Electrical Safety and Other Legislation Amendment Bill 2025

An Act to amend the Electrical Safety Act 2002, the Electrical Safety Regulation 2013, the Work Health and Safety and Other Legislation Amendment Act 2024 and the legislation mentioned in schedule 1 for particular purposes

1Short title

This Act may be cited as the Electrical Safety and Other Legislation Amendment Act 2025.

2Act amended

This part amends the Electrical Safety Act 2002.

Note—

See also the amendments in schedule 1.

3Amendment of s 122B (Delegation by regulator)

Section 122B(2)—
omit, insert—

(2)However, the regulator can not delegate the regulator’s power under section 122D or 122E.

4Insertion of new s 122D

After section 122C—
insert—

122D Unsafe equipment directions

(1)This section applies if the regulator is satisfied on reasonable grounds that an item of electrical equipment, or a type of electrical equipment—

(a)is or is likely to become unsafe in use; or

(b)has inadequate information marked on, or accompanying, the equipment.

(2)The regulator may, by gazette notice, give 1 or more of the following directions (each an unsafe equipment direction)—

(a)a direction prohibiting the sale of the item of electrical equipment or the type of electrical equipment;

(b)a direction prohibiting the installation of the item of electrical equipment or the type of electrical equipment;

(c)a direction prohibiting the use of the item of electrical equipment or the type of electrical equipment.

(3)An unsafe equipment direction must also state—

(a)the person, or class of persons, to whom the direction applies; and

(b)the period, of not more than 10 years, for which the direction applies; and

(c)that a person to whom the direction applies must comply with the direction unless the person has a reasonable excuse.

(4)Despite subsection (3)(b), the same unsafe equipment direction may be given more than once in relation to the same item of electrical equipment or type of electrical equipment.

(5)A person to whom an unsafe equipment direction applies must comply with the direction unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(6)Subsection (5) places an evidential burden on the defendant to show a reasonable excuse.

(7)In considering the matters mentioned in subsection (1), the regulator may consider—

(a)any relevant standard providing for safety requirements about electrical equipment; or

(b)any other relevant matter.

(8)The regulator must publish on the department’s website—

(a)a copy of each unsafe equipment direction; and

(b)a notice complying with the QCAT Act, section 157(2) for the decision to give the unsafe equipment direction.

(9)For an unsafe equipment direction given under subsection (2)(a), the regulator must give a copy of the documents mentioned in subsection (8) to each person the regulator knows to be, or is likely to be, a seller of the item or type of electrical equipment to which the direction applies.

Note—

For an unsafe equipment direction given under subsection (2)(b) or (c), see the QCAT Act, s 157(1) for the requirement to give notice of the decision to give the direction.

(10)It is not a reasonable excuse for a person to fail to comply with an unsafe equipment direction on the basis that the person did not receive a document under—

(a)for a direction given under subsection (2)(a)—subsection (9); or

(b)for another direction—the QCAT Act, section 157(1).

5Amendment, relocation and renumbering of s 206 (Electrical safety notification)

(1)Section 206(3)(b)—
omit.

(2)Section 206(3)(c)—
renumber as section 206(3)(b).

(3)Section 206—
relocate to part 10, division 1 and renumber as section 122E.

6Amendment of s 210 (Regulation-making power)

Section 210—
insert—

(6)A regulation may provide for an electricity entity, or a class of electricity entities, to give notices requiring action to be taken in relation to defective electrical equipment.

7Insertion of new pt 24

After part 23—
insert—

Part 24 Validation and transitional provisions for Electrical Safety and Other Legislation Amendment Act 2025

260Definition for part

In this part—

new, in relation to a provision of this Act, means the provision as in force from the commencement.

261Validation of notices given by electricity entities before commencement

(1)This section applies if, before the commencement, an electricity entity gave a notice to a person in control of electrical equipment about a defect affecting the electrical safety of the electrical equipment.

(2)The giving of the notice to the person in control of the electrical equipment is taken to be, and to have always been, as valid as it would have been if new section 210 had been in force at the time the notice was given.

(3)Anything done as a result of the giving of the notice to the person in control of the electrical equipment is taken to be, and to have always been, as valid as it would have been if new section 210 had been in force at the time the notice was given.

(4)In this section—

given includes purported to be given.

262Continuation of particular prohibitions as unsafe equipment directions

(1)This section applies to a prohibition under former section 192 of the regulation that was in effect immediately before the commencement.

(2)If the prohibition was a continuing installing prohibition, the prohibition continues in effect from the commencement as if it were an unsafe equipment direction under new section 122D(2)(a) and (b).

(3)If the prohibition was a continuing use prohibition, the prohibition continues in effect from the commencement as if it were an unsafe equipment direction under new section 122D(2)(a) and (c).

(4)However, new section 122D(8) and (9) does not apply to an unsafe equipment direction mentioned in subsection (2) or (3).

(5)For subsection (2) and (3), the unsafe equipment direction is taken to have—

(a)been given by the regulator personally; and

(b)been given by a gazette notice published on the commencement; and

(c)stated all persons as the persons to whom the direction applies; and

(d)stated a period of 10 years for which the direction applies; and

(e)stated the matter mentioned in new section 122D(3)(c).

(6)For subsection (2), to remove any doubt, it is declared that a reference in a prohibition provision to prohibiting the use of an item of electrical equipment, or a type of electrical equipment, is taken to have always included a reference to prohibiting the installation of the item of electrical equipment or type of electrical equipment.

(7)A prohibition other than a continuing installing prohibition or continuing use prohibition ceases to have effect on the commencement.

(8)In this section—

continuing installing prohibition means a prohibition under former section 192 of the regulation published in the gazette on the following dates—

(a)11 October 2013, at page 207;

(b)23 December 2014, at page 563;

(c)9 October 2015, at page 175.

continuing use prohibition means a prohibition under former section 192 of the regulation published in the gazette on the following dates—

(a)10 May 2017, at page 29;

(b)9 June 2020, at page 331;

(c)6 July 2022, at page 345;

(d)6 March 2024, at page 337.

former section 192 of the regulation means the Electrical Safety Regulation 2013, section 192 as in force immediately before the commencement.

prohibition provision means—

(a)former section 192 of the regulation; or

(b)the repealed Electrical Safety Regulation 2002, section 126D as it was in force from time to time before its repeal by the Electrical Safety Regulation 2013.

8Regulation amended

This part amends the Electrical Safety Regulation 2013.

9Omission of s 192 (Regulator may prohibit the sale or use of electrical equipment on safety grounds)

Section 192—
omit.

10Act amended

This part amends the Work Health and Safety and Other Legislation Amendment Act 2024.

11Omission of s 9 (Amendment of s 32 (The regulator))

Section 9—
omit.

Editor’s note—

Legislation ultimately amended—

•Safety in Recreational Water Activities Act 2011

12Omission of s 52 (Insertion of new s 155A)

Section 52—
omit.

Editor’s note—

Legislation ultimately amended—

•Work Health and Safety Act 2011

13Amendment of s 64 (Amendment of s 271 (Confidentiality of information))

Section 64(1)—
omit.

Editor’s note—

Legislation ultimately amended—

•Work Health and Safety Act 2011

14Legislation amended

Schedule 1 amends the legislation it mentions.

section 14

1Section 35(1), note, ‘section 206’—

omit, insert—

section 122E

2Schedule 2, definition electrical safety notification, ‘section 206’—

omit, insert—

section 122E

1Section 271A(1), ‘or (1A)’—

omit.

© State of Queensland 2025