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
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
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