Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2)

Sizin üçün oyun:

Google Play'də əldə edin


Yüklə 366.53 Kb.
səhifə2/3
tarix25.01.2019
ölçüsü366.53 Kb.
1   2   3
Part 20 Transitional—Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2)

180 Conduct engaged in before commencement of amending Act

Part 6 as amended by the Construction and Energy Efficiency Legislation Amendment Act 2014 (No 2) (the Act), applies in relation to work carried out by licensees and former licensees before the commencement of the Act.



181 Expiry—pt 20

This part expires 1 year after the day the Act, section 3 commences.



Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).

21 Dictionary, new definition of building assessment work



insert

building assessment work means preparing and providing—

(a) an energy efficiency certificate under the Building Act 2004; or

(b) an energy efficiency rating statement; or

(c) a statement, certificate or other document prescribed by regulation.



Note Energy efficiency certificate—see the Building Act 2004, s 139C.

22 Dictionary, definition of compliance auditor



substitute

compliance auditor, for part 6 (Enforcement)—see section 75.

23 Dictionary, new definitions



insert

inspector, for part 6 (Enforcement)—see section 75.

officer, for part 6 (Enforcement)—see section 75.

works assessment work means—

(a) undertaking an exemption assessment under the Planning and Development Act 2007; or

(b) providing, including doing anything incidental to providing, a unit title assessment report under the Unit Titles Act 2001.

Note Unit title assessment report—see the Unit Titles Act 2001, s 22B.
Part 3 Construction Occupations (Licensing) Regulation 2004

24 Reviewable decisions


Schedule 4, new item 21A


insert

21A

Act, 107 (5)

refuse to give access to information on register

person asking for access to information


Part 4 Electricity Safety Act 1971

25 Part 2 heading



substitute

Part 2 Electrical wiring work and electrical installations

Division 2.1 Electrical wiring work and electrical installations—safety

26 New division 2.2



after section 8, insert

Division 2.2 Electrical wiring work and electrical installations—energy efficiency

Note The Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in Ministerial determinations (GEMS determinations).

See this Act, s 27 (Offences—energy efficiency requirements for non prescribed articles of electrical equipment).



8A Offences—energy efficiency requirements for electrical wiring work and electrical installations

(1) A person commits an offence if—

(a) the person carries out electrical wiring work; and

(b) the work does not comply with a regulation made under section 66 (2) (a) (Regulation-making power) that applies to the work.

Maximum penalty: 50 penalty units.

Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).

(2) A person commits an offence if—

(a) the person carries out electrical wiring work on an electrical installation; and

(b) the installation does not comply with a regulation made under section 66 (2) (a) that applies to the work.

Maximum penalty: 50 penalty units.

(3) A person commits an offence if—

(a) the person disposes of—

(i) all or part of an electrical installation; or

(ii) all or part of an article of electrical equipment; and

(b) the disposal does not comply with a standard prescribed by regulation that applies to the disposal.

Maximum penalty: 50 penalty units.

27 Definitions for pt 3


Section 9, definition of approved first seller


substitute

approved first seller means a person who—

(a) either—

(i) manufactures a prescribed article of electrical equipment in the ACT or another state or territory; or

(ii) imports a prescribed article of electrical equipment into the ACT from outside Australia; and

(b) is registered or approved as an approved first seller (however described) under a relevant safety standard.

28 Declaration of prescribed articles of electrical equipment


New section 11A (4A) to (4C)


insert

(4A) If the construction occupations registrar states a safety standard under subsection (4) by adopting the law of a State, and that law includes a registration, approval or certification requirement, that requirement applies to the safety standard stated by the registrar.

(4B) Also, an article of electrical equipment ceases to comply with a safety standard if there is an approved first seller of the article and—

(a) the registrar is satisfied that—

(i) the approved first seller of the article is insolvent; or

(ii) the approved first seller of the article has been refused registration as a first seller or approved applicant, or equivalent registration, under a corresponding law of a State or another Territory; or

(iii) the registration of a person as a first seller or approved applicant, or equivalent registration of the person, under the corresponding law of a State or another Territory has been cancelled other than at the request of the person; or

(iv) the approved first seller of the article has been convicted of an offence against this part or part 3 as in force immediately before the commencement of this part or of a similar offence against the law of a State or another Territory; or

(v) the person has supplied an article of electrical equipment in breach of an undertaking referred to in a determination of compliance; or

(b) the approved first seller asks in writing that the registration be cancelled; or

(c) the approved first seller—

(i) for a body corporate—is dissolved; or

(ii) for an individual—dies.

(4C) For subsection (4B), a person is taken to be insolvent if—

(a) for a body corporate—a resolution for the winding-up of the body has been passed or an application for the winding-up of the body has been filed in a court; or

(b) for an individual—the person becomes bankrupt or personally insolvent.


29 Sale or installation of prescribed articles
Section 12 (1) (b) (i)


substitute

(i) a declaration of compliance in relation to the article is not registered in accordance with a relevant safety standard or corresponding law; or

30 Section 12 (2) (b) (i)

substitute

(i) a declaration of compliance in relation to the article had never been registered in accordance with a relevant safety standard or corresponding law; or

31 Sections 14 to 19

omit

32 Multiple occupations, classes and authorisation


Section 20


omit

the authority



substitute

the registrar

33 Registers
Section 21 (1) (b) and (c)


omit

34 Revocation of nominee’s appointment


Section 30 (2) (a)


omit

the authority



substitute

the registrar

35 Emergency rectification order
Section 39


omit

the authority



substitute

the registrar

36 Power to inspect electrical wiring work
Section 57 (1)


omit

(Electrical wiring work)



insert

(Electrical wiring work and electrical installations)

37 Regulation-making power
Section 66 (2)


substitute

(2) The Executive may also make regulations—

(a) for electrical installations and articles of electrical equipment to promote the efficient use or conservation of power and energy, or to limit harm to the environment; and

(b) that set standards in relation to construction, installation, configuration, maintenance, repair, service, replacement, inspection, testing, labelling or disposal of articles of electrical equipment and electrical installations (or parts of electrical equipment and electrical installations).

38 Reviewable decisions
Schedule 1, items 3 to 8


omit

39 Dictionary, note 2



insert

· construction occupations registrar

40 Dictionary, note 2

omit

· planning and land authority

41 Further amendments, mentions of planning and land authority

omit

planning and land authority



substitute

construction occupations registrar



in

· sections 11A and 11B

· section 20

· section 28

· sections 30 and 31

· section 36

· sections 39 and 40
Part 5 Energy Efficiency (Cost of Living) Improvement Act 2012

42 Achieving energy savings obligations


New section 14 (4)


after the notes, insert

(4) However, if a NERL retailer starts an eligible activity in a compliance period before the retailer gives a compliance plan for the compliance period to the administrator under section 17, the eligible activity is taken not to comply with the relevant code of practice.

43 Achieving priority household obligations
New section 16 (3)


insert

(3) However, if a NERL retailer starts an eligible activity in a compliance period before the retailer gives a compliance plan for the compliance period to the administrator under section 17, the eligible activity is taken not to comply with the relevant code of practice.

44 NERL retailer must lodge compliance plan
Section 17 (3)


omit

lodge a compliance plan



substitute

give a compliance plan to the administrator

45 Compliance with energy savings obligations—retailer energy savings result
New section 20 (3A) and (3B)


insert

(3A) The administrator may exclude from the calculation of a retailer energy savings result the abatement factor for an eligible activity reported by the retailer under section 19 if the administrator is not satisfied that the activity complies with a relevant approved code of practice.

(3B) If the administrator excludes data from a calculation under subsection (3A), the administrator may substitute data that the administrator believes on reasonable grounds is correct.

Example—reason for excluding an abatement factor

the abatement factor has been miscalculated



Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132)

46 Compliance with energy savings obligations—tier 2 retailer energy savings result and contribution


New section 20A (3A) and (3B)


insert

(3A) The administrator may exclude from the calculation of a retailer energy savings result the abatement factor for an eligible activity reported by the retailer under section 19 if the administrator is not satisfied that the activity complies with a relevant approved code of practice.

(3B) If the administrator excludes data from a calculation under subsection (3A), the administrator may substitute data that the administrator believes on reasonable grounds is correct.

47 New section 20D



insert

20D Redetermining energy savings result

(1) If the administrator believes on reasonable grounds that the determination of a NERL retailer’s retailer energy savings result is not correct, the administrator may make a new determination of the retailer’s retailer energy savings result under section 20 or section 20A.

(2) A new determination under section 20 or section 20A must not be made more than 5 years after the day on which the compliance period, for which the original determination was made, ends.

(3) The following provisions apply to a new determination of the retailer’s retailer energy savings result:

(a) if the new determination is made under section 20—section 20 (4) to (8) and section 22;

(b) if the new determination is made under section 20A—section 20A (4) to (6) and section 22.

48 Compliance with priority household obligations—retailer priority household result
New section 21 (2A) and (2B)


insert

(2A) The administrator may exclude from the calculation of a retailer priority household result the abatement factor for an eligible activity reported by the retailer under section 19 if the administrator is not satisfied that the activity complies with a relevant approved code of practice.

(2B) If the administrator excludes data from a calculation under subsection (2A), the administrator may substitute data that the administrator believes on reasonable grounds is correct.

49 New section 21A



insert

21A Redetermining priority household result

(1) If the administrator believes on reasonable grounds that the determination of a NERL retailer’s retailer priority household result is not correct, the administrator may make a new determination of the retailer’s retailer priority household result under section 21.

(2) A new determination under section 21 must not be made more than 5 years after the day on which the compliance period, for which the original determination was made, ends.

(3) Section 21 (3) to (8) and section 22 apply to a new determination of the retailer’s retailer priority household result.

50 Codes of practice
New section 25 (1) (e)


before the note, insert

(e) carrying out an audit of information given to the administrator under section 19 (Information to be given to administrator), including the following:

(i) purpose of the audit;

(ii) qualifications of auditors;

(iii) appointment of auditors;

(iv) removal of auditors;

(v) obligations of auditors;

(vi) reporting requirements for auditors.

51 New part 4A

insert

Part 4A Information sharing

28A Definitions—pt 4A

In this part:



compliance information means information that—

(a) the administrator has as a result of exercising a function under this Act; or

(b) a regulatory agency has—

(i) as a result of exercising a function under a territory law; and

(ii) that is relevant to a function of the administrator under this Act.

non-territory agency means an agency of the Commonwealth or a State that exercises functions analogous to those exercised by a regulatory agency.

regulatory agency means any of the following:

(a) the construction occupations registrar;

(b) the planning and land authority;

(c) the environment protection authority;

(d) the commissioner appointed under the Fair Trading (Australian Consumer Law) Act 1992;

(e) the director-general responsible for the Fair Trading (Australian Consumer Law) Act 1992;

(f) the director-general responsible for the Work Health and Safety Act 2011;

(g) the commissioner appointed under the Work Health and Safety Act 2011;

(h) the independent competition and regulatory commission;

(i) the chief executive officer appointed under the Independent Competition and Regulatory Commission Act 1997;

(j) an entity prescribed by regulation.

28B Sharing information—territory agencies

(1) The administrator may—

(a) give compliance information to a regulatory agency; and

(b) impose conditions on how the regulatory agency uses, stores or shares the information.

(2) The administrator may request compliance information from a regulatory agency.

(3) A regulatory agency that receives a request under subsection (2) may—

(a) give the information to the administrator; and

(b) impose conditions on how the administrator uses, stores or shares the information.

(4) However, compliance information must not be given under this section unless the entity that gives the information is satisfied that—

(a) the entity that receives the information (the recipient) will use the information to exercise a function the recipient has under a territory law; and

(b) giving or receiving the information will not compromise the exercise of a function under a territory law.

Example—instance where exercise of function could be compromised

XYZ Pty Ltd carries out an eligible activity under this Act. The work safety commissioner (the commissioner) is investigating XYZ for possible breaches of the Work Health and Safety Act 2011. The commissioner receives a request for compliance information from the administrator. The commissioner believes that giving the administrator the information could jeopardise the investigation. The commissioner may refuse the request.



Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

28C Sharing information—non-territory agencies

(1) The administrator may give compliance information to a non territory agency if the administrator believes on reasonable grounds that—

(a) the information relates to the undertaking of eligible activities; and

(b) the information relates to compliance with a law of another jurisdiction that is applied, adopted or incorporated under—

(i) a determination made under section 10 (Eligible activities); or

(ii) a code of practice approved under section 25 (Codes of practice).



Note Law of another jurisdiction—see s 10 (8).

(2) The administrator may impose conditions on how the non-territory agency uses, stores or shares the information.

(3) However, the administrator must not give compliance information under this section unless the administrator is satisfied that—

(a) the entity that receives the information (the recipient) will use the information to exercise a function the recipient has under a law mentioned in subsection (1) (b); and

(b) giving the information will not compromise the exercise of a function under a territory law.

52 New divisions 5.5A to 5.5C



insert

Division 5.5A Contravention of code of practice

49A Powers of administrator to address contravention

(1) If the administrator believes on reasonable grounds that a NERL retailer, or the retailer’s agent, has contravened a code of practice, the administrator may do any of the following:

(a) require the retailer or agent to complete a stated course of training to the satisfaction of the administrator;

(b) restrict or place a condition on the performance of an activity by the retailer or agent;



Examples—condition

1 retailer must notify administrator before performing an activity

2 retailer must arrange for independent quality assurance

3 retailer must report more often



Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

(c) require the retailer to rectify the contravention within a stated time;

(d) if the administrator is satisfied that it would not be appropriate to require the retailer to rectify the contravention because of the relationship between the retailer and the land owner—authorise someone else to rectify the contravention, and require the NERL retailer to pay for the work;

Example where relationship requires another party to do work

A NERL retailer installed an article on land owned by another person (the owner). The owner has been seeking redress for bad workmanship from the retailer in relation to this and/or other installations on the land. The owner has no confidence in the retailer’s ability to properly carry out the work. It would not be appropriate to require the retailer to do the work.

(e) require the retailer to pay a financial penalty of not more than $1 000 in relation to each contravention.

Note A penalty imposed under this Act must be paid to the Territory.

(2) If the administrator requires a person to complete training under subsection (1) (a), the person must pay—

(a) for the training; and

(b) if the Territory incurs expense in arranging the training—the Territory the amount of expense incurred.

(3) However, if the person who is required to complete training under subsection (1) (a) is a retailer’s agent, the retailer must pay the costs mentioned in subsection (2).

49B Notice before exercising power

(1) The administrator must not take action under section 49A unless the administrator has given notice in relation to the following matters to a relevant person:

(a) details of the action that may be taken;

(b) an explanation of why the administrator intends to take the action;

(c) that the person may make submissions about the proposed action during a period stated in the notice that is not less than 5 working days after the day the person receives the notice.

(2) However, the administrator must not give notice of action to be taken under section 49A to an owner of land unless the action requires work to be carried out on the land.

(3) Subsection (4) applies if the rectification work must be carried out on land that is not owned or occupied by the NERL retailer.

(4) The notice must—

(a) state that the administrator will not make a rectification order unless the administrator is satisfied that it is appropriate to make the order in relation to the NERL retailer, because of the relationship between the retailer and the land owner; and

(b) if the administrator is not satisfied that it is appropriate to make the order in relation to the NERL retailer, because of the relationship between the retailer and the land owner—inform the NERL retailer that the administrator proposes to take action under section 49A (1) (d).

(5) In this section:

relevant person means a NERL retailer, and a person on whose land the retailer has carried out an activity.



Dostları ilə paylaş:
1   2   3
Orklarla döyüş:

Google Play'də əldə edin


Verilənlər bazası müəlliflik hüququ ilə müdafiə olunur ©muhaz.org 2017
rəhbərliyinə müraciət

    Ana səhifə