electricity safety (equipment) regulations 2009file/09-36sr002.docx · web viewmeans a...

Version No. 002

Electricity Safety (Equipment) Regulations 2009

S.R. No. 36/2009

Version as at27 February 2013

TABLE OF PROVISIONSRegulation Page

PART 1—PRELIMINARY 1

1 Objectives 12 Authorising provisions 23 Commencement 24 Revocations 25 Definitions 2

PART 2—MINIMUM SAFETY STANDARDS 4

6 Minimum safety standards 4

PART 3—COMPLIANCE AND APPROVAL 5

7 Applications for certificates of compliance 58 Approval of prescribed electrical equipment 69 Certificates of approval 7

PART 4—MODIFICATIONS, RENEWALS AND TRANSFERS 8

10 Modification of certificate of compliance or approval—change of name or model 8

11 Modification of certificate of compliance or approval other than a change of name or model 9

12 Renewal of certificate of compliance 1013 Renewal of certificate of approval 1114 Transfer of certificate 13

PART 5—MARKING 14

15 Marking of prescribed electrical equipment 1416 Prescribed authorities 1417 Prescribed methods and processes 15

1

PART 6—GENERAL 16

18 Register of certificates 1619 Testing by Energy Safe Victoria 1620 Disposal of samples 1721 Rebate of fees 1722 Transitional—certificates of compliance and approval 17

PART 7—INFRINGEMENT NOTICE OFFENCE 18

23 Provision for which infringement notices may be served 1824 Amendment to the Electricity Safety (Infringements)

Regulations 2000 18__________________

SCHEDULE—Application Fees 19

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ENDNOTES 20

1. General Information 20

2. Table of Amendments 21

3. Explanatory Detail 22

2

Version No. 002

Electricity Safety (Equipment) Regulations 2009

S.R. No. 36/2009

Version as at27 February 2013

PART 1—PRELIMINARY

1 Objectives

The objectives of these Regulations are to—

(a) prescribe minimum standards of safety for electrical equipment; and

(b) provide for certification of electrical equipment as complying with minimum safety standards; and

(c) provide for the approval and marking of prescribed electrical equipment; and

(d) provide for the modification, renewal and transfer of certificates of compliance and approval; and

(e) prescribe fees relating to the matters in paragraphs (b), (c) and (d); and

(f) prescribe an offence in respect of which an infringement notice may be served and make a related consequential amendment to the Electricity Safety (Infringements) Regulations 2000; and

(g) provide for other matters authorised to be prescribed by the Electricity Safety Act 1998.

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2 Authorising provisions

These Regulations are made under sections 153 and 157 of the Electricity Safety Act 1998.

3 Commencement

These Regulations come into operation on 27 April 2009.

4 Revocations

The Electricity Safety (Equipment) Regulations 1999 are revoked1.

5 Definitions

In these Regulations—

approved laboratory means a laboratory accredited by the National Association of Testing Authorities or approved by Energy Safe Victoria;

AS/NZS 3820 means AS/NZS 3820 Essential safety requirements for low voltage electrical equipment, as published or amended from time to time;

electrical appliance means a self-contained electrical appliance in which electrical energy is converted into heat, motion or any other form of energy or is substantially changed in its electrical character;

electrical device means a device to—

(a) distribute, control, condition, protect or switch low voltage electrical power; or

(b) enable the connection of electrical circuits or apparatus;

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r. 2

electrical luminaire means a portable, self-contained electrical appliance that produces visible, ultraviolet or infra-red light output for illuminative, decorative, therapeutic or cosmetic purposes;

the Act means the Electricity Safety Act 1998.

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3

r. 5

PART 2—MINIMUM SAFETY STANDARDS

6 Minimum safety standards

For the purposes of section 54 of the Act—

(a) the minimum standards for electrical toys are the standards specified in clauses 4.1, 4.2, 4.3 and 4.4 of AS/NZS 3820; and

(b) the minimum standards for all other electrical equipment are the standards specified in clauses 4.1, 4.2, 4.3 and 4.5 of AS/NZS 3820.

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r. 6Part 1—Preliminary

Electricity Safety (Equipment) Regulations 2009S.R. No. 36/2009

4

PART 3—COMPLIANCE AND APPROVAL

7 Applications for certificates of compliance

(1) An application for a certificate of compliance under section 55 of the Act must be—

(a) in writing on the form provided by Energy Safe Victoria; and

(b) accompanied by—

(i) a test report from an approved laboratory; and

(ii) a sample of the electrical equipment or colour images showing the internal and external construction of the equipment; and

(iii) technical documentation which adequately describes the electrical equipment.

(2) The prescribed fee for an application is the relevant fee in the Schedule.

(3) Energy Safe Victoria may require the applicant to provide—

(a) a sample of the electrical equipment if colour images provided are not adequate; or

(b) additional information about the electrical equipment.

(4) Energy Safe Victoria may exempt the applicant from the requirement to provide any of the items referred to in subregulation (1)(b) if—

(a) Energy Safe Victoria has previously issued a certificate of compliance to another person in relation to the electrical equipment; or



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(b) in the circumstances Energy Safe Victoria is of the reasonable opinion that it is not necessary for any of those items to be provided.

(5) A certificate of compliance remains in force for the period specified in the certificate, which must not exceed 5 years.

8 Approval of prescribed electrical equipment

(1) An application for approval of prescribed electrical equipment under section 58 of the Act must be—

(a) on the form provided by Energy Safe Victoria; and


(i) a test report from an approved laboratory; and

(ii) a sample of the prescribed electrical equipment or colour images showing the internal and external construction of the equipment; and

(iii) technical documentation which adequately describes the prescribed electrical equipment.

(2) The prescribed fee for an application is the relevant fee in the Schedule.


(a) a sample of the prescribed electrical equipment if colour images provided are not adequate; or

(b) additional information about the prescribed electrical equipment.



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(4) Energy Safe Victoria may exempt the applicant from the requirement to provide any of the items referred to in subregulation (1)(b) if—

(a) Energy Safe Victoria has previously issued a certificate of approval to another person in relation to the prescribed electrical equipment; or

(b) in the circumstances Energy Safe Victoria is of the reasonable opinion that it is not necessary for any of those items to be provided.

9 Certificates of approval

(1) If Energy Safe Victoria approves prescribed electrical equipment under regulation 8, it may issue a certificate of approval for that equipment.

(2) A certificate of approval remains in force for the period specified in the certificate, which must not exceed 5 years.

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7

PART 4—MODIFICATIONS, RENEWALS AND TRANSFERS

10 Modification of certificate of compliance or approval—change of name or model

(1) If the holder of a certificate of compliance or certificate of approval for electrical equipment proposes to vary the brand name or model designation that is specified on the certificate in relation to the equipment, the holder may apply to Energy Safe Victoria for modification of the certificate.

(2) An application must be—


(b) accompanied by the relevant fee set out in the Schedule.


(a) a sample of the electrical equipment or colour images showing the internal and external construction of the equipment; or

(b) documentation which adequately describes the proposed changes referred to in subregulation (1).

(4) Energy Safe Victoria may modify a certificate of compliance or certificate of approval and issue a modified certificate if satisfied that the change of brand name or model designation does not affect the compliance of the electrical equipment with the standards to which the equipment was tested.



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11 Modification of certificate of compliance or approval other than a change of name or model

(1) If the holder of a certificate of compliance or certificate of approval for electrical equipment proposes to make any modification to the electrical equipment (other than a modification described under regulation 10(1)) that would not result in the creation of a new item of equipment, the holder may apply to Energy Safe Victoria for the modification of the certificate.




(i) a report about the testing of the modified electrical equipment from an approved laboratory; and

(ii) a sample of the modified electrical equipment or colour images showing the internal and external construction of the modified equipment; and

(iii) technical documentation which adequately describes the modified electrical equipment; and

(c) accompanied by the relevant fee set out in the Schedule.


(a) a sample of the modified electrical equipment if colour images provided are not adequate; or

(b) additional information about the modified electrical equipment.



9

(4) Energy Safe Victoria may exempt the applicant from the requirement to provide a report under subregulation (2)(b)(i) if Energy Safe Victoria is satisfied that the modification will not affect the safety of the electrical equipment.

(5) Energy Safe Victoria may waive or rebate the payment of the fee for the modification of the certificate if Energy Safe Victoria under subregulation (4) exempts the applicant from the requirement to provide a report.

(6) Energy Safe Victoria may modify a certificate of compliance or certificate of approval and issue a modified certificate if satisfied that the modification to the electrical equipment would not result in the creation of a new item of electrical equipment.

12 Renewal of certificate of compliance

(1) A person who holds a certificate of compliance for electrical equipment that is in force may apply to Energy Safe Victoria for the renewal of the certificate.


(a) in writing and contain the following—

(i) the name and address of the applicant; and

(ii) the number of the certificate; and

(iii) a description of the type of equipment and its brand name, model name and model number; and



10

(b) accompanied by a declaration by the applicant or a person authorised by the applicant stating whether or not—

(i) the electrical equipment has been modified since the certificate for that equipment was issued or modified; and

(ii) the standards to which that electrical equipment was tested have changed since the certificate was issued or modified; and


(3) Energy Safe Victoria may issue a renewed certificate of compliance if satisfied that—

(a) the electrical equipment has not been modified; and

(b) the standards to which the electrical equipment was tested have not changed since the certificate was issued or modified.

(4) If Energy Safe Victoria is not satisfied in accordance with subregulation (3), Energy Safe Victoria may refuse to renew the certificate and require an application for a new certificate to be made.

13 Renewal of certificate of approval

(1) A person who holds a certificate of approval for prescribed electrical equipment that is in force may apply to Energy Safe Victoria for the renewal of the approval and the issue of a new certificate.


(a) in writing and contain the following—

(i) the name and address of the applicant; and



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(ii) the number of the current approval and certificate; and

(iii) a description of the type of equipment and its brand name, model name and model number; and

(b) accompanied by a declaration by the applicant or a person authorised by the applicant stating whether or not—

(i) the prescribed electrical equipment has been modified since the current certificate for that equipment was issued or modified; and

(ii) the standards to which that electrical equipment was tested have changed since the current certificate was issued or modified; and


(3) Energy Safe Victoria may renew the approval and issue a new certificate of approval if satisfied that—

(a) the prescribed electrical equipment has not been modified; and

(b) the standards to which that electrical equipment was tested have not changed since the current approval was granted or the certificate relating to that approval was modified (whichever last occurred).

(4) If Energy Safe Victoria is not satisfied in accordance with subregulation (3), it may refuse to renew the approval and require an application for a new approval to be made in accordance with regulation 8.



12

14 Transfer of certificate

(1) A person who holds a certificate of compliance or approval who proposes to transfer the certificate to another person may apply to Energy Safe Victoria to have the certificate amended to refer to the name of the person to whom the certificate is to be transferred (the transferee).


(a) made in writing by the holder of the certificate and contain the name and address of the transferee; and


(i) the certificate to be transferred; and

(ii) a statement, signed by the transferee, that the transferee agrees to accept the responsibilities of the certificate holder; and

(iii) the relevant fee set out in the Schedule.

(3) Energy Safe Victoria may issue a certificate of compliance or approval to the transferee in accordance with subregulation (1) if the requirements of subregulation (2) are complied with.

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13

PART 5—MARKING

15 Marking of prescribed electrical equipment

(1) For the purposes of section 57 of the Act, prescribed electrical equipment for which a certificate of approval has been issued by Energy Safe Victoria must be marked with either one or both of the following—

(a) the approval number allocated by Energy Safe Victoria;

(b) the regulatory compliance mark set out in Appendix A to AS/NZS 4417.1 Marking of electrical products to indicate compliance with regulations—Part 1: General rules for use of the mark, as published or amended from time to time.

(2) If Energy Safe Victoria determines that it is not practicable to mark the electrical equipment, Energy Safe Victoria must state this in the certificate of approval and the marking must appear on the package in which the electrical equipment is to be supplied.

16 Prescribed authorities

For the purposes of section 57(2)(b) of the Act, a prescribed authority in relation to a class, description or type of electrical equipment declared under section 57(1) of the Act is the regulatory authority in a State (other than Victoria) or Territory or in New Zealand that is responsible for approving electrical equipment of that class, description or type in that State or Territory or in New Zealand (as the case may be) under a law that substantially corresponds to section 58 of the Act.



14

17 Prescribed methods and processes

For the purposes of section 57(2)(c) of the Act a prescribed method or process is an electrical equipment safety certification system that is—

(a) conducted by an electrical equipment safety certification body operating in Australia or New Zealand and accredited by the Joint Accreditation System of Australia and New Zealand; and

(b) conducted in accordance with AS/NZS 3843 Guide 65: General requirements for bodies operating product certification systems, as published or amended from time to time.

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PART 6—GENERAL

18 Register of certificates

(1) Energy Safe Victoria must keep a register of certificates of approval and compliance.

(2) In respect of each certificate that is in force, the register must set out details of the following—

(a) the date of issue of the certificate;

(b) the name and address of the certificate holder;

(c) a description of the electrical equipment to which the certificate relates;

(d) the expiry date of the certificate.

(3) The holder of a certificate of approval or compliance must notify Energy Safe Victoria within 20 business days after any change in their name or address.

19 Testing by Energy Safe Victoria

(1) Energy Safe Victoria, by notice in writing given to the holder of a certificate of approval, may require the holder to provide a sample of the electrical equipment to be tested by Energy Safe Victoria.

(2) The certificate holder must within 15 business days after receipt of a notice under subregulation (1) deliver the sample required to Energy Safe Victoria or to a laboratory nominated in the notice.

Penalty: 5 penalty units.



16

20 Disposal of samples

Energy Safe Victoria may dispose of a sample of electrical equipment provided to Energy Safe Victoria by an applicant or certificate holder for the purposes of these Regulations if it is not collected within 20 business days after Energy Safe Victoria has given notice to the applicant or certificate holder that the sample is ready for collection.

21 Rebate of fees

Energy Safe Victoria may waive or rebate the payment of a fee for the issue of a certificate of compliance or a certificate of approval if the person applying for the certificate satisfies Energy Safe Victoria that—

(a) he or she is suffering financial hardship; or

(b) special circumstances apply.

22 Transitional—certificates of compliance and approval

(1) A certificate of compliance or a certificate of approval issued under or in accordance with the Electricity Safety (Equipment) Regulations 1999, which was in force immediately before the commencement of these Regulations, is taken to have been issued under or in accordance with these Regulations and remains in force for the period specified in the certificate.

(2) A certificate referred to in subregulation (1) may be modified, renewed or transferred in accordance with these Regulations.

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17

PART 7—INFRINGEMENT NOTICE OFFENCE

23 Provision for which infringement notices may be served

For the purposes of paragraph (b) of the definition of prescribed offence in section 140A of the Act, regulation 19(2) is a prescribed provision.

24 Amendment to the Electricity Safety (Infringements) Regulations 2000

Regulation 5(c) of the Electricity Safety (Infringements) Regulations 20002 is revoked.

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18

SCHEDULE

Regulations 7(2), 8(2), 10(2)(b), 11(2)(c), 12(2)(c), 13(2)(c) and 14(2)(b)(iii)

APPLICATION FEES

Item DescriptionFee (in fee units)

1. Application for new certificate of compliance 60

2. Application for renewal of certificate of compliance 17

3. Application for modification of certificate of compliance—change of name or model

17

4. Application for modification of certificate of compliance—other than a change of name or model

40

5. Application for new certificate of approval for electrical devices or luminaires

34

6. Application for new certificate of approval for electrical appliances (other than an electrical luminaire)

51

7. Application for renewal of certificate of approval 17

8. Application for modification of certificate of approval for electrical devices or luminaires

23

9. Application for modification of certificate of approval for electrical appliances (other than an electrical luminaire)

34

10. Application for modification of certificate of approval—change of name or model

17

11. Application for transfer of certificate of compliance or approval

17

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Sch. Part 1—Preliminary


19

ENDNOTES

1. General InformationThe Electricity Safety (Equipment) Regulations 2009, S.R. No. 36/2009 were made on 21 April 2009 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under sections 153 and 157 of the Electricity Safety Act 1998, No. 25/1998 and came into operation on 27 April 2009: regulation 3.

The Electricity Safety (Equipment) Regulations 2009 will sunset 10 years after the day of making on 21 April 2019 (see section 5 of the Subordinate Legislation Act 1994).

EndnotesPart 1—Preliminary


20

2. Table of AmendmentsThere are no amendments made to the Electricity Safety (Equipment) Regulations 2009 by statutory rules, subordinate instruments and Acts.



21

3. Explanatory Detail



22

1 Reg. 4: S.R. No. 47/1999. Reprint No. 1 incorporating amendments as at 4 April 2006. Reprinted to S.R. No. 92/2005.2 Reg. 24: S.R. No. 136/2000 as amended by S.R. No. 114/2004.

——Table of Applied, Adopted or Incorporated Matter

Note that the following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2004.

In this table—

AS/NZS 3820:1998 means AS/NZS 3820:1998 Essential safety requirements for low voltage electrical equipment, published jointly by Standards Australia and Standards New Zealand on 5 October 1998 and reissued January 2004;

AS/NZS 3843:1998 means AS/NZS 3843:1998 Guide 65: General requirements for bodies operating product certification systems, published jointly by Standards Australia and Standards New Zealand on 5 December 1998;

AS/NZS 4417.1:2000 means AS/NZS 4417.1:2000 Marking of electrical products to indicate compliance with regulations—Part 1: General rules for use of the mark, published jointly by Standards Australia and Standards New Zealand on 4 September 2000;

Principal Regulations means the Electricity Safety (Equipment) Regulations 2009.

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 6(a) of the Principal Regulations

AS/NZS 3820:1998 Clauses 4.1, 4.2, 4.3 and 4.4

Regulation 6(b) of the Principal Regulations

AS/NZS 3820:1998 Clauses 4.1, 4.2, 4.3 and 4.5

Statutory Rule Provision

Title of applied, adopted or incorporated document

Matter in applied, adopted or incorporated document

Regulation 15(1)(b) of the Principal Regulations

AS/NZS 4417.1:2000 Appendix A

Regulation 17(b) of the Principal Regulations

AS/NZS 3843:1998 The whole

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