Occupational Licensing (Electrical Work) Amendment Regulations 2010
I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Occupational Licensing Act 2005 .
6 December 2010PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. J. O'BYRNE
Minister for Workplace Relations
These regulations may be cited as the Occupational Licensing (Electrical Work) Amendment Regulations 2010 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Occupational Licensing (Electrical Work) Regulations 2008 are referred to as the Principal Regulations.
4. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is amended as follows:(a) by omitting paragraph (c) from the definition of reciprocating jurisdiction in subregulation (1) and substituting the following paragraph:(c) a jurisdiction determined by the Administrator to be a reciprocating jurisdiction;(b) by omitting subregulation (3) .
5. Regulation 8 amended (Application for issue or renewal of electrical contractor's licence)
Regulation 8 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "and is to be accompanied by the prescribed fee in respect of the application";(b) by omitting subregulation (3) .
6. Regulation 10 amended (Insurance for electrical contractors)
Regulation 10(3) of the Principal Regulations is amended by omitting the penalty and substituting the following penalty:
7. Regulation 12 amended (Application for issue or renewal of electrical practitioner's licence)
Regulation 12 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (2) "approved form and is to be accompanied by the prescribed fee in respect of the application." and substituting "approved form.";(b) by omitting subregulation (3) .
8. Part 2, Division 3 inserted
After regulation 13 of the Principal Regulations , the following Division is inserted in Part 2:Division 3 - Additional occupationsIn addition to any other fee required to be paid, a person intending to apply for, or to renew, more than one occupation on a licence must pay, on application, the fee specified in Part 3 of Schedule 1 for each additional occupation to be included, or renewed, on the licence.
9. Regulation 16 amended (Classification of electrical work)
Regulation 16(1) of the Principal Regulations is amended by inserting after paragraph (b) the following paragraphs:(ba) electrical work that is required to be notified when it is capable of being energised;(bb) electrical work that is not required to be notified when it is capable of being energised;
10. Regulation 17 amended (Duties regarding recording of electrical work)
Regulation 17 of the Principal Regulations is amended as follows:(a) by omitting the penalty from subregulation (1) and substituting the following penalty:(b) by omitting the penalty from subregulation (2) and substituting the following penalty:
11. Regulation 18 amended (Duty to notify electrical work)
Regulation 18(1) of the Principal Regulations is amended by omitting the penalty and substituting the following penalty:
12. Regulation 20 amended (Restrictions on energising of electrical work)
Regulation 20 of the Principal Regulations is amended as follows:(a) by omitting subregulation (1) and substituting the following subregulation:(1) A person must not energise any electrical work that is of high voltage, or in a hazardous area, unless –(a) an approved certification of compliance for the work has been submitted to, and accepted by, an authorised officer; or(b) an authorised officer otherwise permits.(b) by omitting the penalty from subregulation (3) and substituting the following penalty:
13. Regulation 22 amended (Rectification of defective electrical work)
Regulation 22(5) of the Principal Regulations is amended by omitting the penalty and substituting the following penalty:
14. Regulation 23 amended (Reinspection of defective electrical work)
Regulation 23 of the Principal Regulations is amended as follows:(a) by omitting the penalty from subregulation (4) and substituting the following penalty:(b) by omitting the penalty from subregulation (6) and substituting the following penalty:
15. Regulation 24 amended (Cost of inspection, &c., not to be passed on)
Regulation 24(1) of the Principal Regulations is amended by omitting the penalty and substituting the following penalty:
16. Regulation 25 amended (Administrator to be notified of changed particulars)
Regulation 25 of the Principal Regulations is amended as follows:(a) by omitting the penalty from subregulation (1) and substituting the following penalty:(b) by omitting the penalty from subregulation (2) and substituting the following penalty:
17. Regulation 28 amended (Infringement notices and demerit points)
Regulation 28 of the Principal Regulations is amended as follows:(a) by omitting from subregulation (1)(a) " Part 1 of Schedule 3 " and substituting " Part 1 of Schedule 2 ";(b) by omitting from subregulation (1)(b) " Part 2 of Schedule 3 " and substituting " Part 2 of Schedule 2 ";(c) by omitting from subregulation (2) " Part 1 or 2 of Schedule 3 " and substituting " Part 1 or 2 of Schedule 2 ";(d) by omitting from subregulation (3) " Part 1 or 2 of Schedule 3 " and substituting " Part 1 or 2 of Schedule 2 ".
18. Schedules 1 , 2 and 3 amended
Schedules 1 , 2 and 3 to the Principal Regulations are rescinded and the following Schedules are substituted:SCHEDULE 1 - FeesRegulations 3 , 7 , 11 and 13
PART 1 - Licences
Item No.
Regulation
Matter
Fee (fee units)
1.
Annual fee for electrical contractor licence
330
2.
Triennial fee for electrical practitioner's licence, other than a provisional licence, provisional restricted licence or restricted licence
210
3.
Triennial fee for restricted electrical practitioner's licence
210
4.
Annual fee for provisional licence or provisional restricted practitioner's licence
150
PART 2 - Regulation of Electrical Work
Item No.
Regulation or section of Act
Matter
Fee (fee units)
1.
Notification fee
25
2.
Notification of rectification of defective electrical work (first notice)
30
3.
Notification of rectification of defective electrical work (increased fee for late notification)
60
4.
Reinspection of defective electrical work and issuing of second rectification notice
120
5.
Further reinspection of defective electrical work and issuing of third or subsequent rectification notice
120
PART 3 - Miscellaneous Fees
Item No.
Regulation or section of Act
Matter
Fee (fee units)
1.
Sit for examination for purposes of regulation 13
30
2.
Fee for each additional occupation to be included, or renewed, on a licence
100
3.
Issue of duplicate certificate of identification
25
4.
Inspection of register, otherwise than by World Wide Web
30
5.
Extract from register
30
SCHEDULE 2 - Offences and Penalties for Infringement Notices and Demerit PointsRegulation 28(1) , (2) and (3)
PART 1 - Offences under Occupational Licensing Act 2005
Item No.
Column 1
Column 2
Column 3
Section of Act
Penalty in relation to infringement notice (penalty units)
Demerit points
Body corporate
Natural person
1.
13(2)
5
2.5
2
2.
16(4)
12.5
6
3
3.
16(5)
2.5
1
1
4.
20
20
10
5
5.
21
20
10
nil
6.
22(1)
20
10
nil
7.
22(2)
20
10
5
8.
22(3)
20
10
5
9.
23(1)
5
2.5
2
10.
23(2)
5
2.5
2
11.
23(3)
12.5
6
4
12.
23(4)
12.5
6
4
13.
23(5)
12.5
6
4
14.
24
2.5
1
nil
15.
25(1)
12.5
6
4
16.
25(2)
12.5
6
4
17.
25(3)
12.5
6
4
18.
26(1)
20
10
5
19.
26(2)
20
10
5
20.
26(4)
20
10
5
21.
29(1)
20
10
5
22.
29(2)
9
4.5
3
23.
29(4)
9
4.5
3
24.
29(5)
9
4.5
3
25.
38(1)
9
4.5
3
26.
38(2)
20
10
5
27.
38(3)
9
4.5
3
28.
38(4)
9
4.5
3
29.
38(5)
9
4.5
3
30.
38(6)
12.5
6
4
31.
40(2)
9
4.5
3
32.
41(3)
9
4.5
3
33.
44(2)
2.5
1
1
34.
47(1)
2.5
1
1
35.
47(2)
2.5
1
1
36.
54(2)
5
2.5
2
37.
57(3)
12.5
6
4
38.
58(3)
9
4.5
3
39.
97
5
2.5
2
40.
98(4)
5
2.5
2
41.
99(4)
20
10
5
42.
100
5
2.5
2
PART 2 - Offences under these regulations
Item No.
Column 1
Column 2
Column 3
Regulation
Penalty in relation to infringement notice (penalty units)
Demerit points
Body corporate
Natural person
1.
10(3)
1.25
0.5
1
2.
17(1)
1
0.5
1
3.
17(2)
2.5
0.5
2
4.
18(1)
2.5
1.25
2
5.
20(1)
2.5
1.25
2
6.
20(3)
3.75
2
3
7.
22(5)
2.5
1.25
2
8.
23(4)
3.75
2
3
9.
23(6)
6.25
3.25
4
10.
24(1)
6
3
4
11.
25(1)
1
0.5
1
12.
25(2)
2.5
1
2
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 15 December 2010
These regulations are administered in the Department of Justice.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations amend the Occupational Licensing (Electrical Work) Regulations 2008 by –(a) amending which jurisdictions are reciprocating jurisdictions; and(b) clarifying when certain electrical work may be lawfully energised; and(c) adding two new classifications for electrical work; and(d) adding, removing and increasing fees payable in certain circumstances; and(e) increasing and reducing certain infringement notice penalties.