Electricity Safety Amendment Act 2007
Electricity Safety Amendment Act 2007
No. 61 of 2007
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purpose 1
2 Commencement 2
3 Principal Act 2
PART 2—ELECTRICITY SAFETY MANAGEMENT SCHEME
AMENDMENTS 3
4 Definitions 3
5 New section 3A inserted 5
3A Declaration of certain distribution companies or
transmission companies not to be major electricity
companies 5
6 General duties of network operator 6
7 Part 10 substituted 6
PART 10—ELECTRICITY SAFETY MANAGEMENT 6
Division 1—General duty of major electricity companies 6
98 General duty of major electricity companies 6
Division 2—Mandatory electricity safety management
schemes (major electricity companies) 7
99 Electricity safety management scheme 7
100 Validation of electricity safety management scheme
for a supply network 8
101 Additional information 9
102 Acceptance of electricity safety management scheme 9
103 Provisional acceptance of electricity safety
management scheme 10
104 Non-acceptance of electricity safety management
scheme 11
105 Energy Safe Victoria may determine electricity safety
management scheme 11
106 Compliance with electricity safety management
scheme 12
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Section Page
107 Revision of electricity safety management scheme—
change 14
108 Revision of electricity safety management scheme—
each 5 years 15
109 Energy Safe Victoria may request submission of a
revised electricity safety management scheme 15
110 Offence to fail to submit revised electricity safety
management scheme on request 17
111 Application of provisions to revised electricity safety
management scheme 17
112 Exemption from regulations 17
113 Compliance with electricity safety management
scheme is a defence 18
Division 3—Voluntary electricity safety management
schemes 18
114 Electricity safety management scheme for employers
of electrical workers 18
115 Electricity safety management scheme for specified
premises 19
116 Electricity safety management scheme for network
operator 21
117 Exemption from certain provisions of Act or
regulations 22
118 Compliance with electricity safety management
scheme 23
119 Revision of voluntary electricity safety management
scheme—each 5 years 23
120 Revision of voluntary electricity safety management
scheme—change 24
120A Energy Safe Victoria may request submission of
revised electricity safety management scheme 25
120B Compliance with request 26
120C Lapsing of electricity safety management scheme 26
120D Duty of employer of electrical workers 27
120E Duty of occupier of specified premises 27
120F Duty of network operator 28
120G Compliance with electricity safety management
scheme is a defence 28
Division 4—Other matters 28
120H Compliance audits—independent audits 28
120I Compliance audits—Energy Safe Victoria 29
120J Annual fees 30
8 Enforcement officer may issue improvement notice 30
9 Electricity safety managers 30
10 Safety management schemes 30
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Section Page
11 New section 164 inserted 30
164 Transitional provisions—Electricity Safety
Amendment Act 2007 30
PART 3—OTHER AMENDMENTS 33
12 Railway or tramway system 33
13 Certificates of electrical safety 33
14 New section 45AB inserted 34
45AB Enforcement officer may require rectification of
non-compliant electrical installation work 34
15 Applications to review 36
16 Victorian Electrolysis Committee 37
PART 4—REPEAL OF ACT 38
17 Repeal of Act 38
═══════════════
ENDNOTES 39
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Victoria
Electricity Safety Amendment Act 2007†
No. 61 of 2007
[Assented to 4 December 2007]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to amend the
Electricity Safety Act 1998—
(a) to revise the arrangements relating to
electricity safety management schemes; and
(b) to enable enforcement officers appointed by
Energy Safe Victoria to serve notices on
registered electrical contractors and licensed
electrical installation workers compelling
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Part 1—Preliminary
Electricity Safety Amendment Act 2007
No. 61 of 2007
s. 2
them to rectify non-compliant electrical
work; and
(c) to provide for the representation of both tram
and train operators on the Victorian
Electrolysis Committee; and
(d) to otherwise improve the operation of the
Act.
2 Commencement
(1) This Act, other than Part 2, comes into operation
on the day after the day on which it receives the
Royal Assent.
(2) Subject to subsection (3), Part 2 comes into
operation on a day to be proclaimed.
(3) If Part 2 does not come into operation before
1 January 2010, it comes into operation on that
day.
3 Principal Act
In this Act, the Electricity Safety Act 1998 is
called the Principal Act.
See:
Act No.
25/1998.
Reprint No. 4
as at
30 January
2006
and
amending
Act Nos
39/2005,
24/2006,
29/2006 and
32/2006.
LawToday:
www.
legislation.
vic.gov.au
__________________
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Part 2—Electricity Safety Management Scheme Amendments
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No. 61 of 2007
s. 4
PART 2—ELECTRICITY SAFETY MANAGEMENT SCHEME
AMENDMENTS
4 Definitions
(1) In section 3 of the Principal Act, insert the
following definitions—
"accepted ESMS means—
(a) an electricity safety management
scheme that has been accepted or
provisionally accepted under Division 2
or 3 of Part 10; or
(b) if a revised electricity safety
management scheme has been accepted
or provisionally accepted under
Division 2 or 3 of Part 10, that revised
electricity safety management
scheme—
but does not include an electricity safety
management scheme that has lapsed under
Division 3 of Part 10;
accepted ESMS operator means—
(a) a major electricity company whose
electricity safety management scheme
has been accepted or provisionally
accepted by Energy Safe Victoria under
Division 2 of Part 10; or
(b) a voluntary ESMS operator;
major electricity company means—
(a) a regulated distribution company; or
(b) a regulated transmission company—
but does not include a regulated distribution
company or a regulated transmission
company, or a class of regulated distribution
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company or regulated transmission company,
declared under section 3A not to be a major
electricity company;
non-licensed distribution company means a
person who—
(a) engages in the distribution or supply of
electricity; and
(b) is exempted under an Order under
section 17 of the Electricity Industry
Act 2000 from the requirement to
obtain a licence under that Act in
respect of that activity;
non-licensed transmission company means a
person who—
(a) engages in the transmission of
electricity; and
(b) is exempted under an Order under
section 17 of the Electricity Industry
Act 2000 from the requirement to
obtain a licence under that Act in
respect of that activity;
regulated distribution company means—
(a) a distribution company; or
(b) a non-licensed distribution company;
regulated transmission company means—
(a) a transmission company; or
(b) a non-licensed transmission company;
transmission company has the same meaning as
in the Electricity Industry Act 2000;
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voluntary ESMS operator means a person whose
electricity safety management scheme has
been accepted or provisionally accepted by
Energy Safe Victoria under Division 3 of
Part 10;".
(2) In section 3 of the Principal Act, for the definition
of network operator substitute—
"network operator means—
(a) a major electricity company; or
(b) a person who owns or operates an
upstream network (other than a major
electricity company) or railway;".
(3) In section 3 of the Principal Act, the definitions of
accepted electricity safety management scheme,
accepted electricity safety manager and relevant
function are repealed.
5 New section 3A inserted
After section 3 of the Principal Act insert—
"3A Declaration of certain distribution
companies or transmission companies not
to be major electricity companies
The Governor in Council, by Order
published in the Government Gazette, may
declare—
(a) a regulated distribution company or a
class of regulated distribution company;
or
(b) a regulated transmission company or a
class of regulated transmission
company—
not to be a major electricity company for the
purposes of this Act or any part of this Act.".
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s. 6
6 General duties of network operator
In section 75 of the Principal Act—
(a) after "network operator" insert "(other than a
major electricity company)"; and
(b) in paragraph (a), for "operated and
maintained" substitute "operated,
maintained and decommissioned".
7 Part 10 substituted
For Part 10 of the Principal Act substitute—
"PART 10—ELECTRICITY SAFETY
MANAGEMENT
Division 1—General duty of major electricity
companies
98 General duty of major electricity
companies
A major electricity company must design,
construct, operate, maintain and
decommission its supply network to
minimise as far as practicable—
(a) the hazards and risks to the safety of
any person arising from the supply
network; and
(b) the hazards and risks of damage to the
property of any person arising from the
supply network.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
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Division 2—Mandatory electricity safety
management schemes (major electricity
companies)
99 Electricity safety management scheme
(1) A major electricity company must submit an
electricity safety management scheme to
Energy Safe Victoria for each of its supply
networks in accordance with this section.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(2) An electricity safety management scheme for
a supply network must—
(a) be in writing; and
(b) in accordance with the regulations,
specify the safety management system
being followed or to be followed by the
major electricity company—
(i) to comply with the major
electricity company's duties under
Division 1; and
(ii) in relation to any other matters
relating to the safe design,
construction, operation,
maintenance and
decommissioning of the supply
network that are prescribed.
(3) The electricity safety management scheme
for a supply network which is in operation
immediately before the commencement of
this section must be submitted within
12 months after that commencement.
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(4) The electricity safety management scheme
for any other supply network must be
submitted to Energy Safe Victoria before the
major electricity company commences to
commission, or operate, that supply network.
(5) An electricity safety management scheme
may apply to more than one supply network.
(6) An electricity safety management scheme
that is submitted under this section must be
accompanied by the prescribed fee.
100 Validation of electricity safety
management scheme for a supply network
(1) If an electricity safety management scheme
has been submitted for a supply network,
Energy Safe Victoria may require the major
electricity company to obtain an independent
validation of that electricity safety
management scheme or any part of that
electricity safety management scheme.
(2) Energy Safe Victoria may require the
validation to assess the design, construction,
operation, maintenance and
decommissioning of the supply network or
any part of the supply network or all or any
of those matters to determine if the supply
network or part of the supply network will be
fit for the purpose.
(3) The major electricity company must
establish to the satisfaction of Energy Safe
Victoria that each person undertaking the
validation of a matter has the necessary
competence and ability and access to
information on the matter to arrive at an
independent opinion on the matter.
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(4) If Energy Safe Victoria requires a major
electricity company to provide an
independent validation of an electricity
safety management scheme or part of an
electricity safety management scheme, the
costs of that validation must be borne by the
major electricity company.
(5) Energy Safe Victoria is not required to
proceed with the consideration of an
electricity safety management scheme until
the independent validation is provided.
101 Additional information
(1) Energy Safe Victoria may require a major
electricity company to provide any additional
information that Energy Safe Victoria thinks
fit in relation to an electricity safety
management scheme submitted by the major
electricity company under this Division.
(2) Energy Safe Victoria is not required to
proceed with the consideration of an
electricity safety management scheme until
the additional information is provided.
102 Acceptance of electricity safety
management scheme
(1) Energy Safe Victoria must consider an
electricity safety management scheme
submitted under this Division with as much
expedition as the requirements of this Act
and the regulations and the proper
consideration of the electricity safety
management scheme permit.
(2) Energy Safe Victoria must accept an
electricity safety management scheme
submitted under this Division if it is satisfied
that the electricity safety management
scheme is appropriate for the supply network
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to which it applies and complies with this
Act and the regulations relating to electricity
safety management schemes.
(3) Energy Safe Victoria must notify the major
electricity company in writing of its decision
to accept an electricity safety management
scheme.
103 Provisional acceptance of electricity safety
management scheme
(1) Energy Safe Victoria may provisionally
accept an electricity safety management
scheme if it is satisfied that it will provide
for the safe operation of the supply network.
(2) Energy Safe Victoria must notify the major
electricity company in writing of its decision
to provisionally accept an electricity safety
management scheme.
(3) The notice of acceptance must state—
(a) the period that the provisional
acceptance will be in force; and
(b) the extent to which the electricity safety
management scheme has been
accepted; and
(c) any limitations or conditions which will
apply in respect of the design,
construction, operation, maintenance or
decommissioning of the supply network
while the provisional acceptance is in
force.
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104 Non-acceptance of electricity safety
management scheme
(1) If Energy Safe Victoria does not accept or
provisionally accept an electricity safety
management scheme it must—
(a) notify the major electricity company in
writing of the non-acceptance; and
(b) give the major electricity company an
opportunity to modify and re-submit
the electricity safety management
scheme.
(2) A modified electricity safety management
scheme must be submitted to Energy Safe
Victoria within 28 days after the notice is
given under subsection (1).
(3) If, after considering any modified electricity
safety management scheme submitted under
this section, Energy Safe Victoria decides
not to accept an electricity safety
management scheme, Energy Safe Victoria
must give notice in writing of that decision
to the major electricity company.
(4) A notice under this section must be
accompanied by a statement of the reasons
for the decision.
105 Energy Safe Victoria may determine
electricity safety management scheme
(1) Energy Safe Victoria may determine the
electricity safety management scheme which
is to apply in respect of a supply network
which is in operation at the time of the
determination if—
(a) the major electricity company fails to
submit an electricity safety
management scheme for the supply
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network in accordance with this
Division; or
(b) Energy Safe Victoria has decided not to
accept an electricity safety management
scheme for the supply network.
(2) If Energy Safe Victoria determines the
electricity safety management scheme to
apply to a supply network under this section,
Energy Safe Victoria must give notice in
writing to the major electricity company of
that determination.
(3) On notice being given to the major electricity
company under subsection (2), the electricity
safety management scheme determined by
Energy Safe Victoria is deemed for the
purposes of this Act to be the accepted
ESMS for the supply network to which it
applies.
(4) Nothing in subsection (3) prevents a major
electricity company from submitting an
electricity safety management scheme or a
revised electricity safety management
scheme for a supply network to Energy Safe
Victoria for acceptance under this Division.
106 Compliance with electricity safety
management scheme
(1) A major electricity company must not
commence to commission, or operate, a
supply network unless an electricity safety
management scheme for that supply network
has been accepted or provisionally accepted
under this Division.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
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(2) A major electricity company must comply
with the accepted ESMS for a supply
network.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(3) A major electricity company must comply
with the accepted ESMS for a supply
network in relation to the removal,
dismantling or decommissioning of the
supply network.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(4) A major electricity company must not—
(a) undertake or permit a modification of a
supply network that has the potential to
significantly increase the overall levels
of risk to the safety of any person or
property arising from the supply
network; or
(b) undertake or permit a modification of a
supply network that has the potential to
significantly influence the level of
specific risk to the safety of any person
or property arising from the supply
network or the ranking of risk
contributing factors; or
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(c) make or permit a significant change to
the safety management system in
relation to the supply network—
unless Energy Safe Victoria has accepted a
revision of the accepted ESMS in relation to
that matter for that supply network.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
107 Revision of electricity safety management
scheme—change
A major electricity company must submit a
revised electricity safety management
scheme to Energy Safe Victoria if—
(a) developments in technical knowledge
or the assessment of hazards relevant to
the supply network make it appropriate
to revise the accepted ESMS; or
(b) a proposed modification to the supply
network will result in a significant
increase in the overall level of risk to
the safety of any person or property
arising from the supply network; or
(c) a proposed modification to the work
practices covered by the accepted
ESMS will result in a significant
increase in the overall levels of risk to
the safety of any person or property
arising from the supply network; or
(d) the major electricity company proposes
to make a significant change to the
accepted ESMS.
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108 Revision of electricity safety management
scheme—each 5 years
A major electricity company must submit a
revised electricity safety management
scheme to Energy Safe Victoria at the end of
each period of 5 years commencing on the
later of—
(a) the date when the accepted ESMS is
first accepted; or
(b) the date of the most recent acceptance
of a revision of the accepted ESMS
submitted under this Division.
Penalty: In the case of a natural person,
80 penalty units;
In the case of a body corporate,
400 penalty units.
109 Energy Safe Victoria may request
submission of a revised electricity safety
management scheme
(1) Energy Safe Victoria may at any time
request a major electricity company to
submit a revised electricity safety
management scheme for a supply network of
the major electricity company.
(2) The request must—
(a) be in writing; and
(b) set out—
(i) the matters to be addressed by the
required revision; and
(ii) the proposed date of effect of the
revision; and
(iii) the grounds for the request.
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(3) The major electricity company to whom the
request is given may make a submission to
Energy Safe Victoria on all or any of the
following grounds—
(a) that the revision should not occur;
(b) that the revision should be in different
terms from the proposed terms;
(c) that the revision should take effect on a
later date than the proposed date of
effect.
(4) The submission must—
(a) be in writing; and
(b) state the major electricity company's
reasons for the submission; and
(c) be made within 21 days, or such later
period as Energy Safe Victoria allows,
after the request is received.
(5) If a major electricity company makes a
submission under this section, Energy Safe
Victoria must decide—
(a) to accept the submission or part of the
submission and vary or withdraw the
request accordingly; or
(b) to reject the submission.
(6) Energy Safe Victoria must give the major
electricity company notice in writing of its
decision on the submission and the reasons
for that decision.
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110 Offence to fail to submit revised electricity
safety management scheme on request
If Energy Safe Victoria requests the revision
of an electricity safety management scheme
in accordance with section 109, the major
electricity company must submit a revised
electricity safety management scheme for a
supply network to Energy Safe Victoria—
(a) if the major electricity company does
not make a submission under that
section, within the time (being not less
than 60 days) specified by Energy Safe
Victoria in the request; or
(b) if the major electricity company has
made a submission under that section
and Energy Safe Victoria has not
withdrawn the request, within the time
(being not less than 60 days) specified
by Energy Safe Victoria in the decision
on the submission.
Penalty: In the case of a natural person,
80 penalty units;
In the case of a body corporate,
400 penalty units.
111 Application of provisions to revised
electricity safety management scheme
Sections 100 to 105 apply to the revision of
an electricity safety management scheme in
the same manner as they apply to an
electricity safety management scheme.
112 Exemption from regulations
If Energy Safe Victoria accepts an electricity
safety management scheme submitted under
this Division, the relevant accepted ESMS
operator is exempt from compliance with the
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provisions of the Electricity Safety (Network
Assets) Regulations 1999 (S.R. No.
141/1999) relating to the design,
construction, operation or maintenance of a
supply network.
113 Compliance with electricity safety
management scheme is a defence
It is a defence to a prosecution of a person
for an offence relating to a breach of a duty
or obligation set out in Division 1 if the
person has complied with the accepted
ESMS in relation to that duty or obligation.
Division 3—Voluntary electricity safety
management schemes
114 Electricity safety management scheme for
employers of electrical workers
(1) Energy Safe Victoria may permit a person
who is an employer of electrical workers to
submit an electricity safety management
scheme in respect of electrical work carried
out by those workers for that person.
(2) An electricity safety management scheme
submitted under this section must—
(a) be in writing; and
(b) in accordance with the regulations,
specify the safety management system
being followed or to be followed in
respect of the safety of electrical work
to which the electricity safety
management scheme applies; and
(c) be accompanied by the relevant
prescribed application fee.
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(3) Sections 100 to 104 apply to an electricity
safety management scheme under this
section—
(a) as if—
(i) a reference to a supply network
were a reference to electrical work
carried out by electrical workers;
and
(ii) a reference to a major electricity
company were a reference to the
employer of the electrical workers
carrying out electrical work; and
(iii) a reference to the design,
construction, operation,
maintenance and
decommissioning of the supply
network were a reference to the
carrying out of electrical work by
electrical workers; and
(iv) a reference to the safe operation of
the supply network were a
reference to the safe carrying out
of electrical work by electrical
workers; and
(b) with any other alterations or
modifications that are necessary.
115 Electricity safety management scheme for
specified premises
(1) Energy Safe Victoria may permit a person
who is the occupier of specified premises to
submit an electricity safety management
scheme in respect of electrical work carried
out at those premises by electrical workers
employed or engaged by that person.
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(2) An electricity safety management scheme
submitted under this section must—
(a) be in writing; and
(b) in accordance with the regulations,
specify the safety management system
being followed or to be followed in
respect of the electrical work to which
the electricity safety management
scheme applies; and
(c) be accompanied by the relevant
prescribed application fee.
(3) Sections 100 to 104 apply to an electricity
safety management scheme under this
section—
(a) as if—
(i) a reference to a supply network
were a reference to electrical work
carried out at specified premises;
and
(ii) a reference to a major electricity
company were a reference to the
occupier of the specified premises
at which electrical work is carried
out; and
(iii) a reference to the design,
construction, operation,
maintenance and
decommissioning of the supply
network were a reference to the
carrying out of electrical work at
the specified premises; and
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(iv) a reference to the safe operation of
the supply network were a
reference to the safe carrying out
of electrical work at the specified
premises; and
(b) with any other alterations or
modifications that are necessary.
116 Electricity safety management scheme for
network operator
(1) Energy Safe Victoria may permit a network
operator (other than a major electricity
company) to submit an electricity safety
management scheme in respect of the design,
construction, operation, maintenance and
decommissioning of the network operator's
supply network.
(2) An electricity safety management scheme
submitted under this section must—
(a) be in writing; and
(b) in accordance with the regulations,
specify the safety management system
being followed or to be followed in
respect of the supply network to which
the electricity safety management
scheme applies; and
(c) be accompanied by the relevant
prescribed application fee.
(3) Sections 100 to 104 apply to an electricity
safety management scheme under this
section as if any reference to a major
electricity company were a reference to the
network operator.
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117 Exemption from certain provisions of Act
or regulations
(1) If Energy Safe Victoria accepts an electricity
safety management scheme submitted under
section 114, Energy Safe Victoria may
exempt any person authorised under the
accepted ESMS to carry out a class or type
of electrical work from compliance with any
of the regulations relating to the carrying out
of that class or type of electrical work or
from compliance with section 44(2), 45(1),
(2) or (3) or 45A.
(2) If Energy Safe Victoria accepts an electricity
safety management scheme submitted under
section 115, Energy Safe Victoria may
exempt a person carrying out a specified
class or type of electrical work on the
specified premises to which the accepted
ESMS applies from compliance with any of
the regulations relating to the carrying out of
that class or type of work or from
compliance with section 44(2), 45(1), (2)
or (3) or 45A.
(3) If Energy Safe Victoria accepts an electricity
safety management scheme submitted under
this Division, Energy Safe Victoria may
exempt the network operator referred to in
section 116 from compliance with any of the
regulations relating to the installation and
operation of electrical installations or supply
networks.
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118 Compliance with electricity safety
management scheme
(1) An employer of electrical workers must
comply with an accepted ESMS that applies
in respect of electrical work carried out by
those workers for that person.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
(2) A person who is an occupier of specified
premises must comply with an accepted
ESMS that applies in respect of electrical
work carried out at the specified premises
occupied by that person by electrical workers
employed or engaged by that person.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
(3) A network operator must comply with an
accepted ESMS that applies in respect of that
operator's supply network.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
119 Revision of voluntary electricity safety
management scheme—each 5 years
A voluntary ESMS operator must submit a
revised electricity safety management
scheme to Energy Safe Victoria at the end of
each period of 5 years commencing on the
later of—
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(a) the date when the relevant electricity
safety management scheme is first
accepted; or
(b) the date of the most recent acceptance
of a revision of the electricity safety
management scheme submitted under
this section.
Penalty: In the case of a natural person,
50 penalty units;
In the case of a body corporate,
250 penalty units.
120 Revision of voluntary electricity safety
management scheme—change
A voluntary ESMS operator must submit a
revised electricity safety management
scheme to Energy Safe Victoria if—
(a) developments in technical knowledge
or the assessment of hazards make it
appropriate to revise the electricity
safety management scheme; or
(b) a proposed modification to, as the case
requires, the supply network or
electrical installation will result in a
significant increase in the overall levels
of risk to the safety of any person or
property arising from the supply
network or electrical installation; or
(c) a proposed change to the electrical
work to which the electricity safety
management scheme applies will result
in a significant increase in the overall
levels of risk to the safety of any person
or property arising from electricity; or
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(d) the voluntary ESMS operator proposes
to make a significant change to the
accepted ESMS.
120A Energy Safe Victoria may request
submission of revised electricity safety
management scheme
(1) Energy Safe Victoria may at any time
request a voluntary ESMS operator to submit
a revised electricity safety management
scheme for—
(a) in the case of an employer of electrical
workers—electrical work carried out by
those workers for that person; or
(b) in the case of an occupier of specified
premises—electrical work carried out at
the specified premises occupied by that
person by electrical workers employed
or engaged by that person; or
(c) in the case of a network operator—
a supply network.
(2) The request must—
(a) be in writing; and
(b) set out—
(i) the matters to be addressed by the
required revision; and
(ii) the proposed date of effect of the
revision; and
(iii) the grounds for the request.
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120B Compliance with request
A voluntary ESMS operator must comply
with a request under section 120A within the
time (being not less than 60 days) specified
by Energy Safe Victoria in the request.
Penalty: In the case of a natural person,
80 penalty units;
In the case of a body corporate,
400 penalty units.
120C Lapsing of electricity safety management
scheme
(1) If a voluntary ESMS operator fails to comply
with section 119, 120, 120A or 120H,
Energy Safe Victoria, by notice in writing to
the operator, may determine that the relevant
accepted ESMS applying to, as the case
requires—
(a) electrical work carried out by electrical
workers employed or engaged by that
operator; or
(b) a supply network—
has lapsed.
(2) A voluntary ESMS operator may, by notice
in writing to Energy Safe Victoria, withdraw
an accepted ESMS applying to, as the case
requires—
(a) the electrical work carried out by
electrical workers employed or engaged
by that operator; or
(b) the operator's supply network.
(3) If an accepted ESMS has lapsed or been
withdrawn, any exemption granted under
section 117 in respect of that electricity
safety management scheme lapses.
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120D Duty of employer of electrical workers
An employer of electrical workers who carry
out electrical work to which an accepted
ESMS applies must manage the carrying out
of that electrical work to minimise as far as
practicable—
(a) the hazards and risks to safety of any
person arising from electricity; and
(b) the hazards and risks to property arising
from electricity.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
120E Duty of occupier of specified premises
The occupier of specified premises at which
electrical work is carried out, and to which
an accepted ESMS applies, must manage the
carrying out of that electrical work at the
specified premises to minimise as far as
practicable—
(a) the hazards and risks to safety of any
person arising from electricity; and
(b) the hazards and risks to property arising
from electricity.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
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120F Duty of network operator
A network operator (other than a major
electricity company) must, in respect of a
supply network to which an accepted ESMS
applies, manage that supply network to
minimise as far as practicable—
(a) hazards and risks to the safety of any
person arising from the supply network;
and
(b) the hazards and risks of damage to
property of any person arising from the
supply network.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
120G Compliance with electricity safety
management scheme is a defence
It is a defence to a prosecution of a person
for an offence relating to a breach of a duty
or obligation set out in section 75 or this
Division if the person has complied with the
accepted ESMS in relation to that duty or
obligation.
Division 4—Other matters
120H Compliance audits—independent audits
(1) Energy Safe Victoria may require an
accepted ESMS operator—
(a) to obtain, at the intervals determined by
Energy Safe Victoria, independent
audits of the operator's compliance with
the accepted ESMS that applies to, as
the case requires—
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(i) the electrical work carried out by
electrical workers employed or
engaged by that operator; or
(ii) the operator's supply network; and
(b) to forward a copy of each audit report
to Energy Safe Victoria within a time
specified by Energy Safe Victoria.
(2) The accepted ESMS operator must establish
to the satisfaction of Energy Safe Victoria
that each person undertaking an audit under
this section has the necessary competence
and ability and access to information on the
operations of the accepted ESMS operator
and the accepted ESMS to enable an
independent audit to be carried out.
(3) If Energy Safe Victoria requires an accepted
ESMS operator to obtain an independent
audit under this section, the costs of that
audit must be borne by the accepted ESMS
operator.
(4) An accepted ESMS operator must comply
with a requirement of Energy Safe Victoria
under this section.
Penalty: 50 penalty units.
120I Compliance audits—Energy Safe Victoria
Energy Safe Victoria may conduct, or cause
to be conducted, an audit, to determine
whether or not an accepted ESMS operator is
satisfactorily complying with the accepted
ESMS that applies to, as the case requires—
(a) the electrical work carried out by
electrical workers employed or engaged
by that operator; or
(b) the operator's supply network.
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120J Annual fees
An accepted ESMS operator must pay the
relevant prescribed annual administration fee
in accordance with the regulations.".
8 Enforcement officer may issue improvement notice
In sections 143(1)(a) and 143(3)(a)(i) of the
Principal Act, for "Division 2 of Part 10"
substitute "Division 2 or 3 of Part 10".
9 Electricity safety managers
Section 149A of the Principal Act is repealed.
10 Safety management schemes
For section 150(b) of the Principal Act
substitute—
"(b) specifying the procedures for the acceptance
and revision of an electricity safety
management scheme;".
11 New section 164 inserted
After section 163 of the Principal Act insert—
"164 Transitional provisions—Electricity
Safety Amendment Act 2007
(1) In this section—
accepted electricity safety management
scheme has the same meaning as it had
in section 3 immediately before the
commencement of section 4(3) of the
Electricity Safety Amendment Act
2007.
(2) An accepted electricity safety management
scheme that is in force immediately before
the commencement of section 7 of the
Electricity Safety Amendment Act 2007 is
deemed on that commencement to be—
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(a) if the accepted electricity safety
management scheme is in respect of the
design, construction, operation,
maintenance or decommissioning of a
supply network owned or operated by a
major electricity company—an
electricity safety management scheme
accepted by Energy Safe Victoria under
Division 2 of Part 10;
(b) if the accepted safety management
scheme is in respect of electrical work
carried out by electrical workers
employed by a scheme operator
(as defined by section 107(1)(a)
immediately before that section's repeal
by section 7 of the Electricity Safety
Amendment Act 2007)—an electricity
safety management scheme accepted by
Energy Safe Victoria under
section 114;
(c) if the accepted safety management
scheme is in respect of electrical work
carried out at specified premises
occupied by a scheme operator
(as defined by section 107(1)(c)
immediately before that section's repeal
by section 7 of the Electricity Safety
Amendment Act 2007)—an electricity
safety management scheme accepted by
Energy Safe Victoria under
section 115;
(d) if the accepted safety management
scheme is in respect of the design,
construction, operation and
maintenance of an upstream network of
a network operator that is not a major
electricity company—an electricity
safety management scheme accepted by
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Energy Safe Victoria under
section 116.".
__________________
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Part 3—Other Amendments
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No. 61 of 2007
s. 12
PART 3—OTHER AMENDMENTS
12 Railway or tramway system
(1) In section 3 of the Principal Act, in paragraph (b)
of the definition of network operator omit
"or tramway system".
(2) In section 3 of the Principal Act, for the definition
of railway or tramway system substitute—
"railway has the same meaning as in section 3(1)
of the Rail Safety Act 2006;".
(3) In sections 75, 76(1), 76(2), 76(3) and 86(10A) of
the Principal Act omit "or tramway system".
(4) In section 94 of the Principal Act—
(a) insert the following heading—
"Railway operator—duty in relation to
stray electrical current leakage"; and
(b) omit "or tramway system"; and
(c) for "that system" (where twice occurring)
substitute "that railway".
(5) In section 155(1)(g) of the Principal Act, for
"railway and tramway systems" (where twice
occurring) substitute "railways".
(6) In section 155(1)(g)(iii) of the Principal Act omit
"or tramway system".
13 Certificates of electrical safety
(1) In section 3 of the Principal Act, insert the
following definitions—
"certificate of compliance means a certificate of
compliance completed under section 44 for
electrical installation work carried out by a
licensed electrical installation worker;
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certificate of inspection means a certificate of
inspection of electrical installation work
carried out by a licensed electrical inspector
under section 45;
rectification notice means a notice given under
section 45AB;".
(2) In sections 44(2)(a), 44(2)(b) and 44(3) of the
Principal Act, for "compliance certificate"
substitute "certificate of compliance".
(3) Sections 44(4) and 45(5) of the Principal Act are
repealed.
14 New section 45AB inserted
After section 45A of the Principal Act insert—
"45AB Enforcement officer may require
rectification of non-compliant electrical
installation work
(1) This section applies if an enforcement officer
is of the opinion that particular electrical
installation work is in breach of any
provision of this Act or the regulations
applying to that work.
(2) The enforcement officer may give the person
who is responsible for the carrying out of
electrical installation work a written
rectification notice requiring the person to
rectify the work to make it comply with the
provision of this Act or the regulations that
the work does not comply with within the
reasonable time specified by the enforcement
officer.
(3) If a certificate of electrical safety was given
in respect of electrical installation work, the
person who was responsible for the carrying
out of the electrical installation work, and
who ensured that the certificate was
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completed and given under section 45A,
must—
(a) ensure that a new certificate of
electrical safety is completed and given
under that section in respect of the
rectified work; and
(b) give the enforcement officer a copy of
that new certificate within a reasonable
time specified by the enforcement
officer.
(4) A person—
(a) must comply with any requirement
made by an enforcement officer in a
rectification notice; and
(b) must not ask for, or receive, from the
person for whom the work was
originally carried out (or any agent of
that person) any money in respect of
any cost arising from anything the
person does in complying with a
rectification notice.
Penalty: In the case of a natural person,
50 penalty units;
In the case of a body corporate,
250 penalty units.
(5) The enforcement officer must make it clear
in a rectification notice in what way the work
that needs rectification is non-compliant.
(6) If a person applies to the Tribunal under
section 69 to have the decision to give a
rectification notice reviewed, he or she need
not comply with the notice until he or she
abandons the application or receives written
notice that the Tribunal has affirmed the
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rectification notice or dismissed the
application.
(7) For the purposes of subsection (6), if the
time specified to comply with a rectification
notice is expressed as a date, the time within
which the notice must be complied with is
the number of days between that date and the
date the notice was given to the person.
(8) If an enforcement officer gives a rectification
notice to a person before the person ensures
the completion of, and gives, a certificate of
electrical safety in accordance with
section 45A in respect of electrical
installation work, the person must still
ensure that a certificate of electrical safety is
completed and given in accordance with that
section once the rectification work has been
completed.
(9) A certificate of electrical safety completed
and given as required by subsection (8) must
be completed in respect of both the original
electrical installation work and the rectified
electrical installation work.
(10) The enforcement officer must give a copy of
the rectification notice to the person on
whose behalf the electrical installation work
was carried out.".
15 Applications to review
(1) After section 69(2) of the Principal Act insert—
"(2A) A person to whom a rectification notice is
given may apply to the Tribunal for review
of either or both of the following—
(a) the decision to give the notice;
(b) any requirement contained in the
notice.".
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(2) In section 69(5) of the Principal Act—
(a) for "subsection (3) or (4)" substitute
"subsection (2A), (3) or (4)"; and
(b) in paragraph (a), for "or the direction"
substitute ", direction or rectification
notice".
(3) Section 69(7) of the Principal Act is repealed.
16 Victorian Electrolysis Committee
(1) In section 91(2) of the Principal Act, for
"7 members" substitute "8 members".
(2) For section 91(5)(b) of the Principal Act
substitute—
"(b) a person representing the interests of train
operators nominated by the Minister
administering the Transport Act 1983;
(ba) a person representing the interests of tram
operators nominated by the Minister
administering the Transport Act 1983;".
__________________
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Part 4—Repeal of Act
Electricity Safety Amendment Act 2007
No. 61 of 2007
s. 17
PART 4—REPEAL OF ACT
17 Repeal of Act
This Act is repealed on 1 January 2011.
═══════════════
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Endnotes
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 11 October 2007
Legislative Council: 1 November 2007
The long title for the Bill for this Act was "A Bill for an Act to amend the
Electricity Safety Act 1998 and for other purposes."
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