Electricity Act 1992

120 Cancellation, suspension, and other actions in relation to employer licences

• (1) The Board may (in relation to a matter raised by a complaint or by its own inquiries) take any of the actions referred to in subsection (2) in relation to an employer licence if it is satisfied that the employer licence holder—

  • (a) obtained the licence by making a false or misleading representation or declaration (whether oral or written); or

  • (b) was not entitled to be issued with an employer licence; or

  • (c) no longer meets all the requirements for the issue of an employer licence; or

  • (d) has failed to comply with any term or condition imposed by the Board in respect of that licence; or

  • (e) has failed to ensure that the prescribed electrical work done by employees of that person—

    • (i) is at all times carried out safely and competently; and

    • (ii) complies with the requirements of this Act and any regulations.

  (2) In any case to which subsection (1) applies, the Board may—

  • (a) do both of the following things:

    • (i) order that the employer licence be cancelled; and

    • (ii) order that the employer licence holder may not apply to be issued with an employer licence before the expiry of a specified period:

  • (b) order that the employer licence be suspended—

    • (i) for any period that the Board thinks fit; or

    • (ii) until the employer licence holder does any things that the Board may specify (for example, reviewing and improving safety procedures):

  • (c) order that the employer licence be restricted, for any period that the Board thinks fit, by limiting the prescribed electrical work that the employer licence holder may authorise an employee to do, or assist in doing, to the work that the Board may specify, and in imposing a limitation of this type the Board may also impose limitations on the circumstances in which an employee may do, or assist in doing, that work:

  • (d) order the employer licence holder to pay a fine not exceeding $50,000:

  • (e) order that the employer licence holder be censured:

  • (f) make no order under this subsection.

  (3) The Board may take only 1 type of action in subsection (2) in relation to a case, except that it may impose a fine under subsection (2)(d) in addition to taking the action under subsection (2)(b), (c), or (e).

  (4) No fine may be imposed under subsection (2)(d) in relation to an act or omission that constitutes an—

  • (a) offence for which the person has been convicted by a court; or

  • (b) infringement offence for which the person has been issued with an infringement notice and has paid an infringement fee.

  (5) The Board may take an action under this section whether or not the person is still an employer licence holder.

  Section 120: substituted, on 1 April 2010, by section 13 of the Electricity Amendment Act 2006 (2006 No 70).