Gas Safety Act 1997 (Vic)
Version No. 048
Gas Safety Act 1997
No. 99 of 1997
Version incorporating amendments as at
21 May 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
4Declaration of gaseous fuel
5Declaration of gas company
6Declaration of pipeline to be a transmission line
7Exemptions
8Crown to be bound
Part 2—Energy Safe Victoria
9Objectives of Energy Safe Victoria
10Functions of Energy Safe Victoria
11Funding
Part 3—Gas safety
Division 1—General duties of gas companies
32General duties of gas companies
33Gas quality
34Offence to supply or sell gas for unsafe gas installation
35Offence to supply or sell gas where emergency plumbing order applies
36Mandatory reporting of gas incidents
36APreservation of gas incident sites
Division 2—Safety case for facility
37Safety case
38Validation of safety case for a facility
39Additional information
40Acceptance of safety case
41Provisional acceptance of safety case
42Non-acceptance of safety case
43Energy Safe Victoria may determine safety case
44Compliance with safety case
45Revision of safety case—change
46Revision of safety case—every 5 years
47Energy Safe Victoria may request submission of revised safety case
48Offence to fail to submit revised safety case on request
49Application of provision to revised safety case
50Compliance with safety case is defence
Division 3—Safety case for gas installation
51Definitions
52Safety case for complex gas installation in manufacturing or industrial premises
53Safety case for supply and installation of Type B appliances in manufacturing or industrial premises
54Safety case for manufacture of complex gas installations
55Exemption from regulations
56Compliance with safety case
57Revision of safety case—every 5 years
58Energy Safe Victoria may request submission of revised safety case
59Compliance with request
60Lapsing of safety case
61Duty of operator of complex gas installation
62Duty of manufacturer of Type B appliances
63Duty of manufacturer of complex gas installations
64Compliance with safety case is a defence
Division 4—Approval or authorisation to undertake certain gas work
65Approval of persons to carry out upstream gas work
66Offence to carry out upstream gas work without approval or authorisation
67Standard of gas work
Division 5—Appliances and gas installations
68AADefinition
68Authorisation of acceptance scheme
69Acceptance of appliance by Energy Safe Victoria
69ADeclaration of non-acceptance of appliance
69BApproval of label for Type A appliances
70Offence to install certain Type A appliances
71Offence to supply or sell unaccepted or unlabelled appliances
71AOffence to sell unsafe appliances
71BFalse labelling in relation to Type A appliances
71CUnsafe modifications to Type A appliances
72Compliance with prescribed standards and requirements for work on gas installation
73Acceptance of gas installation
74Offence to use Type B appliance
75Offence to supply or sell certain appliances without giving required information
76Prohibition of supply or sale of gas installations, appliances and components
77Offence to disobey prohibition
78Recall of gas installations, appliances or components
79Offence to fail to comply with requirement
Division 6—Further offences relating to gas safety
79ASupply or sale of certain types of liquefied petroleum gas
79BInterference with gas company pipelines
79CInterference with transmission pipelines
79DInterference with pipeline, gas installation or meter assembly
79DASafety of gas installations—building work
Part 3A—Energy efficiency
79EProclaimed gas equipment
79FProclaimed gas equipment not to be supplied unless registered and labelled
Part 4—Rights of review
80Applications to review
Part 5—Inspection
Division 1—Appointment of inspectors
86Inspectors
Division 2—Powers of entry—general
87Powers of entry—safety cases and gas incidents
88Occupier to be given copy of consent
89Emergency access
90Powers on entry
91Return of things seized
92Magistrates' Court may extend period
93Entry to be reported to Energy Safe Victoria
Division 3—Powers of entry—enforcement
94Powers of entry—enforcement
95Occupier to be given copy of acknowledgement
96Search warrant
97Announcement before entry
98Copy of warrant to be given to occupier
Division 4—General
99Power of inspector to require information or documents
100Offence to give false information to inspector
101Copying of documents
102Protection against self-incrimination
103Offence to obstruct inspector
104Police to assist inspectors
105Impersonation of inspector
Part 6—Enforcement
Division 1—Directions
106Chairperson of Energy Safe Victoria may give directions
107Additional powers in emergencies
107APower of Minister
107BDelegation by Chairperson of Energy Safe Victoria
108Defence to certain offences if complying with directions of Chairperson of Energy Safe Victoria
109Protection from liability
109AProtection of persons executing directions
109BNotification to Minister
Division 1A—Enforceable undertakings
109CEnergy Safe Victoria may accept written undertakings
109DEnforcement of written undertakings
Division 1B—Injunctions
109DAInjunctions
109DBConsent injunctions
109DCInterim injunctions
109DDVariation and discharge of injunctions
109DEInjunction may be granted during offence proceedings
109DFUndertakings as to damages and costs
Division 2—Improvement and prohibition notices
110Issue of improvement notice
111Offence not to comply with improvement notice
112Issue of prohibition notice
113Offence not to comply with prohibition notice
114Notices may include directions
Division 3—Other matters
115Offences by bodies corporate
116Offences by partnerships or unincorporated associations
117False or misleading information
117AAWhen proceedings for offences may be commenced
Division 4—Adverse publicity orders
117AABAdverse publicity orders
Part 6A—Infringement notices
117ABDefinitions
117ACPower to serve a notice
117AEInfringement penalties
Part 7—General
117ASupreme Court—limitation of jurisdiction
118Regulations
Part 8—Repeals, consequential amendments and transitional provisions
Division 2—Transitional provisions
124Transitional provisions—gas installations
125Transitional provisions—existing gas installation work
126Transitional provision—appliances
127Transitional provisions—abolition of the Gas Appeals Board
128Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
129Transitional provision—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
Schedule 1—Transitional provisions
═══════════════
Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 048
Gas Safety Act 1997
No. 99 of 1997
Version incorporating amendments as at
21 May 2025
The Parliament of Victoria therefore enacts as follows:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to make provision for the safe conveyance, sale, supply, measurement, control and use of gas and to generally regulate gas safety.
2Commencement
(1)Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent.
(2)The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.
3Definitions
(1)In this Act—
acceptance scheme includes any approval, certification or endorsement scheme, however described;
accepted safety case means—
(a)a safety case or provisional safety case accepted under Division 2 or 3 of Part 3; or
(b)if a revised safety case has been accepted or provisionally accepted under Division 2 or 3 of Part 3, that revised safety case—
but does not include a safety case that has lapsed under Division 3 of Part 3;
AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
apparatus and works has the same meaning as it has in the Gas Industry Act 2001;
appliance means a device which uses gas to produce flame, heat, light, power or special atmosphere;
business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993;
Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the Energy Safe Victoria Act 2005;
Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;
Commissioner of Energy Safe Victoria means a Commissioner within the meaning of the Energy Safe Victoria Act 2005;
complex gas installation means a gas installation which is not a standard gas installation;
component means a component of an appliance or gas installation;
construction has the same meaning as it has in the Gas Industry Act 2001;
convey, in relation to gas, means to transmit, distribute or otherwise convey by pipeline;
decision for the purposes of Part 4 includes refusal, declaration, condition, prohibition or requirement;
* * * * *
distribute has the same meaning as it has in the Gas Industry Act 2001;
distribution pipeline has the same meaning as it has in the Gas Industry Act 2001;
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
facility means—
(a)a pipeline; or
(b)a facility or service for the control of the conveyance of gas; or
(c)a facility for the measurement of gas where the facility is connected to a transmission pipeline; or
(d)a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes); or
(e)a service which controls the quality of liquefied petroleum gas provided for supply or sale (other than liquefied petroleum gas used or intended to be used for automotive purposes); or
(f)a tempered liquefied petroleum gas plant;
gas means any gaseous fuel but does not include any gaseous fuel that is declared under section 4 not to be gas for the purposes of this Act or any provision of this Act;
gaseous fuel includes petrochemical feed stock;
gasfitting work means work carried out in connection with the installation, renewal, commissioning, replacement, modification, relocation, repair or maintenance of any gas installation or any part of any gas installation;
gas company means—
(a)a gas transmission company within the meaning of the Gas Industry Act 2001; or
(ab)AEMO; or
(b)a gas distribution company within the meaning of the Gas Industry Act 2001; or
(c)a gas retailer within the meaning of the Gas Industry Act 2001; or
(d)a person who is an owner or operator of a facility or service for the control of the conveyance of gas, being a person declared under section 5 to be a gas company for the purposes of this Act; or
(e)a person who is an owner or operator of a facility for the measurement of gas connected to a transmission pipeline; or
(f)a person who is an owner or operator of a pipeline, being a person declared under section 5 to be a gas company for the purposes of this Act; or
(g)a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act;
(h)a person who is an owner or operator of a service for the supply of liquefied petroleum gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act;
gas incident means any incident or event relating to the conveyance, supply or use of gas which causes or has the potential to cause—
(a)the death of or injury to a person; or
(b)significant damage to property; or
(c)an explosion;
gas installation means, in respect of the use or intended use of gas, a combination of—
(a)any pipe or system of pipes for or incidental to the conveyance of gas and components or fittings associated with the pipe or pipes which are downstream of the gas supply point; and
(b)any one or more of the following—
(i)any liquefied petroleum gas storage vessels with an aggregate capacity not exceeding 500 litres;
(ii)any appliance and associated components or fittings which are downstream of the gas supply point;
(iii)any meter which is downstream of the gas supply point;
(iv)any means of ventilation or system for the removal of combustion products which is downstream of the gas supply point;
gas supply point means—
(a)the outlet of a gas company's meter assembly; or
(b)the outlet of the primary shut-off valve of a liquefied petroleum gas storage vessel; or
(c)if paragraph (a) or (b) does not apply, the point of supply of gas;
gas work means gasfitting work and upstream gas work;
inspector means a person appointed as an inspector under Part 5;
meter means an instrument that measures the quantity of gas passing through it;
meter assembly means a system that includes a meter and any associated pipes, fittings, components, equipment or instruments;
* * * * *
operation has the same meaning as it has in the Gas Industry Act 2001;
person includes an unincorporated body or association and a partnership;
pipeline has the same meaning as it has in the Gas Industry Act 2001;
practicable in sections 32, 33, 61, 62 and 63, means practicable having regard to—
(a)in sections 32, 61, 62 and 63 the severity of the hazard or risk in question; and
(b)in section 33, the severity of the hazard or risk involved in not meeting a prescribed standard or requirement; and
(c)the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and
(d)the availability and suitability of ways to remove or mitigate the hazard or risk; and
(e)the cost of removing or mitigating the hazard or risk;
premises includes caravan, mobile home and vessel;
quality, in relation to gas, includes odorisation, purity, temperature, pressure and composition;
standard gas installation means—
(a)a gas installation—
(i)which contains only Type A appliances; and
(ii)which is located in residential premises of a prescribed class or on land associated with such premises; or
(b)a gas installation—
(i)which contains only Type A appliances; and
(ii)which is located in commercial premises of a prescribed class or on land associated with such premises; and
(iii)in which the total gas consumption of the appliances does not exceed the relevant prescribed amount per hour; and
(iv)which has a maximum metering pressure that is less than the prescribed maximum metering pressure or a maximum operating pressure that is less than the prescribed maximum operating pressure; and
(v)which has a number of gas supply points that is less than the prescribed number of gas supply points;
tempered liquefied petroleum gas means a mixture of vaporised liquefied petroleum gas and air;
transmission pipeline means—
(a)a transmission pipeline within the meaning of the Gas Industry Act 2001; or
(b)a pipeline that is declared under section 6 to be a transmission pipeline;
transmit has the same meaning as it has in the Gas Industry Act 2001;
Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
Type A appliance means—
(a)an appliance (including a second-hand appliance) for which an acceptance scheme has been authorised by Energy Safe Victoria in accordance with section 68; or
(b)an appliance which has been accepted under section 69;
* * * * *
Type B appliance means an appliance (including a second-hand appliance) with a gas consumption in excess of 10 megajoules per hour including any components and fittings of that appliance downstream of and including the appliance manual shut-off valve but does not include a Type A appliance;
* * * * *
upstream gas work means work carried out between the outlet point of a gas processing plant and the outlet of a gas distribution company's meter assembly in connection with the construction, commissioning, renewal, operation, control, replacement, modification, repair, maintenance or testing of—
(a)transmission and distribution systems and related apparatus and works; or
(b)any other thing used for the conveyance, supply, control or measurement of gas.
(2)In the definition of gas installation, a reference to gas includes, in relation to liquefied petroleum gas, that gas in its liquid phase.
4Declaration of gaseous fuel
The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act.
5Declaration of gas company
The Governor in Council, by Order published in the Government Gazette, may declare any of the following to be a gas company for the purposes of this Act—
(a)a person who is an owner or operator of a pipeline;
(b)a person who is an owner or operator of a facility or service for the control of the conveyance of gas;
(c)a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas which is used or intended to be used for automotive purposes).
6Declaration of pipeline to be a transmission line
The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or class of pipeline to be a transmission pipeline.
7Exemptions
(1)The Governor in Council, by Order published in the Government Gazette, and on the recommendation of Energy Safe Victoria, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order—
(a)do not have effect in relation to a specified person or class of persons or do not have effect to such extent as is specified; or
(b)do not have effect in relation to a specified facility or class of facilities or do not have effect to such extent as is specified; or
(c)do not have effect in relation to specified appliances or a class of appliances or do not have effect to such extent as is specified; or
(d)do not have effect in relation to specified gas installations or a class of gas installations or do not have effect to such extent as is specified; or
(e)do not have effect in relation to specified gas work or a class of gas work or do not have effect to such extent as is specified.
(2)An Order under subsection (1)—
(a)may specify the period during which the Order is to remain in force; and
(b)may provide that its operation is subject to such terms and conditions as are specified in the Order.
(3)A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
8Crown to be bound
This Act binds the Crown, not only in right of Victoria but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—ENERGY SAFE VICTORIA
9Objectives of Energy Safe Victoria
The objectives of Energy Safe Victoria under this Act are—
(a)to ensure the safety of the conveyance, sale, supply, measurement, control and use of gas; and
(b)to control the safety standards of gas work; and
(c)to maintain public and industry awareness of gas safety requirements; and
(d)to promote awareness of energy efficiency through energy efficiency labelling of gas installations, appliances and components and energy efficiency regulation of gas installations, appliances and components.
10Functions of Energy Safe Victoria
The functions of Energy Safe Victoria under this Act are—
(a)to issue guidelines specifying minimum safety standards for appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas;
(b)to issue guidelines in relation to the preparation of safety cases;
(c)to monitor compliance of appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas with the specified safety standards;
(d)to monitor compliance of gas companies with accepted safety cases;
(e)to audit accepted safety cases to determine the adequacy and effectiveness of those safety cases;
(f)to administer the prescribed minimum standards for energy efficiency of gas installations, appliances and components;
(g)to inspect and test gas installations, appliances and components for compliance with the specified minimum standards for energy efficiency;
(h)to investigate events or incidents which have implications for gas safety;
(i)to provide advisory and consultative services in relation to gas safety;
(j)to consult with and advise industry and the community in relation to gas safety;
(ja)to monitor and enforce compliance with this Act and the regulations;
(k)such other functions as are conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.
11Funding
A gas company must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that gas company in respect of the remuneration and reasonable costs and expenses of Energy Safe Victoria.
* * * * *
PART 3—GAS SAFETY
Division 1—General duties of gas companies
32General duties of gas companies
A gas company must manage and operate each of its facilities to minimise as far as practicable—
(a)the hazards and risks to the safety of the public and customers arising from gas; and
(b)the hazards and risks of damage to property of the public and customers arising from gas; and
(c)the hazards and risks to the safety of the public and customers arising from—
(i)interruptions to the conveyance or supply of gas; and
(ii)the reinstatement of an interrupted gas supply.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
33Gas quality
(1)A gas company must ensure that, as far as practicable, the gas which it conveys—
(a)meets the prescribed standards of quality; and
(b)complies with any other prescribed requirements.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
(2)A gas company which supplies or sells gas to a customer for use in a gas installation must ensure that, as far as practicable, the gas supplied or sold—
(a)meets the prescribed standards of quality; and
(b)complies with any other prescribed requirements.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
34Offence to supply or sell gas for unsafe gas installation
(1)A gas company must not knowingly supply or sell gas for use in a gas installation which is unsafe.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
(2)A gas company must not knowingly supply or sell gas for use in a gas installation which does not comply with this Act or the regulations except in the prescribed circumstances.
Penalty:In the case of a natural person, 1800 penalty units;
In the case of a body corporate, 9000 penalty units.
35Offence to supply or sell gas where emergency plumbing order applies
A gas company must not knowingly supply or sell gas for use in a gas installation to which an emergency plumbing order under section 221ZZF of the Building Act 1993 applies.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
36Mandatory reporting of gas incidents
(1)A gas company must report to Energy Safe Victoria in accordance with the regulations any gas incident which occurs in relation to a facility of that gas company.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)A gas company must report to Energy Safe Victoria in accordance with the regulations any gas incident of which it is aware and which occurs in relation to a gas installation to which it supplies or sells gas.
Penalty:In the case of a natural person, 2 penalty units;
In the case of a body corporate, 10 penalty units.
(3)The Fire Rescue Commissioner of Fire Rescue Victoria and the Chief Officer under the Country Fire Authority Act 1958 must report to Energy Safe Victoria any fire or explosion in which he or she suspects gas was a cause or contributing factor.
36APreservation of gas incident sites
(1)Subject to subsection (2), a gas company that is required to report a gas incident under section 36 must not fail, without reasonable excuse, to ensure that the site of the gas incident is not disturbed until an inspector directs otherwise.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)The site of a gas incident may be disturbed for the purpose of—
(a)protecting the health or safety of any person; or
(b)aiding an injured person who was involved in the gas incident; or
(c)taking action necessary to make the site safe or to prevent a further gas incident; or
(d)restoring supply of gas.
Division 2—Safety case for facility
37Safety case
(1)A gas company must submit a safety case to Energy Safe Victoria for each of its facilities in accordance with this section.
Penalty:In the case of a natural person, 600 penalty units;
In the case of a body corporate, 3000 penalty units.
(2)A safety case for a facility must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed by the gas company—
(i)to comply with the gas company's duties under Division 1; and
(ii)in relation to any other matters relating to the safe conveyance, supply, sale, measurement or control of gas that are prescribed.
(3)The safety case for a facility which is in operation immediately before the commencement of this section must be submitted within 6 months after that commencement.
(4)The safety case for any other facility must be submitted to Energy Safe Victoria before the facility commences operation.
(5)A safety case may be submitted in stages.
(6)A safety case may apply to more than one facility.
(7)A gas company which has submitted a safety case for a facility under section 138 of the Gas Industry Act 1994 before the commencement of this section is deemed to have complied with this section in relation to that facility.
(8)The safety case for a facility submitted by VENCorp to Energy Safe Victoria in October 2008 and in force immediately before the commencement of section 37 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 is to be taken to continue in force under this section as if the safety case were submitted by AEMO.
38Validation of safety case for a facility
(1)If a safety case has been submitted for a facility, Energy Safe Victoria may require the gas company to obtain an independent validation of that safety case or any part of that safety case.
(2)Energy Safe Victoria may require the validation to assess the design, construction, commissioning or operation of the facility or the required part of the facility or all or any of those matters to determine if the facility or part will be fit for the purpose.
(3)The gas company must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a matter has the necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter.
(4)If Energy Safe Victoria requires a gas company to provide an independent validation of a safety case or part of a safety case, the costs of that validation must be borne by the gas company.
(5)Energy Safe Victoria is not required to proceed with the consideration of a safety case until the independent validation is provided.
39Additional information
(1)Energy Safe Victoria may require a gas company to provide any additional information that Energy Safe Victoria thinks fit in relation to a safety case submitted by the gas company under this Division.
(2)Energy Safe Victoria is not required to proceed with the consideration of a safety case until the additional information is provided.
40Acceptance of safety case
(1)Energy Safe Victoria must consider a safety case submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the safety case permit.
(2)Energy Safe Victoria must accept a safety case submitted under this Division if it is satisfied that the safety case is appropriate for the facility to which it applies and complies with this Act and the regulations.
(3)Energy Safe Victoria must notify the gas company in writing of its decision to accept a safety case.
41Provisional acceptance of safety case
(1)Energy Safe Victoria may provisionally accept a safety case if it is satisfied that it will provide for the safe operation of the facility.
(2)Energy Safe Victoria must notify the gas company in writing of its decision to provisionally accept a safety case.
(3)The notice of acceptance must state—
(a)the period that the provisional acceptance will be in force; and
(b)the extent to which the safety case has been accepted; and
(c)any limitations or conditions which will apply in respect of the use or operation of the facility while the provisional acceptance is in force.
42Non-acceptance of safety case
(1)If Energy Safe Victoria does not accept or provisionally accept a safety case it must—
(a)notify the gas company in writing of the non‑acceptance; and
(b)give the gas company an opportunity to modify and re-submit the safety case.
(2)A modified safety case must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).
(3)If, after considering any modified safety case submitted under this section, Energy Safe Victoria decides not to accept a safety case it must give notice in writing of that decision to the gas company.
(4)A notice under this section must be accompanied by a statement of the reasons for the decision.
43Energy Safe Victoria may determine safety case
(1)Energy Safe Victoria may determine the safety case which is to apply in respect of a facility which is in operation at the time of the determination if—
(a)the gas company fails to submit a safety case for the facility in accordance with this Division; or
(b)Energy Safe Victoria has decided not to accept a safety case for the facility.
(2)If Energy Safe Victoria determines the safety case to apply to a facility under this section, Energy Safe Victoria must give notice in writing to the gas company of that determination.
(3)On notice being given to the gas company under subsection (2), the safety case determined by Energy Safe Victoria is deemed for the purposes of this Act to be the accepted safety case for the facility to which it applies.
(4)Nothing in subsection (3) prevents a gas company from submitting a safety case or a revised safety case for a facility to Energy Safe Victoria for acceptance under this Division.
44Compliance with safety case
(1)A gas company must not commission or commence to operate a facility of the gas company unless a safety case for that facility has been accepted or provisionally accepted under this Division.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2)A gas company must comply with the accepted safety case for a facility in relation to the management and operation of the facility.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(3)A gas company must comply with the accepted safety case for a facility in relation to the removal, dismantling or decommissioning of the facility.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(4)A gas company must not—
(a)undertake or permit a modification of a facility that has the potential to increase the overall levels of risk in relation to a facility; or
(b)undertake or permit a modification that has the potential to influence the level of a specific risk or the ranking of risk contributing factors; or
(c)make or permit a change to the safety management system in relation to the facility—
unless Energy Safe Victoria has accepted a revision of the safety case in relation to that matter for that facility.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
45Revision of safety case—change
A gas company must submit a revised safety case to Energy Safe Victoria if—
(a)developments in technical knowledge or the assessment of hazards relevant to the facility make it appropriate to revise the safety case; or
(b)proposed modifications of the facility will result in an increase in the overall levels of risk in relation to the facility; or
(c)a proposed modification of the facility may influence the level of a specific risk or the ranking of risk contributing factors; or
(d)the gas company proposes to make a change to the safety management system in relation to the facility; or
(e)the gas company proposes to dismantle, decommission or remove the facility or part of the facility in a different manner from the procedures set out in the safety case for the facility.
46Revision of safety case—every 5 years
(1)A gas company must submit a revised safety case for a facility of the company to Energy Safe Victoria at the end of a review period.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)In this section—
relevant day means the day on which section 48 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted safety case in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted safety case, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.
47Energy Safe Victoria may request submission of revised safety case
(1)Energy Safe Victoria may at any time request a gas company to submit a revised safety case for a facility of the gas company.
(2)The request must—
(a)be in writing; and
(b)set out—
(i)the matters to be addressed by the required revision; and
(ii)the proposed date of effect of the revision; and
(iii)the grounds for the request.
(3)The gas company to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—
(a)that the revision should not occur;
(b)that the revision should be in different terms from the proposed terms;
(c)that the revision should take effect on a later date than the proposed date of effect.
(4)The submission must—
(a)be in writing; and
(b)state the gas company's reasons for the submission; and
(c)be made within 21 days, or such later period as Energy Safe Victoria in writing allows, after the request is received.
(5)If a gas company makes a submission under this section, Energy Safe Victoria must decide—
(a)to accept the submission or part of the submission and vary or withdraw the request accordingly; or
(b)to reject the submission.
(6)Energy Safe Victoria must give the gas company notice in writing of its decision on the submission and the reasons for that decision.
48Offence to fail to submit revised safety case on request
If Energy Safe Victoria requests the revision of a safety case in accordance with section 47, the gas company must submit a revised safety case for a facility to Energy Safe Victoria—
(a)if the gas company does not make a submission under that section, within the time (being not less than 60 days) specified by Energy Safe Victoria in the request; or
(b)if the gas company has made a submission under that section and Energy Safe Victoria has not withdrawn the request, within the time (being not less than 60 days) specified by Energy Safe Victoria in the decision on the submission.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
49Application of provision to revised safety case
Sections 38 to 43 apply to the revision of a safety case in the same manner as they apply to a safety case.
50Compliance with safety case is defence
It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted safety case in relation to that duty or obligation.
Division 3—Safety case for gas installation
51Definitions
In this Division—
manufacturer in relation to a class of appliances or gas installations, means a person who manufactures that class of appliances or installations;
operator in relation to a gas installation or proposed gas installation, means the person who owns or operates or is to own or operate the gas installation.
52Safety case for complex gas installation in manufacturing or industrial premises
(1)Energy Safe Victoria may permit the operator of a complex gas installation or proposed complex gas installation which is or is to be located in manufacturing or industrial premises to submit a safety case for that gas installation.
(2)A safety case submitted under this section must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe installation and operation of the gas installation.
(3)Sections 38 to 42 apply to a safety case under this section as if—
(a)any reference to a facility were a reference to the complex gas installation; and
(b)any reference to a gas company were a reference to the operator of the complex gas installation.
53Safety case for supply and installation of Type B appliances in manufacturing or industrial premises
(1)Energy Safe Victoria may permit a manufacturer of a class of Type B appliances intended for use in manufacturing or industrial premises to submit a safety case in relation to the supply and installation of those appliances.
(2)A safety case submitted under this section must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe supply and installation of the class of Type B appliances.
(3)Sections 38 to 42 apply to a safety case under this section as if—
(a)any reference to a facility were a reference to the supply and installation of the Type B appliances; and
(b)any reference to a gas company were a reference to the manufacturer of the Type B appliances.
54Safety case for manufacture of complex gas installations
(1)Energy Safe Victoria may permit a manufacturer of a class of complex gas installations to submit a safety case for the manufacture of that class of gas installations.
(2)A safety case submitted under this section must—
(a)be in writing; and
(b)in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safety of the class of gas installations.
(3)Sections 38 to 42 apply to a safety case under this section as if—
(a)any reference to a facility were a reference to the manufacture of the complex gas installations; and
(b)any reference to a gas company were a reference to the manufacturer of the complex gas installations.
(4)This section does not apply to the manufacture of a gas installation at the site at which it is intended to be used.
55Exemption from regulations
(1)If Energy Safe Victoria accepts a safety case submitted under section 52, it may exempt the operator of the complex gas installation from compliance with any of the regulations relating to the installation and operation of gas installations.
(2)If Energy Safe Victoria accepts a safety case submitted under section 53, it may exempt the manufacturer of the Type B appliances from compliance with any of the regulations relating to the installation of appliances.
(3)If Energy Safe Victoria accepts a safety case submitted under section 54, it may exempt the manufacturer of the complex gas installations from compliance with any of the regulations relating to the installation of gas installations.
(4)If Energy Safe Victoria accepts a safety case submitted under this Division, it may exempt any person authorised under the safety case to carry out a class or type of gasfitting work from compliance with any of the regulations relating to the carrying out of that class or type of gasfitting work.
(5)Energy Safe Victoria must not grant an exemption under this section from compliance with a regulation unless it is satisfied that the level of safety to be provided if the exemption is given is not less than the level of safety which would be required to be provided under the regulation.
56Compliance with safety case
(1)An operator of a complex gas installation for which there is an accepted safety case under this Division must comply with that safety case in respect of that gas installation.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(2)A manufacturer of a class of Type B appliances for which there is an accepted safety case under this Division must comply with that safety case in respect of the supply and installation of those appliances.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
(3)A manufacturer of a class of complex gas installations for which there is an accepted safety case under this Division must comply with that safety case in respect of the manufacture of those gas installations.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
57Revision of safety case—every 5 years
(1)An operator of a complex gas installation or a manufacturer of a class of Type B appliances or a class of complex gas installations, in respect of which an accepted safety case applies under this Division, must submit a revised safety case to Energy Safe Victoria at the end of a review period.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2)In this section—
relevant day means the day on which section 51 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;
review period means—
(a)either—
(i)for an accepted safety case in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or
(ii)for any other accepted safety case, the period of 5 years commencing on the day on which it is first accepted; and
(b)every subsequent period of 5 years commencing on the day after the day on which the previous period ends.
58Energy Safe Victoria may request submission of revised safety case
(1)Energy Safe Victoria may at any time request—
(a)an operator of a complex gas installation to which an accepted safety case applies to submit a revised safety case for that installation; or
(b)a manufacturer of a class of Type B appliances to which an accepted safety case applies to submit a revised safety case for that class of appliances; or
(c)a manufacturer of a class of complex gas installations to which an accepted safety case applies to submit a revised safety case for that class of gas installations.
(2)The request must—
(a)be in writing; and
(b)set out—
(i)the matters to be addressed by the required revision; and
(ii)the proposed date of effect of the revision; and
(iii)the grounds for the request.
59Compliance with request
An operator or manufacturer must comply with a request under section 58 within the time (being not less than 60 days) specified by Energy Safe Victoria in the request.
Penalty:In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
60Lapsing of safety case
(1)If an operator of a complex gas installation or manufacturer of a class of Type B appliances or a class of complex gas installations fails to comply with section 57 or 58, Energy Safe Victoria, by notice in writing to the operator or manufacturer, may determine that the accepted safety case applying to that gas installation or class of appliances or class of gas installations has lapsed.
(2)An operator of a complex gas installation or a manufacturer of a class of Type B appliances or a class of complex gas installations may, by notice in writing to Energy Safe Victoria, withdraw an accepted safety case applying to that gas installation or class of appliances or class of gas installations.
(3)If an accepted safety case has lapsed or been withdrawn, any exemption granted under section 55 in respect of that safety case lapses.
61Duty of operator of complex gas installation
The operator of a complex gas installation to which an accepted safety case applies must manage and operate that gas installation to minimise as far as practicable—
(a)the hazards and risks to the safety of the public arising from the use of the gas installation; and
(b)the hazards and risks to property arising from the use of the gas installation.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
62Duty of manufacturer of Type B appliances
A manufacturer of a class of Type B appliances in respect of which an accepted safety case applies must ensure that those appliances are manufactured and installed in such a manner to minimise as far as practicable—
(a)the hazards and risks to the safety of the public arising from the gas installation; and
(b)the hazards and risks to property arising from the gas installation.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
63Duty of manufacturer of complex gas installations
A manufacturer of a class of complex gas installations to which an accepted safety case applies must ensure that those gas installations are manufactured in such a manner to minimise as far as practicable—
(a)the hazards and risks to the safety of the public arising from the gas installations; and
(b)the hazards and risks to property arising from the gas installations.
Penalty:In the case of a natural person, 1200 penalty units;
In the case of a body corporate, 6000 penalty units.
64Compliance with safety case is a defence
It is a defence to a prosecution of a person for an offence relating to a breach of a duty set out in section 61, 62 or 63 if the person has complied with the accepted safety case in relation to that duty.
Division 4—Approval or authorisation to undertake certain gas work
65Approval of persons to carry out upstream gas work
(1)Any person may apply to Energy Safe Victoria for approval to carry out upstream gas work in relation to a particular facility or class of facility.
(2)An application under subsection (1) must—
(a)be in writing; and
(b)contain the prescribed information; and
(c)be accompanied by the relevant prescribed fee.
(3)Energy Safe Victoria may grant an approval under this section to a person to undertake upstream gas work or a particular class of upstream gas work in relation to a particular facility or class of facility if Energy Safe Victoria is satisfied that the applicant has the appropriate qualifications and experience to undertake that work.
(4)An approval under this section is granted subject to—
(a)any terms, conditions or limitations specified in the approval; and
(b)any terms, conditions or limitations which are prescribed.
(5)Energy Safe Victoria may at any time suspend or cancel an approval given under this section.
66Offence to carry out upstream gas work without approval or authorisation
A person must not carry out upstream gas work in relation to any facility unless the person—
(a)is approved under section 65 to carry out that work; or
(b)is authorised under an accepted safety case to carry out that work.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
67Standard of gas work
A person who carries out gas work in relation to a facility must carry out that work competently and with due regard to safety.
Division 5—Appliances and gas installations
68AA Definition
In this Division—
ESV approved label means a label approved by Energy Safe Victoria under section 69B.
68Authorisation of acceptance scheme
Energy Safe Victoria, by notice published in the Government Gazette, may declare any acceptance scheme for appliances or any part of the scheme specified in the notice to be authorised for the purposes of this Act.
69Acceptance of appliance by Energy Safe Victoria
(1)Energy Safe Victoria, on the application of any person, may accept an appliance or class of appliances for the purposes of this Act.
(2)An application must—
(a)be in writing; and
(b)contain or be accompanied by the prescribed information; and
(c)be made in accordance with the regulations; and
(d)be accompanied by the relevant prescribed fee.
(3)Energy Safe Victoria must notify the applicant in writing of its decision—
(a)to accept an appliance or class of appliances; or
(b)to accept an appliance or class of appliances subject to the conditions specified by Energy Safe Victoria; or
(c)not to accept an appliance or class of appliances.
(4)The conditions specified by Energy Safe Victoria in respect of an appliance or class of appliances may include—
(a)requirements for the testing of the appliance or appliances in accordance with the regulations by a person or body approved by Energy Safe Victoria; and
(b)requirements for modifications to be made to the appliance or appliances; and
(c)requirements for the affixing of compliance plates to the appliance or appliances in accordance with the regulations.
(5)Without limiting subsection (3), Energy Safe Victoria may decide not to accept an application under this section if an acceptance scheme authorised under this Division exists for the appliance.
(6)If Energy Safe Victoria decides not to accept an appliance or class of appliance under this section it must notify the applicant in writing of the reasons for the decision.
(7)If Energy Safe Victoria accepts an appliance or class of appliance subject to conditions, the acceptance takes effect in respect of an appliance when the conditions are complied with.
69ADeclaration of non-acceptance of appliance
(1)Energy Safe Victoria may, by notice published in the Government Gazette, declare that an appliance or class of appliances is no longer accepted for the purposes of this Act.
(2)If a notice under this section relates to a class of appliances, Energy Safe Victoria must also publish that notice in a newspaper circulating generally in the State.
(3)If a notice under this section relates to a particular appliance, Energy Safe Victoria must also notify, in writing, the owner of the appliance or the occupier of the premises in which that appliance is installed of that notice.
(4)Energy Safe Victoria may make a declaration under this section only if it appears to Energy Safe Victoria that the appliance or class of appliances is, or is likely to be, unsafe to use.
(5)On publication of the notice in the Government Gazette, the appliance or class of appliances is, while the notice is in force, deemed as the case requires—
(a)not to be accepted under an acceptance scheme authorised under this Division; or
(b)not to be accepted by Energy Safe Victoria under this Division.
69BApproval of label for Type A appliances
Energy Safe Victoria may, by notice published in the Government Gazette, approve a label for the purposes of section 70(1) or 71(1).
70Offence to install certain Type A appliances
(1)A person must not knowingly install a Type A appliance unless the appliance has—
(a)been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and
(b)an ESV approved label affixed to it.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(2)Subsection (1) does not apply to a person who installs a Type A appliance of a prescribed class after an application is made for acceptance of the appliance—
(a)under an acceptance scheme authorised under this Division; or
(b)by Energy Safe Victoria under this Division.
(3)A person must not commission for use a Type A appliance that is installed in accordance with subsection (2) unless the appliance has been accepted—
(a)under an acceptance scheme authorised under this Division; or
(b)by Energy Safe Victoria under this Division.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
71Offence to supply or sell unaccepted or unlabelled appliances
(1)A person must not supply or offer to supply or sell or offer to sell a Type A appliance unless the appliance has—
(a)been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and
(b)an ESV approved label affixed to it.
Penalty:In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
(2)Subsection (1) does not apply to a person who supplies or offers to supply or sells or offers to sell a Type A appliance of a class prescribed for the purposes of section 70(2) if an application for acceptance—
(a)under an acceptance scheme authorised under this Division; or
(b)by Energy Safe Victoria under this Division—
has been made for that appliance before that appliance is supplied or sold or offered for supply or sale.
(3)If subsection (2) applies to an appliance, a person must not supply or offer to supply or sell or offer to sell that appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of sections 70 and 72.
Penalty:In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
71AOffence to sell unsafe appliances
(1)A person must not knowingly, recklessly or negligently supply or offer to supply or sell or offer to sell an appliance that is unsafe.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)Subsection (1) does not apply to a person who—
(a)supplies or offers to supply or sells or offers to sell the appliance to an appliance refurbisher and repairer; and
(b)the person informs the appliance refurbisher and repairer, before the appliance is supplied or sold or offered for supply or sale, that the appliance is unsafe.
(3)In this section—
appliance refurbisher and repairer means a person who carries on the business of repairing, rebuilding or refurbishing appliances.
71BFalse labelling in relation to Type A appliances
A person must not, in connection with the supply or possible supply or sale of a Type A appliance, affix or cause to be affixed a label or compliance plate to the appliance that falsely represents that the appliance has been, and continues to be—
(a)accepted under an acceptance scheme authorised under this Division; or
(b)accepted by Energy Safe Victoria under this Division.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
71CUnsafe modifications to Type A appliances
(1)A person must not knowingly, recklessly or negligently make a modification to a Type A appliance that would make the appliance unsafe to use if the appliance were used for its intended purpose.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)This section does not apply to a temporary modification made by a person in the course of—
(a)a process of manufacture or assembly of an appliance; or
(b)carrying out repair or maintenance work on an appliance; or
(c)rebuilding or refurbishing an appliance—
provided the appliance is safe to use for its intended purpose at the end of the process of manufacture or assembly, the carrying out of the repair or maintenance work or the rebuilding or refurbishment of the appliance (as the case requires).
72Compliance with prescribed standards and requirements for work on gas installation
(1)A person carrying out gasfitting work must ensure that that work complies with—
(a)the prescribed standards and requirements in relation to that work; or
(b)the standards determined by Energy Safe Victoria under the regulations in relation to that work.
Penalty:In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
(2)A person carrying out gasfitting work on an appliance or gas installation must ensure that the appliance or gas installation complies with—
(a)the prescribed standards and requirements in relation to that appliance or gas installation; or
(b)the standards determined by Energy Safe Victoria under the regulations in relation to that work.
Penalty:In the case of a natural person, 40 penalty units;
In the case of a body corporate, 200 penalty units.
(3)A person may apply to Energy Safe Victoria in accordance with the regulations for an exemption from all or any of the standards or requirements referred to in this section.
(4)Energy Safe Victoria may grant the exemption if it is satisfied that—
(a)compliance with the standard or requirement does not warrant the cost of compliance; and
(b)the degree of safety attained by other means is acceptable.
(5)An exemption may be granted on such conditions as are specified in the exemption.
(6)A person to whom an exemption applies must comply with any conditions specified in the exemption.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
73Acceptance of gas installation
(1)A person who carries out work on a complex gas installation or on a standard gas installation of a prescribed class must apply to Energy Safe Victoria for acceptance of the gas installation before the gas installation is commissioned.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)An application must—
(a)be in writing; and
(b)contain or be accompanied by the prescribed information; and
(c)contain or be accompanied by a statement of compliance in the prescribed form made and signed by a prescribed person or a person in a prescribed class of persons; and
(d)be made in accordance with the regulations; and
(e)be accompanied by the relevant prescribed fee.
(3)Energy Safe Victoria must notify the applicant in writing of its decision—
(a)to accept the gas installation; or
(b)to accept the gas installation subject to the conditions specified by Energy Safe Victoria; or
(c)not to accept the gas installation.
(4)The conditions specified by Energy Safe Victoria in respect of a gas installation may include—
(a)requirements for the testing of the gas installation in accordance with the regulations by a person or body approved by Energy Safe Victoria; and
(b)requirements for modifications to be made to the gas installation; and
(c)requirements for the affixing of compliance plates to the gas installation or to any appliance forming part of the gas installation in accordance with the regulations.
(5)If Energy Safe Victoria decides not to accept a gas installation under this section it must notify the applicant in writing of the reasons for the decision.
(6)If Energy Safe Victoria accepts a gas installation subject to certain conditions, the acceptance takes effect when the conditions are complied with.
(7)This section does not apply to a gas installation if an accepted safety case applies in relation to the gas installation.
(8)This section does not apply to repair or maintenance work on a gas installation.
(9)In this section gas installation includes part of a gas installation.
74Offence to use Type B appliance
Except in the prescribed circumstances, a person must not use a Type B appliance unless the gas installation of which that appliance forms part—
(a)has been accepted by Energy Safe Victoria in accordance with this Division; or
(b)has been installed in accordance with an accepted safety case.
Penalty:In the case of a natural person, 100 penalty units;
In the case of a body corporate, 500 penalty units.
75Offence to supply or sell certain appliances without giving required information
If section 74 applies to a Type B appliance, a person must not supply or offer to supply or sell or offer to sell a Type B appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of section 74.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
76Prohibition of supply or sale of gas installations, appliances and components
(1)Energy Safe Victoria, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply or sale of—
(a)a gas installation or gas installations of a specified class; or
(b)an appliance or appliances of a specified class; or
(c)a component or components of a specified class.
(2)A prohibition under subsection (1) operates from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice.
(3)Energy Safe Victoria, by notice in writing given to a person, may prohibit that person from supplying or selling—
(a)a gas installation or gas installations of a specified class; or
(b)an appliance or appliances of a specified class; or
(c)a component or components of a specified class.
(4)A notice given under subsection (3) operates from the date of the notice or such later date as is specified in that notice.
(5)Energy Safe Victoria may exercise a power of prohibition under this section only if it appears to Energy Safe Victoria that—
(a)the gas installation, appliance or component, or a gas installation, appliance or component of that class is, or is likely to become, by reason of its design or construction, unsafe to use; and
(b)prohibition of the supply or sale of the gas installation, appliance or component, or of all gas installations, appliances or components of that class, is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that gas installation, appliance or component or gas installations, appliances or components of that class.
(6)Energy Safe Victoria may withdraw a prohibition made under subsection (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State.
(7)Energy Safe Victoria may withdraw a prohibition made under subsection (3) by notice given to the person to whom the prohibition was given.
(8)This section applies whether or not the gas installation, appliance or component, or class of gas installations, appliances or components was accepted by Energy Safe Victoria or accepted under an acceptance scheme authorised under this Division.
77Offence to disobey prohibition
(1)A person must not, while a prohibition under section 76(1) remains in force, do anything prohibited by that prohibition.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)A person must not, while a prohibition under section 76(3) remains in force, do anything prohibited by that prohibition.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
78Recall of gas installations, appliances or components
(1)Energy Safe Victoria may make a requirement under this section only if it appears to Energy Safe Victoria that—
(a)a gas installation, appliance or component is, or is likely to become, by reason of its design or construction, unsafe to use; or
(b)specific action is necessary—
(i)to make a gas installation, appliance or component, or gas installations, appliances or components of a particular class, safe to use; or
(ii)to render safe the use of a gas installation, appliance or component, or gas installations, appliances or components of a particular class; or
(c)a gas appliance does not comply with the standard that the gas appliance was certified as complying with under an acceptance scheme authorised under this Division.
(2)Energy Safe Victoria, by written notice served on a person to whom this section applies, may require the person to take, within the period specified in the notice, the action specified in the notice in relation to the particular gas installation, appliance or component specified in the notice or a particular class of gas installations, appliances or components specified in the notice.
(2A)This section applies to a person—
(a)who supplies or has supplied gas installations, appliances or components in the course of the person's business; and
(b)who has supplied or sold—
(i)the particular gas installation, appliance or component specified in the notice; or
(ii)gas installations, appliances or components of a particular class specified in the notice.
Example
Company A was in the business of supplying gas installations, appliances and components. Company A then ceased supplying gas installations, appliances and components. Energy Safe Victoria may issue a notice to Company A under this section in respect of gas installations, appliances and components it supplied in the course of its business.
(3)The action specified in the notice may consist of or include any of the following actions in relation to the particular gas installation, appliance or component specified in the notice, or gas installations, appliances or components of a particular class specified in the notice—
(a)sending a written request to the person to whom the gas installation, appliance or component, or a gas installation, appliance or component of the same class, was supplied or sold—
(i)to return the gas installation, appliance or component to the place at which it was supplied or sold; or
(ii)if it is not practicable to return the gas installation, appliance or component, to contact the person who supplied or sold the gas installation, appliance or component;
(b)placing an advertisement requesting all persons to whom a gas installation, appliance or component of that class was supplied or sold—
(i)to return the gas installation appliance or component to the place at which it was supplied or sold; or
(ii)if it is not practicable to return the gas installation, appliance or component, to contact the person who supplied or sold the gas installation, appliance or component;
(c)making the gas installation, appliance or component, or gas installations, appliances or components of that class safe to use or rendering safe the use of that gas installation, appliance or component in the manner specified in the notice;
(d)carrying out inspections and tests on—
(i)that gas installation, appliance or component; or
(ii)gas installations, appliances or components of that class;
(e)rectifying—
(i)that gas installation, appliance or component so it complies with a specified standard; or
(ii)gas installations, appliances or components of that class so they comply with a specified standard;
(f)repairing or replacing—
(i)that gas installation, appliance or component; or
(ii)gas installations, appliances or components of that class;
(g)arranging for the disconnection from the supply of gas of—
(i)that gas installation, appliance or component; or
(ii)gas installations, appliances or components of that class;
(h)modifying premises on which—
(i)that gas installation, appliance or component is used or installed so it is safe to use; or
(ii)gas installations, appliances or components of that class are used or installed so they are safe to use;
(i)affixing warning labels to—
(i)that gas installation, appliance or component; or
(ii)gas installations, appliances or components of that class; or
(iii)the premises on which—
(A)that gas installation, appliance or component is used or installed; or
(B)gas installations, appliances or components of that class are used or installed;
(j)giving specified information to owners of premises on which—
(i)that gas installation, appliance or component is used or installed; or
(ii)gas installations, appliances or components of that class are used or installed;
(k)giving specified information to occupiers of premises on which—
(i)that gas installation, appliance or component is used or installed; or
(ii)gas installations, appliances or components of that class are used or installed;
(l)placing an advertisement containing specified information in a specified publication that is not a newspaper;
(m)publishing specified information on the person's Internet site.
(3A)An advertisement referred to in subsection (3)(b) must be—
(a)in a form approved by Energy Safe Victoria; and
(b)placed in a newspaper or newspapers—
(i)specified by Energy Safe Victoria; and
(ii)for a period or periods specified by Energy Safe Victoria.
(4)Energy Safe Victoria may alter or revoke a requirement under this section by notice given to the person of whom the requirement was made.
(5)This section applies whether or not the gas installation, appliance or component or class of gas installations, appliances or components was accepted by Energy Safe Victoria or accepted under an acceptance scheme authorised under this Division.
(6)A person who is required to take action specified in a notice under this section must pay the cost of taking that action.
(7)A requirement specified in a notice served on a person under this section does not have effect to the extent that it is inconsistent with a requirement for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).
79Offence to fail to comply with requirement
(1)A person of whom a requirement is made under section 78 must comply with that requirement.
Penalty:In the case of a natural person, 200 penalty units or 2 years imprisonment or both;
In the case of a body corporate, 1000 penalty units.
(2)A person required to give specified information to an owner or occupier under section 78(3)(j) or (k) does not commit an offence against subsection (1) if the person—
(a)did not know the identity or location of the owner or occupier; and
(b)made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and
(c)could not identify or locate the owner or occupier after making reasonable inquiries.
Division 6—Further offences relating to gas safety
79ASupply or sale of certain types of liquefied petroleum gas
(1)A person, other than a gas company, must not knowingly supply or offer to supply or sell or offer to sell any type of liquefied petroleum gas for use in an appliance unless—
(a)that gas meets the prescribed standards of quality; and
(b)the appliance is designed to be operated on that type of gas; and
(c)the person complies with the prescribed requirements in relation to the supply or sale of that gas.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(2)This section does not apply to a prescribed appliance or class of appliances.
79BInterference with gas company pipelines
A person must not carry out any excavation or boring or open any ground so as to uncover or expose any pipeline owned or operated by a gas company unless—
(a)the person has the authority of that gas company to do so; or
(b)if notice of the person's intention to do so is required to be given to that gas company under the regulations, the person gives that notice.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
79CInterference with transmission pipelines
(1)A person must not carry out any excavation or boring or open any ground within 3 metres of a transmission pipeline unless—
(a)the person has the authority of the gas company which owns or operates the transmission pipeline to do so; or
(b)if notice of the person's intention to do so is required to be given to that gas company under the regulations, the person gives that notice.
Penalty:In the case of a natural person, 20 penalty units;
In the case of a body corporate, 100 penalty units.
(2)This section does not apply to—
(a)an owner or occupier of any land on or under which the transmission pipeline is situated or passes if the owner or occupier excavates or bores or opens ground to a depth of not more than 300 millimetres in that land; or
(b)a person who, on behalf of an owner or occupier of any land on or under which the transmission pipeline is situated or passes, excavates or bores or opens ground to a depth of not more than 300 millimetres in that land.
79DInterference with pipeline, gas installation or meter assembly
(1)A person must not knowingly, recklessly or negligently break, injure, open or tamper with any pipeline, gas installation or meter assembly.
Penalty:In the case of a natural person, 60 penalty units;
In the case of a body corporate, 300 penalty units.
(2)This section does not apply to any person lawfully carrying out gas work in respect of the pipeline, gas installation or meter assembly.
79DA Safety of gas installations—building work
(1)A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make—
(a)a gas installation at the premises unsafe; or
(b)a building at the premises unsafe if that premises is supplied with gas.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
(2)In this section—
building work has the same meaning as in the Building Act 1993.
PART 3A—ENERGY EFFICIENCY
79EProclaimed gas equipment
If this Act or a regulation made under this Act provides that a person is guilty of an offence, that reference to a person must—
(a)in the case of a partnership, be read as a reference to each member of the partnership; and
(b)in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.
117False or misleading information
(1)A person must not give information that is false or misleading in a material particular to Energy Safe Victoria or to an officer or employee of Energy Safe Victoria in connection with an application, notice or submission under this Act or the regulations.
Penalty:In the case of a natural person, 100 penalty units;
In the case of a body corporate, 500 penalty units.
(2)In a proceeding for an offence against subsection (1), it is a defence for the accused to prove that the accused believed on reasonable grounds—
(a)in the case of false information, that the information was true; and
(b)in the case of misleading information, that the information was not misleading.
117AA When proceedings for offences may be commenced
(1)Subject to subsection (2), despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006)—
(a)Energy Safe Victoria may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after it becomes aware of the commission of the alleged offence; and
(b)any other person may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after the commission of the alleged offence.
(2)Energy Safe Victoria must not commence a proceeding for an offence against section 109C(3) or any other offence against this Act or the regulations constituted by a contravention or alleged contravention to which an undertaking accepted under section 109C relates unless it does so within the period of 6 months after the day on which it—
(a)becomes aware that the undertaking has been contravened; or
(b)consents to the withdrawal of the undertaking under section 109C(2).
Division 4—Adverse publicity orders
117AAB Adverse publicity orders
(1)If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—
(a)to take either or both of the following actions within the period specified in the order—
(i)to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;
(ii)to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and
(b)to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.
(2)The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.
(3)If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.
(4)However, if—
(a)the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and
(b)despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—
Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.
(5)If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.
(6)The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.
(7)The court may make an adverse publicity order in relation to an offender in addition to or instead of—
(a)imposing a penalty on the offender; or
(b)making any other order that the court may make in relation to the offence.
PART 6A—INFRINGEMENT NOTICES
117AB Definitions
In this Part—
inspector, in relation to an offence against section 72(1) or 72(2), includes—
(a)a Commissioner within the meaning of the Building Act 1993; and
(b)a plumbing inspector appointed under Part 12A of the Building Act 1993;
prescribed offence means—
(a)an offence against section 71(1) or (3), 71B, 72(1) or (2), 79B or 79C(1); or
(b)an offence against a provision of this Act (other than a provision referred to in paragraph (a)) or a provision of the regulations that is prescribed.
117AC Power to serve a notice
(1)An inspector may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed offence.
(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
* * * * *
117AE Infringement penalties
The infringement penalty for an offence against a provision of this Act or the regulations that is prescribed for the purpose of this Part is one‑tenth of the maximum monetary penalty fixed by that provision unless a different penalty is otherwise prescribed.
* * * * *
PART 7—GENERAL
117ASupreme Court—limitation of jurisdiction
(1)It is the intention of sections 109 and 109A to alter or vary section 85 of the Constitution Act 1975.
(2)It is the intention of section 109, as amended by the Gas Industry Acts (Further Amendment) Act 1999, to alter or vary section 85 of the Constitution Act 1975.
118Regulations
(1)The Governor in Council may make regulations for or with respect to—
(a)the safe conveyance, sale, supply, measurement, control and use of gas;
(b)prescribing the standards of quality of gas to be conveyed, supplied or sold and empowering Energy Safe Victoria to exempt a gas company from those standards in prescribed circumstances;
(c)requiring the keeping of records of factors affecting gas quality;
(d)tempered liquefied petroleum gas plants;
(e)the safe storage of gas in vessels which have an aggregate capacity not exceeding 500 litres and which are connected to a gas installation;
(f)specifying the requirements and standards with which a safety case must comply;
(g)specifying procedures for acceptance and revision of safety cases;
(h)requiring a safety case to nominate the persons who are to carry out gas work or a class of gas work in any part of the facility or in relation to a gas installation to which the safety case applies;
(i)requiring a safety case to nominate an independent auditor to monitor compliance with a safety case;
(j)providing for the keeping of records in relation to safety cases;
(k)empowering Energy Safe Victoria to exempt a safety case from all or any of the requirements of the regulations made in relation to safety cases;
(l)the safety and acceptance of gas installations and appliances and the standards and requirements to apply to them, including standards determined by Energy Safe Victoria;
(m)prescribing or approving standards or requirements for the quality and design of materials, fittings and apparatus to be used in or in connection with gas installations and the methods to be followed in carrying out gas installations;
(n)requiring gas installations to be kept in proper repair;
(o)the safety and acceptance of gas installations, appliances and components;
(p)regulating and requiring tests to be carried out on appliances and gas installations before acceptance by Energy Safe Victoria;
(q)the information to be included in or to accompany an application for acceptance of an appliance or gas installation, including details of tests;
(r)regulating and requiring the fixing of compliance plates issued by Energy Safe Victoria on gas installations, appliances and components;
(ra)requiring the keeping of records in relation to the service, maintenance, repair or modification of a complex gas installation or a Type B appliance;
(s)empowering an inspector to disconnect or order the disconnection of an appliance or gas installation from a gas supply;
(t)the supply or sale or offer of supply or sale of appliances and components;
(u)prescribing the qualifications and experience required for persons engaged in upstream gas work and gasfitting work on complex gas installations;
(v)notices to be given by persons proposing to carry out gas work and carrying out or completing the carrying out of any gas work;
(w)the testing of gas by Energy Safe Victoria or an authorised officer of a gas company or any other person to ensure compliance with the prescribed standards and requirements, including—
(i)prescribing the apparatus with which and the methods by which tests are to be made for testing the quality of gas and the methods of recording those tests;
(ii)prescribing the method and frequency of checking the accuracy of that apparatus;
(iii)prescribing the places and times at which tests must be made;
(iv)requiring a gas company or an authorised officer of a gas company or any other person to certify that the tests have been carried out in accordance with the regulations;
(wa)empowering Energy Safe Victoria to exempt a class or classes of persons from the requirement to undertake the testing of gas;
(x)the methods of recording the measurement of gas;
(y)requiring or regulating the reporting of gas incidents to Energy Safe Victoria or a gas company;
(ya)the standards of energy efficiency and performance required for proclaimed gas equipment;
(yb)prohibiting or regulating the supply or offer of supply of proclaimed gas equipment;
(yc)the registration of proclaimed gas equipment, including—
(i)applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests);
(ii)the granting of registration;
(iii)conditions on registration;
(iv)the transfer of registration;
(v)variation of registration;
(vi)the refusal and cancellation of registration;
(vii)the renewal and duration of registration;
(viii)the keeping of registers of proclaimed gas equipment and registration holders;
(yd)the testing, marking and labelling of proclaimed gas equipment, including the provision of samples of that equipment and labels to Energy Safe Victoria for testing and the disposal of those samples;
(ye)reasonable fees and charges to be charged for or for the recovery of reasonable costs for—
(i)the testing, examination, marking or labelling of proclaimed gas equipment;
(ii)the preparation of reports about proclaimed gas equipment;
(iii)the registration, renewal of registration, modification of registration or transfer of registration of proclaimed gas equipment;
(yf)authorising or requiring the giving of public notices in relation to proclaimed gas equipment and the recovery of costs associated with those notices;
* * * * *
(aa)fixing fees and charges in respect of any function or service carried out by Energy Safe Victoria including—
(i)fees for the submission of safety cases with Energy Safe Victoria;
(ii)fees for the validation of safety cases by Energy Safe Victoria;
(iii)annual fees in relation to safety cases;
(iv)fees for any other application made to or documents submitted to Energy Safe Victoria under this Act or the regulations;
* * * * *
(cc)empowering Energy Safe Victoria to waive or rebate the payment of a fee in specified circumstances;
(dd)prescribing penalties not exceeding 20 penalty units for breaches of the regulations;
(ee)prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect.
(2)Regulations made under this Act may be made—
(a)so as to apply—
(i)at all times or at a specified time; or
(ii)throughout the whole of the State or in a specified part of the State;
(b)so as to require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or body;
(c)so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—
(i)as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or
(ii)as published or amended from time to time;
(d)so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body;
(e)so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.
PART 8—REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS
* * * * *
Division 2—Transitional provisions
* * * * *
124Transitional provisions—gas installations
(1)Sections 34(2), 73 and 74 do not apply to a gas installation existing at the date of commencement of this section.
(2)Subsection (1) ceases to apply to a gas installation if a modification is made to the gas installation on or after the commencement of this section, other than a modification associated with the repair or maintenance of the gas installation.
(3)Subject to subsection (2), subsection (1) ceases to apply to a liquefied petroleum gas installation at the end of 5 years after the commencement of this section.
125Transitional provisions—existing gas installation work
(1)In this section old regulations means the Gas and Fuel Corporation (Gas Installation) Regulations 1992.
(2)On the commencement of this section—
(a)a notice of compliance sent under regulation 19(2) of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance under section 73 in respect of that gas installation;
(b)an acceptance under the old regulations before that commencement of a notice of compliance in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73;
(c)a submission sent under regulation 21 of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance made under section 73 in respect of that gas installation;
(d)an acceptance under regulation 21 of the old regulations before that commencement of a submission in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73.
126Transitional provision—appliances
An appliance which was approved under an approval scheme of the Australian Gas Association A.C.N. 004 206 044 before the commencement of this section and was still approved at that commencement is deemed on that commencement to be accepted under an acceptance scheme declared under section 68.
127Transitional provisions—abolition of the Gas Appeals Board
Schedule 1 has effect.
128Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
(1)In this section—
commencement day means the day on which section 37 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation.
(2)In any proceeding commenced on or after the commencement day, section 95(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 94 before that commencement day.
129Transitional provision—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020
(1)The amendments made by the amending Act do not affect an appointment under section 86(1) that was in force immediately before the commencement of this section.
(2)An appointment referred to in subsection (1) continues in effect on and after the commencement of this section.".
(3)Section 108 applies in relation to an old direction in the same way that it applies in relation to a direction given under Division 1 of Part 6 by the Chief Executive Officer of Energy Safe Victoria.
(4)In this section—
amending Act means the Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020;
old direction means a direction that was given—
(a)under Division 1 of Part 6; and
(b)before the commencement of section 37 of the amending Act; and
(c)by the person who, at that time, was the Director within the meaning of the Energy Safe Victoria Act 2005 as in force at that time.
SCHEDULE 1—TRANSITIONAL PROVISIONS
1Definitions
In this Schedule—
Board means Gas Appeals Board established under the Gas Safety Act 1997 as in force prior to the commencement day;
commencement day means the day on which section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation;
VCAT Act means the Victorian Civil and Administrative Tribunal Act 1998.
2Abolition of the Gas Appeals Board
(1)On the commencement day, the Gas Appeals Board is abolished and its members go out of office.
(2)On and from the commencement day, a reference to the Board in any Act or subordinate instrument (other than this Schedule) or in any other document, so far as it relates to any period after that day and unless the context otherwise requires, must be construed as a reference to the Tribunal.
(3)Subclause (1) does not affect any other provision of this Schedule—
(a)dealing with proceedings before the Gas Appeals Board; or
(b)providing for the Gas Appeals Board to continue for certain purposes.
(4)If under this Schedule the Gas Appeals Board continues for certain purposes, the provisions of the Gas Safety Act 1997, as in force immediately before the commencement day relating to membership and procedure, continue to apply for those purposes.
3Pending proceedings
(1)If, immediately before the commencement day, a proceeding was pending before the Board but the Board had not begun to hear the matter or had not been presented with any evidence on any material question of fact, the proceeding is to be heard and determined by the Tribunal and for that purpose—
(a)the proceeding is to be taken to have been commenced in the Tribunal; and
(b)anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and
(c)the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and
(d)anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and
(e)the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act as in force immediately before the commencement day; and
(f)any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act.
(2)If immediately before the commencement day a proceeding was pending before the Board and the Board had begun to hear the matter or had been presented with evidence on a material question of fact—
(a)the proceeding is to be heard and determined by the Board in accordance with the provisions of the Gas Safety Act 1997 as in force immediately before the commencement day; and
(b)the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and
(c)for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and
(d)the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.
4Determinations or orders made by Board
A determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force immediately before that day.
5Power to resolve transitional difficulties
If any difficulty arises because of the operation of this Schedule in relation to a proceeding (including a proceeding pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.
6Transfer of registers
(1)The Secretary to the Department of Natural Resources and Environment must ensure that—
(a)the register, required to be kept by the Gas Appeals Board under section 93(2) of the Gas Safety Act 1997, as in force immediately before the commencement of section 14 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, is sent to the Director; and
(b)the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the Gas Safety Act 1997 as in force immediately before the commencement of section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal.
(2)Despite subclause (1)(b), the Secretary is not required to send to the principal registrar documents relating to a proceeding to which clause 3(2) applies until the conclusion of that proceeding.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 30 October 1997
Legislative Council: 19 November 1997
The long title for the Bill for this Act was "A Bill to provide for the safe conveyance, sale, supply, measurement, control and use of gas, to amend the Gas Industry Act 1994 and other Acts and for other purposes."
The Gas Safety Act 1997 was assented to on 16 December 1997 and came into operation as follows:
Part 1 (sections 1–8) on 16 December 1997: section 2(1); rest of Act on 1 February 1999: Government Gazette 21 January 1999 page 80.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Gas Safety Act 1997 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998
Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Gas Industry Acts (Amendment) Act 1998, No. 91/1998
Assent Date: 24.11.98 Commencement Date: S. 34 on 24.11.98: s. 2(1); ss 26(1), 28(2)(3), 29, 30, 33 on 1.12.98: s. 2(6); ss 31, 32 on 24.6.99: Government Gazette 24.6.99 p. 1465; ss 26(2)(3), 27, 28(1) on 1.9.99: Government Gazette 5.8.99 p. 1825 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999
Assent Date: 8.6.99 Commencement Date: Ss 32, 33 on 8.6.99: s. 2(1); ss 34, 35 on 24.6.99: Government Gazette 24.6.99 p. 1465 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Gas Industry Acts (Amendment) Act 2000, No. 91/2000
Assent Date: 5.12.00 Commencement Date: Ss 16–22, 25–28, 30–37 on 12.4.01: Government Gazette 12.4.01 p. 643; ss 23, 24, 29 on 31.12.01: s. 2(4) CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001
Assent Date: 19.6.01 Commencement Date: S. 34 on 1.9.01: s. 2(2) CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002
Assent Date: 12.6.02 Commencement Date: Ss 12–19 on 29.7.02: Government Gazette 18.7.02 p. 1658 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Public Administration Act 2004, No. 108/2004
Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 88) on 5.4.05: Government Gazette 31.3.05 p. 602 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Safe Victoria Act 2005, No. 39/2005
Assent Date: 27.7.05 Commencement Date: Ss 49–52, Sch. 2 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006
Assent Date: 13.6.06 Commencement Date: Ss 6–9 on 14.6.06: s. 2(1) CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006
Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 24) on 1.7.06: Government Gazette 29.6.06 p. 1315 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008
Assent Date: 22.10.08 Commencement Date: S. 40 on 23.10.08: s. 2(1); s. 39 on 18.1.09: Government Gazette 18.12.08 p. 2998 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009
Assent Date: 17.6.09 Commencement Date: S. 37 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy and Resources Legislation Amendment Act 2009, No. 57/2009
Assent Date: 21.10.09 Commencement Date: Ss 19–22 on 13.12.09: Government Gazette 10.12.09 p. 3215 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011
Assent Date: 8.11.11 Commencement Date: Ss 35–40 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013
Assent Date: 18.6.13 Commencement Date: S. 35(Sch. 2 item 4) on 1.7.13: s. 2 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013
Assent Date: 18.6.13 Commencement Date: Ss 14, 15 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 CurrentState: This information relates only to the provision/s amending the Gas Safety Act 1997
Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014
Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 74) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017
Assent Date: 14.2.17 Commencement Date: Ss 14, 15 on 1.1.18: s. 2(3) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
Oaths and Affirmations Act 2018, No. 6/2018
Assent Date: 27.2.18 Commencement Date: S. 68(Sch. 2 item 61) on 1.3.19: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019, No. 20/2019
Assent Date: 2.7.19 Commencement Date: S. 178 on 1.7.20: Special Gazette (No. 328) 30.6.20 p. 1 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020
Assent Date: 25.2.20 Commencement Date: Ss 33–50 on 1.1.21: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy Legislation Amendment (Energy Safety) Act2023, No. 22/2023
Assent Date: 22.8.23 Commencement Date: Ss 41–58 on 16.5.24: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025
Assent Date: 20.5.25 Commencement Date: Ss 62–80 on 21.5.25: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997
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3 Explanatory details
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