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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Gas Safety Act 1997
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 2
3. Definitions 2
4. Declaration of gaseous fuel 9
5. Declaration of gas company 9
6. Declaration of pipeline to be a transmission line 10
7. Exemptions 10
8. Crown to be bound 11
PART 2--OFFICE OF GAS SAFETY 12
9. Establishment 12
10. Objectives of the Office 12
11. Functions 13
12. Powers 13
13. Committees 14
14. Delegation 14
15. Office consists of Director 14
16. Appointment of Director 14
17. Terms and conditions of appointment 15
18. Vacancies, resignations and removal from office 15
19. Acting appointments 15
20. Validity of decisions 16
21. Disclosure of interests 16
22. Corporate plan 17
23. Statement of corporate intent: contents 18
24. Office to act in accordance with corporate plan 19
25. Nothing void merely because of non-compliance 19
26. Protection from liability 19
27. Appointment of persons to assist Office 20
28. Improper use of information 20
29. Costs of Office 20
30. Borrowing and investment by Office 20
31. General Account 20
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Clause Page
PART 3--GAS SAFETY 22
Division 1--General duties of gas companies 22
32. General duties of gas companies 22
33. Gas quality 22
34. Offence to supply or sell gas for unsafe gas installation 23
35. Offence to supply or sell gas where emergency plumbing order
applies 24
36. Mandatory reporting of gas incidents 24
Division 2--Safety case for facility 25
37. Safety case 25
38. Validation of safety case for a facility 26
39. Additional information 26
40. Acceptance of safety case 27
41. Provisional acceptance of safety case 27
42. Non-acceptance of safety case 27
43. Office may determine safety case 28
44. Compliance with safety case 29
45. Revision of safety case--change 30
46. Revision of safety case--each 5 years 31
47. Office may request submission of revised safety case 31
48. Offence to fail to submit revised safety case on request 32
49. Application of provision to revised safety case 33
50. Compliance with safety case is defence 33
Division 3--Safety case for gas installation 33
51. Definitions 33
52. Safety case for Type B gas installation in manufacturing or
industrial premises 34
53. Safety case for supply and installation of Type B appliances in
manufacturing or industrial premises 34
54. Safety case for manufacture of Type B gas installations 35
55. Exemption from regulations 36
56. Compliance with safety case 36
57. Revision of safety case--each 5 years 37
58. Office may request submission of revised safety case 38
59. Compliance with request 38
60. Lapsing of safety case 39
61. Duty of operator of Type B gas installation 39
62. Duty of manufacturer of Type B appliances 40
63. Duty of manufacturer of Type B gas installations 40
64. Compliance with safety case is a defence 41
Division 4--Approval or authorisation to undertake certain gas
work 41
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Clause Page
65. Approval of persons to carry out upstream gas work 41
66. Offence to carry out upstream gas work without approval or
authorisation 42
67. Standard of gas work 42
Division 5--Appliances and gas installations 42
68. Authorisation of acceptance scheme 42
69. Acceptance of appliance by Office 42
70. Offence to install certain Type A appliances 44
71. Offence to supply or sell unaccepted appliances 44
72. Compliance with prescribed standards and requirements for work
on gas installation 45
73. Acceptance of gas installation 46
74. Offence to use Type B appliance 47
75. Offence to supply or sell certain appliances without giving
required information 48
76. Prohibition of supply of appliances or components 48
77. Offence to disobey prohibition 49
78. Recall of appliances or components 50
79. Offence to fail to comply with requirement 51
PART 4--GAS APPEALS BOARD 52
80. Establishment 52
81. Right of appeal 52
82. Effect of decisions under appeal 53
83. Nature of an appeal 53
84. What action can be taken on appeal? 53
85. Duties of the Office 54
PART 5--INSPECTION 55
Division 1--Appointment of inspectors 55
86. Inspectors 55
Division 2--Powers of entry--general 55
87. Powers of entry--safety cases and gas incidents 55
88. Occupier to be given copy of consent 56
89. Emergency access 57
90. Powers on entry 57
91. Return of things seized 58
92. Magistrates' Court may extend period 59
93. Entry to be reported to Gas Appeals Board 59
Division 3--Powers of entry--enforcement 59
94. Powers of entry--enforcement 59
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Clause Page
95. Occupier to be given copy of consent 60
96. Search warrant 60
97. Announcement before entry 61
98. Copy of warrant to be given to occupier 62
Division 4--General 62
99. Power of inspector to require information or documents 62
100. Offence to give false information to inspector 63
101. Copying of documents 63
102. Protection against self-incrimination 64
103. Offence to obstruct inspector 64
104. Police to assist inspectors 64
105. Impersonation of inspector 64
PART 6--ENFORCEMENT 65
Division 1--Directions 65
106. Director may give directions 65
107. Additional powers in emergencies 65
108. Defence to certain offences if complying with Director's
directions 66
109. Immunity from suit 66
Division 2--Improvement and prohibition notices 66
110. Director or inspector may issue improvement notice 66
111. Offence not to comply with improvement notice 67
112. Director or inspector may issue prohibition notice 68
113. Offence not to comply with prohibition notice 69
114. Notices may include directions 69
Division 3--Other matters 69
115. Offences by bodies corporate 70
116. Offences by partnerships or unincorporated associations 70
117. False or misleading information 71
PART 7--GENERAL 72
118. Regulations 72
PART 8--REPEALS, CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS 77
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Clause Page
Division 1--Repeals and consequential amendments 77
119. Repeal of certain provisions of the Gas Industry Act 1994 77
120. Amendment of Dangerous Goods Act 1985 77
121. Amendment of Building Act 1993 77
122. Amendment of Borrowing and Investment Powers Act 1987 79
Division 2--Transitional provisions 79
123. Transitional provision--Office of Gas Safety 79
124. Transitional provisions--gas installations 79
125. Transitional provisions--existing gas installation work 80
126. Transitional provision--appliances 81
------------------
SCHEDULE 1--Membership and Procedure of Gas Appeals Board 82
NOTES 88
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Clause Page
THIS PAGE IS TO BE MASKED
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PARLIAMENT OF VICTORIA
A BILL
to provide for the safe conveyance, sale, supply, measurement, control
and use of gas, to amend the Gas Industry Act 1994 and other Acts
and for other purposes.
Gas Safety Act 1997
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to make provision
for the safe conveyance, sale, supply,
5 measurement, control and use of gas and to
generally regulate gas safety.
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Gas Safety Act 1997
s. 2
Act No.
2. Commencement
(1) Part 1 of this Act comes into operation on the day
on which this Act receives the Royal Assent.
(2) The remaining provisions of this Act come into
5 operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does
not come into operation before 31 December
1999, it comes into operation on that day.
3. Definitions
10 In this Act--
"acceptance scheme" includes any approval,
certification or endorsement scheme,
however described;
"accepted safety case" means--
15 (a) a safety case or provisional safety case
accepted under Division 2 or 3 of Part
3; or
(b) if a revised safety case has been
accepted or provisionally accepted
20 under Division 2 or 3 of Part 3, that
revised safety case--
but does not include a safety case that has
lapsed under Division 3 of Part 3;
"apparatus and works" has the same meaning as
25 it has in the Gas Industry Act 1994;
"appliance" means a device which uses gas to
produce flame, heat, light, power or special
atmosphere;
"component" means a component of an
30 appliance or gas installation;
"construction" has the same meaning as it has in
the Gas Industry Act 1994;
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Gas Safety Act 1997
s. 3
Act No.
"convey", in relation to gas, means to transmit,
distribute or otherwise convey by pipeline;
"Director" means the Director of Gas Safety
appointed under Part 2;
5 "distribute" has the same meaning as it has in the
Gas Industry Act 1994;
"distribution pipeline" has the same meaning as
it has in the Gas Industry Act 1994;
"facility" means--
10 (a) a pipeline; or
(b) a facility or service for the control of
the conveyance of gas; or
(c) a facility for the measurement of gas
where the facility is connected to a
15 transmission pipeline; or
(d) a service for the sale by retail of gas
(other than liquefied petroleum gas
used or intended to be used for
automotive purposes); or
20 (e) a service which controls the quality of
liquefied petroleum gas provided for
supply or sale (other than liquefied
petroleum gas used or intended to be
used for automotive purposes); or
25 (f) a tempered liquefied petroleum gas
plant;
"gas" means any gaseous fuel but does not
include any gaseous fuel that is declared
under section 4 not to be gas for the purposes
30 of this Act or any provision of this Act;
"gaseous fuel" includes petrochemical feed
stock;
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Gas Safety Act 1997
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Act No.
"gasfitting work" means work carried out in
connection with the installation, renewal,
commissioning, replacement, modification,
relocation, repair or maintenance of any gas
5 installation or any part of any gas
installation;
"gas company" means--
(a) a gas transmission company within the
meaning of the Gas Industry Act
10 1994; or
(b) a gas distribution company within the
meaning of the Gas Industry Act
1994; or
(c) a gas retailer within the meaning of the
15 Gas Industry Act 1994; or
(d) a person who is an owner or operator of
a facility or service for the control of
the conveyance of gas, being a person
declared under section 5 to be a gas
20 company for the purposes of this Act;
or
(e) a person who is an owner or operator of
a facility for the measurement of gas
connected to a transmission pipeline; or
25 (f) a person who is an owner or operator of
a pipeline, being a person declared
under section 5 to be a gas company for
the purposes of this Act; or
(g) a person who is an owner or operator of
30 a service for the sale by retail of gas
(other than liquefied petroleum gas
used or intended to be used for
automotive purposes), being a person
declared under section 5 to be a gas
35 company for the purposes of this Act;
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Gas Safety Act 1997
s. 3
Act No.
(h) a person who is an owner or operator of
a service for the supply of liquefied
petroleum gas (other than liquefied
petroleum gas used or intended to be
5 used for automotive purposes);
"gas incident" means any incident or event
relating to the conveyance, supply or use of
gas which causes or has the potential to
cause--
10 (a) the death of or injury to a person; or
(b) significant damage to property; or
(c) an explosion;
"gas installation" means, in respect of the use or
intended use of gas, a combination of--
15 (a) any pipe or system of pipes for or
incidental to the conveyance of gas and
components or fittings associated with
the pipe or pipes which are downstream
of the gas supply point; and
20 (b) any one or more of the following--
(i) any liquefied petroleum gas
storage vessels with an aggregate
capacity not exceeding 500 litres;
(ii) any appliance and associated
25 components or fittings which are
downstream of the gas supply
point;
(iii) any meter which is downstream of
the gas supply point;
30 (iv) any means of ventilation or
system for the removal of
combustion products which is
downstream of the gas supply
point;
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Gas Safety Act 1997
s. 3
Act No.
"gas supply point" means--
(a) the outlet of a gas company's meter
assembly; or
(b) the outlet of the primary shut-off valve
5 of a liquefied petroleum gas storage
vessel; or
(c) if paragraph (a) or (b) does not apply,
the point of supply of gas;
"gas work" means gasfitting work and upstream
10 gas work;
"inspector" means a person appointed as an
inspector under Part 5;
"meter" means an instrument that measures the
quantity of gas passing through it;
15 "meter assembly" means a system that includes a
meter and any associated pipes, fittings,
components, equipment or instruments;
"Office" means the Office of Gas Safety
established under Part 2;
20 "operation" has the same meaning as it has in the
Gas Industry Act 1994;
"person" includes an unincorporated body or
association and a partnership;
"pipeline" has the same meaning as it has in the
25 Gas Industry Act 1994;
"practicable" in sections 32, 33, 61, 62 and 63,
means practicable having regard to--
(a) in sections 32, 61, 62 and 63 the
severity of the hazard or risk in
30 question; and
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Gas Safety Act 1997
s. 3
Act No.
(b) in section 33, the severity of the hazard
or risk involved in not meeting a
prescribed standard or requirement; and
(c) the state of knowledge about the hazard
5 or risk and any ways of removing or
mitigating the hazard or risk; and
(d) the availability and suitability of ways
to remove or mitigate the hazard or
risk; and
10 (e) the cost of removing or mitigating the
hazard or risk;
"premises" includes caravan, mobile home and
vessel;
"quality", in relation to gas, includes odorisation,
15 purity, temperature, pressure and
composition;
"tempered liquefied petroleum gas" means a
mixture of vaporised liquefied petroleum gas
and air;
20 "transmission pipeline" means--
(a) a transmission pipeline within the
meaning of the Gas Industry Act
1994; or
(b) a pipeline that is declared under section
25 6 to be a transmission pipeline;
"transmit" has the same meaning as it has in the
Gas Industry Act 1994;
"Type A appliance" means--
(a) an appliance (including a second-hand
30 appliance) for which an acceptance
scheme has been authorised by the
Office in accordance with section 68; or
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Gas Safety Act 1997
s. 3
Act No.
(b) an appliance which has been accepted
under section 69;
"Type A gas installation" means--
(a) a gas installation--
5 (i) which contains only Type A
appliances; and
(ii) which is located in residential
premises of a prescribed class or
on land associated with such
10 premises; or
(b) a gas installation--
(i) which contains only Type A
appliances; and
(ii) which is located in commercial
15 premises of a prescribed class or
on land associated with such
premises; and
(iii) in which the total gas
consumption of the appliances
20 does not exceed the relevant
prescribed amount per hour; and
(iv) in which the length of pipe from
the gas supply point to the furthest
appliance does not exceed the
25 relevant prescribed length;
"Type B appliance" means an appliance
(including a second-hand appliance) with a
gas consumption in excess of 10 megajoules
per hour including any components and
30 fittings of that appliance downstream of and
including the appliance manual shut-off
valve but does not include a Type A
appliance;
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Gas Safety Act 1997
s. 4
Act No.
"Type B gas installation" means a gas
installation which is not a Type A gas
installation;
"upstream gas work" means work carried out
5 between the outlet point of a gas processing
plant and the outlet of a gas distribution
company's meter assembly in connection
with the construction, commissioning,
renewal, operation, control, replacement,
10 modification, repair, maintenance or testing
of--
(a) transmission and distribution systems
and related apparatus and works; or
(b) any other thing used for the
15 conveyance, supply, control or
measurement of gas.
4. Declaration of gaseous fuel
The Governor in Council, by Order published in
the Government Gazette, may declare any gaseous
20 fuel not to be gas for the purposes of this Act or
any provision of this Act.
5. Declaration of gas company
The Governor in Council, by Order published in
the Government Gazette, may declare any of the
25 following to be a gas company for the purposes of
this Act--
(a) a person who is an owner or operator of a
pipeline;
(b) a person who is an owner or operator of a
30 facility or service for the control of the
conveyance of gas;
(c) a person who is an owner or operator of a
service for the sale by retail of gas (other
than liquefied petroleum gas which is used
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s. 6
Act No.
or intended to be used for automotive
purposes).
6. Declaration of pipeline to be a transmission line
The Governor in Council, by Order published in
5 the Government Gazette, may declare a pipeline
or class of pipeline to be a transmission pipeline.
7. Exemptions
(1) The Governor in Council, by Order published in
the Government Gazette, and on the
10 recommendation of the Office, may declare that
the provisions of this Act, or such of the
provisions of this Act as are specified in the
Order--
(a) do not have effect in relation to a specified
15 person or class of persons or do not have
effect to such extent as is specified; or
(b) do not have effect in relation to a specified
facility or class of facilities or do not have
effect to such extent as is specified; or
20 (c) do not have effect in relation to specified
appliances or a class of appliances or do not
have effect to such extent as is specified; or
(d) do not have effect in relation to specified gas
installations or a class of gas installations or
25 do not have effect to such extent as is
specified; or
(e) do not have effect in relation to specified gas
work or a class of gas work or do not have
effect to such extent as is specified.
30 (2) An Order under sub-section (1)--
(a) may specify the period during which the
Order is to remain in force; and
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Gas Safety Act 1997
s. 8
Act No.
(b) may provide that its operation is subject to
such terms and conditions as are specified in
the Order.
(3) A person to whom an Order under this section
5 applies must comply with the terms and
conditions (if any) to which the operation of the
Order is subject.
Penalty: In the case of a natural person,
200 penalty units;
10 In the case of a body corporate,
1000 penalty units.
8. Crown to be bound
This Act binds the Crown, not only in right of
Victoria but also, as far as the legislative power of
15 the Parliament permits, the Crown in all its other
capacities.
_______________
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Gas Safety Act 1997
s. 9
Act No.
PART 2--OFFICE OF GAS SAFETY
9. Establishment
(1) There is established a body by the name "Office
of Gas Safety".
5 (2) The Office--
(a) is a body corporate with perpetual
succession;
(b) has an official seal;
(c) may sue and be sued;
10 (d) may acquire, hold and dispose of real and
personal property;
(e) may do and suffer all acts and things that a
body corporate may by law do and suffer.
(3) All courts must take judicial notice of the seal of
15 the Office affixed to a document and, until the
contrary is proved, must presume that it was duly
affixed.
(4) The official seal of the Office must be kept in
such custody as the Office directs and must not be
20 used except as authorised by the Office.
10. Objectives of the Office
The objectives of the Office are--
(a) to ensure the safety of the conveyance, sale,
supply, measurement, control and use of gas;
25 and
(b) to control the safety standards of gas work;
and
(c) to maintain public and industry awareness of
gas safety requirements.
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Gas Safety Act 1997
s. 11
Act No.
11. Functions
The functions of the Office are--
(a) to issue guidelines specifying minimum
safety standards for appliances, gas
5 equipment, gas components, gas
installations, gas related services and the
conveyance, sale, supply, measurement,
control and use of gas;
(b) to issue guidelines in relation to the
10 preparation of safety cases;
(c) to monitor compliance of appliances, gas
equipment, gas components, gas
installations, gas related services and the
conveyance, sale, supply, measurement,
15 control and use of gas with the specified
safety standards;
(d) to investigate events or incidents which have
implications for gas safety;
(e) to provide advisory and consultative services
20 in relation to gas safety;
(f) to consult with and advise industry and the
community in relation to gas safety;
(g) such other functions as are conferred on the
Office by or under this Act or any other Act
25 or the regulations under this Act.
12. Powers
For the purpose of performing its functions, the
Office--
(a) has such powers as are conferred on it by
30 this Act or any other Act; and
(b) may do all other things necessary or
convenient to be done for or in connection
with, or as incidental to, the achievement of
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Gas Safety Act 1997
s. 13
Act No.
its objectives or the performance of its
functions.
13. Committees
(1) The Office may establish such committees as it
5 determines.
(2) A committee established under sub-section (1)
shall consist of--
(a) such officers or employees of the Office; and
(b) such other persons--
10 as the Office determines.
(3) The Office must appoint one of the members of
the committee as chairperson.
(4) Except as otherwise provided by the regulations,
the procedure of a committee is in its discretion.
15 14. Delegation
The Office may, by instrument under its official
seal, delegate any function or power of the Office,
other than this power of delegation, to--
(a) an officer or employee of the Office;
20 (b) a member of a committee appointed in
accordance with this Part;
(c) with the consent of the Minister, another
person.
15. Office consists of Director
25 The Office consists of the Director of Gas Safety.
16. Appointment of Director
(1) The Governor in Council, on the recommendation
of the Minister, may appoint a person to be the
Director.
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Gas Safety Act 1997
s. 17
Act No.
(2) The Public Sector Management Act 1992
(except Part 9) does not apply to the Director in
respect of the office of Director.
17. Terms and conditions of appointment
5 (1) The Director shall be appointed for such term, not
exceeding 5 years, as is specified in the
instrument of appointment, but is eligible for re-
appointment.
(2) The Director holds office, subject to this Act, on
10 such terms and conditions as are determined by
the Minister.
18. Vacancies, resignations and removal from office
(1) The Director ceases to hold office if he or she
becomes bankrupt.
15 (2) The Director may resign by writing delivered to
the Minister.
(3) The Governor in Council may remove the
Director from office.
19. Acting appointments
20 (1) The Governor in Council, on the recommendation
of the Minister, may appoint a person to act as
Director--
(a) during a vacancy in the office of the
Director; or
25 (b) during any period, or during all periods,
when the Director is absent or, for any other
reason, is unable to perform the functions of
Director--
but a person appointed to act during a vacancy
30 must not continue so to act for more than
6 months, unless re-appointed.
(2) An acting appointment shall be for the term and
on the conditions determined by the Minister.
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s. 20
Act No.
(3) The Governor in Council may at any time
terminate an acting appointment.
(4) A person appointed under this section has all the
powers, and may perform all the functions, of the
5 person for whom he or she is acting.
20. Validity of decisions
(1) An act or decision of the Office is not invalid
merely because of a defect or irregularity in, or in
connection with, the appointment of the Director.
10 (2) Anything done by or in relation to a person
purporting to act as Director is not invalid merely
because--
(a) the occasion for the appointment has not
arisen; or
15 (b) there was a defect or irregularity in relation
to the appointment; or
(c) the appointment has ceased to have effect; or
(d) the occasion for the person to act had not
arisen or had ceased.
20 21. Disclosure of interests
(1) If the Director has a direct or indirect pecuniary
interest in a matter being considered, or about to
be considered, by the Office, he or she must, as
soon as practicable after the relevant facts come to
25 his or her knowledge, disclose the nature of the
interest to the Minister.
(2) Sub-section (1) does not apply if the interest is as
a result of the supply of goods or services that are
available to members of the public on the same
30 terms and conditions.
(3) A failure to comply with this section does not
affect the validity of any act or decision of the
Office or the Director.
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Gas Safety Act 1997
s. 22
Act No.
22. Corporate plan
(1) The Office must prepare a corporate plan each
year.
(2) The Office must give a copy of the proposed plan
5 to the Minister and the Treasurer on or before
31 May in each year.
(3) The proposed corporate plan must be in or to the
effect of a form approved by the Minister and the
Treasurer and must include--
10 (a) a statement of corporate intent in accordance
with section 23;
(b) a business plan containing such information
as the Treasurer or the Minister requires;
(c) financial statements containing such
15 information as the Treasurer requires.
(4) The Office must consider any comments on the
proposed plan that are made to it by the Treasurer
or the Minister within 2 months after the plan was
submitted to the Treasurer and the Minister.
20 (5) The Office must--
(a) consult in good faith with the Treasurer and
the Minister following communication to it
of the comments; and
(b) make such changes to the plan as are agreed
25 between the Treasurer, the Minister and the
Office; and
(c) deliver the completed plan to the Treasurer
and the Minister within 2 months after the
commencement of the financial year.
30 (6) The plan, or any part of the plan, must not be
published or made available except for the
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Gas Safety Act 1997
s. 23
Act No.
purposes of this Part without the prior approval of
the Office, the Treasurer and the Minister.
(7) The plan may be modified at any time by the
Office with the agreement of the Treasurer and the
5 Minister.
(8) If the Office, by written notice to the Treasurer
and the Minister, proposes a modification of the
plan, the Office may, within 14 days, make the
modification unless the Treasurer or Minister, by
10 written notice to the Office, directs the Office not
to make it.
(9) The Treasurer or the Minister may, from time to
time, by written notice to the Office, direct the
Office to include in, or omit from, a statement of
15 corporate intent, a business plan or a financial
statement of a specified kind, any specified
matters.
(10) Before giving a direction under this section, the
Treasurer and the Minister must consult with the
20 Office as to the matters to be referred to in the
notice.
(11) The Office must comply with a direction under
this section.
(12) At any particular time, the statement of corporate
25 intent, the business plan or the financial
statements for the Office are the statements and
plan last completed, with any modifications or
deletions made in accordance with this Part.
23. Statement of corporate intent: contents
30 Each statement of corporate intent must specify
for the Office, in respect of the financial year to
which it relates and each of the 2 following
financial years, the following information--
(a) the objectives of the Office;
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Act No.
(b) the nature and scope of the activities to be
undertaken by the Office;
(c) the accounting policies to be applied in the
accounts;
5 (d) the performance targets and other measures
by which the performance of the Office may
be judged in relation to its stated objectives;
(e) the kind of information to be provided to the
Treasurer and the Minister by the Office
10 during the course of those financial years;
(f) such other matters as may be agreed on by
the Treasurer, the Minister and the Office
from time to time.
24. Office to act in accordance with corporate plan
15 The Office must act only in accordance with its
corporate plan, as existing from time to time,
unless it has first obtained the written approval of
the Minister and the Treasurer to do otherwise.
25. Nothing void merely because of non-compliance
20 Nothing done by the Office is void or
unenforceable merely because the Office has
failed to comply with this Part.
26. Protection from liability
(1) The Director is not personally liable for anything
25 done or omitted to be done in good faith--
(a) in the exercise of a power or the performance
of a function of the Office; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power or
30 the performance of a function of the Office.
(2) Any liability resulting from an act or omission
that, but for sub-section (1), would attach to the
Director attaches instead to the Office.
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27. Appointment of persons to assist Office
(1) The Office may appoint or engage such
employees or other persons as are necessary for
the performance of its functions.
5 (2) The terms and conditions of appointment or
engagement are as determined by the Office.
28. Improper use of information
A person who is, or has been, Director or an
employee, agent or contractor of the Office, must
10 not make improper use of any information
acquired only in the course of his or her duties to
obtain directly or indirectly any pecuniary or other
advantage for himself or herself or for any other
person.
15 Penalty: 100 penalty units.
29. Costs of Office
A gas company must pay to the Office at such
time or times as the Minister determines such
annual amount (if any) as the Minister determines
20 to be payable by that gas company in respect of
the remuneration and reasonable costs and
expenses of the Office.
30. Borrowing and investment by Office
The Office has the powers conferred on it by the
25 Borrowing and Investment Powers Act 1987.
31. General Account
(1) The Office must keep an account called the
General Account.
(2) The Office must ensure that there is paid into the
30 General Account--
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s. 31
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(a) all fees and charges received or recovered
under this Act; and
(b) all other money received by it or on its
behalf.
5 (3) The Office may pay money out of the General
Account--
(a) to meet any costs or expenses incurred in
carrying out its functions or powers;
(b) in paying remuneration, allowances or
10 expenses to which the Director, any acting
Director or employees of the Office are
entitled;
(c) for any other purpose authorised by this Act.
_______________
15
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s. 32
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PART 3--GAS SAFETY
Division 1--General duties of gas companies
32. General duties of gas companies
A gas company must manage and operate each of
5 its facilities to minimise as far as practicable--
(a) the hazards and risks to the safety of the
public and customers arising from gas; and
(b) the hazards and risks of damage to property
of the public and customers arising from gas;
10 and
(c) the hazards and risks to the safety of the
public and customers arising from--
(i) interruptions to the conveyance or
supply of gas; and
15 (ii) the reinstatement of an interrupted gas
supply.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
20 1500 penalty units.
33. Gas quality
(1) A gas company must ensure that, as far as
practicable, the gas which it conveys--
(a) meets the prescribed standards of quality;
25 and
(b) complies with any other prescribed
requirements.
Penalty: In the case of a natural person,
300 penalty units;
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In the case of a body corporate,
1500 penalty units.
(2) A gas company which supplies or sells gas to a
customer for use in a gas installation must ensure
5 that, as far as practicable, the gas supplied or
sold--
(a) meets the prescribed standards of quality;
and
(b) complies with any other prescribed
10 requirements.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
15 34. Offence to supply or sell gas for unsafe gas
installation
(1) A gas company must not knowingly supply or sell
gas for use in a gas installation which is unsafe.
Penalty: In the case of a natural person,
20 300 penalty units;
In the case of a body corporate,
1500 penalty units.
(2) A gas company must not knowingly supply or sell
gas for use in a gas installation which does not
25 comply with this Act or the regulations except in
the prescribed circumstances.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
30 1500 penalty units.
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35. Offence to supply or sell gas where emergency
plumbing order applies
A gas company must not knowingly supply or sell
gas for use in a gas installation to which an
5 emergency plumbing order under section 221ZZF
of the Building Act 1993 applies.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
10 1500 penalty units.
36. Mandatory reporting of gas incidents
(1) A gas company must report to the Office in
accordance with the regulations any gas incident
which occurs in relation to a facility of that gas
15 company.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
20 (2) A gas company must report to the Office in
accordance with the regulations any gas incident
of which it is aware and which occurs in relation
to a gas installation to which it supplies or sells
gas.
25 Penalty: In the case of a natural person,
2 penalty units;
In the case of a body corporate,
10 penalty units.
(3) The Chief Officer of the Metropolitan Fire and
30 Emergency Services and the Chief Officer under
the Country Fire Authority Act 1958 must
report to the Office any fire or explosion in which
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he or she suspects gas was a cause or contributing
factor.
Division 2--Safety case for facility
37. Safety case
5 (1) A gas company must submit a safety case to the
Office for each of its facilities in accordance with
this section.
Penalty: In the case of a natural person,
300 penalty units;
10 In the case of a body corporate,
1500 penalty units.
(2) A safety case for a facility must--
(a) be in writing; and
(b) in accordance with the regulations, specify
15 the safety management system being
followed or to be followed by the gas
company--
(i) to comply with the gas company's
duties under Division 1; and
20 (ii) in relation to any other matters relating
to the safe conveyance, supply, sale,
measurement or control of gas that are
prescribed.
(3) The safety case for a facility which is in operation
25 immediately before the commencement of this
section must be submitted within 6 months after
that commencement.
(4) The safety case for any other facility must be
submitted to the Office before the facility
30 commences operation.
(5) A safety case may be submitted in stages.
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(6) A safety case may apply to more than one facility.
(7) A gas company which has submitted a safety case
for a facility under section 138 of the Gas
Industry Act 1994 before the commencement of
5 this section is deemed to have complied with this
section in relation to that facility.
38. Validation of safety case for a facility
(1) If a safety case has been submitted for a facility,
the Office may require the gas company to obtain
10 an independent validation of that safety case or
any part of that safety case.
(2) The Office may require the validation to assess
the design, construction, commissioning or
operation of the facility or the required part of the
15 facility or all or any of those matters to determine
if the facility or part will be fit for the purpose.
(3) The gas company must establish to the satisfaction
of the Office that each person undertaking the
validation of a matter has the necessary
20 competence and ability and access to information
on the matter to arrive at an independent opinion
on the matter.
(4) If the Office requires a gas company to provide an
independent validation of a safety case or part of a
25 safety case, the costs of that validation must be
borne by the gas company.
(5) The Office is not required to proceed with the
consideration of a safety case until the
independent validation is provided.
30 39. Additional information
(1) The Office may require a gas company to provide
any additional information that the Office thinks
fit in relation to a safety case submitted by the gas
company under this Division.
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(2) The Office is not required to proceed with the
consideration of a safety case until the additional
information is provided.
40. Acceptance of safety case
5 (1) The Office must consider a safety case submitted
under this Division with as much expedition as the
requirements of this Act and the regulations and
the proper consideration of the safety case permit.
(2) The Office must accept a safety case submitted
10 under this Division if it is satisfied that the safety
case is appropriate for the facility to which it
applies and complies with this Act and the
regulations.
(3) The Office must notify the gas company in
15 writing of its decision to accept a safety case.
41. Provisional acceptance of safety case
(1) The Office may provisionally accept a safety case
if it is satisfied that it will provide for the safe
operation of the facility.
20 (2) The Office must notify the gas company in
writing of its decision to provisionally accept a
safety case.
(3) The notice of acceptance must state--
(a) the period that the provisional acceptance
25 will be in force; and
(b) the extent to which the safety case has been
accepted; and
(c) any limitations or conditions which will
apply in respect of the use or operation of the
30 facility while the provisional acceptance is in
force.
42. Non-acceptance of safety case
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(1) If the Office does not accept or provisionally
accept a safety case it must--
(a) notify the gas company in writing of the non-
acceptance; and
5 (b) give the gas company an opportunity to
modify and re-submit the safety case.
(2) A modified safety case must be submitted to the
Office within 28 days after the notice is given
under sub-section (1).
10 (3) If, after considering any modified safety case
submitted under this section, the Office decides
not to accept a safety case the Office must give
notice in writing of that decision to the gas
company.
15 (4) A notice under this section must be accompanied
by a statement of the reasons for the decision.
43. Office may determine safety case
(1) The Office may determine the safety case which is
to apply in respect of a facility which is in
20 operation at the time of the determination if--
(a) the gas company fails to submit a safety case
for the facility in accordance with this
Division; or
(b) the Office has decided not to accept a safety
25 case for the facility.
(2) If the Office determines the safety case to apply to
a facility under this section, the Office must give
notice in writing to the gas company of that
determination.
30 (3) On notice being given to the gas company under
sub-section (2), the safety case determined by the
Office is deemed for the purposes of this Act to be
the accepted safety case for the facility to which it
applies.
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(4) Nothing in sub-section (3) prevents a gas
company from submitting a safety case or a
revised safety case for a facility to the Office for
acceptance under this Division.
5 44. Compliance with safety case
(1) A gas company must not commission or
commence to operate a facility of the gas
company unless a safety case for that facility has
been accepted or provisionally accepted under this
10 Division.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
15 (2) A gas company must comply with the accepted
safety case for a facility in relation to the
management and operation of the facility.
Penalty: In the case of a natural person,
300 penalty units;
20 In the case of a body corporate,
1500 penalty units.
(3) A gas company must comply with the accepted
safety case for a facility in relation to the removal,
dismantling or decommissioning of the facility.
25 Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
(4) A gas company must not--
30 (a) undertake or permit a modification of a
facility that has the potential to significantly
increase the overall levels of risk in relation
to a facility; or
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(b) undertake or permit a modification that has
the potential to significantly influence the
level of a specific risk or the ranking of risk
contributing factors; or
5 (c) make or permit a significant change to the
safety management system in relation to the
facility--
unless the Office has accepted a revision of the
safety case in relation to that matter for that
10 facility.
Penalty: In the case of a natural person,
300 penalty units;
In the case of a body corporate,
1500 penalty units.
15 45. Revision of safety case--change
A gas company must submit a revised safety case
to the Office if--
(a) developments in technical knowledge or the
assessment of hazards relevant to the facility
20 make it appropriate to revise the safety case;
or
(b) proposed modifications of the facility will
result in a significant increase in the overall
levels of risk in relation to the facility; or
25 (c) a proposed modification of the facility may
significantly influence the level of a specific
risk or the ranking of risk contributing
factors; or
(d) the gas company proposes to make a
30 significant change to the safety management
system in relation to the facility; or
(e) the gas company proposes to dismantle,
decommission or remove the facility or part
of the facility in a different manner from the
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procedures set out in the safety case for the
facility.
46. Revision of safety case--each 5 years
A gas company must submit a revised safety case
5 to the Office at the end of each period of 5 years
commencing on the later of--
(a) the date when the safety case is first
accepted; or
(b) the date of the most recent acceptance of a
10 revision of the safety case submitted under
this section.
Penalty: In the case of a natural person,
80 penalty units;
In the case of a body corporate,
15 400 penalty units.
47. Office may request submission of revised safety case
(1) The Office may at any time request a gas
company to submit a revised safety case for a
facility of the gas company.
20 (2) The request must--
(a) be in writing; and
(b) set out--
(i) the matters to be addressed by the
required revision; and
25 (ii) the proposed date of effect of the
revision; and
(iii) the grounds for the request.
(3) The gas company to whom the request is given
may make a submission to the Office on all or any
30 of the following grounds--
(a) that the revision should not occur;
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(b) that the revision should be in different terms
from the proposed terms;
(c) that the revision should take effect on a later
date than the proposed date of effect.
5 (4) The submission must--
(a) be in writing; and
(b) state the gas company's reasons for the
submission; and
(c) be made within 21 days, or such later period
10 as the Office in writing allows, after the
request is received.
(5) If a gas company makes a submission under this
section, the Office must decide--
(a) to accept the submission or part of the
15 submission and vary or withdraw the request
accordingly; or
(b) to reject the submission.
(6) The Office must give the gas company notice in
writing of its decision on the submission and the
20 reasons for that decision.
48. Offence to fail to submit revised safety case on request
If the Office requests the revision of a safety case
in accordance with section 47, the gas company
must submit a revised safety case for a facility to
25 the Office--
(a) if the gas company does not make a
submission under that section, within the
time (being not less than 60 days) specified
by the Office in the request; or
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(b) if the gas company has made a submission
under that section and the Office has not
withdrawn the request, within the time
(being not less than 60 days) specified by the
5 Office in the decision on the submission.
Penalty: In the case of a natural person,
80 penalty units;
In the case of a body corporate,
400 penalty units.
10 49. Application of provision to revised safety case
Sections 38 to 43 apply to the revision of a safety
case in the same manner as they apply to a safety
case.
50. Compliance with safety case is defence
15 It is a defence to a prosecution of a person for an
offence relating to a breach of a duty or obligation
set out in Division 1 if the person has complied
with the accepted safety case in relation to that
duty or obligation.
20 Division 3--Safety case for gas installation
51. Definitions
In this Division--
"manufacturer" in relation to a class of
appliances or gas installations, means a
25 person who manufactures that class of
appliances or installations;
"operator" in relation to a gas installation or
proposed gas installation, means the person
who owns or operates or is to own or operate
30 the gas installation.
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52. Safety case for Type B gas installation in
manufacturing or industrial premises
(1) The Office may permit the operator of a Type B
gas installation or proposed Type B gas
5 installation which is or is to be located in
manufacturing or industrial premises to submit a
safety case for that gas installation.
(2) A safety case submitted under this section must--
(a) be in writing; and
10 (b) in accordance with the regulations, specify
the safety management system being
followed or to be followed in respect of the
safe installation and operation of the gas
installation.
15 (3) Sections 38 to 42 apply to a safety case under this
section as if--
(a) any reference to a facility were a reference to
the Type B gas installation; and
(b) any reference to a gas company were a
20 reference to the operator of the Type B gas
installation.
53. Safety case for supply and installation of Type B
appliances in manufacturing or industrial premises
(1) The Office may permit a manufacturer of a class
25 of Type B appliances intended for use in
manufacturing or industrial premises to submit a
safety case in relation to the supply and
installation of those appliances.
(2) A safety case submitted under this section must--
30 (a) be in writing; and
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(b) in accordance with the regulations, specify
the safety management system being
followed or to be followed in respect of the
safe supply and installation of the class of
5 Type B appliances.
(3) Sections 38 to 42 apply to a safety case under this
section as if--
(a) any reference to a facility were a reference to
the supply and installation of the Type B
10 appliances; and
(b) any reference to a gas company were a
reference to the manufacturer of the Type B
appliances.
54. Safety case for manufacture of Type B gas
15 installations
(1) The Office may permit a manufacturer of a class
of Type B gas installations to submit a safety case
for the manufacture of that class of gas
installations.
20 (2) A safety case submitted under this section must--
(a) be in writing; and
(b) in accordance with the regulations, specify
the safety management system being
followed or to be followed in respect of the
25 safety of the class of gas installations.
(3) Sections 38 to 42 apply to a safety case under this
section as if--
(a) any reference to a facility were a reference to
the manufacture of the Type B gas
30 installations; and
(b) any reference to a gas company were a
reference to the manufacturer of the Type B
gas installations.
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s. 55
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(4) This section does not apply to the manufacture of
a gas installation at the site at which it is intended
to be used.
55. Exemption from regulations
5 (1) If the Office accepts a safety case submitted under
section 52, the Office may exempt the operator of
the Type B gas installation from compliance with
any of the regulations relating to the installation
and operation of gas installations.
10 (2) If the Office accepts a safety case submitted under
section 53, the Office may exempt the
manufacturer of the Type B appliances from
compliance with any of the regulations relating to
the installation of appliances.
15 (3) If the Office accepts a safety case submitted under
section 54, the Office may exempt the
manufacturer of the Type B gas installations from
compliance with any of the regulations relating to
the installation of gas installations.
20 (4) If the Office accepts a safety case submitted under
this Division, the Office may exempt any person
authorised under the safety case to carry out a
class or type of gasfitting work from compliance
with any of the regulations relating to the carrying
25 out of that class or type of gasfitting work.
(5) The Office must not grant an exemption under this
section from compliance with a regulation unless
the Office is satisfied that the level of safety to be
provided if the exemption is given is not less than
30 the level of safety which would be required to be
provided under the regulation.
56. Compliance with safety case
(1) An operator of a Type B gas installation for which
there is an accepted safety case under this
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Act No.
Division must comply with that safety case in
respect of that gas installation.
Penalty: In the case of a natural person,
200 penalty units;
5 In the case of a body corporate,
1000 penalty units.
(2) A manufacturer of a class of Type B appliances
for which there is an accepted safety case under
this Division must comply with that safety case in
10 respect of the supply and installation of those
appliances.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
15 1000 penalty units.
(3) A manufacturer of a class of Type B gas
installations for which there is an accepted safety
case under this Division must comply with that
safety case in respect of the manufacture of those
20 gas installations.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
25 57. Revision of safety case--each 5 years
An operator of a Type B gas installation or a
manufacturer of a class of Type B appliances or of
a class of Type B gas installations in respect of
which an accepted safety case applies under this
30 Division must submit a revised safety case to the
Office at the end of each period of 5 years
commencing on the later of--
(a) the date when the relevant safety case is first
accepted; or
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(b) the date of the most recent acceptance of a
revision of the safety case submitted under
this section.
Penalty: In the case of a natural person,
5 50 penalty units;
In the case of a body corporate,
250 penalty units.
58. Office may request submission of revised safety case
(1) The Office may at any time request--
10 (a) an operator of a Type B gas installation to
which an accepted safety case applies to
submit a revised safety case for that
installation; or
(b) a manufacturer of a class of Type B
15 appliances to which an accepted safety case
applies to submit a revised safety case for
that class of appliances; or
(c) a manufacturer of a class of Type B gas
installations to which an accepted safety case
20 applies to submit a revised safety case for
that class of gas installations.
(2) The request must--
(a) be in writing; and
(b) set out--
25 (i) the matters to be addressed by the
required revision; and
(ii) the proposed date of effect of the
revision; and
(iii) the grounds for the request.
30 59. Compliance with request
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An operator or manufacturer must comply with a
request under section 58 within the time (being
not less than 60 days) specified by the Office in
the request.
5 Penalty: In the case of a natural person,
80 penalty units;
In the case of a body corporate,
400 penalty units.
60. Lapsing of safety case
10 (1) If an operator of a Type B gas installation or
manufacturer of a class of Type B appliances or a
class of Type B gas installations fails to comply
with section 57 or 58, the Office, by notice in
writing to the operator or manufacturer, may
15 determine that the accepted safety case applying
to that gas installation or class of appliances or
class of gas installations has lapsed.
(2) An operator of a Type B gas installation or a
manufacturer of a class of Type B appliances or a
20 class of Type B gas installations may, by notice in
writing to the Office, withdraw an accepted safety
case applying to that gas installation or class of
appliances or class of gas installations.
(3) If an accepted safety case has lapsed or been
25 withdrawn, any exemption granted under section
55 in respect of that safety case lapses.
61. Duty of operator of Type B gas installation
The operator of a Type B gas installation to which
an accepted safety case applies must manage and
30 operate that gas installation to minimise as far as
practicable--
(a) the hazards and risks to the safety of the
public arising from the use of the gas
installation; and
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(b) the hazards and risks to property arising
from the use of the gas installation.
Penalty: In the case of a natural person,
200 penalty units;
5 In the case of a body corporate,
1000 penalty units.
62. Duty of manufacturer of Type B appliances
A manufacturer of a class of Type B appliances in
respect of which an accepted safety case applies
10 must ensure that those appliances are
manufactured and installed in such a manner to
minimise as far as practicable--
(a) the hazards and risks to the safety of the
public arising from the gas installation; and
15 (b) the hazards and risks to property arising
from the gas installation.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
20 1000 penalty units.
63. Duty of manufacturer of Type B gas installations
A manufacturer of a class of Type B gas
installations to which an accepted safety case
applies must ensure that those gas installations are
25 manufactured in such a manner to minimise as far
as practicable--
(a) the hazards and risks to the safety of the
public arising from the gas installations; and
(b) the hazards and risks to property arising
30 from the gas installations.
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Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
5 64. Compliance with safety case is a defence
It is a defence to a prosecution of a person for an
offence relating to a breach of a duty set out in
section 61, 62 or 63 if the person has complied
with the accepted safety case in relation to that
10 duty.
Division 4--Approval or authorisation to undertake certain
gas work
65. Approval of persons to carry out upstream gas work
(1) Any person may apply to the Office for approval
15 to carry out upstream gas work in relation to a
particular facility or class of facility.
(2) An application under sub-section (1) must--
(a) be in writing; and
(b) contain the prescribed information; and
20 (c) be accompanied by the relevant prescribed
fee.
(3) The Office may grant an approval under this
section to a person to undertake upstream gas
work or a particular class of upstream gas work in
25 relation to a particular facility or class of facility if
the Office is satisfied that the applicant has the
appropriate qualifications and experience to
undertake that work.
(4) An approval under this section is granted subject
30 to--
(a) any terms, conditions or limitations specified
in the approval; and
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(b) any terms, conditions or limitations which
are prescribed.
(5) The Office may at any time suspend or cancel an
approval given under this section.
5 66. Offence to carry out upstream gas work without
approval or authorisation
A person must not carry out upstream gas work in
relation to any facility unless the person--
(a) is approved under section 65 to carry out that
10 work; or
(b) is authorised under an accepted safety case
to carry out that work.
Penalty: In the case of a natural person,
50 penalty units;
15 In the case of a body corporate,
250 penalty units.
67. Standard of gas work
A person who carries out gas work in relation to a
facility must carry out that work competently and
20 with due regard to safety.
Division 5--Appliances and gas installations
68. Authorisation of acceptance scheme
The Office, by notice published in the
Government Gazette, may declare any acceptance
25 scheme for appliances or any part of the scheme
specified in the notice to be authorised for the
purposes of this Act.
69. Acceptance of appliance by Office
(1) The Office, on the application of any person, may
30 accept an appliance or class of appliances for the
purposes of this Act.
(2) An application must--
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(a) be in writing; and
(b) contain or be accompanied by the prescribed
information; and
(c) be made in accordance with the regulations;
5 and
(d) be accompanied by the relevant prescribed
fee.
(3) The Office must notify the applicant in writing of
its decision--
10 (a) to accept an appliance or class of appliances;
or
(b) to accept an appliance or class of appliances
subject to the conditions specified by the
Office; or
15 (c) not to accept an appliance or class of
appliances.
(4) The conditions specified by the Office in respect
of an appliance or class of appliances may
include--
20 (a) requirements for the testing of the appliance
or appliances in accordance with the
regulations by a person or body approved by
the Office; and
(b) requirements for modifications to be made to
25 the appliance or appliances; and
(c) requirements for the affixing of compliance
plates to the appliance or appliances in
accordance with the regulations.
(5) Without limiting sub-section (3), the Office may
30 decide not to accept an application under this
section if an acceptance scheme authorised under
this Division exists for the appliance.
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(6) If the Office decides not to accept an appliance or
class of appliance under this section it must notify
the applicant in writing of the reasons for the
decision.
5 (7) If the Office accepts an appliance or class of
appliance subject to conditions, the acceptance
takes effect in respect of an appliance when the
conditions are complied with.
70. Offence to install certain Type A appliances
10 A person must not knowingly install a Type A
appliance unless the appliance has been--
(a) accepted under an acceptance scheme
authorised under this Division; or
(b) accepted by the Office under this Division.
15 Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
71. Offence to supply or sell unaccepted appliances
20 A person must not supply or offer to supply or sell
or offer to sell a Type A appliance unless the
appliance has been--
(a) accepted under an acceptance scheme
authorised under this Division; or
25 (b) accepted by the Office under this Division.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
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72. Compliance with prescribed standards and
requirements for work on gas installation
(1) A person carrying out gasfitting work must ensure
that that work complies with--
5 (a) the prescribed standards and requirements in
relation to that work; or
(b) the standards determined by the Office under
the regulations in relation to that work.
Penalty: In the case of a natural person,
10 40 penalty units;
In the case of a body corporate,
200 penalty units.
(2) A person carrying out gasfitting work on an
appliance or gas installation must ensure that the
15 appliance or gas installation complies with--
(a) the prescribed standards and requirements in
relation to that appliance or gas installation;
or
(b) the standards determined by the Office under
20 the regulations in relation to that work.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
25 (3) A person may apply to the Office in accordance
with the regulations for an exemption from all or
any of the standards or requirements referred to in
this section.
(4) The Office may grant the exemption if the Office
30 is satisfied that--
(a) compliance with the standard or requirement
does not warrant the cost of compliance; and
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(b) the degree of safety attained by other means
is acceptable.
(5) An exemption may be granted on such conditions
as are specified in the exemption.
5 (6) A person to whom an exemption applies must
comply with any conditions specified in the
exemption.
Penalty: In the case of a natural person,
40 penalty units;
10 In the case of a body corporate,
200 penalty units.
73. Acceptance of gas installation
(1) A person who carries out work on a Type B gas
installation or a Type A gas installation of a
15 prescribed class must apply to the Office for
acceptance of the installation before the
installation is commissioned.
Penalty: In the case of a natural person,
40 penalty units;
20 In the case of a body corporate,
200 penalty units.
(2) An application must--
(a) be in writing; and
(b) contain or be accompanied by the prescribed
25 information; and
(c) contain or be accompanied by a statement of
compliance in the prescribed form made and
signed by a prescribed person or a person in
a prescribed class of persons; and
30 (d) be made in accordance with the regulations;
and
(e) be accompanied by the relevant prescribed
fee.
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(3) The Office must notify the applicant in writing of
its decision--
(a) to accept the gas installation; or
(b) to accept the gas installation subject to the
5 conditions specified by the Office; or
(c) not to accept the gas installation.
(4) The conditions specified by the Office in respect
of a gas installation may include--
(a) requirements for the testing of the gas
10 installation in accordance with the
regulations by a person or body approved by
the Office; and
(b) requirements for modifications to be made to
the gas installation; and
15 (c) requirements for the affixing of compliance
plates to the gas installation in accordance
with the regulations.
(5) If the Office decides not to accept a gas
installation under this section it must notify the
20 applicant in writing of the reasons for the
decision.
(6) If the Office accepts a gas installation subject to
certain conditions, the acceptance takes effect
when the conditions are complied with.
25 (7) This section does not apply to a gas installation if
an accepted safety case applies in relation to the
gas installation.
(8) This section does not apply to repair or
maintenance work on a gas installation.
30 74. Offence to use Type B appliance
Except in the prescribed circumstances, a person
must not use a Type B appliance unless the gas
installation of which that appliance forms part--
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(a) has been accepted by the Office in
accordance with this Division; or
(b) has been installed in accordance with an
accepted safety case.
5 Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
75. Offence to supply or sell certain appliances without
10 giving required information
If section 74 applies to a Type B appliance, a
person must not supply or offer to supply or sell
or offer to sell a Type B appliance unless the
person first informs the person to whom the
15 supply or sale or offer is to be made of the
requirements of section 74.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
20 200 penalty units.
76. Prohibition of supply of appliances or components
(1) The Office, by notice published in the
Government Gazette and in a newspaper
circulating generally in the State, may prohibit the
25 supply or sale of an appliance or component or
appliances or components of a specified class
from the date of publication of the notice in the
Government Gazette or from such later date as is
specified in that notice.
30 (2) The Office, by notice in writing given to a person,
may prohibit that person from supplying or selling
an appliance or component or appliances or
components of a specified class from the date of
the notice or such later date as is specified in the
35 notice.
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(3) The Office may exercise a power of prohibition
under this section only if it appears to the Office
that--
(a) the appliance or component or an appliance
5 or component of that class is, or is likely to
become, by reason of its design or
construction, unsafe to use; and
(b) prohibition of the supply or sale of the
appliance or component or of all appliances
10 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 appliance or component, or
appliances or components of that class.
15 (4) The Office may withdraw a prohibition made
under sub-section (1) by notice published in the
Government Gazette and in a newspaper
circulating generally in the State.
(5) The Office may withdraw a prohibition made
20 under sub-section (2) by notice given to the
person to whom the prohibition was given.
(6) This section applies whether or not the appliance
or component or class of appliances or
components was accepted by the Office or
25 accepted under an acceptance scheme authorised
under this Division.
77. Offence to disobey prohibition
(1) A person must not, while a prohibition under
section 76(1) remains in force, do anything
30 prohibited by that prohibition.
Penalty: In the case of a natural person,
200 penalty units;
In the case of a body corporate,
1000 penalty units.
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(2) A person must not, while a prohibition under
section 76(2) remains in force, do anything
prohibited by that prohibition.
Penalty: In the case of a natural person,
5 200 penalty units or 2 years
imprisonment or both;
In the case of a body corporate,
1000 penalty units.
78. Recall of appliances or components
10 (1) The Office may make a requirement under this
section only if it appears to the Office that--
(a) an appliance or component is, or is likely to
become, by reason of its design or
construction, unsafe to use; or
15 (b) specific action is necessary--
(i) to make the appliance or component or
appliances or components of that class
safe to use; or
(ii) to render safe the use of the appliance
20 or component or appliances or
components of that class.
(2) The Office, by notice in writing served on a
person whose business is or includes the supply or
sale of appliances or components and who has
25 supplied or sold the appliance or component or
other appliances or components of the same class,
may require the person to take, within the period
specified in the notice, the action specified in the
notice.
30 (3) The action specified in the notice may consist of
or include--
(a) sending a written request to the person to
whom the appliance or component or an
appliance or component of the same class,
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s. 79
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was supplied or sold to return the appliance
or component to the place at which it was
supplied or sold;
(b) placing an advertisement in a form approved
5 by the Office in a newspaper or newspapers
specified by the Office for a period or
periods specified by the Office, requesting
all persons to whom an appliance or
component of that class was supplied or sold
10 to return the appliance or component to the
place at which it was supplied or sold;
(c) making the appliance or component or
appliances or components of that class safe
to use or rendering safe the use of that
15 appliance or 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 person of
whom the requirement was made.
20 (5) This section applies whether or not the appliance
or component or class of appliances or
components was accepted by the Office or
accepted under an acceptance scheme authorised
under this Division.
25 79. Offence to fail to comply with requirement
A person of whom a requirement is made under
section 78 must comply with that requirement.
Penalty: In the case of a natural person,
200 penalty units or 2 years
30 imprisonment or both;
In the case of a body corporate,
1000 penalty units.
_______________
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s. 80
Act No.
PART 4--GAS APPEALS BOARD
80. Establishment
(1) There is established by this Act a Board to be
called the Gas Appeals Board.
5 (2) The members of the Gas Appeals Board are to be
appointed by the Governor in Council on the
recommendation of the Minister.
(3) The Gas Appeals Board is to consist of--
(a) a person appointed to be chairperson of the
10 Board; and
(b) as many other persons as the Minister
considers necessary for the purposes of this
Act, and who, in the Minister's opinion, have
experience in the gas industry or in matters
15 related to that industry or in law or public
administration.
(4) Schedule 1 has effect with respect to the
membership and procedure of the Gas Appeals
Board.
20 81. Right of appeal
(1) A person who is aggrieved by a decision of the
Office set out in sub-section (2) may appeal
against the decision in accordance with this Part.
(2) An appeal may be made to the Gas Appeals Board
25 in relation to the following--
(a) a decision under section 65 not to approve a
person to carry out upstream gas work;
(b) a decision under section 65 to cancel or
suspend an approval given under that
30 section;
(c) a refusal under section 69 to accept an
appliance;
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84
Act No.
(d) a refusal under section 73 to accept a gas
installation;
(e) a condition on an acceptance under section
69 or 73;
5 (f) a prohibition under section 76;
(g) a requirement under section 78;
(h) a decision of the Office under the regulations
which is prescribed for the purposes of this
section.
10 (3) A person to whom an improvement notice or
prohibition notice is issued under Part 6 may
appeal to the Gas Appeals Board against the
notice.
(4) An appeal under sub-section (3) must be lodged
15 with the Gas Appeals Board within 7 days after
the notice is issued.
(5) Any other appeal under this section must be
lodged with the Gas Appeals Board within the
relevant prescribed time after notice of the
20 decision, refusal, prohibition or requirement
which is the subject of the appeal is received by
the appellant.
82. Effect of decisions under appeal
An appeal under this Part does not stay the
25 operation of the decision under appeal, unless the
Gas Appeals Board otherwise determines.
83. Nature of an appeal
(1) An appeal under this Part is in the nature of a
re-hearing.
30 (2) On an appeal the Gas Appeals Board may
consider matters not raised before the decision
under appeal was made.
84. What action can be taken on appeal?
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(1) The Gas Appeals Board must consider and
determine an appeal and by its determination
may--
(a) affirm the decision under appeal; or
5 (b) quash the decision under appeal; or
(c) vary the decision under appeal; or
(d) set the decision under appeal aside and--
(i) substitute its own determination; or
(ii) remit the decision to the Office for
10 reconsideration in accordance with any
directions or recommendations that it
considers appropriate.
(2) In considering and determining an appeal, the Gas
Appeals Board has in addition to its other powers
15 all the powers of the Office and the Director in
relation to the decision under appeal.
(3) The Gas Appeals Board may make any ancillary
or incidental orders that it considers necessary to
give effect to its determination on an appeal.
20 85. Duties of the Office
(1) The Office must give the Gas Appeals Board such
assistance as the Board may require including the
provision of all the information in relation to the
appeal available to the Office.
25 (2) The Office must take such action as is necessary
to give effect to a determination of the Gas
Appeals Board under this Part.
_______________
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s. 86
Act No.
PART 5--INSPECTION
Division 1--Appointment of inspectors
86. Inspectors
(1) The Director may appoint an officer or employee
5 of the Office to be an inspector for the purpose of
this Act.
(2) The Director must give an identity card to each
officer and employee who is appointed an
inspector.
10 (3) The identity card--
(a) must be signed by the Director; and
(b) bear a photograph and the signature of the
officer or employee.
(4) An inspector must, in the course of performing his
15 or her functions under this Act, produce his or her
identity card to any person who requests its
production.
Penalty: 5 penalty units.
(5) In this section, "officer or employee" includes an
20 agent or contractor of the Office authorised by the
Office to carry out certain functions.
Division 2--Powers of entry--general
87. Powers of entry--safety cases and gas incidents
(1) An inspector may exercise powers under this
25 section only to the extent that is reasonably
necessary to do so for the purpose of--
(a) investigating a gas incident; or
(b) determining compliance with a safety case.
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(2) An inspector may enter any residence or the land
on which a residence is situated if--
(a) the inspector gives the occupier not less than
24 hours notice, or such other notice as may
5 be agreed with the occupier, before the
inspector enters the land or residence; and
(b) the occupier consents in writing to that entry;
and
(c) the entry occurs only between 8 a.m. and
10 6 p.m., unless the occupier consents in
writing to entry outside those hours.
(3) An inspector may enter any other land or premises
during normal business hours.
(4) In carrying out an inspection under this section, an
15 inspector must--
(a) cause as little harm and inconvenience or
damage as possible; and
(b) not remain on the land or premises any
longer than is reasonably necessary; and
20 (c) leave the land or premises as nearly as
possible in the same condition as it was
found prior to the inspection being carried
out.
(5) An inspector may not exercise any powers under
25 this section if the inspector fails to produce, on
request, his or her identity card for inspection by
the occupier of the land or premises.
88. Occupier to be given copy of consent
(1) An occupier who consents in writing to entry of
30 his or her residence or the land on which the
residence is situated under section 87 must be
given a copy of the signed consent immediately.
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(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry under section 87.
5 89. Emergency access
(1) An inspector may enter any land or premises at
any time in an emergency if there is a threat to the
safety of persons or property arising from a
situation relating to gas.
10 (2) If an inspector exercises a power of entry under
this section, without the owner or occupier being
present, the inspector must, on leaving the land or
premises, leave a notice setting out--
(a) the time of entry; and
15 (b) the purpose of entry; and
(c) a description of all things done while on the
land or premises; and
(d) the time of departure; and
(e) the procedure for contacting the Office for
20 further details of the entry.
90. Powers on entry
(1) On exercising a power of entry under this
Division, an inspector may for the purpose for
which the power of entry was exercised--
25 (a) search the land or premises and anything
found at the land or premises;
(b) inspect and take photographs (including
video recordings), or make sketches, of the
land or premises or anything on the land or
30 at the premises;
(c) inspect, and make copies of, or take extracts
from, any document kept on the land or at
the premises;
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(d) seize anything on the land or at the premises
the inspector believes on reasonable grounds
that it is necessary to seize in order to
prevent its concealment, loss or destruction;
5 (e) examine, test and, if necessary, disconnect,
seize and remove or otherwise make safe any
appliance, gas installation, gas pipe, gas
fitting, apparatus or equipment that the
inspector considers unsafe or does not
10 comply with this Act or the regulations or
was involved in a gas incident.
(2) If an inspector is unable to ascertain the identity
of the owner or custodian of anything seized, the
inspector must--
15 (a) leave a receipt with, or post it to, the owner
of the land or premises from which the thing
was seized; and
(b) if a document is seized, leave a copy of the
document, if practicable, with, or post it to,
20 the owner of the land or premises from
which the document was seized.
91. Return of things seized
(1) If an inspector seizes a thing under section 90, the
inspector must take reasonable steps to return the
25 thing to the person from whom it was seized if the
reason for its seizure no longer exists.
(2) If the thing has not been returned within 14 days
after it is seized, the inspector must take
reasonable steps to return it unless--
30 (a) proceedings have commenced and those
proceedings (including any appeal) have not
been completed; or
(b) a court makes an order under section 92
extending the period of 14 days.
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92. Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates' Court
before the expiration of the period referred to in
section 90 or within a period extended by the
5 Court under this section for an extension of that
period.
(2) The Magistrates' Court may order such an
extension if satisfied that retention of the thing is
necessary--
10 (a) for the purposes of an investigation into
whether an offence has been committed; or
(b) to enable evidence of an offence to be
obtained for the purposes of a prosecution.
(3) The Court may adjourn an application to enable
15 notice of the application to be given to any person.
93. Entry to be reported to Gas Appeals Board
(1) If an inspector exercises a power of entry under
this Division, the inspector must report the
exercise of the power to the Gas Appeals Board in
20 accordance with the regulations.
(2) The Gas Appeals Board must keep a register
containing the prescribed particulars of all matters
reported to it under this section.
Division 3--Powers of entry--enforcement
25 94. Powers of entry--enforcement
(1) If an inspector has reasonable grounds for
suspecting that there is on any land or premises a
particular thing that may be evidence of the
commission of an offence against this Act or the
30 regulations, the inspector may--
(a) enter the land or premises; and
(b) search for the thing.
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Act No.
(2) An inspector must not enter land or premises
under this Division except--
(a) with the written consent of the occupier of
the land or premises; or
5 (b) under the authority of a search warrant.
95. Occupier to be given copy of consent
(1) An occupier who consents in writing to entry of
his or her land or premises under section 94 must
be given a copy of the signed consent
10 immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
the contrary is proved, that the occupier did not
consent to the entry and search.
15 96. Search warrant
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
land or premises if the inspector believes on
reasonable grounds that there is, or may be within
20 the next 72 hours, on the land or premises a
particular thing that may be evidence of the
commission of an offence against this Act or the
regulations.
(2) A magistrate may issue a search warrant under
25 this section if the magistrate is satisfied by
evidence on oath, whether oral or by affidavit, that
there are reasonable grounds for suspecting that
there is, or may be within the next 72 hours, on
land or premises a particular thing that may be
30 evidence of the commission of an offence against
this Act or the regulations.
(3) The search warrant may authorise an inspector
named in the warrant and any assistants the
inspector considers necessary--
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s. 97
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(a) to enter the land or premises, or part of the
land or premises, named or described in the
warrant; and
(b) to search for the thing named or described in
5 the warrant.
(4) In addition to any other requirement, a search
warrant issued under this section must state--
(a) the offence suspected; and
(b) the land or premises to be searched; and
10 (c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
subject; and
(e) whether entry is authorised to be made at any
15 time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
have effect.
(5) A search warrant must be issued in accordance
20 with the Magistrates' Court Act 1989 and in the
form prescribed under that Act.
(6) The rules to be observed with respect to search
warrants mentioned in the Magistrates' Court
Act 1989 extend and apply to warrants under this
25 section.
97. Announcement before entry
(1) Before executing a search warrant, the inspector
named in the warrant or a person assisting the
inspector named in the warrant must--
30 (a) announce that he or she is authorised by the
warrant to enter the land or premises; and
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(b) give any person at the land or premises an
opportunity to allow entry to the land or
premises.
(2) The inspector or a person assisting the inspector
5 need not comply with sub-section (1) if he or she
believes on reasonable grounds that immediate
entry to the land or premises is required to
ensure--
(a) the safety of any person; or
10 (b) that the effective execution of the warrant is
not frustrated.
98. Copy of warrant to be given to occupier
If the occupier or another person who apparently
represents the occupier is present at the land or
15 premises when a search warrant is being executed,
the inspector must--
(a) identify himself or herself to that person by
producing his or her identity card for
inspection by that person; and
20 (b) give to that person a copy of the execution
copy of the warrant.
Division 4--General
99. Power of inspector to require information or
documents
25 (1) An inspector may exercise powers under this
section only to the extent that it is reasonably
necessary to do so for the purpose of--
(a) investigating a gas incident; or
(b) investigating an emergency where there is a
30 threat to the safety of persons or property
arising from a situation relating to gas; or
(c) determining compliance with a safety case.
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s. 100
Act No.
(2) An inspector may require a person to give
information to the inspector, to produce
documents to the inspector and to give reasonable
assistance to the inspector.
5 (3) A person must not refuse or fail, without
reasonable excuse, to comply with a requirement
made under sub-section (2).
Penalty: In the case of a natural person,
200 penalty units;
10 In the case of a body corporate,
1000 penalty units.
100. Offence to give false information to inspector
A person must not--
(a) give information to an inspector under this
15 Part that the person knows to be false or
misleading in a material particular; or
(b) produce a document to an inspector under
this Part that the person knows to be false or
misleading in a material particular without
20 indicating the respect in which it is false or
misleading and, if practicable, providing
correct information.
Penalty: In the case of a natural person,
200 penalty units;
25 In the case of a body corporate,
1000 penalty units.
101. Copying of documents
If a person produces a document to an inspector in
accordance with a requirement under section 99,
30 the inspector may make copies of, or take extracts
from, the document.
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102. Protection against self-incrimination
A natural person may refuse or fail to give
information, produce a document or do any other
thing that the person is required to do by or under
5 this Part if the giving of the information, the
production of the document or the doing of that
other thing would tend to incriminate the person.
103. Offence to obstruct inspector
A person must not without reasonable excuse
10 obstruct or hinder an inspector exercising
functions under this Act.
Penalty: In the case of a natural person,
300 penalty units or 3 years
imprisonment or both;
15 In the case of a body corporate,
1500 penalty units.
104. Police to assist inspectors
An inspector may request the assistance of a
member of the police force and a member of the
20 police force may assist an inspector to take any
action authorised by this Part.
105. Impersonation of inspector
A person must not impersonate an inspector.
Penalty: 100 penalty units.
25 _______________
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107
Act No.
PART 6--ENFORCEMENT
Division 1--Directions
106. Director may give directions
(1) The Director may, in writing, direct any person--
5 (a) to cease the supply of gas to a facility, gas
installation or appliance; or
(b) to make adjustments to the gas flow or to
pressure in a pipeline; or
(c) to disconnect a gas installation from the gas
10 supply--
if the Director considers that it is necessary to do
so for safety reasons.
(2) The Director may, in writing, direct a person--
(a) to cease to use a particular facility, gas
15 installation or appliance; or
(b) to make safe a facility, gas installation or
appliance; or
(c) to do any other thing necessary to make an
unsafe gas situation safe--
20 if the Director considers that it is necessary to do
so for safety reasons.
(3) A person must comply with a direction under this
section that applies to the person.
Penalty: In the case of a natural person,
25 300 penalty units or 3 years
imprisonment or both;
In the case of a body corporate,
1500 penalty units.
107. Additional powers in emergencies
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(1) In addition to the powers under section 106, the
Director may do anything or give any direction
that the Director considers necessary to make a
gas emergency situation safe.
5 (2) A person must comply with a direction under this
section that applies to the person.
Penalty: In the case of a natural person,
500 penalty units or 5 years
imprisonment or both;
10 In the case of a body corporate,
2500 penalty units.
108. Defence to certain offences if complying with
Director's directions
It is a defence to a prosecution for a breach of an
15 accepted safety case if the person who breached
the safety case acted in accordance with the
direction of the Director under this Division.
109. Immunity from suit
A person acting in good faith in the execution of
20 any direction under this Division is not liable to
any action, claim or demand on account of any
damage, loss or injury sustained or alleged to be
sustained because of any thing done under the
direction.
25 Division 2--Improvement and prohibition notices
110. Director or inspector may issue improvement notice
(1) The Director or an inspector may issue an
improvement notice to a person if the Director or
inspector is of the opinion that the person--
30 (a) is contravening any provision of this Act or
the regulations; or
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(b) has contravened such a provision in
circumstances that make it likely that the
contravention will be continued or repeated.
(2) The improvement notice may require the person to
5 whom it is issued to remedy the contravention or
likely contravention or the matters or activities
occasioning the contravention or likely
contravention.
(3) An improvement notice must--
10 (a) state that the Director or inspector is of the
opinion that the person--
(i) is contravening a provision of this Act
or the regulations; or
(ii) has contravened such a provision in
15 circumstances that make it likely that
the contravention will be continued or
repeated; and
(b) state the reasons for that opinion; and
(c) specify the provision of this Act or the
20 regulations in respect of which that opinion
is held; and
(d) specify the day (being a day more than 7
days after the day on which the notice is
issued) before which the person is required
25 to remedy the contravention or likely
contravention or the matters or activities
occasioning the contravention or likely
contravention.
111. Offence not to comply with improvement notice
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(1) A person to whom an improvement notice is
issued must comply with the improvement notice.
Penalty: In the case of a natural person,
80 penalty units;
5 In the case of a body corporate,
400 penalty units.
(2) Sub-section (1) does not apply during any period
that the operation of the improvement notice is
stayed by the Gas Appeals Board.
10 112. Director or inspector may issue prohibition notice
(1) If the Director or an inspector is of the opinion
that at any place there is occurring or may occur
any activity which involves or will involve
immediate risk to the safe conveyance, sale,
15 supply, measurement, control or use of gas, the
Director or inspector may issue a prohibition
notice to the person who has or may be reasonably
presumed to have control over the activity.
(2) The prohibition notice may prohibit the carrying
20 on of the activity until the Director or an inspector
certifies in writing that the matters which give or
will give rise to the risk are remedied.
(3) A prohibition notice must--
(a) state that the Director or inspector is of the
25 opinion that at the place there is occurring or
may occur any activity which involves or
will involve immediate risk to the safe
conveyance, sale, supply, measurement,
control or use of gas; and
30 (b) state the reasons for that opinion; and
(c) specify the activity which in the Director's or
the inspector's opinion involves or will
involve an immediate risk to the safe
conveyance, sale, supply, measurement,
35 control or use of gas; and
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(d) if in the Director's or the inspector's opinion
the activity involves a contravention or
likely contravention of any provision of this
Act or the regulations, specify that provision
5 and state the reasons for that opinion.
113. Offence not to comply with prohibition notice
(1) A person to whom a prohibition notice is issued
must comply with the prohibition notice.
Penalty: In the case of a natural person,
10 500 penalty units or 5 years
imprisonment or both;
In the case of a body corporate,
2500 penalty units.
(2) Sub-section (1) does not apply during any period
15 that the operation of the prohibition notice is
stayed by the Gas Appeals Board.
114. Notices may include directions
(1) The Director or an inspector may include in an
improvement notice or a prohibition notice
20 directions as to the measures to be taken to
remedy any contravention, likely contravention,
risk, matters or activities to which the notice
relates.
(2) A direction under sub-section (1) may offer the
25 person to whom it is issued a choice of ways in
which to remedy the contravention, likely
contravention, risk, matters or activities.
Division 3--Other matters
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115. Offences by bodies corporate
(1) If a body corporate commits an offence against
this Act or the regulations, any officer of the body
corporate who was in any way, by act or omission,
5 directly or indirectly knowingly concerned in or
party to the commission of the offence is also
guilty of that offence and liable to the penalty for
it.
(2) A person may be proceeded against and convicted
10 under a provision in accordance with sub-section
(1) whether or not the body corporate has been
proceeded against or convicted under that
provision.
(3) Nothing in this section affects any liability
15 imposed on a body corporate for an offence
committed by the body corporate against this Act
or the regulations.
(4) If in a proceeding for an offence against this Act
or the regulations it is necessary to establish the
20 intention of a body corporate, it is sufficient to
show that a servant or agent of the body corporate
had that intention.
(5) In sub-section (1), "officer", in relation to a body
corporate, means--
25 (a) a director, secretary or executive officer of
the body corporate; or
(b) any person in accordance with whose
directions or instructions the directors of the
body corporate are accustomed to act; or
30 (c) a person concerned in the management of the
body corporate.
116. Offences by partnerships or unincorporated
associations
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If this Act or a regulation made under this Act
provides that a person is guilty of an offence, that
reference to a person must--
(a) in the case of a partnership, be read as a
5 reference to each member of the partnership;
and
(b) in the case of an unincorporated body or
association, be read as a reference to each
member of the committee of management of
10 the body or association.
117. False or misleading information
(1) A person must not give information that is false or
misleading in a material particular to the Office or
to an officer or employee of the Office in
15 connection with an application, notice or
submission under this Act or the regulations.
Penalty: In the case of a natural person,
100 penalty units;
In the case of a body corporate,
20 500 penalty units.
(2) In a proceeding for an offence against sub-section
(1), it is a defence for the accused to prove that the
accused believed on reasonable grounds--
(a) in the case of false information, that the
25 information was true; and
(b) in the case of misleading information, that
the information was not misleading.
_______________
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PART 7--GENERAL
118. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
5 (a) the safe conveyance, sale, supply,
measurement, control and use of gas;
(b) prescribing the standards of quality of gas to
be conveyed, supplied or sold and
empowering the Office to exempt a gas
10 company from those standards in prescribed
circumstances;
(c) requiring the keeping of records of factors
affecting gas quality;
(d) tempered liquefied petroleum gas plants;
15 (e) the safe storage of gas in vessels which have
an aggregate capacity not exceeding 500
litres and which are connected to a gas
installation;
(f) specifying the requirements and standards
20 with which a safety case must comply;
(g) specifying procedures for acceptance and
revision of safety cases;
(h) requiring a safety case to nominate the
persons who are to carry out gas work or a
25 class of gas work in any part of the facility or
in relation to a gas installation to which the
safety case applies;
(i) requiring a safety case to nominate an
independent auditor to monitor compliance
30 with a safety case;
(j) providing for the keeping of records in
relation to safety cases;
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(k) empowering the Office to exempt a safety
case from all or any of the requirements of
the regulations made in relation to safety
cases;
5 (l) the safety and acceptance of gas installations
and appliances and the standards and
requirements to apply to them, including
standards determined by the Office;
(m) prescribing or approving standards or
10 requirements for the quality and design of
materials, fittings and apparatus to be used in
or in connection with gas installations and
the methods to be followed in carrying out
gas installations;
15 (n) requiring gas installations to be kept in
proper repair;
(o) the safety and acceptance of gas
installations, appliances and components;
(p) regulating and requiring tests to be carried
20 out on appliances and gas installations before
acceptance by the Office;
(q) the information to be included in or to
accompany an application for acceptance of
an appliance or gas installation, including
25 details of tests;
(r) regulating and requiring the fixing of
compliance plates issued by the Office on
gas installations, appliances and
components;
30 (s) empowering an inspector to disconnect or
order the disconnection of an appliance or
gas installation from a gas supply;
(t) the supply or sale or offer of supply or sale
of appliances and components;
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(u) prescribing the qualifications and experience
required for persons engaged in upstream gas
work and gasfitting work on Type B gas
installations;
5 (v) notices to be given by persons proposing to
carry out gas work and carrying out or
completing the carrying out of any gas work;
(w) the testing of gas by the Office or an
authorised officer of a gas company to
10 ensure compliance with the prescribed
standards and requirements, including--
(i) prescribing the apparatus with which
and the methods by which tests are to
be made for testing the quality of gas
15 and the methods of recording those
tests;
(ii) prescribing the method and frequency
of checking the accuracy of that
apparatus;
20 (iii) prescribing the places and times at
which tests must be made;
(iv) requiring a gas company or an
authorised officer of a gas company to
certify that the tests have been carried
25 out in accordance with the regulations;
(x) the methods of recording the measurement of
gas;
(y) requiring or regulating the reporting of gas
incidents to the Office or a gas company;
30 (z) the proceedings of the Gas Appeals Board
and the procedure for appeals to that Board;
(aa) fixing fees and charges in respect of any
function or service carried out by the Office
including--
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(i) fees for the submission of safety cases
with the Office;
(ii) fees for the validation of safety cases
by the Office;
5 (iii) annual fees in relation to safety cases;
(iv) fees for any other application made to
or documents submitted to the Office
under this Act or the regulations;
(bb) fixing fees for appeals to the Gas Appeals
10 Board;
(cc) empowering the Office to waive or rebate
the payment of a fee in specified
circumstances;
(dd) prescribing penalties not exceeding 20
15 penalty units for breaches of the regulations;
(ee) prescribing any matter or thing authorised or
required to be prescribed or necessary or
convenient to be prescribed for carrying this
Act into effect.
20 (2) Regulations made under this Act may be made--
(a) so as to apply--
(i) at all times or at a specified time; or
(ii) throughout the whole of the State or in
a specified part of the State;
25 (b) so as to require a matter affected by the
regulations to be--
(i) in accordance with a specified standard
or specified requirement; or
(ii) approved by or to the satisfaction of a
30 specified person or body;
(c) so as to incorporate, adopt or apply wholly
or partially or as amended by the regulations,
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the provisions of any document, standard,
rule, specification or method formulated,
issued, prescribed or published by any
authority or body whether--
5 (i) as formulated, issued, prescribed or
published at the time the regulation is
made or at any time before the
regulation is made; or
(ii) as amended from time to time;
10 (d) so as to confer a discretionary authority on or
leave any matter to be determined by a
specified person or body;
(e) so as to provide, in a specified case or class
of cases for the exemption of persons or
15 things or a class of persons or things from
any of the provisions of the regulations,
whether unconditionally or on specified
conditions and either wholly or to the extent
specified.
20 _______________
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s. 119
Act No.
PART 8--REPEALS, CONSEQUENTIAL AMENDMENTS AND
TRANSITIONAL PROVISIONS
Division 1--Repeals and consequential amendments
119. Repeal of certain provisions of the Gas Industry Act
5 1994
(1) In section 3 of the Gas Industry Act 1994, the
definitions of "gas incident", "inspector" and
"Office" are repealed.
(2) Section 46 of the Gas Industry Act 1994 is
10 repealed.
(3) In section 102(1) of the Gas Industry Act 1994,
paragraphs (a), (b), (d), (e), (f), (fb), (fc), (fd) and
(fe) are repealed.
(4) Section 105 of the Gas Industry Act 1994 is
15 repealed.
(5) Part 14 of the Gas Industry Act 1994 is
repealed.
120. Amendment of Dangerous Goods Act 1985
In section 9(e) of Dangerous Goods Act 1985
20 after "applies" (where secondly occurring) insert
"or the conveyance of gas to which the Gas
Safety Act 1997 applies".
121. Amendment of Building Act 1993
(1) In section 221B of the Building Act 1993, in the
25 definition of "plumbing laws" for "Gas Industry
Act 1994" substitute "Gas Safety Act 1997".
(2) In section 221E of the Building Act 1993 after
sub-section (2) insert--
"(3) Despite sub-section (1) a person who is
30 authorised under an accepted safety case
under the Gas Safety Act 1997 and
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registered under section 221R to carry out a
particular class or type of gasfitting work for
which a compliance certificate is required
may carry out that work without being
5 licensed by the Board.".
(3) At the end of section 221F of the Building Act
1993 insert--
"(2) Despite sub-section (1) a person who is
authorised under an accepted safety case
10 under the Gas Safety Act 1997 and
registered under section 221R to carry out a
particular class or type of gasfitting work
which is specialised plumbing work may
carry out that work without being licensed
15 by the Board to carry out that class or type of
work.".
(4) In section 221R(1) of the Building Act 1993 for
paragraph (b) substitute--
"(b) it is satisfied that the person--
20 (i) has sufficient knowledge and
experience to carry out that work
competently and safely; or
(ii) is authorised under an accepted safety
case under the Gas Safety Act 1997 to
25 carry out that work.".
(5) In section 221ZG of the Building Act 1993 for
"regulations made under the Gas Industry Act
1994" substitute "Gas Safety Act 1997".
(6) In sections 221ZZM, 221ZZT(1)(c) and
30 221ZZU(2) of the Building Act 1993 for "Gas
Industry Act 1994" substitute "Gas Safety Act
1997".
(7) In section 221ZW of the Building Act 1993, after
sub-section (10) insert--
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"(11) If the rectification notice relates to gasfitting
work, the inspector or auditor must give a
copy of the rectification notice to the
relevant gas distribution company.".
5 (8) In section 221ZZB of the Building Act 1993,
after sub-section (3) insert--
"(4) If the order relates to gasfitting work, the
plumbing inspector must give a copy of the
order to the relevant gas distribution
10 company.".
(9) In section 221ZZF of the Building Act 1993, after
sub-section (5) insert--
"(6) If the order relates to gasfitting work, the
plumbing inspector must give a copy of the
15 order to the relevant gas distribution
company.".
122. Amendment of Borrowing and Investment Powers Act
1987
In Schedule 1 to the Borrowing and Investment
20 Powers Act 1987, after item 9A insert--
"9B Office of Gas Safety 5, 8, 10, 11, 11AA, 12,
14, 15, 20, 20A and
21".
Division 2--Transitional provisions
25 123. Transitional provision--Office of Gas Safety
The Office of Gas Safety established by this Act
continues to be the same body as that established
under section 116 of the Gas Industry Act 1994.
124. Transitional provisions--gas installations
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(1) Sections 34(2), 73 and 74 do not apply to a gas
installation existing at the date of commencement
of this section.
(2) Sub-section (1) ceases to apply to a gas
5 installation if a modification is made to the gas
installation on or after the commencement of this
section, other than a modification associated with
the repair or maintenance of the gas installation.
(3) Subject to sub-section (2), sub-section (1) ceases
10 to apply to a liquefied petroleum gas installation
at the end of 5 years after the commencement of
this section.
125. Transitional provisions--existing gas installation
work
15 (1) In this section "old regulations" means the Gas
and Fuel Corporation (Gas Installation)
Regulations 1992.
(2) On the commencement of this section--
(a) a notice of compliance sent under regulation
20 19(2) of the old regulations before that
commencement in respect of a gas
installation but not accepted before that
commencement is deemed to be an
application for acceptance under section 73
25 in respect of that gas installation;
(b) an acceptance under the old regulations
before that commencement of a notice of
compliance in respect of a gas installation is
deemed to be an acceptance of the gas
30 installation under section 73;
(c) a submission sent under regulation 21 of the
old regulations before that commencement in
respect of a gas installation but not accepted
before that commencement is deemed to be
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an application for acceptance made under
section 73 in respect of that gas installation;
(d) an acceptance under regulation 21 of the old
regulations before that commencement of a
5 submission in respect of a gas installation is
deemed to be an acceptance of the gas
installation under section 73.
126. Transitional provision--appliances
An appliance which was approved under an
10 approval scheme of the Australian Gas
Association A.C.N. 004 206 044 before the
commencement of this section and was still
approved at that commencement is deemed on that
commencement to be accepted under an
15 acceptance scheme declared under section 68.
_______________
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SCHEDULE 1
MEMBERSHIP AND PROCEDURE OF GAS APPEALS
BOARD
PART 1--MEMBERSHIP
5 1. Term of Appointment
(1) Subject to this clause, a member of the Gas Appeals Board
holds office for a period, not exceeding 3 years, specified in
the instrument of his or her appointment.
(2) A member of the Gas Appeals Board is eligible for re-
10 appointment.
(3) The instrument of appointment of a member of the Gas
Appeals Board may specify terms and conditions of
appointment not inconsistent with this Act or the
regulations.
15 (4) The Governor in Council may at any time remove a member
of the Gas Appeals Board from office.
2. Remuneration and allowances
A member of the Gas Appeals Board (including the
chairperson) who is not a member of the public service or
20 the holder of a full-time statutory office is entitled to
receive--
(a) remuneration; and
(b) travelling or other allowances--
from time to time fixed by the Minister in respect of that
25 member.
3. Vacancies
(1) A member of the Gas Appeals Board may resign from
membership by letter signed by the member and delivered to
the Minister.
30 (2) The office of a member of the Gas Appeals Board becomes
vacant if the member--
(a) becomes bankrupt; or
(b) is convicted in Victoria of an offence punishable on
first conviction with imprisonment for a term of 12
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months or more or is elsewhere convicted of an
offence which, if committed in Victoria, would be so
punishable.
4. Application of Public Sector Management Act
5 A member of the Gas Appeals Board, in respect of the
office of member, is not subject to the Public Sector
Management Act 1992.
5. Decisions not affected by certain matters
An act or decision of the Gas Appeals Board is not invalid
10 only because--
(a) of a defect or irregularity in the appointment of a
member; or
(b) of a vacancy in its membership.
PART 2--PROCEDURE
15 6. Gas Appeals Board to sit in panels
(1) For the purposes of performing any of its functions, the Gas
Appeals Board may be constituted by a panel of 3 of its
members.
(2) The chairperson of the Gas Appeals Board may determine
20 which of its members are to constitute a panel for an appeal.
(3) If a panel includes the chairperson of the Gas Appeals
Board, he or she is the chairperson of the panel.
(4) If a panel does not include the chairperson of the Gas
Appeals Board, the members of the panel may elect the
25 chairperson of the panel.
(5) If, after an appeal has commenced before a panel, a member
of the panel becomes unavailable--
(a) if the parties to the appeal agree, the appeal may be
continued and completed before the remaining
30 members of the panel; and
(b) if the member who is unavailable is the chairperson of
the panel another chairperson of the panel must be
chosen in accordance with this clause.
(6) If the parties do not agree to continue an appeal under sub-
35 clause (5) the chairperson of the Gas Appeals Board must
arrange for the matter to be reconsidered by another panel,
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and that other panel may have regard to the earlier appeal
proceedings.
7. How to commence a proceeding
(1) A person may commence an appeal before the Gas Appeals
5 Board by serving a notice of appeal on the Board.
(2) The notice of appeal--
(a) must specify--
(i) the nature of the appeal; and
(ii) the grounds for the appeal; and
10 (iii) the relief sought; and
(b) must be in accordance with the regulations (if any);
and
(c) must be accompanied by the relevant prescribed fee.
(3) The person who serves a notice of appeal must without
15 delay serve a copy of that notice on the Office.
8. Parties to a proceeding
A person who, under clause 7, is entitled to be served with a
copy of a notice of appeal is a party to that appeal.
9. Conducting a proceeding
20 (1) The Gas Appeals Board must give the parties to the appeal
reasonable opportunity to make--
(a) oral or written submissions at a hearing; or
(b) written submissions in the case of a proceeding that is
not a hearing.
25 (2) Sections 14, 15, 16 and 21A of the Evidence Act 1958
apply to the Gas Appeals Board in relation to a proceeding
as if the Board were a Board appointed by the Governor in
Council.
(3) The Gas Appeals Board--
30 (a) may proceed by accepting written submissions or by
conducting a hearing; and
(b) may inform itself in any manner it thinks fits; and
(c) is bound by the rules of natural justice; and
(d) is not bound by any rule or practice as to evidence;
35 and
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(e) may conduct an appeal in private if it considers it in
the public interest or the interest of justice to do so,
but must otherwise hold its hearing in public; and
(f) must proceed with as little formality and technicality
5 and with as much expedition as the requirements of
this Act and the regulations and the proper
consideration of the matter before it permit; and
(g) may proceed with the hearing in the absence of a
party to the appeal if it is satisfied that the party has
10 been given reasonable notice of the date, time and
place of the hearing; and
(h) may at any time adjourn the appeal; and
(i) may deal with appeals or classes of appeals together if
it is satisfied that they relate to the same parties or the
15 same or related subject-matter; and
(j) may seek the independent advice of a person to assist
it in dealing with the appeal.
(4) A party to an appeal may appear at a hearing before the Gas
Appeals Board or do anything else in relation to an appeal
20 before that Board either personally or through an agent.
(5) The Gas Appeals Board must disclose to each party to an
appeal any advice it receives under sub-clause (3)(j) and
give each party a reasonable opportunity to make
submissions about that advice before determining the
25 appeal.
10. Appeal may be dismissed if frivolous or vexatious
The Gas Appeals Board may dismiss an appeal if it
considers that the appeal is vexatious or frivolous.
11. Determinations and reasons
30 (1) A determination of the Gas Appeals Board must be in
writing.
(2) The determination may include any order as to costs that the
Gas Appeals Board, on the application of a party to the
appeal, considers is just.
35 (3) The determination may include any other incidental order or
direction that the Gas Appeals Board considers is necessary.
(4) The Gas Appeals Board must without delay cause a copy of
its determination in any appeal to be served on each party to
the appeal.
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(5) Within one month after being served with a copy of the Gas
Appeals Board's determination, or within any further time
allowed by the Board, a party to an appeal may request the
Board to give to the party written reasons for its
5 determination.
(6) The Gas Appeals Board must comply with a request
received under sub-clause (5) without delay after receiving
it.
(7) The Gas Appeals Board may make public any of its
10 determinations in any manner it thinks fit.
(8) The Gas Appeals Board is not bound by its earlier
determinations.
12. Costs
Unless the Gas Appeals Board otherwise determines, a party
15 to an appeal before the Board must bear his, her or its own
costs.
13. Correction of errors
(1) On its own initiative or at the request of a party to a
proceeding, the Gas Appeals Board may make a
20 determination correcting an earlier determination in which
there is--
(a) a clerical error or accidental slip or omission; or
(b) an evident material miscalculation of figures; or
(c) an evident material mistake in the description of a
25 person, property or thing.
(2) The powers of the Gas Appeals Board under sub-clause (1)
may also be exercised on behalf of the Board by--
(a) the chairperson of a panel; or
(b) the chairperson of the Gas Appeals Board, if the
30 relevant panel or the chairperson of the panel is
unavailable.
14. Enforcement of determination
A determination of the Gas Appeals Board may be enforced
as if it were a judgment or order of a court of competent
35 jurisdiction.
15. Register
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The Registrar of the Gas Appeals Board must keep a
Register of proceedings and determinations of the Board.
16. Authentication of documents
(1) A document required or authorised to be prepared by the
5 Gas Appeals Board must be taken to be authenticated by
that Board if it is signed by the Registrar of the Gas Appeals
Board and either the chairperson of the panel or the
chairperson of the Gas Appeals Board.
(2) The production of a document purporting to be a copy of a
10 record of an act or decision of the Gas Appeals Board and
purporting to be signed by the Registrar is evidence and, in
the absence of evidence to the contrary, is proof that a
decision in those terms was duly made by the Board or that
the stated act was duly done by the Board.
15
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Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
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