Queensland Consolidated Acts Queensland Consolidated Acts(1) The person in control, of electrical equipment, is the person who controls the electrical equipment.
(2) A person who is the occupier of a place where electrical equipment is located would ordinarily be the person in control of the equipment.
Examples—
A manufacturer that owns a factory building used for the manufacturer's business would ordinarily be the person in control of all electrical equipment at the building.
The body corporate for a community titles scheme would ordinarily be the person in control of electrical equipment located on common property for the scheme.
A person who occupies a lot in a community titles scheme would ordinarily be the person in control of electrical equipment located within the lot.
(3) If there is in place a contract or other arrangement to the effect that a person other than the occupier of a place where electrical equipment is located is to control the electrical equipment, the other person is the person in control of the equipment.
Examples—
If a manufacturer occupies a factory building under a lease, and the lease provides that the lessor keeps responsibility for the maintenance and repair of particular electrical equipment at the building, the lessor is the person in control of the particular electrical equipment.
If the body corporate for a community titles scheme enters into a contract under which a licensed electrical contractor assumes responsibility for the repair and maintenance of electrical equipment located on common property for the scheme, the electrical contractor is the person in control of the electrical equipment.
If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease, and the lease provides that the shopping centre management keeps responsibility for particular electrical equipment in the retail premises, the shopping centre management is the person in control of the particular electrical equipment.
If the lessee under a retail shop lease occupies retail premises in a shopping centre under a lease, and the lease provides that the lessee may interfere with particular electrical equipment at the retail premises only with the consent of the shopping centre management, both the lessee and the shopping centre management are persons in control of the electrical equipment.
(4) Despite subsections (1) to (3), if premises are occupied as a residence other than by the owner of the premises, the owner is the person in control of electrical equipment located at the premises if it—
(a) forms part of, or is supplied for use at, the premises; and
(b) is owned by the owner of the premises.
(5) For subsection (1), a person does not control electrical equipment only because the electrical equipment—
(a) is the subject of electrical work performed by the person or directed or supervised by the person; or
(b) is used for the carrying out of work—
(i) performed by the person as a worker; or
(ii) directed or supervised by the person.
(6) In this section—
control, electrical equipment, includes having responsibility for the maintenance and repair of the electrical equipment.