Commerce Regulations Amendment (Gas Standards) Regulations 2023 (WA)
Western Australia
Gas Standards Act 1972
Western Australia
Gas Standards Act 1972
Made by the Governor in Executive Council.
These regulations are the
These regulations come into operation as follows —
(a) Part 1 — on the day on which these regulations are published on the WA legislation website;
(b) the rest of the regulations — on the day after that day.
This Part amends the
(1) In regulation 3(1) delete the definitions of:
(2) In regulation 3(1) insert in alphabetical order:
(a) in relation to doing gasfitting work — a person who is registered as the holder of a certificate of competency, a permit or an authorisation to do the work; or
(b) in relation to supervising gasfitting work — a person who is authorised under Part 3A Division 1 to supervise the work;
(a) a person who does the work in a prescribed capacity under regulation 6; or
(b) a person who does the work under a permit that authorises the person to do the work, but only with supervision;
Note for this definition:
A person who is a supervised gas fitter in relation to particular gasfitting work may be a person who supervises gas fitters in relation to other gasfitting work.
Delete regulation 6 and insert:
For the purposes of section 13A(2) of the Act, a person does gasfitting work in a prescribed capacity if the person —
(a) does not hold a certificate of competency, a permit or an authorisation that authorises the person to do the work; and
(b) does the work under the supervision of a registered gas fitter who is authorised under Part 3A Division 1 to supervise the work.
In regulation 11 after “gasfitting” insert:
work
(1) In regulation 12(1):
(a) after “gasfitting” (1
st occurrence) insert:
work
(b) in paragraph (a) delete “gasfitting; and” and insert:
gasfitting work; and
(c) in paragraph (c) delete “gasfitting.” and insert:
gasfitting work.
(2) In regulation 12(2) delete “gasfitting,” and insert:
gasfitting work,
In regulation 13(1) delete “do or to supervise.” and insert:
do.
Delete regulation 15(2) and (3).
Note: The heading to amended regulation 15 is to read:
Delete regulation 16(2).
Note: The heading to amended regulation 16 is to read:
After regulation 16 insert:
(1) In this regulation —
(a) holds a certificate of competency or permit that authorises the person to do gasfitting work of any class with or without supervision; and
(b) is doing gasfitting work in a class of relevant gasfitting work for the purpose of gaining adequate knowledge and skill to be eligible for a permit to do gasfitting work of that class without supervision.
(2) A certificate of competency or permit authorises the holder to supervise relevant gasfitting work if —
(a) the relevant gasfitting work is work that the certificate or permit authorises the holder to do; and
(b) the certificate or permit does not have a restriction, limitation or condition endorsed on it that would require the holder, if the holder were to do the relevant gasfitting work themselves, to be supervised while doing the work; and
(c) the holder’s supervision of the relevant gasfitting work does not conflict with any restriction, limitation or condition endorsed on the certificate or permit; and
(d) the person doing the relevant gasfitting work is a supervisee.
A certificate of competency or permit authorises the holder to supervise Class I gasfitting work if —
(a) the gasfitting work is work that the certificate or permit authorises the holder to do; and
(b) the certificate or permit does not have a restriction, limitation or condition endorsed on it that would require the holder, if the holder were to do the gasfitting work themselves, to be supervised while doing the work; and
(c) the holder’s supervision of the gasfitting work does not conflict with any restriction, limitation or condition endorsed on the certificate or permit.
(1) In this regulation —
(2) An authorisation authorises the holder to supervise gasfitting work if —
(a) the gasfitting work is being done for the employer specified in the authorisation; and
(b) the gasfitting work is work that the authorisation authorises the holder to do; and
(c) the authorisation does not have a restriction, limitation or condition endorsed on it that would require the holder, if the holder were to do the gasfitting work themselves, to be supervised while doing the work; and
(d) the holder’s supervision of the gasfitting work does not conflict with any restriction, limitation or condition endorsed on the authorisation.
A registered gas fitter supervising gasfitting work must ensure that —
(a) the person doing the gasfitting work complies with these regulations; and
(b) the gasfitting work is work that the registered gas fitter is authorised to supervise under Division 1.
Delete regulation 19.
Delete regulation 42(2)(b) and insert:
(b) to a supervised gas fitter who becomes aware of the incident while doing gasfitting work and who reports the incident to a registered gas fitter who is —
(i) supervising the gasfitting work; and
(ii) authorised under Part 3A Division 1 to supervise the gasfitting work.
Note: The heading to amended regulation 42 is to read:
Delete regulation 42A(2)(b) and insert:
(b) to a supervised gas fitter who notifies the defect to a registered gas fitter who is —
(i) supervising the gasfitting work being done by the supervised gas fitter; and
(ii) authorised under Part 3A Division 1 to supervise the gasfitting work.
Note: The heading to amended regulation 42A is to read:
In regulation 42B(2) in the Table after item 26 insert:
27. Small gas engine driven appliances to which AS/NZS 5263.1.11 applies |
This Part amends the
In regulation 3(1) after “the purposes” insert:
of
In Schedule 1 under the heading “
(a) before the item relating to r. 18(2) insert:
r. 16D | Failing to ensure that person doing gasfitting work complies with regulations and that gasfitting work is work supervising gas fitter is authorised to supervise .......................................................................... | $600 | $3 000 |
(b) delete the item relating to r. 19.
V. MOLAN, Clerk of the Executive Council
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