Electricity (Electrical Articles) Regulation 1994


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ELECTRICITY (ELECTRICAL ARTICLES) REGULATION 1994
Queensland Electricity Act 1994 ELECTRICITY (ELECTRICAL ARTICLES) REGULATION 1994 Reprinted as in force on 1 October 2002 (includes amendments up to SL No. 26 of 2002) This is the reprint current on the repeal date Reprint No. 3C This reprint is prepared by the Office of the Queensland Parliamentary Counsel Warning—This reprint is not an authorised copy
Information about this reprint This regulation is reprinted as at 1 October 2002. The reprint shows the law as amended by all amendments that commenced on or before that day (Reprints Act 1992 s 5(c)). The reprint includes a reference to the law by which each amendment was made—see list of legislation and list of annotations in endnotes. This page is specific to this reprint. See previous reprints for information about earlier changes made under the Reprints Act 1992. A table of earlier reprints is included in the endnotes. Also see endnotes for information about— when provisions commenced editorial changes made in earlier reprints. Dates shown on reprints Reprints dated at last amendment All reprints produced on or after 1 July 2002, hard copy and electronic, are dated as at the last date of amendment. Previously reprints were dated as at the date of publication. If a hard copy reprint is dated earlier than an electronic version published before 1 July 2002, it means the legislation was not further amended and the reprint date is the commencement of the last amendment. If the date of a hard copy reprint is the same as the date shown for an electronic version previously published, it merely means that the electronic version was published before the hard copy version. Also, any revised edition of the previously published electronic version will have the same date as that version. Replacement reprint date If the date of a hard copy reprint is the same as the date shown on another hard copy reprint it means that one is the replacement of the other.
Queensland ELECTRICITY (ELECTRICAL ARTICLES) REGULATION 1994 TABLE OF PROVISIONS Section Page CHAPTER 1—PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 2 Purposes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 3 How purposes are to be achieved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 4 Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 5 Way of describing electrical articles and appliances. . . . . . . . . . . . . . . . . . . 8 CHAPTER 2—APPROVAL, SALE AND USE OF ELECTRICAL ARTICLES PART 1—PRESCRIBED ELECTRICAL ARTICLES Division 1—Standards and approvals for prescribed electrical articles 5A What is a “prescribed electrical article” . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6 Relevant standards for prescribed electrical articles . . . . . . . . . . . . . . . . . . . 9 7 Queensland approvals of prescribed electrical articles etc.. . . . . . . . . . . . . . 9 8 External approvals of prescribed electrical articles etc. . . . . . . . . . . . . . . . . 9 Division 2—Restriction on hire or sale of prescribed electrical articles 9 Hire or sale of prescribed electrical articles . . . . . . . . . . . . . . . . . . . . . . . . . 10 Division 3—Queensland approval of types of prescribed electrical articles 10 Application for approval of type of prescribed electrical article. . . . . . . . . . 10 11 Approval of type of prescribed electrical article . . . . . . . . . . . . . . . . . . . . . . 11 12 Refusal to approve type of prescribed electrical article . . . . . . . . . . . . . . . . 11 13 Term of approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Division 4—Changes to approvals 14 Changing name and address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
2 Electricity (Electrical Articles) Regulation 1994 15 Changing approval to include type of electrical article not significantly different to approved type of electrical article .................. 16 Application to change approval to include new model type . . . . . . . . . . . . . 17 Changing approval of type of electrical article to include new model type . 18 Refusal to change approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 5—Transfer and cancellation of approvals 19 Transfer of approval of type of prescribed electrical article . . . . . . . . . . . . . 20 Cancellation of approval of approved type of electrical article. . . . . . . . . . . 21 Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Registered declarant to return certificate of approval . . . . . . . . . . . . . . . . . . Division 6—Marking of approved electrical articles 23 Marking of approved electrical articles. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Approval by the regulator not to mark approved electrical article . . . . . . . . Division 7—Regulator may require testing of approved electrical article 25 Regulator may require approved electrical article be submitted for testing etc. .......................................... 26 Procedures for obtaining approved electrical article to be tested etc. . . . . . . 27 Identification of approved electrical article to be tested . . . . . . . . . . . . . . . . 28 Costs of testing etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 No liability for damage necessarily caused during testing . . . . . . . . . . . . . . 30 Return of articles given to the regulator . . . . . . . . . . . . . . . . . . . . . . . . . . . . PART 2—NONPRESCRIBED ELECTRICAL ARTICLES 31 Regulator may implement program for certification . . . . . . . . . . . . . . . . . . . 31A Sale of noncomplying nonprescribed electrical articles prohibited . . . . . . . PART 3—PROHIBITION OF HIRE OR SALE OF CERTAIN ELECTRICAL ARTICLES 32 Regulator may prohibit hire, sale or use of electrical articles on safety grounds ........................................... 33 Absence of notice of under s 108A not a defence. . . . . . . . . . . . . . . . . . . . . PART 4—SECOND–HAND ELECTRICAL ARTICLES 34 Prohibition on sale of second-hand electrical articles . . . . . . . . . . . . . . . . . . 35 Labelling of second-hand electrical articles offered for sale. . . . . . . . . . . . . 36 Tests to work out if an electrical article is electrically safe. . . . . . . . . . . . . . 37 Incorrect label not to be attached . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 12 13 13 13 14 14 15 15 15 16 16 16 16 17 17 18 18 19 19 19 20 20 20
3 Electricity (Electrical Articles) Regulation 1994 CHAPTER 3—PRESCRIBED ELECTRICAL EQUIPMENT PART 1—PRELIMINARY 38 Corresponding laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 PART 2—MINIMUM ENERGY EFFICIENCY AND PERFORMANCE Division 1—Definitions 39 What is “prescribed electrical equipment” . . . . . . . . . . . . . . . . . . . . . . . . . . 21 40 What is “relevant standard” for prescribed electrical equipment . . . . . . . . . 22 Division 2—Registration 41 Application for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 42 Requirements for registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 43 Minimum energy efficiency and performance criteria . . . . . . . . . . . . . . . . . 23 44 Notice of registration. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 45 Term of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 46 Change of name or address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 47 Changing registered efficiency label identifying domestic appliance . . . . . . 24 48 Refusal to change registered efficiency label . . . . . . . . . . . . . . . . . . . . . . . . 24 49 Notice of change to efficiency label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Division 3—Transfer and cancellation of registration 50 Transfer of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 51 Notice of transfer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 52 Cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 53 Procedure before cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 54 Notice of cancellation of registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 Division 4—Efficiency label 55 Efficiency label . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 PART 3—TESTING AND TEST REPORTS Division 1—Preliminary 60 Testing of prescribed electrical equipment . . . . . . . . . . . . . . . . . . . . . . . . . . 28 61 Test reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Division 2—Check testing 63 Requirement by regulator to make available prescribed electrical equipment for testing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
4 Electricity (Electrical Articles) Regulation 1994 64 What happens if check testing shows noncompliance . . . . . . . . . . . . . . . . . 65 What happens if check testing shows compliance . . . . . . . . . . . . . . . . . . . . 66 Return of equipment made available to the regulator . . . . . . . . . . . . . . . . . . PART 4—OFFENCES 106 Part does not apply to second-hand prescribed electrical equipment . . . . . . 107 Prescribed electrical equipment in sch 3, pt 1 must be registered and labelled ............................................. 107A Prescribed electrical equipment in sch 3, pt 2 must be registered. . . . . . . . . 107B Prescribed electrical equipment in sch 3, pt 3 must be registered and may be labelled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Representations about 3-phase cage induction motors . . . . . . . . . . . . . . . . . CHAPTER 4—NOTIFICATION OF DECISIONS BY REGULATORS AND APPEALS 108A Notification of decisions and appeal rights . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Who may make an appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Making appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Starting appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Effect of court’s decision on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Procedure of court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CHAPTER 5—GENERAL PROVISIONS 117 Electrical Approval and Energy Labelling Advisory Committee . . . . . . . . . 118 Register of approved electrical articles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Register of registered prescribed electrical equipment . . . . . . . . . . . . . . . . . 120 Inspection of entries in registers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . PRESCRIBED ELECTRICAL ARTICLES AND RELEVANT STANDARDS SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . FEES SCHEDULE 3 . . . . . . . . . . . . . . . . . . . . . . . . 29 29 30 31 31 31 32 32 32 33 33 34 34 34 35 35 35 35 36 36 36 37 38 44 48
5 Electricity (Electrical Articles) Regulation 1994 PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS SCHEDULE 9 . . . . . . . . . . . . . . . . . . . . . . . . APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT SCHEDULE 10 . . . . . . . . . . . . . . . . . . . . . . . DICTIONARY 51 52 ENDNOTES 1 Index to endnotes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 2 Date to which amendments incorporated. . . . . . . . . . . . . . . . . . . . . . 55 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
s1 7 s3 Electricity (Electrical Articles) Regulation 1994 ELECTRICITY (ELECTRICAL ARTICLES) REGULATION 1994 [as amended by all amendments that commenced on or before 1 October 2002] CHAPTER 1—PRELIMINARY 1 Short title This regulation may be cited as the Electricity (Electrical Articles) Regulation 1994 . 2 Purposes The purposes of this regulation are to— (a) ensure electrical articles hired or sold are electrically safe; and (b) provide for the proper measurement of the energy efficiency and performance of electrical equipment; and (c) inform the public about the energy efficiency and performance of electrical equipment. 3 How purposes are to be achieved The purposes of this regulation are to be achieved mainly by— (a) requiring prescribed electrical articles to be approved and marked if they comply with prescribed standards consistent with the national practice for approval of electrical articles; and (b) providing for recognition of approvals in other States and New Zealand; and (c) prohibiting the hire or sale of prescribed electrical articles unless they are approved and marked, and other articles in certain conditions; and (d) providing for the testing of electrical articles; and
s 4 8 s 5A Electricity (Electrical Articles) Regulation 1994 (e) setting standards and procedures for measuring energy efficiency and the performance of electrical equipment; and (f) providing for the registration of electrical equipment; and (g) providing for the labelling of electrical equipment. 4 Definitions—the dictionary (1) The dictionary in schedule 10 defines particular words used in this regulation. (2) Definitions found elsewhere in the regulation are signposted in the dictionary to help the reader. 5 Way of describing electrical articles and appliances An electrical article or appliance or type of electrical article or appliance may be described by reference to its model or in any other way. CHAPTER 2—APPROVAL, SALE AND USE OF ELECTRICAL ARTICLES PART 1—PRESCRIBED ELECTRICAL ARTICLES Division 1—Standards and approvals for prescribed electrical articles 5A What is a “prescribed electrical article” (1) Each electrical article listed in schedule 1— (a) is a “prescribed electrical article” ; and (b) has the meaning given the article by the defining standard. (2) Words and expressions used in schedule 1 that are defined in the wiring rules have the same respective meanings in schedule 1. (3) In this section—
s6 9 s8 Electricity (Electrical Articles) Regulation 1994 “defining standard” means Australian Standard/New Zealand Standard 4417 Marking of electrical products to indicate compliance with regulation , part 2 Specific requirements for electrical safety regulatory applications. “wiring rules” means Australian/New Zealand Standard AS/NZS 3000—Electrical installations (known as the Australian/New Zealand Wiring Rules). 6 Relevant standards for prescribed electrical articles A relevant standard for a prescribed electrical article ( “relevant standard” ) is— (a) the standard stated in schedule 1 applying to the type of electrical article; or (b) another standard accepted by the regulator instead of the stated standard if the regulator’s requirements for acceptance of the other standard are complied with; or (c) if there is no standard under paragraph (a) or (b) applying to the type of article—the standard required by the regulator for the type of article. 7 Queensland approvals of prescribed electrical articles etc. (1) A type of electrical article is Queensland approved if it is a type of prescribed electrical article approved under this part. (2) An electrical article has a Queensland approval if it is of a type of electrical article that is Queensland approved. 8 External approvals of prescribed electrical articles etc. (1) A type of electrical article is externally approved if it is a type of prescribed electrical article registered, certified or otherwise approved by an external approvals entity to comply with standards required to permit the article to be offered for sale in the entity’s jurisdiction. (2) An electrical article has an external approval if it is of a type of electrical article that is externally approved.
s 9 10 s 10 Electricity (Electrical Articles) Regulation 1994 Division 2—Restriction on hire or sale of prescribed electrical articles 9 Hire or sale of prescribed electrical articles A person must not hire or sell a prescribed electrical article unless— (a) there is a Queensland approval, or an external approval, for the article; and (b) the article is marked— (i) for an article with a Queensland approval—as required under this part; or (ii) for an article with an external approval—as required by law governing the marking of prescribed electrical articles in the external approvals entity’s jurisdiction; or (iii) with an RCM; and (c) the article substantially complies with all relevant standards for the article. Maximum penalty—20 penalty units. Division 3—Queensland approval of types of prescribed electrical articles 10 Application for approval of type of prescribed electrical article An application for approval of a type of prescribed electrical article must— (a) be made in the approved form that includes a declaration by the applicant that an article of the type mentioned in the application has been tested and examined by an approved testing entity in accordance with the relevant standards; and (b) be accompanied by— (i) a test report issued by an approved testing entity stating that an electrical article of the type mentioned in the application has been tested and examined in the last 3 years in accordance with the relevant standards and stating the results of the test and examination; and (ii) the prescribed fee; and
s 11 11 s 14 Electricity (Electrical Articles) Regulation 1994 (iii) if required by the regulator—a sample of the type of article; and (iv) any other relevant information the regulator requires about the construction, operation or safety of the article. 11 Approval of type of prescribed electrical article (1) The regulator may approve the type of prescribed electrical article if the type of article substantially complies with the requirements of the relevant standards for the type of article. (2) The regulator must approve the type of prescribed electrical article by— (a) issuing a certificate for approval for the type of article; and (b) giving the type of article an identification number (an “approval number” ). (3) The regulator must give the certificate to the applicant (the “registered declarant” ). 12 Refusal to approve type of prescribed electrical article If the regulator does not approve the type of prescribed electrical article, the regulator must refuse to approve the type of article. 13 Term of approval Unless it is cancelled earlier, approval of a type of prescribed electrical article is for 5 years. Division 4—Changes to approvals 14 Changing name and address (1) If the name and address of a registered declarant for an approved type of prescribed electrical article changes, the registered declarant must give written notice of the new name or address to the regulator within 14 days of the change. Maximum penalty—8 penalty units.
s 15 12 s 16 Electricity (Electrical Articles) Regulation 1994 (2) The regulator must enter details of the new name or address in the register of approved electrical articles. 15 Changing approval to include type of electrical article not significantly different to approved type of electrical article The approval of a type of prescribed electrical article (the “existing type” ) may be changed to include another type of prescribed electrical article (the “new model type” ) if— (a) the new model type is not significantly different to the existing type; and (b) the new model type complies with the relevant standards for the existing type. 16 Application to change approval to include new model type The application to change the approval of the existing type of electrical article to include the new model type must— (a) be made in the approved form; and (b) be accompanied by— (i) if required by the regulator—a test report issued by an approved testing entity stating that an electrical article of the new model type has been tested and examined in the last 3 years in accordance with the relevant standards for the type of article and stating the results of the test and examination; and (ii) information required by the regulator to decide if the new model type complies with the relevant standards for the existing type; and (iii) the prescribed fee; and (iv) if required by the regulator—a sample of the new model type.
s 17 13 s 19 Electricity (Electrical Articles) Regulation 1994 17 Changing approval of type of electrical article to include new model type (1) The regulator may change the approval of the existing type of electrical article if the new model type substantially complies with the requirements of the relevant standards for the existing type. (2) The regulator must approve the change by issuing to the registered declarant a certificate (the “attachment certificate” ) to be attached to the original certificate of approval for the existing type. (3) On approval of the change, the new model type is included in the existing type’s approval. 18 Refusal to change approval If the regulator does not change the approval of the existing type of electrical article, the regulator must refuse to change the approval. Division 5—Transfer and cancellation of approvals 19 Transfer of approval of type of prescribed electrical article (1) If the registered declarant for an approved type of prescribed electrical article proposes to transfer the approval to someone else (the “proposed transferee” ), the proposed transferee may apply to the regulator for approval of the transfer. (2) The regulator must approve the transfer if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the relevant certificate of approval; and (ii) the prescribed fee; and (iii) the registered declarant’s written agreement to the transfer. (3) The regulator may approve the transfer even if subsection (2)(b)(i) or (iii) is not complied with if the regulator is satisfied that the registered declarant agrees to the transfer. (4) If the regulator does not approve the transfer, the regulator must refuse to approve the transfer.
s 20 14 s 21 Electricity (Electrical Articles) Regulation 1994 (6) If the regulator approves the transfer, the regulator must— (a) issue to the proposed transferee a new certificate of approval for the type of electrical article; and (b) cancel the old certificate of approval. (7) On approval of a transfer, the proposed transferee becomes the registered declarant for the approved type of electrical article. 20 Cancellation of approval of approved type of electrical article (1) The regulator may cancel the approval of a type of prescribed electrical article (the “approved type” ) if— (a) an electrical article of the approved type does not substantially comply with the relevant standards for the type of article; or (b) an electrical article of the approved type is, or is likely to be, or to become, dangerous in normal use; or (c) the approval was obtained by incorrect or misleading information; or (d) an electrical article of the approved type has been found, on examination by the regulator, to be significantly different to the type of article described in the certificate of approval or test report for the type of article; or (e) the registered declarant has contravened the Act in relation to the approval; or (f) the registered declarant fails to pay the fee (if any) for the approval; or (g) the registered declarant asks for the cancellation. (2) If the regulator cancels the approval of a type of prescribed electrical article, other than at the registered declarant’s request, the regulator must notify the cancellation by gazette notice stating the day of cancellation. 21 Procedure before cancellation (1) If the regulator considers a ground exists to cancel the approval of a type of prescribed electrical article, other than at the registered declarant’s request, the regulator must, before taking the action, give the registered declarant written notice—
s 22 15 s 24 Electricity (Electrical Articles) Regulation 1994 (a) stating the regulator is considering cancelling the approval; and (b) stating the grounds for the proposed cancellation; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) inviting the registered declarant to show, within a stated time of at least 28 days, why the approval should not be cancelled. (2) If, after considering all written representations made by the registered declarant within the stated time, the regulator still considers a ground exists to cancel the approval, the regulator may cancel the approval. 22 Registered declarant to return certificate of approval Within 14 days of being given notice of cancellation of approval of a type of prescribed electrical article, the registered declarant must give the regulator the certificate of approval for the type of article unless the registered declarant has a reasonable excuse. Maximum penalty—8 penalty units. Division 6—Marking of approved electrical articles 23 Marking of approved electrical articles An approved electrical article is marked as required under this division if it is marked with its approval number or another mark approved by the regulator. 24 Approval by the regulator not to mark approved electrical article (1) This section applies if the regulator is of the opinion that an approved electrical article is too small to be marked in accordance with section 23 or, for another reason, should not be marked. (2) The regulator may, by written notice given to a registered declarant for a type of electrical article, exempt the registered declarant from complying with section 23 if each container for each approved electrical article— (a) is marked with the particulars mentioned in that section; and (b) states the nature of the electrical article.
s 25 16 s 28 Electricity (Electrical Articles) Regulation 1994 Division 7—Regulator may require testing of approved electrical article 25 Regulator may require approved electrical article be submitted for testing etc. The regulator may arrange for an approved electrical article to be tested and examined for compliance with relevant standards for the type of prescribed electrical article. 26 Procedures for obtaining approved electrical article to be tested etc. If the regulator decides to have an approved electrical article of a particular type (the “approved type” ) tested and examined, the regulator may— (a) by written notice, require the registered declarant to give the regulator electrical articles of the approved type for testing and examining within a stated reasonable time; or (b) buy, for testing and examining, electrical articles of the approved type at any place where they are offered for sale; or (c) by written notice, require an authorised person to select, for testing and examining, electrical articles of the approved type from a place where the registered declarant has them stored and give them to the regulator within a stated reasonable time. 27 Identification of approved electrical article to be tested Before an electrical article obtained by the regulator for testing and examining is given to an approved testing entity, the regulator must give the registered declarant an opportunity to place an identifying mark on the article and must advise the entity of the mark. 28 Costs of testing etc. (1) If an electrical article tested and examined under this division is found to substantially comply with the relevant standards, the regulator must bear the costs of the testing and examination and compensate the registered declarant for any damage done to the article.
s 29 17 s 30 Electricity (Electrical Articles) Regulation 1994 (2) An amount the registered declarant is entitled to be compensated under subsection (1) may be recovered from the regulator as a debt owing by the State to the registered declarant. (3) If an electrical article tested and examined under this division is found not to substantially comply with the relevant standards, the registered declarant must reimburse the regulator for all costs incurred in obtaining and having the electrical article tested and examined and is not entitled to compensation for damage necessarily caused to the electrical article to enable the article to be properly tested and examined. (4) An amount the regulator is entitled to be reimbursed under subsection (3) may be recovered by the regulator as a debt owing to the State. 29 No liability for damage necessarily caused during testing The registered declarant is not entitled to claim for damage necessarily caused to an electrical article to enable the article to be properly tested for this part. 30 Return of articles given to the regulator (1) This section applies if, at the regulator’s request, a person gives the regulator free of charge an electrical article for testing or with an application under this part. (2) The regulator must notify the person the electrical article is available for collection by the person at a stated place as soon as practicable after— (a) for an article provided for testing— (i) if the regulator believes, on reasonable grounds, that the article is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or (ii) if subparagraph (i) does not apply—the testing; or (b) if the article is given with an application—the regulator decides the application. (3) Despite subsection (2)(a)(i), the regulator must notify the person immediately after the earlier of the following—
s 31 18 s 31A Electricity (Electrical Articles) Regulation 1994 (a) the regulator decides the electrical article is not required as evidence; (b) a prosecution for an offence involving the type of electrical article is not started within 6 months from when the notice would have been given if subsection (2)(a)(i) had not applied. (4) If, at the end of 6 months after the giving of notice, the electrical article has not been collected, the regulator may dispose of the article as the regulator considers appropriate and the person is not entitled to claim for the article or any loss or damage to it. (5) Subsection (2) does not apply if the electrical article was necessarily destroyed by the testing. PART 2—NONPRESCRIBED ELECTRICAL ARTICLES 31 Regulator may implement program for certification (1) The regulator may implement a program for the issue of, including charging of fees for, certificates for nonprescribed electrical articles of their suitability for connection to electricity supply mains. (2) A program under subsection (1) cannot require a person to take part in the program. 31A Sale of noncomplying nonprescribed electrical articles prohibited A person must not sell a nonprescribed electrical equipment to which the safety criteria in AS/NZS 3820 Essential safety requirements for low voltage electrical equipment apply unless the equipment complies with the safety criteria. Maximum penalty—20 penalty units.
s 32 19 s 34 Electricity (Electrical Articles) Regulation 1994 PART 3—PROHIBITION OF HIRE OR SALE OF CERTAIN ELECTRICAL ARTICLES 32 Regulator may prohibit hire, sale or use of electrical articles on safety grounds (1) The regulator may prohibit, by gazette notice, the hire, sale or use of an electrical article if the regulator believes, on reasonable grounds that the electrical article does not comply with the safety criteria in AS/NZS 3820. (2) A person must not contravene the prohibition, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (3) A prohibition remains in force for the time stated in the prohibition or, if no time is stated, without limit of time. 33 Absence of notice of under s 108A not a defence The fact that a notice that must be given under section 108A 1 to a likely or known hirer or supplier of an electrical article, for which a prohibition is in force under section 32(1), has not been received is not a defence in a proceeding against a person who has hired or sold an electrical article in contravention of section 32(2). PART 4—SECOND–HAND ELECTRICAL ARTICLES 34 Prohibition on sale of second-hand electrical articles (1) A person must not sell a second-hand electrical article unless it has a label, complying with this part, securely attached to it. Maximum penalty—20 penalty units. (2) A person must not sell a second-hand electrical article that is a prescribed electrical article unless it complies with section 9(a) and (b). 2 1 Section 108A (Notification of decisions and appeal rights) 2 Section 9 (Hire or sale of prescribed electrical articles)
s 35 20 s 37 Electricity (Electrical Articles) Regulation 1994 Maximum penalty—20 penalty units. (3) Subsections (1) and (2) apply only if the person is involved in the business of selling electrical articles. 35 Labelling of second-hand electrical articles offered for sale (1) A second-hand electrical article offered for sale must be labelled with a label stating that the electrical article has not been proved to be electrically safe. (2) However, if the electrical article has been tested by an electrical worker who is qualified to perform electrical work (a “qualified electrical worker” ) and has been found to be electrically safe, the article may be labelled with a label complying with subsection (3). (3) The label mentioned in subsection (2) must certify the electrical article has been tested by a qualified electrical worker and has been found to be electrically safe. (4) A label must be in the approved form. (5) Subsection (1) does not apply to the sale of a second-hand electrical article to a person as part of the business of the person of dealing in, repairing or reconditioning electrical articles. 36 Tests to work out if an electrical article is electrically safe (1) An electrical worker who performs tests on an electrical article to work out if it is electrically safe must perform the tests in accordance with the testing procedures for the article published by, and available from, the regulator. (2) Until a particular procedure is published by the regulator, the testing procedure for the article is the latest procedure published by the Queensland Electricity Commission before the commencement. Maximum penalty—8 penalty units. 37 Incorrect label not to be attached (1) A person must not attach to a second-hand electrical article a label containing a statement about the electrical safety of the article that the person knows is false, misleading or incomplete in a material particular.
s 38 21 s 39 Electricity (Electrical Articles) Regulation 1994 Maximum penalty—20 penalty units. (2) It is enough for a complaint for an offence against subsection (1) to state the label was false, misleading or incomplete to the person’s knowledge. CHAPTER 3—PRESCRIBED ELECTRICAL EQUIPMENT PART 1—PRELIMINARY 38 Corresponding laws In this chapter each of the following laws is a “corresponding law” Electrical Products Act 1988 (SA) Electricity Safety Act 1945 (NSW) Energy Administration Act 1987 (NSW) State Electricity Regulator Act 1958 (Vic). PART 2—MINIMUM ENERGY EFFICIENCY AND PERFORMANCE Division 1—Definitions 39 What is “prescribed electrical equipment” Each item of electrical equipment listed in schedule 3— (a) is “prescribed electrical equipment” ; and (b) has the meaning given the item by the relevant standard.
s 40 22 s 41 Electricity (Electrical Articles) Regulation 1994 40 What is “relevant standard” for prescribed electrical equipment The “relevant standard” for an item of prescribed electrical equipment is the standard stated in schedule 3 for the item. Division 2—Registration 41 Application for registration An application for registration of an item of prescribed electrical equipment must— (a) be made in the form set out in part 2 of the relevant standard; and (b) be accompanied by the following— (i) the prescribed fee; (ii) the test results and calculations mentioned in part 2 of the relevant standard; (iii) the other test results mentioned in part 2, in the form set out in part 2 of the relevant standard; (iv) if the item is mentioned in schedule 3, part 1—a sample of a label for the item; (v) if the item is mentioned in schedule 3, part 3 and the item is to be labelled—a sample of a label for the item; (vi) if required by the regulator—a sample of the equipment; (vii) any other relevant information the regulator requires to decide the application. (2) The application may specify a range of models of the 1 brand in the same application if each of the models has the same relevant physical characteristics, energy efficiency and performance characteristics. (3) If a person other than the applicant signs the application, the application must be accompanied by the applicant’s written authority for the person to sign the application. (4) The regulator may waive the requirement under subsection (1)(b)(ii) and (iii).
s 42 23 s 45 Electricity (Electrical Articles) Regulation 1994 42 Requirements for registration The regulator may register an item of prescribed electrical equipment only if the regulator considers— (a) the item complies with section 43; and (b) if the equipment is mentioned in schedule 3, part 1—the equipment’s label conforms with section 55; 3 and (c) if the equipment is mentioned in schedule 3, part 3 and the equipment is to be labelled—the equipment’s label conforms with section 55. 43 Minimum energy efficiency and performance criteria (1) This section sets out the requirements that an item of prescribed electrical equipment must comply with for section 42(a). (2) An item of prescribed electrical equipment mentioned in schedule 3, part 1 or 3 must, if tested in accordance with part 1 of the relevant standard, comply with the performance criteria for the item in part 2 of the relevant standard. (3) An item of prescribed electrical equipment mentioned in schedule 3, part 2 must comply with the energy efficiency requirements for the item in the relevant standard. 44 Notice of registration Within 28 days after registering an item of prescribed electrical equipment, the regulator must give written notice of the registration, and the date of registration, to the applicant. 45 Term of registration Registration of an item of prescribed electrical equipment is for 5 years unless it is cancelled earlier. 3 Section 55 (Efficiency label)
s 46 24 s 49 Electricity (Electrical Articles) Regulation 1994 46 Change of name or address (1) The holder of a registration of an item of prescribed electrical equipment whose name or address changes must give written notice of the change to the regulator within 14 days of the change. Maximum penalty—8 penalty units. (2) The regulator must enter details of the new name or address in the register. 47 Changing registered efficiency label identifying domestic appliance (1) The holder of a registered efficiency label may apply to the regulator for approval of a change to the label to reflect a change in the way a domestic appliance of the type to which the label relates is identified. (2) The regulator may approve the change if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the prescribed fee; and (ii) a sample of the changed efficiency label. 48 Refusal to change registered efficiency label If the regulator does not approve a change to a registered efficiency label for which application is made, the regulator must refuse to approve the change. 49 Notice of change to efficiency label Within 28 days of approving a change to a registered efficiency label, the regulator must give written notice of the change to the holder of the label.
s 50 25 s 52 Electricity (Electrical Articles) Regulation 1994 Division 3—Transfer and cancellation of registration 50 Transfer of registration (1) If the holder of a registration of an item of prescribed electrical equipment proposes to transfer registration to someone else (the “proposed transferee” ), the proposed transferee may apply to the regulator for approval of the transfer. (2) The regulator must approve the transfer if the application— (a) is made in the approved form; and (b) is accompanied by— (i) the prescribed fee; and (ii) the holder’s written agreement to the transfer. (3) However, the regulator must refuse to approve the transfer of registration if the item is an approved type of prescribed electrical article and application has not been made to transfer the approval of the type of prescribed electrical article to the proposed transferee. (4) If the regulator does not approve the transfer, the regulator must refuse to approve the transfer. 51 Notice of transfer Within 28 days of approving the transfer of registration of an item of prescribed electrical equipment, the regulator must give written notice of the transfer to the proposed transferee and the former holder. 52 Cancellation of registration (1) The regulator may cancel the registration of an item of prescribed electrical equipment if— (a) the regulator examines or tests the item and finds that it does not comply with the relevant standard; or (b) the holder engages in conduct likely to mislead the public about the performance, rating, capacity or the characteristics of the item required by the relevant standard; or
s 53 26 s 53 Electricity (Electrical Articles) Regulation 1994 (c) the holder gave the regulator false or misleading information about the application for registration, or transfer of registration, of the item; or (d) the holder fails to pay the fee (if any) for the registration; or (e) the holder asks for the cancellation. (2) If registration of an item (the “primary item” ) of prescribed electrical equipment is cancelled, the regulator may also cancel the registration of any other item of prescribed electrical equipment that the regulator is satisfied— (a) has the same relevant physical characteristics, energy efficiency and performance characteristics as the primary item; and (b) was registered on the basis of the same test results as the test results for the primary item. 53 Procedure before cancellation (1) If the regulator considers a ground exists to cancel the registration of an item of prescribed electrical equipment, other than at the holder’s request, the regulator must, before taking the action, give the holder written notice— (a) stating the regulator is considering cancelling the registration; and (b) stating the grounds for the proposed cancellation; and (c) outlining the facts and circumstances forming the basis for the grounds; and (d) inviting the holder to show, within a stated time of at least 15 business days, why the registration should not be cancelled. (2) If, after considering all written representations made by the holder within the stated time, the regulator still considers a ground exists to cancel the registration, the regulator may cancel the registration. (3) Cancellation of registration takes effect on the 6th business day after the holder is given notice of cancellation.
s 54 27 s 55 Electricity (Electrical Articles) Regulation 1994 54 Notice of cancellation of registration (1) Immediately on receipt of a notice of cancellation of the registration of an item of prescribed electrical equipment, the holder must give written notice of the cancellation to each person to whom the holder has sold an item of the type that was registered. (2) Subsection (1) does not require the giving of a notice to a person to whom the type of item had been sold by retail or had been sold at least a year before the notice was received. Division 4—Efficiency label 55 Efficiency label An efficiency label 4 for an item of prescribed electrical equipment listed in schedule 3, part 1 or 3 must— (a) comply with part 2 of the relevant standard for the item; and (b) be attached to the item— (i) in the way shown in part 2 of the relevant standard; or (ii) in another way approved by the regulator; and (c) not be attached in a way that it is obscured from view; and (d) not contain any figures, symbols or other words likely to mislead the public about— (i) the item’s comparative energy consumption, energy efficiency rating or performance characteristics; or (ii) for a room airconditioner—its energy value. 4 See part 4 (Offences) for when equipment must be labelled.
s 60 28 s 61 Electricity (Electrical Articles) Regulation 1994 PART 3—TESTING AND TEST REPORTS Division 1—Preliminary 60 Testing of prescribed electrical equipment (1) An item of prescribed electrical equipment mentioned in schedule 3, part 1 or 3 must be tested under this part in accordance with part 1 of the relevant standard to find out whether it complies with the performance criteria in part 2 of the relevant standard. (2) An item of prescribed electrical equipment mentioned in schedule 3, part 2, item 6 must be tested under this part to find out whether it complies with the energy efficiency requirements in part 2, item 6 of the relevant standard. (3) An item of prescribed electrical equipment mentioned in schedule 3, part 2, item 7 must be tested under this part in accordance with part 102.3 of the relevant standard to find out whether it complies with the minimum energy performance requirements in part 5 of the relevant standard. (4) The testing may be done only by an entity approved by the regulator. 61 Test reports (1) The results of the test must be recorded in a test report. (2) The test report must be in the approved form and contain the following information about the test— (a) the provision of this regulation, under which the testing was conducted; (b) the name of the entity that conducted the test; (c) the date of the test; (d) the date of the report; (e) the results of the test; (f) other information required to be included in the report under this part.
s 63 29 s 65 Electricity (Electrical Articles) Regulation 1994 Division 2—Check testing 63 Requirement by regulator to make available prescribed electrical equipment for testing (1) The regulator may, by written notice given to the holder of the registration of an item of prescribed electrical equipment, require the holder to make an item of the type registered available for the testing ( “check testing” ) mentioned in section 60. (2) The requirement must state— (a) the period, of at least 1 month from the giving of the requirement, within which the item must be made available; and (b) the place where the item is to be made available; and (c) an amount estimated to cover the actual, reasonable cost of the check testing and when it is to be paid to the regulator. (3) The holder must make the item available and pay the amount as stated in the requirement. 64 What happens if check testing shows noncompliance (1) This section applies if a check test shows that an item of prescribed electrical equipment does not comply with a performance criteria or energy efficiency requirement of the relevant standard. (2) If the actual cost of testing the item is greater than the amount paid under section 63(3) for the check test, the difference may be recovered by the regulator from the holder as a debt owing to the State. (3) This section does not affect section 52. 5 65 What happens if check testing shows compliance (1) This section applies if a check test shows that an item of prescribed electrical equipment complies with the performance criteria or energy efficiency requirements of the relevant standard. (2) The regulator must refund to the holder the amount paid under section 63(3) for the check test. 5 Section 52 (Cancellation of registration)
s 66 30 s 66 Electricity (Electrical Articles) Regulation 1994 (3) The amount may be recovered by the holder from the regulator as a debt owing by the State to the holder. 66 Return of equipment made available to the regulator (1) This section applies if, at the regulator’s request, a person makes available to the regulator free of charge an item of prescribed electrical equipment for testing or with an application under this chapter. (2) The regulator must notify the person that the equipment is available for collection by the person at a stated place as soon as practicable after— (a) for an item made available for testing— (i) if the regulator believes, on reasonable grounds, that the item is required as evidence in a prosecution for an offence—the prosecution and any appeal from the prosecution; or (ii) if subparagraph (i) does not apply—the testing; or (b) if the item is made available with an application—the regulator decides the application. (3) Despite subsection (2)(a)(i), the regulator must notify the person immediately after the earlier of the following— (a) the regulator decides the equipment is not required as evidence; (b) a prosecution for an offence involving the type of equipment is not started within 6 months from when the notice would have been given if subsection (2)(a)(i) had not applied. (4) If, at the end of 6 months after the giving of notice, the equipment has not been collected, the regulator may dispose of the item as the regulator considers appropriate and the person is not entitled to claim for the appliance or any loss or damage to it.
s 106 31 Electricity (Electrical Articles) Regulation 1994 s 107A PART 4—OFFENCES 106 Part does not apply to second-hand prescribed electrical equipment This part does not apply to a second-hand item of prescribed electrical equipment. 107 Prescribed electrical equipment in sch 3, pt 1 must be registered and labelled (1) A person must not sell, offer to sell, publicly display or expose or advertise for sale, whether by wholesale or retail, an item (the “sale item” ) of prescribed electrical equipment mentioned in schedule 3, part 1 unless— (a) an item of the same type of prescribed electrical equipment as the sale item is registered under section 41; 6 and (b) an efficiency label is attached to the sale item and the label conforms with, and is attached in the way required by, section 55. 7 Maximum penalty—20 penalty units. (2) Subsection (1) does not apply if— (a) the sale item is registered under a corresponding law; and (b) an efficiency label is attached to the sale item and the label conforms with, and is attached in the way required by, the corresponding law. 107A Prescribed electrical equipment in sch 3, pt 2 must be registered A person must not sell, offer to sell, publicly display or expose or advertise for sale, whether by wholesale or retail, an item of prescribed electrical equipment mentioned in schedule 3, part 2 unless an item of the same type of prescribed electrical equipment as the item is registered under section 41. Maximum penalty—20 penalty units. 6 Section 41 (Application for registration) 7 Section 55 (Efficiency label)
s 107B 32 Electricity (Electrical Articles) Regulation 1994 s 108A 107B Prescribed electrical equipment in sch 3, pt 3 must be registered and may be labelled (1) A person must not sell, offer to sell, publicly display or expose or advertise for sale, whether by wholesale or retail, an item (the “sale item” ) of prescribed electrical equipment mentioned in schedule 3, part 3 unless— (a) an item of the same type of prescribed electrical equipment as the sale item is registered under section 41; and (b) if an efficiency label is attached to the sale item, the label conforms with, and is attached in the way required by, section 55. Maximum penalty—20 penalty units. (2) Subsection (1) does not apply if— (a) the sale item is registered under a corresponding law; and (b) if an efficiency label is attached to the sale item, the label conforms with, and is attached in the way required by, the corresponding law. 108 Representations about 3-phase cage induction motors A person must not represent that a 3-phase cage induction motor mentioned in schedule 3, part 2 is a high efficiency motor unless the motor complies with the high efficiency performance requirements for the item in part 5 of the relevant standard. Maximum penalty—20 penalty units. CHAPTER 4—NOTIFICATION OF DECISIONS BY REGULATORS AND APPEALS 108A Notification of decisions and appeal rights (1) When the regulator makes a decision mentioned in schedule 9, the regulator must, within 28 days after making the decision, give to the persons mentioned in subsection (2) a written notice stating the following— (a) the decision;
s 109 33 Electricity (Electrical Articles) Regulation 1994 s 110 (b) the reasons for the decision; (c) the persons may appeal against the decision under section 109. (2) The persons the regulator must give notice to under subsection (1) are as follows— (a) all persons who applied to the regulator to make the decision; (b) for decisions under sections 12 and 43—the applicant; (c) for decisions under sections 18 and 20—the registered declarant; (d) for decisions under section 19—the registered declarant and the proposed transferee; (e) as far as practicable, likely or known hirers or suppliers of an electrical article prohibited from sale or hire under section 32; (f) for decisions under section 50—the holder of the registration and the proposed transferee; (g) for decisions under section 52—the holder of the registration; (h) other persons whose interests the regulator knows are affected by the decision. 109 Who may make an appeal A person whose interests are affected by a decision of the regulator mentioned in schedule 9 may appeal against the decision to the Magistrates Court. 110 Making appeals (1) An appeal under this chapter must be made within 28 days after the notice of the decision is given to the person. (2) However, if— (a) the notice did not state reasons for the decision; and (b) the person asked for a statement of reasons for the decision within the period mentioned in subsection (1); the person may make the application within 28 days after the person is given the statement of reasons. (3) In addition, the court may extend the period for making an appeal, even though the time for making the appeal has expired.
s 111 34 Electricity (Electrical Articles) Regulation 1994 s 113 111 Starting appeals (1) An appeal is started by filing written notice of appeal with the court. (2) A copy of the notice must be served on the regulator. (3) An appeal may be made to the Magistrates Court nearest the place where the applicant resides or carries on business. 112 Stay of operation of decisions (1) A Magistrates Court may grant a stay of the decision to secure the effectiveness of the appeal. (2) A stay— (a) may be given on the conditions the court considers appropriate; and (b) operates for the period fixed by the court; and (c) may be revoked or amended by the court. (3) The period of a stay under this section must not extend past the time when the court decides the appeal. (4) An appeal against a decision affects the decision, or carrying out of the decision, only if the decision is stayed. 113 Powers of court on appeal (1) In deciding an appeal, a court— (a) has the same powers as the decision maker; and (b) is not bound by the rules of evidence; and (c) must comply with natural justice; and (d) may hear the appeal in court or in chambers. (2) An appeal is by way of rehearing. (3) The court may— (a) confirm the decision; or (b) set aside the decision and substitute another decision; or (c) set aside the decision and return the issue to the regulator with the directions the court considers appropriate.
s 114 35 Electricity (Electrical Articles) Regulation 1994 s 117 114 Effect of court’s decision on appeal If the court substitutes another decision, the substituted decision is, for this regulation (other than this chapter), taken to be the regulator’s decision. 115 Procedure of court (1) The power to make rules of court for a Magistrates Court under the Magistrates Courts Act 1921 includes power to make rules of court for appeals to the court under this chapter. (2) The procedure for appeal to a court under this part is— (a) in accordance with its rules of court; or (b) in the absence of relevant rules, as directed by a magistrate. (3) The court may make any order about costs it considers just. 116 Appeals An appeal to the District Court from a decision of a Magistrates Court may be made only on a question of law. CHAPTER 5—GENERAL PROVISIONS 117 Electrical Approval and Energy Labelling Advisory Committee (1) There is to be a committee called the Electrical Approval and Energy Labelling Advisory Committee (the “committee” ). (2) The committee is to be constituted as decided by the regulator. (3) The functions of the committee are to— (a) investigate and report to the regulator on issues referred to it about safety of electrical articles and the energy efficiency labelling of items that are prescribed electrical equipment; and (b) advise the regulator on issues about certificates for nonprescribed electrical articles of their suitability for connection to electricity supply mains; and
s 118 36 Electricity (Electrical Articles) Regulation 1994 s 120 (c) recommend on issues referred to it about energy efficiency labelling of items that are prescribed electrical equipment; and (d) recommend on issues referred to it about the approval, hire, sale or use of electrical articles; and (e) recommend on issues referred to it about action the regulator may take about unsafe electrical articles. (4) The committee is to conduct its meetings and business in the way decided by the regulator. 118 Register of approved electrical articles (1) The regulator must keep a register of approved electrical articles. (2) The register must contain particulars of— (a) certificates of approval issued under chapter 2; 8 and (b) transfers or cancellations of approvals under chapter 2. (3) The register may be kept in the form (whether or not documentary form) the regulator considers appropriate. 119 Register of registered prescribed electrical equipment (1) The regulator must keep a register of each item of prescribed electrical equipment registered by the regulator. (2) The regulator may enter in the register any particulars contained in an application for registration, or transfer of registration, of the item. (3) The register may be kept in any way the regulator considers appropriate. (4) The register may form part of a national register. 120 Inspection of entries in registers The regulator must— (a) keep each register open for inspection, on payment of the prescribed fee, by members of the public during office hours on business days; and 8 Chapter 2 (Approval, sale and use of electrical articles)
s 121 37 Electricity (Electrical Articles) Regulation 1994 s 121 (b) on payment of the prescribed fee, give the person a copy of an entry in the register. 121 Fees The fees (including annual fees) payable for this regulation are the fees set out in schedule 2.
38 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 1 PRESCRIBED ELECTRICAL ARTICLES AND RELEVANT STANDARDS sections 5A and 6 Prescribed electrical article Relevant standard 1. Appliance connector AS/NZS 3109 Appliance couplers for household and similar general purposes 2. Arc welding machine AS/NZS 3195 Portable machines for electric arc welding and allied processes 3. Automotive type battery chargerAS/NZS 3108 Particular requirements for isolating transformers and safety isolating transformers 4. Bayonet lampholder AS 3117 Bayonet lampholder 5. Bayonet lampholder adaptor AS 3119 Normal bayonet lampholder adaptor 6. Blanket AS 3164 Electric blankets 7. Bread toaster AS/NZS 3350.2.9 Particular requirements—toasters, grills, roasters and similar appliances 8. Clothes dryer AS/NZS 3350.2.11 Particular requirements—tumble dryers 9. Cord extension socket AS/NZS 3120 Cord extension sockets 10. Cord-line switch AS 3127 Cord line switches
39 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 1 (continued) Prescribed electrical article Relevant standard 11. Decorative lighting outfit AZ/NZS 3152 Decorative lighting outfits 12. Dishwashing machine AS/NZS 3350.2.5 Particular requirements—dishwashers 13. Edison screw lampholder AS 3140 Edison-type screw lampholders 14. Electric range AS/NZS 3172 Electric cooking appliances for household use 15. Extra low voltage power supply AS/NZS 3108 Particular unit requirements for isolating transformers and safety isolating transformers 16. Fan AS/NZS 3302 Particular requirements for electric fans 17. Fence energiser AS/NZS 3129 Safety requirements for mains-operated electric fence energisers 18. Flexible heating pad AS/NZS 3149 Flexible heating pads 19. Floor polisher AS/NZS 3350.2.10 requirements—floor machines and wet machines Particular treatment scrubbing 20. Fluorescent lamp ballast AS 3134 AC supplied electronic ballasts for tubular fluorescent lamps or AS 3168 Fluorescent lamp ballasts 21. Fluorescent lamp starter AS 3138 Starters for fluorescent lamps
40 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 1 (continued) Prescribed electrical article Relevant standard 22. Hair care appliance 23. Hedge clipper 24. Immersion heater 25. Insect electrocutor 26. Inspection handlamp 27. Iron 28. Jug 29. Kettle or saucepan 30. Kitchen machine 31. Lawnmower 32. Microwave oven 33. Miniature overcurrent circuit-breaker AS 3304/ NZS 6323 Particular requirements for skin or hair care appliances AS/NZS 3160 Hand-held portable electric tools AS/NZS 3350.2.74 Particular requirements—portable immersion heaters 3104 or AS/NZS 3192 Electrically operated aquarium equipment AS/NZS 3150 Insect electrocutors AS/NZS 3118 Electric inspection handlamp AS/NZS 3350.2.3 requirements—electric AS 3312 Particular irons or AS 3106 Electric jugs (with non-metallic bodies) AS/NZS 3172 Electric cooking appliances for household use or AS 3313. AS/NZS 6315 Particular requirements for appliances for heating liquids AS/NZS 3350.2.14 Particular requirements—kitchen machines AS/NZS 3156 Electric lawnmowers AS/NZS 3301 Particular requirements for microwave ovens AS 3111 Miniature overcurrent circuit-breakers
41 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 1 (continued) Prescribed electrical article Relevant standard 34. Plug AS/NZS 3112 Plugs and socket-outlet 35. Portable conditioning or control AS/NZS 3197 Portable electrical device control or conditioning devices 36. Portable cooking appliance/oven AS/NZS 3172 Electric cooking appliances for household use 37. Portable drill AS/NZS 3160 Hand-held portable electric tools 38. Portable hotplate/griller AS/NZS 3172 Electrical cooking appliances for household use 39. Portable lighting fitting AS/NZS 3128 Portable lamp standard and bracket 40. Portable massage appliance AS/NZS 3350.2.32 Particular requirements—massage appliances 41. Portable outlet device AS/NZS3105 Electrical portable outlet devices 42. Portable residual current device AS 3190 Residual current devices (current-operated earth-leakage devices) 43. Portable saw AS/NZS 3160 Hand-held portable electric tools 44. Portable tool AS/NZS 3160 Hand-held portable electric tools 45. Pressure storage water heater AS 3142 Electric water heaters 46. Projector AS3181 Electrically operated projectors for household use 47. Range hood AS/NZS 3310 Particular requirements for range hoods
42 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 1 (continued) Prescribed electrical article Relevant standard 48. Razor or hair clipper 49. Refrigerator or freezer 50. Residual current device 51. Room heater 52. Sewing machine 53. Socket outlet 54. Socket outlet adaptor 55. Soldering-iron 56. Supply flexible cord 57. Swimming pool equipment 58. Television receiver 59. Therapeutic lamp 60. Vacuum cleaner AS3 125 Electric dry shavers and hair clippers AS/NZS 3303 Particular requirements for refrigerators and food freezers AS 3190 Residual current devices (current-operated earth-leakage devices) AS/NZS 3103 Electric room heaters AS 3309 Particular requirements for electric sewing machines AS/NZS 3112 Plugs and socket-outlet AS/NZS 3122 Socket-outlet adaptors AS/NZS 3114 Electric soldering irons AS/NZS 3191 Electric flexible cords AS/NZS 6232 Electric equipment for spa-bath and swimming pools AS/NZS 3250 Mains operated electronic and related equipment for household and similar use AS/NZS 3350.2.27 Particular requirements—Appliances for skin exposure to ultraviolet and infrared radiation AS/NZS 3350.2.2 Particular requirements—vacuum cleaners and water suction cleaning appliances
43 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 1 (continued) Prescribed electrical article Relevant standard 61. Wall switch 62. Washing machine 63. Waterbed warmer AS 3133 Air break switches AS/NZ S3350.2.7 Particular requirements—washing machines AS 3148 Electric bed-warmers
44 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 2 FEES section 121 PART 1—ELECTRICAL ARTICLES Division 1—Fees $ 1. A pplication for approval of a type of prescribed electrical article including, if applicable, the registration of the type of electrical article (section 10)— (a) prescribed article (fee classification 1 in division 2) . . 275.00 (b) prescribed article (fee classification 2 in division 2) . . 385.00 (c) prescribed article (fee classification 3 in division 2) . . 550.00 2. Application to change the approval of a type of electrical article to include a new model type of electrical article (section 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.00 3. Review of test report of a prescribed electrical article if testing of the new model type of electrical article has been carried out (section 16) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 275.00 4. Application for transfer of approval of an approved type of electrical article (section 19) . . . . . . . . . . . . . . . . . . . . . . . . 55.00 5. Inspection of the register of approved electrical articles (section 120) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 6. Copy of 1 entry in the register of approved electrical articles (section 120) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00
45 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 2 (continued) Division 2—Fee classification of electrical articles Fee classification 1 appliance connector bayonet lampholder bayonet lampholder adaptor bread toaster cord extension socket cord-line switch decorative lighting outfit edison screw lampholder fluorescent lamp ballast fluorescent lamp starter immersion heater inspection handlamp iron jug plug portable lighting fitting portable outlet device socket outlet socket outlet adaptor therapeutic lamp wall switch Fee classification 2 battery charger/saver extra low voltage power supply unit
46 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 2 (continued) floor polisher hair care appliance hedge clipper kettle or saucepan kitchen machine lawnmower portable conditioning or control device portable drill portable hotplate/griller portable massage appliance portable saw portable tool razor or hair clipper room heater sewing machine soldering-iron vacuum cleaner waterbed warmer Fee classification 3 arc welding machine automotive type battery charger blanket clothes dryer dishwashing machine electric range fan fence energiser
47 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 2 (continued) flexible heating pad insect electrocutor microwave oven miniature overcurrent circuit-breaker portable cooking appliance/oven portable residual current device pressure storage water heater projector range hood refrigerator or freezer residual current device supply flexible cord swimming pool equipment television receiver washing machine PART 2—PRESCRIBED ELECTRICAL EQUIPMENT 7. Application for registration of an item of prescribed electrical equipment (section 41). . . . . . . . . . . . . . . . . . . . . 150.00 8. Application for transfer of registration of an item of prescribed electrical equipment (section 50) . . . . . . . . . . . . 50.00 9. Inspection of the register of registered prescribed electrical equipment (section 120) . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 10. Copy of 1 entry in the register of registered prescribed electrical equipment (section 120). . . . . . . . . . . . . . . . . . . . 20.00
48 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 3 PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS sections 39 and 40 PART 1—EQUIPMENT REQUIRING REGISTRATION AND LABELLING Prescribed electrical equipment 1. Clothes washing machines 2. Dishwashers 3. Refrigerating appliances Relevant standard AS/NZS 2040 Performance of household electrical appliances— clothes washing machines , part 1 Energy consumption and performance and part 2 Energy labelling requirements AS/NZS 2007 Dishwashers , part 1 Energy consumption and performance and part 2 Energy labelling requirements AS/NZS 4474 Performance of household electrical appliances— refrigerating appliances , part 1 Energy consumption and performance and part 2 Energy labelling and minimum performance standard requirements
49 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 3 (continued) Prescribed electrical equipment Relevant standard 4. Single phase refrigerative AS/NZS 3823 Performance of airconditioners and heat pumps electrical appliances— Airconditioners and heat pumps , part 1.1 Non-ducted airconditioners and heat pumps—testing and rating for performance and part 2 Energy labelling and minimum energy performance standard (MEPS) requirements 5. Rotary clothes dryers AS/NZS 2442 Performance of household electrical appliances— Rotary clothes dryers , part 1 Energy consumption and performance and part 2 Energy labelling requirements PART 2—EQUIPMENT REQUIRING REGISTRATION ONLY Prescribed electrical equipment Relevant standard 6. Storage water heaters that are AS 1056 Storage water heaters , unvented and have no attached part 1 General requirements, feed tank clause 2.4 Thermal insulation 7. Three-phase cage induction AS/NZS 1359 Rotating electrical motors machines—General requirements , part 5 High efficiency and minimum energy performance standards requirements.
50 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 3 (continued) PART 3—EQUIPMENT REQUIRING REGISTRATION THAT MAY BE LABELLED Prescribed electrical equipment 8. Room airconditioners with 3-phase motors Relevant standard AS/NZS 3823 Performance of electrical appliances— Airconditioners and heat pumps , part 1.2 Ducted airconditioners and air-to-air heat pumps—testing and rating for performance and part 2 Energy labelling and minimum energy performance standard (MEPS) requirements.
51 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 9 APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT section 109 Section of the regulation Description of decision 6(b) Refusal to accept a standard, or requirements imposed for acceptance of a standard, for a type of prescribed electrical article 6(c) Standard required for a type of prescribed electrical article 12 Refusal to approve type of prescribed electrical article 18 Refusal to change approval of approved type of prescribed electrical article 19 Refusal to approve transfer of approval of approved type of prescribed electrical article 20 Cancellation of approval of approved type of prescribed electrical article 32 Prohibition on hire, sale or use of electrical article 43 Refusal to register item of prescribed electrical equipment 50 Refusal to transfer registration of item of prescribed electrical equipment 52 Cancellation of registration of item of prescribed electrical equipment schedule 10, Refusal to approve an entity as an external approvals definition “external entity approvals entity”
52 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 10 DICTIONARY section 4 “AS” means Australian Standard published by Standards Australia. “AS/NZS” means a joint Standards Australia and Standards New Zealand Standard. “applicant” , in chapter 3, means a person who applies for registration of an item of prescribed electrical equipment. “approval number” , for an approved type of prescribed electrical article, see section 11. “approved” (a) for a prescribed electrical article or type of prescribed electrical article—see section 7; or (b) for chapter 3—means approved by the regulator. “approved electrical article” , in chapter 2, part 1, divisions 3 to 7, means an electrical article with a Queensland approval. “approved form” , for a particular purpose, means a form approved by the regulator for the purpose. “approved testing entity” , for a type of prescribed electrical article, means an entity approved by the regulator to test and examine electrical articles of the type. “attachment certificate” , for a type of electrical article, see section 17. “certificate of approval” , for an approved type of prescribed electrical article, means the certificate of approval issued for the type of article under chapter 2, part 1, division 3, and any attachment certificate issued for the certificate. “check testing” an item of prescribed electrical equipment, see section 63. “corresponding law” , for chapter 3, see section 38. “electrical appliance” means an appliance that uses electricity.
53 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 10 (continued) “existing type” of approved electrical article, see section 15. “external approval” , for a prescribed electrical article or type of prescribed electrical article, see section 8. “external approvals entity” means— (a) the entity in another State or New Zealand that has powers similar to the regulator to approve, register or certify types of prescribed electrical articles; or (b) another entity that is approved as an external approvals entity by the regulator by gazette notice. “jurisdiction” of an external approvals entity includes the place where it operates. “new model type” for an approved type of prescribed electrical article, see section 15. “nonprescribed electrical article” means an electrical article other than a prescribed electrical article. “prescribed electrical article” see section 5A. “prescribed electrical equipment” see section 39. “proposed transferee” (a) of approval of a type of prescribed electrical article—see section 19; or (b) of an item of prescribed electrical equipment—see section 50. “RCM” means regulatory compliance mark. “register” means a register kept by the regulator under section 118 or 119. “register of registered prescribed electrical appliances” see section 119. “registered declarant” , for an approved electrical article, means the person in whose name a certificate of approval for the article is issued. “register of approved electrical articles” see section 118. “regulatory compliance mark” means a compliance mark for an electrical article complying with AS/NZS 4417 that is used to indicate that the article complies with this regulation.
54 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 10 (continued) “relevant standard” (a) for a type of prescribed electrical article—see section 6; or (b) for an item of prescribed electrical equipment—see section 40. “test report” , in chapter 3, means a report prepared under part 3 for an item of prescribed electrical equipment.
55 Electricity (Electrical Articles) Regulation 1994 ENDNOTES 1 Index to endnotes Page 2 Date to which amendments incorporated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 3 Key . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .55 4 Table of earlier reprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 5 List of legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 6 List of annotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 2 Date to which amendments incorporated This is the reprint date mentioned in the Reprints Act 1992, section 5(c). Accordingly, this reprint includes all amendments that commenced operation on or before 1 October 2002. 3 Key Key to abbreviations in list of legislation and annotations Key AIA amd amdt ch def div exp gaz hdg ins lap notfd o in c om orig p para prec pres prev Explanation = Acts Interpretation Act 1954 = amended = amendment = chapter = definition = division = expires/expired = gazette = heading = inserted = lapsed = notified = order in council = omitted = original = page = paragraph = preceding = present = previous Key (prev) proc prov pt pubd R[X] RA reloc renum rep (retro) s sch sdiv SIA SIR SL sub unnum Explanation = previously = proclamation = provision = part = published = Reprint No.[X] = Reprints Act 1992 = relocated = renumbered = repealed = retrospectively = section = schedule = subdivision = Statutory Instruments Act 1992 = Statutory Instruments Regulation 2002 = subordinate legislation = substituted = unnumbered
56 Electricity (Electrical Articles) Regulation 1994 4 Table of earlier reprints Reprints are issued for both future and past effective dates. For the most up-to-date table of earlier reprints, see the latest reprint. If a reprint number includes a letter of the alphabet, the reprint was released in unauthorised, electronic form only. TABLE OF EARLIER REPRINTS Reprint No. 1 2 2A 3 3A 3B Amendments included none to SL No. 290 of 1995 to SL No. 292 of 1997 to SL No. 315 of 1999 to SL No. 250 of 2000 to SL No. 26 of 2002 Effective 1 January 1995 20 October 1995 5 September 1997 10 December 1999 22 September 2000 22 February 2002 Reprint date 27 January 1995 20 December 1995 19 September 1997 31 January 2000 6 October 2000 8 March 2002 5 List of legislation Electricity (Electrical Articles) Regulation 1994 SL No. 469 made by the Governor in Council on 15 December 1994 notfd gaz 16 December 1994 pp 1792–7 commenced on commencement of Act (see AIA s 17) rep 1 October 2002 (SL No. 245 of 2002) amending legislation— Electricity (Electrical Articles) Amendment Regulation (No. 1) 1995 SL No. 290 notfd gaz 20 October 1995 pp 753–4 commenced on date of notification Electricity (Electrical Articles) Amendment Regulation (No. 1) 1997 SL No. 253 notfd gaz 15 August 1997 pp 1830–31 commenced on date of notification Electricity (Electrical Articles) Amendment Regulation (No. 2) 1997 SL No. 292 notfd gaz 5 September 1997 pp 63–4 commenced on date of notification Electricity (Electrical Articles) Amendment Regulation (No. 1) 1999 SL No. 315 notfd gaz 10 December 1999 pp 1448–50 commenced on date of notification Electricity Legislation Amendment Regulation (No. 1) 2000 SL No. 250 pts 1–2 notfd gaz 22 September pp 313–4 commenced on date of notification Electricity (Electrical Articles) Amendment Regulation (No. 1) 2002 SL No. 26 notfd gaz 22 February 2002 pp 752–53 commenced on date of notification Note—A national regulatory impact statement was prepared
57 Electricity (Electrical Articles) Regulation 1994 6 List of annotations Purposes s 2 amd 1999 SL No. 315 s 3 How purposes are to be achieved s 3 amd 1999 SL No. 315 s 4 What is a “prescribed electrical article” s 5A ins 1999 SL No. 315 s 5 amd 2000 SL No. 250 s 3 Hire or sale of prescribed electrical articles s 9 amd 1999 SL No. 315 s 6 Refusal to approve type of prescribed electrical article s 12 amd 1995 SL No. 290 s 2 sch Refusal to change approval s 18 amd 1995 SL No. 290 s 2 sch Transfer of approval of type of prescribed electrical article s 19 amd 1995 SL No. 290 s 2 sch Cancellation of approval of approved type of electrical article s 20 amd 1995 SL No. 290 s 2 sch; 1999 SL No. 315 s 7 Costs of testing etc. s 28 amd 1995 SL No. 290 s 3 Sale of noncomplying nonprescribed electrical articles prohibited s 31A ins 1999 SL No. 315 s 8 Regulator may prohibit hire, sale or use of electrical articles on safety grounds prov hdg amd 1999 SL No. 315 s 9(1) s 32 amd 1997 SL No. 292 s 3; 1999 SL No. 315 s 9(2) Notice of prohibition to hirers and suppliers s 33 sub 1995 SL No. 290 s 4 Prohibition on sale of second-hand electrical articles prov hdg amd 1999 SL No. 315 s 10(1) s 34 amd 1997 SL No. 292 s 4; 1999 SL No. 315 s 10(2) CHAPTER 3—PRESCRIBED ELECTRICAL EQUIPMENT ch hdg sub 1999 SL No. 315 s 11 PART 2—MINIMUM ENERGY EFFICIENCY AND PERFORMANCE pt hdg sub 1999 SL No. 315 s 13 Division 1—Definitions div hdg sub 1999 SL No. 315 s 13 Corresponding laws s 38 amd 2002 SL No. 26 s 3
58 Electricity (Electrical Articles) Regulation 1994 What is “prescribed electrical equipment” s 39 sub 1999 SL No. 315 ss 12–13 What is “relevant standard” for prescribed electrical equipment s 40 sub 1999 SL No. 315 s 13 Division 2—Registration div hdg ins 1999 SL No. 315 s 13 Application for registration s 41 sub 1999 SL No. 315 s 13 amd 2002 SL No. 26 s 4 Requirements for registration s 42 sub 1999 SL No. 315 s 13 amd 2002 SL No. 26 s 5 Minimum energy efficiency, and performance criteria prov hdg sub 1995 SL No. 290 s 2 sch amd 2000 SL No. 250 s 4 s 43 amd 1995 SL No. 290 s 2 sch sub 1999 SL No. 315 s 13 amd 2002 SL No. 26 s 6 Notice of registration prov hdg amd 1999 SL No. 315 s 14(1) s 44 amd 1999 SL No. 315 s 14(2) Term of registration s 45 amd 1999 SL No. 315 s 15 Change of name and address s 46 amd 1999 SL No. 315 s 16 Changing registered efficiency label identifying domestic appliance s 47 om 1999 SL No. 315 s 17 Refusal to change registered efficiency label prov hdg sub 1995 SL No. 290 s 2 sch s 48 amd 1995 SL No. 290 s 2 sch om 1999 SL No. 315 s 17 Notice of change to efficiency label s 49 om 1999 SL No. 315 s 17 Division 3—Transfer and cancellation of registration div hdg orig div 2 hdg om 1999 SL No. 315 s 17 prev div 2 hdg (prev div 3 hdg) renum 1999 SL No. 315 s 18 pres div 2 hdg renum as div 3 hdg 2000 SL No. 250 s 5(2) Transfer of registration prov hdg amd 1999 SL No. 315 s 19(1) s 50 amd 1995 SL No. 290 s 2 sch; 1999 SL No. 315 s 19(2)–(3)
59 Electricity (Electrical Articles) Regulation 1994 Notice of transfer prov hdg amd 1999 SL No. 315 s 20(1) s 51 amd 1999 SL No. 315 s 20(2) Cancellation of registration s 52 amd 1995 SL No. 290 s 2 sch sub 1999 SL No. 315 s 21 Procedure before cancellation s 53 amd 1999 SL No. 315 s 22 Notice of cancellation of registration prov hdg amd 1999 SL No. 315 s 23(1) s 54 amd 1999 SL No. 315 s 23(2)–(4) Division 4—Efficiency label div hdg orig div 3 hdg renum as div 2 hdg 1999 SL No. 315 s 18 prev div 3 hdg ins 1999 SL No. 315 s 24 pres div 3 hdg renum as div 4 hdg 2000 SL No. 250 s 5(1) Division 4—The label div hdg om 1999 SL No 315 s 24 Efficiency label s 55 sub 1999 SL No. 315 s 24 amd 2002 SL No. 26 s 7 Efficiency label for dishwashers s 56 om 1999 SL No. 315 s 24 Efficiency label for refrigerative airconditioners s 57 om 1999 SL No. 315 s 24 Division 5—Placement of efficiency label div hdg om 1999 SL No. 315 s 24 Placement of efficiency label s 58 om 1999 SL No. 315 s 24 Division 6—Star rating div hdg om 1999 SL No. 315 s 24 Star rating s 59 om 1999 SL No. 315 s 24 Testing of prescribed electrical equipment s 60 sub 1999 SL No. 315 s 25 amd 2002 SL No. 26 ss 6, 8 Test reports s 61 amd 1999 SL No. 315 s 26 Chapter and specification to be read together for test s 62 om 1999 SL No. 315 s 27
60 Electricity (Electrical Articles) Regulation 1994 Requirement by regulator to make available prescribed electrical equipment for testing prov hdg amd 1999 SL No. 315 s 28(1) s 63 amd 1999 SL No. 315 s 28(2)–(3) What happens if check testing shows noncompliance prov hdg amd 1999 SL No. 315 s 29(1) s 64 amd 1999 SL No. 315 s 29(2)–(3) What happens if check test shows compliance prov hdg amd 1999 SL No. 315 s 30(1) s 65 amd 1999 SL No. 315 s 30(2) Return of equipment made available to the regulator prov hdg amd 1999 SL No. 315 s 31(1) s 66 amd 1999 SL No. 315 s 31(2)–(4) Division 3—Dishwashers div 3 (ss 67–75) om 1999 SL No. 315 s 32 Division 4—Refrigerators, refrigerator-freezers and freezers div 4 (ss 76–82) om 1999 SL No. 315 s 32 Division 5—Refrigerative airconditioners div 5 (ss 83–91) om 1999 SL No. 315 s 32 Division 6—Clothes washing machines div 6 (ss 92–98) om 1999 SL No. 315 s 32 Division 7—Rotary clothes dryers div 7 (ss 99–105) om 1999 SL No. 315 s 32 PART 4—OFFENCES pt hdg sub 1999 SL No. 315 s 33 Part does not apply to second-hand prescribed electrical equipment s 106 sub 1999 SL No. 315 s 33 Prescribed electrical equipment in sch 3, pt 1 must be registered and labelled s 107 sub 1999 SL No. 315 s 33 amd 2002 SL No. 26 s 9 (3)–(4) exp 30 September 2000 (see s 107(4)) Prescribed electrical equipment in sch 3, pt 2 must be registered s 107A ins 1999 SL No. 315 s 33 Prescribed electrical equipment in sch 3, pt 3 must be registered and may be labelled s 107B ins 2002 SL. No. 26 s 10 Representations about 3-phase cage induction motors s 108 prev s 108 sub 1999 SL No. 315 s 33 exp 30 September 2000 (see s 108(3)) pres s 108 ins 2002 SL No. 26 s 10 CHAPTER 4—NOTIFICATION OF DECISIONS BY REGULATORS AND APPEALS ch hdg sub 1995 SL No. 290 s 2 sch
61 Electricity (Electrical Articles) Regulation 1994 Notification of decisions and appeal rights s 108A ins 1995 SL No. 290 s 5 amd 1999 SL No. 315 s 34 Appeals s 116 amd 2000 SL No. 250 s 6 Electrical Approval and Energy Labelling Advisory Committee s 117 amd 1999 SL No. 315 s 35 Register of registered prescribed electrical equipment s 119 sub 1999 SL No. 315 s 36 CHAPTER 6—TRANSITIONAL PROVISIONS ch hdg exp 30 September 2002 (see s 124(2)) Existing registered prescribed electrical articles are approved electrical articles s 122 exp 1 January 2000 (see s 124(1)) Equipment for which efficiency label was formerly registered s 123 sub 1999 SL No. 315 s 37 exp 30 September 2000 (see 124(2)) Expiry s 124 sub 1999 SL No. 315 s 37 exp 30 September 2000 (see 124(2)) SCHEDULE 1—PRESCRIBED ELECTRICAL ARTICLES AND RELEVANT STANDARDS amd 1997 SL No. 253 s 3 sub 1999 SL No. 315 s 38 SCHEDULE 2—FEES amd 1997 SL No. 253 s 4; 1997 SL No. 292 s 5; 1999 SL No. 315 s 39 SCHEDULE 3—PRESCRIBED ELECTRICAL EQUIPMENT AND RELEVANT STANDARDS sub 1999 SL No. 315 s 40 amd 2002 SL No. 26 s 11 SCHEDULE 4—FREEZERS, REFRIGERATORS AND REFRIGERATOR–FREEZERS om 1999 SL No. 315 s 40 SCHEDULE 5—TYPES OF REFRIGERATIVE AIRCONDITIONERS om 1999 SL No. 315 s 40 SCHEDULE 6—REFRIGERATIVE AIRCONDITIONERS om 1999 SL No. 315 s 40 SCHEDULE 7—CLOTHES WASHING MACHINES om 1999 SL No. 315 s 40 SCHEDULE 8—ROTARY CLOTHES DRYERS om 1999 SL No. 315 s 40
62 Electricity (Electrical Articles) Regulation 1994 SCHEDULE 9—APPEALS AGAINST ADMINISTRATIVE DECISIONS TO MAGISTRATES COURT amd 1999 SL No. 315 s 41 SCHEDULE 10—DICTIONARY def “applicant” amd 1999 SL No. 315 s 42(3) def “AS” ins 1999 SL No. 315 s 42(2) def “AS/NZS” ins 1999 SL No. 315 s 42(2) def “check testing” amd 1999 SL No. 315 s 42(4) def “domestic appliance” om 1999 SL No. 315 s 42(1) def “electrical appliance” ins 1999 SL No. 315 s 42(2) def “electrical refrigerating unit” om 1999 SL No. 315 s 42(1) def “freezer” om 1999 SL No. 315 s 42(1) def “output capacity” om 1999 SL No. 315 s 42(1) def “prescribed electrical article” sub 1999 SL No. 315 s 42(1)–(2) def “prescribed electrical equipment” ins 1999 SL No. 315 s 42(2) def “program” om 1999 SL No. 315 s 42(1) def “proposed transferee” amd 1999 SL No. 315 s 42(5) def “RCM” ins 1999 SL No. 315 s 42(2) def “recommended” om 1999 SL No. 315 s 42(1) def “refrigerating appliance” om 1999 SL No. 315 s 42(1) def “refrigerative airconditioner” om 1999 SL No. 315 s 42(1) def “refrigerator” om 1999 SL No. 315 s 42(1) def “refrigerator-freezer” om 1999 SL No. 315 s 42(1) def “register of registered prescribed electrical appliances ins 1999 SL No. 315 s 42(2) def “regulatory compliance mark” ins 1999 SL No. 315 s 42(2) def “relevant standard” sub 1999 SL No. 315 s 42(1)–(2) amd 2002 SL No. 26 s 12 def “specification” om 1999 SL No. 315 s 42(1) def “star rating” om 1999 SL No. 315 s 42(1) def “supplementary water supply connection mode” om 1999 SL No. 315 s 42(1) def “test load” om 1999 SL No. 315 s 42(1) def “test report” amd 1999 SL No. 315 s 42(6) def “water supply connection mode” om 1999 SL No. 315 s 42(1) © State of Queensland 2002