Electricity Industry Safety and Administration Regulations 1999

Electricity Industry Safety and Administration Regulations 1999

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 Electricity Industry Safety and Administration Act 1997 .

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Electricity Industry Safety and Administration Regulations 1999 .

2.   Commencement

These regulations take effect on 25 February 1999.

3.   Interpretation

In these regulations –

Act means the Electricity Industry Safety and Administration Act 1997 ;

electrician means electrical technician;

electrician's licence means electrical technician's licence;

fee unit means a fee unit calculated in accordance with the Fee Units Act 1997 ;

name does not include –

(a) a forename or the initial letter or an abbreviation of a forename; or

(b) the definite or indefinite article;

old regulations means the Hydro-Electric Commission (Licensing of Electrical Contractors and Mechanics) Regulations 1934 ;

reciprocating jurisdiction means –

(a) a State other than Tasmania; or

(b) a Territory; or

(c) New Zealand;

statutory expiry date for a transitional electrical contractor's licence or a transitional electrician's licence means the date on which the licence is due to expire under the Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997 ;

transitional electrical contractor's licence means the electrical contractor's licence that a person who was licensed as an electrical contractor under the old regulations is taken to hold under section 6(1) of the Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997 ;

transitional electrician's licence means the electrician's licence that a person who was licensed as an electrical mechanic under the old regulations is taken to hold under section 6(2) of the Electricity Industry Safety and Administration (Consequential and Transitional Provisions) Act 1997 .

PART 2 - Electrical Work

4.   Exclusion of certain kinds of work from ambit of definition of electrical work

(1)  Work of the following kinds is excluded from the definition of electrical work:

(a) work carried out by trained technical workers in the telecommunications industry;

(b) work carried out on a communications or computer system or a radio or television transmitter or receiver but not if the work is carried out –

(i) on an electricity supply circuit with a nominal electrical pressure exceeding 50 volts AC or 115 volts DC; or

(ii) in a hazardous area as defined in AS 2430 series;

(c) the insertion of a plug into a socket outlet through which electricity is or is to be supplied in order to connect an electrical article or an extension cord to an electricity supply;

(d) the affixing of a plug to an electrical article to which electricity is to be supplied at a nominal electrical pressure of 250 volts or less, or a plug or socket to an extension cord through which electricity is to be supplied at a nominal electrical pressure of 250 volts or less;

(e) repair work on an electrical article that is or is to be operated at a nominal electrical pressure of 250 volts or less and is to be connected to an electricity supply by a plug and cord;

(f) the installation, repair, alteration or removal of electrical infrastructure by a lineworker or cable jointer who holds a certificate certifying that the lineworker or cable jointer is qualified to carry out the work issued by a training provider registered with the Tasmanian Accreditation and Recognition Committee or an equivalent body in a reciprocating jurisdiction.

(2)  The exemption in subregulation (1)(f) is subject to the following conditions:

(a) if a serious electrical accident occurs while the lineworker or cable jointer is carrying out work under the exemption, the lineworker or cable jointer –

(i) must, as soon as practicable, inform the Regulator of the time and place of the accident and the general nature of the accident; and

(ii) must, within 21 days after the accident or a longer period approved by the Regulator, give the Regulator a written report containing full details of the accident and the reasons for the accident;

(b) if work is carried out on private power lines under this exemption, the lineworker or cable jointer must ensure that, on completion of the work, the electrical installation is inspected, tested and energised by a person who holds an electrical contractor's licence.

(3)  A person must not fail to comply with a condition of an exemption under subregulation (2) .

Penalty:  Fine not exceeding 100 penalty units.

PART 3 - Electrical contractor's licence

5.   Application fee for grant or renewal of electrical contractor's licence

(1)  An applicant for an electrical contractor's licence must lodge with the application –

(a) an application fee of 30 fee units; and

(b) an annual fee of 200 fee units.

(2)  If an application for the renewal of an electrical contractor's licence is lodged after the expiry of the licence, the application fee is increased to 100 fee units.

(3)  An applicant for the renewal of an electrical contractor's licence must lodge with the application an annual fee of 200 fee units.

(4)  If an electrical contractor's licence is granted or renewed for a term of less than one year, the annual fee may be proportionately reduced.

(5)  If an application for the grant or renewal of an electrical contractor's licence is refused, the annual fee is to be refunded to the applicant.

6.   Term of electrical contractor's licence

(1)  Subject to this regulation, an electrical contractor's licence is to be issued or renewed for a term expiring at the end of the relevant month of the 12-month cycle next following the date on which the licence was issued or last renewed.

(2)  For the purposes of this regulation, time is divided into successive cycles of 12 months beginning 2 months after the commencement of these regulations.

(3)  If the name under which an electrical contractor is licensed begins with the letter specified in Column 1 below, the relevant month of the cycle is as specified in Column 2:

Column 1	Column 2
1.	A	1st month
2.	B, C	2nd month
3.	D	3rd month
4.	E, F, G	4th month
5.	H, I, J	5th month
6.	K, L	6th month
7.	M, N	7th month
8.	O, P	8th month
9.	Q, R	9th month
10.	S	10th month
11.	T	11th month
12.	U, V, W, X, Y, Z	12th month

(4)  If an application for the renewal of an electrical contractor's licence is made after, but within 2 months after, the expiry of the term of the licence, the Regulator may renew the licence as from the date of expiry of the previous term of the licence.

(5)  The following special provisions apply to a transitional electrical contractor's licence:

(a) if the statutory expiry date for the licence falls before the date in a 12-month cycle on which the licence (assuming it had been an ordinary licence) would expire under subregulation (3) , the term of the licence is extended from the statutory expiry date until that date;

(b) if the statutory expiry date coincides with the date in a 12-month cycle on which the licence (assuming it had been an ordinary licence) would expire under subregulation (3) , there is no extension to the term of the licence under this subregulation;

(c) if the statutory expiry date for the licence falls after the date in a 12-month cycle on which the licence (assuming it had been an ordinary licence) would expire under subregulation (3) , the term of the licence is extended from the statutory expiry date until the relevant expiry date in the next 12-month cycle.

7.   Consideration of application for electrical contractor's licence

In considering an application for an electrical contractor's licence, the Regulator must have regard to the following factors:

(a) whether the applicant currently holds, or has previously held, an electrical contractor's licence or an equivalent or similar licence or authority in a reciprocating jurisdiction;

(b) whether the applicant is currently subject to, or has previously been subject to, disciplinary action within or outside Tasmania for conduct as an electrical contractor or electrician or in some other similar or related capacity;

(c) whether the applicant is a suitable person to hold an electrical contractor's licence and, if the applicant is a corporation, whether the officers of the corporation are suitable persons to have the management of a corporation holding an electrical contractor's licence;

(d) any other factors the Regulator considers relevant to the purposes of the Act.

8.   Requirement to hold insurance

(1)  The holder of an electrical contractor's licence must hold a current policy of insurance issued by an insurer carrying on business in Australia insuring against liability for personal injury or property damage arising from a negligent act or omission in the course of the business conducted under the licence for the period for which the licence is issued or renewed.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; and

(b) an individual, a fine not exceeding 100 penalty units.

(2)  The insurance cover is to be for at least $5 million.

(3)  An electrical contractor's licence is not to be issued or renewed unless the Regulator is satisfied that the applicant has taken out, or renewed, the necessary policy of insurance for the term for which the licence is to be granted or renewed.

PART 4 - Nominated manager

9.   Qualifications to be nominated manager

(1)  In forming an opinion about whether a person has the competence required of a nominated manager for an electrical contractor's business under section 18(1)(a) of the Act, and whether a person nominated under section 18(2) is eligible to be the nominated manager for an electrical contractor's business, the Regulator must have regard to whether the person is qualified to be a nominated manager under this regulation.

(2)  A person is qualified to be a nominated manager under this regulation in either of the following cases:

(a) if the person –

(i) holds an electrician's licence and has held the licence for at least one year; and

(ii) has successfully completed a course relevant to the management of an electrical contractor's business approved for the purposes of this regulation by the Electrical Licensing Board;

(b) if the person –

(i) holds an electrician's licence; and

(ii) has been a nominated manager within the last 3 years.

(3)  The Regulator may nevertheless, for any proper reason, require or approve other qualifications and experience for a nominated manager.

PART 5 - Electrician's licence

10.   Application fee for grant or renewal of electrician's licence

(1)  An applicant for an electrician's licence, or the renewal of an electrician's licence, must lodge with the application –

(a) an application fee of 30 fee units; and

(b) the first triennial fee of 90 fee units.

(2)  If an application for the renewal of an electrician's licence is lodged after the expiry of the licence, the application fee is increased to 50 fee units.

(3)  An applicant for the renewal of an electrician's licence must lodge with the application the triennial fee of 90 fee units.

(4)  If an electrician's licence is granted or renewed for a term of less than 3 years, the triennial fee is proportionately reduced.

(5)  If an application for the grant or renewal of an electrician's licence is refused, the triennial fee is to be refunded to the applicant.

11.   Term of electrician's licence

(1)  Subject to this regulation, an electrician's licence is to be issued or renewed for a term expiring at the end of the relevant month of the 36-month cycle next following the date on which the licence was issued or last renewed.

(2)  For the purposes of this regulation, time is divided into successive cycles of 36 months beginning 2 months after the commencement of these regulations.

(3)  If the name under which an electrician is licensed begins with the letter (or letters) indicated in Column 1 below, the relevant month of the cycle is as specified in Column 2:

Column 1	Column 2
1.	A	1st month
2.	B to Bd	2nd month
3.	Be to Bn	3rd month
4.	Bo to Bz	4th month
5.	C to Cf	5th month
6.	Cg to Cz	6th month
7.	D	7th month
8.	E	8th month
9.	F	9th month
10.	G to Gf	10th month
11.	Gg to Gz	11th month
12.	H to Hd	12th month
13.	He to Hn	13th month
14.	Ho to Hz	14th month
15.	I	15th month
16.	J	16th month
17.	K	17th month
18.	L	18th month
19.	M to Md	19th month
20.	Me to Mn	20th month
21.	Mo to Mz	21st month
22.	N	22nd month
23.	O	23rd month
24.	P to Pf	24th month
25.	Pg to Pz	25th month
26.	Q	26th month
27.	R to Rf	27th month
28.	Rg to Rz	28th month
29.	S to Sd	29th month
30.	Se to Sn	30th month
31.	So to Sz	31st month
32.	T	32nd month
33.	U, V	33rd month
34.	W to Wd	34th month
35.	We to Wz	35th month
36.	X, Y, Z	36th month

(4)  If an application for the renewal of an electrician's licence is made after, but within 2 months after, the expiry of the term of the licence, the Regulator may renew the licence as from the date of expiry of the previous term of the licence.

(5)  The following special provisions apply to a transitional electrician's licence:

(a) if the statutory expiry date for the licence falls before the date in a 36-month cycle on which the licence (assuming it had been an ordinary licence) would expire under subregulation (3) , the term of the licence is extended from the statutory expiry date until that date;

(b) if the statutory expiry date coincides with the date in a 36-month cycle on which the licence (assuming it had been an ordinary licence) would expire under subregulation (3) , there is no extension to the term of the licence under this subregulation;

(c) if the statutory expiry date for the licence falls after the date in a 36-month cycle on which the licence (assuming it had been an ordinary licence) would expire under subregulation (3) , the term of the licence is extended from the statutory expiry date until the relevant expiry date in the next 36-month cycle.

12.   Consideration of application for electrician's licence

(1)  A person is qualified to hold an electrician's licence if –

(a) the person has successfully completed the academic course or courses, and the practical training, approved by the Electrical Licensing Board as appropriate to a person seeking to be licensed as an electrician; or

(b) the person is licensed or qualified to be licensed as an electrician in a reciprocating jurisdiction; or

(c) the person –

(i) has been assessed by Trades Recognition Australia and received on the assessment an Australian Recognised Trade Certificate; and

(ii) has held a provisional electrician's licence for at least 9 months; and

(iii) has been employed on electrical work by an electrical contractor in Tasmania or elsewhere for at least 9 months; and

(iv) has successfully completed the coursework and examinations determined as appropriate to this paragraph by the Electrical Licensing Board; or

(d) the person has other qualifications and experience that, in the Electrical Licensing Board's assessment, are a sufficient basis for the issue of an electrician's licence.

(2)  The Regulator may nevertheless for any proper reason –

(a) issue an electrician's licence to a person who is not qualified to hold it in terms of subregulation (1) ; or

(b) refuse an application for an electrician's licence by a person who is qualified to hold it in terms of subregulation (1) .

PART 6 - Provisional licences

13.   Application fee

(1)  An applicant for a provisional licence must lodge with the application –

(a) an application fee of 30 fee units; and

(b) a licence fee of 30 fee units.

(2)  If the application is refused, the licence fee is to be refunded to the applicant.

14.   Purposes for which provisional licence may be issued

Without limiting the purposes for which a provisional licence may be granted, such a licence may be granted for any of the following purposes:

(a) to enable an electrician to carry out domestic electrical work for the electrician's own private purposes;

(b) to enable a university graduate in electrical power engineering to carry out electrical work in the graduate's own home;

(c) to enable a person who has made substantial progress towards qualifying as an electrician and is seeking employment as such to work under supervision as an electrician;

(d) to enable an electrician to carry out electrical work for others gratuitously or for members of the electrician's family.

PART 7 - Provisions of general application

15.   Use of description "electrician" or "electrical technician"

(1)  A person who holds an electrician's licence is entitled to hold himself or herself out to the public as an electrician or an electrical technician.

(2)  A person must not hold himself or herself out to the public as an electrician or an electrical technician unless the person holds an electrician's licence.

Penalty:  Fine not exceeding 100 penalty units.

16.   Standard of electrical work

(1)  Australian Standard 3000 (AS 3000) as in force from time to time is incorporated in these regulations.

(2)  The holder of an electrical contractor's licence or an electrician's licence must ensure that electrical work carried out under the licence is carried out in accordance with Australian Standard 3000 (AS 3000) as in force from time to time.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 200 penalty units; and

(b) an individual, a fine not exceeding 100 penalty units.

17.   Application for renewal

(1)  An application for renewal of a licence must be lodged with the Regulator at least one month before the expiry of the term of the licence.

(2)  Subject to payment of the appropriate fee for late lodgment, this regulation does not prevent the Regulator from considering and determining an application that is lodged out of time.

(3)  A transitional electrical contractor's licence or transitional electrician's licence may be renewed in the same way as a licence originally granted under the Act.

18.   Fees for inspection of register and extracts

(1)  The fee for inspection of the register under section 12 of the Act is 10 fee units.

(2)  The fee for the provision of an extract from the register under section 12 of the Act is 5 fee units.

(3)  The Regulator may waive or reduce the fee for an inspection of the register or the provision of an extract.

19.   Issue of duplicate licence

(1)  The Regulator may issue a duplicate licence if satisfied that the original has been lost, stolen or destroyed.

(2)  The fee for the issue of a duplicate licence is 15 fee units.

20.   Fee for an appeal

The fee payable to commence an appeal against a decision of the Regulator under section 78(2)(b) of the Act is 250 fee units.

21.   Expiry

These regulations expire on 30 June 2000.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 February 1999

These regulations are administered in the Department of Infrastructure, Energy and Resources.