Gas Act Amendment Act 1976 (Qld)

309 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 35 of 1976 An Act to amend the Gas Act 1965-1974 in certain particulars [ASSENTED TO 28TH APRIL, 1976] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Gas Act Amendment Act 1976. (2) In this Act the Gas Act1965-1974 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Gas Act1965-1976.

310 Gas Act Amendment Act 1976, No. 35 2. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the words " PART IV-GAS SUPPLIED THROUGH A GAS UNDERTAKING " and substituting the words " PART IV-GAS SUPPLIED UNDER A FRANCHISE "; (b) omitting the words " PART VII-REGULATION OF PRICE FOR GAS " and substituting the words " PART VII-REGULATION OF THE BUSINESS AND OPERATIONS OF GAS SUPPLIERS ". 3. Amendment of s. 5. Section 5 of the Principal Act is amended by- (a) omitting from the definition "Carburetted water gas " the word " Inflammable " and substituting the word " Flammable "; (b) inserting after the definition " Carburetted water gas " the following definition:- " " Chief gas examiner "-The chief gas examiner appointed under the provisions of this Act: The term includes any person for the time being carrying out the functions and duties of that office;"; (c) omitting from the definition " Coal gas " the word " inflammable " and substituting the word " flammable "; (d) omitting the definition " Cylinder "; (e) inserting in the definition " Fittings " after the words " everything used " wherever they occur the words " , designed or intended for use "; (f) inserting in the definition " Franchise " after the words " this Act " the words " : The term includes the right, subject to Part V of this Act, to be the sole supplier of bulk liquefied petroleum gas within such area "; (g) in the definition " Gas ", (i) inserting after the word " Includes " the words " hydrogen gas, hydrocarbon gases,'" ; (ii) omitting the words " of such "; (h) omitting from the definition " Private purposes " the words " , not being a `° public purpose " as herein defined "; (i) omitting the definition " Public purposes ". 4. New s. 7A. The Principal Act is amended by inserting after section 7 the following section:- "7A. Power to delegate. (1) The chief gas examiner may either generally or otherwise as provided by the instrument of delegation, by writing signed by him, delegate to any gas examiner all or any of his powers, functions and duties except this power of delegation. (2) A power, function or duty so delegated, if exercised or performed by the delegate, shall be exercised or performed in accordance with the instrument of delegation.

Gas Act Amendment Act 1976, No. 35 311 (3) A delegation may be made subject to such terms and limitations as the chief gas examiner thinks fit including a requirement that the delegate shall report to the chief gas examiner upon his exercise or performance of the delegated power, function or duty. (4) The chief gas examiner may make such and so many delegations of the same power, function or duty and to such number of persons as he considers necessary or desirable. (5) A delegation is revocable at the will of the chief gas examiner and does not prevent the exercise of a power or the performance of a function or duty by him.". 5. Amendment of s. 8. Section 8 of the Principal Act is amended in subsection (1) by- (a) in provision (a), (i) inserting after the words " which is used " the words " , designed or intended to be used "; (ii) inserting after the words " believes to be used " the words " , designed or intended to be used "; (b) omitting from provision (c) the words " is apparently " and substituting the words " who appears to the gas examiner to be for the time being "; (c) in provision (e), (i) inserting before the words " container, vehicle or vessel " wherever they occur the word " fitting,"; (ii) adding at the end thereof the words " or that such fitting, container, vehicle or vessel is intended for use in contravention of or non-compliance with the provisions of this Act "; (d) inserting after provision (e) the following expression and words:--- 11 , (f) require the production of any certificate prescribed by this Act to be had, and any book, notice, record, list or writing which by this Act is required to be kept or exhibited, and inspect, examine and take copies or extracts from the same". 6. Amendment of s. 10A. Section lOA of the Principal Act is amended by-- (a) omitting from subsection (1) the words " or involving flammable and substituting the words ", involving or affecting gas or the production, supply or distribution of "; (b) omitting subsection (2) and substituting the following subsection :-- " (2) A person required to notify the chief gas examiner in accordance with subsection (1) is excused from so doing where, to his knowledge, all details known to him have been notified to the chief gas examiner by another of the persons so required to notify the chief gas examiner.";

312 Gas Act Amendment Act 1976, No. 35 (c) adding the following subsections:- (3) When an accident which any person is required, by and in accordance with the provisions of subsection (1), to notify the chief gas examiner immediately that person becomes aware of the accident occurs, no person shall move or otherwise interfere with the place of the accident or any thing involved in the accident unless he first obtains the permission of a gas examiner or, if a gas examiner is not available, a member of the Police Force save where such movement or interference is necessary to save life, relieve suffering or to prevent damage to property. A person who moves or interferes with the place of that accident or any thing involved in that accident shall immediately furnish the gas examiner referred to in subsection (4) with full details thereof unless such examiner otherwise directs. (4) Upon tieing informed of an accident referred to in subsection (1), the chief gas examiner or other gas examiner nominated by him may enquire as he considers necessary into the circumstances of the accident with a view to establishing the cause thereof and shall make a written report of his findings which, in the case of a gas examiner other than the chief gas examiner, shall be made to the chief gas examiner. In discharging his duty under this subsection a gas examiner may require any person to inform him of what that person knows concerning the accident and may inspect any book, notice, record. list. register. writing or other document of whatever description and take possession or copies of or extracts from the same. Any person who conceals any particulars or who gives or tenders false or misleading particulars regarding an accident caused by, involving or affecting gas or the production, supply or distribution of' gas or regarding the nature of the injury or damage caused by that accident commits an offence against this Act.". 7. Amendment of heading PART IV, etc. The Principal Act is amended by omitting the heading " PART [V--GAS SUPPLIED THROUGH A GAS UNDERTAKING " before section 23 and substituting the heading " PART IV-GAS SUPPLIED UNDER A FRANCHISE ". 8. Amendment of s. 23. Section 23 of the Principal Act is amended by omitting the words " through a gas undertaking " wherever they occur and substituting in each case the words " under a franchise ". 9. Amendment of s. 28 . Section 28 of the Principal Act is amended by-- (a) omitting from the first paragraph all the words from and including the words " situated along " to and including the words " gas supplier and "; (b) omitting the second paragraph: (c) inserting at the end of the third paragraph the words " and the cost of so much of' any main in excess of a distance of' 20 metres laid for the purpose Of such supply ".

Gas Act Amendment Act 1976, No. 35 3l 10. Amendment of s. 31 . Section 31 of the Principal Act is amended by omitting from subsection (2) (a) the words " through a gas undertaking and substituting the words " as the holder of a franchisee". 11. Amendment of s. 32. Section 32 of the Principal Act is amended by- (a) in subsection (2), omitting from the heading the words " with respect to undertaking " and substituting the words " to ensure continuous supply of gas "; (b) inserting after subsection (2) the following subsection:- (2A) Minister's powers to ensure satisfactory progress. (a) The Minister may at any time by notice in writing require a as supplier to furnish him with any information within a time specified in such notice with a view to determining if the gas supplier is making satisfactory progress in establishing, maintaining or expanding the business of supplying gas within the scope of a franchise granted to that gas supplier. The gas supplier shall furnish the information referred to in such notice within the time specified therein. (b) Irrespective of whether the Minister seeks information under paragraph (a) or whether a gas supplier supplies information. if, in the Minister's opinion, a gas supplier is not making satisfactory progress in establishing, maintaining or expanding the business of supplying gas within the scope of a franchise granted to that gas supplier (whether or not persons are entitled to apply to be supplied with gas under the provisions of subsection (2) and whether or not such an application has been made), the Minister may, by notice in writing, call upon the gas supplier to show cause within a period of not less than one month specified in such notice why the Minister should not direct the gas supplier to do such things- (a) as are specified in the notice; and (b) as are within the scope of the franchise; and (c) as are directed towards satisfactory progress in establishing, maintaining or expanding the business of supplying gas. If such cause is not shown to the Minister's satisfaction within the period specified, the Minister may, in writing, direct the gas supplier to do all or any of the things specified in the notice to show cause and such other things as may be .incidental or ancillary thereto. The Minister shall specify in the direction a date before which or a period within which the things directed to be done shall be done.". 12. Amendment of s. 39. Section 39 of the Principal Act is amended by omitting from subsection (1) all words from and including the words " Within a period " to and including the words " later to expire)," and substituting the words " In relation to the area of a franchise ". 11

314 Gas Act Amendment Act 1976, No. 35 13. Amendment of heading PART VII, etc. The Principal Act is amended by omitting the heading " PART VII-REGULATION OF PRICE FOR GAS " before section 41 and substituting the heading " PART VII- REGULATION OF THE BUSINESS AND OPERATIONS Or GAS SUPPLIERS ". 14. Amendment of s. 41. Section 41 of the Principal Act is amended by omitting the words " and with respect to the price of gas thus supplied ". 15. Amendment of s. 43 . Section 43 of the Principal Act is amended in subsection (3), by- (a) in the first paragraph, (i) inserting after the words " furnish to him " the words " within a period of not less than 21 days specified in the notice "; (ii) inserting after the words " he is " the word " not "; (iii) omitting after the word " was " the word " not " ; (d) omitting from the fourth paragraph the expression " $1,000 " and substituting the words " $1 000 and a further penalty of $250 for each day or part thereof during which the failure to comply continues after conviction ". 16. Amendment of s. 51. Section 51 of the Principal Act is amended by adding at the end of subsection (5) the following paragraph:- " Where the Court is of the opinion that its determination is or is substantially based upon the further evidence adduced by or on behalf of the gas supplier, the gas supplier shall not be entitled to an award for his costs of the appeal and his costs and costs (if any) awarded by the Court against him shall be deducted from the amount payable as dividend in the period for which a dividend is declared next succeeding the date of the Court's determination of the appeal.". 17. Amendment of s. 60. Section 60 of the Principal Act is amended by adding thereto the following subsection: " (5) The regulations may- (a) adopt, wholly or in part and either by way of reference or by way of express specification therein, any of the standard rules, codes, or specifications of the bodies known as the Standards Association of Australia, the British Standards Institution, the Australian Gas Association, the Australian Liquefied Petroleum Gas Association or a like body identified in the regulations; (b) provide for the approval of the chief gas examiner to be the standard applicable in respect of a particular matter; (c) provide that such things as are specified therein shall not be done except by a person who holds a licence issued under this Act, notwithstanding that a licence issued or continued under any other Act authorizes such thing to be done.".

Gas Act Amendment Act 1976, No. 35 315 18. New ss. 60A , 60B. The Principal Act is amended by inserting after section 60 the following sections:- " 60A. Provisions to ensure standards and safety requirements complied with . Any person who- (a) instals , maintains, alters or repairs any system, pipe, container , fitting, works or anything used, designed or intended for use in or in connection with the supply, distribution or consumption of gas; or (b) stores, distributes, supplies, transports or handles gas, shall comply in every respect with- (c) the provisions of this Act with respect to those things; and (d) the prescribed standards and manner of installing, maintaining, altering or repairing those things; and (e) all directions (if any) given by the chief gas examiner with respect thereto, and shall ensure that all work is carried out competently and with due regard to safety. Where a direction in the nature of a safety requirement has been given by the chief gas examiner under the provisions of clause 8 of Schedule II to the holder of a franchise and that holder ensures that the direction is carried out competently then that holder shall be deemed with respect to the subject matter of the direction to have carried out that work with due regard to safety. 60B. Provisions with respect to defective or dangerous fittings. (1) Notwithstanding the provisions of sections 28 and 36, no person shall be obliged to give or supply gas, or to continue so to do, to any premises or places in which fittings are incomplete, defective or do not comply with the standards prescribed by this Act. (2) Where a gas supplier or other prescribed person is of opinion that in any premises, place or part thereof there exists a danger or likelihood of danger to the safety of persons or things caused, directly or indirectly, by fittings which are defective or do not comply with the prescribed standards, he shall immediately disconnect the supply of gas from those premises, place or part thereof and shall not reconnect the supply of gas to those premises, place or part thereof whilst such danger or likelihood of danger continues to exist. A gas supplier or other prescribed person who disconnects the supply of gas from any premises, place or part thereof under this subsection shall forthwith notify in writing the chief gas examiner of the disconnection and the reason therefor.". 19. Amendment of s. 61. Section 61 of the Principal Act is amended by omitting from subsection (3) the word " six " and substituting the word " twelve ".

316 Gas Act Amendment Act 1976, No. 35 20. New s. 61A. The Principal Act is amended by inserting after section 61 the following section:- 61,t. Power of Court to order cause of contravention to be remedied . (1) Where any person is convicted of an offence under this Act, the court may, in addition to inflicting a penalty, order him, within the time specified in the order, to take such steps as may be specified therein for remedying the matters in respect of which the contravention occurred and may, on application, enlarge the time so specified. (2) Where such an order is made, that person shall not be liable under this Act in respect of the continuation of the contravention during the time allowed by the court, but if, after the expiration of the time as originally specified or enlarged by subsequent order, the order is not complied with, that person shall be liable to a fine not exceeding 5100 for each day on which the non-compliance continues." 21. Amendments to Sch. II. Schedule II of the Principal Act is amended by- (a) adding to clause 8 the following subclause:- " (5) A holder who does any of the things permitted by this clause to be done shall comply in every respect with- (a) the provisions of this Act with respect to such things; and (b) the prescribed standards and manner of doing those things; and (c) all directions (if any) given by the chief gas examiner with respect to each of such things, and shall ensure that all work is carried out competently. Where no direction has been given by the chief gas examiner in relation to such things (or part thereof) the holder shall ensure that all things done are done safely and all fittings systems, mains, pipes, vehicles, vessels and things used, designed, or intended for use in connection with a gas undertaking are safe.". (b) in clause 9- (i) inserting after the words " any place to " the words " or through "; (ii) omitting all words from and including the words " in any place " to and including the words " supply of gas " and substituting the words " to or through which the holder supplies or has agreed to supply gas "; (c) in clause 10, (i) omitting from the first paragraph the words " with whom the holder has a contract for the supply of gas " and substituting the words " to whom the holder supplies or has agreed to supply gas "; (ii) omitting the second paragraph. 22. Amendments to Sch. IV. Schedule IV of the Principal Act is amended by- (a) inserting in clause 3 after the words " such persons " the words (including the specification of types of licences and qualifications therefor, who may sponsor a licensee, the duties and responsibilities of a

Gas Act Amendment Act 1976, No. 35 317 sponsor and the recognition, cancellation and revocation of Gasfitter's Licences issued under The Sewerage, Water Supply, and Gasfitting Acts, 1949 to 1967) " ; (b) inserting in clause 5 after the word " used " the words ", designed or intended for use "; (c) inserting after clause 6 the following clauses:- " 6A. Providing for the regular inspection of fittings and the issue of certificates of compliance with the standards prescribed for those fittings. 6B. Providing for the control and regulation of the dealing in (including selling, disposing and transferring) fittings."; (d) inserting in clause 9 after the words " in respect" the words thereof and "; (e) adding at the end of clause 11 the words ", the fixing of security deposits demandable by gas suppliers and regulating the terms and conditions upon which such deposits are to be held "; (f) adding at the end thereof the following clause:- " 13. Providing for exemptions from compliance with the regulations or part thereof.". 23. Amendments with respect to penalties . (1) The Principal Act is amended as set out in Part I of the schedule to this Act. (2) Schedule II of the Principal Act is amended as set out in Part II of the schedule to this Act. THE SCHEDULE AMENDMENTS WITH RESPECT TO PENALTIES PART I Provision to be amended Omit [s. 23 (1) Insert Section 13 (3) Section 26 Section 29 (5) Section 31 (6) .. .. Provision (a) of section 32 (3) Provision (b) of section 32 (3) Provision (d) of section 40A (4) Section 43B Section 51 (2) Section 54 (2) Section 61 (2) one hundred dollars two hundred dollars ten dollars two hundred dollars twenty dollars two hundred dollars twenty dollars one thousand dollars twenty dollars $1,000 .. One thousand dollars fifty dollars five hundred dollars S500 $500 S50 5500 S50 S1 000 5500 S1 500 S50 $2 000 S2 000 5100 51 000

318 Gas Ar t Amendment Act 1976, No. 35 PART II Provision to be amended Omit clause 17(2) clause 17A (1) clause 17A (4) clause 17A (5) clause 18 (9) clause 21 clause 23"(1) 1 Ten dollars 51,000 $1,000 $2,000 S10 Forty dollars ten dollars [s. 23 (2) Insert S20 $2000 S2000 S4 000 S25 $100 S25