Notices
Improvement notice
Electrical safety protection notice
Unsafe equipment notice
Infringement notices (on-the-spot fines)
In addition to the penalties for breaches of the Electrical Safety Act 2002 (PDF, 788 KB), an inspector is able to issue four types of notices. Find out more about the role of inspectors.
Improvement notice
If an inspector reasonably believes that someone has breached a provision of the Act or is likely to continue to do so, the inspector is able to direct that person to remedy the breach or its causes. (Section 153)
The direction could be given verbally but would have to be confirmed by a written improvement notice as soon as practicable.
Among other things, the improvement notice would have to say:
- what was wrong
- what would have to be done to fix it
- when it would have to be fixed by
An improvement notice must be complied with. The maximum penalty for failing to comply is 40 penalty units.
For more information on improvement notices, refer to Section 153 of the Electrical Safety Act 2002.
Electrical safety protection notice
If an inspector believes that there is or could be an immediate electrical risk to people or property, the inspector can:
- direct the person in control to stop doing something
- direct that person to stop using electrical equipment or allowing someone else to use equipment
- disconnect electrical equipment
The direction could be given verbally but would have to be confirmed by a written improvement notice as soon as practicable.
A person has to comply with an electrical safety protection notice. The maximum penalty for failing to do so would be 40 penalty units or six months jail.
Refer to Section 154 of the Electrical Safety Act 2002 for more information on electrical safety protection notices.
Unsafe equipment notice
An unsafe equipment notice requires the owner to make the equipment either harmless or incapable of operating.
An unsafe equipment notice must be obeyed. The maximum penalty for failing to comply is 100 penalty units.
For more information on improvement notices, refer to Section 155 of the Electrical Safety Act 2002.
A penalty unit has a dollar value determined by the Queensland Department of Justice and Attorney-General. At the date of publication, the value of a penalty unit was $100. Under the Penalties and Sentences Act 1992, if a corporation is found guilty of an offence, the Court may impose a maximum fine of an amount equal to 5 times the maximum fine for an individual.
Infringement notices (on-the-spot fines)
Schedule of offences and on-the-spot fines.
On-the-spot fines can only be issued for an offence contained in the schedules to the State Penalties Enforcement Regulation 2000 (PDF, 787 KB). Schedule 5 includes a number of offences from the Electrical Safety Act 2002 and the Electrical Safety Regulation 2002 (PDF, 1 MB).
If an inspector identifies an electrical safety infringement offence, the inspector may immediately issue the alleged offender with an infringement notice.
An infringement notice is written advice given to the alleged offender that identifies:
- time and date of the alleged offence
- description of the alleged offence
- the fine
- options available to the alleged offender, either to pay or contest the alleged offence
Note that an infringement notice does not require the alleged offender to remedy non-conformance with the legislation. A separate improvement notice, electrical safety protection notice or unsafe equipment notice will be issued for that.
The infringement notice system follows this process:
- identification of an infringement offence
- issue of an infringement notice
- alleged offender to take action to comply with the infringement notice within 28 days
- where a fine remains unpaid after 28 days and no agreement exists between the alleged offender and the Department of Justice and Attorney-General the unpaid debt is lodged with the State Penalties Enforcement Registry (SPER) for further enforcement
- commencement of enforcement action by SPER against the alleged offender for recovery of the unpaid fine plus additional fees
An alleged offender may choose to:
- pay the fine in full at any Department of Justice and Attorney-General office within 28 days
- apply within 28 days to pay the fine by instalments at any Department of Justice and Attorney-General’ office
- contest an infringement notice in a Magistrates Court within 28 days, unless the fine has been paid or an application has been made to pay it by instalments
Last updated February 26, 2009