Notices

• Improvement notice
• Electrical safety protection notice
• Unsafe equipment notice
• Infringement notices or on-the-spot fines

In addition to the penalties for breaches of the Electrical Safety Act 2002 (the Act), an inspector is able to issue four types of notices. Find out more about the role of inspectors.

Improvement notice

If an inspector believes someone has breached part of the Act or is likely to continue to do so, the inspector is able to direct that person to remedy the breach or its causes. (Section 153).

The direction can be given verbally but must be confirmed by a written improvement notice as soon as possible.

Some of things the improvement notice must say:

• what was wrong
• what would have to be done to fix it
• when it would have to be fixed by.

You must comply with an improvement notice. The maximum penalty for failing to comply is 40 penalty units.

For more information on improvement notices, refer to Section 153 of the Act.

Electrical safety protection notice

If an inspector believes there is or could be an immediate electrical risk to people or property, the inspector can:

• direct the person in control to stop doing something
• direct that person to stop using electrical equipment or allowing someone else to use equipment
• disconnect electrical equipment.

The direction can be given verbally but must be confirmed by a written improvement notice as soon as possible.

A person must comply with an electrical safety protection notice. The maximum penalty for failing to do so is 40 penalty units or six months jail.

Refer to Section 154 of the Electrical Safety Act 2002 for more information on electrical safety protection notices.

Unsafe equipment notice

An unsafe equipment notice means the owner must make the equipment either harmless or incapable of operating.

An unsafe equipment notice must be obeyed. The maximum penalty for failing to comply is 100 penalty units.

For more information on improvement notices, refer to Section 155 of the Electrical Safety Act 2002.

A penalty unit has a dollar value determined by the Queensland Department of Justice and Attorney-General. At the date of publication, the value of a penalty unit was $100. Under the Penalties and Sentences Act 1992, if a corporation is found guilty of an offence, the Court may impose a maximum fine of an amount equal to 5 times the maximum fine for an individual.

Infringement notices or on-the-spot fines

Infringement notices are also called on-the-spot fines.

Infringement notices can only be issued for an offence contained in the schedules to the State Penalties Enforcement Regulation 2000. Schedule 5 includes a number of offences from the Electrical Safety Act 2002 and theElectrical Safety Regulation 2002 (PDF File, 1.02 MB). The Electrical Safety Office's schedule of offences and on-the-spot fines is available online and is updated as required.

If an inspector identifies an electrical safety infringement offence, they may immediately issue the alleged offender with an infringement notice.

An infringement notice is written advice given to the alleged offender that identifies:

• time and date of the alleged offence
• description of the alleged offence
• the fine
• options available to the alleged offender to either to pay or contest the alleged offence.

An infringement notice does not require the alleged offender to remedy non-conformance with the legislation. A separate improvement notice, electrical safety protection notice or unsafe equipment notice will be issued for that.

The infringement notice system follows this process:

• identification of an infringement offence
• issue of an infringement notice
• alleged offender to take action to comply with the infringement notice within 28 days
• where a fine remains unpaid after 28 days and no agreement exists between the alleged offender and the Department of Justice and Attorney-General the unpaid debt is lodged with the State Penalties Enforcement Registry (SPER) for further enforcement
• start of enforcement action by SPER against the alleged offender for recovery of the unpaid fine plus additional fees.

An alleged offender may choose to:

• pay the fine in full within 28 days at any Department of Justice and Attorney-General office
• apply within 28 days to pay the fine by instalments at anyDepartment of Justice and Attorney-General office
• contest an infringement notice in a Queensland Courts - Magistrates Court within 28 days if the fine is not paid and no application has been made to pay by instalments.