Gas and Electricity (Plumbers, Gasfitters and Drainers) Amendment Act 1979 (NSW)

GAS A N D E L E C T R I C I T Y (PLUMBERS, GASFITTERS

A N D D R A I N E R S ) A M E N D M E N T A C T , 1979 , N o . 47

ANNO VICESIMO OCTAVO

ELIZABETHE II REGINE

Act N o . 47 , 1 9 7 9 .

An Act to amend the Gas and Electricity Act, 1935, consequen­ tially upon the enactment of the Plumbers, Gasfitters and Drainers Act, 1979. [Assented to, 9th May, 1979.1

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Gas and Electricity :

(Plumbers, Gasfitters and Drainers) Amendment Act, 1979".

1. (1) Except as provided by subsection ( 2 ) , this Act shall

commence on the date of assent to this Act.

(2) Section 3 shall commence on the day appointed and notified under section 2 (3) of the Plumbers, Gasfitters and Drainers Act, 1979.

1. The Gas and Electricity Act, 1935, is amended—

(a)	by omitting from section 83 (1) the words "A person" and by inserting instead the words "Except as provided by section 85 ( 2 A ) , a person";
(b)	( i) by omitting section 85 (1) ( a ) ;
(ii) by inserting in section 85 (1) (b) after the word "apparatus" the words "(including the control of persons carrying out or employing others to carry out any such work)" ;

(iii)   by omitting section 85 (2) and by inserting instead the following subsections :—

(2) Except as provided by subsection

( 2 A ) , the regulations may impose a penalty not

exceeding $100 for any breach thereof.

(2A ) The regulations may impose a penalty

not exceeding $2,000 for any breach of the

regulations for or with respect t o—

(a) the carrying out of gasfitting work of any class or description otherwise than by a person who—

(i) is the holder of a licence or certificate of registration granted under the Plumbers, Gasfitters and Drainers Act, 1979, in relation to which gasfitting work of that class or description is authorised work within the meaning of that Act; or

(ii)   does so under the immediate

supervision of the holder of such

a licence; or

(b) a person knowingly employing another to carry out gasfitting work of any class or description unless that other person—

(i) is the holder of a licence or certificate of registration granted under the Plumbers, Gasfitters and Drainers Act, 1979, in relation to which gasfitting work of that class or description is authorised work within the meaning of that Act; or

(ii)   does so under the immediate supervision of the holder of such a licence.