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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gas Industry Acts (Amendment) Act 2000
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
PART 2--AMENDMENT OF GAS INDUSTRY ACT 1994 3
3. Definition 3
4. Non-franchise customer 3
5. Functions and powers of VENCorp 3
6. Tariff Order 4
7. New section 48AA inserted 4
48AA. Regulation of tariffs for prescribed customers 4
8. Licence exemptions 6
9. Conditions on licences 6
10. New sections 48GB and 48GC inserted 8
48GB. Conditions relating to retail gas market 8
48GC. Condition restricting sale to certain customers 8
11. Section 48M repealed 9
12. New Division 2A inserted in Part 4A 9
Division 2A--Terms and Conditions of Sale and Supply of
Gas 9
48MA. Offer to domestic or small business customers 9
48MB. Terms and conditions of contracts for sale of gas to
certain customers 11
48MC. Deemed contracts with former franchise customers 13
48MD. Variation of contracts with former franchise customers 14
48ME. Deemed contracts for supply and sale for certain
domestic or small business customers 14
48MF. Deemed contracts for supply and sale for certain relevant
customers 15
13. New Division 3A inserted in Part 4A 16
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Clause Page
Division 3A--Community Services Agreements 16
48TAA. Community services 16
48TAB. Transitional provision relating to community services 17
48TAC. ORG may determine certain matters 18
14. New section 48TC inserted 19
48TC. Costs of VENCorp 19
15. Section 56 repealed 20
PART 3--AMENDMENT OF GAS SAFETY ACT 1997 21
16. Definitions 21
17. Objectives of the Office 21
18. Functions 21
19. Corporate plan 22
20. Statement of corporate intent: contents 23
21. Office to act in accordance with corporate plan 23
22. New section 69A inserted 23
69A. Declaration of non-acceptance of appliance 23
23. Offence to install or commission certain types of Type A
appliances 24
24. Offence to supply or sell unaccepted appliances 24
25. New sections 71A to 71C inserted 25
71A. Offence to sell unsafe appliances 25
71B. False labelling in relation to Type A appliances 26
71C. Unsafe modifications to Type A appliances 27
26. New section 76 substituted 27
76. Prohibition of supply or sale of gas installations,
appliances and components 28
27. Offence to disobey prohibition 29
28. New section 78 substituted 29
78. Recall of gas installations, appliances or components 30
29. Section 79A repealed and New Division 6 of Part 3 inserted 32
Division 6--Further offences relating to gas safety 32
79A. Supply or sale of certain types of liquefied petroleum
gas 32
79B. Interference with gas company pipelines 33
79C. Interference with transmission pipelines 33
79D. Interference with gas pipeline installation or meter
assembly 34
30. New Part 3A inserted 34
PART 3A--ENERGY EFFICIENCY 34
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Clause Page
79E. Proclaimed gas equipment 35
79F. Proclaimed gas equipment not to be supplied unless
registered and labelled 35
31. Right of appeal 35
32. Inspectors 35
33. Powers of entry 36
34. New section 117AA inserted 37
117AA. Period within which proceedings for offences may be
brought 38
35. New Part 6A inserted 38
PART 6A--INFRINGEMENT NOTICES 38
117AB. Definition 38
117AC. Power to serve a notice 38
117AD. Form of notice 38
117AE. Infringement penalties 39
117AF. Late payment of penalty 40
117AG. Withdrawal of notice 40
117AH. Payment expiates offence 41
117AI. Payment not to have certain consequences 41
117AJ. Prosecution after service of infringement notice 41
117AK. Enforcement of infringement penalty 42
36. Regulations relating to energy efficiency for proclaimed gas
equipment 42
37. Repeal of spent provisions 44
PART 4--AMENDMENT OF OTHER ACTS 45
38. Amendment of Building Act 1993 45
39. Amendment of Dangerous Goods Act 1985 45
40. Amendment of Office of the Regulator-General Act 1994 45
ENDNOTES 46
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PARLIAMENT OF VICTORIA
Initiated in Assembly 1 November 2000
A BILL
to amend the Gas Industry Act 1994 to further regulate the gas
industry, to amend the Gas Safety Act 1997 and other Acts and for
other purposes.
Gas Industry Acts (Amendment) Act
2000
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to amend the Gas Industry Act 1994 to
5 further regulate the gas industry; and
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Gas Industry Acts (Amendment) Act 2000
s. 2
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(b) to amend the Gas Safety Act 1997 to
improve the operation of that Act.
2. Commencement
(1) This Part comes into operation on the day on
5 which this Act receives the Royal Assent.
(2) Section 4 is deemed to have come into operation
on 1 September 2000.
(3) The remaining provisions of this Act come into
operation on a day or days to be proclaimed.
10 (4) If a provision referred to in sub-section (3) does
not come into operation before 31 December
2001, it comes into operation on that day.
_______________
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Gas Industry Acts (Amendment) Act 2000
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PART 2--AMENDMENT OF GAS INDUSTRY ACT 1994
See: 3. Definition
112/1994
Reprint No. 3
In section 3 of the Gas Industry Act 1994
as at
insert--
11 May 1999
and
5 ' "franchise customer" means a customer other
amending
Act Nos
than a non-franchise customer;'.
31/1995,
91/1997,
31/1998,
40/1998,
91/1998,
96/1998,
36/1999
39/1999 and
58/1999.
LawToday:
www.dms.
dpc.vic.
gov.au
4. Non-franchise customer
(1) In section 6B(1)(d) of the Gas Industry Act 1994
for "5000 GJ" (where twice occurring) substitute
10 "10 000 GJ (or such lesser amount as is specified
by Order under sub-section (4A))".
(2) In section 6B of the Gas Industry Act 1994 after
sub-section (4) insert--
"(4A) The Governor in Council may, by Order
15 published in the Government Gazette,
specify an amount of gas that is less than 10
000 GJ and equal to or more than 5000 GJ
for the purposes of sub-section (1)(d)(i) and
(ii).".
20 5. Functions and powers of VENCorp
In section 16C(1) of the Gas Industry Act 1994
after paragraph (i) insert--
"(ia) to facilitate the implementation and
operation of, and to provide services in
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connection with, arrangements for
competition in the retail gas market in
Victoria;".
6. Tariff Order
5 (1) In section 48A(1) of the Gas Industry Act 1994
paragraph (a) is repealed.
(2) After section 48A(9) of the Gas Industry Act
1994 insert--
"(10) Despite sub-section (8), an Order made
10 under sub-section (1) may be amended from
time to time by Order made under that sub-
section so as to extend the application of the
Order to additional gas retailers and
additional gas distribution companies.".
15 7. New section 48AA inserted
After section 48A of the Gas Industry Act 1994
insert--
'48AA. Regulation of tariffs for prescribed
customers
20 (1) The Governor in Council may, by Order
published in the Government Gazette,
regulate, in such manner and in relation to
such period as the Governor in Council
thinks fit, tariffs for the sale of gas to
25 prescribed customers or a class of prescribed
customers.
(2) Without limiting the generality of sub-
section (1), the manner may include--
(a) fixing the tariff or the rate of increase
30 or decrease in the tariff;
(b) fixing a maximum tariff or maximum
rate of increase or minimum rate of
decrease in the maximum tariff;
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(c) fixing an average tariff or an average
rate of increase or decrease in the
average tariff;
(d) specifying policies and principles for
5 fixing tariffs;
(e) specifying a tariff determined by
reference to a general price index, the
cost of production, a rate of return on
assets employed or any other specified
10 factor;
(f) specifying a tariff determined by
reference to any one or more of the
following--
(i) a prescribed customer or class of
15 prescribed customers;
(ii) a person or a class of persons
authorised to sell gas;
(iii) the purpose for which the gas is
used;
20 (iv) the quantity of gas used;
(v) the period of use;
(vi) the place of supply;
(vii) any other specified factor relevant
to the sale of gas.
25 (3) An Order under sub-section (1) may direct
ORG to make a determination under the
Office of the Regulator-General Act 1994
in respect of such factors and matters or in
accordance with such procedures, matters or
30 bases as are specified in the Order, or both.
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(4) An Order under sub-section (1) has effect as
from the date specified in the Order as if the
tariffs to which the Order applies were prices
determined by ORG.
5 (5) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or class of persons
specified in the Order is, for the purposes of
this section, a prescribed customer or class of
10 prescribed customers.
(6) In this section--
"prescribed customer" means a person, or
a member of a class of persons, to
whom an Order under sub-section (5)
15 applies.
(7) This section, and any Order made under this
section and in force immediately before that
date, expire on 31 August 2004.'.
8. Licence exemptions
20 After section 48C(3) of the Gas Industry Act
1994 insert--
"(4) An Order under sub-section (1) may confer
powers and functions on, and leave any
matter to be determined by, ORG.".
25 9. Conditions on licences
(1) In section 48F(4) of the Gas Industry Act 1994
for paragraph (c) substitute--
"(c) requiring the licensee to observe specified
Orders in Council and specified industry
30 codes, standards, rules and guidelines with
such modifications and exemptions as may
be determined by ORG;
(ca) requiring a gas retailer to inform customers
from time to time of the arrangements in
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place or proposed to be in place to allow
them to elect to become a customer of
another gas retailer;
(cb) requiring a gas retailer to give notice to
5 customers of the existence of deemed
contracts under sections 48ME and 48MF
and the methods by which those contracts
may be terminated and requiring the gas
retailer to provide for cooling-off periods
10 approved by ORG for the termination of
those contracts;".
(2) In section 48F(4) of the Gas Industry Act 1994
paragraph (k) is repealed.
(3) After section 48F(4)(m) of the Gas Industry Act
15 1994 insert--
"(ma) subject to section 48TAA, requiring a gas
retailer to enter into an agreement with the
State for the provision of community
services;".
20 (4) In section 48F of the Gas Industry Act 1994 for
sub-sections (6) and (7) substitute--
"(6) If a licence is subject to a condition of a kind
referred to in sub-section (4)(c), ORG--
(a) may, in accordance with procedures
25 specified by ORG, amend the specified
industry codes, standards, rules or
guidelines, or a document referred to in
any of them, for the purposes of their
application under the licence;
30 (b) may resolve, or seek to resolve,
disputes between the licensee and any
other person relating to the specified
industry codes, standards, rules or
guidelines, or a document referred to in
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any of them, as they apply under the
licence.
(7) If ORG amends an industry code, standard,
rule or guideline or a document under sub-
5 section (6), ORG may at the same time, in
accordance with procedures specified by
ORG, amend that code, standard, rule,
guideline or document for the purposes of
their application otherwise than under the
10 licence.".
10. New sections 48GB and 48GC inserted
After section 48GA of the Gas Industry Act
1994 insert--
"48GB. Conditions relating to retail gas market
15 A licence is deemed to include the following
conditions--
(a) requiring the licensee to observe
guidelines issued by, or other
requirements of, ORG in connection
20 with the transition of customers to
competition in the retail gas market;
(b) requiring the licensee to participate in a
scheme or schemes required and
approved by ORG or approved by ORG
25 for the development and
implementation of rules concerning the
operation of the retail gas market.
48GC. Condition restricting sale to certain
customers
30 (1) A licence to sell gas by retail is deemed to
include a condition prohibiting the licensee
from selling gas by retail to persons or
classes of persons specified by Order under
this section for the period or periods
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specified in the Order in respect of those
persons.
(2) The Governor in Council may by Order
published in the Government Gazette specify
5 persons or classes of persons and periods for
the purposes of this section.
(3) An Order under sub-section (2) may specify
a class of persons by reference to all or any
of the following--
10 (a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;
(e) the place of supply;
15 (f) any other specified factor relevant to
the sale of gas.
(4) This section expires on 31 August 2004.".
11. Section 48M repealed
Section 48M of the Gas Industry Act 1994 is
20 repealed.
12. New Division 2A inserted in Part 4A
After Division 2 of Part 4A of the Gas Industry
Act 1994 insert--
'Division 2A--Terms and Conditions of Sale
25 and Supply of Gas
48MA. Offer to domestic or small business
customers
(1) Without limiting the generality of section
48F, the conditions to which a licence to sell
30 gas by retail, (being a licence under which
gas may be sold to domestic or small
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business customers), is subject, include a
condition requiring the licensee to offer to
supply and sell gas to domestic or small
business customers, subject to this section
5 and to any Order in force under section
48AA and to the conditions of its licence--
(a) at tariffs determined by the licensee and
published by the licensee in the
Government Gazette at least 2 months
10 before they take effect; and
(b) on terms and conditions determined by
the licensee and approved by ORG and
published by the licensee in the
Government Gazette at least 2 months
15 before they take effect.
(2) The terms and conditions determined by the
licensee for the purposes of sub-section (1)
must not be inconsistent with the terms and
conditions determined by ORG under section
20 48MB(1).
(3) The tariffs determined by a licensee and
published in the Government Gazette under
sub-section (1) may be varied by notice
published by the licensee in the Government
25 Gazette not less than 2 months before the
variation is to take effect.
(4) The terms and conditions determined by a
licensee and published in the Government
Gazette under sub-section (1) may, with the
30 approval of ORG, be varied by notice
published by the licensee in the Government
Gazette not less than 2 months before the
variation is to take effect.
(5) The Governor in Council may, by Order
35 published in the Government Gazette,
declare that a person or class of persons
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specified in the Order is, for the purposes of
this section, a domestic or small business
customer or class of domestic or small
business customers.
5 (6) An Order under sub-section (5) may specify
a class of persons by reference to all or any
of the following--
(a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
10 (c) the quantity of gas used;
(d) the period of use;
(e) the place of supply;
(f) any other specified factor relevant to
the sale of gas.
15 (7) An Order under sub-section (5) may confer
powers and functions on, and leave any
matter to be determined by, ORG.
(8) In this section--
"domestic or small business customer"
20 means a person, or a member of a class
of persons, to whom an Order under
sub-section (5) applies.
(9) This section expires on 31 August 2004.
48MB. Terms and conditions of contracts for sale
25 of gas to certain customers
(1) A term or condition in a contract for the
supply or sale of gas by a licensee to a
relevant customer (whether entered into
before, on or after 1 September 2001) is void
30 to the extent that it is inconsistent with--
(a) terms and conditions determined by
ORG that--
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(i) specify the circumstances in
which the supply of gas to
premises may be disconnected;
and
5 (ii) require the licensee to provide
information specified by ORG
about the rights and entitlements
of customers; and
(iii) specify the circumstances in
10 which the licensee requires access
to premises of customers for the
purpose of reading meters or
otherwise; and
(iv) make provision for confidentiality
15 of customer information; and
(b) any other terms and conditions
determined by ORG and provided for in
the licence of the licensee.
(2) If a term or condition of a contract is void
20 pursuant to sub-section (1) because of an
inconsistency with a term or condition
referred to in sub-section (1)(a) or (b), that
term or condition referred to in sub-section
(1)(a) or (b) is deemed to form part of that
25 contract in place of the void term or
condition.
(3) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or class of persons
30 specified in the Order is, for the purposes of
this section, a relevant customer or class of
relevant customers.
(4) An Order under sub-section (3) may specify
a class of persons by reference to all or any
35 of the following--
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(a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;
5 (e) the place of supply;
(f) any other specified factor relevant to
the sale of gas.
(5) An Order under sub-section (3) may confer
powers and functions on, and leave any
10 matter to be determined by, ORG.
(6) In this section--
"relevant customer" means a person, or a
member of a class of persons, to whom
an Order under sub-section (3) applies.
15 (7) This section expires on 31 August 2004.
48MC. Deemed contracts with former franchise
customers
(1) If a person--
(a) was a franchise customer immediately
20 before 1 September 2001; and
(b) has not entered into a new contract with
a licensee which takes effect on or after
that date--
there is deemed to be a contract between that
25 person and the licensee of which the person
was a customer immediately before that date
for the sale of gas at the tariff determined by
the licensee in accordance with any Order in
force under section 48AA or, if there is no
30 such Order, at tariffs determined by the
licensee and published by the licensee in the
Government Gazette at least 2 months before
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they take effect and otherwise on the terms
and conditions applying to that licensee
under section 48MA.
(2) The deemed contract continues until--
5 (a) the contract is terminated; or
(b) if the customer enters into a new
contract for the purchase of gas from
the licensee in respect of the same
premises, the date of taking effect of
10 that new contract--
whichever first occurs.
(3) This section expires on 31 August 2004.
48MD. Variation of contracts with former
franchise customers
15 A licensee may, subject to any Order in force
under section 48AA, vary any tariffs
determined by the licensee under section
48MC and the terms and conditions of its
contracts under section 48MC by notice
20 published--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally in
Victoria--
not less than 2 months before the variations
25 take effect but not so that the terms and
conditions, as varied, are inconsistent with
the terms and conditions determined by ORG
under section 48MB(1).
48ME. Deemed contracts for supply and sale for
30 certain domestic or small business
customers
(1) If--
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(a) a person commences to take a supply of
gas at premises from a licensee without
notice being first given to the licensee
last responsible for the supply and sale
5 of gas to those premises; and
(b) that person is a domestic or small
business customer within the meaning
of section 48MA--
there is deemed on the commencement of
10 that supply to be a contract between the
licensee and that person for the supply and
sale of gas at the tariffs and on the terms and
conditions offered by the licensee in
accordance with section 48MA for the
15 supply and sale of gas by the licensee to
domestic or small business customers at
those premises.
(2) The deemed contract continues until--
(a) the contract is terminated; or
20 (b) if the domestic or small business
customer enters into a new contract for
the purchase of gas from the licensee in
respect of the same premises, the date
of taking effect of that new contract--
25 whichever first occurs.
48MF. Deemed contracts for supply and sale for
certain relevant customers
(1) If--
(a) a person commences to take a supply of
30 gas at premises from a licensee without
notice being first given to the licensee
last responsible for the supply and sale
of gas to those premises; and
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(b) that person is a relevant customer
within the meaning of section 48MB--
there is deemed on the commencement of
that supply to be a contract between the
5 licensee and that person for the supply and
sale of gas at the tariffs and on the terms and
conditions offered by the licensee in
accordance with section 48MA for the
supply and sale of gas by the licensee at
10 those premises.
(2) The deemed contract continues until--
(a) the contract is terminated; or
(b) if the relevant customer enters into a
new contract for the purchase of gas
15 from the licensee in respect of the same
premises, the date of taking effect of
that new contract--
whichever first occurs.'.
13. New Division 3A inserted in Part 4A
20 After Division 3 of Part 4A of the Gas Industry
Act 1994 insert--
"Division 3A--Community Services
Agreements
48TAA. Community services
25 (1) An agreement by a gas retailer with the State
for the provision of community services is an
agreement for a term of not less than 5 years
for the provision by the gas retailer of gas to
a class of domestic customers specified by
30 the Secretary to the Department of Human
Services--
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(a) at such concessional rates and in such
manner and at such times as are
determined by the Secretary; and
(b) on such other terms and conditions as
5 are agreed between the retailer and the
State or, in default of agreement, as are
determined by the Secretary.
(2) In determining terms and conditions under
sub-section (1)(b), the Secretary must have
10 regard to the risks and costs associated with
the obligations imposed on the gas retailer
under the agreement.
48TAB. Transitional provision relating to
community services
15 (1) An agreement to which this section applies
that, but for this section, would cease to have
effect on 31 August 2001 continues in force
until the expiration of the prescribed period
or terminated upon the making of a new
20 agreement by the gas retailer with the State
for the provision of community services by
way of the provision of gas to certain
customers, whichever first occurs.
(2) The prescribed period is the period ending
25 on 31 December 2001 or such other date, not
later than 31 March 2002, as is agreed
between the gas retailer and the Secretary to
the Department of Human Services.
(3) If a new agreement is not made between the
30 gas retailer and the State before the
expiration of the prescribed period, an
agreement is deemed to have been entered
into on terms and conditions determined by
the Secretary in accordance with section
35 48TAA.
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(4) This section applies to an agreement in force
before 1 September 2001 under which a gas
retailer agrees with the State to provide
certain community services by way of the
5 provision of gas to customers.
48TAC. ORG may determine certain matters
(1) ORG, at the request of the Secretary to the
Department of Human Services or a gas
retailer, may--
10 (a) determine matters referred by the
Secretary or gas retailer for
determination for the purposes of
making an agreement referred to in
section 48TAA or 48TAB; or
15 (b) if an agreement referred to in section
48TAA or 48TAB has been entered
into or deemed to be entered into on
terms and conditions determined by the
Secretary under section 48TAA,
20 determine matters relating to those
terms and conditions (including the
variation of any of those terms and
conditions) referred by the Secretary or
gas retailer for determination.
25 (2) A request relating to a term or condition
determined by the Secretary under section
48TAA must be made within one month
after notice of the determination is given.
(3) A determination by ORG on matters referred
30 under sub-section (1) is binding on the
parties to the agreement.
(4) If a determination of ORG on matters
referred under sub-section (1) varies a term
or condition of an agreement, that agreement
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is deemed to be so varied on that
determination being made.
(5) The matters which may be referred to ORG
under this section do not include--
5 (a) any matters relating to the class of
domestic customers specified by the
Secretary under section 48TAA; or
(b) any matters determined by the
Secretary under section 48TAA.".
10 14. New section 48TC inserted
After section 48TB of the Gas Industry Act 1994
insert--
"48TC. Costs of VENCorp
(1) A gas retailer must pay to VENCorp at such
15 time or times as VENCorp determines, such
amount or amounts (if any) as VENCorp
determines to be payable by that gas retailer
in respect of the costs incurred by VENCorp
in relation to the implementation and
20 operation of, and the provision of services in
connection with, arrangements for
competition in the retail gas market in
Victoria.
(2) A determination may be made under sub-
25 section (1) in respect of costs incurred by
VENCorp before, on or after the date of the
determination.
(3) VENCorp must not make a determination
under sub-section (1) unless it has first been
30 approved by ORG.".
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s. 15
Act No.
15. Section 56 repealed
Section 56 of the Gas Industry Act 1994 is
repealed.
_______________
5
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s. 16
Act No.
PART 3--AMENDMENT OF GAS SAFETY ACT 1997
See: 16. Definitions
Act No.
99/1997.
In section 3 of the Gas Safety Act 1997, at the
Reprint No. 1
end of the section insert--
as at
31 December
5 '(2) In the definition of "gas installation", a
1999.
LawToday:
reference to gas includes, in relation to
www.dms.
liquefied petroleum gas, that gas in its liquid
dpc.vic.
gov.au
phase.'.
17. Objectives of the Office
10 In section 10 of the Gas Safety Act 1997, after
paragraph (c) insert--
"; and
(d) to promote awareness of energy efficiency
through energy efficiency labelling of gas
15 installations, appliances and components and
energy efficiency regulation of gas
installations, appliances and components.".
18. Functions
In section 11 of the Gas Safety Act 1997, after
20 paragraph (c) insert--
"(ca) to monitor compliance of gas companies
with accepted safety cases;
(cb) to audit accepted safety cases to determine
the adequacy and effectiveness of those
25 safety cases;
(cc) to administer the prescribed minimum
standards for energy efficiency of gas
installations, appliances and components;
(cd) to inspect and test gas installations,
30 appliances and components for compliance
with the specified minimum standards for
energy efficiency;".
21
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s. 19
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19. Corporate plan
(1) In section 22(2) of the Gas Safety Act 1997 omit
"and the Treasurer".
(2) In section 22(3) of the Gas Safety Act 1997--
5 (a) omit "and the Treasurer";
(b) in paragraph (b), omit "the Treasurer or";
(c) in paragraph (c), for "Treasurer" substitute
"Minister".
(3) In section 22 of the Gas Safety Act 1997, for sub-
10 section (4) substitute--
"(4) The Office must consider any comments on
the proposed plan that are made to it by the
Minister within 2 months after the plan was
submitted to the Minister.".
15 (4) In section 22(5) of the Gas Safety Act 1997--
(a) in paragraphs (a) and (c), omit "the
Treasurer and";
(b) in paragraph (b), omit "the Treasurer,".
(5) In section 22(6) of the Gas Safety Act 1997 omit
20 ", the Treasurer".
(6) In section 22(7) and (10) of the Gas Safety Act
1997 omit "the Treasurer and".
(7) In section 22 of the Gas Safety Act 1997, for sub-
section (8) substitute--
25 "(8) If the Office, by written notice to the
Minister, proposes a modification of the
plan, the Office may, within 14 days, make
the modification unless the Minister, by
written notice to the Office, directs the
30 Office not to make it.".
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s. 20
Act No.
(8) In section 22(9) of the Gas Safety Act 1997, for
"The Treasurer or the Minister" substitute "The
Minister".
20. Statement of corporate intent: contents
5 In section 23 of the Gas Safety Act 1997--
(a) in paragraph (e), omit "the Treasurer and";
(b) in paragraph (f), omit "the Treasurer,".
21. Office to act in accordance with corporate plan
In section 24 of the Gas Safety Act 1997 omit
10 "and the Treasurer".
22. New section 69A inserted
After section 69 of the Gas Safety Act 1997
insert--
"69A. Declaration of non-acceptance of appliance
15 (1) The Office may, by notice published in the
Government Gazette, declare that an
appliance or class of appliances is no longer
accepted for the purposes of this Act.
(2) If a notice under this section relates to a class
20 of appliances, the Office must also publish
that notice in a newspaper circulating
generally in the State.
(3) If a notice under this section relates to a
particular appliance, the Office must also
25 notify, in writing, the owner of the appliance
or the occupier of the premises in which that
appliance is installed of that notice.
(4) The Office may make a declaration under
this section only if it appears to the Office
30 that the appliance or class of appliances is, or
is likely to be, unsafe to use.
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s. 23
24
Act No.
(5) On publication of the notice in the
Government Gazette, the appliance or class
of appliances is, while the notice is in force,
deemed as the case requires--
5 (a) not to be accepted under an acceptance
scheme authorised under this Division;
or
(b) not to be accepted by the Office under
this Division.".
10 23. Offence to install or commission certain types of
Type A appliances
In section 70 of the Gas Safety Act 1997, at the
end of the section insert--
"(2) Sub-section (1) does not apply to a person
15 who installs a Type A appliance of a
prescribed class after an application is made
for acceptance of the appliance--
(a) under an acceptance scheme authorised
under this Division; or
20 (b) by the Office under this Division.
(3) A person must not commission for use a
Type A appliance that is installed in
accordance with sub-section (2) unless the
appliance has been accepted--
25 (a) under an acceptance scheme authorised
under this Division; or
(b) by the Office under this Division.
Penalty: In the case of a natural person,
40 penalty units;
30 In the case of a body corporate,
200 penalty units.".
24. Offence to supply or sell unaccepted appliances
24
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Gas Industry Acts (Amendment) Act 2000
Act No.
In section 71 of the Gas Safety Act 1997, at the
end of the section insert--
"(2) Sub-section (1) does not apply to a person
who supplies or offers to supply or sells or
5 offers to sell a Type A appliance of a class
prescribed for the purposes of section 70(2)
if an application for acceptance--
(a) under an acceptance scheme authorised
under this Division; or
10 (b) by the Office under this Division--
has been made for that appliance before that
appliance is supplied or sold or offered for
supply or sale.
(3) If sub-section (2) applies to an appliance, a
15 person must not supply or offer to supply or
sell or offer to sell that appliance unless the
person first informs the person to whom the
supply or sale or offer is to be made of the
requirements of sections 70 and 72.
20 Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.".
25. New sections 71A to 71C inserted
25 After section 71 of the Gas Safety Act 1997
insert--
'71A. Offence to sell unsafe appliances
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s. 25
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(1) A person must not knowingly, recklessly or
negligently supply or offer to supply or sell
or offer to sell an appliance that is unsafe.
Penalty: In the case of a natural person,
5 40 penalty units;
In the case of a body corporate,
200 penalty units.
(2) Sub-section (1) does not apply to a person
who--
10 (a) supplies or offers to supply or sells or
offers to sell the appliance to an
appliance refurbisher and repairer; and
(b) the person informs the appliance
refurbisher and repairer, before the
15 appliance is supplied or sold or offered
for supply or sale, that the appliance is
unsafe.
(3) In this section--
"appliance refurbisher and repairer"
20 means a person who carries on the
business of repairing, rebuilding or
refurbishing appliances.
71B. False labelling in relation to Type A
appliances
25 A person must not, in connection with the
supply or possible supply or sale of a Type A
appliance, affix a label or compliance plate
to the appliance that falsely represents that
the appliance has been, and continues to
30 be--
(a) accepted under an acceptance scheme
authorised under this Division; or
(b) accepted by the Office under this
Division.
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s. 25
26
Act No.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
5 71C. Unsafe modifications to Type A appliances
(1) A person must not knowingly, recklessly or
negligently make a modification to a Type A
appliance that would make the appliance
unsafe to use if the appliance were used for
10 its intended purpose.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
15 (2) This section does not apply to a temporary
modification made by a person in the course
of--
(a) a process of manufacture or assembly
of an appliance; or
20 (b) carrying out repair or maintenance
work on an appliance; or
(c) rebuilding or refurbishing an
appliance--
provided the appliance is safe to use for its
25 intended purpose at the end of the process of
manufacture or assembly, the carrying out of
the repair or maintenance work or the
rebuilding or refurbishment of the appliance
(as the case requires).'.
30 26. New section 76 substituted
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Gas Industry Acts (Amendment) Act 2000
Act No.
For section 76 of the Gas Safety Act 1997
substitute--
"76. Prohibition of supply or sale of gas
installations, appliances and components
5 (1) The Office, by notice published in the
Government Gazette and in a newspaper
circulating generally in the State, may
prohibit the supply or sale of--
(a) a gas installation or gas installations of
10 a specified class; or
(b) an appliance or appliances of a
specified class; or
(c) a component or components of a
specified class.
15 (2) A prohibition under sub-section (1) operates
from the date of publication of the notice in
the Government Gazette or from such later
date as is specified in that notice.
(3) The Office, by notice in writing given to a
20 person, may prohibit that person from
supplying or selling--
(a) a gas installation or gas installations of
a specified class; or
(b) an appliance or appliances of a
25 specified class; or
(c) a component or components of a
specified class.
(4) A notice given under sub-section (3)
operates from the date of the notice or such
30 later date as is specified in that notice.
(5) The Office may exercise a power of
prohibition under this section only if it
appears to the Office that--
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Gas Industry Acts (Amendment) Act 2000
s. 27
28
Act No.
(a) the gas installation, appliance or
component, or a gas installation,
appliance or component of that class is,
or is likely to become, by reason of its
5 design or construction, unsafe to use;
and
(b) prohibition of the supply or sale of the
gas installation, appliance or
component, or of all gas installations,
10 appliances or components of that class,
is warranted because of the risk of
death or injury to any person or damage
to any property arising out of the use of
that gas installation, appliance or
15 component or gas installations,
appliances or components of that class.
(6) The Office may withdraw a prohibition made
under sub-section (1) by notice published in
the Government Gazette and in a newspaper
20 circulating generally in the State.
(7) The Office may withdraw a prohibition made
under sub-section (3) by notice given to the
person to whom the prohibition was given.
(8) This section applies whether or not the gas
25 installation, appliance or component, or class
of gas installations, appliances or
components was accepted by the Office or
accepted under an acceptance scheme
authorised under this Division.".
30 27. Offence to disobey prohibition
In section 77(2) of the Gas Safety Act 1997, for
"76(2)" substitute "76(3)".
28. New section 78 substituted
For section 78 of the Gas Safety Act 1997
35 substitute--
29
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Gas Industry Acts (Amendment) Act 2000
Act No.
"78. Recall of gas installations, appliances or
components
(1) The Office may make a requirement under
this section only if it appears to the Office
5 that--
(a) a gas installation, appliance or
component is, or is likely to become, by
reason of its design or construction,
unsafe to use; or
10 (b) specific action is necessary--
(i) to make the gas installation,
appliance or component, or gas
installations, appliances or
components of that class safe to
15 use; or
(ii) to render safe the use of the gas
installation, appliance or
component, or gas installations,
appliances or components of that
20 class.
(2) The Office, by notice in writing served on a
person whose business is or includes the
supply or sale of gas installations, appliances
or components and who has supplied or sold
25 the gas installation, appliance or component,
or other gas installations, appliances or
components of the same class, may require
the person to take, within the period
specified in the notice, the action specified in
30 the notice.
(3) The action specified in the notice may
consist of or include--
(a) sending a written request to the person
to whom the gas installation, appliance
35 or component, or a gas installation,
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541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000
s. 28
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appliance or component of the same
class, was supplied or sold--
(i) to return the gas installation,
appliance or component to the
5 place at which it was supplied or
sold; or
(ii) if it is not practicable to return the
gas installation, appliance or
component, to contact the person
10 who supplied or sold the gas
installation, appliance or
component;
(b) placing an advertisement in a form
approved by the Office in a newspaper
15 or newspapers specified by the Office
for a period or periods specified by the
Office, requesting all persons to whom
a gas installation, appliance or
component of that class was supplied or
20 sold--
(i) to return the gas installation
appliance or component to the
place at which it was supplied or
sold; or
25 (ii) if it is not practicable to return the
gas installation, appliance or
component, to contact the person
who supplied or sold the gas
installation, appliance or
30 component;
(c) making the gas installation, appliance
or component, or gas installations,
appliances or components of that class
safe to use or rendering safe the use of
35 that gas installation, appliance or
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s. 29
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component in the manner specified in
the notice.
(4) The Office may alter or revoke a requirement
under this section by notice given to the
5 person of whom the requirement was made.
(5) This section applies whether or not the gas
installation, appliance or component or class
of gas installations, appliances or
components was accepted by the Office or
10 accepted under an acceptance scheme
authorised under this Division.".
29. Section 79A repealed and New Division 6 of Part 3
inserted
For section 79A of the Gas Safety Act 1997
15 substitute--
"Division 6--Further offences relating to gas
safety
79A. Supply or sale of certain types of liquefied
petroleum gas
20 (1) A person, other than a gas company, must
not knowingly supply or offer to supply or
sell or offer to sell any type of liquefied
petroleum gas for use in an appliance
unless--
25 (a) that gas meets the prescribed standards
of quality; and
(b) the appliance is designed to be operated
on that type of gas; and
(c) the person complies with the prescribed
30 requirements in relation to the supply
or sale of that gas.
Penalty: In the case of a natural person,
40 penalty units;
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In the case of a body corporate,
200 penalty units.
(2) This section does not apply to a prescribed
appliance or class of appliances.
5 79B. Interference with gas company pipelines
A person must not carry out any excavation
or boring or open any ground so as to
uncover or expose any pipeline owned or
operated by a gas company unless--
10 (a) the person has the authority of that gas
company to do so; or
(b) if notice of the person's intention to do
so is required to be given to that gas
company under the regulations, the
15 person gives that notice.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
100 penalty units.
20 79C. Interference with transmission pipelines
(1) A person must not carry out any excavation
or boring or open any ground within 3
metres of a transmission pipeline unless--
(a) the person has the authority of the gas
25 company which owns or operates the
transmission pipeline to do so; or
(b) if notice of the person's intention to do
so is required to be given to that gas
company under the regulations, the
30 person gives that notice.
Penalty: In the case of a natural person,
20 penalty units;
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30
Act No.
In the case of a body corporate,
100 penalty units.
(2) This section does not apply to--
(a) an owner or occupier of any land on or
5 under which the transmission pipeline
is situated or passes if the owner or
occupier excavates or bores or opens
ground to a depth of not more than
300 millimetres in that land; or
10 (b) a person who, on behalf of an owner or
occupier of any land on or under which
the transmission pipeline is situated or
passes, excavates or bores or opens
ground to a depth of not more than
15 300 millimetres in that land.
79D. Interference with pipeline, gas installation
or meter assembly
(1) A person must not knowingly, recklessly or
negligently break, injure, open or tamper
20 with any pipeline, gas installation or meter
assembly.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
25 200 penalty units.
(2) This section does not apply to any person
lawfully carrying out gas work in respect of
the pipeline, gas installation or meter
assembly.".
30 30. New Part 3A inserted
Before Part 4 of the Gas Safety Act 1997
insert--
"PART 3A--ENERGY EFFICIENCY
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79E. Proclaimed gas equipment
The Governor in Council, by Order
published in the Government Gazette, may
declare that any class, description or type of
5 gas installation, appliance or component is,
from a date specified in the Order,
proclaimed gas equipment for the purposes
of this Part.
79F. Proclaimed gas equipment not to be
10 supplied unless registered and labelled
A person must not, after the date specified in
the Order, supply or offer to supply
proclaimed gas equipment unless the
equipment is registered and labelled in
15 accordance with the regulations relating to
energy efficiency.
Penalty: 50 penalty units.".
31. Right of appeal
In section 81 of the Gas Safety Act 1997--
20 (a) after sub-section (2)(c) insert--
"(ca) a declaration under section 69A that an
appliance or class of appliances is no
longer accepted;";
(b) in sub-section (5), after "refusal" insert
25 ", declaration".
32. Inspectors
In section 86 of the Gas Safety Act 1997, for sub-
section (4) substitute--
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"(4) An inspector must produce his or her identity
card for inspection--
(a) before performing a function under this
Act or the Gas Industry Act 1994; and
5 (b) at any time during the performance of a
function under this Act or the Gas
Industry Act 1994, if asked to do so.
Penalty: 10 penalty units.".
33. Powers of entry
10 (1) In section 87(1) of the Gas Safety Act 1997, after
paragraph (b) insert--
"; or
(c) monitoring the safety of gas installations; or
(d) determining compliance with this Act or the
15 regulations.".
(2) After section 87(1) of the Gas Safety Act 1997
insert--
"(1A) An inspector must obtain the prior written
consent of the Office before each exercise of
20 a power under this section for a purpose set
out in sub-section (1)(c) or (d).".
(3) In section 87(2) of the Gas Safety Act 1997, for
"An inspector" substitute "Subject to sub-section
(2A), an inspector".
25 (4) After section 87(2) of the Gas Safety Act 1997
insert--
"(2A) An inspector may not, for a purpose set out
in sub-section (1)(c) or (d), enter--
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(a) a residence; or
(b) land (other than land that is used for a
commercial or industrial purpose) on
which a residence is situated.".
5 (5) After section 87(5) of the Gas Safety Act 1997
insert--
"(6) If an inspector exercises a power of entry
under this section, without the owner or
occupier being present, the inspector must--
10 (a) on leaving the land or premises, leave a
notice setting out--
(i) the time of entry; and
(ii) the purpose of entry; and
(iii) a description of all things done
15 while on the land or premises; and
(iv) the time of departure; and
(v) the procedure for contacting the
Office for further details of the
entry; and
20 (b) post a copy of that notice--
(i) to the owner of the land or
premises, if the identity and
address of that owner are known
to the inspector; and
25 (ii) to the occupier of the land or
premises, if the identity and
address of that occupier are
known to the inspector.".
34. New section 117AA inserted
30 After section 117 of the Gas Safety Act 1997
insert--
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"117AA. Period within which proceedings for
offences may be brought
Despite anything to the contrary in any Act,
proceedings for an offence against this Act
5 or the regulations may be commenced within
the period of 3 years after the commission of
the alleged offence.".
35. New Part 6A inserted
After Part 6 of the Gas Safety Act 1997 insert--
10 'PART 6A--INFRINGEMENT NOTICES
117AB. Definition
In this Part--
"prescribed offence" means an offence
against section 71(1), 71(3), 71B,
15 72(1), 72(2), 79B or 79C(1).
117AC. Power to serve a notice
(1) An inspector may serve an infringement
notice on any person that he or she has
reason to believe has committed a prescribed
20 offence.
(2) An infringement notice may be served on a
person--
(a) by delivering it personally to the
person; or
25 (b) by sending it by post addressed to the
person's last known place of residence
or business.
117AD. Form of notice
An infringement notice must state--
30 (a) the date of the notice;
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(b) the provision of this Act that creates the
offence;
(c) the nature, and a brief description, of
the alleged offence;
5 (d) the date, time and place of the alleged
offence;
(e) the infringement penalty for the alleged
offence;
(f) the manner in which the infringement
10 penalty may be paid;
(g) the time (being not less than 28 days
after the date on which the notice is
served) within which the infringement
penalty must be paid;
15 (h) that, if the amount of the infringement
penalty is paid before the end of the
time specified in the notice, the matter
will not be brought before the
Magistrates' Court unless the notice is
20 withdrawn within 28 days after the date
on which it was served;
(i) that the person is entitled to disregard
the notice and defend any proceedings
in respect of the offence in the
25 Magistrates' Court;
(j) any other prescribed particulars.
117AE. Infringement penalties
The infringement penalty for an offence
against a provision of this Act is one-tenth of
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the maximum monetary penalty fixed by that
provision.
117AF. Late payment of penalty
An inspector may accept payment of the
5 infringement penalty even after the
expiration of the time for payment stated in
the infringement notice if--
(a) neither a charge has been filed nor a
courtesy letter served under Part 2 of
10 Schedule 7 to the Magistrates' Court
Act 1989 in respect of the offence to
which the infringement penalty relates;
and
(b) the infringement notice has not been
15 withdrawn.
117AG. Withdrawal of notice
(1) An inspector may withdraw an infringement
notice at any time within 28 days after the
date on which the notice was served by
20 serving a withdrawal notice on the person
served with the infringement notice.
(2) A withdrawal notice may be served on a
person--
(a) by delivering it personally to the
25 person; or
(b) by sending it by post addressed to the
person's last known place of residence
or business.
(3) An infringement notice may be withdrawn
30 even if the infringement penalty has been
paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
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is, to the necessary extent, appropriated
accordingly.
117AH. Payment expiates offence
If an infringement notice is not withdrawn
5 and the infringement penalty is paid within
the time for payment stated in the notice or is
accepted in accordance with section 117AF,
then--
(a) the person on whom the notice was
10 served has expiated the offence by that
payment; and
(b) no proceedings may be taken against
that person in respect of that offence;
and
15 (c) no conviction is to be taken to have
been recorded against that person for
that offence.
117AI. Payment not to have certain consequences
(1) The payment of an infringement penalty
20 under this Part is not and must not be taken
to be--
(a) an admission of guilt in relation to the
offence; or
(b) an admission of liability for the purpose
25 of any civil claim or proceeding arising
out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.
(2) The payment of an infringement penalty
30 under this Part must not be referred to in any
report provided to a court for the purpose of
determining sentence for an offence.
117AJ. Prosecution after service of infringement
notice
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A charge may be filed in respect of an
offence to which an infringement notice
relates if--
(a) the infringement penalty has not been
5 paid within the time for payment stated
in the notice or in accordance with
section 117AF; or
(b) the notice is withdrawn.
117AK. Enforcement of infringement penalty
10 Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act
1989 if--
(a) the infringement notice is an
15 infringement notice within the meaning
of Schedule 7 to that Act; and
(b) the infringement penalty has not been
paid within the time stated in the notice
or in accordance with section 117AF;
20 and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in
accordance with section 117AJ.'.
36. Regulations relating to energy efficiency for
25 proclaimed gas equipment
In section 118(1) of the Gas Safety Act 1997,
after paragraph (y) insert--
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Gas Industry Acts (Amendment) Act 2000
Act No.
"(ya) the standards of energy efficiency and
performance required for proclaimed gas
equipment;
(yb) prohibiting or regulating the supply or offer
5 of supply of proclaimed gas equipment;
(yc) the registration of proclaimed gas equipment,
including--
(i) applications for registration and the
renewal, modification or transfer of
10 registration and the information to
accompany the applications (including
details about tests);
(ii) the granting of registration;
(iii) conditions on registration;
15 (iv) the transfer of registration;
(v) variation of registration;
(vi) the refusal and cancellation of
registration;
(vii) the renewal and duration of
20 registration;
(viii) the keeping of registers of proclaimed
gas equipment and registration holders;
(yd) the testing, marking and labelling of
proclaimed gas equipment, including the
25 provision of samples of that equipment and
labels to the Office for testing and the
disposal of those samples;
(ye) reasonable fees and charges to be charged
for or for the recovery of reasonable costs
30 for--
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Gas Industry Acts (Amendment) Act 2000
s. 37
Act No.
(i) the testing, examination, marking or
labelling of proclaimed gas equipment;
(ii) the preparation of reports about
proclaimed gas equipment;
5 (iii) the registration, renewal of registration,
modification of registration or transfer
of registration of proclaimed gas
equipment;
(yf) authorising or requiring the giving of public
10 notices in relation to proclaimed gas
equipment and the recovery of costs
associated with those notices;".
37. Repeal of spent provisions
Division 1 of Part 8 of the Gas Safety Act 1997 is
15 repealed.
______________
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Gas Industry Acts (Amendment) Act 2000
s. 38
Act No.
PART 4--AMENDMENT OF OTHER ACTS
38. Amendment of Building Act 1993
In section 241 of the Building Act 1993, for sub-
section (2A) substitute--
5 "(2A) Proceedings for an offence against Part 12A
or any regulations made for the purpose of
that Part may be brought by the Plumbing
Industry Commission, the Office of Gas
Safety or any person authorised by the
10 Plumbing Industry Commission.
(2B) Proceedings to recover money payable under
Part 12A may be brought by the Plumbing
Industry Commission or any person
authorised by the Plumbing Industry
15 Commission.".
39. Amendment of Dangerous Goods Act 1985
In section 9 of the Dangerous Goods Act 1985,
after paragraph (ea) insert--
"(eb) the conveyance of gas by pipeline to which
20 the Gas Safety Act 1997 applies;".
40. Amendment of Office of the Regulator-General Act
1994
In section 34A(1) of the Office of the Regulator-
General Act 1994 before "by written notice"
25 insert "or the Minister administering the Gas
Industry Act 1994".
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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