Electricity Safety (Equipment) Regulations 2009

Version No. 001

Electricity Safety (Equipment) Regulations 2009

S.R. No. 36/2009

Version as at 21 April 2009

table of provisions

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provisions 2

3 Commencement 2

4 Revocations 2

5 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 5

8 Approval of prescribed electrical equipment 6

9 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 10

13 Renewal of certificate of approval 11

14 Transfer of certificate 13

Part 5—Marking 14

15 Marking of prescribed electrical equipment 14

16 Prescribed authorities 14

17 Prescribed methods and processes 15

Part 6—General 16

18 Register of certificates 16

19 Testing by Energy Safe Victoria 16

20 Disposal of samples 17

21 Rebate of fees 17

22 Transitional—certificates of compliance and approval 17

Part 7—Infringement Notice Offence 18

23 Provision for which infringement notices may be served 18

24 Amendment to the Electricity Safety (Infringements)
Regulations 2000 18

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SCHEDULE—Application Fees 19

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ENDNOTES 20

1. General Information 20

2. Table of Amendments 21

3. Explanatory Detail 22

Version No. 001

Electricity Safety (Equipment) Regulations 2009

S.R. No. 36/2009

Version as at 21 April 2009

Electricity Safety (Equipment) Regulations 2009

S.R. No. 36/2009

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

(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.

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 27April 2009.

4 Revocations

The Electricity Safety (Equipment) Regulations 1999 are revoked[1].

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—

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

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

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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Part 2—Minimum Safety Standards

6 Minimum safety standards

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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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Part 3—Compliance and Approval

7 Applications for certificates of compliance

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(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

(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

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(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

(b) accompanied by—

(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.

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

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

(b) additional information about the prescribed 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 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

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(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 5years.

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Part 4—Modifications, Renewals and Transfers

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

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(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—

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

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

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

(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.

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

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(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.

(2) An application must be—

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

(b) accompanied by—

(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

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

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

(b) additional information about the modified electrical equipment.

(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

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(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.

(2) An application must be—

(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

(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

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(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.

(2) An application must be—

(a) in writing and contain the following—

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

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

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(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.

14 Transfer of certificate

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(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).

(2) An application must be—

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

(b) accompanied by—

(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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Part 5—Marking

15 Marking of prescribed electrical equipment

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(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.