N
nick
Guest
Hi all,
for those with nothing to do I found the QLD safety act 2002 below, and I
wonder if your reading of this is that licences are not required for
electrical engineers to perform or supervise electrical work? ( the perform
bit is interesting to me)
To my way of thinking thats what it says, but it seems to me to be a little
contradictory. In part 55-3b it says persons practicing the profession of
electrical engineering can supervise and perform electrical work without a
licence.
But in part 56 (contractor) it says no one can carry on the business of
electrical work without being licenced, and it lists no exemptions.
It seems to me that if you are practicing the profession then you are
carrying on the business of electrical engineering.
Educators are also exempt in part 55. Its funny that you can teach
electricians but you can't be an electrician when you leave the front gate
of the tafe. Someone in that union has wound this up tight.
Any comments?
Nick
PART 4-LICENCES
Division 1-Requirements for electrical licences
55 Requirement for electrical work licence
(1) A person must not perform or supervise electrical work unless-
(a) the person is the holder of an electrical work licence in force
under this Act; and
(b) the licence authorises the person to perform the work.
Maximum penalty-400 penalty units.
(2) Only an individual may be the holder of an electrical work licence.
(3) A person is not required under subsection (1) to hold an electrical
work licence for the purpose of the following-
(a) performance or supervision of electrical work for the purpose of
installing or repairing telecommunications cabling;
(b) performance or supervision of electrical work in practising the
person's profession as an electrical engineer;
(c) performance or supervision of remote rural installation work;
(d) performance or supervision of electrical work as part of the
testing of electrical equipment that the person is authorised to do
under a regulation;
(e) performance, as an apprentice, of electrical work in a calling that
requires the apprentice to perform electrical work;
(f) performance, as a trainee, of electrical work in a calling that
requires the trainee to perform electrical work of a type
prescribed under a regulation;
(g) performance, as a student, of electrical work as part of training
under the supervision of teaching staff at-
(i) a university; or
(ii) a college, school or similar institution conducted or
approved by a department of the State or of the
Commonwealth.
56 Requirement for electrical contractor licence
(1) A person must not conduct a business or undertaking that includes
the performance of electrical work unless the person is the holder of an
electrical contractor licence that is in force.
Maximum penalty-400 penalty units.
(2) Without limiting subsection (1), a person conducts a business or
undertaking that includes the performance of electrical work if the
person-
(a) advertises, notifies or states that, or advertises, notifies or makes
a statement to the effect that, the person carries on the business of
performing electrical work; or
(b) contracts for the performance electrical work, other than under a
contract of employment; or
(c) represents to the public that the person is willing to perform
electrical work; or
(d) employs a worker to perform electrical work, other than for the
person.
(3) However, a person does not conduct a business or undertaking that
includes the performance of electrical work only because the person-
(a) is a licensed electrical mechanic who-
(i) performs electrical work for the person or a relative of the
person at premises owned or occupied by the person or
relative; or
(ii) makes minor emergency repairs to make electrical
equipment electrically safe; or
(b) contracts for the performance of building work that includes the
performance of electrical work if the electrical work is intended
to be subcontracted to the holder of an electrical contractor
licence who is authorised under the licence to perform the work.
(4) This section does not authorise the performance of electrical work by
a person who does not have an electrical work licence for the work.
(5) A person does not contravene subsection (1) if-
(a) the person conducts a business or undertaking that includes the
performance of electrical work as a partner in a partnership; and
(b) the partnership is the holder of an electrical contractor licence
that is in force.
57 Compliance with conditions and restrictions
(1) The holder of an electrical work licence who performs or supervises
electrical work must comply with all conditions and restrictions included in
the licence.
Maximum penalty-400 penalty units.
(2) The holder of an electrical contractor licence who performs electrical
work must comply with all conditions and restrictions included in the
licence.
Maximum penalty for subsection (2)-400 penalty units.
Division 2-Electrical licence applications
58 Definition for div 2
In this division-
"electrical licence application" means an application to the chief
executive for-
(a) the issue of an electrical licence; or
(b) the renewal of an electrical licence; or
(c) the reinstatement of an electrical licence.
59 Application for issue of electrical licence
(1) A person may apply to the chief executive for the issue of an
electrical licence.
(2) The application for the electrical licence-
(a) must be made in the approved form; and
(b) must otherwise comply with the requirements prescribed under a
regulation about applying for the issue of the electrical licence,
including any requirements about the payment of fees.
(3) The chief executive may issue, or refuse to issue, the electrical
licence.
(4) In deciding whether to issue the electrical licence, the chief executive
must apply any eligibility requirements prescribed under a regulation for
the issue of the licence.
60 Application for renewal of electrical licence
(1) The holder of an electrical licence may, before the licence expires
(the "licence expiry"), apply to the chief executive for the renewal of the
licence.
(2) The application for the renewal of the electrical licence-
(a) must be made in the approved form; and
(b) must otherwise comply with the requirements prescribed under a
regulation about applying for the renewal of the electrical
licence, including any requirements about-
(i) the payment of fees; and
(ii) the day by which the application must be made.
(3) The chief executive may renew, or refuse to renew, the electrical
licence.
(4) In deciding whether to renew the electrical licence, the chief
executive must apply any eligibility requirements prescribed under a
regulation for the renewal of the licence.
(5) If the electrical licence is renewed before the licence expiry, the
renewal has effect from the licence expiry.
(6) If the electrical licence is not renewed before the licence expiry-
(a) the licence as in force immediately before the licence expiry
continues in force until-
(i) it is renewed; or
(ii) the chief executive gives written notice of a refusal to
renew; and
(b) if the licence is renewed, the licence, as renewed, ends on the day
it would have ended if it had been renewed with effect from the
licence expiry.
61 Application for reinstatement of electrical licence
(1) If an electrical licence expires (the "licence expiry"), the person who
was the holder of the licence may, within 1 year after the licence expiry,
apply to the chief executive for the reinstatement of the licence.
(2) The application must-
(a) be made in the approved form; and
(b) otherwise comply with the requirements prescribed under a
regulation about applying for the reinstatement of an electrical
licence, including any requirements about the payment of fees.
(3) The chief executive may reinstate, or refuse to reinstate, the
electrical
licence.
(4) In deciding whether to reinstate the electrical licence, the chief
executive must apply any eligibility requirements prescribed under a
regulation for the reinstatement of the licence.
(5) The reinstatement has effect from the end of the day of reinstatement.
(6) The electrical licence, as reinstated, is not taken to have been in
force
for the period from the licence expiry to the reinstatement.
(7) However, the electrical licence, as reinstated, ends on the day it
would have ended if it had been renewed with effect from the licence
expiry instead of being reinstated.
62 Further information or documents to support electrical licence
application
(1) The chief executive may, by written notice given to the applicant
under an electrical licence application, require the applicant to give the
chief executive, within a reasonable period of at least 21 days stated in
the
notice, further information or a document the chief executive reasonably
requires to decide the application.
(2) The chief executive may, in the notice, require the applicant to verify
the further information or document by statutory declaration.
(3) The applicant is taken to have withdrawn the application if the
applicant does not comply with a requirement under subsection (1) or (2)
within the stated period.
63 Electrical licence conditions and restrictions
An electrical licence, as issued, renewed or reinstated, may include
conditions or restrictions the chief executive considers necessary or
desirable for the proper performance of electrical work.
Examples of conditions-
.. A condition that the licence holder satisfactorily finish a particular
training course
or examination.
.. A condition that the licence holder keep in place insurance of a kind, and
in an
amount, prescribed under a regulation.
Examples of restrictions-
.. A restriction that limits electrical work that may be performed under the
licence to
a kind stated in the licence.
.. A restriction that limits electrical work that may be performed under the
licence to
a kind stated in the licence for an employer stated in the licence.
.. A restriction that limits electrical work that may be performed under the
licence to
a kind stated in the licence in a locality stated in the licence.
.. A restriction that limits the extent to which the holder may supervise the
performance of electrical work.
64 Chief executive to give reasons for refusal of application or for
conditions
(1) If, after considering an electrical licence application, the chief
executive refuses to issue, renew or reinstate an electrical licence, the
chief
executive must-
(a) give written notice of the refusal to the applicant within 30 days
of the decision to refuse; and
(b) include with the written notice an information notice for the
decision to refuse.
(2) If, after considering an electrical licence application, the chief
executive decides to include additional conditions or restrictions in an
electrical licence, or change conditions or restrictions in an electrical
licence, the chief executive must-
(a) give written notice of the inclusion or change to the applicant
within 30 days of the decision to include or change the
conditions or restrictions; and
(b) include with the written notice an information notice for the
decision to include or change the conditions or restrictions.
Division 3-External licences
65 External licence recognition provision
(1) A regulation may prescribe particular external licences to be
equivalent to particular electrical work licences.
(2) An external licence is taken to be the electrical work licence to which
it is equivalent.
for those with nothing to do I found the QLD safety act 2002 below, and I
wonder if your reading of this is that licences are not required for
electrical engineers to perform or supervise electrical work? ( the perform
bit is interesting to me)
To my way of thinking thats what it says, but it seems to me to be a little
contradictory. In part 55-3b it says persons practicing the profession of
electrical engineering can supervise and perform electrical work without a
licence.
But in part 56 (contractor) it says no one can carry on the business of
electrical work without being licenced, and it lists no exemptions.
It seems to me that if you are practicing the profession then you are
carrying on the business of electrical engineering.
Educators are also exempt in part 55. Its funny that you can teach
electricians but you can't be an electrician when you leave the front gate
of the tafe. Someone in that union has wound this up tight.
Any comments?
Nick
PART 4-LICENCES
Division 1-Requirements for electrical licences
55 Requirement for electrical work licence
(1) A person must not perform or supervise electrical work unless-
(a) the person is the holder of an electrical work licence in force
under this Act; and
(b) the licence authorises the person to perform the work.
Maximum penalty-400 penalty units.
(2) Only an individual may be the holder of an electrical work licence.
(3) A person is not required under subsection (1) to hold an electrical
work licence for the purpose of the following-
(a) performance or supervision of electrical work for the purpose of
installing or repairing telecommunications cabling;
(b) performance or supervision of electrical work in practising the
person's profession as an electrical engineer;
(c) performance or supervision of remote rural installation work;
(d) performance or supervision of electrical work as part of the
testing of electrical equipment that the person is authorised to do
under a regulation;
(e) performance, as an apprentice, of electrical work in a calling that
requires the apprentice to perform electrical work;
(f) performance, as a trainee, of electrical work in a calling that
requires the trainee to perform electrical work of a type
prescribed under a regulation;
(g) performance, as a student, of electrical work as part of training
under the supervision of teaching staff at-
(i) a university; or
(ii) a college, school or similar institution conducted or
approved by a department of the State or of the
Commonwealth.
56 Requirement for electrical contractor licence
(1) A person must not conduct a business or undertaking that includes
the performance of electrical work unless the person is the holder of an
electrical contractor licence that is in force.
Maximum penalty-400 penalty units.
(2) Without limiting subsection (1), a person conducts a business or
undertaking that includes the performance of electrical work if the
person-
(a) advertises, notifies or states that, or advertises, notifies or makes
a statement to the effect that, the person carries on the business of
performing electrical work; or
(b) contracts for the performance electrical work, other than under a
contract of employment; or
(c) represents to the public that the person is willing to perform
electrical work; or
(d) employs a worker to perform electrical work, other than for the
person.
(3) However, a person does not conduct a business or undertaking that
includes the performance of electrical work only because the person-
(a) is a licensed electrical mechanic who-
(i) performs electrical work for the person or a relative of the
person at premises owned or occupied by the person or
relative; or
(ii) makes minor emergency repairs to make electrical
equipment electrically safe; or
(b) contracts for the performance of building work that includes the
performance of electrical work if the electrical work is intended
to be subcontracted to the holder of an electrical contractor
licence who is authorised under the licence to perform the work.
(4) This section does not authorise the performance of electrical work by
a person who does not have an electrical work licence for the work.
(5) A person does not contravene subsection (1) if-
(a) the person conducts a business or undertaking that includes the
performance of electrical work as a partner in a partnership; and
(b) the partnership is the holder of an electrical contractor licence
that is in force.
57 Compliance with conditions and restrictions
(1) The holder of an electrical work licence who performs or supervises
electrical work must comply with all conditions and restrictions included in
the licence.
Maximum penalty-400 penalty units.
(2) The holder of an electrical contractor licence who performs electrical
work must comply with all conditions and restrictions included in the
licence.
Maximum penalty for subsection (2)-400 penalty units.
Division 2-Electrical licence applications
58 Definition for div 2
In this division-
"electrical licence application" means an application to the chief
executive for-
(a) the issue of an electrical licence; or
(b) the renewal of an electrical licence; or
(c) the reinstatement of an electrical licence.
59 Application for issue of electrical licence
(1) A person may apply to the chief executive for the issue of an
electrical licence.
(2) The application for the electrical licence-
(a) must be made in the approved form; and
(b) must otherwise comply with the requirements prescribed under a
regulation about applying for the issue of the electrical licence,
including any requirements about the payment of fees.
(3) The chief executive may issue, or refuse to issue, the electrical
licence.
(4) In deciding whether to issue the electrical licence, the chief executive
must apply any eligibility requirements prescribed under a regulation for
the issue of the licence.
60 Application for renewal of electrical licence
(1) The holder of an electrical licence may, before the licence expires
(the "licence expiry"), apply to the chief executive for the renewal of the
licence.
(2) The application for the renewal of the electrical licence-
(a) must be made in the approved form; and
(b) must otherwise comply with the requirements prescribed under a
regulation about applying for the renewal of the electrical
licence, including any requirements about-
(i) the payment of fees; and
(ii) the day by which the application must be made.
(3) The chief executive may renew, or refuse to renew, the electrical
licence.
(4) In deciding whether to renew the electrical licence, the chief
executive must apply any eligibility requirements prescribed under a
regulation for the renewal of the licence.
(5) If the electrical licence is renewed before the licence expiry, the
renewal has effect from the licence expiry.
(6) If the electrical licence is not renewed before the licence expiry-
(a) the licence as in force immediately before the licence expiry
continues in force until-
(i) it is renewed; or
(ii) the chief executive gives written notice of a refusal to
renew; and
(b) if the licence is renewed, the licence, as renewed, ends on the day
it would have ended if it had been renewed with effect from the
licence expiry.
61 Application for reinstatement of electrical licence
(1) If an electrical licence expires (the "licence expiry"), the person who
was the holder of the licence may, within 1 year after the licence expiry,
apply to the chief executive for the reinstatement of the licence.
(2) The application must-
(a) be made in the approved form; and
(b) otherwise comply with the requirements prescribed under a
regulation about applying for the reinstatement of an electrical
licence, including any requirements about the payment of fees.
(3) The chief executive may reinstate, or refuse to reinstate, the
electrical
licence.
(4) In deciding whether to reinstate the electrical licence, the chief
executive must apply any eligibility requirements prescribed under a
regulation for the reinstatement of the licence.
(5) The reinstatement has effect from the end of the day of reinstatement.
(6) The electrical licence, as reinstated, is not taken to have been in
force
for the period from the licence expiry to the reinstatement.
(7) However, the electrical licence, as reinstated, ends on the day it
would have ended if it had been renewed with effect from the licence
expiry instead of being reinstated.
62 Further information or documents to support electrical licence
application
(1) The chief executive may, by written notice given to the applicant
under an electrical licence application, require the applicant to give the
chief executive, within a reasonable period of at least 21 days stated in
the
notice, further information or a document the chief executive reasonably
requires to decide the application.
(2) The chief executive may, in the notice, require the applicant to verify
the further information or document by statutory declaration.
(3) The applicant is taken to have withdrawn the application if the
applicant does not comply with a requirement under subsection (1) or (2)
within the stated period.
63 Electrical licence conditions and restrictions
An electrical licence, as issued, renewed or reinstated, may include
conditions or restrictions the chief executive considers necessary or
desirable for the proper performance of electrical work.
Examples of conditions-
.. A condition that the licence holder satisfactorily finish a particular
training course
or examination.
.. A condition that the licence holder keep in place insurance of a kind, and
in an
amount, prescribed under a regulation.
Examples of restrictions-
.. A restriction that limits electrical work that may be performed under the
licence to
a kind stated in the licence.
.. A restriction that limits electrical work that may be performed under the
licence to
a kind stated in the licence for an employer stated in the licence.
.. A restriction that limits electrical work that may be performed under the
licence to
a kind stated in the licence in a locality stated in the licence.
.. A restriction that limits the extent to which the holder may supervise the
performance of electrical work.
64 Chief executive to give reasons for refusal of application or for
conditions
(1) If, after considering an electrical licence application, the chief
executive refuses to issue, renew or reinstate an electrical licence, the
chief
executive must-
(a) give written notice of the refusal to the applicant within 30 days
of the decision to refuse; and
(b) include with the written notice an information notice for the
decision to refuse.
(2) If, after considering an electrical licence application, the chief
executive decides to include additional conditions or restrictions in an
electrical licence, or change conditions or restrictions in an electrical
licence, the chief executive must-
(a) give written notice of the inclusion or change to the applicant
within 30 days of the decision to include or change the
conditions or restrictions; and
(b) include with the written notice an information notice for the
decision to include or change the conditions or restrictions.
Division 3-External licences
65 External licence recognition provision
(1) A regulation may prescribe particular external licences to be
equivalent to particular electrical work licences.
(2) An external licence is taken to be the electrical work licence to which
it is equivalent.