Occupational Licensing (Electrical Work) Regulations 2008

Occupational Licensing (Electrical Work) Regulations 2008

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 .

22 December 2008

PETER G. UNDERWOOD

Governor

By His Excellency's Command,

LISA M. SINGH

Minister for Workplace Relations

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Occupational Licensing (Electrical Work) Regulations 2008 .

2.   Commencement

These regulations take effect on the day on which section 7(1) of the Occupational Licensing Act 2005 commences.

3.   Interpretation

(1)  In these regulations, unless the context otherwise requires –

Act means the Occupational Licensing Act 2005 ;

AS 3000 means AS/NZS 3000 Electrical Installations (known as Australia/New Zealand Wiring Rules) issued by Standards Australia and distributed by SAI Global Limited (ACN 050 611 642), as amended from time to time;

cable jointing work has the same meaning as in the Determination;

commencement day means the day on which these regulations take effect;

defective electrical work means electrical work that is also defective work;

Determination means the Occupational Licensing (Electrical Work) Determination 2008 made under sections 30 and 31 of the Act and published in the Gazette on 31 December 2008, as amended or substituted from time to time;

electrical article means –

(a) an electrical appliance; or

(b) an article of electrical equipment;

electrical contractor means the holder of a contractor's licence authorising him or her to carry out a contractor's business in respect of electrical work;

electrical contractor's licence means a contractor's licence that –

(a) is referred to in section 21 of the Act; and

(b) authorises a person to carry out a contractor's business in respect of electrical work;

electrical infrastructure means equipment, lines and wires for the generation, transmission or distribution of electricity supplied by an electricity entity and includes supporting and protective structures relating to any such equipment, lines or wires;

electrical installation means an electrical circuit or a set of wires and associated fittings, equipment and accessories that is, or is to be, connected to a system for the generation, transmission or distribution of electricity;

electrical practitioner means a person who holds an electrical practitioner's licence;

electrical practitioner's licence means a practitioner's licence that –

(a) is referred to in section 22 of the Act; and

(b) authorises a person to carry out electrical work;

electrical work has the meaning given by regulation 4 ;

electricity entity means an approved person who –

(a) is licensed to carry on operations in the electricity supply industry under the Electricity Supply Industry Act 1995 ; or

(b) has been so licensed but whose licence has been cancelled or has expired;

energise means convert, in accordance with AS 3000, electrical work to live;

extra low voltage has the meaning given by AS 3000;

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;

hazardous area has the meaning given by AS 3000;

high voltage has the meaning given by AS 3000;

linework has the same meaning as in the Determination;

low voltage has the meaning given by AS 3000;

person responsible for defective electrical work means –

(a) an electrical contractor for whom the relevant electrical work has been performed by an employee who is an electrical practitioner or a person undergoing an approved course of training; or

(b) in the absence of an electrical contractor, an electrical practitioner who performs the relevant electrical work; or

(c) in the absence of an electrical contractor or electrical practitioner –

(i) a person who performs the relevant electrical work if he or she is undergoing an approved course of training; or

(ii) a person who has completed an approved course of training and who, in accordance with sections 36(4) and (5) of the Act, is carrying out the relevant electrical work;

prescribed fee means a fee specified in Schedule 1 ;

provisional licence means an electrical practitioner's licence that is described as provisional in the Determination, other than a provisional restricted licence;

provisional restricted licence means an electrical practitioner's licence that is described as both provisional and restricted in the Determination;

reciprocating jurisdiction means –

(a) a State other than Tasmania; or

(b) a Territory; or

(c) [Regulation 3 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] a jurisdiction determined by the Administrator to be a reciprocating jurisdiction;

rectification order means a rectification order made under section 57 of the Act;

[Regulation 3 Subregulation (1) amended by No. 50 of 2011, Sched. 1, Applied:15 Feb 2012] registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth;

restricted licence means an electrical practitioner's licence that is described as restricted in the Determination, other than a provisional restricted licence;

Training Package has the same meaning as in the Determination;

transitional licence means a practitioner's licence for cable jointing work or a practitioner's licence for linework issued and having effect under Part 7 .

(2)  The fees specified in Schedule 1 are –

(a) payable in respect of the several matters to which they relate; and

(b) payable to the Administrator or other person specified in regulation 18 , regulation 22(6) or regulation 23(4)  –

and are inclusive of GST.

(3)  [Regulation 3 Subregulation (3) omitted by S.R. 2010, No. 128, Applied:15 Dec 2010] .  .  .  .  .  .  .  .  

4.   Meaning of "electrical work"

(1)  Electrical work is any one or more of the following:

(a) work on the installation, repair, alteration or removal of an electrical circuit or associated fittings, equipment or accessories;

(b) work on an electrical installation;

(c) work on the installation, repair, alteration or removal of electrical infrastructure including lines and wires for the generation, transmission or distribution of electricity and also including supporting and protective structures relating to any such equipment, lines or wires;

(d) [Regulation 4 Subregulation (1) amended by S.R. 2018, No. 21, Applied:30 May 2018] work that has been determined by the Regulator, as defined in the Electricity Supply Industry Act 1995 , to be regarded as specialist work;

(e) [Regulation 4 Subregulation (1) amended by S.R. 2018, No. 21, Applied:30 May 2018] work on a battery, or other electricity storage system, that is –

(i) installed, stationary or fixed in position; and

(ii) for the purpose of supplying electricity to an electrical installation –

or that is work on fittings, equipment, or accessories, associated with such a battery or other electricity storage system.

(2)  Despite subregulation (1) , electrical work does not include –

(a) electrical work performed under an electrical safety management scheme approved under Part 8 of the Electricity Industry Safety and Administration Act 1997 ; or

(b) any low voltage electrical work on telecommunications equipment that is carried out by technical workers trained in the telecommunications industry; or

(c) [Regulation 4 Subregulation (2) amended by S.R. 2018, No. 21, Applied:30 May 2018] extra low voltage electrical work if the work is performed on –

(i) an electrical installation that is –

(A) compliant with the standard relevant to that electrical installation; and

(B) located in an area that is not a hazardous area –

and the work is not work specified in subregulation (1)(e) ; or

(ii) a portable electronic device or remote control; or

(iii) the electrical supply system for a vehicle or vessel; or

(iv) a train.

(d) 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; or

(e) repair work on an electrical article that is, or is to be, operated at a nominal electrical voltage of 250 volts or less with reference to earth and that electrical article, when manufactured, was to be connected to an electricity supply with a plug and cord; or

(f) [Regulation 4 Subregulation (2) amended by S.R. 2018, No. 21, Applied:30 May 2018] the affixing of a plug or socket to an extension cord through which electricity is, or is to be, supplied at a nominal electrical voltage of 250 volts or less with reference to earth; or

(g) [Regulation 4 Subregulation (2) amended by S.R. 2018, No. 21, Applied:30 May 2018] electrical work performed on an aircraft.

(3)  [Regulation 4 Subregulation (3) inserted by S.R. 2018, No. 21, Applied:30 May 2018] In this regulation –

electrical supply system means a system for the supply of electricity for the starting or propulsion of, or operation of the electrical accessories of, a vehicle or vessel, but does not include a system, for the supply of electricity, that is installed in the vehicle or vessel solely for activities unrelated to the use of the vehicle or vessel as a means of transport.

5.   Determination of prescribed work

For the purposes of the definition of "prescribed work" in section 3(1) of the Act, all electrical work is determined to be prescribed work.

6.   Application of regulations to electrical practitioners working gratuitously

(1)  In these regulations, references to an electrical contractor who is responsible for any electrical work, or any defective electrical work, are to be read as including a reference to an electrical practitioner in a case where electrical work is performed gratuitously without an electrical contractor.

(2)  For the avoidance of doubt, it is declared that the application of these regulations extends to electrical practitioners performing electrical work gratuitously.

PART 2 - Licences for Electrical Work

Division 1 - Electrical contractor's licence

7.   Annual fee for electrical contractor's licence

(1)  An electrical contractor must pay the annual fee prescribed in Schedule 1 .

(2)  The annual fee for an electrical contractor's licence is payable on lodgment of the application for that licence or the renewal of that licence.

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

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

8.   Application for issue or renewal of electrical contractor’s licence

(1)  An application for an electrical contractor's licence is made in accordance with section 33 of the Act.

(2)  [Regulation 8 Subregulation (2) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] An application for the renewal of an electrical contractor's licence is to be made to the Administrator in an approved form.

(3)  [Regulation 8 Subregulation (3) omitted by S.R. 2010, No. 128, Applied:15 Dec 2010] .  .  .  .  .  .  .  .  

(4)  An application for renewal of an electrical contractor's licence is to be lodged with the Administrator at least one month before the expiry of the licence.

(5)  Subregulation (4) does not prevent the Administrator from considering and determining an application that is lodged out of time in accordance with subregulation (6) .

(6)  If an application for the renewal of an electrical contractor's licence is lodged within 2 months after the expiry of the term of the licence, the Administrator may, if he or she considers that there are special reasons for doing so and on payment of the prescribed fee, renew the licence as from the date of that expiry.

9.   Eligibility for electrical contractor's licence

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

(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 a fit and proper person to hold an electrical contractor's licence;

(c) [Regulation 9 Amended by No. 2 of 2012, s. 44, Applied:01 Jan 2013] [Regulation 9 Amended by No. 12 of 2016, Sched. 1, Applied:01 Jan 2017] whether the applicant has committed an offence under the Occupational Licensing Act 2005 , the Electricity Industry Safety and Administration Act 1997 , the Workplace Health and Safety Act 1995 , the Work Health and Safety Act 2012 , the Building Act 2016 or any other Act relating to electrical work, or is currently subject to, or has previously been subject to –

(i) disciplinary action under any of those Acts; or

(ii) any other disciplinary action within or outside Tasmania for conduct as an electrical contractor or in some other similar or related capacity;

(d) if the applicant is a corporation –

(i) whether the officers of the corporation are fit and proper persons to have the management of a corporation holding an electrical contractor's licence; and

(ii) whether any officer of the corporation has committed an offence as mentioned in paragraph (c) or is, or has been, subject to any disciplinary action as mentioned in that paragraph;

(e) any other matters that the Administrator considers relevant for the purposes of the Act.

10.   Insurance for electrical contractors

(1)  An electrical contractor's licence is not to be issued or renewed unless the Administrator is satisfied that –

(a) the applicant holds a current policy of insurance as required by section 27 of the Act; and

(b) the term of the policy extends into, for or beyond the term for which the licence is sought to be issued or renewed.

(2)  The Administrator may –

(a) require the holder of an electrical contractor's licence, by notice in writing provided to the holder, to produce to the Administrator evidence that the holder is, or was at a particular time, complying with subregulation (1) ; or

(b) require the former holder of an electrical contractor's licence, by notice in writing provided to the former holder, to produce to the Administrator evidence that he or she complied with subregulation (1) when that licence was in force.

(3)  The holder or former holder of an electrical contractor's licence must comply with a requirement under subregulation (2) within such time, not less than 7 days, as the Administrator specifies in the notice containing the requirement.

Penalty:  [Regulation 10 Subregulation (3) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(a) a body corporate, a fine not exceeding 25 penalty units; or

(b) a natural person, a fine not exceeding 10 penalty units.

Division 2 - Electrical practitioner's licence

11.   Triennial or annual fee for electrical practitioner's licence

(1)  A triennial fee prescribed in Schedule 1 is payable in respect of an electrical practitioner's licence, other than a provisional licence or a provisional restricted licence.

(2)  An annual fee prescribed in Schedule 1 is payable in respect of a provisional licence or a provisional restricted licence.

(3)  The triennial fee or annual fee is payable on the lodgment of the application for the electrical practitioner's licence or the application for the renewal of such a licence.

(4)  If an electrical practitioner's licence is issued or renewed for a term of less than 3 years, the triennial fee is to be proportionately reduced.

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

(6)  This regulation does not apply to a person who is entitled to a transitional licence.

12.   Application for issue or renewal of electrical practitioner’s licence

(1)  An application for an electrical practitioner's licence is made in accordance with section 36 of the Act.

(2)  [Regulation 12 Subregulation (2) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] An application for the renewal of an electrical practitioner's licence is to be made to the Administrator in an approved form.

(3)  [Regulation 12 Subregulation (3) omitted by S.R. 2010, No. 128, Applied:15 Dec 2010] .  .  .  .  .  .  .  .  

(4)  An application for renewal of an electrical practitioner's licence is to be lodged with the Administrator at least one month before the expiry of the licence.

(5)  Subregulation (4) does not prevent the Administrator from considering and determining an application that is lodged out of time in accordance with subregulation (6) .

(6)  If an application for the renewal of an electrical practitioner's licence is lodged within 2 months after the expiry of the term of the licence, the Administrator may, if he or she considers that there are special reasons for doing so and on payment of the prescribed fee, renew the licence as from the date of that expiry.

(7)  An applicant for the issue or renewal of an electrical practitioner's licence must satisfy the Administrator that he or she has acquired and maintained the skills required for the work to be authorised by the licence.

(8)  This regulation does not apply to a person who is entitled to a transitional licence.

13.   Eligibility for electrical practitioner's licence

(1)  A person is eligible to hold an electrical practitioner's licence if –

(a) he or she has successfully completed an approved course of training, including practical training; or

(b) he or she holds in a reciprocating jurisdiction a licence that is equivalent to an electrical practitioner's licence; or

(c) having been issued an electrical practitioner's licence under subregulation (2) which is subject to conditions, he or she has satisfied those conditions; or

(d) he or she has other qualifications and experience that, in the opinion of the Administrator, are sufficient for the issue of an electrical practitioner's licence; or

(e) on an assessment by an approved body, he or she has been issued with a document satisfactory to the Administrator attesting to the person's competency in an approved occupation, trade or calling and, in the opinion of the Administrator, he or she has made substantial progress towards meeting the requirements of paragraph (a) and is likely to satisfy those requirements within a period of 12 months.

(2)  The Administrator may, if expedient to do so having regard to the objects of the Act –

(a) issue an electrical practitioner's licence to a person who is not qualified to hold it under subregulation (1) , unconditionally or subject to conditions that the Administrator considers appropriate, if the Administrator is satisfied that the applicant has other suitable qualifications or experience; or

(b) refuse an application for an electrical practitioner's licence by a person who is qualified to hold it under subregulation (1) if the Administrator has other proper reasons for so refusing it.

Division 3 - Additional occupations

13A.   Additional occupations

[Regulation 13A of Part 2 Inserted by S.R. 2010, No. 128, Applied:15 Dec 2010] In 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.

PART 3 - Nominated Manager

14.   Qualifications to be electrical contractor's nominated manager

(1)  In forming an opinion under section 26(1)(b) of the Act about whether a person has the competence required for a nominated manager in respect of an electrical contractor, the Administrator must consider whether the person is qualified to be a nominated manager under this regulation.

(2)  A person is qualified to be a nominated manager in respect of an electrical contractor if he or she –

(a) holds an electrical practitioner's licence for any relevant class of electrical work and has held that licence for a period of at least one year; and

(b) has successfully completed an approved course relevant to the management of the electrical contractor's business relating to the class of electrical work; and

(c) satisfies the Administrator that he or she has acquired, maintained and exercised the skills required of a nominated manager for the management of the electrical contractor’s business relating to the class of electrical work authorised by that licence.

(3)  A person is also qualified to be a nominated manager in respect of an electrical contractor if he or she –

(a) holds an electrical practitioner's licence for any relevant class of electrical work and has held that licence for a period of at least one year; and

(b) has been a nominated manager within the last 3 years or satisfies the Administrator that he or she has acted as such within the last 3 years; and

(c) satisfies the Administrator that he or she has acquired, maintained and exercised the skills required of a nominated manager for the management of the electrical contractor’s business relating to the class of electrical work authorised by that licence.

(4)  The Administrator may, nevertheless, determine for any proper reason that other qualifications and experience qualify a person to be a nominated manager.

PART 4 - Powers of Authorised Officers

15.   Powers of authorised officers

(1)  An authorised officer may undertake any or all of the following actions for the purposes of section 57(1) of the Act:

(a) isolate or disconnect, or cause to be isolated or disconnected, a source of electricity;

(b) make safe, or cause to be made safe, any defective electrical work;

(c) make any arrangements for work to be carried out as may be necessary for the purposes of paragraph (a) or (b) .

(2)  Nothing in this regulation renders an authorised officer liable for the cost of any action taken in the exercise of his or her powers under this regulation or section 57 of the Act.

PART 5 - Regulation of Electrical Work

Division 1 - Notification of electrical work

16.   Classification of electrical work

(1)  For the purposes of this Division, the Administrator may determine that electrical work may be classified as one or more of the following:

(a) electrical work that is required to be notified before it is commenced;

(b) electrical work that is not required to be notified before it is commenced;

(ba) [Regulation 16 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] electrical work that is required to be notified when it is capable of being energised;

(bb) [Regulation 16 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] electrical work that is not required to be notified when it is capable of being energised;

(c) electrical work that is required to be notified after it has been energised;

(d) electrical work that is not required to be notified after it has been energised.

(2)  The Administrator must publicly notify a determination under subregulation (1) by a means that will ensure that it will come to the attention of persons who are authorised to carry out, or are responsible for, electrical work.

17.   Duties regarding recording of electrical work

(1)  A person responsible for electrical work must keep a record of that electrical work in an approved form for a period of at least 10 years.

Penalty:  [Regulation 17 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) a natural person, a fine not exceeding 25 penalty units.

(2)  Where any electrical work is energised, or is capable of being energised, the person responsible for the electrical work must, as soon as practicable, give a copy of the approved form to the person for whom the work was carried out.

Penalty:  [Regulation 17 Subregulation (2) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(c) a body corporate, a fine not exceeding 50 penalty units; or

(d) a natural person, a fine not exceeding 25 penalty units.

18.   Duty to notify electrical work

(1)  A person responsible for electrical work that is required to be notified must give notification of that work in accordance with this regulation, accompanied by the prescribed fee payable to the person specified in the form for that purpose.

Penalty:  [Regulation 18 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(e) a body corporate, a fine not exceeding 50 penalty units; or

(f) a natural person, a fine not exceeding 25 penalty units.

(2)  The notification must be given in an approved form, containing such particulars of the electrical work as may be specified in the form, and in the manner so specified, to the person or persons so specified and –

(a) if the electrical work is required to be notified before it is commenced, the notification must be given at least 3 days before the date when it is to be commenced; or

(b) if the electrical work is required to be notified after it has been energised, the notification must be given within 3 days after it has been energised.

(3)  This regulation does not apply to an electricity entity performing electrical work on its own electrical infrastructure but does apply if the electrical work is on its own electrical installation.

Division 2 - Inspection of electrical work

19.   Inspection of electrical work

(1)  An authorised officer –

(a) may inspect, or cause to be inspected, any electrical work; and

(b) must, as far as practicable, inspect, or cause to be inspected, any electrical work of high voltage or in a hazardous area.

(2)  Subregulation (1)(b) does not apply –

(a) in a case where an electricity entity is performing electrical work of high voltage on its own electrical infrastructure; or

(b) where the electrical work performed involves, in the course of carrying out repairs, the replacement of a component part with another component part performing substantially the same function.

(3)  For the purposes of subregulation (1) , an authorised officer may require an electrical contractor to open, or cause to be opened, a trench.

Division 3 - Energising of electrical work

20.   Restrictions on energising of electrical work

(1)  [Regulation 20 Subregulation (1) substituted by S.R. 2010, No. 128, Applied:15 Dec 2010] 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.

Penalty:  In the case of –

(g) a body corporate, a fine not exceeding 50 penalty units; or

(h) a natural person, a fine not exceeding 25 penalty units.

(2)  Subregulation (1) does not apply –

(a) in a case where an electricity entity is performing work on its own electrical infrastructure; or

(b) where the electrical work performed involves, in the course of carrying out repairs, the replacement of a component part with another component part performing substantially the same function.

(3)  A person who energises any electrical work, otherwise than for the purposes of testing, must –

(a) record the electrical work as provided by these regulations; and

(b) notify the electrical work as provided by these regulations.

Penalty:  [Regulation 20 Subregulation (3) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(i) a body corporate, a fine not exceeding 75 penalty units; or

(j) a natural person, a fine not exceeding 40 penalty units.

Division 4 - Defective electrical work

21.   Classification of defective electrical work

(1)  For the purposes of this Division, the Administrator may determine that defective electrical work may be classified as being –

(a) severely defective electrical work required to be notified to the Administrator by an authorised officer; or

(b) other defective electrical work.

(2)  The Administrator must publicly notify a determination under subregulation (1) by a means that will ensure that it will come to the attention of persons who are authorised to carry out, or are responsible for, electrical work.

22.   Rectification of defective electrical work

(1)  For the purposes of this regulation, any electrical work may be treated as defective electrical work, irrespective of its classification under regulation 21(1) .

(2)  Where an authorised officer is aware of any defective electrical work, the authorised officer is to give notice in writing in an approved form to –

(a) the person responsible for the defective electrical work; or

(b) if the authorised officer is unable to ascertain the person responsible for the defective electrical work, the owner or occupier of the premises where the work is located –

requiring rectification of the defective electrical work within such time as is specified in the notice.

(3)  A copy of the notice may be given to the person who is known by any electricity entity as being responsible for payment for supply of electricity or the owner or occupier of the premises where the defective electrical work is located.

(4)  An authorised officer may, by a further notice in writing given to the person responsible for defective electrical work or the person mentioned in subregulation (3) , extend the period of time referred to in subregulation (2) for a further period not exceeding 21 days.

(5)  A person to whom a notice has been issued under subregulation (2) or (3) must –

(a) rectify, or cause to be rectified, the defective electrical work as required by the notice; and

(b) notify the person specified in the notice for the purpose, in writing and within the period specified in the notice or any subsequent period allowed under subregulation (4) , of the rectification of the defective electrical work.

Penalty:  [Regulation 22 Subregulation (5) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(k) a body corporate, a fine not exceeding 50 penalty units; or

(l) a natural person, a fine not exceeding 25 penalty units.

(6)  On giving a notification under subregulation (5)(b) , the person to whom a notice has been issued under subregulation (2) or (3) must pay the prescribed fee to the person specified in the notice.

(7)  If the notification is not given in accordance with subregulation (5)(b) , the fee payable under subregulation (6) is increased as specified in Schedule 1 .

(8)  Where an authorised officer is aware of any severely defective electrical work, the authorised officer is to disconnect it, or cause it to be disconnected, from the power supply.

23.   Reinspection of defective electrical work

(1)  For the purposes of this regulation, electrical work may be treated as defective electrical work despite any other classification made under regulation 21(1) .

(2)  In the case of any defective electrical work that is not severely defective electrical work, the requirement for reinspection of the electrical work may be waived by an authorised officer.

(3)  If, on reinspection of any electrical work, an authorised officer finds that –

(a) the defective electrical work has not been rectified; or

(b) the electrical work is, in other respects, defective –

the authorised officer may issue a second notice to the person to whom a notice was issued under regulation 22(2) or (3) requiring him or her to rectify the defective electrical work within a period specified in the second notice.

(4)  A person to whom a second rectification notice is issued must, within the period specified in the notice –

(a) rectify, or cause to be rectified, the defective electrical work as required by the notice; and

(b) notify the person specified in the notice for the purpose, in the manner and within the period specified in the notice, that the defective electrical work has been rectified; and

(c) pay the prescribed fee to the person specified in the notice.

Penalty:  [Regulation 23 Subregulation (4) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(m) a body corporate, a fine not exceeding 75 penalty units; or

(n) a natural person, a fine not exceeding 40 penalty units.

(5)  If, on a third or subsequent inspection, an authorised officer finds that the defective electrical work has not been rectified or the electrical work is in other respects defective, the authorised officer may –

(a) issue a further notice requiring rectification to the person to whom a notice was issued under regulation 22(2) or (3) requiring him or her to rectify that defective electrical work; and

(b) forward a copy of the notice to the Administrator.

(6)  A person to whom a third or subsequent rectification notice is issued must, within the period specified in the notice –

(a) rectify, or cause to be rectified, the defective electrical work as required by the notice; and

(b) notify the person specified in the notice for the purpose, in the manner and within the period specified in the notice, that the defective electrical work has been rectified; and

(c) pay the prescribed fee to the person specified in the notice.

Penalty:  [Regulation 23 Subregulation (6) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(o) a body corporate, a fine not exceeding 125 penalty units; or

(p) a natural person, a fine not exceeding 65 penalty units.

24.   Cost of inspection, &c., not to be passed on

(1)  Except as provided in subregulation (2) , a person responsible for defective electrical work must not seek to recover from the owner or occupier of the premises where the electrical work was performed a fee in respect of work required by a notice of defective electrical work.

Penalty:  [Regulation 24 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(q) a body corporate, a fine not exceeding 50 penalty units; or

(r) a natural person, a fine not exceeding 25 penalty units.

(2)  A person responsible for defective electrical work may recover the cost of rectification of the defective electrical work if –

(a) the defect in that work was caused by the conduct of a person other than the person responsible for the defective electrical work or his or her servant or agent; or

(b) the Administrator has issued permission to do so.

PART 6 - Supplemental and Miscellaneous

25.   Administrator to be notified of changed particulars

(1)  The holder of an electrical practitioner's licence must notify the Administrator in writing within 21 days after any change or addition to any of the information contained in his or her most recent application for the licence and, in particular, to the following information:

(a) his or her name;

(b) his or her residential address;

(c) a telephone or fax number used in connection with the licence;

(d) an email address used in connection with the licence.

Penalty:  [Regulation 25 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(s) a body corporate, a fine not exceeding 25 penalty units; or

(t) a natural person, a fine not exceeding 10 penalty units.

(2)  The holder of an electrical contractor's licence must notify the Administrator in writing within 21 days after any change or addition to any of the information contained in his or her most recent application for the licence and, in particular, to the following information:

(a) his or her name;

(b) the name of any corporation used for the licence;

(c) a registered business name used for the licence;

(d) the address of the holder's registered office;

(e) the address of the holder's principal place of business;

(f) a telephone or fax number used in connection with the licence;

(g) an email address used in connection with the licence.

Penalty:  [Regulation 25 Subregulation (2) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] In the case of –

(u) a body corporate, a fine not exceeding 50 penalty units; or

(v) a natural person, a fine not exceeding 25 penalty units.

26.   Delegation to police and emergency services personnel

(1)  For the purposes of section 15(2)(d) of the Act, the Administrator may delegate, either with or without conditions, any of his or her functions under the Act to a police officer for the purpose of exercising powers or performing functions or duties under the Emergency Management Act 2006 .

(2)  A delegation under subregulation (1) has effect only while a declaration of a state of emergency is in force under the Emergency Management Act 2006 .

27.   Application for warrant by email

For the purposes of section 18(5) of the Act, an application for a warrant may be made by email.

28.   Infringement notices

(1)  For the purposes of section 62(1) of the Act –

(a) [Regulation 28 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] an offence against a provision of the Act specified in Column 1 of the table in Part 1 of Schedule 2 is prescribed as an offence for which an infringement notice may be issued and served; and

(b) [Regulation 28 Subregulation (1) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] an offence against a provision of these regulations specified in Column 1 of the table in Part 2 of Schedule 2 is prescribed as an offence for which an infringement notice may be issued and served.

(2)  [Regulation 28 Subregulation (2) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] A penalty specified in Column 2 of a table in Part 1 or 2 of Schedule 2 is prescribed as the penalty for the relevant offence specified in Column 1 of the relevant table that is to be specified in an infringement notice relating to that offence.

(3)  [Regulation 28 Subregulation (3) amended by S.R. 2010, No. 128, Applied:15 Dec 2010] [Regulation 28 Subregulation (3) omitted by S.R. 2018, No. 21, Applied:30 May 2018] .  .  .  .  .  .  .  .  

(4)  If an infringement notice is served under section 62 of the Act and is not withdrawn, the authorised officer is to forward a copy of it to the Administrator.

29.   Saving for disciplinary proceedings and rectification orders

(1)  Where, on the commencement day, any disciplinary action or proceedings have been taken, or could have been taken, under the Electricity Industry Safety and Administration Act 1997 and have not been finally disposed of, that action or those proceedings may be taken, continued and completed notwithstanding the repeals effected by the Occupational Licensing Act 2005 .

(2)  Where, on the commencement day, any rectification order is in force under section 40 of the Electricity Industry Safety and Administration Act 1997 , that order continues to have effect according to its tenor.

(3)  This regulation does not limit the effect of section 16 of the Acts Interpretation Act 1931 .

PART 7 - .  .  .  .  .  .  .  .  

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SCHEDULE 1 - Fees

[Schedule 1 Substituted by S.R. 2010, No. 128, Applied:15 Dec 2010]

Regulations 3 , 7 , 11 and 13

PART 1 - Licences

[Part 1 of Schedule 1 Substituted by S.R. 2010, No. 128, Applied:15 Dec 2010]

PART 2 - Regulation of Electrical Work

[Part 2 of Schedule 1 Substituted by S.R. 2010, No. 128, Applied:15 Dec 2010]

PART 3 - Miscellaneous Fees

[Part 3 of Schedule 1 Substituted by S.R. 2010, No. 128, Applied:15 Dec 2010]

PART 4

[Part 4 of Schedule 1 Rescinded by S.R. 2010, No. 128, Applied:15 Dec 2010] .  .  .  .  .  .  .  .  

SCHEDULE 2 - Offences and Penalties for Infringement Notices

[Schedule 2 Substituted by S.R. 2010, No. 128, Applied:15 Dec 2010]

Regulation 28(1) , (2) and (3)

PART 1 - Offences under Occupational Licensing Act 2005

[Part 1 of Schedule 2 Inserted by S.R. 2010, No. 128, Applied:15 Dec 2010] [Part 1 of Schedule 2 Amended by S.R. 2018, No. 21, Applied:30 May 2018]

PART 2 - Offences under these regulations

[Part 2 of Schedule 2 Inserted by S.R. 2010, No. 128, Applied:15 Dec 2010] [Part 2 of Schedule 2 Amended by S.R. 2018, No. 21, Applied:30 May 2018]

SCHEDULE 3 - .  .  .  .  .  .  .  .  

[Schedule 3 Rescinded by S.R. 2010, No. 128, Applied:15 Dec 2010]

PART 1

[Part 1 of Schedule 3 Rescinded by S.R. 2010, No. 128, Applied:15 Dec 2010] .  .  .  .  .  .  .  .  

PART 2

[Part 2 of Schedule 3 Rescinded by S.R. 2010, No. 128, Applied:15 Dec 2010] .  .  .  .  .  .  .  .  

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

Notified in the Gazette on 31 December 2008

These regulations are administered in the Department of Justice.