• Specific Year
    Any

ELECTRICITY SAFETY ACT 1998

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purpose  
  • 2 Commencement  
  • 3 Definitions  
  • 3A Declaration of certain distribution companies or transmission companies not to be major electricity companies  
  • 4 Exemptions  
  • 5 Act to bind the Crown  

PART 2--ENERGY SAFE VICTORIA

  • 6 Objectives of Energy Safe Victoria  
  • 7 Functions of Energy Safe Victoria  
  • 7A Energy Safe Victoria may have regard to the reliability and security of electricity supply in certain cases  
  • 8 Funding  

PART 3--ELECTRICAL WORK

Division 1--Registration of electrical contractors

  • 30 Contractors  
  • 31 Registration of electrical contractors  
  • 32 Registered number  
  • 33 Register of electrical contractors  
  • 34 Disciplinary action  
  • 35 Employees of registered electrical contractor  
  • 36 Electrical contractors not to employ certain persons  
  • 37 Obligations on registered contractors  

Division 2--Licensing of electrical workers

  • 38 Electrical workers  
  • 39 Apprentices deemed to be licensed  
  • 40 Licensing of electrical workers  
  • 41 Disciplinary action  

Division 3--Electrical installation work

  • 41A Responsible person  
  • 41B Supervisor deemed to carry out certain work  
  • 42 Implied conditions relating to electrical installation work  
  • 43 Safety of electrical installations  
  • 43A Safety of electrical installations—building work  
  • 44 Compliance and testing of electrical installation work  
  • 45 Inspection of electrical installation work  
  • 45A Certificates of electrical safety  
  • 45AB Enforcement officer may require rectification of non‑compliant electrical installation work  
  • 45B Supply of certificate forms  

Division 4--Installation of electric lines on public land

  • 46 Regulation of installation  
  • 47 Exemption  
  • 48 Division not to affect operation of other requirements  
  • 49 Transitional  

PART 4--ELECTRICAL EQUIPMENT

Division 1--Preliminary

  • 50 Definitions  
  • 51 Minister may declare corresponding law  
  • 52 No double jeopardy  
  • 53 Declaration of electrical equipment to not be in‑scope electrical equipment  
  • 54 Standards for electrical equipment that is not in‑scope electrical equipment  
  • 55 Declaration of electrical equipment to be controlled electrical equipment  

Division 2--Certificate of suitability

  • 56 Meaning of certificate of suitability  
  • 57 Application for certificate of suitability of electrical equipment  
  • 58 Consideration of application for certificate of suitability  
  • 59 Term of certificate of suitability  
  • 60 Variation of certificate of suitability  
  • 61 Suspension of certificate of suitability  
  • 62 Cancellation of certificate of suitability  
  • 62A Certificate of suitability issued by regulatory authority or an external certifier taken to be issued by Energy Safe Victoria  
  • 62B Suspension of certificate of suitability issued by regulatory authority or external certifier by Energy Safe Victoria  

Division 3--Certificate of conformity

  • 62C Meaning of certificate of conformity  
  • 62D Application for certificate of conformity  
  • 62E Consideration of application for a certificate of conformity  
  • 62F Term of certificate of conformity  
  • 62G Variation of certificate of conformity  
  • 62H Re-examination  
  • 62I Suspension of certificate of conformity  
  • 62J Modifications after issue of certificate of conformity  
  • 62K Cancellation of certificate of conformity  
  • 62L Certificate of conformity issued by regulatory authority or an external certifier—taken to be issued by Energy Safe Victoria  
  • 62M Suspension of certificate of conformity issued by regulatory authority or external certifier by Energy Safe Victoria  

Division 4--Registration of responsible supplier

  • 62N Responsible supplier in Victoria registered in the Register  
  • 62O Recording, amendment or removal of a matter on the Register  
  • 62P Application for exemption of registered responsible supplier or in-scope electrical equipment  
  • 62Q Exemption for registered responsible supplier or in‑scope electrical equipment  
  • 62R Grounds for cancellation of registration of responsible supplier  
  • 62S Grounds for cancellation of registration of level 2 in‑scope electrical equipment or level 3 in-scope electrical equipment  
  • 62T Show cause notice  
  • 62U Cancellation of registration by Energy Safe Victoria  
  • 62V Evidence of registration and registered matters  

Division 5--Alternative mark to regulatory compliance mark

  • 62W Approval of alternative mark to regulatory compliance mark  

Division 6--Prohibition of supply and recall of electrical equipment

  • 63 Prohibition of supply of electrical equipment  
  • 64 Offence to disobey prohibition  
  • 65 Recall of electrical equipment  
  • 66 Offence to fail to comply with requirement  

Division 7--Offences

  • 67 Offence—supply level 2 in-scope electrical equipment or level 3 in-scope electrical equipment  
  • 67A Offence—supply level 1 in-scope electrical equipment  
  • 67B Offence—documentary evidence level 1 in-scope electrical equipment  
  • 67C Offence—documentary evidence level 2 in-scope electrical equipment  
  • 67D Offence—documentary evidence level 3 in-scope electrical equipment  
  • 67E Offence for holder of suspended certificate to supply or offer in-scope electrical equipment  
  • 67F Offence to sell unregistered in-scope electrical equipment  
  • 67G Offence for person other than responsible supplier to supply or offer in-scope electrical equipment  
  • 67H Offence by the responsible supplier to supply or offer to supply in-scope electrical equipment that is not marked  
  • 67I Offence to mark in-scope electrical equipment that does not satisfy relevant standard  
  • 67J Offence for person to offer in-scope electrical equipment for hire  
  • 67K Offence to supply second-hand equipment that is in‑scope electrical equipment to another person  

PART 5--ENERGY EFFICIENCY

  • 68 Prescribed electrical equipment not to be supplied unless registered and labelled  
  • 68A Exemptions from energy efficiency  

PART 6--RIGHTS OF REVIEW

  • 69 Applications to review  

PART 7--UNDERGROUND ELECTRIC LINES AND OWNERS OR OPERATORS OFCOMPLEX ELECTRICAL INSTALLATIONS

  • 75 General duties of owners or operators of complex electrical installations and railways  
  • 76 Underground electric lines  
  • 77 Underground electric lines—obligations of distribution companies  
  • 78 Protection of underground electric lines  

PART 8--BUSHFIRE MITIGATION REQUIREMENTS FORCERTAIN OPERATORS AND ELECTRIC LINE CLEARANCE

Division 1--General

  • 79 Urban area  
  • 80 Fire hazard rating  
  • 81 Declared area in urban area  
  • 82 Operation of Part  
  • 83 Point of supply  

Division 1A--Bushfire mitigation requirements for certain operators of at-risk electric lines

  • 83A Definitions  
  • 83B General duty of specified operators to minimise bushfire danger  
  • 83BA Submission of bushfire mitigation plans for acceptance  
  • 83BB Compliance with bushfire mitigation plan  
  • 83BC Validation of bushfire mitigation plans  
  • 83BD Additional information  
  • 83BE Acceptance of bushfire mitigation plan  
  • 83BF Provisional acceptance of bushfire mitigation plan  
  • 83BG Non-acceptance of bushfire mitigation plan  
  • 83BH Energy Safe Victoria may determine bushfire mitigation plan  
  • 83BI Duration of accepted bushfire mitigation plan  
  • 83BJ Compliance audits for accepted bushfire mitigation plans—independent audits  
  • 83BK Compliance audits—Energy Safe Victoria  

Division 2--Responsibility for maintenance of lines

  • 84 Requirement to keep trees clear of electric lines—distribution companies  
  • 84A Requirement to maintain line—occupiers of land with private or low voltage electric lines  
  • 84B Requirement to keep trees clear of private electric lines—occupiers of contiguous land  
  • 84C Requirement to keep trees clear of electric lines—Councils  
  • 84D Requirement to keep trees clear of electric lines—other persons  
  • 85 Exercise of powers with respect to lines  
  • 86 Failure to maintain lines  
  • 86A Energy Safe Victoria may give directions for restriction or prevention of tree growth  

Division 2A--Electric lines and municipal emergency management plans

  • 86B Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines  

Division 3--Electric Line Clearance Consultative Committee

  • 87 Constitution of Committee  
  • 88 Functions of the Committee  
  • 88A Committee to consider reliability and security of electricity supply  
  • 89 Procedure for Code  
  • 90 Offences against Code  

Division 4--Compliance audits in relation to compliance with the Code

  • 90A Compliance audits in relation to compliance with Code—Energy Safe Victoria  
  • 90B Compliance audits in relation to compliance with Code—independent audits  

Division 5--Compliance audits in relation to compliance with the management plan

  • 90C Application  
  • 90D Compliance audits for management plans—Energy Safe Victoria  
  • 90E Compliance audits for management plans—independent audits  

PART 9--CATHODIC PROTECTION AND MITIGATION OF STRAY CURRENT CORROSION

  • 91 Victorian Electrolysis Committee  
  • 92 Functions of the Committee  
  • 93 Operation of cathodic protection systems  
  • 93A Evidentiary provision—operation of cathodic protection systems  
  • 94 Railway operator—duty in relation to stray electrical current leakage  
  • 95 Mitigation systems  
  • 96 Directions of Energy Safe Victoria  
  • 97 Costs in relation to mitigation systems  

PART 10--ELECTRICITY SAFETY MANAGEMENT

Division 1--General duty of major electricity companies

  • 98 General duty of major electricity companies  

Division 2--Mandatory electricity safety management schemes (major electricity companies)

  • 99 Electricity safety management scheme  
  • 100 Validation of electricity safety management scheme for a supply network  
  • 101 Additional information  
  • 102 Acceptance of electricity safety management scheme  
  • 103 Provisional acceptance of electricity safety management scheme  
  • 104 Non-acceptance of electricity safety management scheme  
  • 105 Energy Safe Victoria may determine electricity safety management scheme  
  • 106 Compliance with electricity safety management scheme  
  • 107 Revision of electricity safety management scheme—change  
  • 108 Revision of electricity safety management scheme—each 5 years  
  • 109 Energy Safe Victoria may request submission of a revised electricity safety management scheme  
  • 110 Offence to fail to submit revised electricity safety management scheme on request  
  • 111 Application of provisions to revised electricity safety management scheme  
  • 112 Revisions that do not relate to bushfire mitigation  
  • 113 Compliance with electricity safety management scheme is a defence  

Division 2A--Ongoing bushfire mitigation plan requirements for major electricity companies

  • 113A Submission of bushfire mitigation plans for acceptance  
  • 113B Compliance with bushfire mitigation plan  
  • 113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans  
  • 113D Accepted bushfire mitigation plan forms part of accepted ESMS  
  • 113E Revisions that only relate to bushfire mitigation  
  • 113F Inspection of overhead private electric lines  

Division 3--Voluntary electricity safety management schemes

  • 114 Electricity safety management scheme for employers of electrical workers  
  • 115 Electricity safety management scheme for specified premises  
  • 116 Electricity safety management scheme for owner of complex electrical installation  
  • 117 Exemption from certain provisions of Act or regulations  
  • 118 Compliance with electricity safety management scheme  
  • 119 Revision of voluntary electricity safety management scheme—each 5 years  
  • 120 Revision of voluntary electricity safety management scheme—change  
  • 120A Energy Safe Victoria may request submission of revised electricity safety management scheme  
  • 120B Compliance with request  
  • 120C Lapsing of electricity safety management scheme  
  • 120D Duty of employer of electrical workers  
  • 120E Duty of occupier of specified premises  
  • 120F Duty of owner of complex electrical installation  
  • 120G Compliance with electricity safety management scheme is a defence  

Division 4--Other matters

  • 120GA Accepted ESMS does not authorise certain electrical linework  
  • 120H Compliance audits—independent audits  
  • 120I Compliance audits—Energy Safe Victoria  
  • 120J Annual fees  

PART 10A--ADDITIONAL BUSHFIRE MITIGATIONREQUIREMENTS FOR MAJOR ELECTRICITY COMPANIES

Division 1--Preliminary

  • 120K Definitions  
  • 120L Meaning of complying substation  

Division 2--Additional bushfire mitigation duties

  • 120M Polyphase electric lines with required capacity  
  • 120N Covering or placing underground electric lines  
  • 120O Installation of Automatic Circuit Recloser for SWER lines  
  • 120P Annual compliance reports  
  • 120Q Independent audits  

Division 3--Enforcement of additional bushfire mitigation duties

  • 120R Proceedings  
  • 120S Criminal proceedings do not lie  
  • 120T Proceedings for contravention of civil penalty provisions  
  • 120U Pecuniary penalties to be paid into the Consolidated Fund  
  • 120V Declaratory relief  

Division 4--Miscellaneous

  • 120W Exemptions  
  • 120X Specification of later dates and periods for compliance with civil penalty provisions  
  • 120Y Information notices  
  • 120Z Audit by Energy Safe Victoria  

PART 11--ENFORCEMENT OFFICERS AND POWERS

Division 1--Appointment of enforcement officers

  • 121 Enforcement officers  

Division 2--Powers of entry--general

  • 122 Powers of entry—compliance  
  • 123 Occupier to be given copy of consent  
  • 124 Emergency access  
  • 125 Powers on entry  
  • 126 Return of things seized  
  • 127 Magistrates' Court may extend period  
  • 128 Entry to be reported to Energy Safe Victoria  

Division 3--Powers of entry--enforcement

  • 129 Powers of entry—enforcement  
  • 130 Occupier to be given copy of acknowledgement  
  • 131 Search warrant  
  • 132 Announcement before entry  
  • 133 Copy of warrant to be given to occupier  

Division 4--General

  • 134 Power of enforcement officer to require information or documents  
  • 135 Offence to give false information to enforcement officer  
  • 136 Copying of documents  
  • 137 Protection against self-incrimination  
  • 138 Offence to obstruct enforcement officer  
  • 139 Police to assist enforcement officers  
  • 140 Impersonation of enforcement officer  

PART 11A--INFRINGEMENT NOTICES

  • 140A Definition  
  • 140B Power to serve a notice  
  • 140D Infringement penalties  

PART 12--GENERAL

Division 1--Directions

  • 141 Chairperson of Energy Safe Victoria may give directions  
  • 141A Additional powers in emergencies  
  • 141AB Information notices  
  • 141AC Chairperson of Energy Safe Victoria may give directions to preserve, retain or store  
  • 141B Delegation by Chairperson of Energy Safe Victoria  
  • 141C Notification to Minister  

Division 2--Reporting of serious electrical incidents

  • 142 Notification of serious electrical incidents  

Division 3--Improvement notices

  • 143 Enforcement officer may issue improvement notice  
  • 144 Offence not to comply with improvement notice  
  • 145 Notices may include directions  

Division 4--Other matters

  • 145A Offences under Part 8  
  • 146 Offences by bodies corporate  
  • 147 Offences by partnerships or unincorporated associations  
  • 148 False or misleading information  
  • 148A Period within which proceedings for offences may be brought  

PART 13--REGULATIONS

  • 149 Supply safety  
  • 149A Reliability and security of electricity supply  
  • 150 Safety management schemes  
  • 151 Electric line clearance  
  • 151A Bushfire mitigation  
  • 152 Installation safety  
  • 153 Electrical equipment  
  • 154 Equipment efficiency regulations  
  • 155 Cathodic protection and stray current corrosion regulations  
  • 156 Electrical contractors and electrical workers  
  • 157 General regulation making powers  
  • 158 Disallowance of regulations  

PART 14--TRANSITIONAL PROVISIONS AND CONSEQUENTIAL AMENDMENTS

  • 160 Transitional provisions—electrical contractors and mechanics  
  • 161 Transitional provision—electrical equipment  
  • 162 Transitional provision—urban area  
  • 162A Making of certain statutory rules  
  • 163 Transitional provisions—abolition of the Electrical Appeals Board  
  • 164 Transitional provisions—Electricity Safety Amendment Act 2007  
  • 165 Savings provision—proclaimed electrical equipment  
  • 166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011  
  • 167 Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018  
  • 168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected  
  • 169 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers  

Navigate