Australian Capital Territory Consolidated Acts

GAS SAFETY ACT 2000 - SECT 29

    (1)     This section applies if the planning and land authority is satisfied that—

        (a)     a trader has for sale, or may have sold, an appliance; and

        (b)     the appliance is prohibited, does not comply with the gas safety legislation or is, for any reason, unsafe.

    (2)     The planning and land authority may give the trader a written direction to do any of the following:

        (a)     advertise, in a way stated in the direction, warnings approved by the authority about the risks associated with the use of the appliance;

        (b)     refrain from selling the appliance;

        (c)     recall an appliance sold and—

              (i)     take action stated in the direction to make the appliance safe to use and compliant with the gas safety legislation; or

              (ii)     if it is not practicable to act in compliance with subparagraph (i) or the trader chooses not to take such action—refund to the purchaser the purchase price of the appliance.

Note     For how documents may be given, see Legislation Act, pt 19.5.

    (3)     A direction to recall an appliance may require the trader—

        (a)     to give written notice of the recall to people to whom the trader sold, or may have sold, an appliance to which the direction relates; or

        (b)     to publish a notice of the recall in a daily newspaper.

    (4)     A trader must not, without reasonable excuse, contravene a direction given to the trader under this section.

Maximum penalty: 200 penalty units.