GAS AND ELECTRICITY (CONSUMER SAFETY) ACT 2017 - As at 13 January 2023 - Act 15 of 2017
- As at 13 January 2023 - Act 15 of 2017Table of Provisions
PART 1 - PRELIMINARY
- 1 Name of Act
- 2 Commencement
- 3 Object of Act
- 4 Definitions
- 5 Act not to apply to certain gas or autogas installations or gas appliances
- 5A Parts 6 and 7 of Act extend to medical gasfitting work and medical gas technician work
- 6 High risk battery articles subject to Act
- 7 Act to bind Crown
PART 2 - ELECTRICAL ARTICLES
Division 1 - Restrictions on sale of electrical articles
- 8 Electrical articles must meet certain standards before they can be sold
- 9 Acquisition guarantee may be defence to certain offences
- 10 Acquisition guarantor may be convicted of offence if acquisition guarantee defence upheld
- 11 Person must not give false acquisition guarantee
Division 2 - Declared electrical articles and specifications for electrical articles
- 12 Declared electrical articles
- 13 Class specifications for electrical articles
- 14 Compliance with class and model specifications
- 15 Publication of information concerning declared electrical articles and specifications
Division 3 - Model approvals for electrical articles
- 16 Approval of model of electrical article
- 17 Duration of model approvals
- 18 Suspension or cancellation of model approval
- 19 Administrative review of certain model approval decisions by Civil and Administrative Tribunal
Division 4 - Recognised external approval schemes
PART 3 - GAS APPLIANCES
Division 1 - Restrictions on sale of gas appliances
- 21 Restrictions on sale of gas appliances
Division 2 - Certification of gas appliances
- 22 Certification of gas appliances
- 23 Authority to certify gas appliances or types of gas appliances
- 24 Conditions of certification authority
- 25 Duration of certification authority
- 26 Suspension or cancellation of certification authority
PART 4 - UNSAFE ELECTRICAL ARTICLES AND GAS APPLIANCES
- 27 Interpretation
- 28 Prohibition of sale of unsafe electrical articles and gas appliances
- 29 Requiring action to be taken by seller of unsafe electrical articles or gas appliances
- 30 Requiring evidence of safety of electrical articles and gas appliances
- 31 Persons must comply with notices issued under this Part
- 32 Effect of Part on Fair Trading Act 1987
PART 5 - INSTALLATIONS--ELECTRICAL, GAS AND AUTOGAS
Division 1 - Electrical installation work, gasfitting work and autogas work
Division 2 - Electrical, gas and autogas installations
- 35 Responsibilities of persons concerning the safety of electrical or gas installations
- 36 Offence of interfering with electrical, gas or autogas installations
- 37 Restrictions on connection of gas appliances to certain gas installations
- 38 Regulation of installations
Division 3 - Electrical meter installations
- 38AA Definitions
- 38AB Installation of advanced meters by retailers and metering co-ordinators
- 38AC Metering safety management system requirements
PART 5A - MEDICAL GAS
Division 1 - Medical gasfitting work and medical gas technician work
- 38A Work to comply with regulations
Division 2 - Medical gas installations
- 38B Responsibilities of persons concerning the safety of medical gas installations
- 38C Offence of interfering with medical gas installations
- 38D Notice of defective medical gas installation
- 38E Regulation of installations
PART 6 - ACCIDENT REPORTING AND INVESTIGATIONS
- 39 Meanings of "serious electrical accident" and "serious gas accident"
- 40 Notification of serious electrical and gas accidents
- 41 Secretary may arrange investigation of serious electrical or gas accident
- 42 Interference with site of serious electrical or gas accident
- 43 Secretary may publish details of serious electrical or gas accident
- 44 Arrangements with other public authorities regarding certain investigable incidents
PART 7 - ENFORCEMENT
Division 1 - Offences and associated provisions relating to investigations and inspections
- 45 Offences relating to investigations and inspections
Division 2 - Investigation and inspection powers
- 46 Definitions
- 47 Restrictions on power of entry to residential premises
- 48 Inspection of documents evidencing prohibited conduct
- 49 Investigations relating to manufacture or sale of electrical articles or gas appliances
- 50 Prohibition of sale of certain electrical articles, gas appliances and autogas installations and labelling of those articles, appliances and installations
- 51 Investigation of unsafe use of electrical articles, gas appliances or autogas, electrical or gas installations
- 52 Prohibition of unsafe use of electrical articles, gas appliances or autogas, electrical or gas installations
- 53 Investigation of serious electrical or gas accidents
- 54 Inspection of electrical, autogas and gas installations
- 55 Inspection of electricity meters
- 55A Powers of entry--electricity works and meters
Division 3 - Seizure and forfeiture of electrical articles and gas appliances
- 56 Meaning of "seized article or appliance"
- 57 Return of seized electrical articles and gas appliances
- 58 Forfeiture of certain electrical articles and gas appliances
Division 4 - Search warrants
- 59 Search warrants
Division 5 - Undertakings
- 60 Application of section 218 of the Australian Consumer Law (NSW) to undertakings given for purposes of this Act
Division 6 - Authorised officers
- 61 Appointment and identification of authorised officers
- 62 Powers of authorised officers who are investigators under Fair Trading Act 1987 not limited
Division 7 - Proceedings for offences
- 63 Liability of directors etc for offences by corporation--offences attracting executive liability
- 64 Liability of directors etc for offences by corporation--accessory to the commission of the offences
- 65 Evidentiary provisions relating to electrical articles
- 66 Penalty notices
- 67 Nature of proceedings for offences
- 68 Commencement of proceedings
- 68A Continuing offences