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Safety Switch Legislation

A run down of the regulations and information sources for safety switch compliance in Queensland.

  • Leased domestic residences are required by law to at least have safety switches or a RCD installed for all power points and if the dwelling was built after 1992 for the lighting circuits as well.
  • Installed safety switches must be in working order as suggested by the QLD Department of Justice and Attorney General.
REFERENCES

Electrical Safety Act

Source: www.legislation.qld.gov.au/legisltn/sls/2013/13sl213.pdf

This extract refers to “Section 85” of the Electrical Safety Regulation 2013: Subordinate Legislation 2013 No. 213 made under the Electrical Safety Act 2002 & State Penalties Enforcement Act 1999

85 Installation of approved safety switch if residential tenancy agreement entered into or to be entered into
(1) This section applies if—
(a) a residential tenancy agreement for residential land is proposed to be entered into on or after the commencement of this regulation; and

[s 86]
Electrical Safety Regulation 2013 Part 6 Electrical installations 2013 SL No. 213 Page 71
(b) the owner of the residential land is aware of the proposed residential tenancy agreement or that the proposed residential tenancy agreement has been entered into; and
(c) a general purpose socket-outlet was installed in the domestic residence on the residential land before 1 June 1992; and
(d) an approved safety switch is not installed for the general purpose socket-outlet.
(2) The owner of the residential land must ensure an approved safety switch is installed for the general purpose socket-outlet as soon as practicable after becoming aware of the proposed
residential tenancy agreement or that the proposed residential tenancy agreement has been entered into. Maximum penalty—15 penalty units.
(3) In this section—owner, of residential land, means the person registered or entitled to be registered, immediately after the transfer date for the land—
(a) under the Land Act 1994, as a lessee, or personal representative of a deceased lessee, of the land; or
(b) under the Land Title Act 1994, as an owner, or the personal representative of an owner, of the land. residential tenancy agreement has the meaning given by the Residential Tenancies and Rooming Accommodation Act 2008.

QLD Department of Justice and Attorney General Regulatory Details

Source:
http://www.justice.qld.gov.au/corporate/community-consultation/community-consultation-activities/past-activities/have-your-say-on-proposed-safety-switch-laws/safety-switch-options-at-a-glance

This is an extract from the Queensland Government website in relation to safety switch requirements.

New Homes
safety switches on power and lighting circuits only

Extensions to homes
safety switches on power and lighting circuits only

Existing homes
(not new or extended)
safety switches on power circuits only within three months of sale or transfer of the property

REIQ Recommendations

Source:
http://institute.reiq.com/REIQ/Consumer_information/Consumer_cols/Rentals/Safety_switches_mandatory.aspx

This is an extract from the REIQ website in relation to safety switch legislation and regulations for rental properties.

Consumer column – safety switches mandatory in rental properties

Since early 2008, all residential rental properties where a residential tenancy agreement is in place are legally required to have safety switches installed.

The Electrical Safety Amendment Regulation (No.1) 2006 required that landlords of residential rental property install safety switches in their rental premises.

The legislation has two distinct categories:

Homes Built After 1992
It has been a legal requirement for all homes built since 1992 to have safety switches installed on power and lighting circuits.

Homes Built Before 1992
As of March 1 2006, the law requires that landlords install a safety switch to the power circuit of the rental property. The safety switch was required to be installed either:

Within six months of a residential tenancy agreement being entered into (including any renewals), or by 29 February 2008 (whichever was the sooner); or

From 1 March 2008, owners of leased domestic residences must have a safety switch installed for the power circuit of the residence after a residential tenancy agreement has been entered into (this also applies to periodic tenancies which are not updated).

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