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Electricity Act 1992

General - Functions and powers of WorkSafe and Secretary

5A: Functions of Secretary

You could also call this:

“The Secretary's tasks and powers in the Electricity Act”

The Secretary has specific jobs to do under the Electricity Act 1992 and its regulations. The Secretary must do the tasks given to them by the Act and its rules. They can also do some of WorkSafe’s jobs for certain matters.

The Prime Minister can decide which of WorkSafe’s jobs the Secretary can do. They do this by putting a notice in the Gazette, which is like a special government newspaper. This notice says what matters the Secretary can work on and which parts of the Act or rules they can use to do this work.

When the Secretary does one of these special jobs, you should think of the Secretary instead of WorkSafe when you read the rules. The Secretary gets all the powers they need to do these jobs properly.

WorkSafe and the Secretary need to work together well. They should help each other to make sure all their jobs are done in the best way possible.

In this part of the Act, a ‘specified matter’ means something the Prime Minister has said the Secretary can work on. A ‘specified provision’ means the part of the Act or rules that lets the Secretary do this work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5834220.

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5: Functions of WorkSafe, or

"WorkSafe makes sure electricity is safe and people follow the rules"

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5B: WorkSafe and Secretary must share information, or

"WorkSafe and the Secretary must tell each other important things about electricity"

Part 2 General
Functions and powers of WorkSafe and Secretary

5AFunctions of Secretary

  1. The Secretary—

  2. must carry out the functions conferred on the Secretary under this Act or regulations made under this Act; and
    1. may carry out a function conferred on WorkSafe under a specified provision of this Act or regulations made under this Act in relation to a specified matter.

      1. The Prime Minister may, by notice in the Gazette, specify—

      2. 1 or more matters in relation to which the Secretary may carry out functions conferred on WorkSafe under this Act; and
        1. 1 or more provisions of this Act or regulations made under this Act that confer functions on WorkSafe and under which the Secretary may exercise functions in relation to the specified matter.

          1. If the Secretary carries out a function in relation to a specified matter, every reference to WorkSafe in the relevant specified provision must be read as if it were a reference to the Secretary.

          2. Without limiting subsection (3), the Secretary has the powers necessary to carry out the functions in a specified provision in relation to a specified matter in accordance with this Act.

          3. WorkSafe and the Secretary must work co-operatively to ensure that their functions under this Act and any regulations made under this Act are carried out in an effective and efficient manner.

          4. In this section,—

            specified matter means a matter that is specified in a Gazette notice under subsection (2)(a)

              specified provision means a provision that is specified in a Gazette notice under subsection (2)(b).

              Notes
              • Section 5A: inserted, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).