Schedule of offences and on-the-spot fines
Electrical Safety Act 2002
Electrical Safety Regulation 2002
Electricity
Regulation 2006
Electrical Safety Act 2002
(I = Individual; C = Corporation)
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
|
55(1) |
A person did not have an electrical work licence that allowed them to perform electrical work |
4(I) |
$400 |
|
56(1) |
A person did not have an electrical contractor licence that allowed them to conduct a business or undertaking that includes the performance of electrical work |
5(I) |
$500 |
|
57(1) |
The holder of an electrical work licence who performed or supervised electrical work failed to comply with all conditions and restrictions included in the licence. |
4(I) |
$400 |
|
57(2) |
The holder of an electrical contractor licence who performed electrical work failed to comply with all conditions and restrictions included in the licence. |
4(I) |
$400 |
|
57AB(2) |
The relevant employer failed to keep a register of licensed workers in a way that complies with subsection (3), or when asked by an inspector, failed to make the register of licensed workers available for immediate inspection by the inspector. |
4(I) |
$400 |
|
57AC(2) paragraph (a) |
A licence holder engaged by a relevant employer failed to notify, the relevant employer in writing within 14 days that the electrical work licence held by the person was suspended, cancelled, surrendered, expired and was not renewed or has been amended regarding conditions, restrictions, or authorised work. |
4(I) |
$400 |
|
57AC(2) paragraph (b) or (c) |
A licence holder engaged by a relevant employer failed to notify, the relevant employer in writing within 14 days if the electrical work licence held by the holder has been renewed, reinstated or any other prescribed details for the holder changed. |
2(I) |
$200 |
|
64A(3) |
An electrical licence holder fails to provide the chief executive with a document within 21 days after the chief executive has given notice requiring the document under this section |
4(I) |
$400 |
|
153(5) |
Person failed to comply with an improvement notice |
5(I) |
$500 |
|
27 |
Person failed to discharge an electrical safety obligation by contravening the following provisions of the Electrical Safety Regulation 2002, Part 4 Working around electrical parts , Division 2 – Requirements for working around electrical parts and underground electrical services: |
|
|
|
|
62C(2) |
A self-employed person has started work at a construction site without receiving information about the underground electrical services at that place from the principal contractor |
4(I) |
$400 |
|
62C(3) |
A self-employed electrical worker has failed to take the information in relation to electrical services underground into consideration and has contacted the underground electrical services cables |
8(I) |
$800 |
|
62D(1) |
A self-employed person commenced excavation work prior to obtaining information about underground electrical services at other than a construction workplace |
4(I) |
$400 |
|
62D(2) |
A self-employed person has failed to implement control measures or take the information in relation to electrical services underground into consideration and has contacted the underground electrical services cables |
8(I) |
$800 |
27 |
Person failed to discharge an electrical safety obligation by contravening the following provisions of the Electrical Safety Regulation 2002, Part 5 Electrical Installations, Division 5 – Workplace Electrical Installations: |
|
|
|
|
87(1) |
Employer or self-employed person failed to ensure electrical equipment used for construction work complies with AS/NZS 3012 |
4(I) |
$400 |
|
87(3) |
An employer or self-employed person failed to ensure that a tag that includes the test or retest date for the equipment was attached to equipment only after the equipment had been tested by a competent person or unless the equipment was new |
4(I) |
$400 |
|
87(5) |
Principal contractor failed to ensure construction wiring complies with AS/NZS 3012 |
4(I) |
$400 |
|
89(1) |
Employer or self-employed person used a double adaptor or piggy back plug for manufacturing work |
2(I) |
$200 |
|
89(2) |
Employer failed to ensure workers did not use a double adaptor or piggyback plug for manufacturing work |
2(I) |
$200 |
|
90(1) |
Employer or self-employed person failed to ensure specified electrical equipment used for manufacturing work was inspected and tested by a competent person, and connected to a safety switch |
4(I) |
$400 |
|
90(2) |
Employer or self-employed person failed to ensure specified electrical equipment used for manufacturing work was immediately tagged by a competent person, showing the reinspection and retesting date |
2(I) |
$200 |
|
90(3) |
Employer or self-employed person failed to ensure unsafe specified electrical equipment used for manufacturing work was immediately tagged by a competent person and immediately withdrawn from use |
2(I) |
$200 |
|
90(4) |
An employer or self-employed person failed to ensure that a tag was attached to specified electrical equipment that shows the day by which the equipment must be reinspected and retested only after equipment had been tested by a competent person or unless the equipment was new |
4(I) |
$400 |
|
91(1) |
Employer or self-employed person used or allowed a safety switch to be used for manufacturing work which does not comply with AS/NZS 3760 when tested |
2(I) |
$200 |
|
91(2) |
Employer or self-employed person failed to ensure a safety switch used for manufacturing work is tested by a competent person immediately after it is connected, and tested at prescribed intervals in accordance with AS/NZS 3760 |
2(I) |
$200 |
|
91(3) |
Employer or self-employed person failed to ensure a portable safety switch used for manufacturing work is push button tested immediately after it is connected to a socket outlet, and tested by a competent person at prescribed intervals in accordance with AS/NZS 3760 |
2(I) |
$200 |
|
91(4) |
Employer or self-employed person failed to ensure a safety switch used for manufacturing work, which is not working properly is immediately tagged and immediately withdrawn from use |
2(I) |
$200 |
|
93(1) |
Employer or self-employed person failed to ensure that specified electrical equipment used for service work and office work was inspected and tested by a competent person or connected to a safety switch |
4(I) |
$400 |
|
93(2) |
Employer or self-employed person failed to ensure specified electrical equipment used for service work and office work is immediately tagged by a competent person, showing the reinspection and retesting date |
2(I) |
$200 |
|
93(3) |
Employer or self-employed person failed to ensure unsafe specified electrical equipment used for service work and office work was immediately tagged by a competent person and immediately withdrawn from use |
2(I) |
$200 |
|
93(4) |
An employer or self-employed person failed to ensure that a tag was attached to specified electrical equipment that shows the day by which the equipment must be reinspected and retested only after equipment had been tested by a competent person or unless the equipment was new |
4(I) |
$400 |
|
94(1) |
Employer or self-employed person used or allowed a safety switch to be used for service work and office work which does not comply with AS/NZS 3760 when tested |
2(I) |
$200 |
|
94(2) |
Employer or self-employed person failed to ensure a safety switch used for service work and office work is tested by a competent person immediately after it is connected, and tested at prescribed intervals in accordance with AS/NZS 3760 |
2(I) |
$200 |
|
94(3) |
Employer or self-employed person failed to ensure a portable safety switch used for service work and office work is push button tested immediately after it is connected to a socket outlet, and tested by a competent person at prescribed intervals in accordance with AS/NZS 3760 |
2(I) |
$200 |
|
94(4) |
Employer or self-employed person failed to ensure a safety switch used for service work and office work, which is not working properly is immediately tagged and immediately withdrawn from use |
2(I) |
$200 |
|
94B(1) |
Employer or self-employed person used a double adaptor or piggyback plug for amusement work |
2(I) |
$200 |
|
94B(2) |
Employer failed to ensure workers did not use a double adaptor or piggyback plug for amusement work |
2(I) |
$200 |
|
94C(1) |
Employer or self-employed person failed to ensure specified electrical equipment used for amusement work was inspected and tested at prescribed intervals by a competent person, and connected to a safety switch |
4(I) |
$400 |
|
94C(2) |
Employer or self-employed person failed to ensure specified electrical equipment used for amusement work was immediately tagged by a competent person, showing the reinspection and retesting date |
2(I) |
$200 |
|
94C(3) |
Employer or self-employed person failed to ensure unsafe specified electrical equipment used for amusement work was immediately tagged by a competent person and immediately withdrawn from use |
2(I) |
$200 |
|
94C(4) |
An employer or self-employed person failed to ensure that a tag was immediately attached to specified electrical equipment used for amusement work that shows the day by which the equipment must be reinspected and retested only after the equipment had been tested by a competent person or unless the equipment was new |
4(I) |
$400 |
|
94D(1) |
Employer or self-employed person failed to ensure an amusement ride or device used for amusement work was inspected and tested by a competent person, and connected to a safety switch |
4(I) |
$400 |
|
94D(3) |
Employer or self-employed person failed to ensure a written record of the details of the test and reinspection and retesting date was immediately made for an amusement ride or device used for amusement work |
2(I) |
$200 |
|
94D(4) |
Employer or self-employed person failed to ensure a competent person immediately attached a sign to unsafe amusement rides or devices used for amusement work, made a written record and the equipment was immediately withdrawn from use |
2(I) |
$200 |
|
94D(5) |
An employer or self-employed person failed to ensure that a written record is not made of the day by which the equipment used for amusement work must be reinspected and retested only after equipment had been tested by a competent person |
4(I) |
$400 |
|
94E(1) |
Employer or self-employed person used or allowed a safety switch to be used for amusement work which did not comply with AS/NZS 3760 when tested |
2(I) |
$200 |
|
94E(2) |
Employer or self-employed person failed to ensure a safety switch used for amusement work was tested by a competent person immediately after it was connected, and tested at prescribed intervals in accordance with AS/NZS 3760 |
2(I) |
$200 |
|
94E(3) |
Employer or self-employed person failed to ensure a portable safety switch used for amusement work was push button tested immediately after it was connected to a socket outlet, and tested by a competent person at prescribed intervals in accordance with AS/NZS 3760 |
2(I) |
$200 |
|
94E(4) |
Employer or self-employed person failed to ensure a safety switch used for amusement work, which was not working properly, was immediately tagged and immediately withdrawn from use |
2(I) |
$200 |
|
94G(1)(d) |
Employer or self-employed person failed to ensure that specified electrical equipment used for rural industry work involving stated electrical risk factors was connected to safety switch or inspected and tested annually by a competent person and complied with AS/NZS 3760 when tested |
4(I) |
$400 |
|
94G(1)(e) |
Employer or self-employed person failed to ensure control measures including personal protective equipment were used in electrical welding work as part of rural industry work at the employer or self-employed person’s business or undertaking |
4(I) |
$400 |
|
94G(2) |
Employer or self-employed person failed to ensure inspected and tested specified electrical equipment used for rural industry work was immediately tagged by a competent person, showing the reinspection and retesting date |
2(I) |
$200 |
|
94G(3) |
Employer or self-employed person failed to ensure unsafe specified electrical equipment used for rural industry work was immediately tagged by a competent person and immediately withdrawn from use |
2(I) |
$200 |
|
94G(4) |
An employer or self-employed person failed to ensure that a tag was attached to specified electrical equipment used for rural industry work that shows the day by which the equipment must be reinspected and retested only after the equipment had been tested by a competent person or unless the equipment was new |
4(I) |
$400 |
The offence description provides a general description of the offence. For more detail refer to the relevant legislation.
Electrical Safety Regulation 2002
Electrical work
Licensing
Working around electrical parts
Electrical installations
Electrical equipment
Works of an electricity entity
Electricity supply
Cathodic protection systems
Incident notification and reporting
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
|
44(2) |
Corporation or partnership failed to give written notice of change of name within one month |
2(I) |
$200 |
|
45(2) |
Partnership failed to give written notice of membership change within one month |
2(I) |
$200 |
|
49 |
Holder or person in control of an electrical licence failed to give the licence to the chief executive when requested |
2(I) |
$200 |
|
56 |
Electrical contractor failed to state required details in a published advertisement |
4(I) |
$400 |
|
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
|
62(1)(a) |
Employer or self-employed person failed to ensure a person did not come into direct contact with an electrical part |
4(I) |
$400 |
|
62(1)(b) |
Employer or self-employed person failed to ensure operating plant or vehicles did not come into direct contact with an electrical part |
4(I) |
$400 |
|
62(1)(c) |
Employer or self-employed person failed to ensure a person did not come into the applicable exclusion zone for an electrical part |
4(I) |
$400 |
|
62(1)(d) |
Employer or self-employed person failed to ensure operating plant or vehicles do not come into the applicable exclusion zones for an electrical part |
4(I) |
$400 |
|
62A(2) |
A principal contractor has failed to obtain information in writing on what underground services are at or near the location where the excavation work is to be done and give it to an employer or self-employed person |
4(I) |
$400 |
|
64A(2) |
Employer or self-employed person failed to give the person in control of the overhead electric line written notice of intention to perform work |
4(I) |
$400 |
|
64A(3) |
Person in control of overhead electric line failed to give safety advice within 7 days of receipt of written notice |
4(I) |
$400 |
|
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
|
66 |
Electrical worker failed to perform electrical work on an electrical installation in accordance with the wiring rules |
2(I) |
$200 |
|
67 |
An employer has failed to ensure that electrical work is performed in accordance with –
|
4(I) |
$400 |
|
67A |
A self-employed electrical contractor has failed to ensure electrical work in accordance with AS/NZ 3012 or the wiring rules |
4(I) |
$400 |
|
74 |
Person in control of an electrical installation failed to reasonably maintain the integrity of the insulation of the electric line or connection |
4(I) |
$400 |
|
78(1) |
The transferor of residential land (i.e. the owner of the property immediately prior to the transfer) failed to give written notice about safety switch(es) to the transferee (i.e. the purchaser) |
3(I) |
$300 |
|
78(3) |
The transferor of residential land gave false or misleading information in the written notice about the safety switch(es) to transferee |
3(I) |
$300 |
|
79(1) |
The transferor of residential land failed to give the chief executive transfer and safety switch information |
3(I) |
$300 |
|
80(2) |
The owner of residential land failed to install a safety switch for general purpose socket outlets within 3 months of the date of possession |
3(I) |
$300 |
|
80A(2) |
Owner of residential land to which a tenancy agreement entered into before 1 March 2006 relates failed to install a safety switch for general purpose socket outlets by 29 February 2008 |
3(I) |
$300 |
|
80A(4) |
Owner of residential land failed to install a safety switch for general purpose socket outlets within six months of new tenancy agreement or by 29 February 2008 |
3(I) |
$300 |
|
80A(6) |
Owner of residential land failed to install a safety switch for general purpose socket outlets for new tenancies after 1 March 2008 |
3(I) |
$300 |
|
90A(3) |
Employer or self-employed person failed to install a safety switch for applicable socket outlets in manufacturing workplaces before 1 March 2008 |
3(I) |
$300 |
|
90A(5) |
Employer or self-employed person failed to install a safety switch for applicable socket outlets in manufacturing workplaces after 1 March 2008 |
3(I) |
$300 |
|
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
|
100(1) |
Person hired or sold prescribed electrical equipment not approved, marked or in compliance with relevant standards |
4(I) |
$400 |
|
105(1) |
Holder of a Queensland approval failed to give written notice within 14 days of change of name or address |
2(I) |
$200 |
|
120 |
Person sold an item of non-prescribed electrical equipment which did not meet safety criteria in AS/NZS 3820 |
4(I) |
$400 |
|
122(2) |
Person sold an item of second-hand electrical equipment without giving the purchaser information about whether the item was tested and found to be electrically safe |
4(I) |
$400 |
|
122(3) |
Person failed to ensure second hand prescribed electrical equipment was approved and marked before selling |
4(I) |
$400 |
|
126(1) |
Employer or self-employed person hired out electrical equipment which had not been inspected, tested and tagged by a competent person, or fitted with a safety switch |
4(I) |
$400 |
|
126(3) |
Employer or self-employed person failed to ensure safe electrical equipment is tagged |
4(I) |
$400 |
|
126(4) |
Employer or self-employed person failed to ensure unsafe electrical equipment is tagged and withdrawn from use |
4(I) |
$400 |
|
126(5) |
Employer or self-employed person failed to keep records of tests of hire electrical equipment for at least 5 years |
2(I) |
$200 |
|
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
128 |
Person who designs, builds, maintains or operates works failed to ensure:
|
4(I) |
$400 |
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
149(1) |
Person connected an electrical installation with a serious defect to a source of electricity for use for its intended purpose |
4(I) |
$400 |
151(1) |
Person initially connected an electrical installation without ensuring the distribution entity had performed examination and testing |
4(I) |
$400 |
152(1) |
Person reconnected an electrical installation to a source of electricity without authorisation |
4(I) |
$400 |
153(1) |
Person connected or reconnected a high voltage or hazardous area electrical installation after electrical installation work or electric line work without ensuring the electrical work was inspected, and the installation confirmed safe by an accredited auditor |
4(I) |
$400 |
153(2) |
Person initially connected a high voltage or hazardous area electrical installation without ensuring the electrical installation was inspected and confirmed safe by an accredited auditor |
4(I) |
$400 |
155(3) |
Person failed to test to confirm a low voltage electrical installation was safe to connect before connecting |
4(I) |
$400 |
155(4) |
After the performance of electrical work the eligible person failed to test to ensure installation is safe to connect before connecting the electrical installation to a source of electricity, or where no electrical work was performed failed to carry out a visual inspection of the part of the installation in the eliminated exclusion zone to ensure the installation had no serious defects. |
4(I) |
$400 |
156(2) |
Person failed to ensure effective isolation for private generating plant used for emergency supply |
4(I) |
$400 |
156(3) |
Person failed to ensure private generating plant used for emergency supply is in accordance with the wiring rules |
4(I) |
$400 |
159(1) |
Electrical contractor who connected an electrical installation on which electrical work had been performed failed to give a certificate of testing and compliance |
4(I) |
$400 |
159(4) |
Electrical contractor failed to keep a copy of a certificate of testing and compliance |
2(I) |
$200 |
160 |
Distribution entity failed to examine or test an electrical installation to ensure it was electrically safe |
4(I) |
$400 |
161 |
Distribution entity failed to give a consumer a written report stating reasons for not connecting or reconnecting |
4(I) |
$400 |
162 |
Employer failed to keep a copy of reports of examinations, inspections or tests for at least 5 years |
2(I) |
$200 |
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
173(1) |
Person started to install a cathodic protection system without performing preliminary steps |
4(I) |
$400 |
174 |
Cathodic protection system owner failed to ensure the system is designed and installed in accordance with requirements of the cathodic protection standard |
4(I) |
$400 |
175(1) |
Cathodic protection system owner failed to ensure the system met conditions before operation |
4(I) |
$400 |
176(2) |
Non-registrable cathodic protection system owner failed to perform tests within 90 days before starting to operate the system |
4(I) |
$400 |
177(2) |
Registered cathodic protection system owner failed to perform interference tests when parts of the system were replaced or changed |
4(I) |
$400 |
177(3) |
Registered cathodic protection system owner with an immersed anode failed to retest the system to ensure potential differences |
4(I) |
$400 |
177(4) |
Registered cathodic protection system owner failed to perform interference tests |
4(I) |
$400 |
178(1) |
The owner of a relevant system failed to perform interference tests on all foreign structures when parts of the system are replaced or changed |
4(I) |
$400 |
179 |
Cathodic protection system owner failed to perform interference tests on a foreign structure as required by the chief executive |
4(I) |
$400 |
180(1)(a) |
Owner of an impressed current cathodic protection system failed to keep records of test for 10 years |
2(I) |
$200 |
180(1)(b) |
Owner of cathodic protection system with a total anode mass of more than 25kg failed to keep record of tests for 10 years |
2(I) |
$200 |
180(2) |
Cathodic protection system owner failed to give copies of records of tests to the chief executive within 14 days of request |
2(I) |
$200 |
182(1) |
Cathodic protection system owner failed to ensure the system meets electrical limit requirements |
4(I) |
$400 |
183(1) |
Cathodic protection system owner failed to ensure the system meets maximum potential change requirements |
4(I) |
$400 |
184 |
Cathodic protection system owner failed to ensure the tolerances for measuring instruments used to test the system meet safety and technical standards |
4(I) |
$400 |
190(1) |
Owner of a registered system failed to give written notice of change of name or address within 30 days |
2(I) |
$200 |
192 |
Owner of a registered system failed to give written notice within 30 days of the system being removed or made permanently inoperable |
2(I) |
$200 |
193(1) |
Owner of a registered system failed to immediately advise the chief executive and give written notice of changes to a registered system or its method of operation |
2(I) |
$200 |
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
196(2) |
Employer or self-employed person failed to notify of a serious electrical incident or dangerous electrical event |
4(I) |
$400 |
197(2) |
Employer or self-employed person failed to make and keep a record of a serious electrical incident or dangerous electrical event |
2(I) |
$200 |
198(2) |
Distribution entity failed to notify of a serious electrical incident or dangerous electrical event |
4(I) |
$400 |
199(2) |
Distribution entity failed to take action in the interests of electrical safety, and make and keep written notice of incident |
4(I) |
$400 |
200 |
Distribution entity failed to report incident records |
2(I) |
$200 |
The offence description provides a general description of the offence. For more detail refer to the relevant legislation.
Electricity Regulation 2006
ENERGY EFFICIENCY AND PERFORMANCE OF ELECTRICAL EQUIPMENT |
|||
|---|---|---|---|
Section No. |
Offence Description** |
Penalty Units |
Penalty Amount |
143(1) |
Registration holder failed to give written notice of change of name or address |
1(I) |
$100 |
162(1) |
Person sold item of prescribed electrical equipment which was not registered and labelled |
2(I) |
$200 |
163 |
Person sold item of prescribed electrical equipment which was not registered |
2(I) |
$200 |
164(1) |
Person sold item of prescribed electrical equipment which was not registered, or if labelled the label did not comply |
2(I) |
$200 |
The offence description provides a general description of the offence. For more detail refer to the relevant legislation.
Last updated 21 July 2009