Recent changes and updates

On 1 January 2012 several changes to the Electricity Safety Act 1998 ("the Act") commenced operation. In particular, Tradespeople need to be aware of the following new offence set out in section 43A of the Act:

43A    Safety of electrical installations-building work
(1)    A person must not carry out building work at a premises which 
        the person knows or should reasonably be expected to know will
        make-
            (a)    an electrical installation at the premises unsafe; or
            (b)    a building at the premises unsafe if that premises is supplied 
                    with electricity.
    Penalty:    In the case of a natural person, 40 penalty units;
                      In the case of a body corporate, 200 penalty units.
 (2)    In this section-
            building work has the same meaning as in the Building Act 1993.

For example, this new provision would make it an offence for an insulation installer to install thermal insulation in a manner that creates a risk of fire (e.g. where the installation of the material affects the safe operation of recessed luminaires).

In addition to the above, the Act now provides Energy Safe Victoria with the ability to commence prosecutions with respect to offences against the Act within 3 years of the date the offence occurred (previously 1 year).  This brings the Electricity Safety Act 1998 into line with various other building and construction related legislation.