Part 1Preliminary1Short titleThis regulation may be cited as the Electrical Safety and Other Legislation Amendment Regulation 2024.2Commencement(1)Part 2, division 3 commences on 1 January 2025.(2)Part 2, division 4 commences on 1 April 2025.(3)Section 49(3) commences on 1 July 2025.Part 2Amendment of Electrical Safety Regulation 2013Division 1Preliminary3Regulation amendedThis part amends the Electrical Safety Regulation 2013. Note—See also the amendments in schedule 1.Division 2Amendments commencing on notification4Replacement of s 14 (Electrical work on energised electrical equipment is prohibited)Section 14—omit, insert—14Electrical work on energised electrical equipment(1)A person conducting a business or undertaking must ensure that electrical work on energised electrical equipment is not carried out unless—

(a)it is necessary in the interests of health and safety that the electrical work is carried out on the electrical equipment while the equipment is energised; orExample—It may be necessary that life-saving equipment remain energised and operating while electrical work is carried out on the equipment.

(b)it is necessary that the electrical equipment is energised in order for the work to be carried out properly; or

(c)it is necessary for testing the electrical equipment under section 15(1); or

(d)there is no reasonable alternative means of carrying out the work.Example—It may be necessary, to avoid widespread outages, that works of an electricity entity remain energised and operating while electrical work is carried out on the works.

Maximum penalty—60 penalty units.(2)The electrical work that may be carried out under subsection (1)(a), (b) and (d) may include testing of the energised electrical equipment.Examples of testing of energised electrical equipment—

•detecting a fault or defect in electrical equipment

•locating a fault or defect in electrical equipment

•measuring the performance of electrical equipment

•verifying compliance with the wiring rules

5Amendment of s 15 (Duty to determine whether equipment is energised)Section 15(1), note, from ‘Section’ to ‘purposes of’—omit, insert—Section 14 allows testing to be carried out on electrical equipment for6Omission of s 18 (Electrical work on energised electrical equipment permitted in particular circumstances)Section 18—omit.7Amendment of s 76 (Service line)(1)Section 76(2), ‘the person in control’s’—omit, insert—any(2)Section 76(2), examples—omit, insert—Examples of facilities—

•a service riser bracket

•timber backing for a closed eye bolt

8Amendment of s 81 (Definitions for div 4)(1)Section 81, heading, ‘div 4’—omit, insert—division(2)Section 81, definition domestic residence, paragraph (a), examples—omit, insert—Examples for paragraph (a)—a house, flat or unit(3)Section 81, definition domestic residence, paragraph (b), examples—omit, insert—Examples of temporary accommodation for paragraph (b)—a boarding house or motel9Amendment of s 82 (Notice to transferee about approved safety switch)Section 82(2) and (3)—omit, insert—(2)The transferor must not state anything in the notice that the transferor knows is false or misleading in a material particular.Maximum penalty—15 penalty units.10Amendment of s 83 (Notice to regulator about approved safety switch and other matters)(1)Section 83(2)—omit.(2)Section 83(3), ‘Also’—omit, insert—However(3)Section 83(4), ‘subsection (3)’—omit, insert—subsection (2)(4)Section 83(3) to (5)—renumber as section 83(2) to (4).11Replacement of s 84 (Installation of approved safety switch in particular residences)Section 84—omit, insert—84Installation of approved safety switch in domestic residences(1)An owner of residential land must ensure, within 90 days after the date of possession, that an approved safety switch is installed for any general purpose socket-outlet installed in the domestic residence on the land.Maximum penalty—15 penalty units.(2)In this section—owner, of residential land, means the person registered or entitled to be registered, immediately after the transfer date for the land—

(a)under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or

(b)under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land.

12Amendment of s 85 (Installation of approved safety switch if residential tenancy agreement entered into or to be entered into)(1)Section 85, heading, from ‘or to’—omit.(2)Section 85(1)(a) and (b)—omit, insert—

(a)after the date of possession for residential land, a residential tenancy agreement for the residential land is entered into; and

(b)the tenancy starts under the residential tenancy agreement; and

(3)Section 85(1)(c), from ‘was installed’—omit, insert—is installed in the domestic residence on the residential land; and(4)Section 85(2)—omit, insert—(2)The owner of the land must ensure, within 90 days after the date the tenancy starts under the residential tenancy agreement, that an approved safety switch is installed for any general purpose socket-outlet installed in the domestic residence on the land.Maximum penalty—15 penalty units.(5)Section 85(3), definition residential tenancy agreement—omit, insert—residential tenancy agreement see the Residential Tenancies and Rooming Accommodation Act 2008, schedule 2.13Amendment of s 122 (Definitions for pt 7)(1)Section 122, heading, ‘pt 7’—omit, insert—part(2)Section 122, definition second-hand—omit.(3)Section 122—insert—certificate of suitability means a certificate—

(a)stating that a type of level 1 or 2 in-scope electrical equipment complies with the relevant standard for the type of in-scope electrical equipment; and

(b)issued under any 1 of the following—

(i)a declared scheme under section 167;

(ii)a program established under section 187;

(iii)a corresponding law;

(iv)a scheme under a corresponding law that substantially corresponds to a declared scheme under section 167; and

(c)complying with the requirements relating to issuing a certificate under the equipment safety rules.

second-hand dealer see the Second-hand Dealers and Pawnbrokers Act 2003, schedule 3.second-hand item means an item of level 1, 2 or 3 in-scope electrical equipment that has previously been sold, other than electrical equipment—

(a)previously sold by wholesale; or

(b)acquired by a person for the production or manufacture of another item of electrical equipment; or

(c)acquired by a person, other than a second-hand dealer, for the purpose of resupply of the electrical equipment; orExamples of resupply of electrical equipment—the resupply of electrical equipment by sale, exchange, lease, hire, hire-purchase or other arrangement

(d)returned to a supplier for refund or exchange.

(4)Section 122, definition certificate of conformity—insert—

(c)complying with the requirements relating to issuing a certificate under the equipment safety rules.

14Amendment of s 167 (Application for regulator’s declaration of scheme)(1)Section 167(2)(b)(ii), after ‘types of’—insert—level 1, 2 or 3(2)Section 167(2)(b)(iii), from ‘that’—omit, insert—that—

(A)when certifying types of level 1, 2 or 3 in-scope electrical equipment, the applicant will do so under the equipment safety rules; and

(B)the applicant will issue a certificate of conformity or certificate of suitability for types of level 1, 2 or 3 in-scope electrical equipment that meet relevant standards; and

15Amendment of s 168 (Intention to make declaration must be advertised)(1)Section 168, heading—omit, insert—168Notice of proposed declaration(2)Section 168(2)—omit, insert—(2)Before deciding the application, the regulator—

(a)must publish a notice of the proposed declaration on the department’s website; and

(b)may publish the notice in another way the regulator considers is likely to come to the attention of a person who may be interested in making a submission about the proposed declaration.

(2A)The notice must state the regulator’s intention to declare the scheme to be a recognised external certification scheme.(3)Section 168(3), ‘(the submission period)’—omit.(4)Section 168(4)—omit.(5)Section 168(2A) and (3)—renumber as section 168(3) and (4).(6)Section 168(5), ‘submission period’—omit, insert—period stated in subsection (4)(7)Section 168(6)—omit, insert—(6)The regulator must consider all written submissions received under subsection (5).16Amendment of s 172 (Condition imposed by regulation)(1)Section 172(b), from ‘conformity issued’ to ‘of conformity’—omit, insert—conformity or certificate of suitability issued by the declaration holder, or for each modification, renewal or transfer of the issued certificate that is(2)Section 172(c), after ‘conformity’—insert—or certificate of suitability17Amendment of s 180 (Declaration holder must comply with equipment safety rules)Section 180, ‘level 3’—omit, insert—level 1, 2 or 318Amendment of pt 7, div 11, hdg (Second-hand in-scope electrical equipment)Part 7, division 11, heading, from ‘in-scope’—omit, insert—items19Replacement of s 186 (Limitation on offering second-hand in-scope electrical equipment for sale)Section 186—omit, insert—186Limitation on offering to sell second-hand items(1)A seller who offers to sell a second-hand item to another person must give the other person information to the effect that the item has not been tested for electrical safety unless—

(a)the item has been tested and found to be electrically safe by a qualified person and the seller gives the other person information about the test; or

(b)the other person conducts a business or undertaking that includes dealing in, repairing or reconditioning second-hand items.

Maximum penalty—40 penalty units.(2)In this section—qualified person, for testing a second-hand item, means a licensed electrical worker who is qualified to test the item.seller means a person who offers to sell a second-hand item, regardless of whether the offer to sell the item is for profit or gain.Examples of a seller—

1An individual who offers to sell a second-hand item online.

2A volunteer of a volunteer association under section 21(8) of the Act who offers to sell a second-hand item as part of the work of the association.

20Amendment of pt 7, div 12, hdg (Program for certification of level 1 or 2 in-scope electrical equipment)Part 7, division 12, heading, from ‘certification’—omit, insert—issuing certificates of suitability21Amendment of s 187 (Regulator may establish program for certification)(1)Section 187, heading, ‘certification’—omit, insert—issuing certificates of suitability(2)Section 187(1), from ‘relating to’—omit, insert—of suitability for types of level 1 or 2 in-scope electrical equipment.22Amendment of s 194 (Hiring electrical equipment)Section 194(3), first example, ‘dwelling house or flat’—omit, insert—house, flat or unit23Amendment of s 221 (High voltage or hazardous area electrical installation not to be connected to electricity source without inspection)Section 221(1)(a) and (b)—omit, insert—

(a)for a high voltage electrical installation or an electrical installation located in a hazardous area, both of the following apply—

(i)the electrical work has been inspected by an accredited auditor;

(ii)the accredited auditor has confirmed that the electrical installation, to the extent it is affected by the electrical work, has been tested to ensure it is electrically safe and complies with the requirements of the wiring rules and any other standard applying under this regulation to the electrical installation; or

(b)for an electrical installation located in a hazardous area, both of the following apply—

(i)the electrical work consists of replacing electrical equipment that is a part of the electrical installation with similar electrical equipment in the circumstances mentioned in section 221A;

(ii)the electrical equipment being replaced is not a switchboard, cable or wire.

24Insertion of new s 221AAfter section 221—insert—221A Circumstances for replacing electrical equipment with similar electrical equipment(1)For section 221(1)(b)(i), the circumstances are—

(a)if the electrical equipment being replaced consumes electricity—the replacement equipment—

(i)has the same voltage rating as the equipment being replaced; and

(ii)has a current rating that is not greater than the current rating of the equipment being replaced; and

(iii)has a power rating that is not greater than the power rating of the equipment being replaced; and

(iv)performs its function in the same way as the equipment being replaced; and

(v)has electrical characteristics that are the same as or better than the electrical characteristics of the equipment being replaced including when the equipment is operating in circumstances other than normal circumstances; andExamples of electrical characteristics—ingress protection rating, insulation, earthing, operating temperature

(vi)is designed to operate at the same frequency range as the equipment being replaced; or

(b)if the electrical equipment being replaced is used for controlling electricity—the replacement electrical equipment—

(i)has the same voltage rating as the equipment being replaced; and

(ii)has the same current rating as the equipment being replaced; and

(iii)performs its function in the same way as the equipment being replaced; and

(iv)has electrical characteristics that are the same as or better than the electrical characteristics of the equipment being replaced including when the equipment is operating in circumstances other than normal circumstances; andExamples of electrical characteristics—ingress protection rating, insulation, earthing, operating temperature, breaking current rating

(v)is designed to operate at the same frequency range as the equipment being replaced.

(2)In this section—current rating, for electrical equipment, means the current stated on the equipment as the current the equipment will consume or control when operating in normal circumstances.frequency range, for electrical equipment, means the frequency or range of frequencies stated on the equipment as the frequency or range of frequencies the equipment is designed to safely operate at in normal circumstances.power rating, for electrical equipment, means the power stated on the equipment as the power the equipment will consume when operating in normal circumstances.voltage rating, for electrical equipment, means—

(a)if the electrical equipment consumes electricity—the maximum voltage that the electrical equipment is designed to be supplied with to operate in normal circumstances; or

(b)if the electrical equipment is used for controlling electricity—the voltage that the electrical equipment can safely control in normal circumstances.

25Amendment of s 233 (Prescribed electricity entities)(1)Section 233(b), after ‘part 2’—insert—, division 1(2)Section 233(c)—omit, insert—

(c)both of the following apply—

(i)it is an electricity entity under schedule 2 of the Act, definition electricity entity, paragraph (c) that is stated in schedule 6, part 2, division 2;

(ii)3 months have elapsed since the entity first became an electricity entity.

26Amendment of s 279 (Duties of person conducting a business or undertaking about supervising training person)Section 279(2)(b), ‘paragraph (c)’—omit, insert—paragraph (a)(ii)27Insertion of new pt 16, div 4Part 16—insert—Division 4Transitional provision for Electrical Safety and Other Legislation Amendment Regulation 2024304Existing applications for regulator’s declaration of scheme(1)This section applies if—

(a)before the commencement, a person applied under former section 167 for a declaration of a recognised external certification scheme; and

(b)immediately before the commencement, the application had not been decided.

(2)Former sections 167 and 168 continue to apply in relation to the application as if the amendment regulation had not been made.(3)In this section—amendment regulation means the Electrical Safety and Other Legislation Amendment Regulation 2024.former, for a provision of this regulation, means the provision as in force immediately before the commencement.28Amendment of sch 6 (Prescribed electricity entities)Schedule 6, part 2—omit, insert—Part 2Later prescribed electricity entitiesDivision 1GeneralNote—No electricity entities have been prescribed for this division.Division 2Railway managers or light rail managers

•GoldlinQ Pty Ltd ACN 147 815 441

29Amendment of sch 8A (Prescribed Acts—Act, section 193)Schedule 8A—insert—Labour Hire Licensing Act 2017Safety in Recreational Water Activities Act 2011Work Health and Safety Act 201130Amendment of sch 9 (Dictionary)(1)Schedule 9, definition second-hand—omit.(2)Schedule 9—insert—certificate of suitability, for part 7, see section 122.second-hand dealer, for part 7, see section 122.second-hand item, for part 7, see section 122.Division 3Amendments commencing on 1 January 202531Amendment of pt 3, div 1, hdg (Electrical work on energised electrical equipment)Part 3, division 1, heading, after ‘work on’—insert—or near32Amendment of s 12 (Definitions for division)Section 12—insert—near, in relation to electrical equipment, means within 3m of an exposed energised part of the equipment.33Amendment of s 14 (Electrical work on energised electrical equipment)(1)Section 14, heading, after ‘work on’—insert—or near(2)Section 14(1), after ‘work on’—insert—or near(3)Section 14(1)(a) and example, after ‘carried out on’—insert—or near(4)Section 14(1)(d), example, after ‘carried out on’—insert—or near34Amendment of s 15 (Duty to determine whether equipment is energised)Section 15(1), after ‘work is carried out on’—insert—or near35Amendment of s 16 (De-energised equipment must not be inadvertently re-energised)Section 16, ‘on it’—omit, insert—on or near the equipment36Amendment of s 19 (Preliminary steps)Section 19(1) and (2)(a), after ‘work on’—insert—or near37Amendment of s 20 (Unauthorised access to equipment being worked on)(1)Section 20, heading, from ‘equipment’—omit, insert—electrical equipment while work carried out(2)Section 20, after ‘work on’—insert—or near38Amendment of s 21 (Contact with equipment being worked on)(1)Section 21, heading, from ‘equipment’—omit, insert—electrical equipment while work carried out(2)Section 21, from ‘on energised’ to ‘component’—omit, insert—on or near energised electrical equipment, all persons are prevented from creating an electrical risk by inadvertently making contact with an exposed energised part39Amendment of s 22 (How work is to be carried out)(1)Section 22(1), after ‘work on’—insert—or near(2)Section 22(3)(c), example, after ‘carried out on’—insert—or near40Amendment of s 49 (Removal of endorsement from electrical contractor licence)Section 49(1)(a) and (2)(a), ‘1 month’—omit, insert—10 business days41Amendment of s 50 (Automatic suspension and cancellation of electrical contractor licence)(1)Section 50(1), ‘1 month’—omit, insert—30 days(2)Section 50(1)(a), ‘applicant’—omit, insert—licensed electrical contractor(3)Section 50(2), ‘within 1 month’—omit, insert—before the end of 30 days42Insertion of new pt 6, div 7Part 6—insert—Division 7Roof space work120A Definitions for divisionIn this division—building means a building classified under the Building Code of Australia as—

(a)a class 1 building; or

(b)a class 2 building; or

(c)a class 10a building.

Building Code of Australia has the meaning given by the Building Act 1975, section 12.enter, in relation to a roof space, includes placing any part of a person’s body in the roof space.relevant electrical installation means—

(a)an electrical installation for a building that includes a switchboard for energising or de-energising the electrical installation or part of the electrical installation for the building; or

(b)if there is more than 1 electrical installation as mentioned in paragraph (a) for the building—all of the electrical installations for the building.

roof space—

(a)means—

(i)the space in a building immediately under the roof of the building; or

(ii)if there is a ceiling under any part of the roof—the space between the roof and the ceiling, including the ceiling structure; but

(b)does not include habitable areas of a space mentioned in paragraph (a).

120B Application of divisionThis division applies to any work carried out in relation to a building, other than electrical work on or near energised electrical equipment to which part 3, division 1 applies.120C Requirements for person conducting a business or undertaking(1)A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that a worker does not carry out work in the roof space of a building, or enter the roof space for the carrying out of work in another part of the building, unless—

(a)the relevant electrical installation for the building is de-energised; or

(b)either of the circumstances mentioned in subsection (2) apply.

Maximum penalty—60 penalty units.(2)For subsection (1)(b), the circumstances are—

(a)it is not reasonably practicable to carry out the work or enter the roof space while the relevant electrical installation is de-energised; or

(b)it is necessary to test, service or commission a thing, other than electrical equipment, that is energised and located in, or accessible by, the roof space.

(3)If either of the circumstances mentioned in subsection (2) apply, the person conducting the business or undertaking must ensure that—

(a)a risk assessment is conducted for the work or entry; and

(b)the person is satisfied—

(i)the risks identified by the risk assessment are, or can be reduced to, as low as reasonably practicable; and

(ii)the work can be carried out, or the entry can be made, safely; and

(c)a statement for the work or entry is prepared that—

(i)identifies the work or entry; and

(ii)specifies the hazards associated with the work or entry and risks associated with those hazards; and

(iii)describes the measures to be implemented to control the risks; and

(iv)describes how the measures are to be implemented, monitored and reviewed; and

(d)the work is carried out or the entry is made in accordance with the statement.

Maximum penalty—60 penalty units.120D Requirements for workerA worker must ensure, so far as is reasonably practicable, that the worker does not carry out work in the roof space of a building, or enter the roof space for the carrying out of work in another part of the building, unless—

(a)the relevant electrical installation for the building is de-energised; or

(b)a circumstance mentioned in section 120C(2) applies.

Maximum penalty—10 penalty units.120E Application of ss 120C and 120D for isolated roof spaces(1)This section applies if—

(a)the worker, for a person conducting a business or undertaking—

(i)carries out work in a part of the roof space of a building that is separate from 1 or more other parts of the roof space of the same building (the isolated roof space); or

(ii)enters the isolated roof space for the carrying out of work in another part of the building; and

(b)the isolated roof space cannot be accessed from any other part of the building’s roof space; and

(c)the isolated roof space has a relevant electrical installation for the building that is capable of being de-energised in isolation from any other relevant electrical installation in the building (the isolated electrical installation).

(2)Sections 120C and 120D apply—

(a)as if a reference in those sections to the roof space of the building were a reference to the isolated roof space; and

(b)as if a reference in those sections to the relevant electrical installation for the building were a reference to the isolated electrical installation.

120F Record keeping(1)This section applies if a person conducting a business or undertaking is responsible for ensuring—

(a)a risk assessment is conducted under section 120C(3)(a); or

(b)a statement is prepared under section 120C(3)(c).

(2)Subject to subsection (3), the person must keep—

(a)a copy of the risk assessment until at least 28 days after the work or entry to which it relates is completed or made; and

(b)a copy of the statement until the work or entry to which it relates is completed or made.

Maximum penalty—60 penalty units.(3)If a serious electrical incident or dangerous electrical event occurs in connection with any work or entry to which the risk assessment or statement relates, the person must keep the risk assessment or statement for at least 2 years after the incident occurs.Maximum penalty—60 penalty units.43Amendment of sch 9 (Dictionary)Schedule 9—insert—building, for part 6, division 7, see section 120A.Building Code of Australia, for part 6, division 7, see section 120A.enter, for part 6, division 7, see section 120A.near, for part 3, division 1, see section 12.relevant electrical installation, for part 6, division 7, see section 120A.roof space, for part 6, division 7, see section 120A.Division 4Amendments commencing on 1 April 202544Omission of s 72 (Work involving water equipment)Section 72—omit.45Insertion of new s 285CAfter section 285B—insert—285C Prescribed electrical equipment—Act, s 14A(1)For section 14A(c) of the Act, water equipment is prescribed.(2)In this section—water equipment means any apparatus, appliance, cable, conductor, fitting, insulator, material, meter or wire that—

(a)is operated or used for controlling, generating, supplying, transforming or transmitting electricity at extra low voltage; and

(b)can only be operated or used when connected to an external source of electricity; and

(c)is designed for use in the interior of the container of a swimming pool, paddling pool, spa pool or bathtub.

Part 3Amendment of Safety in Recreational Water Activities Regulation 202446Regulation amendedThis part amends the Safety in Recreational Water Activities Regulation 2024.47Amendment of s 27 (Prescribed Acts—Act, s 41)(1)Section 27—insert—

(aa)the Electrical Safety Act 2002;

(2)Section 27—insert—

(e)the Work Health and Safety Act 2011;

(3)Section 27(aa) to (e)—renumber as section 27(b) to (f).Part 4Amendment of State Penalties Enforcement Regulation 201448Regulation amendedThis part amends the State Penalties Enforcement Regulation 2014.49Amendment of sch 1 (Infringement notice offences and fines for nominated laws)(1)Schedule 1, entry for Electrical Safety Regulation 2013, entries for sections 14, 82(3) and 84(2)—omit.(2)Schedule 1, entry for Electrical Safety Regulation 2013—insert—s 14(1)7¹/₅36s 82(2)33s 84(1)33(3)Schedule 1, entry for Electrical Safety Regulation 2013—insert—s 120C(1)7¹/₅36(4)Schedule 1, entry for Work Health and Safety Regulation 2011—insert—s 226A(2)7¹/₅36s 226A(3)7¹/₅36s 226B(2)4⁸/₂₅21³/₅s 529C7¹/₅36s 529CC(1)7¹/₅36s 529CC(2)7¹/₅36s 529CD(3)1¹¹/₂₅7¹/₅s 529D7¹/₅36s 529G(2)4⁸/₂₅21³/₅Part 5Amendment of Work Health and Safety Regulation 201150Regulation amendedThis part amends the Work Health and Safety Regulation 2011.51Amendment of sch 18A (Prescribed Acts—Act, section 271A)Schedule 18A—insert—Electrical Safety Act 2002Safety in Recreational Water Activities Act 2011Part 6Other amendments52Legislation amendedSchedule 1 amends the legislation it mentions.Schedule 1Other amendmentssection 52Electrical Safety Regulation 20131Section 12, heading, ‘div 1’—omit, insert—division2Section 29, heading, ‘div 5’—omit, insert—division3Section 47, heading, ‘div 3’—omit, insert—division4Section 87, heading, ‘sdiv 1’—omit, insert—subdivision5Sections 92 and 93, headings, ‘sdiv 2’—omit, insert—subdivision6Sections 97 and 98, headings, ‘div 6’—omit, insert—division7Section 100, heading, ‘sdiv 2’—omit, insert—subdivision8Section 103, heading, ‘sdiv 3’—omit, insert—subdivision9Section 105, heading, ‘sdiv 4’—omit, insert—subdivision10Section 111, heading, ‘sdiv 5’—omit, insert—subdivision11Section 114, heading, ‘sdiv 6’—omit, insert—subdivision12Section 119, heading, ‘sdiv 7’—omit, insert—subdivision13Section 121, heading, ‘pt 7’—omit, insert—part14Section 166, heading, ‘div 8’—omit, insert—division15Sections 188 and 189, headings, ‘div 1’—omit, insert—division16Section 202, heading, ‘div 4’—omit, insert—division17Section 238, heading, ‘pt 13’—omit, insert—part18Section 263, heading, ‘pt 14’—omit, insert—part19Sections 272 and 273, headings, ‘div 1’—omit, insert—division