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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 29
As laid on the table and read a first time, 8 June 2006
South Australia
Statutes
Amendment (Electricity and Gas) Bill 2006
A Bill For
An Act to amend the Electricity Act 1996 and
the Gas Act 1997.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Electricity
Act 1996
4 Amendment of section 4—Interpretation
5 Amendment of section 57—Power to
enter for vegetation clearance purposes
6 Amendment of section 58—Regulations
in respect of vegetation clearance
7 Amendment of section 59—Requirements
relating to electrical installation connection and meter installation
8 Insertion of section 60A
60A Responsibility to ensure correct
polarity and phase relationship
9 Amendment of section 61—Electrical
installation work
10 Insertion of section 61A
61A Unsafe
installation of electrical equipment
11 Amendment of section 62—Power to
require rectification etc in relation to infrastructure, installations or
equipment
12 Insertion of sections 62A and 62B
62A Public warning statements
62B Immunity from liability
13 Amendment of section 63—Reporting of
accidents
14 Amendment of section 72—Power to make
infrastructure, installation or equipment safe
15 Amendment of section 80—Power of
exemption
16 Amendment of section 85—Unlawful
taking of electricity, interference with meters or positioning of lines
17 Amendment of section 98—Regulations
Part 3—Amendment of Gas
Act 1997
18 Insertion of sections 57B and 57C
57B Public warning statements about
unsafe gas installations, components, practices etc
57C Immunity from liability
19 Insertion of sections 61AA and 61AB
61AA Public warning statements about unsafe
gas appliances, components, practices etc
61AB Immunity from liability
20 Amendment of section 77—Power of
exemption
Schedule 1—Statute law revision of Electricity Act 1996
Schedule 2—Statute law
revision of Gas Act 1997
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Statutes Amendment (Electricity
and Gas) Act 2006.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Electricity Act 1996
4—Amendment of section 4—Interpretation
(1) Section 4(1)—after the definition of disconnect
insert:
electrical equipment means any electrical appliance or wires,
fittings, equipment or accessories beyond an electrical outlet at which fixed
wiring terminates;
(2) Section 4(1), definition of electrical
installation—after "the place," insert:
including anything declared by regulation to be or
form part of an electrical installation,
(3) Section 4(1), definition of electrical
installation—after paragraph (b) insert:
or
(c) anything declared by regulation not to be or form part of an
electrical installation;
(4) Section 4(1), definition of electricity
infrastructure—after paragraph (e) insert:
or
(f) anything declared by regulation to form part of electricity
infrastructure,
but does not include anything declared by regulation not to
form part of electricity infrastructure;
(5) Section 4(1)—after the definition of generation
insert:
install includes place;
5—Amendment of section 57—Power to enter for vegetation clearance purposes
Section 57(2)—delete "60" and
substitute:
30
6—Amendment of section 58—Regulations in respect of vegetation clearance
Section 58(2)—after paragraph (e) insert:
(f) fix a penalty not exceeding $5 000 for contravention of
a regulation.
(1) Section 59(1)—delete subsection (1) and
substitute:
(1) A person must not personally carry out the
work of connecting electricity supply from a transmission or distribution
network to an electrical installation, or installing or replacing a meter,
unless—
(a) the person is carrying out the work as an employee or contractor
directly or indirectly on behalf of a prescribed person; or
(b) the electricity
entity that operates the network has specifically authorised the person to
carry out the work.
Maximum penalty: $5 000.
Expiation fee: $315.
(1a) A prescribed person must not cause or permit
or authorise a person to personally carry out the work of connecting
electricity supply from a transmission or distribution network to an electrical
installation, or installing or replacing a meter, unless the person personally
carrying out the work has the appropriate knowledge and skills required for
that purpose.
Maximum penalty: $50 000.
(1b) If, when
electricity supply from a transmission or distribution network is connected to
an electrical installation, other than an installation to which electricity
supply from the network has previously been connected—
(a) the installation does not comply with technical and safety
requirements under the regulations; or
(b) there is a failure to comply with technical and safety
requirements under the regulations relating to the making of the connection,
the person personally carrying out the work
of making the connection and, if the person is carrying out the work as an
employee or contractor directly or indirectly on behalf of the electricity
entity that operates the network, the electricity entity are each guilty of an
offence.
Maximum penalty:
(a) in the case of the person personally carrying out the work
of making the connection—$5 000;
(b) in the case of the
electricity entity—$50 000.
Expiation fee: in the case of the person personally carrying out
the work of making the connection—$315.
(1c) Subject
to the regulations, neither the electricity entity that operates the network
nor the person personally carrying out the work of making the connection
commits an offence under subsection (1b)(a) in
relation to an electrical installation if the entity has, before the making of
the connection, been provided with a certificate of compliance issued under
this Part in relation to the installation.
(1d) If, when
electricity supply from a transmission or distribution network is connected to
an electrical installation following the prior disconnection from the network
of electricity supply to the installation for safety reasons—
(a) any work that has been carried out on the installation since
the disconnection has not complied with the regulations; or
(b) in
a case where the disconnection was by, or at the direction of, an authorised
officer or the Technical Regulator—the making of the connection has not been
approved by an authorised officer or the Technical Regulator; or
(c) in a case where the disconnection was by an electricity
officer—there has not been rectification of the fault giving rise to the
disconnection; or
(d) there is a failure to comply with technical and safety
requirements under the regulations relating to the making of the connection,
the person personally carrying out the work
of making the connection and, if the person is carrying out the work as an
employee or contractor directly or indirectly on behalf of a prescribed person,
the prescribed person are each guilty of an offence.
Maximum penalty:
(a) in the case of the person personally carrying out the work
of making the connection—$5 000;
(b) in the case of the
prescribed person—$50 000.
Expiation fee: in the case of the person personally carrying out
the work of making the connection—$315.
(1e) Subject
to the regulations, neither a prescribed person nor the person personally
carrying out the work of making the connection commits an offence under
subsection (1d)(a) in relation to work carried
out on an electrical installation if the prescribed person has, before the
making of the connection, been provided with a certificate of compliance issued
under this Part in relation to the work on the installation.
(1f) Neither
a prescribed person nor the person personally carrying out the work of making
the connection commits an offence under subsection (1d)(b)
unless notice has been given, orally or by fax or email, to the prescribed
person, or an employee or agent of the prescribed person, that electricity
supply to the installation has been disconnected by, or at the direction of, an
authorised officer or the Technical Regulator.
(1g) If, in carrying out the work of installing
or replacing a meter, there is a failure to comply with—
(a) regulations relating to the carrying out of such work or
examinations and tests relating to such work; or
(b) technical and safety requirements under the regulations
relating to the connection of electricity supply from a transmission or
distribution network to an electrical installation,
the person personally carrying out the work
and, if the person is carrying out the work as an employee or contractor directly
or indirectly on behalf of a prescribed person, the prescribed person are each
guilty of an offence.
Maximum penalty:
(a) in the case of the person personally carrying out the work—$5 000;
(b) in the case of the
prescribed person—$50 000.
Expiation fee: in the case of the person personally carrying out
the work—$315.
(2) Section 59(3)—delete subsection (3) and
substitute:
(3) For the purposes of this section,
electricity supply to an electrical installation is disconnected for
safety reasons if the electricity supply is disconnected—
(a) by, or at the direction of, an authorised officer or the
Technical Regulator; or
(b) by an electricity officer because of a contravention of this
Act relating to the electrical installation or its connection, or because the
electrical installation is, in the officer's opinion unsafe; or
(c) to allow work on the electrical installation to be carried
out safely.
(4) For the purposes of this section—
(a) the electricity entity that operates the transmission or
distribution network concerned is a prescribed person; and
(b) a metering provider is a prescribed person in
relation to the work of installing or replacing a meter; and
(c) the work of installing or replacing a meter
includes connecting electricity supply from a transmission or distribution
network to the electrical installation to which the meter is wired following
the installation or replacement of the meter.
(5) In this section—
meter means a meter and associated equipment
for measuring the consumption of electricity supplied to a place from a
transmission or distribution network;
metering provider means a person accredited and registered
as a metering provider under the National Electricity Rules.
After section 60 insert:
60A—Responsibility
to ensure correct polarity and phase relationship
An electricity entity that operates a
transmission or distribution network must ensure that any work carried out on
behalf of the entity that could affect the safety of connected electrical
installations is appropriately tested to ensure the correct polarity and phase
relationship.
Maximum penalty: $50 000.
9—Amendment of section 61—Electrical installation work
(1) Section 61(1)—delete "section"
and substitute:
subsection
(2) Section 61(2)—delete "This
section" and substitute:
Subsection (1)
(3) Section 61—after subsection (2) insert:
(3) A
prosecution for an offence against subsection (1) may be brought at any
time within the period of 2 years after the date on which the offence is
alleged to have been committed.
(4) If a person other than a person to whom subsection (1) applies personally carries out work
of a kind prescribed by the regulations on an electrical installation or
proposed electrical installation, the person must ensure that the work is
carried out as required under the regulations.
Maximum penalty: $5 000.
Expiation fee: $315.
After section 61 insert:
61A—Unsafe
installation of electrical equipment
A person must not install electrical
equipment that the person knows or should be reasonably expected to know is, or
will be, unsafe in use.
Maximum penalty: $5 000.
Expiation fee: $315.
(1) Section 62(1)—delete "or an electrical
installation" and substitute:
, an electrical installation or electrical equipment
(2) Section 62(1)—delete "or
installation" wherever occurring and substitute in each case:
, installation or equipment
(3) Section 62(2)(a)—delete
"electrical" and substitute:
electricity
(4) Section 62(2)(b)—after
"installation" wherever occurring insert:
or equipment
12—Insertion of sections 62A and 62B
After section 62 insert:
62A—Public
warning statements
(1) The Technical Regulator may, if satisfied
that it is in the public interest to do so, make a public statement identifying
and giving warnings or information about any of the following:
(a) electrical equipment that, in the opinion of the Technical
Regulator, is or is likely to become unsafe in use and persons who supply the
equipment;
(b) uses of electrical equipment, or
installation practices, that, in the opinion of the Technical Regulator, pose a
danger to persons or property;
(c) any other dangers to persons or property associated with
electricity or electrical equipment.
(2) A
statement under subsection (1) may identify particular electrical
equipment, services, practices and persons.
62B—Immunity
from liability
(1) Neither
the Technical Regulator nor the Crown incurs any liability for a statement made
by the Technical Regulator in good faith in the exercise or purported exercise
of powers under section 62A.
(2) No liability is incurred by a person for
publishing in good faith—
(a) a statement referred to in subsection (1); or
(b) a fair report or summary of such a statement.
13—Amendment of section 63—Reporting of accidents
Section 63—after "electric
shock" insert:
or electrical burns
14—Amendment of section 72—Power to make infrastructure, installation or equipment safe
(1) Section 72(1)—delete "or an electrical
installation" and substitute:
, an electrical installation or electrical equipment
(2) Section 72(1)(b)—delete
"or installation" and substitute:
, installation or equipment
(3) Section 72(2)(a)—delete
"electrical" and substitute:
electricity
(4) Section 72(2)(b)—after
"installation" wherever occurring insert:
or equipment
15—Amendment of section 80—Power of exemption
(1) Section 80(2)—delete subsection (2) and
substitute:
(1a) Without
limiting subsection (1), the power to exempt includes power to exempt a
person from the application of a provision requiring the Commission to make a
licence held by the person subject to a specified condition.
(2) A
person exempted from a requirement to hold a licence under Part 3 is, if
the Commission has so determined by writing, to be treated as an electricity
entity for the purposes of specified provisions of this or another Act.
(2) Section 80(3)—after "exemption under
subsection (1)" insert:
, or a determination under subsection (2),
Section 85(2)(b)—after
"property" insert:
, or with the approval of the Technical Regulator
17—Amendment of section 98—Regulations
Section 98(3)—after paragraph (c) insert:
(d) impose a requirement for compliance with procedures or
requirements specified, whether in a particular case or generally, for safety
or technical purposes by an electricity entity that operates a transmission or
distribution network.
Part 3—Amendment of Gas Act 1997
18—Insertion of sections 57B and 57C
After section 57A insert:
57B—Public
warning statements about unsafe gas installations, components, practices etc
(1) The Technical Regulator may, if satisfied
that it is in the public interest to do so, make a public statement identifying
and giving warnings or information about any of the following:
(a) components
for gas installations that, in the opinion of the Technical Regulator, are or
are likely to become unsafe in use and persons who supply the components;
(b) uses of gas installations or components for gas
installations, or installation practices, that, in the opinion of the Technical
Regulator, pose a danger to persons or property;
(c) any other dangers to persons or property associated with gas
installations or components for gas installations.
(2) A
statement under subsection (1) may identify particular gas installations,
components, services, practices and persons.
57C—Immunity
from liability
(1) Neither
the Technical Regulator nor the Crown incurs any liability for a statement made
by the Technical Regulator in good faith in the exercise or purported exercise
of powers under section 57B.
(2) No liability is incurred by a person for
publishing in good faith—
(a) a statement referred to in subsection (1); or
(b) a fair report or summary of such a statement.
19—Insertion of sections 61AA and 61AB
After section 61 insert:
61AA—Public
warning statements about unsafe gas appliances, components, practices etc
(1) The Technical Regulator may, if satisfied
that it is in the public interest to do so, make a public statement identifying
and giving warnings or information about any of the following:
(a) gas appliances or components for gas appliances that, in the
opinion of the Technical Regulator, are or are likely to become unsafe in use
and persons who supply the appliances or components;
(b) uses of gas appliances or components for gas appliances, or
installation practices, that, in the opinion of the Technical Regulator, pose a
danger to persons or property;
(c) any other dangers to persons or property associated with gas
appliances or components for gas appliances.
(2) A
statement under subsection (1) may identify particular gas appliances,
components, services, practices and persons.
61AB—Immunity
from liability
(1) Neither
the Technical Regulator nor the Crown incurs any liability for a statement made
by the Technical Regulator in good faith in the exercise or purported exercise
of powers under section 61AA.
(2) No liability is incurred by a person for
publishing in good faith—
(a) a statement referred to in subsection (1); or
(b) a fair report or summary of such a statement.
20—Amendment of section 77—Power of exemption
(1) Section 77(2)—delete subsection (2) and
substitute:
(1a) Without
limiting subsection (1), the power to exempt includes power to exempt a
person from the application of a provision requiring the Commission to make a
licence held by the person subject to a specified condition.
(2) A
person exempted from a requirement to hold a licence under Part 3 is, if
the Commission has so determined by writing, to be treated as a gas entity for
the purposes of specified provisions of this or another Act.
(2) Section 77(3)—after "exemption under
subsection (1)" insert:
, or a determination under subsection (2),
Schedule 1—Statute law revision of Electricity
Act 1996
Provision amended |
How amended |
Section 4(1) definition of council |
Delete "Local Government Act 1934" and
substitute: |
Section 4(1) definition of National Electricity Code |
Delete the definition and substitute: National Electricity Rules means the National Electricity Rules as
defined in the National Electricity (South Australia) Law; |
Section 6A |
Delete "National Electricity Code" wherever occurring
and substitute in each case: National Electricity Rules |
Section 6A |
Delete "the Code" and substitute: the Rules |
Section 6E(1)(g) |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Section 6N(1) |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Section 17(5) |
Delete "registered as a Code participant in accordance with
the National Electricity Code" and substitute: a Registered participant, as defined in the National
Electricity (South Australia) Law |
Section 17(5) |
Delete "the Code" and substitute: the National Electricity Rules |
Section 24(2)(a) |
Delete "Corporations Law" and substitute: Corporations Act 2001 of the Commonwealth |
Section 24B |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Section 31(6) |
Delete "National Electricity Market (ie
the market regulated by the National Electricity Law)" and
substitute: national electricity market, as defined in the National
Electricity (South Australia) Law, |
Section 31(6) |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Section 35A(1)(c) |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Section 36(3)(d) |
Delete "section 78(1)" and substitute: section 120(1) |
Section 39(2a) |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Section 54 |
Delete "Emergency Powers Act 1941," |
Section 97(2) |
Delete "section 109X of the Corporations Law"
and substitute: the Corporations Act 2001 of the Commonwealth |
Section 98(2c) |
Delete "National Electricity Code" and substitute: National Electricity Rules |
Schedule 2—Statute law revision of Gas Act 1997
Provision amended |
How amended |
Section 54 |
Delete "Emergency Powers Act 1941," |