Update - EESS requirements for after 1 April 2019

The EESS commenced in Queensland on 1 March 2013. In 2018 an intergovernmental agreement (IGA) on governance of the EESS was signed by Queensland, Western Australia and Victoria. EESS legislation started on 1 April 2019 in Victoria. Other Australian jurisdictions are currently progressing or considering (or have not yet made a decision about) their implementation of the EESS. New Zealand will have complementary legislation in due course.

The IGA sets up a ministerial oversight committee (MOC) of Ministers who have signed the IGA to ensure government oversight and governance of the EESS laws. A Standing Council of Officers (SCO), with members appointed by the Ministers, has also been constituted by the IGA. The SCO will oversee the operational aspects of the EESS.

A new website for the EESS is under development and all information relating to the EESS will be migrated to EESS.gov.au once that website is finalised.

The EESS is now considered to be operational and all previous transitional arrangements have ceased

Responsible Supplier is required to:

- remain registered as a Responsible Supplier (renew registration as it falls due);
- have registered all level 3 and level 2 equipment; and
- optionally register type and brand and model number (and any certification detail) of level 1 equipment they supply.

Note: there is no cost to optionally register level 1 equipment details.

All certificates uploaded to the national certification database should now meet the criteria of the EESS law and published Equipment Safety Rules.

All QLD RECS issued certificates (for level 1, 2 and 3) meet these requirements.

Any government agency direct issued certificate can also be uploaded onto the certification database by that government regulator.

All NSW Fair Trading and NSW REAS issued certificates for NSW declared articles that are already on the certification database will remain.

Until 1 October 2019 the following NSW REAS continue to have ability to upload certificates:

Note: Certifiers who are declared as New South Wales Recognised External Approval Schemes (REAS) can only issue level 3 certificate and only if it is a declared article in NSW.

- Australian Safety Approval;
- BSI Group;
- Certification Body Australia;
- Global-Mark;
- SAA Approvals;
- SAI Global;
- SGS Australia;
- TUV Rheinland Australia; and
- UL International New Zealand.

Note: Prior to 1 April 2019, Non-Queensland RECS certifiers (Accredited NSW REAS Certifiers) could upload Level 3 equipment certificate details onto the National Certification Database for Responsible Suppliers to register that equipment. NSW REAS Certifiers are not recognised in the EESS to issue level 2 or level 1 electrical safety certificates.

However, please see www.esv.vic.gov.au for any allowances for uploading, or adding modifications to, certificates issued by non-Queensland RECS certifiers or updates to their existing certificates as of 1 April 2019 and for after 1 October 2019.

The New Zealand electrical regulator has introduced legislation that recognises the EESS as a means of compliance for some of their electrical safety requirements. Contact the New Zealand regulator for more detail.

The EESS requires the use of the RCM on equipment in accordance with the rules laid out in AS/NZS 4417.  For electrical safety, the use of the RCM on equipment is only permitted if the equipment is in compliance with the EESS. (Nb. – rules for the use of the RCM for products subject to ACMA arrangements [eg. EMC, radiocommunications, telecommunications, EME] are set out in ACMA regulatory arrangements.

Note: The RCM is a registered trademark of Electrical Safety Regulators and the ACMA. The rules for use of the RCM for compliance with electrical safety requirements are set out in AS/NZS 4417. One of those requirements is that equipment that meets electrical safety level 3 equipment definitions must be registered on the EESS national database.  To register level 3 equipment the certificate for that equipment must be on the national certification database.

For further details on the new system click on the EESS tab above.

Please note, NSW is considering the proposal that all State and Territory regulators participate in the EESS. No formal decision either way has been made by NSW at present. If you have queries about the current or future position in NSW please contact NSW Fair Trading. For NSW requirements see http://www.fairtrading.nsw.gov.au/default.html.