ELECTRICAL SAFETY ACT 2022 (NO 3 OF 2022)

Northern Territory Numbered Acts

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ELECTRICAL SAFETY ACT 2022 (NO 3 OF 2022)

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY MATTERS

Division 1-- Preliminary

1. Short title
2. Commencement

Division 2--Interpretation

3. Definitions
4. Meaning of electrical risk , safe from electrical risk and electrical safety
5. Meaning of serious electrical event and dangerous electrical event
6. Meaning of electrical equipment
7. Meaning of electrical installation
8. Meaning of electric line
9. Meaning of electrical work
10. Types of electrical work
11. Meaning of officer
12. Meaning of in control
13. Person conducting a business or undertaking
14. Meaning of reasonably practicable in ensuring electrical safety
15. Meaning of worker

Division 3--Purposes and application of Act

16. Purposes
17. Act binds Crown
18. Application of Criminal Code

PART 2--ELECTRICAL SAFETY DUTIES

Division 1--Preliminary matters

19. Duties not transferable
20. Person with multiple duties
21. Multiple persons with same duty
22. Duty of officers

Division 2--Electrical safety duties

23. Primary safety duty
24. Safety duty of electricity entity
25. Safety duty of designers
26. Safety duty of manufacturers
27. Safety duty of importers
28. Safety duty of suppliers
29. Safety duty of installers
30. Safety duty of repairers
31. Safety duty of owner or operator of installation
32. Safety duty of person in control of electrical equipment
33. Safety duty of worker
34. Duty to ensure workers are licensed
35. Safety duty of other individuals
36. Safety duty of person conducting recognised external certification scheme

Division 3--Duties in relation to events

37. Duty to report events
38. Duty to preserve site of event

Division 4--Work related to electricity network

39. Notice of proposed work related to electricity network
40. Requirements for work related to electricity network

Division 5--Certificate of compliance

41. Certificate of compliance
42. Exemption from certificate of compliance requirements

Division 6--Offences and penalties

43. Reckless conduct – category 1
44. Failure to comply with electrical safety duty – category 2
45. Failure to comply with electrical safety duty – category 3
46. Exemption for volunteer
47. Offences in relation to events
48. Offences in relation to certificates

PART 3--LICENCES

Division 1--Requirements for licences

49. Types of licences
50. Electrical work licence
51. Electrical contractor licence
52. In-house electrical licence
53. Register of engaged workers
54. Information from engaged electrical worker

Division 2--Application process

55. Application for licence
56. Application to renew licence
57. Further information to support application
58. Issuing and renewing licences

Division 3--Other licence matters

59. Conditions and restrictions
60. Compliance with conditions and restrictions
61. Licence fees

Division 4--Apprentices, trainees and interstate licences

62. Registration of apprentices
63. Trainee permits
64. Recognition of interstate licences

Division 5--Offences

65. Electrical worker offences
66. Electrical contractor offences
67. In-house contractor offence
68. Offences related to register of engaged workers

PART 4--SAFETY OF ELECTRICAL EQUIPMENT AND SUPPLY

Division 1--Safety of consumer electrical equipment

69. Consumer electrical equipment
70. Approved consumer electrical equipment
71. Selling or supplying unapproved consumer electrical equipment
72. Marked consumer electrical equipment
73. Selling or supplying unmarked consumer electrical equipment
74. Selling falsely marked consumer electrical equipment
75. Falsely marking consumer electrical equipment
76. Used consumer electrical equipment

Division 2--Safety management and mitigation plans

77. Requirement for safety management and mitigation plan
78. Approval of safety management and mitigation plan
79. Implementation of safety management and mitigation plan
80. Review and assessment of safety management and mitigation plan
81. Subsequent approval
82. Offences related to safety management and mitigation plan

Division 3--Electrical safety of supply

83. Retailer information
84. Unauthorised connections
85. Interference with electricity infrastructure
86. Abstracting or diverting electricity
87. Unauthorised increase in capacity of connections
88. Unauthorised alterations and additions to electrical installations

Division 4--Interference with powerlines

89. Clearance of vegetation
90. Remedial action to clear vegetation
91. Erecting building or structure in proximity to powerline
92. Remedial order
93. Proposed work in proximity to electricity infrastructure
94. Offences related to work in proximity to electricity infrastructure

PART 5--ADMINISTRATION

Division 1--Electrical Safety Regulator

95. Appointment
96. Functions and powers
97. Powers of Electrical Safety Regulator
98. Delegation by Electrical Safety Regulator
99. Power to require information
100. Offence of failing to give information
101. Annual report

Division 2--Electrical Safety Board

102. Establishment
103. Functions of Board
104. Composition of Board
105. Conditions of appointment to Board
106. Acting members
107. Times of Board meetings
108. Conduct of proceedings

Division 3--Board committees

109. Discipline Committee
110. Functions and powers of Discipline Committee
111. Other committees
112. Times of committee meetings
113. Conduct of proceedings
114. Reports

Division 4--General

115. Conflict of interests
116. Vacancy in office
117. Minutes
118. Annual report
119. Approved forms
120. Charges for services

PART 6--DISCIPLINARY ACTION

Division 1--Grounds for disciplinary action

121. Grounds for discipline – electrical work licence
122. Grounds for discipline – electrical contractor licence or in-house electrical licence
123. Grounds for discipline – apprentices and trainees
124. Failure to pay penalty
125. No limitation period

Division 2--Nature of disciplinary action

126. Types of disciplinary action
127. Competency assessment
128. Recovery of penalties

Division 3--Procedure for taking disciplinary action

129. Complaints
130. Investigation
131. Action after investigation
132. Referral of disciplinary matter
133. Notice of disciplinary hearing
134. Disciplinary hearing
135. Participation at hearing
136. Conduct of disciplinary hearing
137. Record of disciplinary hearing
138. Discipline Committee's decision

Division 4--Immediate suspension of electrical work licence

139. Notice of immediate suspension
140. End of suspension

PART 7--COMPLIANCE MEASURES

Division 1--Inspectors

141. Appointment of inspectors
142. Functions and powers of inspectors
143. Limits on inspectors' powers
144. Identity card
145. Return of identity card
146. Producing identity card
147. Accountability of inspectors
148. Suspension and revocation of appointment of inspector

Division 2--Powers relating to entry

Subdivision 1--Power to enter places

149. Exercise of powers
150. Power to enter place
151. Residential premises
152. Consent to entry
153. Entry on Aboriginal land
154. Notice of entry
155. Person assisting inspectors

Subdivision 2--Search warrants

156. Search warrants
157. Announcement before entry with warrant
158. Copy of warrant to be given

Subdivision 3--Powers of inspection

159. General powers
160. Powers to copy and retain documents
161. Power to require answers and assistance
162. Warning to be given
163. Self-incrimination
164. Power to disconnect unsafe electrical equipment
165. Power to seize evidence
166. Seizing unsafe electrical equipment
167. Receipt for seized things
168. Powers related to seizures
169. Analysis
170. Return of seized things
171. Return of unsafe things
172. Forfeiture of seized things
173. Access to seized things

Division 3--Damage and compensation

174. Damage to be minimised
175. Inspector to give notice of damage
176. Compensation

Division 4--Other inspector powers

177. Power to require name and address
178. Inspector may witness affidavits
179. Attendance of inspector at coronial inquests

Division 5--Other offences

180. Intimidation or obstruction of inspector
181. Falsely representing to be an inspector
182. Misleading information
183. Offence to disclose certain information

PART 8--ENFORCEMENT MEASURES

Division 1--Improvement notices

184. Giving improvement notice
185. Contents of improvement notices
186. Extension of time for compliance with improvement notices
187. Compliance with improvement notice

Division 2--Direction to rectify defective electrical work

188. Power to make direction
189. Notice of proposed direction
190. Compliance with rectification direction

Division 3--Ministerial notices and codes of practice

191. Ministerial notice about electrical safety duty
192. Effect of ministerial notice
193. Code of practice
194. Use of code of practice in proceedings

Division 4--Prohibitions

195. Prohibiting sale of consumer electrical equipment
196. Informing public of proposed prohibition
197. Prohibited supply and sale

Division 5--Electrical safety direction

198. Giving electrical safety direction

Division 6--Recall order

199. Making recall order
200. Notice before recommending recall order
201. Compliance with recall order
202. Interstate recall order
203. Supplier must assist responsible person

Division 7--Non-disturbance notices

204. Issuing non-disturbance notice
205. Compliance with non-disturbance notice

Division 8--General requirements

206. Other content of direction, notice or order
207. Minor changes
208. Electrical Safety Regulator power to vary or revoke
209. Formal irregularities or defects
210. Methods of service
211. Display of direction, notice or order

Division 9--Remedial action

212. Electrical Safety Regulator power to take action
213. Costs of remedial or other action
214. Injunctions for non-compliance

Division 10--Enforceable undertakings

215. Enforceable undertaking
216. Acceptance of undertaking
217. Effect on proceedings
218. Undertaking is enforceable
219. Variation or withdrawal of undertaking
220. Order regarding contravention of undertaking
221. Publication of undertaking

PART 9--ENFORCEMENT PROCEEDINGS

Division 1--Prosecutions and related matters

222. Bringing prosecutions
223. Request for prosecution
224. Guidelines
225. Referral to Director of Public Prosecutions
226. Consent to prosecution
227. Limitation period for prosecutions
228. Multiple contraventions of electrical safety duty

Division 2--Evidence

229. Statements of fact in complaint
230. Certificate evidence
231. Expert report

Division 3--Court orders

232. Undertaking to Court
233. Orders on conviction or finding of guilt
234. Publicity orders
235. Remediation order
236. Electrical safety project order
237. Training order
238. Offence to fail to comply with order

Division 4--The Crown

239. Offences and the Crown
240. Officers of the Crown
241. Responsible agency or instrumentality of Crown

Division 5--General provisions

242. Effect on civil liability
243. Disciplinary action and offences
244. Client legal privilege
245. Protection from civil liability
246. No contracting out

PART 10--OTHER MATTERS

Division 1--Review of decisions

247. Meaning of decision
248. Application for review of inspector's decision
249. Review powers
250. Reviewing inspector's decision
251. Review by NTCAT
252. Effect of application on decision

Division 2--Regulation making power

253. Regulations

PART 11--REPEAL AND TRANSITIONAL PROVISIONS

Division 1--Repeal of Electrical Workers and Contractors Act 1978

254. Act repealed

Division 2--Repeal of Electricity Reform (Safety and Technical) Regulations 2000

255. Regulations repealed

Division 3--Transitional matters

256. Definitions
257. Licences under former Act
258. Applications under former Act
259. Electrical Safety Regulator
260. Electrical Workers and Contractors Board
261. Authorised officers
262. Appeals
263. Safety management and mitigation plan
264. Transitional regulations

PART 12--CONSEQUENTIAL AMENDMENTS

Division 1--Amendment of Consumer Affairs and Fair Trading Act 1990

265. Act amended

Division 2--Amendment of Electricity Reform Act 2000

Division 3--Amendment of Electricity Reform (Administration) Regulations 2000

Division 4--Amendment of Work Health Administration Act 2011

Division 5--Amendment of Work Health and Safety (National Uniform Legislation) Regulations 2011298 Regulations

Division 6--Repeal of Part302 Repeal

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