Recall and Airtrain amendments to the Electrical Safety Act 2002
Important key amendments to electrical safety legislation were passed on 17 September 2009 by Parliament and given Royal Assent on 22 September 2009.
The amendments to the Electrical Safety Act 2002 (the Act) and consequential amendments to the Electrical Safety Regulation 2002 (the Regulation) were developed following consultation with industry stakeholders and take effect from the day of Assent.
These amendments include:
- The introduction of an express Ministerial power to mandate the recall and make-safe of electrical equipment, if the Minister believes the electrical equipment is or will become an electrical safety risk, and
- A minor amendment to list Airtrain Citylink Limited as an electricity entity, including a consequential amendment to the Regulation to ensure consistency of electricity entity obligations.
Electrical safety amendment details
Recall powers
A new Ministerial power to order the recall of unsafe or potentially unsafe electrical equipment has been introduced.
This amendment is in response to a December 2008 Industrial Court of Queensland ruling that highlighted that existing provisions of the Act did not provide the legislative authority to require an obligation holder to undertake a recall of electrical equipment already sold.
Queensland’s ability to recall unsafe electrical equipment has now been brought into line with other jurisdictions in Australian and New Zealand. This amendment ensures the government can act quickly if there is evidence an electrical product poses a community safety risk.
Under the new law, the Minister may make a recall order directed at a designer, manufacturer or importer of electrical equipment, if the Minister believes certain electrical equipment is placing or will place persons or property at electrical risk. As part of a recall, a supplier (including distributors and retailers) may be required to provide ‘reasonable help’ to the ‘responsible person’ undertaking the recall. ‘Reasonable help’ may include ceasing the supply of the electrical equipment, identifying or assisting in contacting persons supplied with the electrical equipment and providing information regarding the number of items in stock, sold or returned by customers.
Before making a recall order, the Minister must provide the ‘responsible person’ with a copy of the proposed recall order and reasons why the Minister intends to make the order. The ‘responsible person’ then has seven days to show cause why the Minister should not make an order. The Minister must consider any such written submission by the ‘responsible person’ before subsequently deciding whether or not to make an order.
If a recall order is made, the order specifies the requirements of the recall and may direct a particular course of remedial action, for example to repair, replace or make-safe the electrical equipment subject of a recall. The designer, manufacturer or importer becomes the ‘responsible person’ for the recall order and is liable for any cost incurred in complying with a recall order.
Where the electrical equipment subject of a recall order is installed as part of the fixed wiring of a property, the order may require the repair or replacement be undertaken by a licensed electrical contractor, with associated costs to be met by the ‘responsible person’.
A recall order would remain in force for two years, unless revoked earlier. A new order in relation to the same electrical equipment may be made after expiry of the first order if the Minister believes there are sufficient grounds for making a new order.
Failure to comply with the requirements of a recall order by the ‘responsible person’ would be a breach of an electrical safety obligation attracting a maximum penalty of 500 penalty units or six months imprisonment or, in the case of multiple deaths, a maximum penalty of 2,000 penalty units or three years imprisonment may apply. Failure to provide reasonable help by a supplier would attract a maximum penalty of 50 penalty units.
Airtrain
The Act was also amended to ensure consistency of ‘entity’ obligations, by including ‘Airtrain Citylink Limited’ in the meaning of ‘electricity entity’ under the Act and consequentially as a ‘prescribed electricity entity’ under the Regulation.
This amendment formalises the requirement for Airtrain to have, and give effect to, a safety management system under electrical safety legislation for its electrical infrastructure (also known as entity works). Airtrain has already been operating with a safety management system in place. This amendment merely ensures that their existing safety management system is consistent with the legislated requirements for entity works.
Further information on these amendments can be found in the Electrical Safety and Other Legislation Amendment Act 2009 (PDF 613 KB).
Last updated 25 September 2009
Other languages