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Details of successful prosecution against E181259

Incident description

The defendant was charged with an offence under section 55 and an offence under section 56 of the Electrical Safety Act 2002 relating to performance of electrical work while not being the holder of an electrical work contractor licence. 

He performed electrical work at a Blanchview property between February and April 2013. The owners of the property contacted the defendant to perform work after responding to an advertisement placed by the defendant at a local shop.

The defendant carried out work with the assistance of three or four workers. The electrical work consisted of removal and installation of a hot water system, removal and installation of socket outlets, supply of power and light cables, installation of power fittings and installation of outdoor power for a pressure pump. The defendant invoiced for the work and was paid $2733.50. Electrical safety inspectors investigated the electrical work performed by the defendant. They found some cables not installed in accordance with the wiring rules. A subsequent search of the electrical licensing system database confirmed the defendant did not hold an electrical work licence or a contractor licence.

Court result

The defendant pleaded guilty in the Toowoomba Magistrates Court on 15 August 2014 to breaching sections 55 and 56 of the Electrical Safety Act 2002, and was sentenced.

Magistrate Mr Bruce Schemioneck fined the defendant $4000, in default 160 days imprisonment. He allowed the defendant four months to pay the fine. No conviction was recorded.

In reaching a decision the Magistrate acknowledged the need for deterrence in this matter. Magistrate Schemioneck took into account the defendant had not been prosecuted previously for any offence under the Electrical Safety Act 2002, co-operated with the investigation and entered a timely plea of guilty.

Considerations for prevention

(Commentary under this heading may be additional to material before the court.)

In Queensland, a person can only perform electrical work if they hold an electrical work licence. An electrical work licence can be issued in a number of classes. The type of electrical work the person is licensed to perform is printed on the front of the licence.

Details

Industry:
Electricity, gas, water and waste services
Defendant:
E181259
Date of offence:
Various dates between February and April 2013
Injury:
Court
Townsville Magistrates Court
Magistrate:
Mr Bruce Schemioneck
Legislation:
s. 55 and 56 Electrical Safety Act 2002
Decision date:
15/07/2014
Penalty:
$4000
Maximum Penalty:
$50 000
Conviction recorded:
No
CIS event number:
E181259
Last updated
02 July 2018

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