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This is a Bill, not an Act. For current law, see the Acts databases.

ELECTRICITY SAFETY LEGISLATION AMENDMENT BILL 2022

2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Sustainable Building and Construction)

Electricity Safety Legislation Amendment Bill 2022



Contents

Page





2022

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for Sustainable Building and Construction)

Electricity Safety Legislation Amendment Bill 2022

A Bill for

An Act to amend legislation about electricity safety, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Electricity Safety Legislation Amendment Act 2022

.

2 Commencement

This Act commences on the day after its notification day.

Note The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

3 Legislation amended

This Act amends the Construction Occupations (Licensing) Act 2004

and the Electricity Safety Act 1971

.

Note The Electricity Safety Act 1971

is also amended in sch 1.

Part 2 Construction Occupations (Licensing) Act 2004

4 Certain entities not to provide construction services

Section 84 (3), new note

insert

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (3A) (see Criminal Code

, s 58).

5 New section 84 (3A)

insert

(3A) Also, this section does not apply to an entity if—

(a) the entity provides an electrical wiring service; and

(b) the entity—

(i) is an exempt regulated utility; or

(ii) provides the service for an exempt regulated utility.

6 New section 84 (4), new note

insert

Note The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 59).

7 New section 84 (6)

insert

(6) In this section:

exempt regulated utility means a regulated utility exempted from the Electricity Safety Act 1971

by an exemption under that Act

, section 62B.

regulated utility—see the Utilities (Technical Regulation) Act 2014

, section 8.

8 Allowing unlicensed people to provide construction service

Section 85 (3), new note

insert

Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (3A) (see Criminal Code

, s 58).

9 New section 85 (3A)

insert

(3A) Also, this section does not apply to a regulated utility if—

(a) the regulated utility engages someone else, or allows an employee of the regulated utility, to provide an electrical wiring service for the regulated utility; and

(b) the regulated utility is an exempt regulated utility.

10 Section 85 (4), new note

insert

Note The defendant has a legal burden in relation to the matters mentioned in s (4) (see Criminal Code

, s 59).

11 New section 85 (5)

insert

(5) In this section:

exempt regulated utility—see section 84 (6).

regulated utility—see section 84 (6).

Part 3 Electricity Safety Act 1971

12 New section 62B

in part 9, insert

62B Minister may exempt regulated utility

(1) The Minister may exempt a regulated utility from this Act if the Minister is reasonably satisfied that—

(a) the regulated utility is adequately regulated under another territory or Commonwealth law; and

(b) the exemption does not increase the risk to public safety.

Note Power to make an exemption includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies by reference to stated exceptions or factors (see Legislation Act

, s 48).

(2) An exemption is a disallowable instrument.

(3) In this section:

regulated utility—see the Utilities (Technical Regulation) Act 2014

, section 8.

Schedule 1 Electricity Safety Act 1971—Technical amendments

(see s 3)

[1.1] Section 9, definition of declaration of compliance, paragraph (b)

substitute

(b) standards stated in a corresponding law.

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.2] Section 11A (6) (a) (ii) and (iii)

omit

of a State or another Territory

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.3] Section 20 (3) (a)

omit

of a State or another Territory

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.4] Section 22 (2)

omit

the corresponding law of a State or another Territory

substitute

a corresponding law

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.5] Section 23

omit

the corresponding law of a State or another Territory

substitute

a corresponding law

Explanatory note

This amendment omits words that are not necessary because of the definition of corresponding law and the effect of section 10 (1).

[1.6] Section 58 (3), note 1

substitute

Note 1 A reference to an offence against a territory law includes a reference to a related ancillary offence, eg attempt (see Legislation Act

, s 189).

Explanatory note

This amendment updates the note in line with current legislative drafting practice.

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 11 October 2022.

2 Notification

Notified under the Legislation Act

on 2022.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.











































© Australian Capital Territory 2022

 

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