262. Electrical articles may be prescribed. (1) The Govertlor in Council may by Order in Cou~lcil determine that, after the date specified in the Order in Council with respect thereto, an electrical article specified therein shall not be sold or hired or offered, exposed or advertised for sale or hire unless it is approved by the Comtnission or is approved by the Statutory Approvals Authority of some other State or a Territory of the Comtnonwealth.
(2) An electrical article so specified is a " prescribed eiectrical article " for tlie purposes of this Part.
(3) The Governor in Council may by a further Order in Council revoke, amend, alter, vary or otherwise modify any Order it1 Council made under this section.
263. Approval of prescribed electrical articles. Any person desirous of obtaining approval of any prescribed electrical article shall rnnke application to tlie Comn~ission in nianner prescribed, pay the prcscribed fee and satisfy any other prescribed rcqulrements.
244. Reference to eleclrical articles by class, etc. An electrical article may be-
(a) specified in an Order in Council pursuant to section 262;
(b) approved by the Commission;
(c) described in regulations under this Act
by reference t o the class, description or type thereof, and such rcferencc shall for all purposes be a sufficient specilicatio~l. approval or description thereof.
245. Testing of prescribed electrical articles. (I) The Coxnnlission shall decide where and by whom a prescribed electrical article of any class, description or type shall be tested.
(2) If any person desires approval of any class, description or type of prescribed electrical article of which he is unable to submit samples when requircd to do so, whether because the electrical article is not part of a regular line of manufacture or is instalied in a fixed position or cannot reasonably be transported or for other reasons that, in the opinion of the Cornmission, :ire sulficient, the Commission may examine and test the electrical article at such time and in such manner unci upon such conditions as it thinks appropriate. The applicant shall pay to the Commission upon demand for examining and testing any electrical article pursuant t o this subsection si~ch sum as the Conimi~sio!l determines as being the cost, including the indirect and overhead expenses incurred by the Commission, in respect of such examination and test, and if such sum is not paid when demanded it may be recovered by the Commission by action as for a debt in any court of competent jurisdiction:
Provided that, in any case where the Comniission and each Statutory Approvals Authority have determined a uniform fee to be charged throughout the Commonwealth for examining and testing any prescribed
electrical article, that fee shall be deemed to be the cost determined by the Commission in respect of the examination and test of the article in question.
(3) If the Commission approves of an electrical article of any class, descripti6n or type, it shall give to the applicant for approval thereof a certificate of approval in or t o the effect of the form prescribed.
(4) An approval may be free of conditions or may, at the discretion of the Commission, be subject to such terms, provisions and conditions as are fixed by the Commission, and any such terms, provisions and conditions shall be endorsed upon such certificate of approval.
( 5 ) Unless the contrary is stated in the relevant certificate of approval, approval by the Comlnission of any class, description or type of prescribed electrical article does not and shall not be taken to permit or authorize any person to sell or hire or to offer for sale or hire such electrical article or expose or advertise it for sale or hire for use outside buildings or in any hazardous or damp situation or other situation involving a special risk.
(6) If the applicant for approval of a prescribed electrical article of any class, description or type that has not been approved by reason of its not passing all tests or any of thcm considers that by adjustment or alteration such electrical article will pass all such tests, he may adjust or alter the electrical article and submit it for re-examination and test and approval and, in respect thereof, he shall furnish full and detailed information of any such adjustment or alteration and such further inhrnlation as the Commission deems necessary.
(7) The applicant shall pay to the Commission upon demand for the re-examination and testing of a prescribed electrical article pursuant to subsection (6) such sum as the Commission determines as being the cost, including the indirect and overhead expenses incurred by the Commission, in respect of such re-examination and test, and if such sum is not paid when demanded it may be recovered by the Commission by action as for a debt in any court of competent jurisdiction.
(8) A person may notify the Commission of any change in design or construction of a prescribed electrical article of a class, description or type approved by the Commjssion, in respect of which a certificate of approval has been issued to him, for the purpose of having the particulars of the rnodificatjon endorsed on the certificate, and submit for exarnination and testing a modified electrical article together with complete information concerning the modification. If, after examination and testing of the modified electrical article, the Commission considers the electrical article complies with the published specifications and is of the same type as the electrical article originally examined and tested and approved, it shall endorse or cause to be endorsed on the relevant certificate of approval particulars of the modification, and thereupon the modified electrical article shall become and be the type of prescribed electrical articIe approved by the Commission.
(9) That person shall pay to the Commission on demand for examining and testing the modified electrical article pursuant to subsection (8) such sum as the Commission determines as being the cost, including the
ELECTRICITY ACT 1976-1980 SS. 266,267 155
indirect and overhead expenses incurred by the Commission, in respect of such examination and test, and if such sum is not paid when demanded it may be recovered by the Commission by action as for a debt in any court of competent jurisdiction.
(10) If in the opinion of the Commission the electrical article does not comply with the published specifications or is not of the same type as the electrical article for which approval was originally granted (other than for the modifications declared as aforesaid) the Con~mission shall i n writing notify the applicant accordingly,
(11) (a) Where a person to whom a certificate of approval has been issued in respect of any class, description or type of prescribed electrical article disposes of or transfers his business, or that portion of it that relates to such class, description or type of prescribed electrical article, to another person, the person to whom such certificate has been issued ]nay make application in writing to the Commission to have the allotment of the certificate of approval of the electrical article transferred to the person to whom the business or portion of the business is so disposed of or transferred.
(b) The application shall be countersigned by such other person, and shall be accompanied by the prescribed fee in respect thereof.
(12) The Commission may, if it approves of the transfer of the certificate of approval to the other person, thereupon transfer the allotment of the certificate of approval to that other person t o whom the business or portion of the business has been so disposed of or transferred.
(13) The responsibility of the transferor with respect to the prescribed electrical article ceases when the allotment of the certificate of approval has been approired by the Commission and vested in the transferee.
As amended by Act of 1980, No. 15, s. 45.
266. Commission may direct submission of article for testing. (1) The Commission may at any time by notice in writing require a person to whom a certificate of approval has been issued in respect of a class, description or type of prescribed electrical article to submit, within a time stated jn the notice, a specified number of such class, description or type of prescribed electrical article for examination and testing in accordance with the relevant approval and test specifications.
(2) A person so required shall submit the specified number of such class, description or type of prescribed electrical article accordingly and furnish therewith such particulars as msy be prescribed.
267. Withdrawal of approval. (1) The Commission may withdraw approval already granted in respect of any class, description o r type of prescribed electrical article-
(a) if an electrical article of the same class, description or type, when examined and tested in accordance with the provisions of the applicable approval and test specifications, is found a t any time not to conform to such specifications;
(b) if, in the opinion of the Commission, the class, description or type of electrical article is IikeIy to be or to become dangerous in normal use;
(c) if the holder for the time being of the certificate of approval
' fails or refuses at any time-
(i) to submit the specified number of such class, description or type of prescribed electrical articlc when required so to do in accordance with section 266;
(ii) to supply such particulars as may be prescribed in accordance with section 266;
(d) if, in the opinion of the Comnlission, representations are made by the holder for the time being of the certificate of approval or advertisen~ents are employed by the holder for the time being of the certificate of approval in connexion with the selling, offering or hiring of that class, description or type of prescribed electrical article that would mislead as to the significance of approval or the zlse for which approval i~
granted ;
(e) if any inforlnatio~i deli\ered to the Con1mission pursilant to this Part is found to be false or misleading;
(f) if the holder for the time being of the certificate of 2pproval has been guilty 6f a contravel~tiotl of any of his obligations or duties under or of any breach of this Act in respect of such class, description or type of prescribed electrical ar-ticle;
(g) if the holder for the time being of the certificate or approval so requests.
(2) (a) If the Comlnission determines to withdraw approval of n n y class, description or type of prescribed electrical article otherwise than at the request of the I~older for the timc being of the certificate of approval, it sl~all advertise in the Gazette notice of such determination specifying the effective date of the withdrawal and shall also give to the I~older for the time being of the certificate of approval notice i n writing of such determination specifying the effective date of the withdrawal. and o n and after the date of withdrawal so speciiied a person shall not sell or hire, offer for sale or hire, expose for sale or hire or advertise f o r sale or hi e any such class, description or type of prescribed electrical article.
(b) The holder for the time being of the ccrtificato of approval shall, within 14 days after the date 011 whicl any such withdrawal takes elTect, forward to the Conlrnission the relevant certificate ol' approval issued by the Commission.
268. Register of prescribed elcctricaI articles and register of approved electrical articles. ( I ) The Commission shall cause to be kept at its office-
(a) a register to be called the
"
Register o r Prescribed E1ectric:il Articles " ; and(b) a register t o be called the " Register of Approved Electrical Articles
".
ELEXTRICITY &CT 1976-19110 SS. 269,270 157
(2) Each such register shall contain such particulars as may be prescribed.
(3) The Register of Proclaimed Articles and the Register of Approved Articles kept pursuant to the provisions of The Electrical Approvals Regulations, 1962 immediately prior to the commencement of this Act shall, on such commencement, continue as and shall be respectively the Register of Prescribed Electrical Articles and the Register of Approveci Electrical Articles for the purposes of this Act, and every proclaimed article and evcry approved article set out in the respective registers immediately prior to such commencement shall be respectively-
(a) a prescribed electrical article;
(b) an approved electrical article for the purpose for which, and subject to such terms, provisions and conditions, if any, upon which, it was approved
on such comnxncement, subject, however, to the provisions of this Act.
(4) Each register shall be open to inspection by any person during the usual business hours in the office of the Commission on payment of the fee or fees prescribed with respect thereto.
(5) Any person on payment of the fee or fees prescribed with respect thereto is entitled to receive a certified copy of an entry in either register or, as the casc may be, of all entries relating to the holder of a certificate of approval or any other person or of all entries relating to the approval of a class or type of prescribed electrical article.
Divisioiz II-Non-prescribed Electrical Articles
269. Non-prescribed electrical articles. An electrical article that is not a prescribed electrical article as provided for in Division I is a
" non-prescribed electrical article " for the purposes of this Part.
270. Voluntary submission for examination. (1) Any person may apply to the Conlmission for a certificate of suitability in respect of any type of non-prescribed electrical article.
(2) Such applicatioil shall be made in the manner prescribed.
(3) If the Colnmission requires the electrical article in respect of which a certificate of suitability is applied for to be examined at a test laboratory specified by the Comnlission, it shall pay to the person, body or authority conducting such test laboratory the costs of such examination and shall be entitled to recover such costs from the applicant, and if such costs are not paid by the applicant to the Commission when demanded, they may be recovered by the Commission by action as for a debt in any court of competent jurisdiction.
(4) In addition to reimbursing to the Commission the costs referred to in subsection (3), the applicant shall pay such fees as may be prescribed.
(5) (a) The Commission may require an applicant to deposit with the application, in addition to the prescribed fee, if any, an amount to be applied towards the payment of the costs of examination of the electrical article.
158 SS. 271-273 E i L 2 m I C I T Y ACT 1974-1980
(b) If the amount so deposited exceeds the actual costs, the Commission shall refund the balance to the applicant.
(c) If the amount so deposited is insufficient to cover the costs of examination, the balance shall be paid by the applicant to the Comrnissioll and, if not paid when demanded, may be recovered in accordatlce with subsection (3).
(6) (a) In addition to any other remedy the Commission has for the recovery of moneys under this section, it may retain the electrical articIe examined and, if such moneys remain unpaid for three months after the Commission advises the applicant of the amount payable by him, it may sell the electrical article or dismantle it and sell or otherwise dispose of the components thereof.
(b) If the proceeds of such sale, after deducting the Commission's costs of disposing of the electrical article, exceed the amount of the moneys due to the Con~rnission, it sllall refund the balance to the applicant.
271. Certificate of suitability. (1) If the Commission is satisfied that the non-prescribed electrical article in respect of which an application for a certificate of suitability has been made is suitable for connexion t o electricity supply mains, it may issue to the person making the application a certificate of suitability for that type of non-prescribed electrical article.
(2) A certificate of suitability shall be in or to the efl'ect of the form prescribed and may a t the discretion of the Coinmission include conditions-
(a) limiting the period of time during which the certificatc shall remain in force;
(b) relating to the instrrllation or use of the type of non-prescribed electrical article concerned.
272. hqodification. (1) The holder of a certificate of suitability m a y make application in thc form prescribed to the Commission for an cnclorsernent on thc certificate of a modification of the non-prescribed electrical article specified in t l ~ c certificatc.
(2) The Co~ninissio~l may make such endorsement.
273. Refusal to issue and cancellstiors of certificates. The Commission may, for any reason it considers to be suficient-
(a) rcfuse to issue a certificate of suitability;
(b) refuse to endorse a modification on a certificate of suit;~Lilitl:
(c) require the holder of a cerlificalc of suitability to f:)rv,lard the certificate to the Gomtnission for cancellation, and cancel the certificate;
(d) require the holder of a certificate of suitability to fornard tllc certificate to the Corninission for tile cancellation of ;i n~odification ei~dorsed on the certificate, and cancel the m~rlification.
274. Notification with respect to certificates. Where the Commission issues or refuses to issue a certificate of suitability, endorses or refuses to endorse any modification thereon or cancels a certificate of suitability once issued or an endorsed modification, it may notify the Statutory Approvals Authority of another State or a Territory of the Com~nonwealth or such other person as it thinks fit.
Divisioiz IU-Electrical Approvals Exa/?zining Conznzittee, Reciprocitji within Australia, and Prohibition of Sale or Hire of Certain Electrical
Art ides
275. Electrical Approvals Examining Committee. (I) There shall be a committee called the " Electrical Approvals Examining Committee "
constituted as determined by the Con~mission from time to time, and it shall-
(a) examine and report to the Commission concerning an electrical article that is submitted to the Commission with an application for a certificate of approval or a certificate of suitability and referred by the Con~mission to the committee for examination and report;
(b) advise the Con~mission on any matter relating to the examination or approval of electrical articles submitted to the Commission.
(2) The members constituting the Electrical Approvals Examining Committee immediately prior to the commencement of this Act shall be the members constituting for the time being the committee provided for in subsection (1) on such conln~encement.
(3) In making an examination and report to the Con~mission concerning an electrical article pursuant to subsection (I) (a), the committee shall have regard to any reports obtained from a test laboratory specified by the Commission and may request such reports or furthel- reports, and a rcport of the committee shall inclrrde a recommendation that-
(a) the certificate applied for be issued;
(b) the certificate applied for be issued aftcr n~odifications speciiied by the committee have been made to the electricni article submitted;
(c) the certificate applied for be not issued; or
(d) any other recoln~nendation or recommendation of a type of recommendation that may be prescribed.
276. Fees and allowances to nrernbers of camnittee. (1) The members of the committee shall be paid such fecs or allowances or both, if any, as the Governor i n Council may from time to tinle detcsminc.
(2) A determination may ;it any time and from time to time be revoked or amended.