationto electricity infrastructure113.Obstruction, &c., of authorised entry5

Division 2 – Powers relating to electrical installations114.Entry to inspect electrical installations115.Entry to disconnect supply for safety reasonsDivision 3 – Powers and duties in emergencies116.Electricity entity may disconnect electricity supply to avertdanger117.Emergency powers of electricity safety officers118.Emergency legislation not affectedPART 8 – ENFORCEMENTDivision 1 – Enforcement of Act119.Enforcement of Act by Director120.Warrant to enter premisesDivision 2 – Appointment of authorised officers121.Appointment of authorised officers122.Conditions of appointment123.When person ceases to be authorised officer124.Authorised officer’s identity cardDivision 3 – Powers of authorised officers125.Authorised investigations126.Powers of authorised officers127.Powers of entry128.General investigative powers of authorised officers129.Power to make rectification order130.Powers of authorised officers in emergency131.Disconnection of electricity supply132.Power to make electricity infrastructure or electrical installationssafe133.Power to require informationDivision 4 – Infringement notices134.6Infringement notices

Division 5 – Legal proceedings135.Limitation period for prosecutionsPART 9 – REVIEW OF DECISIONSDivision 1 – Administrative review of decisions136.Interpretation of Part137.Application for reasons for decision138.Application for administrative review139.Stay of operation of decision140.Reference of application for mediation141.Decision on application for review of administrative decision142.Reference of application for review for mediation or adviceDivision 2 – Judicial review of administrative decision143.Judicial review of administrative decisionPART 10 – OFFENCESDivision 1 – Offences relating to in-scope electrical equipment144.Supply level 1 in-scope electrical equipment145.Supply level 2 in-scope electrical equipment or level 3 in-scopeelectrical equipment146.Documentary evidence level 1 in-scope electrical equipment147.Documentary evidence level 2 in-scope electrical equipment148.Documentary evidence level 3 in-scope electrical equipment149.Offence for holder of suspended certificate to supply or offer inscope electrical equipment150.Offence to sell unregistered in-scope electrical equipment151.Offence for person other than responsible supplier to supply oroffer in-scope electrical equipment152.Offence by the responsible supplier to supply or offer to supplyin-scope electrical equipment that is not marked153.Offence to mark in-scope electrical equipment that does notsatisfy relevant standard154.Offence for person to offer in-scope electrical equipment for hire7

155.Offence to supply second-hand equipment that is in-scopeelectrical equipment to another personDivision 2 – Offences generally156.Offence not to comply with direction or determination157.Offence to supply or sell electricity to unsafe electricalinstallations158.Unlawful interference with electricity infrastructure or electricalinstallations159.Impersonation, obstruction of officials160.Giving of false or misleading information161.Confidentiality162.Verification of information163.Offences by bodies corporate164.Continuing offence165.Statutory declarations166.General defencePART 11 – MISCELLANEOUS8167.Exemptions168.Extension of time limits169.Obligation not to interfere with regulated activities170.Immunity from personal liability171.Evidence172.Service of notices173.Notices not statutory rules174.Director may make or adopt guidelines175.Director may require information to be provided176.Obligation to preserve confidentiality177.Regulations178.Savings and transitional provisions179.Administration of Act

ELECTRICITY SAFETY BILL 2020(Brought in by the Minister for Building and Construction, theHonourable Sarah Courtney)A BILL FORAn Act to regulate electricity infrastructure, electricalinstallations, electrical equipment, and certain activitiesnear electricity infrastructure and electrical installations;to provide for safety and related technical standards thatensure the electricity infrastructure, electrical installationsand electrical equipment are safe, designed, maintainedand managed in a manner that protects persons andproperty, and for related purposesBe it enacted by His Excellency the Governor of Tasmania, byand with the advice and consent of the Legislative Council andHouse of Assembly, in Parliament assembled, as follows:PART 1 – PRELIMINARY1. Short titleThis Act may be cited as the Electricity SafetyAct 2020.2. CommencementThis Act commences on a day to be proclaimed.[Bill ]9

Electricity Safety Act 2020Act No. of 2019Part 1 – Preliminarys. 33. InterpretationIn this Act, unless the contrary intentionappears –aerial wiring system means an above-groundsystem of conductors and associatedequipment that are supported by aninsulator or purposed-designed fittings;approved means approved by the Director;authorised officer means a person currentlyappointed as an authorised officer underPart 8 of this Act;certificate of electrical compliance means theapproved form for the notification ofprescribed electrical work as requiredunder the Occupational Licensing Act2005;contractor has the same meaning as in theOccupational Licensing Act 2005;controlled electrical equipment meanselectrical equipment determined to becontrolled electrical equipment undersection 51;court means the Magistrates Court(Administrative Appeals Division);defective, in respect of any premises, electricalinfrastructure or electrical installations,means –10

Electricity Safety Act 2020Act No. of 2019Part 1 – Preliminary(a)not complying with applicablestandards of electrical work, or acode of practice; or(b)degraded or damaged so as to bein an unsafe condition; or(c)in an incomplete and unsafecondition; or(d)premises, electrical infrastructureor electrical installations that isdetermined to be defective undera code of practice or inaccordance with the regulations;s. 3Director means the Director of ElectricitySafety appointed under section 8;disconnection means the separation ofelectricalequipment,electricityinfrastructure or an electrical installationfrom all sources of supply of electricity;distribution network means the electricalapparatus and any other electricalequipment owned and operated by anelectricity entity and used for the purposeof distributing electricity to a consumerup to and including the point of , lines, cables and conductorsused for the generation, conversion,storage, transmission, distribution orutilisation of electrical energy andincludes wiring systems, switchgear,11

Electricity Safety Act 2020Act No. of 2019s. 3Part 1 – Preliminarycontrol gear, accessories,equipment, lights and fittings;electricalelectrical equipment means equipmentmanufacturedandapprovedinaccordance with the electrical equipmentsafety system;electrical equipment safety system means thenational model regulatory framework,adopted by the Electrical RegulatoryAuthorities Council, for improvingconsumer safety in interactions withhousehold electrical equipment;electrical installation means any electricalapparatus installed for the conveyance,control, protection, measurement or useof electricity whether or not it isconnected to a distribution network;electrical work has the meaning given byregulation 4 of the OccupationalLicensing (Electrical Work) Regulations2018;electricity entity has the same meaning as inthe Electricity Supply Industry Act 1995;electricity infrastructure means any electricalapparatus used for the generation,transmission or distribution of electricitythat is owned and operated by anelectricity entity;electricity storage system means a system ormethod, or a number of systems or12

Electricity Safety Act 2020Act No. of 2019Part 1 – Preliminarys. 3methods, used to safely store electricalenergy for later use on demand;electrical work has the same meaning as in theOccupationalLicensing(ElectricalWork) Regulations 2019;energise means to connect to a source ofelectrical supply to enable the flow ofelectricity;generation assets meansapparatus that is –anyelectrical(a)owned by an electricity entity;and(b)used for theelectricity; and(c)connected tonetwork od industry practice means standards,practices, methods and proceduresconforming to the law and the degree ofskill and care, diligence, prudence andforesight which would reasonably andordinarily be expected from a skilled andexperienced person or body engaged in asimilar type of undertaking under thesame or similar circumstances;high voltage has the meaning given it byAS/NZS 3000;13

Electricity Safety Act 2020Act No. of 2019s. 3Part 1 – Preliminaryin-scopeelectricalequipmentelectrical equipment that –means(a)operates at or within a prescribedvoltage range; and(b)is designed or marketed assuitable for household, personalor similar use –but does not include electrical equipmentof a type determined by the Director notto be in-scope electrical equipment;installation generation assets means anelectricity generation system, whether ornot it is connected to an electricitynetwork, with a nominal capacity of lessthan 5 megawatts;operator means a person who is engaged byan electricity entity, owner or operator tooperateandmaintainelectricityinfrastructure or an electrical installation;owner, in relation to premises, includes thefollowing persons:14(a)in the case of a fee simple estatein land, the person in whom thatestate is vested;(b)in the case of land not registeredunder the Land Titles Act1980 and subject to a mortgage,the person having, for the time

Electricity Safety Act 2020Act No. of 2019Part 1 – Preliminarys. 3being, the equity of redemption inthat mortgage;(c)in the case of premises held undera tenancy for life, the person whois the life tenant;(d)in the case of premises held undera lease for a term of not less than99 years or for a term of not lessthan such other prescribed period,the person who is the lessee ofthe premises;(e)if the premises are Crown land,the Minister, authority or otherperson responsible for themanagement of the land;(f)in the case of a transportablestructure, vehicle or vessel, theregistered owner of the structure,vehicle or vessel;(g)any other person holding aprescribedinterestinthepremises;point of connection means the point wherethe electrical installation and anyelectrical equipment connect;point of supply means the point ofdemarcation of ownership between theelectricityentity’selectricityinfrastructure and the owner’s electricalinstallation;15

Electricity Safety Act 2020Act No. of 2019s. 3Part 1 – Preliminarypremises means a place to which electricity issupplied and includes –(a)a temporary or permanentbuilding or structure; and(b)a transportable structure, vehicleor vessel;safe envelope clearance means an exclusion(or restricted) zone associated withactivities in the vicinity of electricityinfrastructure or an electrical installation;safety and operational area has the samemeaning as in the Electricity Wayleavesand Easement Act 2000;safety management system means a systemreferred to in Part 5;serious electrical accident means an accidentinvolving –16(a)electrocution; or(b)electric shock serious enough tocause temporary or permanentdisability or to require medicaltreatment; or(c)electricity that produces a burnseriousenoughtocausetemporary or permanent disabilityor to require medical treatment;or

Electricity Safety Act 2020Act No. of 2019Part 1 – Preliminary(d)s. 4an electrical failure that causessignificant damage to electricalequipment or property;transmission network means the electricityapparatus and any other equipment orplant owned and operated by anelectricity entity and used for thepurposes of transmitting electricity to thedistribution network from the generationassets;vegetation clearanceclearance spacesection 31.space means thedetermined under4. Regulated activities(1)For the purposes of this Act, the following areregulated activities:(a)the supply and use of electricity;(b)the design, management, maintenance,and decommissioning or removal ofelectrical ,testing, approval, marking and sale;(d)other activities in the safe envelopeclearance of electricity infrastructure andelectrical installations;(e)maintenance of vegetation clearancespace from electricity infrastructure andelectrical installations.17

Electricity Safety Act 2020Act No. of 2019Part 1 – Preliminarys. 5(2)In this Act, a reference to a regulated activityincludes all operations and activities reasonablynecessary for, or incidental to, that activity.5. Application of ActThis Act applies to, and in respect of, the supplyand use of electricity, including electricityinfrastructure, electrical installations andelectrical equipment.6. Act binds CrownThis Act binds the Crown in right of Tasmaniaand, so far as the legislative power of Parliamentpermits, in all its other capacities.7. Act does not derogate from certain ActsThis Act is in addition to, and does not derogatefrom, the Electricity Supply Industry Act 1995,the Work Health and Safety Act 2012 and theOccupational Licensing Act 2005.18

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 8PART 2 – ADMINISTRATIONDivision 1 – Director of Electricity Safety8. Director of Electricity Safety(1)The Minister is to appoint a State Service officeror State Service employee to be Director ofElectricity Safety and that officer or employeeholds that office in conjunction with StateService employment.(2)The Director is to perform the functionsimposed, and may exercise the powersconferred, on the Director under this Act.9. Functions of DirectorThe Director has the following functions:(a)establish, maintain and enforce, safetyand technical standards in respect s, electrical equipment andany associated activities in the safeenvelopeclearanceofelectricalinfrastructure and electrical cribed requirements for the ongoingmaintenance and suitability for service ofelectricity infrastructure and electricalinstallations;19

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 10(c)establish, maintain and monitor therequirements for the inspection and auditof electricity infrastructure, electricalinstallations, electrical equipment andelectricity safety management schemes;(d)advise the minister on legislation andothermattersrelatingtotheadministration of the Act;(e)to confer with and seek advice from StateService Agencies, approved authoritiesand any other persons, bodies ororganisations engaged in any relevantindustry and other interested groups orbodies, on matters relating to theadministration of this Act;(f)to confer with and seek advice from anynational body established to deal withmatters relating to electricity safety andto represent Tasmania in respect of theadministration of this Act;(g)to carry out any other functions relatingto the administration of this Act that theMinister determines.10. Powers of Director(1)20The Director may do all things necessary ordesirable to be done in connection with,incidental to, or related to the performance andexercise of the Director’s functions and powers.

Electricity Safety Act 2020Act No. of 2019Part 2 – Administration(2)s. 10For the purposes of this Act and without limitingsubsection (1), the Director may –(a)enter any land or premises whereelectrical work is being, is to be, or hasbeen, performed; and(b)enter any land or premises if necessary toperform any function or exercise anypower under this Act; and(c)enter land or premises where businessrelating to electrical work is being, or hasbeen, performed or on which it isbelieved on reasonable grounds thatdocuments relating to electrical work,electricity infrastructure or any electricalinstallation are kept; and(d)take photographs, films and videorecordings on any land, or in anypremises, lawfully entered in theperformance of his or her functions underthis Act or any other Act; and(e)require records or documents relating toelectrical work, electricity infrastructureor any electrical installation to beprovided to the Director; and(f)search for, inspect, or require explanationin respect of, any record required to bekept, or provided, under this Act; and(g)either –21

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 11(3)(i)take notes, copies and extracts ofor from any record or documentprovided or made available underthis section; or(ii)remove, and retain in thepossession of the Director, anyrecord or document provided ormade available under this section.If a record or document is retained by theDirector under this section, the Director –(a)may make copies of the record ordocument; and(b)must return the record or document assoon as practicable after the record ordocument is no longer required by theDirector.11. Delegation22(1)The Director may, by instrument in writing,delegate to any person who, in the Director’sopinion, is competent and suitable, the exerciseof the powers of the Director under this Act(other than this power of delegation) that arespecified in the instrument of delegation.(2)Notwithstanding any delegation under thissection, the Director may continue to exercise allor any of the powers delegated.

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 1212. Advisory committees(1)The Director may establish an advisorycommittee to advise the Director on specifiedaspects of the administration of this Act.(2)The members of an advisory committee areappointed and hold office on terms andconditions determined by the Director.Division 2 – Determinations and directions13. Making of determinations(1)The Director may make a determination.(2)A determination may provide for any matterrelating or incidental to the safety of a regulatedactivity, electricity infrastructure, electricalinstallation, electrical equipment or electricitystorage system.(3)A determination must be consistent with thisAct.(4)If there is an inconsistency between adetermination and this Act, the determination isinvalid to the extent of the inconsistency.(5)A determination may be made so as to applydifferently according to matters, limitations orrestrictions, whether as to time, circumstance orotherwise, specified in the determination.(6)A determination may authorise any matter to befrom time to time determined, applied orregulated by the Director.23

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 1414. Determinations to be published and made available(1)(2)24As soon as practicable after the Director makes adetermination, the Director is to cause thedetermination to be –(a)published on a website that is accessibleby the public; or(b)made available for viewing by membersof the public by any other means that theDirector considers appropriate.The Director must provide a person with a copyof a determination or part of a determination ifthe person –(a)requests it; and(b)pays to the Director a reasonable feedetermined by the Director.(3)A copy of a determination may be in electronicform.(4)The Director must allow a person to peruse adetermination, free of charge, at the office of theDirector at any time within the hours duringwhich that office is normally open.(5)The Director may, on his or her own initiative orat the request of any person, amend, rescind orsubstitute a determination as specified in, and inaccordance with, the determination.

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 1515. Power to direct rectification, &c.(1)If, in the Director’s opinion, any electricalinfrastructure, electrical installation, electricalequipment or electricity storage system isdeficient in any respect, the Director may directthe owner or person in charge of theinfrastructure, installation, equipment or storagesystem to carry out specified work to inspect,test, maintain, repair or replace theinfrastructure, installation, equipment or storagesystem within a specified period.(2)This section extends to both technical andstructural deficiencies.(3)If a person does not comply with a directionwithin the period specified, the Director maydisconnect the electrical infrastructure, electricalinstallation, electrical equipment or electricitystorage system.16. Relocation of certain infrastructure or installationsThe Director may direct the person in charge on or electricity storage system that hasbeen erected in, or adjacent to, a public road toremove and relocate the infrastructure,installation or storage system in accordance withrequirements stipulated in the direction if, in theDirector’s opinion, the infrastructure, installationor storage system may be or become a hazard totraffic.25

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 1717. Power to direct discontinuance of supplyThe Director may direct an electricity entity todiscontinue the supply of electricity to aparticular electrical installation or a particularpart of an electrical installation if the Directorconsiders it necessary to do so for reasons ofsafety.18. Power to direct discontinuance of useThe Director may direct the person in charge ofa particular piece of electrical equipment todiscontinue use of the equipment if the Directorconsiders it necessary to do so for reasons ofsafety.19. Power to direct discontinuance of practiceThe Director may direct a person to stop aparticular practice if the Director considersnecessary to do so for reasons of safety.20. Power of investigation(1)26The Director may carry out, or appoint anauthorised officer to carry out, an investigationinto the following:(a)a serious electrical accident;(b)a complaint relating to an electricalsafety matter;

Electricity Safety Act 2020Act No. of 2019Part 2 – Administration(2)(c)possible non-compliance with a directionor determination;(d)any other electrical safety matter that intheDirector’sopinionwarrantsinvestigation.s. 20For the purposes of an investigation, the Directoror an authorised officer may exercise any one ormore of the following powers:(a)enter and inspect the place of theaccident or other matter;(b)inspect and test any electrical equipment;(c)take photographs;(d)take for testing and analysis anysubstance or thing that may relate to theaccident or other matter;(e)take possession of any thing that may beevidence of an offence;(f)require any person who may be in aposition to do so to answer questions, orto produce records or other materials,that may be relevant to the accident orother matter and take copies of any suchrecords or other materials;(g)make copies of, or take extracts from,any such records or other materials;(h)require the occupier of the place of theaccident or other matter to providereasonable assistance to the authorised27

Electricity Safety Act 2020Act No. of 2019Part 2 – Administrations. 21officer in the exercise of powers underthis section.(3)The Director or an authorised officer may notenter residential premises under this sectionunless authorised to do so by the occupier or awarrant.(4)A person of whom a requirement is made underthis section must comply with the requirement.Penalty: In the case of –(a)a body corporate, a fine notexceeding 500 penalty units.(b)an individual, a fine notexceeding 100 penalty units; or21. Publication of result of investigation(1)The Director may publish a report setting out theresults of an investigation.(2)A report published under this section is protectedby the defence of absolute privilege, within themeaning of section 27 of the Defamation Act2005.22. Safety and compliance audi

Division 1 - Electricity safety officers 107. Interpretation of Part 7 108. Appointment of electricity safety officers 109. Entity and retailer to keep and maintain register 110. Reporting to Director 111. Electricity safety officer identity card 112. Electricity safety officers may enter land or premises in relation to electricity .

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