GAS SAFETY ACT 1997

Victorian Consolidated Legislation

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GAS SAFETY ACT 1997

No. 99 of 1997
Version incorporating amendments as at 1 July 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
4. Declaration of gaseous fuel
5. Declaration of gas company
6. Declaration of pipeline to be a transmission line
7. Exemptions
8. Crown to be bound

PART 2-ENERGY SAFE VICTORIA

9. Objectives of Energy Safe Victoria
10. Functions of Energy Safe Victoria
11. Funding
12-31. Repealed

PART 3-GAS SAFETY

Division 1-General duties of gas companies

32. General duties of gas companies
33. Gas quality
34. Offence to supply or sell gas for unsafe gas installation
35. Offence to supply or sell gas where emergency plumbing order applies
36. Mandatory reporting of gas incidents

Division 2-Safety case for facility

37. Safety case
38. Validation of safety case for a facility
39. Additional information
40. Acceptance of safety case
41. Provisional acceptance of safety case
42. Non-acceptance of safety case
43. Energy Safe Victoria may determine safety case
44. Compliance with safety case
45. Revision of safety case-change
46. Revision of safety case-each 5 years
47. Energy Safe Victoria may request submission of revised safety case
48. Offence to fail to submit revised safety case on request
49. Application of provision to revised safety case
50. Compliance with safety case is defence

Division 3-Safety case for gas installation

51. Definitions
52. Safety case for complex gas installation in manufacturing or industrial premises
53. Safety case for supply and installation of Type B appliances in manufacturing or industrial premises
54. Safety case for manufacture of complex gas installations
55. Exemption from regulations
56. Compliance with safety case
57. Revision of safety case-each 5 years
58. Energy Safe Victoria may request submission of revised safety case
59. Compliance with request
60. Lapsing of safety case
61. Duty of operator of complex gas installation
62. Duty of manufacturer of Type B appliances
63. Duty of manufacturer of complex gas installations
64. Compliance with safety case is a defence

Division 4-Approval or authorisation to undertake certain gas
work

65. Approval of persons to carry out upstream gas work
66. Offence to carry out upstream gas work without approval or authorisation
67. Standard of gas work

Division 5-Appliances and gas installations

68. Authorisation of acceptance scheme
69. Acceptance of appliance by Energy Safe Victoria
69A. Declaration of non-acceptance of appliance
70. Offence to install certain Type A appliances
71. Offence to supply or sell unaccepted appliances
71A. Offence to sell unsafe appliances
71B. False labelling in relation to Type A appliances
71C. Unsafe modifications to Type A appliances
72. Compliance with prescribed standards and requirements for
work on gas installation
73. Acceptance of gas installation
74. Offence to use Type B appliance
75. Offence to supply or sell certain appliances without giving required information
76. Prohibition of supply or sale of gas installations, appliances
and components
77. Offence to disobey prohibition
78. Recall of gas installations, appliances or components
79. Offence to fail to comply with requirement

Division 6-Further offences relating to gas safety

79A. Supply or sale of certain types of liquefied petroleum gas
79B. Interference with gas company pipelines
79C. Interference with transmission pipelines
79D. Interference with pipeline, gas installation or meter assembly

PART 3A-ENERGY EFFICIENCY

79E. Proclaimed gas equipment
79F. Proclaimed gas equipment not to be supplied unless registered and labelled

PART 4-RIGHTS OF REVIEW

80. Applications to review
81-85. Repealed

PART 5-INSPECTION

Division 1-Appointment of inspectors

86. Inspectors

Division 2-Powers of entry-general

87. Powers of entry-safety cases and gas incidents
88. Occupier to be given copy of consent
89. Emergency access
90. Powers on entry
91. Return of things seized
92. Magistrates' Court may extend period
93. Entry to be reported to the Director

Division 3-Powers of entry-enforcement

94. Powers of entry-enforcement
95. Occupier to be given copy of consent
96. Search warrant
97. Announcement before entry
98. Copy of warrant to be given to occupier

Division 4-General

99. Power of inspector to require information or documents
100. Offence to give false information to inspector
101. Copying of documents
102. Protection against self-incrimination
103. Offence to obstruct inspector
104. Police to assist inspectors
105. Impersonation of inspector

PART 6-ENFORCEMENT

Division 1-Directions

106. Director may give directions
107. Additional powers in emergencies
107A. Power of Minister
107B. Delegation by Director
108. Defence to certain offences if complying with Director's directions
109. Protection from liability
109A. Protection of persons executing directions

Division 2-Improvement and prohibition notices

110. Director or inspector may issue improvement notice
111. Offence not to comply with improvement notice
112. Director or inspector may issue prohibition notice
113. Offence not to comply with prohibition notice
114. Notices may include directions

Division 3-Other matters

115. Offences by bodies corporate
116. Offences by partnerships or unincorporated associations
117. False or misleading information
117AA. Period within which proceedings for offences may be
brought

PART 6A-INFRINGEMENT NOTICES

117AB. Definitions
117AC. Power to serve a notice
117AD. Repealed
117AE. Infringement penalties
117AF-117AK Repealed

PART 7-GENERAL

117A. Supreme Court-limitation of jurisdiction
118. Regulations

PART 8-REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS

Division 1-Repealed

119-122. Repealed

Division 2-Transitional provisions

123. Repealed
124. Transitional provisions-gas installations
125. Transitional provisions-existing gas installation work
126. Transitional provision-appliances
127. Transitional provisions-abolition of the Gas Appeals Board
__________________
SCHEDULE 1-Transitional Provisions
1. Definitions
2. Abolition of the Gas Appeals Board
3. Pending proceedings
4. Determinations or orders made by Board
5. Power to resolve transitional difficulties
6. Transfer of registers
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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