Western Australian Consolidated Acts Western Australian Consolidated Acts In this Act, unless
the contrary intention appears —
authorised officer means a person appointed to be
an authorised officer under section 6;
Commonwealth Act means the Liquefied Petroleum Gas
(Grants) Act 1980 of the Parliament of the Commonwealth or, if that Act
is amended, that Act as so amended;
Commonwealth Minister means the Minister of State
of the Commonwealth for the time being administering the Commonwealth Act;
eligible gas means —
(a)
liquefied petroleum gas; or
(b)
eligible reticulation gas;
eligible reticulation gas means gas supplied to
premises by means of pipes, being gas the production of which involves the use
of liquefied petroleum gas or naptha;
eligible use , in relation to eligible gas,
means —
(a) the
use of the gas at residential premises in providing food and drink for, in
providing heating, air-conditioning, hot water or similar amenities for, or in
meeting other domestic requirements of residents of the premises;
(b) the
use of the gas at a hospital; nursing home or other institution providing
medical or nursing care, not being an institution conducted for the profit,
direct or indirect, of a person;
(c) the
use of the gas at a school, not being a school conducted for the profit,
direct or indirect, of an individual or individuals; or
(d) any
other use of the gas outside a natural gas area, not being —
(i)
use in a prescribed industry; or
(ii)
use in the propulsion of a vehicle, other than a works
truck;
industry means a primary, secondary, or tertiary
industry, and includes a field of governmental activity, of public or
community services (including health and educational services) or of
entertainment, sport or recreation;
natural gas area means a part of Australia that
is, by virtue of a declaration in force under section 3A(1) of the
Commonwealth Act, a natural gas area for the purposes of that Act;
prescribed industry means an industry that is, by
virtue of a declaration in force under section 3B(1) of the Commonwealth
Act, a prescribed industry for the purposes of that Act;
registered distributor means —
(a) a
registered distributor of liquefied petroleum gas; or
(b) a
registered distributor of eligible reticulation gas;
registered distributor of eligible reticulation
gas means a distributor of eligible reticulation gas who is registered as such
a distributor in accordance with the scheme;
registered distributor of liquefied petroleum gas
means a distributor of liquefied petroleum gas who is registered as such a
distributor in accordance with the scheme;
residential premises means —
(a)
premises used as a house; or
(b)
other premises at which at least one person resides,
but does not include —
(c)
premises used to conduct the business of a hotel, motel or boarding house or a
similar business;
(d)
premises used as a hospital, nursing home or other institution providing
medical or nursing care;
(e)
premises used as a boarding school; or
(f)
premises referred to in paragraph (b) that are included in a class of
premises declared by the Commonwealth Minister, by notice published in the
Commonwealth of Australia Gazette , to be a class of premises that are not
residential premises for the purposes of the Commonwealth Act;
scheme means the scheme, as in force from time to
time, formulated by the Commonwealth Minister in relation to the State for the
purposes of the Commonwealth Act;
section means section of this Act;
subsection means subsection of the section in
which the term appears.
use , in relation to liquefied petroleum gas or
eligible reticulation gas, does not include sale or exchange;
works truck means —
(a) a
fork-lift truck; or
(b) any
other vehicle designed for use at a factory, warehouse, dock, airport or
similar place in transporting goods over short distances or in otherwise
handling goods.
(2) A reference in
this Act to liquefied petroleum gas sold for eligible use shall be read as
including a reference to liquefied petroleum gas that, by virtue of a
provision of the scheme, is deemed to have been sold for eligible use.
(2a) A reference in
this Act to liquefied petroleum gas sold for eligible use shall be read as not
including a reference to any liquefied petroleum gas that, by virtue of a
determination under a provision of the scheme, is deemed to have been sold
otherwise than for eligible use.
(2b) A reference in
this Act to eligible reticulation gas sold for eligible use shall be read as
not including a reference to any eligible reticulation gas that, by virtue of
a determination under a provision of the scheme, is deemed to have been sold
otherwise than for eligible use.
(3) A reference in
this Act to an Act of another State shall be read as including a reference to
a law of the Northern Territory.