Gas Safety (Gas Installation) Amendment (Type A Appliances) Regulations 2022 (Vic)

Gas Safety (Gas Installation) Amendment (Type A Appliances) Regulations 2022

S.R. No. 29/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6Prescribed standards for gasfitting work

7New regulations 36, 37 and 38 inserted

8New Schedule 14 inserted

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Endnotes

STATUTORY RULES 2022

S.R. No. 29/2022

Gas Safety Act 1997

Gas Safety (Gas Installation) Amendment (Type A Appliances) Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 17 May 2022

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Gas Safety (Gas Installation) Regulations 2018—

(a)to prescribe AS 4575 as the standard to which a certain kind of gasfitting work applies; and

(b)to require the creation and giving of records in relation to that work.

2Authorising provision

These Regulations are made under section 118 of the Gas Safety Act 1997.

3Commencement

These Regulations come into operation on 1 June 2022.

4Principal Regulations

In these Regulations the Gas Safety (Gas Installation) Regulations 2018[1] are called the Principal Regulations.

5Definitions

(1)In regulation 5 of the Principal Regulations insert the following definitions—

'AS 4575 means AS 4575, "Gas appliances—Servicing of Type A appliances" as published or amended from time to time;

licensed gasfitter means a person who is licensed, under section 221M of the Building Act 1993, to carry out gasfitting work within the meaning of the Plumbing Regulations 2018;

registered gasfitter means a person who is registered, under section 221O of the Building Act 1993, to carry out gasfitting work within the meaning of the Plumbing Regulations 2018;

supervising gasfitter, for gasfitting work (within the meaning of the Plumbing Regulations 2018) carried out by a registered gasfitter, means the licensed gasfitter under whose supervision the work is carried out as described in section 221OA(5) of the Building Act 1993;

Type A appliance servicing work is the internal cleaning, maintenance and adjusting of a Type A appliance and includes the adjustment, repair or replacement of a component of the Type A appliance;

VBA means the Victorian Building Authority established by section 193 of the Building Act 1993.'.

(2)In regulation 5 of the Principal Regulations, in the definition of the Act, for "1997." substitute "1997;".

6Prescribed standards for gasfitting work

After regulation 12(3) of the Principal Regulations insert—

"(4)For the purposes of section 72(1) of the Act, the prescribed standard for Type A appliance servicing work on an appliance that is part of a standard gas installation is AS 4575.".

7New regulations 36, 37 and 38 inserted

After regulation 35 of the Principal Regulations insert—

"36   Licensed gasfitter who carries out certain work must create and provide a record

(1)This regulation applies in relation to Type A appliance servicing work carried out on an appliance that is part of a standard gas installation (applicable work).

(2)A licensed gasfitter who carries out applicable work must create a record of the work that—

(a)includes the matters specified in Schedule 14; and

(b)includes the additional matters (if any) specified by the VBA; and

(c)is not false or misleading in any material detail; and

(d)is in the form specified by the VBA.

Penalty:20 penalty units.

(3)A licensed gasfitter who carries out applicable work must, within 5 days of carrying out the work, give a copy of the record to the person for whom the work was carried out.

Penalty:20 penalty units.

(4)A licensed gasfitter who carries out applicable work must, within 5 days of carrying out the work, give the VBA a record of the work that complies with subregulation (2)(a), (b) and (c) in the manner and form specified by the VBA.

Penalty:20 penalty units.

37Licensed gasfitter who supervises certain work must create and provide a record

(1)This regulation applies in relation to Type A appliance servicing work carried out on an appliance that is part of a standard gas installation, and for which there is a supervising gasfitter (applicable work).

(2)The supervising gasfitter for the applicable work must create a record of the work that—

(a)includes the matters specified in Schedule 14; and

(b)includes the additional matters (if any) specified by the VBA; and

(c)is not false or misleading in any material detail; and

(d)is in the form specified by the VBA.

Penalty:20 penalty units.

(3)The supervising gasfitter for the applicable work must, within 5 days of carrying out the work, give a copy of the record to the person for whom the work was carried out.

Penalty:20 penalty units.

(4)The supervising gasfitter for the applicable work must, within 5 days of carrying out the work, give the VBA a record of the work that complies with subregulation (2)(a), (b) and (c) in the manner and form specified by the VBA.

Penalty:20 penalty units.

38Publication of matters specified by the VBA

The VBA must take reasonable steps to ensure that the following information is published on the VBA's website—

(a)the matters, specified by the VBA under regulation 36(2)(b), that are to be included in a record referred to in regulation 36;

(b)the form, specified by the VBA under regulation 36(2)(d), that is to be used for a record created under regulation 36(2);

(c)the manner and form, specified by the VBA under regulation 36(4), in which a record under that provision is to be given to the VBA;

(d)the matters, specified by the VBA under regulation 37(2)(b), that are to be included in a record referred to in regulation 37;

(e)the form, specified by the VBA under regulation 37(2)(d), that is to be used for a record created under regulation 37(2);

(f)the manner and form, specified by the VBA under regulation 37(4), in which a record under that provision is to be given to the VBA.".

8New Schedule 14 inserted

After Schedule 13 to the Principal Regulations insert—

"Schedule 14—Matters included in record of Type A appliance servicing work 

Regulations 36(2)(a) and 37(2)(a)

1The name of the licensed or registered gasfitter who carried out the work. 

2The licence or registration number of the licensed or registered gasfitter who carried out the work; 

3If the work was carried out by a registered gasfitter—

(a)the name of the supervising gasfitter for the work; and

(b)the licence number of the supervising gasfitter. 

4The business name of the vendor in the financial transaction for provision of the work.

5The ABN of the vendor in the financial transaction for provision of the work.

6The date the work was carried out. 

7The address at which the work was carried out. 

8Details of the appliance on which the work was carried out, including— 

(a)make;

(b)model;

(c)model number; 

(d)gas type; 

(e)serial number or date of manufacture; 

(f)certification body;

(g)certification number.

9A completed version of the checklist in Appendix E of AS 4575. 

10Details of the work carried out, including any adjustments, replacements, testing and repairs.

11A statement to the effect that the information in the record is not false or misleading in any material detail.

12The signature of the licensed gasfitter who either undertook the work or was the supervising gasfitter for the work.

13The date on which the signature referred to in item 12 was given.".

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Endnotes

[1] Reg. 4: S.R. No. 140/2018.

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Table of Applied, Adopted or Incorporated Matter

The following table of applied, adopted or incorporated matter is included in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.

Statutory rule provision	Title of applied, adopted or incorporated document	Matter in applied, adopted or incorporated document
Regulation 5 which inserts the definition of AS 4575 into regulation 5 of the Principal Regulations Regulation 6 which inserts regulation 12(4) into the Principal Regulations	AS 4575, "Gas appliances—Servicing of Type A appliances" published on 9 August 2019 by Standards Australia	The whole
Schedule 14, item 9	AS 4575, "Gas appliances—Servicing of Type A appliances" published on 9 August 2019 by Standards Australia	Appendix E