Electricity Safety Act 1998 (No. 25)

78 Protection of underground electric lines 64 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance 65 Division 1—General 65

81 — Declared area in urban area 65

81 Declared area in urban area 65

83 — Point of supply 66

83 Point of supply 66 Division 1A—Bushfire mitigation requirements for certain operators of at-risk electric lines 68 Subdivision 1—Interpretation 68

83A — Definitions 68

83A Definitions 68 Subdivision 2—General duties in relation to bushfire mitigation plans 69

83B — General duty of specified operators to minimise bushfire

83B General duty of specified operators to minimise bushfire danger 69

83BA — Submission of bushfire mitigation plans for acceptance 69

83BA Submission of bushfire mitigation plans for acceptance 69

83BB — Compliance with bushfire mitigation plan 70

83BB Compliance with bushfire mitigation plan 70 Subdivision 3—Acceptance and validation of bushfire mitigation plans 72

83BC — Validation of bushfire mitigation plans 72

83BC Validation of bushfire mitigation plans 72

83BD — Additional information 72

83BD Additional information 72

83BE — Acceptance of bushfire mitigation plan 73

83BE Acceptance of bushfire mitigation plan 73

83BF — Provisional acceptance of bushfire mitigation plan 73

83BF Provisional acceptance of bushfire mitigation plan 73

83BG — Non-acceptance of bushfire mitigation plan 74

83BG Non-acceptance of bushfire mitigation plan 74

83BH — Energy Safe Victoria may determine bushfire mitigation

83BH Energy Safe Victoria may determine bushfire mitigation plan 74

83BI — Duration of accepted bushfire mitigation plan 75

83BI Duration of accepted bushfire mitigation plan 75

83BJ — Compliance audits for accepted bushfire mitigation

83BJ Compliance audits for accepted bushfire mitigation plans—independent audits 75

83BK — Compliance audits—Energy Safe Victoria 76

83BK Compliance audits—Energy Safe Victoria 76 Division 2—Responsibility for maintenance of lines 76 Subdivision 1—Persons responsible for maintaining lines 76

84 — Requirement to keep trees clear of electric lines

84 Requirement to keep trees clear of electric lines— distribution companies 76

84A — Requirement to maintain line—occupiers of land with

84A Requirement to maintain line—occupiers of land with private or low voltage electric lines 77 Authorised by the Chief Parliamentary Counsel iii Section Page

84B — Requirement to keep trees clear of private electric lines

84B Requirement to keep trees clear of private electric lines— occupiers of contiguous land 77

84C — Requirement to keep trees clear of electric lines—Councils 78

84C Requirement to keep trees clear of electric lines—Councils 78

84D — Requirement to keep trees clear of electric lines—other

84D Requirement to keep trees clear of electric lines—other persons 78 Subdivision 2—Other matters 78

85 — Exercise of powers with respect to lines 78

85 Exercise of powers with respect to lines 78

86 — Failure to maintain lines 79

86 Failure to maintain lines 79

86A — Energy Safe Victoria may give directions for restriction or

86A Energy Safe Victoria may give directions for restriction or prevention of tree growth 84 Division 2A—Electric lines and municipal fire prevention plans 85

86B — Municipal fire prevention plans must specify procedures

86B Municipal fire prevention plans must specify procedures for the identification of trees that are hazardous to electric lines 85 Division 3—Electric Line Clearance Consultative Committee 86

87 — Constitution of Committee 86

87 Constitution of Committee 86

88 — Functions of the Committee 88

88 Functions of the Committee 88

88A — Committee to consider reliability and security of electricity

88A Committee to consider reliability and security of electricity supply 88

90 — Offences against Code 89

90 Offences against Code 89 Division 4—Compliance audits in relation to compliance with the Code 90

90A — Compliance audits in relation to compliance with Code

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

90B — Compliance audits in relation to compliance with Code

90B Compliance audits in relation to compliance with Code— independent audits 90 Division 5—Compliance audits in relation to compliance with the management plan 91

90D — Compliance audits for management plans—Energy Safe

90D Compliance audits for management plans—Energy Safe Victoria 91

90E — Compliance audits for management plans—independent

90E Compliance audits for management plans—independent audits 92 Part 9—Cathodic protection and mitigation of stray current corrosion 93

91 — Victorian Electrolysis Committee 93

91 Victorian Electrolysis Committee 93

92 — Functions of the Committee 95

92 Functions of the Committee 95

93 — Operation of cathodic protection systems 95

93 Operation of cathodic protection systems 95

93A — Evidentiary provision—operation of cathodic protection

93A Evidentiary provision—operation of cathodic protection systems 96 Authorised by the Chief Parliamentary Counsel iv Section Page

94 — Railway operator—duty in relation to stray electrical

94 Railway operator—duty in relation to stray electrical current leakage 97

96 — Directions of Energy Safe Victoria 98

96 Directions of Energy Safe Victoria 98

97 — Costs in relation to mitigation systems 98

97 Costs in relation to mitigation systems 98 Part 10—Electricity safety management 100 Division 1—General duty of major electricity companies 100

98 — General duty of major electricity companies 100

98 General duty of major electricity companies 100 Division 2—Mandatory electricity safety management schemes (major electricity companies) 101

99 — Electricity safety management scheme 101

99 Electricity safety management scheme 101

100 — Validation of electricity safety management scheme for a

100 Validation of electricity safety management scheme for a supply network 102

101 — Additional information 103

101 Additional information 103

102 — Acceptance of electricity safety management scheme 104

102 Acceptance of electricity safety management scheme 104

103 — Provisional acceptance of electricity safety management

103 Provisional acceptance of electricity safety management scheme 104

104 — Non-acceptance of electricity safety management scheme 105

104 Non-acceptance of electricity safety management scheme 105

105 — Energy Safe Victoria may determine electricity safety

105 Energy Safe Victoria may determine electricity safety management scheme 105

106 — Compliance with electricity safety management scheme 107

106 Compliance with electricity safety management scheme 107

107 — Revision of electricity safety management scheme

107 Revision of electricity safety management scheme— change 108

108 — Revision of electricity safety management scheme—each

108 Revision of electricity safety management scheme—each 5 years 109

109 — Energy Safe Victoria may request submission of a revised

109 Energy Safe Victoria may request submission of a revised electricity safety management scheme 109

110 — Offence to fail to submit revised electricity safety

110 Offence to fail to submit revised electricity safety management scheme on request 110

111 — Application of provisions to revised electricity safety

111 Application of provisions to revised electricity safety management scheme 111

112 — Revisions that do not relate to bushfire mitigation 111

112 Revisions that do not relate to bushfire mitigation 111

113 — Compliance with electricity safety management scheme is

113 Compliance with electricity safety management scheme is a defence 112 Division 2A—Ongoing bushfire mitigation plan requirements for major electricity companies 112

113A — Submission of bushfire mitigation plans for acceptance 112

113A Submission of bushfire mitigation plans for acceptance 112

113B — Compliance with bushfire mitigation plan 114

113B Compliance with bushfire mitigation plan 114

113C — Validation, acceptance, provisional acceptance and

113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 115

113D — Accepted bushfire mitigation plan forms part of accepted

113D Accepted bushfire mitigation plan forms part of accepted ESMS 116

113E — Revisions that only relate to bushfire mitigation 117

113E Revisions that only relate to bushfire mitigation 117 Authorised by the Chief Parliamentary Counsel v Section Page

113F — Inspection of overhead private electric lines 117

113F Inspection of overhead private electric lines 117 Division 3—Voluntary electricity safety management schemes 118

114 — Electricity safety management scheme for employers of

114 Electricity safety management scheme for employers of electrical workers 118

115 — Electricity safety management scheme for specified

115 Electricity safety management scheme for specified premises 119

116 — Electricity safety management scheme for owner of

116 Electricity safety management scheme for owner of complex electrical installation 120

117 — Exemption from certain provisions of Act or regulations 121

117 Exemption from certain provisions of Act or regulations 121

118 — Compliance with electricity safety management scheme 122

118 Compliance with electricity safety management scheme 122

119 — Revision of voluntary electricity safety management

119 Revision of voluntary electricity safety management scheme—each 5 years 123

120 — Revision of voluntary electricity safety management

120 Revision of voluntary electricity safety management scheme—change 124

120A — Energy Safe Victoria may request submission of revised

120A Energy Safe Victoria may request submission of revised electricity safety management scheme 124

120B — Compliance with request 125

120B Compliance with request 125

120C — Lapsing of electricity safety management scheme 125

120C Lapsing of electricity safety management scheme 125

120D — Duty of employer of electrical workers 126

120D Duty of employer of electrical workers 126

120E — Duty of occupier of specified premises 127

120E Duty of occupier of specified premises 127

120F — Duty of owner of complex electrical installation 127

120F Duty of owner of complex electrical installation 127

120G — Compliance with electricity safety management scheme is

120G Compliance with electricity safety management scheme is a defence 128 Division 4—Other matters 128

120H — Compliance audits—independent audits 128

120H Compliance audits—independent audits 128

120I — Compliance audits—Energy Safe Victoria 129

120I Compliance audits—Energy Safe Victoria 129

120J — Annual fees 129

120J Annual fees 129 Part 10A—Additional bushfire mitigation requirements for major electricity companies 130 Division 1—Preliminary 130

120L — Meaning of complying substation 131

120L Meaning of complying substation 131 Division 2—Additional bushfire mitigation duties 132

120M — Polyphase electric lines with required capacity 132

120M Polyphase electric lines with required capacity 132

120N — Covering or placing underground electric lines 134

120N Covering or placing underground electric lines 134

120O — Installation of Automatic Circuit Recloser for SWER lines 135

120O Installation of Automatic Circuit Recloser for SWER lines 135

120P — Annual compliance reports 135

120P Annual compliance reports 135

120Q — Independent audits 137

120Q Independent audits 137 Division 3—Enforcement of additional bushfire mitigation duties 138

120S — Criminal proceedings do not lie 139

120S Criminal proceedings do not lie 139 Authorised by the Chief Parliamentary Counsel vi Section Page

120T — Proceedings for contravention of civil penalty provisions 139

120T Proceedings for contravention of civil penalty provisions 139

120U — Pecuniary penalties to be paid into the Consolidated Fund 141

120U Pecuniary penalties to be paid into the Consolidated Fund 141

120V — Declaratory relief 141

120V Declaratory relief 141 Division 4—Miscellaneous 142

120X — Specification of later dates and periods for compliance

120X Specification of later dates and periods for compliance with civil penalty provisions 142

120Y — Information notices 143

120Y Information notices 143

120Z — Audit by Energy Safe Victoria 144

120Z Audit by Energy Safe Victoria 144 Part 11—Enforcement officers and powers 145 Division 1—Appointment of enforcement officers 145

121 — Enforcement officers 145

121 Enforcement officers 145 Division 2—Powers of entry—general 146

122 — Powers of entry—compliance 146

122 Powers of entry—compliance 146

123 — Occupier to be given copy of consent 148

123 Occupier to be given copy of consent 148

126 — Return of things seized 150

126 Return of things seized 150

127 — Magistrates' Court may extend period 150

127 Magistrates' Court may extend period 150

128 — Entry to be reported to Energy Safe Victoria 151

128 Entry to be reported to Energy Safe Victoria 151 Division 3—Powers of entry—enforcement 152

129 — Powers of entry—enforcement 152

129 Powers of entry—enforcement 152

130 — Occupier to be given copy of acknowledgement 153

130 Occupier to be given copy of acknowledgement 153

132 — Announcement before entry 155

132 Announcement before entry 155

133 — Copy of warrant to be given to occupier 156

133 Copy of warrant to be given to occupier 156 Division 4—General 156

134 — Power of enforcement officer to require information or

134 Power of enforcement officer to require information or documents 156

135 — Offence to give false information to enforcement officer 157

135 Offence to give false information to enforcement officer 157

136 — Copying of documents 157

136 Copying of documents 157

137 — Protection against self-incrimination 157

137 Protection against self-incrimination 157

138 — Offence to obstruct enforcement officer 158

138 Offence to obstruct enforcement officer 158

139 — Police to assist enforcement officers 158

139 Police to assist enforcement officers 158

140 — Impersonation of enforcement officer 158

140 Impersonation of enforcement officer 158 Part 11A—Infringement notices 159

140B — Power to serve a notice 159

140B Power to serve a notice 159

140D — Infringement penalties 160

140D Infringement penalties 160 Authorised by the Chief Parliamentary Counsel vii Section Page Part 12—General 161 Division 1—Directions 161

141 — Director may give directions 161

141 Director may give directions 161

141A — Additional powers in emergencies 163

141A Additional powers in emergencies 163

141AB — Information notices 163

141AB Information notices 163

141AC — Director may give directions to preserve, retain or store 164

141AC Director may give directions to preserve, retain or store 164

141B — Delegation by Director 165

141B Delegation by Director 165 Division 2—Reporting of serious electrical incidents 166

142 — Notification of serious electrical incidents 166

142 Notification of serious electrical incidents 166 Division 3—Improvement notices 166

143 — Enforcement officer may issue improvement notice 166

143 Enforcement officer may issue improvement notice 166

144 — Offence not to comply with improvement notice 168

144 Offence not to comply with improvement notice 168

145 — Notices may include directions 168

145 Notices may include directions 168 Division 4—Other matters 168

145A — Offences under Part 8 168

145A Offences under Part 8 168

146 — Offences by bodies corporate 168

146 Offences by bodies corporate 168

147 — Offences by partnerships or unincorporated associations 169

147 Offences by partnerships or unincorporated associations 169

148 — False or misleading information 170

148 False or misleading information 170

148A — Period within which proceedings for offences may be

148A Period within which proceedings for offences may be brought 170 Part 13—Regulations 171

149A — Reliability and security of electricity supply 171

149A Reliability and security of electricity supply 171

150 — Safety management schemes 171

150 Safety management schemes 171

151 — Electric line clearance 172

151 Electric line clearance 172

151A — Bushfire mitigation 174

151A Bushfire mitigation 174

154 — Equipment efficiency regulations 177

154 Equipment efficiency regulations 177

155 — Cathodic protection and stray current corrosion regulations 179

155 Cathodic protection and stray current corrosion regulations 179

156 — Electrical contractors and electrical workers 180

156 Electrical contractors and electrical workers 180

157 — General regulation making powers 182

157 General regulation making powers 182

158 — Disallowance of regulations 184

158 Disallowance of regulations 184 Part 14—Transitional provisions and consequential amendments 185 160 Transitional provisions—electrical contractors and mechanics 185

161 — Transitional provision—electrical equipment 185

161 Transitional provision—electrical equipment 185

162 — Transitional provision—urban area 186

162 Transitional provision—urban area 186

162A — Making of certain statutory rules 186

162A Making of certain statutory rules 186

163 — Transitional provisions—abolition of the Electrical

163 Transitional provisions—abolition of the Electrical Appeals Board 187 Authorised by the Chief Parliamentary Counsel viii Section Page

164 — Transitional provisions—Electricity Safety Amendment

164 Transitional provisions—Electricity Safety Amendment Act 2007 187

165 — Savings provision—proclaimed electrical equipment 188

165 Savings provision—proclaimed electrical equipment 188

166 — Transitional provision—Energy Legislation Amendment

166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 188 Schedule 1—Transitional provisions 190 ═══════════════ Endnotes 194

3 — Amendments Not in Operation 201

3 Amendments Not in Operation 201

4 Explanatory details 202 Authorised by the Chief Parliamentary Counsel ix Section Page Authorised by the Chief Parliamentary Counsel x Authorised Version No. 073 Electricity Safety Act 1998 No. 25 of 1998 Authorised Version incorporating amendments as at

1 — January 2018

1 January 2018 The Parliament of Victoria enacts as follows: Part 1—Preliminary

1 — Purpose S. 1

1 Purpose S. 1 substituted by The purpose of this Act is to make further No. 55/2010 provision relating to— s. 12. (a) the safety of electricity supply and use; and (b) the reliability and security of electricity supply; and (c) the efficiency of electrical equipment.

2 — Commencement

2 Commencement (1) Part 1 comes into operation on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999 it comes into operation on that day. Authorised by the Chief Parliamentary Counsel 1 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary

3 — Definitions

3 Definitions In this Act— S. 3 def. of accepted bushfire mitigation plan means— accepted bushfire mitigation (a) a bushfire mitigation plan accepted by plan Energy Safe Victoria under inserted by No. 55/2010 Subdivision 3 of Division 1A of Part 8 s. 13(3). and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Subdivision; or (b) a bushfire mitigation plan accepted by Energy Safe Victoria under Division 2A of Part 10 (and taken to form part of an accepted ESMS by operation of section 113D) and includes a bushfire mitigation plan provisionally accepted by Energy Safe Victoria under that Division; S. 3 def. of * * * * * accepted electricity safety management scheme amended by No. 89/1998 s. 6(b), repealed by No. 61/2007 s. 4(3). S. 3 def. of * * * * * accepted electricity safety manager inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3). Authorised by the Chief Parliamentary Counsel 2 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary accepted ESMS means— S. 3 def. of accepted (a) an electricity safety management ESMS scheme that has been accepted or inserted by No. 61/2007 provisionally accepted under Division 2 s. 4(1) (as or 3 of Part 10; or amended by No. 57/2009 s. 13(1)). (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— S. 3 def. of accepted ESMS (a) a major electricity company whose operator electricity safety management scheme inserted by No. 61/2007 has been accepted or provisionally s. 4(1) (as accepted by Energy Safe Victoria under amended by No. 57/2009 Division 2 of Part 10; or s. 13(1)). (b) a voluntary ESMS operator; bushfire mitigation plan means a plan referred to S. 3 def. of bushfire in section 83BA(1) or 113A(1); mitigation plan inserted by No. 55/2010 s. 13(3). business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993; cathodic protection system means a prescribed system designed to use direct electric current to protect metallic structures from corrosion; Authorised by the Chief Parliamentary Counsel 3 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary S. 3 def. of certificate of compliance means a certificate of certificate of compliance completed under section 44 for compliance inserted by electrical installation work carried out by a No. 61/2007 licensed electrical installation worker; s. 13(1). S. 3 def. of certificate of inspection means a certificate of certificate of inspection inspection of electrical installation work inserted by carried out by a licensed electrical inspector No. 61/2007 s. 13(1). under section 45; Code means the Code of Practice for Electric Line Clearance prescribed for the purpose of Part 8; S. 3 new Committee means— def. of Committee inserted by * * * * * No. 55/2010 s. 37(1)(b), (b) in Part 8, the Electric Line Clearance amended by Consultative Committee; No. 46/2014 s. 8. (c) in Part 9, the Victorian Electrolysis Committee; company assets means property of an electricity supplier, being the whole or part of any pole, cable, conduit, conductor, device, appliance or other thing used for or in connection with a private electric line; S. 3 def. of complex electrical installation means an electrical complex electrical installation that— installation inserted by (a) has an installed generation No. 57/2009 s. 4(a). capacity of equal to or greater than 1000 kVA; or (b) is an electric line that is on land that is not owned or leased by the owner or operator of the electric line; Authorised by the Chief Parliamentary Counsel 4 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary * * * * * S. 3 def. of Committee repealed by No. 55/2010 s. 37(1)(a). connect, in relation to an electrical installation or electrical equipment, includes make capable of receiving an electric current; Council has the same meaning as in the Local S. 3 def. of Council Government Act 1989; inserted by No. 2/2014 s. 4(a). decision for the purposes of Part 6 includes S. 3 def. of decision prohibition, requirement or direction; inserted by No. 24/2002 s. 3. Director means the Director of Energy Safety S. 3 def. of Director appointed under the Energy Safe Victoria inserted by Act 2005; No. 39/2005 s. 44(1). distribution area means an area in which a S. 3 def. of distribution distribution company under a distribution area licence under the Electricity Industry amended by Nos 69/2000 Act 2000 is authorised to distribute s. 21(a), electricity; 55/2010 s. 13(1). distribution company has the same meaning as in S. 3 def. of distribution the Electricity Industry Act 2000; company amended by No. 69/2000 s. 21(b). electric line means— (a) the whole or any part of a wire, cable or other thing used or to be used for the purpose of transmitting, distributing or supplying electricity; or Authorised by the Chief Parliamentary Counsel 5 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary (b) any thing enclosing or supporting such a wire, cable or other thing— but does not include a wire, cable or other thing directly used in converting electrical energy into another form of energy; electrical connection work means connecting or disconnecting electrical equipment to or from a supply of electricity; electrical contracting means contracting or undertaking to carry out electrical installation work; electrical contractor means a person who carries out electrical contracting; electrical equipment means any appliance, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to generate, use, convey or control) electricity; electrical equipment work means repair, alteration or maintenance of electrical equipment; electrical inspection work means testing, inspection or certification of electrical equipment; S. 3 def. of electrical installation means electrical equipment electrical installation that is fixed or to be fixed in, on, under or amended by over any land but does not include a supply No. 57/2009 s. 4(b). network that is owned or operated by a major electricity company; Authorised by the Chief Parliamentary Counsel 6 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary electrical installation work means installation, alteration, repair or maintenance of an electrical installation; electrical installation worker means a person who carries out electrical installation work; electrical work means electrical connection work, electrical equipment work, electrical inspection work or electrical installation work; electrical worker means a person who carries out electrical work; electricity supplier means a person who supplies electricity to another person; energy efficiency electrical equipment means S. 3 def. of energy electrical equipment that is prescribed as efficiency energy efficiency electrical equipment for electrical equipment the purposes of Part 5; inserted by No. 57/2009 s. 4(a). Energy Safe Victoria means Energy Safe Victoria S. 3 def. of Energy Safe established under the Energy Safe Victoria Victoria Act 2005; inserted by No. 39/2005 s. 44(1). enforcement officer means a person appointed as an enforcement officer under Part 11; fire control authority, in relation to an area of land, means— (a) the Metropolitan Fire and Emergency Services Board, if the area is within the metropolitan fire district within the meaning of the Metropolitan Fire Brigades Act 1958; or Authorised by the Chief Parliamentary Counsel 7 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary (b) the Secretary to the Department of Natural Resources and Environment, if the area is within a fire protected area within the meaning of the Forests Act 1958; or (c) the Country Fire Authority, if the area is within the country area of Victoria within the meaning of the Country Fire Authority Act 1958; S. 3 def. of hazardous bushfire risk area means an area— hazardous bushfire risk area (a) to which a fire authority has assigned a inserted by fire hazard rating of "high" under No. 55/2010 s. 13(3). section 80, whether or not the area is an urban area; or (b) that is not an urban area (other than an area a fire control authority has assigned a fire hazard rating of "low" under section 80); high voltage electric line means an electric line other than a low voltage electric line; install includes lay and place; low voltage electric line means an electric line which is ordinarily operated at a voltage not exceeding the voltage prescribed for the purposes of this definition; maintenance, in Part 8, in relation to an electric line or a private electric line, includes the keeping of the whole or any part of a tree clear of the line; S. 3 def. of major electricity company means— major electricity company (a) a distribution company; or inserted by No. 57/2009 s. 4(a). Authorised by the Chief Parliamentary Counsel 8 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary (b) a transmission company— but does not include a distribution company or a transmission company, or a class of distribution company or transmission company, declared under section 3A not to be a major electricity company; member, in Part 8, means a member of the Electric Line Clearance Consultative Committee and includes a chairperson, acting chairperson and acting member; mitigation system means a prescribed system designed to reduce the effects on metallic structures of the leakage of stray electrical currents; * * * * * S. 3 def. of network operator amended by No. 61/2007 s. 12(1), repealed by No. 57/2009 s. 4(e). occupier, in Part 8 or 11, in relation to land, means a person who is in actual occupation of the land or, if no-one is in actual occupation of the land, the owner of the land; * * * * * S. 3 def. of Office repealed by No. 39/2005 s. 44(2). officer, in relation to a corporation, has the same S. 3 def. of officer meaning as in section 9 of the Corporations amended by Act; No. 44/2001 s. 3(Sch. item 36). person, in Part 8, includes an unincorporated body or association and a partnership; Authorised by the Chief Parliamentary Counsel 9 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary point of supply— (a) in relation to a low voltage electric line, means— (i) in the case of an underground line (unless subparagraph (iii) applies), the point at which that line crosses the boundary of the land; and (ii) in the case of an overhead line (unless subparagraph (iii) applies), the first point of connection of that line on the land, being either— (A) if the line is carried onto the land by one or more poles, the first pole on the land carrying that line; (B) if the line is connected directly to premises on the land, that connection to the premises; or (C) if it is not possible to determine a point of supply in accordance with sub- subparagraph (A) or (B), the point at which the line crosses the boundary of the land; and (iii) in the case of a line connected to company assets, the point at which the line is connected to the company assets; and (b) in relation to a high voltage electric line, means the point agreed between the relevant distribution company or the relevant transmission company and the customer supplied by that electric line; Authorised by the Chief Parliamentary Counsel 10 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary practicable, in section 83B or Part 10, means S. 3 def. of practicable having regard to— practicable inserted by (a) the severity of the hazard or risk in No. 33/2005 s. 3(1), question; and amended by Nos 57/2009 (b) the state of knowledge about the hazard s. 4(c), 55/2010 or risk and any ways of removing or s. 13(2). mitigating the hazard or risk; and (c) the availability and suitability of ways to remove or mitigate the hazard or risk; and (d) the cost of removing or mitigating the hazard or risk; private electric line means any low voltage electric line used to take electricity from the point of supply, whether or not that line is vested in an electricity supplier; public land, in Division 4 of Part 3 and Part 8, S. 3 def. of public land means— amended by No. 2/2014 (a) Crown land; or s. 4(b). (b) land vested in a Minister of the Crown; or (c) land vested in a public statutory authority or Council; or (d) land (whether privately or publicly owned) used for public purposes; railway means railway within the meaning of the S. 3 def. of railway or Rail Safety (Local Operations) Act 2006 or tramway the Rail Safety National Law (Victoria); system substituted as railway by No. 61/2007 s. 12(2), substituted by No. 22/2013 s. 56. Authorised by the Chief Parliamentary Counsel 11 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary S. 3 def. of rectification notice means a notice given under rectification section 45AB; notice inserted by No. 61/2007 s. 13(1). S. 3 def. of * * * * * relevant function inserted by No. 89/1998 s. 6(a), repealed by No. 61/2007 s. 4(3). S. 3 def. of responsible person, in Part 8, means a person responsible person responsible under Subdivision 1 of amended by Division 2 of Part 8 for the maintenance of a No. 2/2014 s. 4(c). private electric line or for the keeping of the whole or any part of a tree clear of an electric line; rural area, in Part 8, means an area that is not an urban area; serious electrical incident means an incident involving electricity which causes or has the potential to cause— (a) the death of or injury to a person; or (b) significant damage to property; or (c) a serious risk to public safety; S. 3 def. of specified bushfire risk period means the period specified bushfire risk commencing 1 November and ending period 31 March the following year; inserted by No. 55/2010 s. 13(3). supply includes supply (including re-supply) by way of sale, exchange, lease, hire or hire- purchase; Authorised by the Chief Parliamentary Counsel 12 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary supply network means a network consisting of S. 3 def. of electric lines, substations, circuits and any supply network other thing required for the purposes of the amended by transmission, distribution or supply of No. 57/2009 s. 4(d). electricity; transmission company has the same meaning as S. 3 def. of transmission in the Electricity Industry Act 2000; company inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). tree includes vegetation; S. 3 def. of tree inserted by No. 38/2000 s. 15. Tribunal means the Victorian Civil and S. 3 def. of Tribunal Administrative Tribunal established by the inserted by Victorian Civil and Administrative No. 24/2002 s. 3. Tribunal Act 1998; * * * * * S. 3 def. of upstream network repealed by No. 57/2009 s. 4(f). urban area, in Part 8, means an area of land that S. 3 def. of urban area is predominantly— amended by Nos 40/2003 (a) subdivided into allotments or lots each s. 26, 2/2014 s. 4(d). of which, in the case of land used or to be used for residential purposes, is not greater than 0·1 hectares; and (b) able to be used or developed under a planning scheme for residential, industrial or commercial purposes; and (c) provided with constructed streets and services; and Authorised by the Chief Parliamentary Counsel 13 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary (d) provided with street lighting installed at not less than 3 lanterns in every 500 metres— and includes any other area for the time being specified in a notice under section 79 but does not include an area to which a fire control authority has for the time being assigned a fire hazard rating of "high" under section 80. S. 3 def. of voluntary ESMS operator means a person whose voluntary ESMS electricity safety management scheme has operator been accepted or provisionally accepted by inserted by No. 61/2007 Energy Safe Victoria under Division 3 of s. 4(1) (as Part 10. amended by No. 57/2009 s. 13(1)), amended by No. 55/2010 s. 37(1)(c). S. 3A 3A Declaration of certain distribution companies or inserted by No. 61/2007 transmission companies not to be major electricity s. 5 (as companies amended by No. 57/2009 s. 14). The Governor in Council, by Order published in the Government Gazette, may declare— (a) a distribution company or a class of distribution company; or (b) a transmission company or a class of transmission company— not to be a major electricity company for the purposes of this Act or any part of this Act.

4 — Exemptions

4 Exemptions S. 4(1) (1) The Governor in Council, by Order published in amended by No. 69/2000 the Government Gazette, may declare that the s. 22(1). provisions of this Act, or such of the provisions of this Act as are specified in the Order— Authorised by the Chief Parliamentary Counsel 14 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary (a) do not have effect in relation to specified electrical contractors or electrical workers, or a class of electrical contractors or electrical workers, or do not have effect to such extent as is specified; or (b) do not have effect in relation to specified electrical equipment or a class of equipment or do not have effect to such extent as is specified; or (c) do not have effect in relation to specified electrical work or a class of electrical work or do not have effect to such extent as is specified; or (d) do not have effect in relation to a specified S. 4(1)(d) amended by responsible person under Part 8 or a class of No. 38/2000 responsible persons under that Part or do not s. 16. have effect to such extent as is specified; or (e) do not have effect in relation to specified S. 4(1)(e) inserted by electricity suppliers or a class of electricity No. 38/2000 suppliers or do not have effect to such an s. 16. extent as is specified. (2) An Order made under subsection (1)— (a) may specify the period during which the Order is to remain in force; or (b) may provide that its operation is subject to such terms and conditions as are specified in the Order. (3) A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 15 Electricity Safety Act 1998 No. 25 of 1998 Part 1—Preliminary

5 — Act to bind the Crown

5 Act to bind the Crown This Act binds the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. Authorised by the Chief Parliamentary Counsel 16 Electricity Safety Act 1998 No. 25 of 1998 Part 2—Energy Safe Victoria Pt 2 (Heading Part 2—Energy Safe Victoria and ss 6–29) amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 64), substituted as Pt 2 (Heading and ss 6–8) by No. 39/2005 s. 45.

6 — Objectives of Energy Safe Victoria S. 6

6 Objectives of Energy Safe Victoria S. 6 substituted by No. 39/2005 The objectives of Energy Safe Victoria under this s. 45. Act are— (a) to ensure the electrical safety of electrical generation, transmission and distribution systems, electrical installations and electrical equipment; (b) to control the electrical safety standards of electrical work carried out by electrical workers; (c) to promote awareness of energy efficiency through energy efficiency labelling of electrical equipment and energy efficiency regulation of electrical equipment; (ca) to promote the prevention and mitigation of S. 6(ca) inserted by bushfire danger; No. 55/2010 s. 14(1). (d) to protect underground and underwater structures from corrosion caused by stray electrical currents; (e) to maintain public and industry awareness of electrical safety requirements. Authorised by the Chief Parliamentary Counsel 17 Electricity Safety Act 1998 No. 25 of 1998 Part 2—Energy Safe Victoria S. 7 7 Functions of Energy Safe Victoria substituted by No. 39/2005 The functions of Energy Safe Victoria under this s. 45. Act are— (a) to determine minimum safety standards for electrical equipment, electrical installations and electrical work; (b) to encourage and monitor the use of electricity safety management schemes; (c) to inspect and test electrical equipment, electrical installations and electrical work for compliance with the specified safety standards; (d) to administer the prescribed minimum standards for energy efficiency of electrical equipment; (e) to inspect and test electrical equipment for compliance with the specified minimum standards for energy efficiency; (f) to investigate events or incidents which have implications for electricity safety; S. 7(fa) (fa) to regulate, monitor and enforce the inserted by No. 55/2010 prevention and mitigation of bushfires that s. 14(2). arise out of incidents involving electric lines or electrical installations; (g) to provide advisory and consultative services in relation to electricity safety and electrical equipment, electrical installations and electrical work; (h) to advise the electricity industry and the community in relation to electricity safety; (i) to monitor and enforce compliance with this Act and the regulations; Authorised by the Chief Parliamentary Counsel 18 Electricity Safety Act 1998 No. 25 of 1998 Part 2—Energy Safe Victoria (j) such other functions are as conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.

7A — Energy Safe Victoria may have regard to the S. 7A

7A Energy Safe Victoria may have regard to the S. 7A inserted by reliability and security of electricity supply in No. 55/2010 certain cases s. 15. In performing a function or exercising a power under Part 8 or 10 or regulations made for the purposes of either of those Parts, Energy Safe Victoria may have regard to the reliability and security of electricity supply.

8 — Funding S. 8

8 Funding S. 8 substituted by No. 39/2005 A distribution company must pay to Energy Safe s. 45. Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that distribution company in respect of the reasonable costs and expenses of Energy Safe Victoria. * * * * * Ss 9–29 repealed by No. 39/2005 s. 45. Authorised by the Chief Parliamentary Counsel 19 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work Part 3—Electrical work Division 1—Registration of electrical contractors S. 30 30 Contractors amended by No. 89/1998 A person must not carry on or offer to carry on or s. 7. hold out that the person carries on or is willing to carry on any class of electrical contracting that, under the regulations, is a prescribed class of electrical contracting for the purposes of this Division unless the person is registered under this Division as an electrical contractor in respect of electrical contracting of that class and holds the prescribed insurance (if any). S. 30(a)(b) * * * * * repealed by No. 89/1998 s. 7. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units.

31 — Registration of electrical contractors

31 Registration of electrical contractors S. 31(1) (1) Energy Safe Victoria may, in accordance with the amended by No. 39/2005 regulations, register, or renew the registration of, a s. 48(Sch. 1 person as an electrical contractor in respect of a item 1). specified class of electrical contracting. S. 31(2) (2) A registration may be granted or renewed subject amended by No. 39/2005 to any conditions that Energy Safe Victoria thinks s. 48(Sch. 1 fit. item 2). S. 31(3) (3) Energy Safe Victoria must assign a registered amended by No. 39/2005 number to each registered contractor. s. 48(Sch. 1 item 1). Authorised by the Chief Parliamentary Counsel 20 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (4) The registration of an electrical contractor S. 31(4) continues, unless sooner suspended, cancelled or amended by No. 25/2008 surrendered, for a period of up to 5 years s. 3. determined by Energy Safe Victoria and specified in the register kept under section 33 commencing on the date of registration, or renewal of registration.

32 — Registered number

32 Registered number A registered electrical contractor must not publish or cause to be published any advertisement, notice or statement that the contractor carries on or is willing to carry on electrical contracting work unless the advertisement, notice or statement includes the registered number of the contractor. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units.

33 — Register of electrical contractors

33 Register of electrical contractors (1) Energy Safe Victoria must cause to be kept a S. 33(1) amended by register of electrical contractors. No. 39/2005 s. 48(Sch. 1 item 1). (2) The register must be in the prescribed form and contain the prescribed information. (3) Energy Safe Victoria must make the register S. 33(3) amended by available for inspection at all reasonable hours. No. 39/2005 s. 48(Sch. 1 item 1).

34 — Disciplinary action

34 Disciplinary action (1) There is proper cause for taking disciplinary action against a registered electrical contractor if the registered electrical contractor— (a) has failed to comply with this Act or the regulations; or Authorised by the Chief Parliamentary Counsel 21 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (b) has obtained registration under this Division by fraud or misrepresentation or the concealment of facts; or (c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or (d) has failed to hold the prescribed insurance; or (e) has failed to comply with any condition of registration; or (f) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical installation work; or (g) has engaged in fraudulent conduct in the carrying out of electrical installation work. S. 34(2) (2) If, after an inquiry into the conduct of a registered amended by No. 39/2005 electrical contractor and giving the electrical s. 48(Sch. 1 contractor the opportunity to be heard, Energy item 2). Safe Victoria is satisfied that proper cause exists for taking disciplinary action against a registered electrical contractor, Energy Safe Victoria may do one or more of the following— S. 34(2)(a) * * * * * repealed by No. 25/2008 s. 4. (b) impose new conditions on, or vary the conditions of the registration, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; Authorised by the Chief Parliamentary Counsel 22 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (c) suspend the registration, immediately or with effect from a specified later date, for a period of up to 12 months; (d) cancel the registration, immediately or with effect from a specified later date.

35 — Employees of registered electrical contractor

35 Employees of registered electrical contractor (1) A registered electrical contractor must keep a register of licensed electrical installation workers who are employed by the contractor. Penalty: 10 penalty units. (2) The register under subsection (1) must be S. 35(2) amended by available for inspection at all reasonable times by No. 39/2005 Energy Safe Victoria. s. 48(Sch. 1 item 2). (3) A registered electrical contractor must not employ a person in the carrying out of any electrical installation work unless the person is— (a) a licensed electrical installation worker of a particular class related to the contractor's business; or (b) an apprentice within the meaning of the S. 35(3)(b) amended by Education and Training Reform Act 2006 No. 24/2006 in a trade that involves carrying out electrical s. 6.1.2(Sch. 7 item 15). installation work of a class related to the contractor's business. Penalty applying to this subsection— In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Authorised by the Chief Parliamentary Counsel 23 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work

36 — Electrical contractors not to employ certain persons

36 Electrical contractors not to employ certain persons (1) A person (the contractor) must not employ a person (the worker) to carry out, in the course of a business carried on by the contractor, electrical installation work that, under the regulations, is a prescribed class of electrical installation work for the purposes of this Division, unless— (a) the contractor is a registered electrical contractor under this Division; and (b) the worker is a licensed electrical installation worker under this Part in respect of electrical installation work of that class. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. (2) Subsection (1) does not apply to the employment, in the regular course of a business carried on by a person, of a licensed electrical installation worker to carry out electrical installation work of a class in respect of which the worker is licensed only in premises owned or occupied by the employer.

37 — Obligations on registered contractors

37 Obligations on registered contractors A registered electrical contractor must not permit a person to carry out on the contractor's behalf, or direct a person to carry out, any electrical installation work that does not comply with this Act or the regulations. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Authorised by the Chief Parliamentary Counsel 24 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work Division 2—Licensing of electrical workers

38 — Electrical workers

38 Electrical workers A person must not carry out or offer to carry out or hold out that the person carries out or is willing to carry out any class of electrical work that, under the regulations, is a prescribed class of electrical work for the purposes of this Division unless the person is— (a) licensed under this Division as an electrical installation worker in respect of electrical installation work of that class; or (b) licensed under this Division as an electrical inspector in respect of electrical inspection work of that class; or (c) licensed under this Division as an electrical connection worker in respect of electrical connection work of that class; or (d) licensed under this Division as an electrical equipment worker in respect of electrical equipment work of that class; or (e) authorised under an accepted ESMS in S. 38(e) amended by respect of electrical work of that class. No. 57/2009 s. 5. Penalty: 50 penalty units.

39 — Apprentices deemed to be licensed S. 39

39 Apprentices deemed to be licensed S. 39 amended by No. 24/2006 An apprentice within the meaning of the s. 6.1.2(Sch. 7 Education and Training Reform Act 2006 in a item 15). trade that involves carrying out electrical work is, during the period of the apprenticeship, deemed to be licensed as an electrical worker to carry out electrical work under supervision as prescribed. Authorised by the Chief Parliamentary Counsel 25 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work

40 — Licensing of electrical workers

40 Licensing of electrical workers S. 40(1) (1) Energy Safe Victoria may, in accordance with the amended by No. 39/2005 regulations, license, or renew the licence of, a s. 48(Sch. 1 natural person as an electrical worker in respect of item 1). a specified class of electrical work. S. 40(2) (2) A licence may be issued or renewed subject to any amended by No. 39/2005 conditions that Energy Safe Victoria thinks fit, s. 48(Sch. 1 including a condition that it applies to only one item 2). class of electrical work. S. 40(3) (3) Energy Safe Victoria may, in accordance with the amended by No. 39/2005 regulations, vary a licence given under this s. 48(Sch. 1 section. item 1). (4) A licence under this section continues, unless sooner suspended, cancelled or surrendered, for a period of up to 5 years specified in the licence commencing on the date of the issue of the licence or renewal of the licence.

41 — Disciplinary action

41 Disciplinary action (1) There is proper cause for taking disciplinary action against a licensed electrical worker if the licensed electrical worker— (a) has failed to comply with this Act or the regulations; or (b) has obtained a licence under this Division by fraud or misrepresentation or the concealment of facts; or (c) has been convicted of any offence involving fraud, dishonesty, drug trafficking or violence that was punishable by imprisonment for 6 months or more; or (d) has failed to comply with any condition or restriction on the licence; or Authorised by the Chief Parliamentary Counsel 26 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (e) has been negligent or incompetent, or was a party to any negligence or incompetence, in connection with the carrying out of electrical work; or (f) has engaged in fraudulent conduct in the carrying out of electrical work. (2) If, after an inquiry into the conduct of a licensed S. 41(2) amended by electrical worker and giving the electrical worker No. 39/2005 the opportunity to be heard, Energy Safe Victoria s. 48(Sch. 1 item 2). is satisfied that proper cause exists for taking disciplinary action against the licensed electrical worker, Energy Safe Victoria may do one or more of the following— * * * * * S. 41(2)(a) repealed by No. 25/2008 s. 4. (b) impose new conditions or restrictions on, or vary the conditions or restrictions on the licence, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (c) suspend the licence for a period of up to 12 months; (d) cancel the licence, immediately or with effect from a specified later date. Division 3—Electrical installation work

41A — Responsible person S. 41A

41A Responsible person S. 41A inserted by In this Division a reference to the person who is No. 89/1998 responsible for the carrying out of electrical s. 8. installation work is a reference— (a) to a registered electrical contractor, if the registered electrical contractor is engaged to carry out the work; or Authorised by the Chief Parliamentary Counsel 27 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (b) to a person in a prescribed class of persons, if that person is engaged to carry out the work; (c) if paragraphs (a) and (b) do not apply and the work is carried out by a licensed electrical installation worker under the supervision of another licensed electrical installation worker, to the licensed electrical installation worker who supervised the work; (d) if paragraphs (a), (b) and (c) do not apply, to the licensed electrical installation worker who carried out the work. S. 41B 41B Supervisor deemed to carry out certain work inserted by No. 38/2000 s. 17, (1) If, under this Act or the regulations, a licensed amended by electrical installation worker supervises the No. 69/2000 s. 23 (ILA carrying out of electrical installation work by s. 39B(1)). another person, then, for the purposes of this Division— (a) the licensed electrical installation worker is deemed to be the person carrying out the work; and (b) the other person is deemed not to have carried out the work. S. 41B(2) (2) Subsection (1) does not apply in respect of a inserted by No. 69/2000 licensed electrical installation worker supervising s. 23. the carrying out of electrical installation work pursuant to the conditions of registration applying to a registered electrical contractor.

42 — Implied conditions relating to electrical installation

42 Implied conditions relating to electrical installation work It is an implied condition of each contract entered into by the electrical contractor in relation wholly or partly to any electrical installation work to be carried out by the electrical contractor that the quality of the materials, fittings and apparatus to Authorised by the Chief Parliamentary Counsel 28 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work be used in connection with the electrical installation work and the methods to be followed in carrying out the electrical installation work are in accordance with the regulations.

43 — Safety of electrical installations

43 Safety of electrical installations (1) A person must not install any electrical equipment S. 43(1) substituted by if the person knows or should reasonably be No. 35/2013 expected to know that— s. 12. (a) the electrical equipment is unsafe or will be unsafe if connected to an electricity supply; or (b) the installation will make any other electrical equipment unsafe if connected to an electricity supply; or (c) the installation will make a building or structure unsafe if that building or structure is supplied with electricity. Penalty: 40 penalty units. (1A) A person must not carry out electrical equipment S. 43(1A) inserted by work if the person knows or should reasonably be No. 35/2013 expected to know that— s. 12. (a) the work will make electrical equipment unsafe if connected to an electricity supply; or (b) the work will make a building or structure unsafe if that building or structure is supplied with electricity. Penalty: 40 penalty units. Authorised by the Chief Parliamentary Counsel 29 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (2) The occupier of any premises in which there is any unsafe electrical equipment must— (a) cause the electrical equipment to be removed from the premises or to be made safe; or (b) in the case of electrical equipment forming part of an electrical installation, notify the owner of the premises of the unsafe electrical installation. Penalty: 40 penalty units. (3) An owner of premises who is notified under subsection (2) must cause the electrical installation to be removed from the premises or to be made safe. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (4) A person carrying out electrical installation work must ensure that— (a) all electrical circuits or electrical equipment handled in the course of that work are disconnected from the electricity supply; or (b) adequate precautions are taken to prevent electric shock or other injury in the handling of electrical circuits or electrical equipment in the course of that work. Penalty: 40 penalty units. S. 43A 43A Safety of electrical installations—building work inserted by No. 59/2011 s. 13. (1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make— Authorised by the Chief Parliamentary Counsel 30 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (a) an electrical installation at the premises unsafe; or (b) a building at the premises unsafe if that premises is supplied with electricity. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) In this section— building work has the same meaning as in the Building Act 1993.

44 — Compliance and testing of electrical installation S. 44

44 Compliance and testing of electrical installation S. 44 amended by work No. 89/1998 s. 9(2) (ILA (1) A licensed electrical installation worker must s. 39B(1)). ensure that all electrical installation work carried out by that worker— (a) complies with this Act and the regulations; and (b) is tested in accordance with and at the S. 44(1)(b) amended by intervals required by the regulations before it No. 89/1998 is connected to the electricity supply, or if s. 9(1). the electrical circuits or electrical equipment handled in the course of that work were not disconnected from the electricity supply, before the work is first used after it is completed. Penalty: 40 penalty units. (2) A licensed electrical installation worker who S. 44(2) inserted by carries out electrical installation work must, No. 89/1998 within 4 business days after the completion of that s. 9(2). work— Authorised by the Chief Parliamentary Counsel 31 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work S. 44(2)(a) (a) complete and sign a certificate of compliance amended by in respect of that work; and No. 61/2007 s. 13(2). S. 44(2)(b) (b) if the worker is not the person responsible amended by No. 61/2007 for the carrying out of the work, give to the s. 13(2). person who is responsible for the carrying out of the work a signed certificate of compliance in respect of that work. Penalty: 10 penalty units. S. 44(3) (3) A licensed electrical installation worker must not inserted by No. 89/1998 sign a certificate of compliance in relation to any s. 9(2), electrical installation work carried out by that amended by No. 61/2007 worker unless the certificate— s. 13(2). (a) describes the work; and (b) states that the work complies with this Act and the regulations; and (c) contains any other details in relation to the work required by the regulations. Penalty: 10 penalty units. S. 44(4) * * * * * inserted by No. 89/1998 s. 9(2), repealed by No. 61/2007 s. 13(3).

45 — Inspection of electrical installation work

45 Inspection of electrical installation work S. 45(1) (1) A person who is responsible for the carrying out amended by No. 89/1998 of prescribed electrical installation work must s. 10(1). ensure that that work is inspected by a licensed electrical inspector in accordance with the regulations before the electrical installation is connected to the electricity supply, or if the electrical circuits or electrical equipment handled in the course of the work were not disconnected Authorised by the Chief Parliamentary Counsel 32 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work from the electricity supply, before the work is first used after it is completed. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) Before an electricity supplier first connects an S. 45(2) amended by electrical installation to an electricity supply, the No. 89/1998 electricity supplier must ensure that a certificate of s. 10(2). inspection of the prescribed electrical installation work in relation to that installation has been issued by a licensed electrical inspector in accordance with this section. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (3) A licensed electrical inspector who carries out an S. 45(3) inserted by inspection of prescribed electrical installation No. 89/1998 work must within 4 business days after the s. 10(3). completion of that inspection, give to the person who is responsible for the carrying out of the work a signed certificate of inspection in respect of that work. Penalty: 10 penalty units. (4) A licensed electrical inspector must not sign a S. 45(4) inserted by certificate of inspection of any prescribed No. 89/1998 electrical installation work unless the certificate— s. 10(3), amended by No. 25/2008 (a) describes the work; and s. 5. (b) states that the inspector has inspected the S. 45(4)(b) amended by work; and No. 38/2000 s. 24(a). Authorised by the Chief Parliamentary Counsel 33 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (c) states whether or not the work complies with this Act and the regulations; and (d) contains any other details in relation to the work required by the regulations. Penalty: 50 penalty units. S. 45(5) * * * * * inserted by No. 89/1998 s. 10(3), repealed by No. 61/2007 s. 13(3). S. 45A 45A Certificates of electrical safety inserted by No. 89/1998 s. 11. (1) The person who is responsible for the carrying out of electrical installation work must in accordance with this section— (a) ensure that a certificate of electrical safety is completed in respect of that work; and (b) within the required time— (i) give the completed certificate of electrical safety in respect of that work to the person for whom the work was carried out; and S. 45A(1)(b)(ii) (ii) give a copy of that certificate to Energy amended by No. 39/2005 Safe Victoria. s. 48(Sch. 1 item 2). Penalty: 10 penalty units. (2) A certificate of electrical safety must contain— (a) a certificate of compliance completed under section 44 for the installation work by the licensed electrical installation worker who carried out the work; and Authorised by the Chief Parliamentary Counsel 34 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (b) in the case of prescribed electrical installation work, a certificate of inspection of the installation work completed under section 45 by a licensed electrical inspector. (3) The person who is responsible for the carrying out of electrical installation work must not give a certificate of electrical safety under subsection (1) unless the certificate form used is a certificate form supplied to that person under section 45B. Penalty: 10 penalty units. (4) A document is not a certificate of electrical safety S. 45A(4) amended by unless the certificate form used is a form that has No. 39/2005 been supplied by Energy Safe Victoria or a person s. 48(Sch. 1 item 2). authorised by Energy Safe Victoria. (5) A certificate of electrical safety may be a periodic certificate covering all electrical installation work (other than prescribed electrical installation work) for which a person is responsible that is carried out within a period of 3 months. (6) In this section the required time— (a) in the case of prescribed electrical installation work, is 4 business days after the certificate of inspection of that work is given under section 45(3); and (b) in the case of electrical installation work under a periodic certificate of electrical safety, is 4 business days after the end of the period of 3 months to which the certificate relates; and (c) in the case of any other electrical installation work is one month after the certificate of compliance for that work is completed under section 44(2). Authorised by the Chief Parliamentary Counsel 35 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work S. 45AB 45AB Enforcement officer may require rectification of inserted by non-compliant electrical installation work No. 61/2007 s. 14. (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 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 Authorised by the Chief Parliamentary Counsel 36 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work 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 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. Authorised by the Chief Parliamentary Counsel 37 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical 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. S. 45B 45B Supply of certificate forms inserted by No. 89/1998 s. 11. S. 45B(1) (1) Energy Safe Victoria may sell certificate of amended by No. 39/2005 electrical safety forms to registered electrical s. 48(Sch. 1 contractors and licensed electrical installation item 1). workers and prescribed persons. S. 45B(2) (2) Energy Safe Victoria may authorise a person to amended by No. 39/2005 sell certificate of electrical safety forms to s. 48(Sch. 1 registered electrical contractors and licensed item 1). electrical installation workers and prescribed persons. S. 45B(3) (3) In authorising a person, Energy Safe Victoria may amended by No. 39/2005 impose any conditions on its authorisation that it s. 48(Sch. 1 thinks appropriate and may change any such item 2). condition at any time. S. 45B(4) (4) A person authorised by Energy Safe Victoria to amended by No. 39/2005 sell certificate of electrical safety forms— s. 48(Sch. 1 item 2). (a) must not sell or give a certificate of electrical safety form to a person who is not a registered electrical contractor, a licensed electrical installation worker or prescribed person; and (b) must not sell a certificate of electrical safety form to a person who is a registered electrical contractor, a licensed electrical installation worker or a prescribed person at a price greater than the authorised amount; and Authorised by the Chief Parliamentary Counsel 38 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (c) must comply with any condition imposed by S. 45B(4)(c) Energy Safe Victoria in granting its amended by No. 39/2005 authorisation. s. 48(Sch. 1 item 2). Penalty: 20 penalty units. (5) Energy Safe Victoria must not sell a certificate of S. 45B(5) amended by electrical safety form to a person who is a No. 39/2005 registered electrical contractor, a licensed s. 48(Sch. 1 item 1). electrical installation worker or a prescribed person at a price greater than the authorised amount. (6) A registered electrical contractor, a licensed electrical installation worker or a prescribed person may authorise a person in writing to buy certificate of electrical safety forms on the contractor's or worker's or prescribed person's behalf. (7) A registered electrical contractor, a licensed electrical installation worker or a prescribed person must ensure that only one person has such an authority at any one time. Penalty: 5 penalty units. (8) A reference to a registered electrical contractor or licensed electrical installation worker or a prescribed person in subsection (1), (2), (4) or (5) includes a reference to any person duly authorised by the registered electrical contractor or licensed electrical installation worker or prescribed person under subsection (6). (9) If— S. 45B(9) amended by No. 39/2005 (a) the registration of an electrical contractor is s. 48(Sch. 1 suspended or cancelled or expires without item 2). renewal under this Act; or Authorised by the Chief Parliamentary Counsel 39 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (b) the licence of an electrical installation worker is suspended, cancelled or surrendered or expires without renewal under this Act— the contractor or worker must return all unused certificate of electrical safety forms purchased under this section to Energy Safe Victoria within 14 days after that suspension, cancellation, surrender or expiry. Penalty: 10 penalty units. S. 45B(10) (10) Energy Safe Victoria must refund to an electrical amended by No. 39/2005 contractor or electrical installation worker the s. 48(Sch. 1 amount paid under this section by the contractor item 1). or worker for any forms returned under subsection (9). S. 45B(11) (11) If, on the application of a registered electrical amended by No. 39/2005 contractor, a licensed electrical installation worker s. 48(Sch. 1 or a prescribed person, Energy Safe Victoria is item 2). satisfied that a certificate of electrical safety form supplied to the contractor, worker or person under this section is lost or damaged or destroyed, Energy Safe Victoria must provide the contractor, worker or person with a replacement form at no charge. (12) In this section the authorised amount is— (a) $20 (or any other amount specified by the regulations) for a certificate of electrical safety form relating to prescribed electrical installation work; or (b) $500 (or any other amount specified by the regulations) for a periodic certificate of electrical safety form; or (c) $5 (or any other amount specified by the regulations) for any other certificate of electrical safety form. Authorised by the Chief Parliamentary Counsel 40 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (13) In this section prescribed person means a person in a class of persons prescribed for the purposes of section 41A(b). Division 4—Installation of electric lines on public land

46 — Regulation of installation

46 Regulation of installation (1) A person must not install, or cause to be installed, an electric line on public land unless— (a) the electric line is installed by or on behalf of— (i) a person who is the holder of a licence S. 46(1)(a)(i) substituted by under section 19 of the Electricity No. 69/2000 Industry Act 2000, for the purposes of s. 24(1). carrying out activities authorised under the licence; or (ii) a person who is exempted under the S. 46(1)(a)(ii) amended by Electricity Industry Act 2000 from No. 38/2000 holding a licence under section 19 of s. 24(b), substituted by that Act, for the purposes of carrying No. 69/2000 out activities authorised to be carried s. 24(1). out under the terms of the exemption; or * * * * * S. 46(1)(a)(iii) repealed by No. 30/2000 s. 34. (iv) Victorian Rail Track, within the S. 46(1)(a)(iv) substituted by meaning of section 3 of the Transport No. 6/2010 Integration Act 2010, for the purposes s. 203(1)(Sch. 6 item 16.1(a)) of its functions or powers under that or (as amended any other Act; or by No. 45/2010 s. 22). Authorised by the Chief Parliamentary Counsel 41 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work S. 46(1)(a)(iva) (iva) V/Line Corporation, within the inserted by meaning of section 3 of the Transport No. 6/2010 s. 203(1)(Sch. 6 Integration Act 2010, for the purposes item 16.1(b)) of its functions or powers under that or (as amended by any other Act; or No. 45/2010 s. 22). (v) the Roads Corporation, for the purposes of its functions or powers under any Act; or S. 46(1)(a)(vi) (vi) a Council for the purposes of its amended by No. 2/2014 functions or powers under any Act; or s. 5. S. 46(1)(a)(vii) (vii) Energy Safe Victoria, for the purposes amended by No. 39/2005 of its functions or powers under any s. 48(Sch. 1 Act; or item 2). (b) the electric line is installed for the purpose of conveying electricity supplied by a person referred to in paragraph (a)(i) or (ii) from a common metering point or distribution point to lots on a plan of subdivision under the Subdivision Act 1988 or to parts of any premises which are separately occupied; or (c) the installation of the electric line is the subject of an exemption under this Division. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. S. 46(2) * * * * * repealed by No. 69/2000 s. 24(2). Authorised by the Chief Parliamentary Counsel 42 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (3) The owner of an electric line installed in S. 46(3) contravention of this section must ensure that the amended by No. 89/1998 electric line is not at any time connected to a s. 12. 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 person must not knowingly use an electric line installed in contravention of this section. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.

47 — Exemption

47 Exemption (1) The Governor in Council may, by Order published S. 47(1) amended by in the Government Gazette, exempt a person from No. 69/2000 compliance with section 46 in respect of an s. 22(2). activity specified in the Order. (2) An exemption may be of general or specific application. (3) An exemption is subject to such terms and conditions as are specified in the Order including a condition requiring— (a) the consent of the owner of any property that may be affected by the activities to which the exemption relates; and (b) unless inconsistent with any obligation of the S. 47(3)(b) amended by distribution company under a licence under No. 69/2000 the Electricity Industry Act 2000, the s. 25. consent of the distribution company to whose supply network the electric line is to be connected. Authorised by the Chief Parliamentary Counsel 43 Electricity Safety Act 1998 No. 25 of 1998 Part 3—Electrical work (4) A person to whom an Order under this section applies must comply with the terms and conditions to which the operation of the Order is subject. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.

48 — Division not to affect operation of other

48 Division not to affect operation of other requirements Nothing in this Division affects the operation of any other provision of this Act or of any other Act or law applying to or in relation to the installation or use of an electric line.

49 — Transitional

49 Transitional An Order made under the Electric Light and Power Act 1958 or a corresponding previous enactment relating to the installation of an electric line beyond the limits of any private premises and in force immediately before the commencement of this section has effect, unless revoked under this Division, as an exemption given under this Division. Authorised by the Chief Parliamentary Counsel 44 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment Part 4—Electrical equipment * * * * * S. 50 repealed by No. 46/2014 s. 9. * * * * * S. 51 amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 46/2014 s. 9. * * * * * Ss 52, 53 repealed by No. 46/2014 s. 9.

54 — Standards of electrical equipment S. 54

54 Standards of electrical equipment S. 54 amended by No. 38/2000 A person must not supply or offer to supply s. 18(a). electrical equipment unless— (a) the equipment complies with the minimum standards prescribed for equipment of that class; or * * * * * S. 54(b) amended by No. 39/2005 s. 48(Sch. 1 item 2), repealed by No. 59/2008 s. 41(1). Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. Authorised by the Chief Parliamentary Counsel 45 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment S. 55 55 Certification of compliance of electrical equipment amended by No. 39/2005 Energy Safe Victoria, on the application of any s. 48(Sch. 1 person and on payment of the prescribed fee— item 3(a)). S. 55(a) (a) may determine whether, in its opinion, amended by Nos 38/2000 electrical equipment complies with the s. 24(c), minimum standards prescribed for 39/2005 s. 48(Sch. 1 equipment of that class; and item 3(b)). (b) if it determines that the equipment does so comply, may issue a certificate to this effect. S. 56 * * * * * amended by No. 39/2005 s. 48(Sch. 1 items 1, 2, 4), repealed by No. 59/2008 s. 41(2).

57 — Prescribed electrical equipment

57 Prescribed electrical equipment S. 57(1) (1) Energy Safe Victoria, by notice published in the amended by No. 39/2005 Government Gazette, may declare that any class, s. 48(Sch. 1 description or type of electrical equipment is, item 1). from a date specified in the notice, prescribed electrical equipment for the purposes of this Act. S. 57(2) (2) A person must not supply or offer to supply amended by No. 38/2000 electrical equipment prescribed under subsection s. 18(b). (1) unless the equipment— S. 57(2)(a) (a) is approved by Energy Safe Victoria and is amended by No. 39/2005 marked as prescribed; or s. 48(Sch. 1 item 2). (b) is approved by a prescribed authority or, under the regulations, is deemed to be approved; or Authorised by the Chief Parliamentary Counsel 46 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment (c) is certified in accordance with a prescribed method or prescribed process. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (3) If electrical equipment complies with the S. 57(3) amended by requirements of subsection (2)(b) or (c), it is No. 39/2005 deemed for the purposes of this Act to have been s. 48(Sch. 1 item 2). approved by Energy Safe Victoria and to be marked as prescribed.

58 — Approval of equipment

58 Approval of equipment (1) Energy Safe Victoria, on the application of any S. 58(1) amended by person, may approve prescribed electrical No. 39/2005 equipment. s. 48(Sch. 1 item 1). (2) An application must— (a) be in writing; and (b) contain or be accompanied by the prescribed information; and (c) be made in accordance with the regulations; and (d) be accompanied by the relevant prescribed fee. (3) Energy Safe Victoria must notify the applicant in S. 58(3) amended by writing of its decision— No. 39/2005 s. 48(Sch. 1 (a) to approve prescribed electrical equipment or item 1). a class of electrical equipment; or (b) to approve electrical equipment subject to certain modifications being made; or (c) not to approve prescribed electrical equipment. Authorised by the Chief Parliamentary Counsel 47 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment S. 58(4) (4) If Energy Safe Victoria approves prescribed amended by electrical equipment subject to certain No. 39/2005 s. 48(Sch. 1 modifications being made, the approval has effect item 2). when the prescribed electrical equipment has been modified in accordance with the approval. S. 59 59 Re-examination amended by No. 39/2005 s. 48(Sch. 1 Energy Safe Victoria may at any time require any items 1, 2). prescribed electrical equipment which has been approved to be re-examined or tested by Energy Safe Victoria.

60 — Modifications after approval

60 Modifications after approval S. 60(1) (1) Energy Safe Victoria may, by notice given to a amended by No. 39/2005 person, require modifications to be made to s. 48(Sch. 1 prescribed electrical equipment that has been item 1). approved under this Part and approve the equipment subject to those modifications being made. S. 60(2) (2) A person to whom a notice is given under amended by No. 38/2000 subsection (1) must not supply or offer to supply s. 18(c). the prescribed electrical equipment unless it is modified in accordance with the requirement. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 61 61 Approval of samples substituted by No. 39/2005 s. 48(Sch. 1 The approval by Energy Safe Victoria of item 5). prescribed electrical equipment may be made by the approval of samples or specifications of the electrical equipment or by any other means which it considers appropriate. Authorised by the Chief Parliamentary Counsel 48 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment

62 — Withdrawal of approval

62 Withdrawal of approval (1) Energy Safe Victoria may, by notice in writing S. 62(1) amended by given to the person to whom the approval was No. 39/2005 given, at any time withdraw any approval given s. 48(Sch. 1 item 1). under this Part. (2) Energy Safe Victoria must state the reasons for S. 62(2) amended by the withdrawal of approval. No. 39/2005 s. 48(Sch. 1 item 1). (3) Energy Safe Victoria must publish a notice of the S. 62(3) amended by withdrawal of an approval in the Government No. 39/2005 Gazette and in a newspaper circulating generally s. 48(Sch. 1 item 1). in the State.

63 — Prohibition of supply of electrical equipment

63 Prohibition of supply of electrical equipment (1) Energy Safe Victoria, by notice published in the S. 63(1) amended by Government Gazette and in a newspaper No. 39/2005 circulating generally in the State, may prohibit the s. 48(Sch. 1 item 1). supply of specified electrical equipment or electrical equipment of a specified class from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice. (2) Energy Safe Victoria, by notice in writing given to S. 63(2) amended by a person, may prohibit that person from supplying No. 39/2005 specified electrical equipment or electrical s. 48(Sch. 1 item 1). equipment of a specified class from the date of the notice or such later date as is specified in the notice. (3) Energy Safe Victoria may exercise a power of S. 63(3) amended by prohibition under this section only if it appears to No. 39/2005 Energy Safe Victoria that— s. 48(Sch. 1 items 1, 2). (a) the specified electrical equipment is, or is likely to become, by reason of its design or construction, unsafe to use; and Authorised by the Chief Parliamentary Counsel 49 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment (b) prohibition of the supply of the specified equipment or of all equipment of that specified class is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that equipment or equipment of that class. S. 63(4) (4) Energy Safe Victoria may withdraw a prohibition amended by No. 39/2005 made under subsection (1) by notice published in s. 48(Sch. 1 the Government Gazette and in a newspaper item 1). circulating generally in the State. S. 63(5) (5) Energy Safe Victoria may withdraw a prohibition amended by No. 39/2005 made under subsection (2) by notice given to the s. 48(Sch. 1 person to whom the prohibition was given. item 1). (6) This section applies whether or not the equipment was— (a) prescribed electrical equipment; or S. 63(6)(b) (b) approved by Energy Safe Victoria; or amended by No. 39/2005 s. 48(Sch. 1 item 2). S. 63(6)(c) (c) certified by Energy Safe Victoria; or amended by No. 39/2005 s. 48(Sch. 1 item 2). (d) approved by a prescribed authority or, under the regulations, was deemed to be approved; or (e) was certified in accordance with a prescribed method or prescribed process. Authorised by the Chief Parliamentary Counsel 50 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment

64 — Offence to disobey prohibition

64 Offence to disobey prohibition A person must not, while a prohibition under section 63 remains in force, do anything prohibited by that prohibition. Penalty: In the case of a natural person, 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units.

65 — Recall of electrical equipment

65 Recall of electrical equipment (1) Energy Safe Victoria may make a requirement S. 65(1) amended by under this section only if it appears to Energy Safe No. 39/2005 Victoria that— s. 48(Sch. 1 items 1, 2). (a) particular electrical equipment, or a particular class of electrical equipment, is, or is likely to become, by reason of its design or construction, unsafe to use; or (b) specific action is necessary— S. 65(1)(b) substituted by No. 1/2017 (i) to make particular electrical equipment, s. 11(1). or a particular class of electrical equipment, safe to use; or (ii) to render safe the use of particular electrical equipment or a particular class of electrical equipment; or (c) particular electrical equipment, or a S. 65(1)(c) inserted by particular class of electrical equipment, does No. 1/2017 not comply with the minimum standards s. 11(1). prescribed for that equipment or for equipment of that class. Authorised by the Chief Parliamentary Counsel 51 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment S. 65(2) (2) Energy Safe Victoria, by written notice served on amended by a person to whom this section applies, may require Nos 38/2000 s. 24(d), the person to take, within the period specified in 39/2005 the notice, the action specified in the notice in s. 48(Sch. 1 item 1), relation to the particular electrical equipment or substituted by electrical equipment of a particular class specified No. 1/2017 s. 11(2). in the notice. S. 65(2A) (2A) This section applies to a person— inserted by No. 1/2017 s. 11(2). (a) who supplies or has supplied electrical equipment in the course of the person's business; and (b) who has supplied— (i) the particular electrical equipment specified in the notice; or (ii) electrical equipment of a particular class specified in the notice. Example Company A was in the business of supplying electrical equipment. Company A then ceased supplying electrical equipment. Energy Safe Victoria may issue a notice to Company A under this section in respect of electrical equipment it supplied in the course of its business. S. 65(3) (3) The action specified in the notice may consist of amended by No. 1/2017 or include any of the following actions in relation s. 11(3)(a). to the particular electrical equipment specified in the notice, or electrical equipment of a particular class specified in the notice— (a) sending a written request to the person to whom the electrical equipment, or equipment of the same class, was supplied to return the equipment to the place at which it was supplied; Authorised by the Chief Parliamentary Counsel 52 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment (b) placing an advertisement requesting all S. 65(3)(b) persons to whom electrical equipment of that amended by No. 39/2005 class was supplied to return the equipment to s. 48(Sch. 1 the place at which it was supplied; item 6). (c) making the equipment or equipment of that S. 65(3)(c) amended by class safe to use or rendering safe the use of No. 1/2017 that equipment in the manner specified in the s. 11(3)(b). notice; (d) carrying out inspections and tests on that S. 65(3)(d) inserted by electrical equipment or equipment of that No. 1/2017 class; s. 11(3)(c). (e) rectifying that electrical equipment, or S. 65(3)(e) inserted by equipment of that class, so it complies with No. 1/2017 a specified standard; s. 11(3)(c). (f) repairing or replacing that electrical S. 65(3)(f) inserted by equipment or equipment of that class; No. 1/2017 s. 11(3)(c). (g) arranging for the disconnection from S. 65(3)(g) inserted by the supply of electricity of that electrical No. 1/2017 equipment or equipment of that class; s. 11(3)(c). (h) modifying premises on which that electrical S. 65(3)(h) inserted by equipment, or equipment of that class, is No. 1/2017 used or installed so the equipment is safe to s. 11(3)(c). use; (i) affixing warning labels to— S. 65(3)(i) inserted by No. 1/2017 (i) that electrical equipment or equipment s. 11(3)(c). of that class; or (ii) the premises on which that electrical equipment, or equipment of that class, is used or installed; (j) giving specified information to owners of S. 65(3)(j) inserted by premises on which that electrical equipment, No. 1/2017 or equipment of that class, is used or s. 11(3)(c). installed; Authorised by the Chief Parliamentary Counsel 53 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment S. 65(3)(k) (k) giving specified information to occupiers of inserted by premises on which that electrical equipment, No. 1/2017 s. 11(3)(c). or equipment of that class, is used or installed; S. 65(3)(l) (l) placing an advertisement containing inserted by No. 1/2017 specified information in a specified s. 11(3)(c). publication that is not a newspaper; S. 65(3)(m) (m) publishing specified information on the inserted by No. 1/2017 person's Internet site. s. 11(3)(c). S. 65(3A) (3A) An advertisement referred to in subsection (3)(b) inserted by No. 39/2005 must be— s. 48(Sch. 1 item 7). (a) in a form approved by Energy Safe Victoria; and (b) placed in a newspaper or newspapers— (i) specified by Energy Safe Victoria; and (ii) for a period or periods specified by Energy Safe Victoria. S. 65(4) (4) Energy Safe Victoria may alter or revoke a amended by No. 39/2005 requirement under this section by notice given to s. 48(Sch. 1 the person of whom the requirement was made. item 1). (5) This section applies whether or not the equipment was— (a) prescribed electrical equipment; or S. 65(5)(b) (b) approved by Energy Safe Victoria; or amended by No. 39/2005 s. 48(Sch. 1 item 2). S. 65(5)(c) (c) certified by Energy Safe Victoria; or amended by No. 39/2005 s. 48(Sch. 1 item 2). Authorised by the Chief Parliamentary Counsel 54 Electricity Safety Act 1998 No. 25 of 1998 Part 4—Electrical equipment (d) approved by a prescribed authority or, under the regulations, was deemed to be approved; or (e) was certified in accordance with a prescribed method or prescribed process. (6) A person who is required to take action specified S. 65(6) inserted by in a notice under this section must pay the cost of No. 1/2017 taking that action. s. 11(4). (7) A requirement specified in a notice served on a S. 65(7) inserted by person under this section does not have effect to No. 1/2017 the extent that it is inconsistent with a requirement s. 11(4). for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).

66 — Offence to fail to comply with requirement S. 66

66 Offence to fail to comply with requirement S. 66 amended by No. 1/2017 (1) A person of whom a requirement is made under s. 12 (ILA section 65 must comply with that requirement. s. 39B(1)). Penalty: In the case of a natural person, 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units. (2) A person required to give specified information to S. 66(2) inserted by an owner or occupier under section 65(3)(j) or (k) No. 1/2017 does not commit an offence against subsection (1) s. 12. if the person— (a) did not know the identity or location of the owner or occupier; and (b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and (c) could not identify or locate the owner or occupier after making reasonable inquiries. Authorised by the Chief Parliamentary Counsel 55 Electricity Safety Act 1998 No. 25 of 1998 Part 5—Energy efficiency Part 5—Energy efficiency S. 67 * * * * * repealed by No. 57/2009 s. 6. S. 68 68 Prescribed electrical equipment not to be supplied amended by No. 38/2000 unless registered and labelled s. 18(d), substituted by (1) A person must not supply energy efficiency No. 57/2009 s. 7. electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment. Penalty: 50 penalty units. (2) A person must not offer to supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment. Penalty: 50 penalty units. S. 68A 68A Exemptions from energy efficiency inserted by No. 57/2009 s. 7. (1) Energy Safe Victoria, on the application of a supplier of energy efficiency electrical equipment, or on its own initiative, may exempt that equipment for the purposes of section 68. (2) An exemption must be published in the Government Gazette. (3) An exemption may be subject to any conditions specified by Energy Safe Victoria in the exemption. (4) An exemption takes effect on the day specified in the exemption. Authorised by the Chief Parliamentary Counsel 56 Electricity Safety Act 1998 No. 25 of 1998 Part 5—Energy efficiency (5) In the case of an application under subsection (1), the application must— (a) be in writing; and (b) contain details of— (i) the applicant's name, telephone number, and business and postal address; and (ii) the exemption requested; and (iii) the reasons for the exemption; and (c) be accompanied by— (i) any relevant technical information; and (ii) the prescribed application fee. (6) Energy Safe Victoria may, at any time, by notice published in the Government Gazette, revoke an exemption. (7) As soon as is practicable after an exemption or revocation under this section is made, Energy Safe Victoria must notify the applicant in writing of the exemption or revocation. Authorised by the Chief Parliamentary Counsel 57 Electricity Safety Act 1998 No. 25 of 1998 Part 6—Rights of review Pt 6 (Heading and ss 69–74) Part 6—Rights of review amended by Nos 89/1998 s. 13(1)(2), 69/2000 s. 26, substituted as Pt 6 (Heading and s. 69) by No. 24/2002 s. 4. S. 69 69 Applications to review substituted by No. 24/2002 s. 4. S. 69(1) (1) A person who is aggrieved by a decision of amended by No. 39/2005 Energy Safe Victoria set out in subsection (2) may s. 48(Sch. 1 apply to the Tribunal for review of the decision. item 2). (2) An application for review may be made to the Tribunal in relation to the following— (a) a decision under Part 3— (i) to refuse to register or renew the registration of an electrical contractor; or (ii) to take disciplinary action in respect of a registered electrical contractor; or (iii) to refuse to license or renew the licence of an electrical worker; or (iv) to take disciplinary action in respect of a licensed electrical worker; or (v) to refuse to supply a certificate of electrical safety form to a registered electrical contractor, a licensed electrical installation worker or a prescribed person under section 45B(1); Authorised by the Chief Parliamentary Counsel 58 Electricity Safety Act 1998 No. 25 of 1998 Part 6—Rights of review (b) a decision under Part 4— (i) to refuse to certify the compliance of electrical equipment; or (ii) to refuse to approve prescribed electrical equipment; or (iii) to withdraw an approval of prescribed electrical equipment; (c) a prohibition under section 63; (d) a requirement under section 65; (e) a decision under the regulations under Part 5— (i) to refuse to register energy efficiency S. 69(2)(e)(i) amended by electrical equipment; or No. 57/2009 s. 8(1). (ii) to cancel the registration of energy S. 69(2)(e)(ii) amended by efficiency electrical equipment; or No. 57/2009 s. 8(2). (f) a decision under section 68A— S. 69(2)(f) inserted by No. 57/2009 (i) to exempt energy efficiency electrical s. 8(3). equipment from the regulations; or (ii) to revoke an exemption. (2A) A person to whom a rectification notice is given S. 69(2A) inserted by may apply to the Tribunal for review of either or No. 61/2007 both of the following— s. 15(1). (a) the decision to give the notice; (b) any requirement contained in the notice. (3) A person to whom a direction is given under section 141 may apply to the Tribunal for review of the direction if compliance with it— (a) would impose a significant financial burden on the person; Authorised by the Chief Parliamentary Counsel 59 Electricity Safety Act 1998 No. 25 of 1998 Part 6—Rights of review (b) would prevent the person from complying with any obligations under a licence issued under Part 2 of the Electricity Industry Act 2000. (4) A person to whom an improvement notice is issued under Part 12 may apply to the Tribunal for review of either or both of the following— (a) the decision to issue the notice; (b) any requirement contained in the notice. S. 69(5) (5) An application for review under subsection (2A), amended by No. 61/2007 (3) or (4) must be made within 7 days after the s. 15(2)(a). later of— S. 69(5)(a) (a) the day on which the improvement notice, amended by No. 61/2007 direction or rectification notice (as the case s. 15(2)(b). requires) is received by the person making the application; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. (6) Any other application for review under this section must be made within 28 days after the later of— (a) the day on which notice of the decision is received by the person; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. Authorised by the Chief Parliamentary Counsel 60 Electricity Safety Act 1998 No. 25 of 1998 Part 6—Rights of review * * * * * S. 69(7) repealed by No. 61/2007 s. 15(3). * * * * * Ss 70–74 repealed by No. 24/2002 s. 4. Authorised by the Chief Parliamentary Counsel 61 Electricity Safety Act 1998 No. 25 of 1998 Part 7—Underground electric lines and owners or operators of complex electrical installations Pt 7 (Heading) inserted by Part 7—Underground electric lines No. 57/2009 s. 9. and owners or operators of complex electrical installations S. 75 75 General duties of owners or operators of complex amended by electrical installations and railways No. 61/2007 s. 12(3), (1) An owner or operator of a complex electrical substituted by No. 57/2009 installation must take reasonable care to ensure s. 10. that all parts of the complex electrical installation that it owns or operates— (a) are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and (b) are safe and operated safely. Penalty: 1500 penalty units. (2) An owner or operator of a railway must take reasonable care to ensure that all parts of the supply network of the railway that it owns or operates— (a) are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and (b) are safe and operated safely. Penalty: 1500 penalty units.

76 — Underground electric lines

76 Underground electric lines S. 76(1) (1) A person who controls an underground electric amended by No. 61/2007 line on public land (other than an electric line s. 12(3). forming part of a railway)— (a) must maintain a record of that underground electric line; and (b) before the line is connected to an electricity supply or within 2 business days after relocating the line, give sufficient Authorised by the Chief Parliamentary Counsel 62 Electricity Safety Act 1998 No. 25 of 1998 Part 7—Underground electric lines and owners or operators of complex electrical installations information to enable every cable of the line to be located and identified to— (i) a person or body specified by Energy S. 76(1)(b)(i) amended by Safe Victoria as the asset recording No. 39/2005 service for the area in which the line is s. 48(Sch. 1 item 2). located; or (ii) if no such person or body is so specified, the distribution company for that area. Penalty: 75 penalty units. (2) A person who operates a railway must keep a S. 76(2) amended by register containing sufficient information to No. 61/2007 enable every cable of the underground electric s. 12(3). lines that are under the control of that person to be located and identified. (3) A person who operates a railway must ensure that S. 76(3) amended by the register kept under subsection (3) is available No. 61/2007 for inspection by the public during normal s. 12(3). business hours.

77 — Underground electric lines—obligations of

77 Underground electric lines—obligations of distribution companies (1) A distribution company must keep a register containing sufficient information to enable every cable of the underground electric lines that are under its control within its distribution area to be located and identified. Penalty: 75 penalty units. (2) A distribution company must record in a register kept under subsection (1) any information that is given to it under section 76 within 7 days after receiving that information. Penalty: 50 penalty units. Authorised by the Chief Parliamentary Counsel 63 Electricity Safety Act 1998 No. 25 of 1998 Part 7—Underground electric lines and owners or operators of complex electrical installations (3) A distribution company must ensure that the register kept under this section is available for inspection by the public during normal business hours. Penalty: 50 penalty units.

78 — Protection of underground electric lines

78 Protection of underground electric lines A person must not make any opening in the ground above an underground electric line so as to endanger the electric line unless authorised to do so by the person who controls that electric line. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. Authorised by the Chief Parliamentary Counsel 64 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance Part 8—Bushfire mitigation requirements for Ptamended

8 — (Heading)

8 (Heading) by certain operators and electric line clearance No. 55/2010 s. 16. Division 1—General

79 — Urban area

79 Urban area The Minister, by notice published in the Government Gazette, may specify an area as an urban area for the purposes of this Part, if the Minister has obtained the agreement of— (a) the fire control authority; and (b) any person responsible for the management of public land in the area.

80 — Fire hazard rating

80 Fire hazard rating A fire control authority— (a) may assign a fire hazard rating of "low" or S. 80(a) substituted by "high" to any area of land for the purposes of No. 24/2002 this Act or the regulations; and s. 5. (b) must give notice in writing of that rating to the Minister and every person responsible for the management of public land in any part of the area as soon as practicable after the rating is assigned.

81 — Declared area in urban area

81 Declared area in urban area (1) The Governor in Council, by Order published in the Government Gazette, may declare an area of land in an urban area for the purposes of this Part. (2) An Order under subsection (1) must contain a S. 81(2) amended by description sufficient to identify the land No. 39/2005 concerned which may include a description by s. 48(Sch. 1 item 2). reference to a map held by Energy Safe Victoria. Authorised by the Chief Parliamentary Counsel 65 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance S. 81(3) (3) Energy Safe Victoria must make a copy of any amended by map referred to in an Order under subsection (1) No. 39/2005 s. 48(Sch. 1 available at its office during business hours for item 1). any person to inspect free of charge.

82 — Operation of Part

82 Operation of Part (1) If a provision of this Part or of a regulation made for the purposes of this Part is, with respect to a particular subject-matter, inconsistent with a provision— (a) of this or any other Act or law or of a regulation, rule, by-law or Order made under this or any other Act; or (b) of any agreement— the provision of this Part or of the regulation (as the case may be) prevails and that other provision is, to the extent of the inconsistency, of no force or effect. (2) It is declared that this Part does not impose any other duty of care upon a municipality than the duty of care which that municipality would have had at law if this Part had not been enacted.

83 — Point of supply

83 Point of supply (1) If, in relation to a private electric line, the relevant distribution company is of the opinion that the point of supply as determined in accordance with the definition in section 3 is not appropriate, the relevant distribution company must determine the point of supply. (2) If, in relation to a private electric line, the responsible person is of the opinion that the point of supply as determined in accordance with section 3 is not appropriate, the responsible person may ask the relevant distribution company to determine the point of supply. Authorised by the Chief Parliamentary Counsel 66 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (3) The relevant distribution company must notify the responsible person of a determination made under subsection (1) or (2) within 14 days of making it. (4) The responsible person may within 21 days of S. 83(4) amended by receiving a notification under subsection (3) No. 39/2005 object to the determination to Energy Safe s. 48(Sch. 1 item 2). Victoria on the grounds that the determination is not reasonable. (5) Energy Safe Victoria must consider the objection S. 83(5) amended by and may vary or revoke the determination under No. 39/2005 subsection (1) or (2). s. 48(Sch. 1 item 1). (6) If the relevant distribution company fails to make S. 83(6) amended by a determination under subsection (2) within No. 39/2005 30 days after a request is made under that s. 48(Sch. 1 item 2). subsection, the responsible person may refer the matter to Energy Safe Victoria for determination. (7) Energy Safe Victoria must consider a matter S. 83(7) amended by referred under subsection (6) and must determine No. 39/2005 the point of supply. s. 48(Sch. 1 item 1). (8) Energy Safe Victoria, at the request of the S. 83(8) amended by responsible person or the relevant distribution No. 39/2005 company, may vary or revoke a determination s. 48(Sch. 1 item 1). under subsection (7). (9) A determination made under subsection (1) or (2) may be varied or revoked by the relevant distribution company in the same manner as a determination is made and is subject to the same procedures as for a determination. Authorised by the Chief Parliamentary Counsel 67 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance S. 83(10) (10) A determination made under subsection (1), (2) or amended by (7) takes effect from the date of the determination No. 39/2005 s. 48(Sch. 1 by the relevant distribution company or Energy item 2). Safe Victoria and any variation or revocation of the determination under subsection (5), (8) or (9) takes effect from the date of the variation or revocation. Pt 8 Div. 1A (Heading and Division 1A—Bushfire mitigation requirements for ss 83A, 83B) inserted by certain operators of at-risk electric lines No. 38/2000 s. 19, Subdivision 1—Interpretation amended by Nos 69/2000 s. 27, 13/2001 s. 11, 39/2005 s. 48(Sch. 1 item 2), substituted by No. 55/2010 s. 17. S. 83A 83A Definitions substituted by No. 55/2010 s. 17. In this Division— at-risk electric line means an electric line (other than a private electric line) that is— (a) above the surface of land; and (b) in a hazardous bushfire risk area; specified operator means the operator of an at-risk electric line but does not include a major electricity company. Authorised by the Chief Parliamentary Counsel 68 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance Subdivision 2—General duties in relation to bushfire mitigation plans

83B — General duty of specified operators to minimise S. 83B

83B General duty of specified operators to minimise S. 83B bushfire danger substituted by No. 55/2010 (1) A specified operator must design, construct, s. 17. operate, maintain and decommission an at-risk electric line to minimise as far as practicable the bushfire danger arising from that line. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) It is a defence to a prosecution of a specified operator for an offence relating to a breach of a duty or obligation set out in subsection (1) if the operator has complied with the accepted bushfire mitigation plan in relation to that duty or obligation.

83BA — Submission of bushfire mitigation plans for S. 83BA

83BA Submission of bushfire mitigation plans for S. 83BA inserted by acceptance No. 55/2010 s. 17. (1) A specified operator must, before 1 July in each year, prepare and submit to Energy Safe Victoria, for acceptance under Subdivision 3, a plan for the operator's proposals for the mitigation of bushfire in relation to the operator's at-risk electric lines. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A bushfire mitigation plan under subsection (1)— (a) must be in or to the effect of a form approved by Energy Safe Victoria; and (b) must include the prescribed particulars. Authorised by the Chief Parliamentary Counsel 69 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (3) A specified operator must cause a copy of an accepted bushfire mitigation plan to be available for inspection— (a) on the operator's Internet site; and (b) at the operator's principal office in the State during ordinary business hours. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. S. 83BB 83BB Compliance with bushfire mitigation plan inserted by No. 55/2010 s. 17. (1) During the specified bushfire risk period, a specified operator must not commence to commission, or operate, an at-risk electric line unless a bushfire mitigation plan that applies to the operator's at-risk electric lines has been accepted or provisionally accepted under Subdivision 3. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A specified operator must comply with an accepted bushfire mitigation plan that applies to the operator's at-risk electric lines. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (3) Subsection (1) does not apply to a specified operator who has a reasonable excuse. Authorised by the Chief Parliamentary Counsel 70 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (4) For the purposes of subsection (1), it is a reasonable excuse for a specified operator not to comply with subsection (1) if— (a) there is no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines; and (b) the reason for there being no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines is that— (i) Energy Safe Victoria failed to accept the operator's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria; and (ii) that failure arose because of unreasonable delay on Energy Safe Victoria's part. (5) For the purposes of subsection (1), it is not a reasonable excuse for a specified operator not to comply with subsection (1) if— (a) there is no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines; and (b) the reason for there being no accepted bushfire mitigation plan that applies to the operator's at-risk electric lines is that— (i) Energy Safe Victoria failed to accept the operator's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the operator that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or Authorised by the Chief Parliamentary Counsel 71 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (ii) Energy Safe Victoria has not accepted a plan under section 83BG. (6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse. Subdivision 3—Acceptance and validation of bushfire mitigation plans S. 83BC 83BC Validation of bushfire mitigation plans inserted by No. 55/2010 (1) If a bushfire mitigation plan has been submitted s. 17. by a specified operator under section 83BA, Energy Safe Victoria may require the operator to obtain an independent validation of that plan or any part of that plan. (2) The specified operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a bushfire mitigation plan has the necessary competence and ability and access to information to arrive at an independent opinion in respect of the plan. (3) If Energy Safe Victoria requires a specified operator to provide an independent validation of a bushfire mitigation plan or part of a plan, the costs of that validation must be borne by the operator. (4) Energy Safe Victoria is not required to proceed with the consideration of a bushfire mitigation plan under this Subdivision until the independent validation is provided. S. 83BD 83BD Additional information inserted by No. 55/2010 s. 17. (1) Energy Safe Victoria may require a specified operator to provide any additional information that Energy Safe Victoria thinks fit in relation to a bushfire mitigation plan submitted by the operator under section 83BA. Authorised by the Chief Parliamentary Counsel 72 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (2) Energy Safe Victoria is not required to proceed with the consideration of a bushfire mitigation plan under this Subdivision until the additional information is provided.

83BE — Acceptance of bushfire mitigation plan S. 83BE

83BE Acceptance of bushfire mitigation plan S. 83BE inserted by No. 55/2010 (1) Energy Safe Victoria must consider a bushfire s. 17. mitigation plan submitted under section 83BA with as much expedition as the requirements of this Act and the regulations and the proper consideration of the plan permit. (2) Energy Safe Victoria must accept a bushfire mitigation plan submitted under section 83BA if it is satisfied that the plan is appropriate for the at-risk electric lines to which it relates. (3) Energy Safe Victoria must notify the specified operator in writing of its decision to accept a bushfire mitigation plan.

83BF — Provisional acceptance of bushfire mitigation plan S. 83BF

83BF Provisional acceptance of bushfire mitigation plan S. 83BF inserted by No. 55/2010 (1) Energy Safe Victoria may provisionally accept a s. 17. bushfire mitigation plan submitted under section 83BA if it is satisfied that the plan will minimise the bushfire danger arising from the at-risk electric lines to which the plan applies. (2) Energy Safe Victoria must notify the operator that submitted the bushfire mitigation plan, in writing, of its decision to provisionally accept the plan. (3) The notice of provisional acceptance must state— (a) the period that the provisional acceptance will be in force; and (b) the extent to which the bushfire mitigation plan has been accepted; and (c) any limitations or conditions which will apply in respect of the accepted bushfire mitigation plan or part of the plan. Authorised by the Chief Parliamentary Counsel 73 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance S. 83BG 83BG Non-acceptance of bushfire mitigation plan inserted by No. 55/2010 (1) If Energy Safe Victoria does not accept or s. 17. provisionally accept a bushfire mitigation plan submitted to it under section 83BA, it must— (a) notify the specified operator that submitted the plan in writing of the non-acceptance; and (b) give the operator an opportunity to modify and re-submit the bushfire mitigation plan. (2) A modified bushfire mitigation plan must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1). (3) If, after considering any modified bushfire mitigation plan submitted under this section, Energy Safe Victoria decides not to accept the plan, Energy Safe Victoria must give notice in writing of that decision to the specified operator that submitted the plan. (4) A notice under this section must be accompanied by a statement of the reasons for the decision. S. 83BH 83BH Energy Safe Victoria may determine bushfire inserted by No. 55/2010 mitigation plan s. 17. (1) Energy Safe Victoria may determine the bushfire mitigation plan which is to apply in relation to a specified operator's at-risk electric lines. (2) Energy Safe Victoria may make a determination under subsection (1) if— (a) a specified operator fails to submit a bushfire mitigation plan under section 83BA that relates to the operator's at-risk electric lines; or Authorised by the Chief Parliamentary Counsel 74 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (b) Energy Safe Victoria has decided not to accept a bushfire mitigation plan submitted under section 83BA that relates to a specified operator's at-risk electric lines. (3) If Energy Safe Victoria determines the bushfire mitigation plan to apply to a specified operator's at-risk electric lines under this section, Energy Safe Victoria must give notice in writing to the operator of that determination. (4) On notice being given to the specified operator under subsection (3), the bushfire mitigation plan determined by Energy Safe Victoria is taken for the purposes of this Act to be the accepted bushfire mitigation plan for that operator's at-risk electric lines. (5) Nothing in subsection (4) prevents a specified operator from submitting a bushfire mitigation plan under section 83BA in relation to the operator's at-risk electric lines for acceptance under this Subdivision.

83BI — Duration of accepted bushfire mitigation plan S. 83BI

83BI Duration of accepted bushfire mitigation plan S. 83BI inserted by No. 55/2010 An accepted bushfire mitigation plan ceases to s. 17. have effect on 30 June in the year after it is accepted under this Subdivision.

83BJ — Compliance audits for accepted bushfire mitigation S. 83BJ

83BJ Compliance audits for accepted bushfire mitigation S. 83BJ inserted by plans—independent audits No. 55/2010 s. 17. (1) Energy Safe Victoria may require a specified operator— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the operator's compliance with an accepted bushfire mitigation plan; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. Authorised by the Chief Parliamentary Counsel 75 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (2) The specified 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 operator and the accepted bushfire mitigation plan to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a specified operator to obtain an independent audit under this section, the costs of that audit must be borne by the operator. (4) A specified operator must comply with a requirement of Energy Safe Victoria under this section. Penalty: 200 penalty units. S. 83BK 83BK Compliance audits—Energy Safe Victoria inserted by No. 55/2010 s. 17. Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a specified operator is satisfactorily complying with an accepted bushfire mitigation plan. Division 2—Responsibility for maintenance of lines Pt 8 Div. 2 Subdiv. 1 Subdivision 1—Persons responsible for (Heading) inserted by maintaining lines No. 2/2014 s. 6(1). S. 84 84 Requirement to keep trees clear of electric lines— amended by No. 12/2004 distribution companies s. 155, substituted by A distribution company is responsible for the No. 2/2014 s. 7. keeping of the whole or any part of a tree clear of an electric line within its distribution area unless under this Subdivision another person is responsible for— Authorised by the Chief Parliamentary Counsel 76 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (a) the maintenance of the line; or (b) the keeping of the whole or any part of a tree clear of the line. Note Section 3 defines maintenance in relation to an electric line or a private electric line as including the keeping of the whole or any part of a tree clear of the line.

84A — Requirement to maintain line—occupiers of land S. 84A

84A Requirement to maintain line—occupiers of land S. 84A inserted by with private or low voltage electric lines No. 2/2014 s. 7. (1) An occupier of land above or below the surface of which there is a private electric line is responsible for the maintenance of that line. Note Section 3 defines maintenance in relation to a private electric line as including the keeping of the whole or any part of a tree clear of the line. (2) An occupier of land on which there is a low voltage electric line which solely services that land is responsible for the keeping of the whole or any part of a tree situated on the land clear of that line.

84B — Requirement to keep trees clear of private electric S. 84B

84B Requirement to keep trees clear of private electric S. 84B inserted by lines—occupiers of contiguous land No. 2/2014 s. 7. (1) An occupier of land that is contiguous to land on which there is a private electric line is responsible for the keeping of the whole or any part of a tree situated on the occupier's land clear of the line. (2) For the purposes of this section, the occupier may enter onto the land on which there is a private electric line and perform any acts necessary to keep a tree clear of the line. Authorised by the Chief Parliamentary Counsel 77 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance S. 84C 84C Requirement to keep trees clear of electric lines— inserted by Councils No. 2/2014 s. 7. A Council responsible for the management of public land in an area of land declared under section 81 is responsible for the keeping of the whole or any part of a tree situated on that land clear of an electric line that is not a private electric line. S. 84D 84D Requirement to keep trees clear of electric lines— inserted by No. 2/2014 other persons s. 7. A person (other than a distribution company) who owns or operates an electric line, or installs or uses an electric line under an Act of the Commonwealth, is responsible for the keeping of the whole or any part of a tree clear of the electric line. Pt 8 Div. 2 Subdiv. 2 Subdivision 2—Other matters (Heading) inserted by No. 2/2014 s. 6(2).

85 — Exercise of powers with respect to lines

85 Exercise of powers with respect to lines S. 85 Energy Safe Victoria or the relevant distribution amended by Nos 62/2001 company or the relevant transmission company s. 75, 39/2005 may, subject to any code applying in relation to s. 48(Sch. 1 item 1). the exercise of powers under this section issued by the Essential Services Commission under the Essential Services Commission Act 2001, exercise the following powers in relation to electric lines— (a) the power to enter onto land at any reasonable time for the purposes of inspecting an electric line and to remain on the land for so long as is necessary to inspect the line; and Authorised by the Chief Parliamentary Counsel 78 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (b) the power, with the agreement of Energy S. 85(b) Safe Victoria, to order that any electric line amended by No. 39/2005 proposed to be constructed or to be s. 48(Sch. 1 substantially reconstructed be placed item 2). underground; and (c) the power, upon production of a certificate in S. 85(c) amended by a form approved by Energy Safe Victoria Nos 39/2005 and issued by the relevant distribution s. 48(Sch. 1 item 2), 2/2014 company or the relevant transmission s. 8(1). company and at any reasonable time, to enter onto and remain on any land, for as long as is necessary for the carrying out of any work which is required to be carried out by Energy Safe Victoria or distribution company or transmission company to fulfil its responsibilities under section 84 or 84D.

86 — Failure to maintain lines

86 Failure to maintain lines (1) Energy Safe Victoria or, with the approval of S. 86(1) amended by Energy Safe Victoria, the relevant distribution Nos 89/1998 company, may by notice in writing require a s. 14(1), 39/2005 person to perform acts specified in the notice for s. 48(Sch. 1 the purpose of keeping the whole or any part of a items 1, 2). tree clear of an electric line in respect of which that person is the responsible person within a time specified in the notice being, subject to subsection (4), not less than 14 days after the date of the notice. (2) If— S. 86(2) amended by No. 39/2005 (a) there is an electric line above or below the s. 48(Sch. 1 surface of land in respect of which there is in item 2). force a planning scheme; and Authorised by the Chief Parliamentary Counsel 79 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (b) the planning scheme requires a permit to be obtained to trim or remove trees on the land— a person required by Energy Safe Victoria or the relevant distribution company by notice in writing under subsection (1) to perform any act for the purpose of keeping the whole or any part of a tree clear of the line must, before taking any action to comply with the notice, obtain any necessary permit pursuant to the Planning and Environment Act 1987 in respect of the action necessary to comply with the notice unless an officer or employee of Energy Safe Victoria or the relevant distribution company considers the line to be in such a dangerous condition that urgent compliance with the notice is necessary. S. 86(2A) (2A) Despite subsection (2), a relevant transmission inserted by No. 59/2011 company or a relevant distribution company is not s. 14(1). required to obtain a permit pursuant to the Planning and Environment Act 1987 in respect of any action necessary to comply with a notice in writing under subsection (1) if the action is carried out in accordance with the Code. (3) If— S. 86(3)(a) (a) Energy Safe Victoria or the relevant amended by No. 39/2005 distribution company has by notice pursuant s. 48(Sch. 1 to subsection (1) required a person to item 2). perform acts for the purpose of keeping the whole or any part of a tree clear of an electric line; and S. 86(3)(b) (b) the time for compliance with the notice is amended by No. 11/2002 greater than 14 days; and s. 3(Sch. 1 item 21). Authorised by the Chief Parliamentary Counsel 80 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (c) the person is required under subsection (2) to obtain a permit— the person— (d) must apply for the permit within 14 days of the receipt of the notice; and (e) must perform all acts specified in the notice within 21 days of obtaining the permit. (4) If Energy Safe Victoria or the relevant distribution S. 86(4) amended by company considers that urgent compliance with No. 39/2005 the notice under subsection (1) is necessary, the s. 48(Sch. 1 item 2). notice may require the person to comply with it within 14 days of the date of the notice. (5) If the responsible person in relation to a private S. 86(5) amended by electric line or an electric line of a relevant No. 39/2005 distribution company— s. 48(Sch. 1 item 2). (a) is unable to comply with a notice under this section; or (b) is unable to perform the duties under the Code; or (c) would put personal safety at risk if the person performed the duties under the Code or under a notice under this section; or (d) refuses— (i) to comply with a notice under this section; or (ii) to perform the duties under the Code— the relevant distribution company may, with the agreement of Energy Safe Victoria, and must, if Energy Safe Victoria so directs, carry out the duties and perform any work necessary to ensure that the whole or any part of a tree is kept clear of the line and, if the relevant distribution company does so, the responsible person referred to in paragraph (a), (b) or (c) (as the case may be) is not Authorised by the Chief Parliamentary Counsel 81 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance guilty of an offence for failing to perform the duties under the Code. S. 86(6) (6) In order to carry out work under subsection (5) an amended by No. 39/2005 officer, employee or agent of the relevant s. 48(Sch. 1 distribution company may at any reasonable time item 2). and upon production of a certificate issued by Energy Safe Victoria or the relevant distribution company enter onto and remain on any land where that work is to be carried out for as long as is necessary for the carrying out of the work. (7) The relevant distribution company may recover the costs of carrying out any work under subsection (5) from the responsible person. S. 86(8) (8) Despite the provisions of any other Act, if the amended by No. 2/2014 relevant distribution company is the responsible s. 8(2)(a). person under section 84, the relevant distribution company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code. S. 86(8A) (8A) Despite the provisions of any other Act, if a inserted by No. 59/2011 transmission company is the responsible person s. 14(2), under section 84D, the relevant transmission amended by No. 2/2014 company is not required to obtain any permit s. 8(2)(b). under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code. S. 86(9) (9) Despite the provisions of— amended by No. 2/2014 s. 8(2)(c). (a) section 77 of the Forests Act 1958; or Authorised by the Chief Parliamentary Counsel 82 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (b) section 56(2)(l) of the Transport S. 86(9)(b) (Compliance and Miscellaneous) Act 1983; amended by No. 6/2010 or s. 203(1)(Sch. 6 item 16.2) (as amended by No. 45/2010 s. 22). (c) regulations made under or having effect as if made under either of those sections— it is not necessary for a responsible person under section 84, 84C or 84D to obtain the authority or permission of the Secretary to the Department of Natural Resources and Environment or the Roads Corporation in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under Subdivision 1 or under a notice under this section. (9A) Despite section 63 of the Road Management S. 86(9A) inserted by Act 2004, it is not necessary for a responsible No. 12/2004 person under section 84, 84C or 84D to obtain the s. 171, amended by written consent of the coordinating road authority No. 2/2014 under the Road Management Act 2004 in respect s. 8(2)(d). of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is required under Subdivision 1 or under a notice under this section. (10) The relevant distribution company, in exercising a S. 86(10) amended by power under this section, must comply with any No. 62/2001 code applying in relation to the exercise of that s. 75. power issued by the Essential Services Commission under the Essential Services Commission Act 2001. (10A) Despite anything to the contrary in this section, S. 86(10A) inserted by subsection (1) does not empower the relevant No. 89/1998 distribution company to give a notice under that s. 14(2), amended by subsection to a transmission company or to the No. 61/2007 operator of a railway. s. 12(3). Authorised by the Chief Parliamentary Counsel 83 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (11) A person must not contravene or fail to comply with this section. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. S. 86A 86A Energy Safe Victoria may give directions for inserted by No. 55/2010 restriction or prevention of tree growth s. 18. (1) If Energy Safe Victoria is satisfied that it is necessary to do so in order to prevent future unsafe electrical situations, Energy Safe Victoria may, in writing, direct a specified person— (a) to restrict or cease the planting of specified trees or species or classes of tree in the immediate area around an electric line; or (b) to clear specified trees or species or classes of tree from the immediate area around an electric line; or (c) to do any other thing necessary to minimise or prevent growth of specified trees or species or classes of tree in the immediate area around an electric line. (2) A direction under subsection (1) must be reasonable. (3) In this section, specified person means the owner or occupier of land in the area of an electric line or the relevant distribution company or relevant transmission company that owns or operates the electric line. Authorised by the Chief Parliamentary Counsel 84 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (4) A specified person must comply with a direction under subsection (1) that applies to the specified person. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Pt 8 Div. 2A Division 2A—Electric lines and municipal fire (Heading and prevention plans s. 86B) inserted by No. 55/2010 s. 19.

86B — Municipal fire prevention plans must specify S. 86B

86B Municipal fire prevention plans must specify S. 86B inserted by procedures for the identification of trees that are No. 55/2010 hazardous to electric lines s. 19, amended by No. 2/2014 Without limiting section 55A of the Country Fire s. 9. Authority Act 1958, a Council must, in a municipal fire prevention plan required to be prepared and maintained under that section, specify— (a) procedures and criteria for the identification of trees that are likely to fall onto, or come into contact with, an electric line (hazard trees); and (b) procedures for the notification of responsible persons of trees that are hazard trees in relation to electric lines for which they are responsible. Authorised by the Chief Parliamentary Counsel 85 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance Division 3—Electric Line Clearance Consultative Committee

87 — Constitution of Committee

87 Constitution of Committee S. 87(1) (1) There shall be an Electric Line Clearance amended by No. 38/2000 Consultative Committee. s. 24(e). (2) The Committee shall be constituted by 13 members to be appointed by the Minister. (3) The Minister must appoint one of the members of the Committee to be the chairperson. (4) A member shall be appointed for such period not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment. (5) The Committee is to be constituted by— S. 87(5)(a) (a) an officer or employee of the Roads amended by No. 6/2010 Corporation, nominated by the Minister s. 203(1)(Sch. 6 administering the Transport Integration item 16.3) (as amended by Act 2010; and No. 45/2010 s. 22). (b) an officer or employee of the Country Fire Authority, nominated by the Minister administering the Country Fire Authority Act 1958; and (c) 3 persons selected by the Minister from nominations given to the Minister by the distribution companies; and (d) a person selected by the Minister from nominations given to the Minister by the transmission companies; and S. 87(5)(e) (e) an officer or employee in the Department of amended by Nos 25/2004 Environment and Primary Industries, s. 23, 70/2013 nominated by the Minister administering the s. 4(Sch. 2 item 16). Forests Act 1958; and Authorised by the Chief Parliamentary Counsel 86 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (f) 5 other members to be appointed from S. 87(5)(f) interested persons after the advertisement of amended by No. 55/2010 the positions by the Minister including— s. 21(1). (i) a member with skills in land management and nature conservation nominated by the Minister administering the Forests Act 1958; and (ii) 2 persons each of whom is a private land owner or a person representing the interests of private land owners nominated by the Minister administering the Dairy Industry Act 1992; and (iii) a person representing the interests of Local Government; and (iv) a person with environmental or S. 87(5)(f)(iv) amended by planning expertise nominated by the No. 55/2010 Minister administering the Planning s. 21(2). and Environment Act 1987; and (g) an officer or employee of Energy Safe S. 87(5)(g) inserted by Victoria nominated by the Minister No. 55/2010 administering the Energy Safe Victoria s. 21(3). Act 2005. (6) The Minister must determine the remuneration (if any) and the travelling and other allowances of members and any other terms and conditions of appointment of members. (7) If the chairperson is not present at the time fixed for the commencement of a meeting of the committee, the members present must elect one of their number as acting chairperson to preside at that meeting. Authorised by the Chief Parliamentary Counsel 87 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance S. 87(8) (8) The Electric Line Clearance Consultative amended by Committee is the same body as the Powerline No. 38/2000 s. 24(f). Clearance Consultative Committee existing under the State Electricity Commission Act 1958 immediately before the commencement of this section despite any change in its membership.

88 — Functions of the Committee

88 Functions of the Committee The Electric Line Clearance Consultative Committee must— S. 88(a) (a) provide advice to Energy Safe Victoria with amended by No. 39/2005 regard to the preparation and maintenance of s. 48(Sch. 1 the Code; item 2). S. 88(b) (b) provide advice on any matter relating to the amended by No. 39/2005 clearance of electric lines when requested so s. 48(Sch. 1 to do by Energy Safe Victoria or the item 2). Minister; (c) report before 30 September in each year to the Minister on the performance of its functions. S. 88A 88A Committee to consider reliability and security of inserted by No. 55/2010 electricity supply s. 22. In performing its functions under section 88, the Electric Line Clearance Consultative Committee may have regard to the reliability and security of electricity supply.

89 — Procedure for Code

89 Procedure for Code S. 89(1) (1) Energy Safe Victoria must, before the Governor in amended by No. 39/2005 Council makes regulations prescribing the Code s. 48(Sch. 1 of Practice or amending or varying the Code— item 1). (a) refer to the Committee all matters with respect to the contents of those regulations; and Authorised by the Chief Parliamentary Counsel 88 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance (b) make a draft of those regulations available to the public for comment for a period of 90 days; and (c) consider any comments on the draft made to S. 89(1)(c) amended by Energy Safe Victoria during that period. No. 39/2005 s. 48(Sch. 1 item 2). (2) There shall at all times be in force regulations prescribing the Code but no such regulations shall continue in force for more than 5 years after the date of their coming into operation. (3) The regulations must prescribe the provisions of the Code that are, for the purposes of section 90, penalty provisions. (4) A regulation shall not be invalidated or affected by reason only of a failure to comply with subsection (1) with respect to that regulation. (5) Energy Safe Victoria must cause the Code to be S. 89(5) amended by published in the Government Gazette. No. 39/2005 s. 48(Sch. 1 item 1).

90 — Offences against Code

90 Offences against Code A person must not contravene or fail to comply with a prescribed provision of the Code. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. Authorised by the Chief Parliamentary Counsel 89 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance Pt 8 Div. 4 Division 4—Compliance audits in relation to (Heading and ss 90A–90C) compliance with the Code inserted by No. 55/2010 s. 20, substituted as Pt 8 Div. 4 (Heading and ss 90A, 90B) by No. 59/2011 s. 15. S. 90A 90A Compliance audits in relation to compliance with substituted by Code—Energy Safe Victoria No. 59/2011 s. 15. (1) Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the Code. S. 90A(2) * * * * * repealed by No. 2/2014 s. 8(3). S. 90B 90B Compliance audits in relation to compliance with substituted by No. 59/2011 Code—independent audits s. 15. (1) Energy Safe Victoria may require a responsible person— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the Code; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The responsible person 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 responsible Authorised by the Chief Parliamentary Counsel 90 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance person to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person. (4) A responsible person must comply with a requirement of Energy Safe Victoria under this section. Penalty: 200 penalty units. (5) In this section, responsible person means a person S. 90B(5) amended by referred to in section 84, 84C or 84D. No. 2/2014 s. 8(4). Pt 8 Div. 5 Division 5—Compliance audits in relation to (Heading and compliance with the management plan ss 90C–90E) inserted by No. 59/2011 s. 15.

90C — Application S. 90C

90C Application S. 90C substituted by No. 59/2011 (1) This Division applies to a responsible person who s. 15. is required by the regulations to prepare a management plan relating to compliance with the Code. (2) In subsection (1) responsible person means a S. 90C(2) amended by person referred to in section 84, 84C or 84D. No. 2/2014 s. 8(4).

90D — Compliance audits for management plans—Energy S. 90D

90D Compliance audits for management plans—Energy S. 90D inserted by Safe Victoria No. 59/2011 s. 15. Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the management plan. Authorised by the Chief Parliamentary Counsel 91 Electricity Safety Act 1998 No. 25 of 1998 Part 8—Bushfire mitigation requirements for certain operators and electric line clearance S. 90E 90E Compliance audits for management plans— inserted by independent audits No. 59/2011 s. 15. (1) Energy Safe Victoria may require a responsible person— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the management plan; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The responsible person 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 responsible person and the management plan to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person. (4) A responsible person must comply with a requirement of Energy Safe Victoria under this section. Penalty: 200 penalty units. Authorised by the Chief Parliamentary Counsel 92 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion Part 9—Cathodic protection and mitigation of stray current corrosion

91 — Victorian Electrolysis Committee

91 Victorian Electrolysis Committee (1) There is established a committee to be called the Victorian Electrolysis Committee. (2) The Committee shall be constituted by 8 members S. 91(2) amended by to be appointed by the Minister. No. 61/2007 s. 16(1). (3) The Minister must appoint one of the members of the Committee to be the chairperson. (4) A member shall be appointed for such period not exceeding 3 years as is specified in the instrument of appointment and is eligible for re-appointment. (5) The Committee is to be constituted by— (a) a person nominated by Energy Safe Victoria; S. 91(5)(a) amended by No. 39/2005 s. 48(Sch. 1 item 2). (b) a person representing the interests of train S. 91(5)(b) substituted by operators nominated by the Minister No. 61/2007 administering the Transport (Compliance s. 16(2), amended by and Miscellaneous) Act 1983; No. 6/2010 s. 203(1)(Sch. 6 item 16.4) (as amended by No. 45/2010 s. 22). (ba) a person representing the interests of tram S. 91(5)(ba) inserted by operators nominated by the Minister No. 61/2007 administering the Transport (Compliance s. 16(2), amended by and Miscellaneous) Act 1983; No. 6/2010 s. 203(1)(Sch. 6 item 16.5) (as amended by No. 45/2010 s. 22). Authorised by the Chief Parliamentary Counsel 93 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion (c) a person selected by the Minister from nominations given to the Minister by the distribution companies; (d) a person selected by the Minister administering the Water Industry Act 1994 from nominations given to the Minister by the water companies within the meaning of that Act; S. 91(5)(e) (e) a person nominated by the Minister amended by No. 32/2001 administering the Gas Safety Act 1997; s. 29. (f) a person selected by the Minister from nominations given to the Minister by the carriers under the Telecommunications Act 1997 of the Commonwealth; (g) a person nominated by the Australian Institute of Petroleum Ltd. (6) The Minister must determine the remuneration (if any) and the travelling and other allowances of members and any other terms and conditions of appointment of members. (7) If the chairperson is not present at the time fixed for the commencement of a meeting of the Committee, the members present must elect one of their number as acting chairperson to preside at that meeting. (8) Each member of the Committee, with the consent of the Minister, may nominate an alternate member. Authorised by the Chief Parliamentary Counsel 94 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion (9) An alternate member may act in place of the member for whom he or she is the alternate member if the member is unable to attend a meeting of the Committee. (10) An alternate member has all the functions of the member when acting in the place of that member.

92 — Functions of the Committee

92 Functions of the Committee The Victorian Electrolysis Committee must— (a) establish and maintain standards for systems for cathodic protection and for the mitigation of stray current corrosion; and (b) provide advice to Energy Safe Victoria on S. 92(b) amended by any matter related to electrolysis and the No. 39/2005 regulations relating to the cathodic protection s. 48(Sch. 1 item 2). and to the mitigation of stray current corrosion, when requested to do so by Energy Safe Victoria; and (c) encourage the development of new methods and technology to increase the efficiency of systems for the mitigation of stray current corrosion.

93 — Operation of cathodic protection systems S. 93

93 Operation of cathodic protection systems S. 93 amended by No. 39/2005 (1) The owner of a cathodic protection system must s. 48(Sch. 1 not operate or allow another person to operate that item 2), substituted by system unless it is registered by Energy Safe No. 25/2008 Victoria in accordance with the regulations. s. 6. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 95 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion (2) The owner of a cathodic protection system must ensure that the system is operated in accordance with— (a) this Act and the regulations; and (b) any conditions to which the registration is subject. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. S. 93A 93A Evidentiary provision—operation of cathodic inserted by No. 25/2008 protection systems s. 6. (1) This section applies if— (a) the person operating a cathodic protection system is not the owner of that system; and (b) that person is operating that system under the authority or with the consent of the owner of that system. (2) The owner of a cathodic protection system is not guilty of an offence under section 93(2) if the owner reasonably believed that the system was operated by the person in accordance with— (a) this Act and the regulations; and (b) any conditions to which the registration is subject. Authorised by the Chief Parliamentary Counsel 96 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion

94 — Railway operator—duty in relation to stray S. 94

94 Railway operator—duty in relation to stray S. 94 electrical current leakage (Heading) inserted by A person who is the operator of a railway must No. 61/2007 s. 12(4)(a). ensure that that railway is designed, installed, S. 94 operated and maintained in such a manner as to amended by No. 61/2007 minimise the risks to safety of any person and the s. 12(4)(b)(c). risks of damage to property arising from the leakage of stray electrical currents from that railway. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units.

95 — Mitigation systems

95 Mitigation systems (1) If, in the opinion of Energy Safe Victoria, a S. 95(1) amended by system is required to be installed to mitigate the No. 39/2005 effects of stray current corrosion, Energy Safe s. 48(Sch. 1 item 2). Victoria may, by notice in writing, direct any person whose assets are the cause of or are affected by the stray current corrosion to take action to install, operate and maintain a mitigation system in the manner specified in the direction and in accordance with the regulations. (2) A person to whom a notice is given under this section must comply with the directions in the notice. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 97 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion S. 96 96 Directions of Energy Safe Victoria (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 8). S. 96(1) (1) Energy Safe Victoria from time to time by notice amended by No. 39/2005 in writing may require a person who is the s. 48(Sch. 1 operator of a cathodic protection system or items 1, 2). mitigation system to carry out such tests of the system and such modifications to or replacement of the system as Energy Safe Victoria directs. (2) A person to whom a notice is given under this section must comply with the directions in the notice. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units.

97 — Costs in relation to mitigation systems

97 Costs in relation to mitigation systems S. 97(1) (1) If a person is required under this Act or the amended by No. 39/2005 regulations to carry out any action in relation to a s. 48(Sch. 1 mitigation system, Energy Safe Victoria may item 2). require the person to contribute to the cost of that action an amount or amounts determined by Energy Safe Victoria after consultation with the Victorian Electrolysis Committee. S. 97(2) (2) Energy Safe Victoria may require a person or amended by No. 39/2005 body whose assets are affected by any action s. 48(Sch. 1 carried out under this Act or the regulations in items 1, 2). relation to a mitigation system to contribute to the cost of that action an amount or amounts determined by Energy Safe Victoria after consultation with the Victorian Electrolysis Committee. Authorised by the Chief Parliamentary Counsel 98 Electricity Safety Act 1998 No. 25 of 1998 Part 9—Cathodic protection and mitigation of stray current corrosion (3) If a person is required under this Act or the S. 97(3) regulations to carry out any action in relation to a amended by No. 39/2005 mitigation system, Energy Safe Victoria, after s. 48(Sch. 1 consultation with the Victorian Electrolysis item 2). Committee, may carry out that action on behalf of that person. (4) Subject to subsection (2), if Energy Safe Victoria S. 97(4) amended by carries out an action under subsection (3) it may No. 39/2005 recover the costs of that action from the person s. 48(Sch. 1 item 9). who is required to carry out that action. (5) Any amount determined under subsection (1), (2) S. 97(5) amended by or (4) may be recovered by Energy Safe Victoria No. 39/2005 in any court of competent jurisdiction as a debt s. 48(Sch. 1 item 2). due to Energy Safe Victoria. (6) In this section action, in relation to a mitigation system, means installation, testing, modification, maintenance or replacement. Authorised by the Chief Parliamentary Counsel 99 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management Pt 10 (Headings Part 10—Electricity safety management and ss 98–120) amended by Nos 89/1998 ss 15–21, 38/2000 s. 20, 13/2001 s. 12, 25/2004 s. 22, 33/2005 s. 3(2), 39/2005 s. 48(Sch. 1 items 1, 2, 10–12), 29/2006 s. 3(Sch. 1 item 10), substituted as Pt 10 (Headings and ss 98– 120J) by No. 61/2007 s. 7 (as amended by Nos 25/2008 s. 20, 57/2009 s. 16). Pt 10 Div. 1AA * * * * * (Heading and s. 98AA) inserted by No. 55/2010 s. 23, repealed by No. 59/2011 s. 3. Division 1—General duty of major electricity companies S. 98 98 General duty of major electricity companies substituted by No. 61/2007 A major electricity company must design, s. 7. construct, operate, maintain and decommission its supply network to minimise as far as practicable— Authorised by the Chief Parliamentary Counsel 100 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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 S. 98(b) amended by property of any person arising from the No. 55/2010 supply network; and s. 24(1). (c) the bushfire danger arising from the supply S. 98(c) inserted by network. No. 55/2010 s. 24(2), substituted by No. 59/2011 s. 4. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. Division 2—Mandatory electricity safety management schemes (major electricity companies)

99 — Electricity safety management scheme S. 99

99 Electricity safety management scheme S. 99 substituted by (1) A major electricity company must submit an No. 61/2007 electricity safety management scheme to Energy s. 7. 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— Authorised by the Chief Parliamentary Counsel 101 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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. S. 99(2A) (2A) Without limiting subsection (2)(b), an electricity inserted by No. 55/2010 safety management scheme must include a plan s. 25, for the mitigation of bushfire danger in relation to amended by No. 59/2011 the major electricity company's supply network. s. 5. (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. (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. S. 100 100 Validation of electricity safety management scheme substituted by No. 61/2007 for a supply network s. 7. (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. Authorised by the Chief Parliamentary Counsel 102 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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. (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 S. 101

101 Additional information S. 101 substituted by No. 61/2007 (1) Energy Safe Victoria may require a major s. 7. 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. Authorised by the Chief Parliamentary Counsel 103 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management S. 102 102 Acceptance of electricity safety management scheme substituted by No. 61/2007 (1) Energy Safe Victoria must consider an electricity s. 7. 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 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. S. 103 103 Provisional acceptance of electricity safety substituted by No. 61/2007 management scheme s. 7. (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 Authorised by the Chief Parliamentary Counsel 104 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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.

104 — Non-acceptance of electricity safety management S. 104

104 Non-acceptance of electricity safety management S. 104 substituted by scheme No. 61/2007 s. 7. (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 S. 105

105 Energy Safe Victoria may determine electricity S. 105 substituted by safety management scheme No. 61/2007 s. 7. (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— Authorised by the Chief Parliamentary Counsel 105 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (a) the major electricity company fails to submit an electricity safety management scheme for the supply 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. S. 105A * * * * * inserted by No. 55/2010 s. 26, amended by No. 59/2011 s. 6, repealed by No. 2/2014 s. 10. Authorised by the Chief Parliamentary Counsel 106 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management

106 — Compliance with electricity safety management S. 106

106 Compliance with electricity safety management S. 106 scheme substituted by No. 61/2007 (1) A major electricity company must not commence s. 7. 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. (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 Authorised by the Chief Parliamentary Counsel 107 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management risk to the safety of any person or property arising from the supply network or the ranking of risk contributing factors; or (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. S. 107 107 Revision of electricity safety management scheme— substituted by No. 61/2007 change s. 7. 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. Authorised by the Chief Parliamentary Counsel 108 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management

108 — Revision of electricity safety management scheme— S. 108

108 Revision of electricity safety management scheme— S. 108 each 5 years substituted by No. 61/2007 A major electricity company must submit a s. 7. 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 S. 109

109 Energy Safe Victoria may request submission of a S. 109 substituted by revised electricity safety management scheme No. 61/2007 s. 7. (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. Authorised by the Chief Parliamentary Counsel 109 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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. S. 110 110 Offence to fail to submit revised electricity safety substituted by No. 61/2007 management scheme on request s. 7. 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 Authorised by the Chief Parliamentary Counsel 110 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management 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 S. 111

111 Application of provisions to revised electricity safety S. 111 substituted by management scheme No. 61/2007 s. 7. 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 — Revisions that do not relate to bushfire mitigation S. 112

112 Revisions that do not relate to bushfire mitigation S. 112 substituted by No. 61/2007 (1) This section applies if— s. 7, repealed by (a) a major electricity company is required, or No. 55/2010 has been requested, to submit a revised s. 28, new s. 112 electricity safety management scheme to inserted by Energy Safe Victoria under section 107 No. 2/2014 s. 11. or 109; and Authorised by the Chief Parliamentary Counsel 111 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (b) the matter giving rise to that requirement or forming the basis of the request does not relate to that part of the scheme that is an accepted bushfire mitigation plan. Note See also section 113D(1). (2) Despite anything to the contrary in this Division or Division 2A, the company is not required to submit to Energy Safe Victoria a revised bushfire mitigation plan as part of the revised electricity safety management scheme. S. 113 113 Compliance with electricity safety management substituted by No. 61/2007 scheme is a defence s. 7. 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. Pt 10 Div. 2A (Heading) Division 2A—Ongoing bushfire mitigation plan amended by No. 18/2017 requirements for major electricity companies s. 6. Pt 10 Div. 2A (Heading and ss 113A– 113F) inserted by No. 55/2010 s. 27. S. 113A 113A Submission of bushfire mitigation plans for inserted by No. 55/2010 acceptance s. 27. S. 113A(1) (1) A major electricity company must prepare and amended by No. 59/2011 submit to Energy Safe Victoria, for acceptance s. 7, under this Division, a plan for the company's substituted by No. 2/2014 proposals for mitigation of bushfire in relation to s. 12(1). Authorised by the Chief Parliamentary Counsel 112 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management the company's supply network at the end of each period of 5 years commencing on the later of— (a) the date when the accepted bushfire mitigation plan is first accepted under this Division; or (b) the date of the most recent acceptance of a revision of the accepted bushfire mitigation plan submitted under this Division. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A bushfire mitigation plan under subsection (1)— (a) must be in or to the effect of a form approved by Energy Safe Victoria; and (b) must include the prescribed particulars. (3) A major electricity company must cause the S. 113A(3) amended by prescribed information about its accepted bushfire No. 2/2014 mitigation plan to be made available for s. 12(2). inspection— (a) on the company's Internet site; and (b) at the company's principal office in the State during ordinary business hours. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. Authorised by the Chief Parliamentary Counsel 113 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management S. 113B 113B Compliance with bushfire mitigation plan inserted by No. 55/2010 s. 27. S. 113B(1) (1) During the specified bushfire risk period, a major amended by No. 59/2011 electricity company must not commence to s. 8(1). commission, or operate, a supply network unless a bushfire mitigation plan that applies to the company's 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. S. 113B(2) (2) A major electricity company must comply with an amended by No. 59/2011 accepted bushfire mitigation plan that applies to s. 8(1). the company's supply network. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (3) Subsection (1) does not apply to a major electricity company that has a reasonable excuse. (4) For the purposes of subsection (1), it is a reasonable excuse for a major electricity company not to comply with subsection (1) if— S. 113B(4)(a) (a) there is no accepted bushfire mitigation plan amended by No. 59/2011 that applies to the company's supply s. 8(3). network; and S. 113B(4)(b) (b) the reason for there being no accepted amended by No. 59/2011 bushfire mitigation plan that applies to the s. 8(3). company's supply network is that— Authorised by the Chief Parliamentary Counsel 114 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria; and (ii) that failure arose because of unreasonable delay on Energy Safe Victoria's part. (5) For the purposes of subsection (1), it is not a reasonable excuse for a major electricity company not to comply with subsection (1) if— (a) there is no accepted bushfire mitigation plan S. 113B(5)(a) amended by that applies to the company's supply No. 59/2011 network; and s. 8(3). (b) the reason for there being no accepted S. 113B(5)(b) amended by bushfire mitigation plan that applies to the No. 59/2011 company's supply network is that— s. 8(3). (i) Energy Safe Victoria failed to accept the company's bushfire mitigation plan by 31 October in the year it was submitted to Energy Safe Victoria and that failure arose because of actions or inactions of the company that hampered the ability of Energy Safe Victoria to make a decision whether to accept that plan by 31 October; or (ii) Energy Safe Victoria has not accepted a plan under section 83BG (as applied and modified by section 113C). (6) Subsections (4) and (5) do not limit what may constitute a reasonable excuse.

113C — Validation, acceptance, provisional acceptance and S. 113C

113C Validation, acceptance, provisional acceptance and S. 113C inserted by determination of bushfire mitigation plans No. 55/2010 s. 27. Sections 83BC to 83BH apply to the validation, or acceptance, provisional acceptance or non- acceptance or determination by Energy Safe Authorised by the Chief Parliamentary Counsel 115 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management Victoria, of a bushfire mitigation plan under this Division— (a) as if— (i) a reference to a specified operator were a reference to a major electricity company; and S. 113C(a)(ii) (ii) a reference to an at-risk electric line amended by No. 59/2011 were a reference to a supply network; s. 9. and (iii) a reference to a bushfire mitigation plan were a reference to a bushfire mitigation plan submitted under this Division; and (iv) a reference to an accepted bushfire mitigation plan were a reference to an accepted bushfire mitigation plan accepted or provisionally accepted under this Division; and (b) with any other modifications that are necessary. S. 113D 113D Accepted bushfire mitigation plan forms part of inserted by No. 55/2010 accepted ESMS s. 27. S. 113D(1) (1) An accepted bushfire mitigation plan applying to a amended by No. 59/2011 major electricity company's supply network is s. 10. taken to form part of the major electricity company's accepted ESMS. S. 113D(2) (2) However, despite anything to the contrary in amended by No. 2/2014 Division 2, sections 106 and 108 do not apply to s. 13. that part of an accepted ESMS that is constituted by an accepted bushfire mitigation plan. (3) In addition, to avoid doubt, an acceptance, provisional acceptance or determination of a bushfire mitigation plan under this Division is not Authorised by the Chief Parliamentary Counsel 116 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management a revision of an accepted ESMS for the purposes of section 108.

113E — Revisions that only relate to bushfire mitigation S. 113E

113E Revisions that only relate to bushfire mitigation S. 113E inserted by No. 55/2010 (1) This section applies if a major electricity company s. 27, is required, or has been requested, to submit a substituted by No. 2/2014 revised bushfire mitigation plan to Energy Safe s. 14. Victoria under section 107 or 109. Note See also section 113D(1) and (2). (2) Despite anything to the contrary in Division 2 or this Division, the company is only required to submit that revised plan.

113F — Inspection of overhead private electric lines S. 113F

113F Inspection of overhead private electric lines S. 113F inserted by No. 55/2010 (1) A major electricity company that has a s. 27. distribution area must cause an inspection to be carried out at such times as are prescribed, and in accordance with the prescribed standards (if any), of private electric lines that are above the surface of land within its distribution area, other than any prescribed parts of those lines. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units. (2) A major electricity company must give to the occupier of land above which there is a private electric line notice in the prescribed form (if any) during the prescribed period (if any) before an inspection under subsection (1) is carried out. (3) A major electricity company may, for the purpose of an inspection under this section, enter onto land at any reasonable time for the purposes of inspecting a private electric line under this section and remain on the land for so long as is necessary to inspect the line. Authorised by the Chief Parliamentary Counsel 117 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (4) If an inspection carried out under this section reveals that maintenance is required on a private electric line above land, the major electricity company must give the owner of the land written notice of the maintenance required. Division 3—Voluntary electricity safety management schemes S. 114 114 Electricity safety management scheme for substituted by employers of electrical workers No. 61/2007 s. 7. (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. (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 Authorised by the Chief Parliamentary Counsel 118 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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 S. 115

115 Electricity safety management scheme for specified S. 115 substituted by premises No. 61/2007 s. 7. (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. (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. Authorised by the Chief Parliamentary Counsel 119 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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 (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. S. 116 116 Electricity safety management scheme for owner of substituted by No. 61/2007 complex electrical installation s. 7 (as amended by (1) Energy Safe Victoria may permit an owner of a No. 57/2009 ss 16(1)–(3)). complex electrical installation to submit an electricity safety management scheme in respect of the design, construction, operation, maintenance and decommissioning of the owner's complex electrical installation. Authorised by the Chief Parliamentary Counsel 120 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (2) An electricity safety management scheme submitted under this section must— (a) be in writing; and (b) in accordance with the regulations, specify S. 116(2)(b) amended by the safety management system being No. 46/2014 followed or to be followed in respect of the s. 10(1). complex electrical installation 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 S. 116(3) substituted by management scheme under this section— No. 46/2014 s. 10(2). (a) as if— (i) any reference to a major electricity company were a reference to the owner of a complex electrical installation; and (ii) any reference to a supply network were a reference to a complex electrical installation; and (b) with any other alterations or modifications that are necessary.

117 — Exemption from certain provisions of Act or S. 117

117 Exemption from certain provisions of Act or S. 117 substituted by regulations No. 61/2007 s. 7 (as (1) If Energy Safe Victoria accepts an electricity amended by No. 25/2008 safety management scheme submitted under s. 20(a)). 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. Authorised by the Chief Parliamentary Counsel 121 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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. S. 117(2A) (2A) If Energy Safe Victoria accepts an electricity inserted by No. 59/2011 safety management scheme submitted under s. 16. section 116, Energy Safe Victoria may exempt an owner of a complex electrical installation to which the accepted ESMS applies from compliance with any of the regulations relating to the operation, maintenance and decommissioning of the complex electrical installation 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 person from compliance with any of the regulations relating to the installation and operation of electrical installations or supply networks. S. 118 118 Compliance with electricity safety management substituted by No. 61/2007 scheme s. 7 (as amended by (1) An employer of electrical workers must comply No. 57/2009 s. 16(4)). 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. Authorised by the Chief Parliamentary Counsel 122 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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) An owner of a complex electrical installation must comply with an accepted ESMS that applies in respect of that owner's complex electrical installation. 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 S. 119

119 Revision of voluntary electricity safety management S. 119 substituted by scheme—each 5 years No. 61/2007 s. 7. 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— (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. Authorised by the Chief Parliamentary Counsel 123 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management S. 120 120 Revision of voluntary electricity safety management substituted by scheme—change No. 61/2007 s. 7. 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 (d) the voluntary ESMS operator proposes to make a significant change to the accepted ESMS. S. 120A 120A Energy Safe Victoria may request submission of inserted by No. 61/2007 revised electricity safety management scheme s. 7 (as amended by (1) Energy Safe Victoria may at any time request a No. 57/2009 s. 16(5)). 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 Authorised by the Chief Parliamentary Counsel 124 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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 an owner of a complex electrical installation—a complex electrical installation. (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.

120B — Compliance with request S. 120B

120B Compliance with request S. 120B inserted by No. 61/2007 A voluntary ESMS operator must comply with a s. 7. 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 S. 120C

120C Lapsing of electricity safety management scheme S. 120C inserted by No. 61/2007 (1) If a voluntary ESMS operator fails to comply with s. 7 (as section 119, 120, 120A or 120H, Energy Safe amended by No. 57/2009 Victoria, by notice in writing to the operator, may ss 16(6)(7)). determine that the relevant accepted ESMS applying to, as the case requires— Authorised by the Chief Parliamentary Counsel 125 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (a) electrical work carried out by electrical workers employed or engaged by that operator; or S. 120C(1)(b) (b) a complex electrical installation— amended by Nos 55/2010 s. 37(2), 43/2012 s. 3 (Sch. item 14). 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 owner's complex electrical installation. (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. S. 120D 120D Duty of employer of electrical workers inserted by No. 61/2007 s. 7. 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. Authorised by the Chief Parliamentary Counsel 126 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management

120E — Duty of occupier of specified premises S. 120E

120E Duty of occupier of specified premises S. 120E inserted by The occupier of specified premises at which No. 61/2007 electrical work is carried out, and to which an s. 7. 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.

120F — Duty of owner of complex electrical installation S. 120F

120F Duty of owner of complex electrical installation S. 120F inserted by No. 61/2007 An owner of a complex electrical installation s. 7 (as must, in respect of the complex electrical amended by No. 57/2009 installation to which an accepted ESMS applies, ss 16(8)–(11)). manage that complex electrical installation to minimise as far as practicable— (a) hazards and risks to the safety of any person arising from the complex electrical installation; and (b) the hazards and risks of damage to property of any person arising from the complex electrical installation. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 127 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management S. 120G 120G Compliance with electricity safety management inserted by scheme is a defence No. 61/2007 s. 7. 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 S. 120H 120H Compliance audits—independent audits inserted by No. 61/2007 (1) Energy Safe Victoria may require an accepted s. 7 (as ESMS operator— amended by Nos 25/2008 s. 20(b), (a) to obtain, at the intervals determined by 57/2009 Energy Safe Victoria, independent audits of s. 16(12)). the operator's compliance with the accepted ESMS that applies to, as the case requires— (i) the electrical work carried out by electrical workers employed or engaged by that operator; or S. 120H(1) (ii) the operator's supply network or (a)(ii) substituted by complex electrical installation; and No. 55/2010 s. 29, amended by No. 59/2011 s. 11. (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. Authorised by the Chief Parliamentary Counsel 128 Electricity Safety Act 1998 No. 25 of 1998 Part 10—Electricity safety management (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: 200 penalty units.

120I — Compliance audits—Energy Safe Victoria S. 120I

120I Compliance audits—Energy Safe Victoria S. 120I inserted by No. 61/2007 Energy Safe Victoria may conduct, or cause to be s. 7 (as conducted, an audit, to determine whether or not amended by No. 57/2009 an accepted ESMS operator is satisfactorily s. 16(13)). 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 or complex S. 120I(b) substituted by electrical installation. No. 55/2010 s. 30, amended by No. 59/2011 s. 12.

120J — Annual fees S. 120J

120J Annual fees S. 120J inserted by No. 61/2007 An accepted ESMS operator must pay the relevant s. 7. prescribed annual administration fee in accordance with the regulations. Authorised by the Chief Parliamentary Counsel 129 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies Pt 10A (Headings Part 10A—Additional bushfire mitigation and ss 120K– 120Z) requirements for major electricity companies inserted by No. 18/2017 s. 4. Division 1—Preliminary S. 120K 120K Definitions inserted by No. 18/2017 s. 4. In this Part— allocated substation points means points that are prescribed in respect of a zone substation; Automatic Circuit Recloser means a device in relation to a SWER line that— (a) may be remotely controlled; and (b) is able to automatically interrupt and reclose an electric circuit by means of a programmed sequence that involves one or more of the following— (i) opening and reclosing the electric circuit; (ii) resetting the electric circuit; (iii) holding the electric circuit closed; (iv) permanently interrupting the electric circuit; civil penalty provision means section 120M, 120N, 120O, 120P or 120Q; complying substation has the meaning given by section 120L; electric line construction area means land delineated and shown on a prescribed plan; Authorised by the Chief Parliamentary Counsel 130 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies pecuniary penalty means— (a) for a contravention of section 120M(1)—see section 120M(3)(a), (b) or (c); (b) for a contravention of section 120N(1) or (2)—see section 120N(3)(a) or (b); (c) for a contravention of section 120O(1)—see section 120O(2)(a) or (b); (d) for a contravention of section 120P(1)—see section 120P(3)(a) or (b); (e) for a contravention of section 120Q(1)—see section 120Q(4)(a) or (b); polyphase electric line means an electric line comprising more than one phase of electricity with a nominal voltage that is not less than 1 kV or greater than 22 kV; required capacity means the prescribed capacity in relation to a polyphase electric line in the event of a phase to ground fault; SWER line means a single wire earth return electric line; zone substation means a prescribed substation.

120L — Meaning of complying substation S. 120L

120L Meaning of complying substation S. 120L inserted by No. 18/2017 A zone substation is a complying substation if s. 4. every polyphase electric line that originates from the substation has the required capacity. Authorised by the Chief Parliamentary Counsel 131 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies Division 2—Additional bushfire mitigation duties S. 120M 120M Polyphase electric lines with required capacity inserted by No. 18/2017 (1) A major electricity company must ensure that— s. 4. (a) for the initial period, a sufficient number of zone substations in its supply network are complying substations so that the total number of allocated substation points prescribed in respect of all of the complying substations is not less than 30 (the period 1 minimum points); and (b) for the intermediate period, a sufficient number of zone substations in its supply network are complying substations so that the total number of allocated substation points prescribed in respect of all of the complying substations is not less than 55 (the period 2 minimum points); and (c) on and after 1 May 2023, or if Energy Safe Victoria specifies a later date under section 120X, that date, all zone substations in its supply network are complying substations. (2) Subsection (1)(a) or (b) does not apply to a major electricity company if the allocated substation points prescribed in respect of all of the zone substations in the company's supply network cannot meet the period 1 minimum points or the period 2 minimum points. (3) A major electricity company is liable to pay— (a) if subsection (1)(a) or (b) is contravened, a pecuniary penalty not exceeding $2 000 000 for every point forming the difference between the total number of allocated substation points prescribed in respect of all of the complying substations and, as the case requires— Authorised by the Chief Parliamentary Counsel 132 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies (i) the period 1 minimum points; or (ii) the period 2 minimum points; and (b) if subsection (1)(c) is contravened, a pecuniary penalty not exceeding $2 000 000 for every allocated substation point prescribed in respect of each zone substation that is not a complying substation; and (c) if there is a continuing contravention of subsection (1)(a), (b) or (c), a pecuniary penalty that is a daily amount not exceeding $5500 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention. (4) This section does not apply to a major electricity company that is exempted from complying with this section under an Order under section 120W and complies with that Order. (5) In this section— initial period means— (a) the period beginning 1 May 2019 and ending 30 April 2021; or (b) if Energy Safe Victoria specifies a later period under section 120X, that period; intermediate period means— (a) the period beginning 1 May 2021 and ending 30 April 2023; or (b) if Energy Safe Victoria specifies a later period under section 120X, that period. Authorised by the Chief Parliamentary Counsel 133 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies S. 120N 120N Covering or placing underground electric lines inserted by No. 18/2017 (1) A major electricity company must cover or place s. 4. underground each new electric line that meets the prescribed specification that it constructs within an electric line construction area. (2) A major electricity company must cover or place underground each electric line that— (a) meets the prescribed specification; and (b) it reconstructs or substantially reconstructs within an electric line construction area; and (c) is of at least 4 consecutive spans or has conductors on at least 4 consecutive spans. (3) A major electricity company that contravenes subsection (1) or (2) is liable to pay a pecuniary penalty— (a) not exceeding $350 000 for each kilometre or a part of a kilometre of an electric line that is not covered or placed underground in accordance with that subsection; and (b) in the case of a continuing contravention of subsection (1) or (2), a daily amount not exceeding $1000 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention. (4) This section does not apply to a major electricity company that is exempted from complying with this section under an Order under section 120W and complies with that Order. (5) In this section— cover, in relation to an electric line, means install a system of insulation on a bare open wire in accordance with the relevant major Authorised by the Chief Parliamentary Counsel 134 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies electricity company's accepted bushfire mitigation plan.

120O — Installation of Automatic Circuit Recloser for S. 120O

120O Installation of Automatic Circuit Recloser for S. 120O inserted by SWER lines No. 18/2017 s. 4. (1) A major electricity company must install an Automatic Circuit Recloser for each SWER line in its supply network before 1 January 2021 or if Energy Safe Victoria specifies a later date under section 120X, that date. (2) A major electricity company that contravenes subsection (1) is liable to pay a pecuniary penalty— (a) not exceeding $50 000 in respect of each contravention of that subsection; and (b) in the case of a continuing contravention of that subsection, a daily amount not exceeding $150 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention. (3) This section does not apply to a major electricity company that is exempted from complying with this section under an Order under section 120W and complies with that Order.

120P — Annual compliance reports S. 120P

120P Annual compliance reports S. 120P inserted by No. 18/2017 (1) A major electricity company must give a written s. 4. report to Energy Safe Victoria before 1 August each year that— (a) includes the following information for the reporting period— (i) details of work carried out during the reporting period (including the date of the work) to modify zone substations in its supply network so that the polyphase Authorised by the Chief Parliamentary Counsel 135 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies electric lines originating from the zone substations have the required capacity; (ii) details of work carried out during the reporting period (including the date of the work) to cover or place underground each electric line in its supply network that meets the prescribed specification within an electric line construction area; (iii) details of work carried out during the reporting period (including the date of the work) to install an Automatic Circuit Recloser for each SWER line in its supply network; and (b) includes details of the location of each zone substation, electric line and Automatic Circuit Recloser referred to in paragraph (a) and in the case of an electric line referred to in that paragraph, the length of the electric line (in kilometres); and (c) includes the following plans of work to be carried out during the next reporting period— (i) a plan to modify polyphase electric lines originating from zone substations to have the required capacity, which includes the date on which the work is to be completed and the location of the polyphase electric lines; (ii) a plan to cover or place underground electric lines that meet the prescribed specification in an electric line construction area, which includes the date on which the work is to be completed and the locations where the electric lines will be covered or placed Authorised by the Chief Parliamentary Counsel 136 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies underground and the length (in kilometres) of the electric lines; (iii) a plan to install Automatic Circuit Reclosers for SWER lines in its supply network, which includes the date on which the work is to be completed and the location of installation of the Automatic Circuit Reclosers; and (d) is in the form, and includes the information, specified by Energy Safe Victoria; and (e) has been approved by the board of the major electricity company. (2) Energy Safe Victoria must publish a copy of a report on its Internet site. (3) A major electricity company that contravenes subsection (1) is liable to pay a pecuniary penalty— (a) not exceeding $10 000 in respect of each contravention of that subsection; and (b) in the case of a continuing contravention of that subsection, a daily amount not exceeding $1000 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention. (4) In this section— reporting period means the year beginning 1 May and ending the following 30 April.

120Q — Independent audits S. 120Q

120Q Independent audits S. 120Q inserted by No. 18/2017 (1) A major electricity company must obtain, on s. 4. the request of Energy Safe Victoria and at the intervals determined by Energy Safe Victoria, an independent audit of the major electricity Authorised by the Chief Parliamentary Counsel 137 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies company's compliance with section 120M, 120N, 120O or 120P. (2) The major electricity company must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence, ability and access to information on the operations of the major electricity company to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a major electricity company to obtain an independent audit under this section, the costs of that audit must be borne by the major electricity company. (4) A major electricity company that contravenes subsection (1) is liable to pay a pecuniary penalty— (a) not exceeding $50 000 in respect of each contravention of that subsection; and (b) in the case of a continuing contravention of that subsection, a daily amount not exceeding $5000 for each day that contravention continues after service on the major electricity company by Energy Safe Victoria of notice of that contravention. Division 3—Enforcement of additional bushfire mitigation duties S. 120R 120R Proceedings inserted by No. 18/2017 (1) A person may not commence a civil proceeding in s. 4. respect of a matter arising under Division 2 except in accordance with this Division. (2) The Minister or Energy Safe Victoria may commence a civil proceeding in respect of a civil penalty provision in accordance with this Division. Authorised by the Chief Parliamentary Counsel 138 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies (3) The Minister or Energy Safe Victoria must not commence a civil proceeding under this Division for an alleged contravention of a civil penalty provision if a civil proceeding is on foot under this Division in respect of the same conduct. (4) Nothing in this section affects the right of a person to commence a civil proceeding in respect of any matter or thing, or seek any relief or remedy, if the cause of action arises, or the relief or remedy is sought, on grounds that do not rely on this Part.

120S — Criminal proceedings do not lie S. 120S

120S Criminal proceedings do not lie S. 120S inserted by No. 18/2017 Criminal proceedings do not lie against a person s. 4. by reason only that the person— (a) has contravened a civil penalty provision; or (b) has attempted to contravene a civil penalty provision; or (c) has aided, abetted, counselled or procured a person to contravene a civil penalty provision; or (d) has induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene a civil penalty provision; or (e) has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of a civil penalty provision; or (f) has conspired with others to contravene a civil penalty provision.

120T — Proceedings for contravention of civil penalty S. 120T

120T Proceedings for contravention of civil penalty S. 120T inserted by provisions No. 18/2017 s. 4. (1) The Minister or Energy Safe Victoria may apply to the Supreme Court for an order under this Division in respect of the doing by a major Authorised by the Chief Parliamentary Counsel 139 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies electricity company of a thing specified in subsection (3). (2) If the Supreme Court is satisfied that a thing specified in subsection (3) has been done, the Court may make an order that the major electricity company pay a pecuniary penalty to the Minister in respect of each act or omission by the major electricity company as the Court determines. (3) For the purposes of subsections (1) and (2), a specified thing is— (a) that a major electricity company has contravened a civil penalty provision; or (b) that a major electricity company has attempted to contravene a civil penalty provision; or (c) that a major electricity company has aided, abetted, counselled or procured a person to contravene a civil penalty provision; or (d) that a major electricity company has induced, or attempted to induce, a person whether by threats or promises or otherwise, to contravene a civil penalty provision; or (e) that a major electricity company has been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a major electricity company of a civil penalty provision; or (f) that a major electricity company has conspired with others to contravene a civil penalty provision. (4) In determining the amount of the pecuniary penalty to be paid by the major electricity company, the Supreme Court may have regard to all relevant matters including— Authorised by the Chief Parliamentary Counsel 140 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies (a) the nature and extent of the act or omission and of any loss or damage suffered as a result of the act or omission; and (b) the circumstances in which the act or omission took place; and (c) whether the major electricity company has previously been found by the Court in a proceeding under this Division to have contravened a civil penalty provision.

120U — Pecuniary penalties to be paid into the Consolidated S. 120U

120U Pecuniary penalties to be paid into the Consolidated S. 120U inserted by Fund No. 18/2017 s. 4. Every pecuniary penalty received by the Minister must be paid into the Consolidated Fund.

120V — Declaratory relief S. 120V

120V Declaratory relief S. 120V inserted by No. 18/2017 (1) The Supreme Court, on an application by s. 4. the Minister or Energy Safe Victoria, by order, may declare whether or not the major electricity company to which the application relates has contravened a civil penalty provision. (2) If the order declares the major electricity company to have contravened a civil penalty provision, the order may include either or both of the following— (a) a requirement that the major electricity company cease, within a specified period, the act, activity or practice constituting the contravention; (b) a requirement that the major electricity company take a specified action or adopt a specified practice, as the Court requires, for remedying the contravention or preventing a recurrence of the contravention. Authorised by the Chief Parliamentary Counsel 141 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies Division 4—Miscellaneous S. 120W 120W Exemptions inserted by No. 18/2017 (1) The Governor in Council, on the recommendation s. 4. of the Minister, by Order published in the Government Gazette, may exempt a major electricity company from complying with section 120M, 120N or 120O. (2) An Order must specify the relevant section that a major electricity company is exempt from complying with. (3) An exemption may be of general or specific application. (4) An exemption is subject to such terms and conditions as are specified in the Order. S. 120X 120X Specification of later dates and periods for inserted by No. 18/2017 compliance with civil penalty provisions s. 4. (1) A major electricity company to which section 120M or 120O applies may request Energy Safe Victoria to— (a) in the case of section 120M(1)(a) or (b), specify a period as the period within which the company must comply with section 120M(1)(a) or (b); or (b) in the case of section 120M(1)(c) or 120O(1), specify a date as the date by which the company must comply with section 120M(1)(c) or 120O(1). (2) A request under subsection (1) must set out the reasons for the request. (3) On receiving a request under subsection (1), Energy Safe Victoria may— (a) in the case of a request under subsection (1)(a), specify a period as the period within which the company must comply with Authorised by the Chief Parliamentary Counsel 142 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies section 120M(1)(a) or (b), as the case requires; or (b) in the case of a request under subsection (1)(b), specify a date as the date by which the company must comply with section 120M(1)(c) or 120O(1), as the case requires. (4) Energy Safe Victoria must consult with the Minister before specifying a period or date under subsection (3).

120Y — Information notices S. 120Y

120Y Information notices S. 120Y inserted by No. 18/2017 (1) Energy Safe Victoria, by written notice, may s. 4. require a major electricity company to give Energy Safe Victoria information in the major electricity company's possession or control for the purpose of verifying the information provided in— (a) a report under section 120P; or (b) an independent audit under section 120Q. (2) A notice under subsection (1) must— (a) specify or describe the information that is required by Energy Safe Victoria; and (b) specify the format in which that information is to be given to Energy Safe Victoria; and (c) specify the date by which the information must be given to Energy Safe Victoria. (3) A major electricity company that is given a notice under subsection (1) must comply with the notice unless the major electricity company has a lawful excuse. Penalty: 200 penalty units. Authorised by the Chief Parliamentary Counsel 143 Electricity Safety Act 1998 No. 25 of 1998 Part 10A—Additional bushfire mitigation requirements for major electricity companies (4) This section does not require a major electricity company to give information that is the subject of legal professional privilege or client legal privilege. (5) It is not a lawful excuse for a major electricity company to fail to comply with a notice under subsection (1) on the ground of any duty of confidence. S. 120Z 120Z Audit by Energy Safe Victoria inserted by No. 18/2017 s. 4. Energy Safe Victoria may conduct, or cause to be conducted, an audit of a major electricity company's compliance with one or more of the civil penalty provisions. Authorised by the Chief Parliamentary Counsel 144 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers Part 11—Enforcement officers and powers Division 1—Appointment of enforcement officers

121 — Enforcement officers

121 Enforcement officers (1) Energy Safe Victoria may appoint the Director or S. 121(1) amended by an employee of Energy Safe Victoria or an agent Nos 36/1999 or contractor of Energy Safe Victoria to be an s. 20(1)(3), 69/2000 enforcement officer for the purpose of this Act s. 28(1), and the Electricity Industry Act 2000. 39/2005 s. 48(Sch. 1 items 1, 2, 13). (2) Energy Safe Victoria must give an identity card to S. 121(2) amended by each person who is appointed an enforcement No. 39/2005 officer. s. 48(Sch. 1 item 1). (3) The identity card— (a) must be signed by the Director; and S. 121(3)(a) amended by No. 39/2005 s. 48(Sch. 1 item 13). (b) bear a photograph and the signature of the enforcement officer. (4) An enforcement officer must, in the course of S. 121(4) amended by performing his or her functions under this Act or Nos 36/1999 the Electricity Industry Act 2000, produce his or s. 20(2), 69/2000 her identity card to any person who requests its s. 28(1). production. (5) Energy Safe Victoria must not appoint an agent or S. 121(5) substituted by contractor of Energy Safe Victoria to be an No. 36/1999 enforcement officer unless satisfied that the agent s. 20(4), amended by or contractor— No. 39/2005 s. 48(Sch. 1 (a) is competent to exercise the functions of an items 1, 2). enforcement officer; and (b) is of good repute, having regard to character, honesty and integrity; and Authorised by the Chief Parliamentary Counsel 145 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers S. 121(5)(c) (c) agrees in writing to carry out the functions of amended by an enforcement officer in accordance with No. 39/2005 s. 48(Sch. 1 such criteria as are established from time to item 2). time by Energy Safe Victoria. Division 2—Powers of entry—general

122 — Powers of entry—compliance

122 Powers of entry—compliance (1) An enforcement officer may exercise powers under this section only to the extent that is reasonably necessary to do so for the purpose of— (a) investigating a serious electrical incident; or S. 122(1)(b) (b) determining compliance with an electricity amended by No. 69/2000 safety management scheme; or s. 31. (c) determining compliance with this Act or the regulations. S. 122(2) (2) An enforcement officer must obtain the prior amended by No. 39/2005 written consent of Energy Safe Victoria before s. 48(Sch. 1 each exercise of a power under this section for the item 2). purpose of determining compliance with this Act or the regulations. (3) An enforcement officer may enter any residence or the land on which a residence is situated if— (a) the enforcement officer gives the occupier not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the enforcement officer enters the land or residence; and (b) the occupier consents in writing to that entry; and (c) the entry occurs only between 8 a.m. and 6 p.m, unless the occupier consents in writing to entry outside those hours. Authorised by the Chief Parliamentary Counsel 146 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (4) An enforcement officer may enter any other land or premises during normal business hours. (5) In carrying out an inspection under this section, an enforcement officer must— (a) cause as little harm and inconvenience or damage as possible; and (b) not remain on the land or premises any longer than is reasonably necessary; and (c) leave the land or premises as nearly as possible in the same condition as it was found prior to the inspection being carried out. (6) An enforcement officer may not exercise any powers under this section if the enforcement officer fails to produce, on request, his or her identity card for inspection by the occupier of the land or premises. (7) If an enforcement officer exercises a power of entry under this section, without the owner or occupier being present, the enforcement officer must— (a) on leaving the land or premises, leave a notice setting out— (i) the time of entry; and (ii) the purpose of entry; and (iii) a description of all things done while on the land or premises; and (iv) the time of departure; and (v) the procedure for contacting Energy S. 122(7)(a)(v) amended by Safe Victoria for further details of the No. 39/2005 entry; and s. 48(Sch. 1 item 2). Authorised by the Chief Parliamentary Counsel 147 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (b) post a copy of that notice— (i) to the owner of the land or premises, if the identity and address of that owner are known to the enforcement officer; and (ii) to the occupier of the land or premises, if the identity and address of that occupier are known to the enforcement officer.

123 — Occupier to be given copy of consent

123 Occupier to be given copy of consent (1) An occupier who consents in writing to entry of his or her residence or the land on which the residence is situated under section 122 must be given a copy of the signed consent immediately. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry under section 122.

124 — Emergency access

124 Emergency access (1) An enforcement officer may enter any land or premises at any time in an emergency if there is a threat to the safety of persons or property arising from a situation relating to electricity. (2) If an enforcement officer exercises a power of entry under this section, without the owner or occupier being present, the enforcement officer must— (a) on leaving the land or premises, leave a notice setting out— (i) the time of entry; and (ii) the purpose of entry; and (iii) a description of all things done while on the land or premises; and Authorised by the Chief Parliamentary Counsel 148 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (iv) the time of departure; and (v) the procedure for contacting Energy S. 124(2)(a)(v) amended by Safe Victoria for further details of the No. 39/2005 entry; and s. 48(Sch. 1 item 2). (b) post a copy of that notice— (i) to the owner of the land or premises, if the identity and address of that owner are known to the enforcement officer; and (ii) to the occupier of the land or premises, if the identity and address of that occupier are known to the enforcement officer.

125 — Powers on entry

125 Powers on entry (1) On exercising a power of entry under this Division, an enforcement officer may— (a) search the land or premises and anything found at the land or premises; (b) inspect and take photographs (including video recordings), or make sketches, of the land or premises or anything on the land or premises; (c) inspect, and make copies of, or take extracts from, any document kept on the land or premises; (d) seize anything on the land or premises the enforcement officer believes on reasonable grounds that it is necessary to seize in order to prevent its concealment, loss or destruction; (e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any electrical equipment, electrical installation or Authorised by the Chief Parliamentary Counsel 149 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers electrical installation work that the enforcement officer considers unsafe or does not comply with this Act or the regulations or was involved in a serious electrical incident. (2) If an enforcement officer is unable to ascertain the identity of the owner or custodian of anything seized, the enforcement officer must— (a) leave a receipt with, or post it to, the owner or occupier of the land or premises from which the thing was seized; and (b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the owner or occupier of the land or premises from which the document was seized.

126 — Return of things seized

126 Return of things seized (1) If an enforcement officer seizes a thing under section 125, the enforcement officer must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned within 14 days after it is seized, the enforcement officer must take reasonable steps to return it unless— (a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 127 extending the period of 14 days.

127 — Magistrates' Court may extend period

127 Magistrates' Court may extend period (1) An enforcement officer may apply to the Magistrates' Court before the expiration of the period referred to in section 126 or within a period extended by the Court under this section for an extension of that period. Authorised by the Chief Parliamentary Counsel 150 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary— (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The enforcement officer must give notice of the application to the person from whom the thing was seized unless the Court otherwise directs.

128 — Entry to be reported to Energy Safe Victoria S. 128

128 Entry to be reported to Energy Safe Victoria S. 128 (Heading) substituted by No. 39/2005 s. 48(Sch. 1 item 14). S. 128 substituted by No. 24/2002 s. 6. (1) If an enforcement officer exercises a power of S. 128(1) amended by entry under this Division, the enforcement officer No. 39/2005 must report the exercise of the power to Energy s. 48(Sch. 1 item 2). Safe Victoria within 3 business days after the entry. (2) The report must be in writing and include all relevant details of the entry including the following— (a) the full name of the enforcement officer; and (b) the time of the entry; and (c) the address of the land or premises entered; and (d) the purpose of the entry; and (e) a description of all things done while on the land or premises, including photographs or video recordings taken, and details of items Authorised by the Chief Parliamentary Counsel 151 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers inspected, examined or tested, and details of items seized or removed, copies made and extracts taken; and (f) the time of departure from the land or premises. S. 128(3) (3) Energy Safe Victoria must keep a register amended by No. 39/2005 containing the particulars of all matters reported to s. 48(Sch. 1 it under this section. item 1). S. 128(4) (4) Energy Safe Victoria must keep, as part of that amended by No. 39/2005 register, the register sent to it under clause 6(1)(a) s. 48(Sch. 1 of Schedule 1. item 1). Division 3—Powers of entry—enforcement

129 — Powers of entry—enforcement

129 Powers of entry—enforcement (1) If an enforcement officer has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the enforcement officer may— (a) enter the land or premises; and S. 129(1)(b) (b) search for and seize the thing. amended by No. 59/2011 s. 17(1). S. 129(2) (2) An enforcement officer must not enter and search amended by No. 59/2011 land or premises or seize any thing under this s. 17(2). Division except— (a) with the written consent of the occupier of the land or premises; or (b) under the authority of a search warrant. Authorised by the Chief Parliamentary Counsel 152 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (3) Before the occupier consents to entry and search S. 129(3) of his or her residence under this section, the inserted by No. 59/2011 enforcement officer must inform the occupier— s. 17(3). (a) of the purpose of the search; and (b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and (c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings. (4) If the occupier consents to entry and search, the S. 129(4) inserted by enforcement officer must ask the occupier to sign No. 59/2011 an acknowledgement stating— s. 17(3). (a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything; and (c) that the occupier has consented to such an entry and search. (5) If the occupier consents to the seizure of any thing S. 129(5) inserted by during a search under this section, the No. 59/2011 enforcement officer must before seizing the thing s. 17(3). ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.

130 — Occupier to be given copy of acknowledgement S. 130

130 Occupier to be given copy of acknowledgement S. 130 substituted by No. 59/2011 (1) An occupier who signs an acknowledgement s. 18. under section 129 must be given a copy of the signed acknowledgement immediately. Authorised by the Chief Parliamentary Counsel 153 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (2) If, in any proceeding, an acknowledgement is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of the thing.

131 — Search warrant

131 Search warrant (1) An enforcement officer may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the enforcement officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise an enforcement officer named in the warrant and any assistants the enforcement officer considers necessary— (a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and S. 131(3)(b) (b) to search for and seize the thing named or amended by No. 59/2011 described in the warrant. s. 19. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the land or premises to be searched; and Authorised by the Chief Parliamentary Counsel 154 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

132 — Announcement before entry

132 Announcement before entry (1) Before executing a search warrant, the enforcement officer named in the warrant or a person assisting the enforcement officer named in the warrant must— (a) announce that he or she is authorised by the warrant to enter the land or premises; and (b) give any person at the land or premises an opportunity to allow entry to the land or premises. (2) The enforcement officer or a person assisting the enforcement officer need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the land or premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the warrant is not frustrated. Authorised by the Chief Parliamentary Counsel 155 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers

133 — Copy of warrant to be given to occupier

133 Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at the land or premises when a search warrant is being executed, the enforcement officer must— (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. Division 4—General

134 — Power of enforcement officer to require information

134 Power of enforcement officer to require information or documents (1) An enforcement officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of— (a) investigating a serious electrical incident; or (b) investigating an emergency where there is a threat to the safety of persons or property arising from a situation relating to electricity; or S. 134(1)(c) (c) determining compliance with an electricity amended by No. 69/2000 safety management scheme; or s. 31. (d) determining compliance with this Act or the regulations. S. 134(2) (2) An enforcement officer must obtain the prior amended by No. 39/2005 written consent of Energy Safe Victoria before s. 48(Sch. 1 each exercise of a power under this section for the item 2). purpose of determining compliance with this Act or the regulations. Authorised by the Chief Parliamentary Counsel 156 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers (3) An enforcement officer may require a person to give information to the enforcement officer, to produce documents to the enforcement officer and to give reasonable assistance to the enforcement officer. (4) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (3). Penalty: 200 penalty units.

135 — Offence to give false information to enforcement

135 Offence to give false information to enforcement officer A person must not— (a) give information to an enforcement officer under this Part that the person knows to be false or misleading in a material particular; or (b) produce a document to an enforcement officer under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: 200 penalty units.

136 — Copying of documents

136 Copying of documents If a person produces a document to an enforcement officer in accordance with a requirement under section 134, the enforcement officer may make copies of, or take extracts from, the document.

137 — Protection against self-incrimination

137 Protection against self-incrimination A natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Part if the giving of the information, the Authorised by the Chief Parliamentary Counsel 157 Electricity Safety Act 1998 No. 25 of 1998 Part 11—Enforcement officers and powers production of the document or the doing of that other thing would tend to incriminate the person. S. 138 138 Offence to obstruct enforcement officer amended by Nos 36/1999 s. 20(5), A person must not without reasonable excuse 69/2000 obstruct or hinder an enforcement officer s. 28(2). exercising functions under this Act or the Electricity Industry Act 2000. Penalty: 300 penalty units. S. 139 139 Police to assist enforcement officers amended by Nos 36/1999 s. 20(6), (1) An enforcement officer may request the assistance 69/2000 of a police officer and a police officer may assist s. 28(2), 37/2014 an enforcement officer to take any action s. 10(Sch. authorised by this Part or the Electricity Industry items 51) (ILA s. 39B(1)). Act 2000. S. 139(2) (2) In this section— inserted by No. 37/2014 s. 10(Sch. police officer has the same meaning as in the item 51.2). Victoria Police Act 2013.

140 — Impersonation of enforcement officer

140 Impersonation of enforcement officer A person must not impersonate an enforcement officer. Penalty: 100 penalty units. Authorised by the Chief Parliamentary Counsel 158 Electricity Safety Act 1998 No. 25 of 1998 Part 11A—Infringement notices Part 11A—Infringement notices Pt 11A (Heading and ss 140A– 140J) inserted by No. 89/1998 s. 22.

140A — Definition S. 140A

140A Definition S. 140A inserted by No. 89/1998 In this Part— s. 22, amended by No. 40/2003 s. 27. prescribed offence means— S. 140A def. of prescribed offence (a) an offence against section 30, 32, 35(1), substituted by 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), No. 25/2008 ss 7, 8, 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), amended by 45(4), 45A(1), 45A(3), 45B(4), No. 55/2010 s. 31. 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83BA(3), 108, 110, 113A(3), 113F(1), 119, 120B, 120H(4) or 142(2); or (b) an offence against a provision of the regulations that is prescribed.

140B — Power to serve a notice S. 140B

140B Power to serve a notice S. 140B inserted by No. 89/1998 (1) An enforcement officer may serve an s. 22. infringement notice on any person that he or she has reason to believe has committed a prescribed offence. (2) An offence referred to in subsection (1) for which S. 140B(2) substituted by an infringement notice may be served is an No. 32/2006 infringement offence within the meaning of the s. 94(Sch. item 14(1)). Infringements Act 2006. Authorised by the Chief Parliamentary Counsel 159 Electricity Safety Act 1998 No. 25 of 1998 Part 11A—Infringement notices S. 140C * * * * * inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)). S. 140D 140D Infringement penalties inserted by No. 89/1998 s. 22. The infringement penalty for an offence against a provision of this Act or the regulations is one- tenth of the maximum monetary penalty fixed by that provision. Ss 140E–140J * * * * * inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)). Authorised by the Chief Parliamentary Counsel 160 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General Part 12—General Division 1—Directions

141 — Director may give directions S. 141

141 Director may give directions S. 141 (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 15). (1) If the Director considers that it is necessary to do S. 141(1) amended by so for safety reasons, the Director may, in writing, No. 39/2005 direct a relevant person— s. 48(Sch. 1 item 16). (a) to disconnect the supply of electricity to an electrical installation, or part of an electrical installation; and (b) to keep that supply disconnected until the S. 141(1)(b) amended by Director considers that it is safe to reconnect No. 39/2005 the supply. s. 48(Sch. 1 item 16). (2) If the Director is satisfied that it is necessary to do S. 141(2) amended by so for safety reasons, the Director may, in writing, No. 39/2005 direct a person— s. 48(Sch. 1 item 16). (a) to cease to use particular electrical S. 141(2)(a) amended by equipment or a class of electrical equipment No. 39/2005 until the Director considers that it is safe to s. 48(Sch. 1 item 16). use; or (b) to cease a particular electrical work practice S. 141(2)(b) amended by or class of electrical work practice until the Nos 36/1999 Director considers that it is safe; or s. 21, 39/2005 s. 48(Sch. 1 item 16). Authorised by the Chief Parliamentary Counsel 161 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General S. 141(2)(c) (c) to make safe an electrical installation or inserted by particular electrical equipment; or No. 36/1999 s. 21. S. 141(2)(d) (d) to do any other thing necessary to make an inserted by No. 36/1999 unsafe electrical situation safe; or s. 21, amended by No. 55/2010 s. 32(1). S. 141(2)(e) (e) to do any other thing necessary to prevent an inserted by No. 55/2010 unsafe electrical situation from arising; or s. 32(2), amended by No. 1/2017 s. 13(1)(a). S. 141(2)(f) (f) to do any other thing necessary for the inserted by No. 1/2017 prevention and mitigation of bushfires that s. 13(1)(b). may arise out of incidents involving electric lines or electrical installations. S. 141(3) (3) In this section— amended by No. 69/2000 s. 29, relevant person means— substituted by No. 1/2017 (a) an electricity supplier; or s. 13(2). (b) the holder of a licence under the Electricity Industry Act 2000 to supply or sell electricity; or (c) any other person supplying electricity; safety reasons includes the prevention and mitigation of bushfires that may arise out of incidents involving electric lines or electrical installations. (4) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. Authorised by the Chief Parliamentary Counsel 162 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General

141A — Additional powers in emergencies S. 141A

141A Additional powers in emergencies S. 141A inserted by No. 36/1999 s. 22. (1) In addition to the powers under section 141, the S. 141A(1) amended by Director may do anything or give any direction No. 39/2005 that the Director considers necessary to make an s. 48(Sch. 1 item 16). electricity emergency situation safe. (2) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 500 penalty units or 5 years imprisonment or both; In the case of a body corporate, 10 000 penalty units. (3) An offence under subsection (2) is an indictable offence. (4) Energy Safe Victoria must include in its annual S. 141A(4) amended by report for a financial year under Part 7 of the No. 39/2005 Financial Management Act 1994, a statement s. 48(Sch. 1 items 1, 16). setting out details of each direction given by the Director under this section during that financial year.

141AB — Information notices S. 141AB

141AB Information notices S. 141AB inserted by No. 55/2010 s. 33. (1) Energy Safe Victoria, by written notice, may S. 141AB(1) amended by require a person to give Energy Safe Victoria No. 18/2017 information in the person's possession or control s. 5. that Energy Safe Victoria reasonably requires for the purpose of verifying the performance of distribution companies in complying with Divisions 1A, 2 and 4 of Part 8, and Part 10. Authorised by the Chief Parliamentary Counsel 163 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General (2) A notice under subsection (1) must— (a) specify or describe the information that is required by Energy Safe Victoria; and (b) specify the format in which that information is to be given to Energy Safe Victoria; and (c) specify the date by which the information must be given to Energy Safe Victoria. (3) A person who is given a notice under subsection (1) must comply with the notice unless the person has a lawful excuse. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 200 penalty units. (4) A natual person cannot be compelled, by the giving of a notice under subsection (1), to give information if the information might tend to incriminate the person of an offence. (5) This section does not require a person to give information that is the subject of legal professional privilege or client legal privilege. (6) It is not a lawful excuse for a person to fail to comply with a notice under subsection (1) on the ground of any duty of confidence. S. 141AC 141AC Director may give directions to preserve, retain or inserted by No. 59/2011 store s. 20. (1) This section applies if the Director believes on reasonable grounds that— (a) an electrical incident or an electricity emergency situation has occurred; or Authorised by the Chief Parliamentary Counsel 164 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General (b) an unsafe electrical situation has occurred or may occur. (2) The Director may, in writing, direct a relevant person to preserve, retain or store any of the following that the Director considers may be relevant to the electrical incident, electricity emergency situation or unsafe electrical situation— (a) electrical equipment; (b) electrical installations or parts of electrical installations; (c) supply networks or parts of supply networks. (3) In this section, relevant person means an owner of electrical equipment or an owner or operator of a supply network or an electrical installation. (4) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 200 penalty units.

141B — Delegation by Director S. 141B

141B Delegation by Director S. 141B inserted by No. 36/1999 The Director may, with the consent of the s. 22, Minister, by instrument, delegate any function or substituted by No. 39/2005 power of the Director under section 141 or 141A s. 46. to an employee of Energy Safe Victoria. Authorised by the Chief Parliamentary Counsel 165 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General Division 2—Reporting of serious electrical incidents

142 — Notification of serious electrical incidents

142 Notification of serious electrical incidents S. 142(1) (1) An electricity supplier must report to Energy Safe amended by No. 39/2005 Victoria in accordance with the regulations any s. 48(Sch. 1 serious electrical incident which occurs in relation item 2). to its supply network. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. S. 142(2) (2) An electricity supplier must report to Energy Safe amended by No. 39/2005 Victoria in accordance with the regulations any s. 48(Sch. 1 serious electrical incident of which it is aware and item 2). which occurs in relation to an electrical installation to which it supplies electricity. Penalty: In the case of a natural person, 10 penalty units; In the case of a body corporate, 50 penalty units. S. 142(3) (3) A fire control authority must report to Energy amended by No. 39/2005 Safe Victoria in accordance with the regulations— s. 48(Sch. 1 item 2). (a) any serious electrical incident which it attends; and (b) the results of any investigation it conducts into a fire of an electrical nature. Division 3—Improvement notices

143 — Enforcement officer may issue improvement notice

143 Enforcement officer may issue improvement notice (1) An enforcement officer may issue an improvement notice to a person if the officer is of the opinion that the person— Authorised by the Chief Parliamentary Counsel 166 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General (a) is contravening any provision of Division 2 S. 143(1)(a) or 3 of Part 10; or amended by No. 61/2007 s. 8. (b) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated. (2) The improvement notice may require the person to whom it is issued to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention. (3) An improvement notice must— (a) state that the enforcement officer is of the opinion that the person— (i) is contravening a provision of S. 143(3)(a)(i) amended by Division 2 or 3 of Part 10; or No. 61/2007 s. 8. (ii) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated; and (b) state the reasons for that opinion; and (c) specify the provision of the electricity safety management scheme in respect of which that opinion is held; and (d) specify the day (being a day more than 7 days after the day on which the notice is issued) before which the person is required to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention. Authorised by the Chief Parliamentary Counsel 167 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General

144 — Offence not to comply with improvement notice

144 Offence not to comply with improvement notice (1) A person to whom an improvement notice is issued must comply with the improvement notice. Penalty: in the case of a natural person, 80 penalty units; in the case of a body corporate, 400 penalty units. S. 144(2) (2) Subsection (1) does not apply during any period amended by No. 24/2002 that the operation of the improvement notice is s. 7. stayed by the Tribunal.

145 — Notices may include directions

145 Notices may include directions (1) An enforcement officer may include in an improvement notice directions as to the measures to be taken to remedy any contravention or likely contravention, to which the notice relates. (2) A direction under subsection (1) may offer the person to whom it is issued a choice of ways in which to remedy the contravention or likely contravention. Division 4—Other matters S. 145A 145A Offences under Part 8 inserted by No. 89/1998 Proceedings for an offence against Part 8 may be s. 23, brought only by Energy Safe Victoria. amended by No. 39/2005 s. 48(Sch. 1 item 2).

146 — Offences by bodies corporate

146 Offences by bodies corporate (1) If a body corporate commits an offence against this Act or the regulations, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also Authorised by the Chief Parliamentary Counsel 168 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General guilty of that offence and liable to the penalty for it. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations. (4) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. (5) In subsection (1), officer, in relation to a body corporate, means— (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or (c) a person concerned in the management of the body corporate.

147 — Offences by partnerships or unincorporated

147 Offences by partnerships or unincorporated associations If this Act or a regulation made under this Act provides that a person is guilty of an offence, that reference to a person must— (a) in the case of a partnership, be read as a reference to each member of the partnership; and Authorised by the Chief Parliamentary Counsel 169 Electricity Safety Act 1998 No. 25 of 1998 Part 12—General (b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.

148 — False or misleading information

148 False or misleading information S. 148(1) (1) A person must not give information that is false or amended by No. 39/2005 misleading in a material particular to Energy Safe s. 48(Sch. 1 Victoria or to an employee of Energy Safe item 2). Victoria in connection with an application, notice or submission under this Act or the regulations. Penalty: 100 penalty units. (2) In a proceeding for an offence against subsection (1), it is a defence for the accused to prove that the accused believed on reasonable grounds— (a) in the case of false information, that the information was true; and (b) in the case of misleading information, that the information was not misleading. S. 148A 148A Period within which proceedings for offences may inserted by No. 59/2011 be brought s. 21. Despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006), proceedings for an offence against this Act or the regulations may be commenced within the period of 3 years after the commission of the alleged offence. Authorised by the Chief Parliamentary Counsel 170 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations Part 13—Regulations

149 — Supply safety

149 Supply safety The Governor in Council may make regulations for or with respect to the safe generation, transmission, distribution and supply of electricity, including— (a) the protection of persons from risk and property from damage associated with the generation, transmission, distribution and supply of electricity; (b) the protection and maintenance of and the prevention of interference with operations, electric lines, works and structures associated with the generation, transmission, distribution and supply of electricity.

149A — Reliability and security of electricity supply S. 149A

149A Reliability and security of electricity supply S. 149A inserted by No. 89/1998 The Governor in Council may make regulations s. 24, for or with respect to the reliability and security of amended by Nos 38/2000 the supply of electricity. s. 21(a), 39/2005 s. 48(Sch. 1 item 2), repealed by No. 61/2007 s. 9, new s. 149A inserted by No. 55/2010 s. 34.

150 — Safety management schemes

150 Safety management schemes The Governor in Council may make regulations for or with respect to electricity safety management schemes including regulations— (a) specifying the requirements and standards with which an electricity safety management scheme must comply; Authorised by the Chief Parliamentary Counsel 171 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations S. 150(b) (b) specifying the procedures for the acceptance substituted by and revision of an electricity safety Nos 89/1998 s. 25(a), management scheme; 61/2007 s. 10. (c) requiring an electricity safety management scheme to nominate the persons who are to carry out electrical work under the scheme; S. 150(d) (d) providing for a compliance audit of an substituted by Nos 89/1998 accepted ESMS; s. 25(b), 57/2009 s. 11. (e) providing for the keeping of records in relation to electricity safety management schemes; S. 150(f) (f) providing for the payment of bonds to amended by No. 39/2005 Energy Safe Victoria in respect of electricity s. 48(Sch. 1 safety management schemes; item 2). (g) regulating and requiring the keeping of accounts by the manager of an electricity safety management scheme; S. 150(h) (h) empowering Energy Safe Victoria to exempt amended by Nos 38/2000 an electricity safety management scheme s. 21(b), from all or any of the requirements of the 39/2005 s. 48(Sch. 1 regulations made in relation to electricity item 2). safety management schemes subject to conditions (if any) specified by Energy Safe Victoria.

151 — Electric line clearance

151 Electric line clearance The Governor in Council may make regulations for or with respect to— (a) standards of design, construction and maintenance of private electric lines; Authorised by the Chief Parliamentary Counsel 172 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (b) the manner in which a distribution company or transmission company may exercise its powers under section 85(b) and (c); (c) the Code of Practice for Electric Line Clearance setting out— (i) the duties of responsible persons; (ii) the standards and practices to be adopted and observed in tree pruning or clearing in the vicinity of electric lines; (iii) management procedures to minimise danger of electric lines causing fire or electrocution; (iv) any other matters for or with respect to the maintenance of electric lines; (d) requiring responsible persons to prepare and S. 151(d) inserted by submit to Energy Safe Victoria for approval No. 89/1998 management plans relating to compliance s. 26, amended by with the Code and requiring compliance with Nos 39/2005 an approved management plan; s. 48(Sch. 1 item 2), 55/2010 s. 35(1). (e) the standards and practices to be adopted and S. 151(e) inserted by observed in relation to— No. 55/2010 s. 35(2). (i) tree planting, pruning or clearing in the immediate area around electric lines; (ii) species of tree or classes of tree that may remain or be planted in the immediate area around electric lines; (iii) species of tree or classes of tree that must be cleared from the immediate area around electric lines; (iv) the management of trees in the immediate area around electric lines. Authorised by the Chief Parliamentary Counsel 173 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations S. 151A 151A Bushfire mitigation inserted by No. 55/2010 The Governor in Council may make regulations s. 36. for or with respect to— (a) the prevention of bushfires arising from electric lines or electrical installations; (b) the protection of electric lines or electrical installations from the effects of bushfires; (c) the inspection of electric lines or electrical installations for the purpose of the prevention of bushfires arising from such lines or installations; (d) the training of persons conducting inspections of the kind referred to in paragraph (c); (e) the auditing of the training and performance of persons conducting inspections of the kind referred to in paragraph (c).

152 — Installation safety

152 Installation safety The Governor in Council may make regulations for or with respect to— (a) safety standards for the design, construction, operation, alteration, repair, maintenance and dismantling of electrical installations; (b) prohibiting or regulating the construction of electrical installations; (c) the methods to be followed in carrying out electrical installation work in or in relation to electrical installations; (d) safety standards in relation to the connection of electrical equipment or apparatus to electrical installations; Authorised by the Chief Parliamentary Counsel 174 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (e) safety standards in relation to the connection of electrical installations to an electricity supply; (f) inspections of electrical installations; (g) testing of electrical installations and electrical installation work; (h) the certification of electrical installation work; (ha) the notification (including electronic S. 152(ha) inserted by notification) to be given to Energy Safe No. 89/1998 Victoria of completion of certificates of s. 27, amended by compliance under section 44 or certificates No. 39/2005 of inspection under section 45 or any classes s. 48(Sch. 1 item 2). of those certificates; (i) reasonable fees to be charged by Energy Safe S. 152(i) amended by Victoria for the inspection and testing of No. 39/2005 electrical installations and electrical s. 48(Sch. 1 item 2). installation work; (j) reasonable fees to be charged for the certification of electrical installation work.

153 — Equipment safety

153 Equipment safety The Governor in Council may make regulations for or with respect to— (a) standards of safety for electrical equipment; (b) the examination, inspection and testing of S. 153(b) amended by electrical equipment, including the provision Nos 89/1998 of samples of equipment to Energy Safe s. 28(1), 39/2005 Victoria for testing and the disposal of those s. 48(Sch. 1 samples; item 2). (c) the approval of prescribed electrical S. 153(c) amended by equipment and the certification of No. 59/2008 compliance of electrical equipment s. 41(3). including— Authorised by the Chief Parliamentary Counsel 175 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations S. 153(c)(i) (i) applications for certificates of approval amended by or compliance and the information to No. 59/2008 s. 41(4). accompany the applications; S. 153(c)(ii) (ii) the issuing of certificates of approval or amended by No. 59/2008 compliance; s. 41(4). S. 153(c)(iii) (iii) conditions on certificates of approval or amended by No. 59/2008 compliance; s. 41(4). S. 153(c)(iv) (iv) the modification of certificates of amended by No. 59/2008 approval or compliance; s. 41(4). S. 153(c)(v) (v) the refusal and withdrawal of approval; amended by No. 59/2008 s. 41(5). S. 153(c)(vi) (vi) the renewal, transfer and duration of substituted by No. 59/2008 certificates of approval or compliance; s. 41(6). S. 153(c)(vii) (vii) the keeping of registers of certificates amended by No. 59/2008 of approval or compliance and s. 41(4). certificate holders; (d) the marking and labelling of prescribed electrical equipment; S. 153(e) (e) reasonable fees and charges to be charged for amended by No. 89/1998 or for the recovery of reasonable costs for— s. 28(2)(a). S. 153(e)(i) (i) testing and examination in connection substituted by No. 89/1998 with the approval of prescribed s. 28(2)(b), electrical equipment and the amended by No. 59/2008 certification of compliance of electrical s. 41(7). equipment; Authorised by the Chief Parliamentary Counsel 176 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (ii) preparation of reports in connection S. 153(e)(ii) with the approval of prescribed substituted by No. 89/1998 electrical equipment and the s. 28(2)(b), certification of compliance of electrical amended by No. 59/2008 equipment; s. 41(7). (iii) applications for certificates of approval S. 153(e)(iii) substituted by or compliance, or the renewal, No. 59/2008 modification or transfer of certificates s. 41(8). of approval or compliance. * * * * * S. 153(e)(iv) repealed by No. 59/2008 s. 41(8).

154 — Equipment efficiency regulations

154 Equipment efficiency regulations The Governor in Council may make regulations for or with respect to— (a) the standards of energy efficiency and S. 154(a) amended by performance required for energy efficiency No. 57/2009 electrical equipment; s. 12(1). (b) prohibiting or regulating the supply or offer S. 154(b) amended by of supply of energy efficiency electrical No. 57/2009 equipment; s. 12(2). (c) the registration of energy efficiency S. 154(c) amended by electrical equipment, including— No. 57/2009 s. 12(3). (i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests); (ii) the granting of registration; (iii) conditions on registration; (iv) the transfer of registration; Authorised by the Chief Parliamentary Counsel 177 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (v) variation of registration; (vi) the refusal and cancellation of registration; (vii) the renewal and duration of registration; S. 154(c)(viii) (viii) the keeping of registers of energy amended by No. 57/2009 efficiency electrical equipment and s. 12(3). registration holders; S. 154(d) (d) the testing, marking and labelling of energy amended by Nos. 39/2005 efficiency electrical equipment, including the s. 48(Sch. 1 provision of samples of equipment and labels item 2), 57/2009 to Energy Safe Victoria for testing and the s. 12(4). disposal of those samples; S. 154(e) (e) reasonable fees and charges to be charged for amended by No. 89/1998 or for the recovery of reasonable costs for— s. 29. S. 154(e)(i) (i) the testing, examination, marking or amended by No. 57/2009 labelling of energy efficiency electrical s. 12(5). equipment; S. 154(e)(ii) (ii) the preparation of reports about energy amended by No. 57/2009 efficiency electrical equipment; s. 12(5). S. 154(e)(iii) (iii) the registration, renewal of registration, amended by No. 57/2009 modification of registration or transfer s. 12(5). of registration of energy efficiency electrical equipment; S. 154(f) (f) authorising or requiring the giving of public amended by No. 57/2009 notices in relation to energy efficiency s. 12(6). electrical equipment and the recovery of costs associated with those notices. Authorised by the Chief Parliamentary Counsel 178 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations

155 — Cathodic protection and stray current corrosion S. 155

155 Cathodic protection and stray current corrosion S. 155 regulations amended by No. 59/2011 The Governor in Council may make regulations s. 22. for or with respect to— (a) standards and requirements for the design, installation and operation of cathodic protection systems and systems for the mitigation of stray current corrosion; (b) requiring and regulating the installation, use and maintenance of cathodic protection systems and systems for the mitigation of stray current corrosion; (c) the registration of cathodic protection systems and systems for the mitigation of stray current corrosion, including— (i) applications for registration and the information to accompany the applications; (ii) the granting of certificates of registration; (iii) conditions on certificates of registration; (iv) modifications to a system; (v) the refusal and withdrawal of registration; (d) the keeping of registers of cathodic protection systems and systems for the mitigation of stray current corrosion; Authorised by the Chief Parliamentary Counsel 179 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (e) the testing of cathodic protection systems and systems for the mitigation of stray current corrosion; (f) reasonable fees (including annual fees) to be charged for the testing of, the examination of and for the preparation of reports about cathodic protection systems and systems for the mitigation of stray current corrosion; S. 155(1)(g) (g) prescribing generally the precautions to be amended by No. 61/2007 taken to secure the working of railways so as s. 12(5). to mitigate danger and damage from fusion or electrolytic action and in particular all such matters or things as are necessary or expedient to be prescribed with respect to all or any of the following matters— (i) return conductors; S. 155(1)(g)(ii) (ii) the structure and method of amended by No. 61/2007 construction of railways and the s. 12(5). method of generation, distribution and use of the electrical current; S. 155(1)(g)(iii) (iii) the making and recording of electric amended by Nos 39/2005 tests whether by the operator of a s. 48(Sch. 1 railway or Energy Safe Victoria. item 2), 61/2007 s. 12(6).

156 — Electrical contractors and electrical workers

156 Electrical contractors and electrical workers The Governor in Council may make regulations for or with respect to— S. 156(a) (a) the qualifications (including courses of substituted by No. 69/2000 training and examination, re-examination, s. 30(a). assessment and re-assessment) required for registration of electrical contractors or any class of electrical contractors; Authorised by the Chief Parliamentary Counsel 180 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (b) the registration of electrical contractors including the conditions under which registration will be granted; (c) reasonable fees to be paid— (i) for the registration of electrical contractors; (ii) for the renewal of registrations; (d) the suspension or cancellation of the registration of any electrical contractor and the restoration of the registration of any electrical contractor whose registration has been suspended or cancelled. (e) grades and standards of qualification and competence of electrical workers and their duties; (f) the examination, assessment, grading and S. 156(f) amended by licensing of electrical workers and No. 69/2000 applications for and the issue and variation s. 30(b). of licences, including the conditions and restrictions to which licences are subject; (g) the expiry, renewal, cancellation and suspension of licences; (h) prescribing forms of licences; (i) prescribing periodic or other tests of the competence of electrical workers for carrying out electrical work; (j) reasonable fees to be paid for applications S. 156(j) amended by for licences and any assessment or any No. 69/2000 theoretical or practical examination in s. 30(c). electrical work and refunds of fees. Authorised by the Chief Parliamentary Counsel 181 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations

157 — General regulation making powers

157 General regulation making powers (1) The Governor in Council may make regulations for or with respect to— S. 157(1)(a) (a) fixing fees and charges, including maximum amended by Nos 38/2000 or minimum fees and charges, for or with s. 21(c), respect to any function or service carried out 39/2005 s. 48(Sch. 1 by Energy Safe Victoria; item 2). S. 157(1)(b) (b) empowering Energy Safe Victoria to waive amended by Nos 89/1998 or rebate the payment of a fee or charge in s. 30(1), specified circumstances or to refund amounts 39/2005 s. 48(Sch. 1 paid to Energy Safe Victoria in specified item 2). circumstances; S. 157(1)(c) * * * * * repealed by No. 24/2002 s. 8. (d) forms for the purposes of this Act or the regulations; S. 157(1)(e) * * * * * repealed by No. 24/2002 s. 8. (f) the keeping of records; (g) the conducting of tests; (h) any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act. Authorised by the Chief Parliamentary Counsel 182 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations (2) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; (aa) so as to apply generally or to be of limited S. 157(2)(aa) inserted by application and may differ according to No. 89/1998 differences in circumstances; s. 30(2). (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body; (c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as published or amended from time to S. 157(2)(c)(ii) amended by time; No. 59/2008 s. 42. (d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body; Authorised by the Chief Parliamentary Counsel 183 Electricity Safety Act 1998 No. 25 of 1998 Part 13—Regulations S. 157(2)(e) (e) so as to empower Energy Safe Victoria to amended by exempt any person, electrical work or No. 39/2005 s. 48(Sch. 1 electrical equipment from all or any of the item 2). requirements of the regulations subject to conditions (if any) specified by Energy Safe Victoria. (3) The regulations may impose a penalty not exceeding 20 penalty units for a breach of a regulation.

158 — Disallowance of regulations

158 Disallowance of regulations The regulations are subject to disallowance by a House of the Parliament. Authorised by the Chief Parliamentary Counsel 184 Electricity Safety Act 1998 No. 25 of 1998 Part 14—Transitional provisions and consequential amendments Part 14—Transitional provisions and consequential amendments * * * * * S. 159 repealed by No. 39/2005 s. 47.

160 — Transitional provisions—electrical contractors and

160 Transitional provisions—electrical contractors and mechanics (1) Any person who was registered as an electrical contractor under Part V of the State Electricity Commission Act 1958 immediately before the commencement of this section is deemed on that commencement to be registered as an electrical contractor under Division 1 of Part 3 of this Act for the remainder of the registration period. (2) Any person who was licensed as an electrical mechanic in respect of a grade of electrical wiring work under Part V of the State Electricity Commission Act 1958 immediately before the commencement of this section is deemed on that commencement to be licensed under Division 2 of Part 3 of this Act as an electrical worker in respect of an equivalent class of electrical work for the remainder of the licence period.

161 — Transitional provision—electrical equipment

161 Transitional provision—electrical equipment (1) Electrical equipment in respect of which an approval was in force under section 51 of the State Electricity Commission Act 1958 immediately before the commencement of this section is deemed on that commencement to be approved under section 58 of this Act. (2) An Order under section 57(1) of the State Electricity Commission Act 1958 in force immediately before the commencement of this section and declaring any class, description or Authorised by the Chief Parliamentary Counsel 185 Electricity Safety Act 1998 No. 25 of 1998 Part 14—Transitional provisions and consequential amendments type of electrical appliance to be a proclaimed electrical appliance has effect as an Order under section 67 of this Act declaring any class, description or type of appliance to which the Order applies to be proclaimed electrical equipment for the purposes of Part 5 of this Act and may be amended or revoked accordingly.

162 — Transitional provision—urban area

162 Transitional provision—urban area (1) A notice under section 58(1A) of the State Electricity Commission Act 1958 specifying an area of land as an urban area that was in force immediately before the commencement of this section has effect as a notice under section 79 of this Act and may be amended or revoked accordingly. (2) A declaration under section 65(3) of the State Electricity Commission Act 1958 of an area in an urban area for the purposes of section 60(3) of that Act that was in force immediately before the commencement of this section has effect as a declaration under section 81(1) of this Act and may be amended or revoked accordingly. S. 162A 162A Making of certain statutory rules inserted by No. 38/2000 s. 22. (1) A notice advising of the decision to make a proposed statutory rule referred to in subsection (2) is deemed to have been published in the Government Gazette as soon as practicable after the decision was made and to have been so published before the proposed statutory rule was made. (2) In subsection (1), proposed statutory rule means any of the following proposed statutory rules that were made on 14 December 1999 as— (a) the Electricity Safety (Management) Regulations 1999; Authorised by the Chief Parliamentary Counsel 186 Electricity Safety Act 1998 No. 25 of 1998 Part 14—Transitional provisions and consequential amendments (b) the Electricity Safety (Network Assets) Regulations 1999; (c) the Electricity Safety (Electric Line Clearance) Regulations 1999.

163 — Transitional provisions—abolition of the Electrical S. 163

163 Transitional provisions—abolition of the Electrical S. 163 substituted by Appeals Board No. 24/2002 s. 9. Schedule 1 has effect.

164 — Transitional provisions—Electricity Safety S. 164

164 Transitional provisions—Electricity Safety S. 164 repealed by Amendment Act 2007 No. 24/2002 s. 10, new (1) In this section— s. 164 inserted by accepted electricity safety management scheme No. 61/2007 s. 11. 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— (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 Authorised by the Chief Parliamentary Counsel 187 Electricity Safety Act 1998 No. 25 of 1998 Part 14—Transitional provisions and consequential amendments 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 Energy Safe Victoria under section 116. S. 165 165 Savings provision—proclaimed electrical equipment repealed by No. 24/2002 s. 10, On the day section 7 of the Energy and new s. 165 Resources Legislation Amendment Act 2009 inserted by No. 57/2009 comes into operation, electrical equipment that s. 43. was proclaimed electrical equipment immediately before the repeal of section 67 by section 6 of that Act is taken to be energy efficiency electrical equipment for the purposes of Part 5. S. 166 166 Transitional provision—Energy Legislation repealed by No. 24/2002 Amendment (Bushfire Mitigation and Other s. 10, Matters) Act 2011 new s. 166 inserted by No. 59/2011 (1) In this section— s. 23. commencement day means the day on which section 18 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation. Authorised by the Chief Parliamentary Counsel 188 Electricity Safety Act 1998 No. 25 of 1998 Part 14—Transitional provisions and consequential amendments (2) In any proceeding commenced on or after the commencement day, section 130(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 129 before that commencement day. * * * * * Ss 167–170 repealed by No. 24/2002 s. 10. Authorised by the Chief Parliamentary Counsel 189 Electricity Safety Act 1998 No. 25 of 1998 Schedule 1—Transitional provisions Sch. 1 amended by Schedule 1—Transitional provisions Nos 46/1998 1 Definitions s. 7(Sch. 1), 38/2000 s. 23, substituted by In this Schedule— No. 24/2002 s. 11. Board means Electrical Appeals Board established under the Electricity Safety Act 1998 as in force prior to the commencement day; commencement day means the day on which section 9 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation; VCAT Act means the Victorian Civil and Administrative Tribunal Act 1998.

2 — Abolition of the Electrical Appeals Board

2 Abolition of the Electrical Appeals Board (1) On the commencement day, the Electrical Appeals Board is abolished and its members go out of office. (2) On and from the commencement day, a reference to the Board in any Act or subordinate instrument (other than this Schedule) or in any other document, so far as it relates to any period after that day and unless the context otherwise requires, must be construed as a reference to the Tribunal. (3) Subclause (1) does not affect any other provision of this Schedule— (a) dealing with proceedings before the Electrical Appeals Board; or (b) providing for the Electrical Appeals Board to continue for certain purposes. (4) If under this Schedule the Electrical Appeals Board continues for certain purposes, the provisions of the Electricity Safety Act 1998 as in force immediately before the commencement Authorised by the Chief Parliamentary Counsel 190 Electricity Safety Act 1998 No. 25 of 1998 Schedule 1—Transitional provisions day relating to membership and procedure continue to apply for those purposes.

3 — Pending proceedings

3 Pending proceedings (1) If, immediately before the commencement day, a proceeding was pending before the Board but the Board had not begun to hear the matter or had not been presented with any evidence on any material question of fact, the proceeding is to be heard and determined by the Tribunal and for that purpose— (a) the proceeding is to be taken to have been commenced in the Tribunal; and (b) anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and (c) the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and (d) anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and (e) the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act as in force immediately before the commencement day; and (f) any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act. Authorised by the Chief Parliamentary Counsel 191 Electricity Safety Act 1998 No. 25 of 1998 Schedule 1—Transitional provisions (2) If, immediately before the commencement day, a proceeding was pending before the Board and the Board had begun to hear the matter or had been presented with evidence on a material question of fact— (a) the proceeding is to be heard and determined by the Board in accordance with the provisions of the Electricity Safety Act 1998 as in force immediately before the commencement day; and (b) the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and (c) for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and (d) the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.

4 — Determinations or orders made by Board

4 Determinations or orders made by Board A determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force immediately before that day.

5 — Power to resolve transitional difficulties

5 Power to resolve transitional difficulties If any difficulty arises because of the operation of this Schedule in relation to a proceeding (including a proceeding pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty. Authorised by the Chief Parliamentary Counsel 192 Electricity Safety Act 1998 No. 25 of 1998 Schedule 1—Transitional provisions

6 — Transfer of registers

6 Transfer of registers (1) The Secretary to the Department of Natural Resources and Environment must ensure that— (a) the register, required to be kept by the Electrical Appeals Board under section 128(2) of the Electricity Safety Act 1998, as in force immediately before the commencement of section 6 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, is sent to the Office; and (b) the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the Electricity Safety Act 1998 as in force immediately before the commencement of section 9 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal. (2) Despite subclause (1)(b), the Secretary is not required to send to the principal registrar documents relating to a proceeding to which clause 3(2) applies until the conclusion of that proceeding. ═══════════════ Authorised by the Chief Parliamentary Counsel 193 Electricity Safety Act 1998 No. 25 of 1998 Endnotes Endnotes

1 — General information

1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 17 March 1998 Legislative Council: 21 April 1998 The long title for the Bill for this Act was "A Bill relating to the safety of electricity supply and use and the efficiency of electrical equipment, to repeal the Electric Light and Power Act 1958, to amend certain other Acts and for other purposes." The Electricity Safety Act 1998 was assented to on 12 May 1998 and came into operation as follows: Part 1 (sections 1–5) on 12 May 1998: section 2(1); Part 2 (sections 6–29), Part 3 Division 4 (sections 46–49), sections 121–127, 129–140, Part 12 Division 4 (sections 146–148), sections 157–159, 163(1)(a)–(c)(2), 164, 165(1)–(4)(6), 166–170 on 1 July 1998: Special Gazette (No. 65) 30 June 1998 page 2; sections 30–45, 50–69, 70(1)–(3)(5)(6), 71–74, 91–97, 128, 141, 152–156, 160, 161, 163(1)(d) and Schedule 1 on 3 May 1999: Government Gazette 29 April 1999 page 967; sections 70(4), 75–90, 98–120, 142–145, 149–151, 162, 163(1)(e)–(i), 165(5) on 31 December 1999: section 2(3). INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

Schedule 1 to that Act. — to that Act

Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Authorised by the Chief Parliamentary Counsel 194 Electricity Safety Act 1998 No. 25 of 1998 Endnotes Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 195 Electricity Safety Act 1998 No. 25 of 1998 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Electricity Safety Act 1998 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Industry Acts (Amendment) Act 1998, No. 89/1998 Assent Date: 24.11.98 Commencement Date: Ss 5, 7–12, 13(1), 22, 27–30 on 3.5.99: Government Gazette 29.4.99 p. 967; ss 6, 13(2), 14–21, 23–26 on 31.12.99: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Industry Acts (Further Amendment) Act 1999, No. 36/1999 Assent Date: 8.6.99 Commencement Date: Ss 20–22 on 8.6.99: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Transport (Amendment) Act 2000, No. 30/2000 Assent Date: 30.5.00 Commencement Date: 31.5.00: s. 2 Current State: All of Act in operation Electricity Industry Acts (Amendment) Act 2000, No. 38/2000 Assent Date: 6.6.00 Commencement Date: Ss 15–18, 20–24 on 29.6.00; s. 19 on 1.9.00: Government Gazette 29.6.00 p. 1455 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000 Assent Date: 21.11.00 Commencement Date: Ss 21–31 on 1.1.01: s. 2(4) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Industry Acts (Further Amendment) Act 2001, No. 13/2001 Assent Date: 22.5.01 Commencement Date: Ss 11, 12 on 23.5.01: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Authorised by the Chief Parliamentary Counsel 196 Electricity Safety Act 1998 No. 25 of 1998 Endnotes Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001 Assent Date: 19.6.01 Commencement Date: S. 29 on 1.9.01: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 36) on 15.7.01: s. 2 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Essential Services Commission Act 2001, No. 62/2001 Assent Date: 23.10.01 Commencement Date: S. 75 on 1.1.02: s. 2 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Statute Law (Further Revision) Act 2002, No. 11/2002 Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 21) on 24.4.02: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002 Assent Date: 12.6.02 Commencement Date: S. 5 on 13.6.02: s. 2(1); ss 3, 4, 6–11 on 29.7.02: Government Gazette 18.7.02 p. 1658 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003 Assent Date: 11.6.03 Commencement Date: Ss 26, 27 on 12.6.03: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 155 on 1.7.04: s. 2(2); s. 171 on 1.1.05: s. 2(4) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 Assent Date: 25.5.04 Commencement Date: Ss 22, 23 on 26.5.04: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Authorised by the Chief Parliamentary Counsel 197 Electricity Safety Act 1998 No. 25 of 1998 Endnotes Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 64) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005 Assent Date: 21.6.05 Commencement Date: S. 3 on 22.6.05: s. 2 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Safe Victoria Act 2005, No. 39/2005 Assent Date: 27.7.05 Commencement Date: Ss 44–48, Sch. 1 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 15) on 1.7.07: Government Gazette 28.6.07 p. 1304 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 10) on 10.8.05: s. 2(2)(e) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 14) on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Safety Amendment Act 2007, No. 61/2007 (as amended by Nos 25/2008, 57/2009) Assent Date: 4.12.07 Commencement Date: Ss 12–16 on 5.12.07: s. 2(1), ss 4(1)(3), 5, 7–11 on 13.12.09: Government Gazette 10.12.09 p. 3215; s. 4(2) never proclaimed, repealed by No. 57/2009 s. 13(2); s. 6 never proclaimed, repealed by No. 57/2009 s. 15 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Authorised by the Chief Parliamentary Counsel 198 Electricity Safety Act 1998 No. 25 of 1998 Endnotes Energy and Resources Legislation Amendment Act 2008, No. 25/2008 Assent Date: 3.6.08 Commencement Date: Ss 3–7 on 4.6.08: s. 2(1); s. 8 on 1.1.10: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008 Assent Date: 22.10.08 Commencement Date: Ss 41, 42 on 23.10.08: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy and Resources Legislation Amendment Act 2009, No. 57/2009 Assent Date: 21.10.09 Commencement Date: Ss 4, 5, 9–11 on 13.12.09: Government Gazette 10.12.09 p. 3215; ss 6–8, 12, 43 on 1.9.10: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010) Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 16) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy and Resources Legislation Amendment Act 2010, No. 55/2010 Assent Date: 14.9.10 Commencement Date: S. 36 on 15.9.10: s. 2(2); ss 12–35, 37 on 21.10.10: Government Gazette 14.10.10 p. 2404 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011 Assent Date: 8.11.11 Commencement Date: Ss 3–23 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 14) on 28.6.12: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Rail Safety National Law Application Act 2013, No. 22/2013 Assent Date: 23.4.13 Commencement Date: S. 56 on 19.5.14: Special Gazette (No. 148) 13.5.14 p. 2 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Authorised by the Chief Parliamentary Counsel 199 Electricity Safety Act 1998 No. 25 of 1998 Endnotes Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013 Assent Date: 18.6.13 Commencement Date: S. 12 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 16) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Safety Amendment (Bushfire Mitigation) Act 2014, No. 2/2014 Assent Date: 11.2.14 Commencement Date: Ss 4–11, 12(1), 13, 14 on 1.4.14: Special Gazette (No. 94) 25.3.14 p. 1; s. 12(2) on 29.6.15: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 51) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation Amendment (Customer Metering Protections and Other Matters) Act 2014, No. 46/2014 Assent Date: 1.7.14 Commencement Date: Ss 8–10 on 30.7.14: Special Gazette (No. 254) 29.7.14 p. 1 Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017 Assent Date: 14.2.17 Commencement Date: Ss 11–13 on 1.1.18: s. 2(3) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Safety Amendment (Bushfire Mitigation Civil Penalties Scheme) Act 2017, No. 18/2017 Assent Date: 16.5.17 Commencement Date: Ss 4–6 on 1.9.17: s. 2(2) Current State: This information relates only to the provision/s amending the Electricity Safety Act 1998 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 200 Electricity Safety Act 1998 No. 25 of 1998 Endnotes 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel 201 Electricity Safety Act 1998 No. 25 of 1998 Endnotes 4 Explanatory details No entries at date of publication. Authorised by the Chief Parliamentary Counsel 202

Electricity Safety Act 1998 (No. 25)

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