Gas Safety Legislation Amendment Act 2014 (ACT)
Gas Safety Legislation Amendment Act 2014
A2014-38
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
4 Legislation repealed 2
Part 2Construction Occupations (Licensing) Act 2004
5 New section 12A 3
6 Construction occupations registrarNew section 103 (2) (ha) 3
7 New part 21 4
Part 3Construction Occupations (Licensing) Regulation 2004
8 Term of licences generally—Act, s 24New section 7 (1) (g) 10
9 New section 31B 10
10 Considerations for endorsing under s 30 and s 31 etcSection 32 (1) 11
11 New section 41A 11
12 Schedule 1, new part 1.7A 11
13 Gasfitters licence demerit grounds for occupational discipline—Act, s 55 (1) (a)Schedule 2, part 2.5, item 2.5.1, column 2 12
14 Schedule 2, part 2.5, item 2.5.26 13
15 Schedule 2, part 2.5, item 2.5.27, column 2 14
16 Reviewable decisionsSchedule 4, new item 28A 14
Part 4Gas Safety Act 2000
17 New division 1.1 heading 15
18 Section 5 15
19 Section 8 20
20 Section 9 21
21 Misuse of compliance indicators etcSection 10 22
22 Section 12 22
23 Division 2.2 heading 23
24 Work to be done by accredited peopleSection 13 23
25 Section 14 23
26 Consumer piping system—owner’s responsibilitySection 15 (3) 24
27 Section 16 heading 25
28 Section 16 (1) 25
29 Section 16 (2) (a) (ii) 25
30 Section 17 heading 25
31 Section 17 (1) 25
32 Section 17 (2) (a) (ii) 26
33 Part 4 heading 26
34 Definitions for pt 4Section 18, new definitions 26
35 Section 18, definition of trader 27
36 Section 19 27
37 Division 4.2 heading 27
38 Sections 20 to 24 27
39 Compliance indicators to be attachedSection 25 (1) 32
40 Section 25 (2) 32
41 Section 25 (3) 32
42 Section 25 (3) 33
43 Section 25 (4) 33
44 Misuse of compliance indicators etcSection 26 33
45 Division 4.3 heading 33
46 Section 27 heading 34
47 Section 27 (1) 34
48 Section 27 (1) 34
49 Section 27 (2) 34
50 Section 27 (4) 35
51 Section 27 (5) 35
52 Section 28 heading 35
53 Section 28 (1) to (3) 35
54 Section 29 heading 36
55 Section 29 36
56 Section 29 36
57 Section 29 36
58 Section 29 37
59 Publication of safety warnings etcSection 30 (1) 37
60 Section 30 (1) 37
61 Section 30 (2) 37
62 Section 30 (2) (a) 38
63 Section 30 (2) (b) 38
64 Reporting by occupiers and gasfitters etcSection 32 (2) 38
65 Sections 33 to 35 38
66 Section 38 heading 39
67 Section 38 39
68 Section 38 39
69 Section 39 heading 39
70 Appointment of inspectorsSection 40 40
71 Section 40 40
72 Identity cardsSection 41 40
73 General powers on entry to premisesSection 47 (2) (a) 40
74 Section 47 (2) (a) and (b) 41
75 Section 49 heading 41
76 Section 49 (1) 41
77 Powers in relation to consumer piping systemsSection 50 (2) 41
78 New section 50 (4A) to (4C) 42
79 Section 51 heading 43
80 Section 51 (1) (a) 43
81 Section 51 (1) (b) 43
82 Section 51 (2) 43
83 Section 51 (3) 44
84 Defective equipment—disconnection etcSection 52 (1) 45
85 Section 52 (1) (b) 45
86 Section 52 (2) 45
87 Power to seize evidenceSection 54 (5) 45
88 Return of things seizedSection 57 (3) 46
89 Codes of practiceSection 65 (2) (b) (i) 46
90 Section 65 (2) (b) (ii) 46
91 Section 65 (4) 46
92 Approved formsSection 68 47
93 Regulation-making powerSection 69 (2) (a) 47
94 Section 69 (2) (b) 47
95 Section 69 (2) (c) 47
96 Section 69 (2) (d) 48
97 Section 69 (2) (f) 48
98 New section 69 (2) (h) and (i) 48
99 New section 69 (2A) and (2B) 49
100 Section 69 (3), penalty 49
101 Dictionary, definitions of accredited, appliance and appliance work 49
102 Dictionary, definition of approved 49
103 Dictionary, new definitions 50
104 Dictionary, definition of certificate of compliance 50
105 Dictionary, definition of compliance indicator 50
106 Dictionary, definition of corresponding law 50
107 Dictionary, new definitions 50
108 Dictionary, definitions of gasfitter and gasfitting work 51
109 Dictionary, definition of gas safety legislation 51
110 Dictionary, definition of prohibited 51
111 Dictionary, new definition of relevant standard 51
112 Dictionary, definition of responsible gasfitter 51
113 Dictionary, definitions of sell and trader 52
114 Dictionary, new definitions 52
Part 5Gas Safety Regulation 2001
115Offences against regulation—application of Criminal Code etc
Section 4AA, note 1 53116 New section 5 53
117 Testing gasfitting work on consumer piping system—Act, s 8Section 6 53
118 Section 6 (a) 54
119 Testing gas connection serviceSection 7 (1) 54
120 Section 7 (2) 54
121 Section 7 (2) 54
122 Section 7 (2) 55
123 Section 7 (3) 55
124 Section 9 heading 55
125 Section 9 (1) and (2) 55
126 Section 9 (3) 56
127 Section 10 heading 56
128 Section 10 (1) (a) 56
129 Section 10 (1) (c) 57
130 Section 10 (3) 57
131 Compliance indicatorsSection 11 57
132 Certificates of complianceSection 12 (2) 57
133 Section 12 (4) 58
134 Interfering with compliance indicatorsSection 13 58
135 Unsafe consumer piping system—Act, s 12Section 15 58
136 Section 17 heading 58
137 Section 17 (1) and (2) 58
138 Division 2.2 heading 59
139 Accreditation to do appliance workSection 17A 59
140 Sections 17B and 17C 59
141 Section 17D heading 60
142 Section 17D (1) 60
143 Section 17D (1) (a) 60
144 Section 17D (2) 61
145 Section 17D (2) (a) 61
146 Section 17D (2) (c) (iv) 61
147 Section 17D (3) and (4) 61
148 Section 17D (5) 62
149 Section 17D (6) and (7) 62
150 Interfering with defect tagSection 17E 63
151 Part 3 heading 63
152 Consumer piping system not to be used unless certified safeSection 18 (2) (a) 63
153 Section 18 (3) 63
154 New section 18 (4) 64
155 Part 3A heading 64
156 Sections 18B and 18C 64
157 Sections 18D to 18H 64
158 Sections 19 and 19A 68
159 Section 20A 69
160 Reviewable decisions—Act and regulationSchedule 1, part 1.1 heading 69
161 Schedule 1, part 1.1, items 1 and 2 69
162 Schedule 1, part 1.1, item 3, column 3 69
163 Schedule 1, part 1.1, item 6, column 4 69
164 Schedule 1, part 1.1, items 11 to 13, column 3 70
165 Reviewable decisions—code approved under s 17ASchedule 1, part 1.2 70
166 Dictionary, note 3 70
167 Dictionary 70
168 Dictionary, definitions of type A appliance and type B appliance 70
Gas Safety Legislation Amendment Act 2014
A2014-38
An Act to amend legislation about gas safety, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the Gas Safety Legislation Amendment Act 2014.
Commencement
This Act commences on a day fixed by the Minister by written notice.
Note 1The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
Note 2A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act, s 77 (1)).
Note 3If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act, s 79).
Legislation amended
This Act amends the following legislation:
· Construction Occupations (Licensing) Act 2004
· Construction Occupations (Licensing) Regulation 2004
· Gas Safety Act 2000
· Gas Safety Regulation 2001.
Legislation repealed
The Gas Safety (Appliance Worker Accreditation Code) Approval 2007 (DI2007-33) is repealed.
Part 2Construction Occupations (Licensing) Act 2004
New section 12A
insert
12AWhat is a gas appliance worker?
(1)A gas appliance worker is an entity that provides, has provided or proposes to provide a gas appliance service.
(2)A gas appliance service is the doing or supervising of type A gas appliance work or type B gas appliance work.
(3)In this section:
type A gas appliance work—see the Gas Safety Act 2000, section 6B.
type B gas appliance work—see the Gas Safety Act 2000, section 6C.
Construction occupations registrar
New section 103 (2) (ha)insert
(ha)gas appliance work;
New part 21
insert
Part 21Transitional—Gas Safety Legislation Amendment Act 2014
Definitions—pt 21
In this part:
code means the Gas Safety (Appliance Worker Accreditation Code) Approval 2007 (repealed).
commencement day means the day the Gas Safety Legislation Amendment Act 2014, part 2 commences.
Validation of code
The code is taken to be, and always to have been, valid as if the purported subdelegation of power to approve a code in relation to the accreditation of people to do appliance work under the Gas Safety Regulation 2001, section 17A (1) had been a valid delegation of power under the Gas Safety Act 2000.
Accreditation under code
(1)This section applies to a person if—
(a)immediately before the commencement day, the person was accredited to do appliance work under the code; and
(b)section 187 (Pending suspension or cancellation of accreditation) does not apply to the person.
(2)The person is taken to be licensed as a gas appliance worker under section 19.
(3)The registrar must—
(a)if the person was accredited under the code to do appliance work that is directly equivalent to an occupation class of gas appliance worker under this Act—issue a licence to the person in that occupation class; or
(b)if the person was accredited under the code to do appliance work that is not directly equivalent to an occupation class of gas appliance worker under this Act—do one of the following:
(i)issue a licence in an occupation class under this Act with a condition that the person undertake stated training to become fully eligible for a licence in that occupation class;
(ii)issue a licence in an occupation class for which the person would be eligible under this Act.
(4)The licence issued to the person ends when the person’s accreditation under the code would have ended.
(5)A licence issued to the person under subsection (3) is—
(a)if the person’s accreditation under the code is subject to a condition—taken to have been issued under this Act subject to that condition; and
(b)if the person’s accreditation under the code was in suspension on the commencement day—taken to have been suspended until the time when the suspension would have ended under the code.
(6)The registrar must enter in the register the particulars mentioned in the Construction Occupations (Licensing) Regulation 2004, section 9 in relation to the person.
(7)In this section:
directly equivalent—an accreditation under the code is directly equivalent to a gas appliance worker licence if the appliance work that the person was accredited to do under the code corresponds to the gas appliance work to which the licence applies.
Certain information to be given to registrar
(1)This section applies if a licensee has not given the registrar the licensee’s mobile telephone number and email address (the required information).
(2)The licensee must give the registrar the required information within 6 months after the day this section commences.
NoteIf a form is approved under s 128 for this provision, the form must be used.
(3)If the licensee’s licence is due for renewal within 6 months after the day this section commences, the licensee may include the required information in the application for renewal instead of an approved form for this provision (if any).
Pending applications for accreditation
(1)This section applies if, before the commencement day—
(a)a person applied to the chief executive for accreditation or renewal of accreditation under the code; and
(b)the chief executive has not decided the application.
(2)The application is taken to be an application for a licence as a gas appliance worker under this Act.
(3)However, the eligibility of the person for the licence must be assessed against the eligibility criteria in the code.
Pending suspension or cancellation of accreditation
(1)This section applies to a person if, on the commencement day—
(a)the chief planning executive has taken action under the code to suspend or cancel the person’s accreditation; and
(b)the chief planning executive has not made a final decision on the suspension or cancellation action.
(2)The chief planning executive must proceed to make a final decision in relation to the person following the process stated in the code.
(3)If the chief planning executive’s final decision is to suspend the person’s accreditation—
(a)the person is taken to be licensed as a gas appliance worker under section 19 (Decision on licence application); and
(b)the person’s licence is taken to be suspended under part 8 (Demerit points system); and
(c)the registrar must serve a notice of licence suspension on the person in accordance with section 97 (Licence suspension).
(4)If the chief planning executive’s final decision is to cancel the person’s accreditation—
(a)the person is taken to have been disqualified under part 8 from holding a gas appliance worker’s licence; and
(b)the registrar must serve a notice of licence disqualification on the person in accordance with section 98 (Licence disqualification).
(5)If the chief planning executive’s final decision is to not suspend or cancel the person’s accreditation, section 184 applies to the person.
(6)In this section:
final decision, of the chief planning executive, means a decision made by the chief planning executive after completing the process stated in the code for suspending or cancelling an accredited appliance worker’s accreditation.
Review rights preserved
(1)This section applies if—
(a)the chief planning executive has made a decision under the code; and
(b)a right to review of the decision existed immediately before the commencement day.
(2)The decision is taken to be a decision made by the construction occupations registrar under this Act on the day the decision was made by the chief planning executive.
Conduct engaged in before commencement day
(1)Part 4 (Rectification orders and other obligations on licensees), part 5 (Automatic licence suspension and occupational discipline), part 6 (Enforcement), part 8 (Demerit points system) and part 11 (Complaints) apply to conduct engaged in before the commencement day as if—
(a)a reference to a construction occupation included a reference to gas appliance worker; and
(b)a reference to a licensee or former licensee included a reference to a person who was an accredited appliance worker under the code (whether or not the person is also a licensee or former licensee for this Act); and
(c)all other necessary changes were made; and
(d)any changes prescribed by regulation were made.
(2)This section expires 10 years after the day it commences.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Expiry—pt 21
This part (other than section 189) expires 3 years after the day it commences.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Part 3Construction Occupations (Licensing) Regulation 2004
Term of licences generally—Act, s 24
New section 7 (1) (g)insert
(g)gas appliance worker.
New section 31B
insert
31BEndorsing licences for gas appliance work—Act, s 22
(1)This section applies to—
(a)an advanced gasfitters licence; and
(b)a general gasfitters licence.
(2)The registrar may, on application, endorse the licence to authorise the licensee to do type B gas flue work, if satisfied that the licensee is competent to do the work.
NoteIn deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.
(3)In this section:
type B gas flue work means work on the flue of a type B gas appliance, including the connection of the flue to, and disconnection of the flue from, the appliance.
Considerations for endorsing under s 30 and s 31 etc
Section 32 (1)omit
or section 31A
substitute
, section 31A or section 31B
New section 41A
insert
41AClasses of gas appliance worker
The construction occupation of gas appliance worker is divided into the classes in schedule 1, part 1.7A, column 2.
Schedule 1, new part 1.7A
insert
Part 1.7AGas appliance worker
| column 1 item | column 2 construction occupation class | column 3 construction work |
| 1 | unrestricted type A | type A gas appliance work without supervision |
| 2 | restricted type B | type A gas appliance work under the supervision of a licensee with an unrestricted type A licence |
| 3 | unrestricted type B | type B gas appliance work without supervision |
| 4 | restricted type B–level 2 | (a) without supervision—type B gas appliance work on— (i) an atmospheric type gas appliance that consumes less than 2000MJ/h; or (ii) a forced draft burner system that consumes less than 500MJ/h; and (b) under the supervision of a licensee with an unrestricted type B licence—any other type B gas appliance work |
| 5 | restricted type B–level 1 | type B gas appliance work under the supervision of a licensee with— (a) an unrestricted type B licence; or (b) a restricted type B–level 2 licence that authorises the licensee to perform the work to be completed unsupervised |
Gasfitters licence demerit grounds for occupational discipline—Act, s 55 (1) (a)
Schedule 2, part 2.5, item 2.5.1, column 2before
appliance
insert
gas
Schedule 2, part 2.5, item 2.5.26
substitute
| 2.5.26 | fail to comply with Gas Safety Act 2000, s 9 (1)—gasfitting work completed in accordance with Gas Safety Act 2000, s 8, but certificate of compliance for work not given in accordance with Gas Safety Act 2000 | failure to give appropriate certificate of compliance for pipework | 3 |
Schedule 2, part 2.5, item 2.5.27, column 2
omit
s 24 (2)
insert
s 23 (2)
Reviewable decisions
Schedule 4, new item 28Ainsert
| 28A | Act, s 31B | refuse to endorse advanced gasfitters licence or general gasfitters licence | licensee |
Part 4Gas Safety Act 2000
New division 1.1 heading
before section 1, insert
Division 1.1 Introduction
Section 5
substitute
Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 8 (Gasfitting work to comply with relevant standard)
· s 8A (Offences—energy efficiency requirements for gasfitting work)
· s 9 (Certificate of compliance)
· s 12 (Unsafe consumer piping system)
· s 14 (Standard of gas appliance work)
· s 14A (Offences—energy efficiency requirements for gas appliance work)
· s 23 (Offence to sell or use unapproved gas appliance)
· s 24 (Offences—energy efficiency requirements for gas appliances)
· s 24A (Offence to dispose of gas equipment otherwise than in accordance with standards)
· s 25 (Compliance indicators to be attached).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Division 1.2 Objects and important concepts
Objects of Act
The main objects of this Act are to—
(a)promote safe and efficient gas usage; and
(b)establish a regulatory system for the following:
(i)the installation, operation, maintenance and repair of consumer piping systems;
(ii)the connection of gas appliances to consumer piping systems;
(iii)the commissioning, maintenance, repair and servicing of gas appliances connected to consumer piping systems;
(iv)the testing and inspection of consumer piping systems and gas appliances.
6AMeaning of gas appliance
In this Act:
gas appliance means a gas burning appliance that is manufactured, adapted or designed for connection to a consumer piping system.
6BMeaning of type A gas appliance work
In this Act:
type A gas appliance work means the maintenance, repair or service of a type A gas appliance other than—
(a)gasfitting work; or
(b) work exempted by regulation.
6CMeaning of type B gas appliance work
In this Act:
type B gas appliance work means the installation, commissioning, maintenance, modification, repair or service of a type B gas appliance connected to a consumer piping system other than—
(a)gasfitting work (excluding the connection of a type B gas appliance to, and the disconnection of a type B gas appliance from, a gas isolation valve in a consumer piping system); or
(b)work exempted by regulation.
6DMeaning of gas appliance worker
In this Act:
gas appliance worker means a person licensed in the construction occupation of gas appliance worker under the Construction Occupations (Licensing) Act 2004, part 3.
6EMeaning of gasfitter
In this Act:
gasfitter means a person licensed in the advanced or general construction occupation class, for the construction occupation of gasfitter, under the Construction Occupations (Licensing) Act 2004, part 3.
6FMeaning of gasfitting work
In this Act:
gasfitting work—
(a)means—
(i)work on a consumer piping system, or proposed consumer piping system, including the connection or disconnection of a gas appliance (other than a gas appliance designed to be portable by users and connected by means of a flexible hose to a gas bayonet or gas turret) to or from the system; or
(ii)the inspection or testing of a consumer piping system; and
(b)includes the installation of a flue for a type A gas appliance; but
(c)does not include the installation of a flue for a type B gas appliance.
6GMeaning of gas safety legislation
In this Act:
gas safety legislation means—
(a)this Act; and
(b)the Construction Occupations (Licensing) Act 2004.
NoteA reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).
6HMeaning of relevant standard
(1)In this Act:
relevant standard—
(a)for gasfitting and gasfitting work means—
(i)AS/NZS 5601 as in force from time to time; or
(ii)if another standard is prescribed—that standard; and
(b)for gas appliances and gas appliance work means—
(i)in relation to a type A gas appliance—
(A)AS/NZS 5601 as in force from time to time; or
(B)if another standard is prescribed—that standard; and
(ii)in relation to a type B gas appliance—
(A)AS/NZS 1375, AS/NZS 3814 and AS/NZS 5601 as in force from time to time; or
(B)if another standard is prescribed—that standard.
(2)The Legislation Act, section 47 (6) does not apply to AS/NZS 1375, AS/NZS 3814 or AS/NZS 5601.
NoteAS/NZS 1375, AS/NZS 3814 and AS/NZS 5601 do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standards may be purchased at type="1">
Section 8
substitute
Offence—gasfitting work to comply with relevant standard
(1)A gasfitter commits an offence if—
(a)the gasfitter carries out gasfitting work; and
(b)the gasfitter fails to carry out the gasfitting work—
(i)in a safe and skilful way; and
(ii)in accordance with the relevant standard.
Maximum penalty: 50 penalty units.
(2)A regulation may prescribe considerations to be taken into account to decide whether gasfitting work is carried out in a safe and skilful way.
8AOffences—energy efficiency requirements for gasfitting work
(1) A gasfitter commits an offence if—
(a)the gasfitter carries out gasfitting work; and
(b)the work does not comply with a regulation about energy efficiency or environmental harm that applies to the work.
Maximum penalty: 50 penalty units.
NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(2)A gasfitter commits an offence if—
(a)the gasfitter carries out gasfitting work on a consumer piping system; and
(b)the consumer piping system does not comply with a regulation about energy efficiency or environmental harm that applies to the work.
Maximum penalty: 50 penalty units.
NoteThe Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.
Section 8A only operates if a regulation is made for it, and s 8A and the regulation are consistent with the Commonwealth Act and able to operate concurrently with it (see Self-Government Act, s 28 and Commonwealth Act, s 9).
Section 9
substitute
Offence—certificate of compliance
A responsible gasfitter commits an offence if—
(a)the gasfitter finishes gasfitting work; and
(b)the gasfitter fails to give each person prescribed by regulation, a written statement (a certificate of compliance) certifying that—
(i)the finished gasfitting work was carried out in accordance with the gas safety legislation; and
(ii)any consumer piping system or appliance that is part of the finished gasfitting work is safe to use and complies with the gas safety legislation.
Maximum penalty: 50 penalty units.
Note 1Section 8 requires gasfitting work to be carried out to a particular standard and in accordance with particular standards.
Note 2If a form is approved under s 68 for this provision, the form must be used.
Misuse of compliance indicators etc
Section 10omit
Section 12
substitute
Offence—unsafe consumer piping system
A gasfitter commits an offence if—
(a)the gasfitter carries out gasfitting work on a consumer piping system; and
(b)the system poses a substantive risk to the safety of any person or property; and
(c)the gasfitter fails—
(i)to take immediate action to eliminate the risk; or
(ii)to give notice in writing about the risk, and the action taken to eliminate the risk, to each person prescribed by regulation as soon as practicable.
Maximum penalty: 50 penalty units.
Division 2.2 heading
substitute
Division 2.2 Gas appliance work
Work to be done by accredited people
Section 13omit
Section 14
substitute
Offence—standard of gas appliance work
(1)A gas appliance worker commits an offence if—
(a)the worker carries out gas appliance work; and
(b)the worker fails to carry out the gas appliance work—
(i)in a safe and skilful way; and
(ii)in accordance with the relevant standard.
Maximum penalty: 50 penalty units.
(2)A regulation may prescribe considerations to be taken into account to decide whether gas appliance work is carried out in a safe and skilful way.
14AOffences—energy efficiency requirements for gas appliance work
(1) A gas appliance worker commits an offence if—
(a)the worker carries out gas appliance work; and
(b)the work does not comply with a regulation about energy efficiency or environmental harm that applies to the work.
Maximum penalty: 50 penalty units.
NotePower to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48).
(2)A gas appliance worker commits an offence if—
(a)the worker carries out gas appliance work on a gas appliance; and
(b)the gas appliance does not comply with a regulation about energy efficiency or environmental harm that applies to the appliance.
Maximum penalty: 50 penalty units.
Note The Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.
Section 14A only operates if a regulation is made for it, and s 14A and the regulation are consistent with the Commonwealth Act and able to operate concurrently with it (see Self-Government Act, s 28 and Commonwealth Act, s 9).
Consumer piping system—owner’s responsibility
Section 15 (3)substitute
(3)In this section:
advice of a gasfitter includes receipt of a certificate of compliance from a gasfitter.
Section 16 heading
substitute
Gas appliances—owner’s responsibility
Section 16 (1)
omit
an appliance
substitute
a gas appliance
Section 16 (2) (a) (ii)
omit
person accredited to do appliance work
substitute
gas appliance worker
Section 17 heading
substitute
Gas appliances—user’s responsibility
Section 17 (1)
omit
an appliance
substitute
a gas appliance
Section 17 (2) (a) (ii)
omit
person accredited to do appliance work
substitute
gas appliance worker
Part 4 heading
substitute
Part 4Regulation of gas appliances
Definitions for pt 4
Section 18, new definitionsinsert
approved—a gas appliance is approved if—
(a)the appliance is of a type approved under section 20 (an approved type A gas appliance); or
(b)the appliance is approved by the construction occupations registrar under section 21 (an approved type B gas appliance); or
(c)if the appliance is not an approved type A gas appliance or approved type B gas appliance—the appliance consumes gas at a rate of less than 10MJ/h.
corresponding law means a law declared by the Minister to be a corresponding law under section 19.
Section 18, definition of trader
before
appliances
insert
gas
Section 19
substitute
Declaration of corresponding law
(1)The Minister may declare a law of a State or another Territory, being a law that contains provisions for the approval of type A gas appliances, to be a corresponding law for this part.
(2)A declaration is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Division 4.2 heading
substitute
Division 4.2 Approved gas appliances
Sections 20 to 24
substitute
Approval of type A gas appliances
(1)A gas appliance is an approved type A gas appliance if the appliance—
(a)is approved—
(i)under a corresponding law; or
(ii)under a regulation; and
(b)complies with any safety standard that applies to the appliance as a condition of that approval; and
(c)is used for a purpose for which it has been approved; and
(d)is not an appliance that has been declared a prohibited appliance under section 27.
(2)A gas appliance ceases to be an approved type A gas appliance if the construction occupations registrar is satisfied that—
(a)under a corresponding law, appliances of that kind have been found unsafe to use or to not comply with a safety standard; or
(b)the appliance is prohibited under section 27; or
(c)a direction under section 29 (2) (Directions about unsafe gas appliances) is in force in relation to the appliance; or
(d)the appliance has been refused approval under a corresponding law; or
(e)the appliance ceases to be approved under a corresponding law.
Approval of type B gas appliances
(1)A person may apply to the construction occupations registrar for approval of a type B gas appliance.
(2)The construction occupations registrar may approve the type B gas appliance if the construction occupations registrar is satisfied—
(a)the appliance complies with the relevant standard; and
(b)the related gasfitting work and gas appliance work will be carried out in accordance with the gas safety legislation.
Register of approved gas appliances
(1)The construction occupations registrar must keep a register of—
(a)approved type A gas appliances approved under a regulation; and
(b)approved type B gas appliances approved under section 21; and
(c)any cancellation of approval under this part; and
(d)any gas appliances that are prohibited under this part; and
(e)any safety warnings issued under section 30 in relation to an approved gas appliance.
(2)The construction occupations registrar must make the register available for public inspection during ordinary office hours at the office of the construction occupations registrar.
Offences—sell or use unapproved gas appliance
(1)A person commits an offence if the person—
(a)sells a gas appliance; and
(b)the gas appliance is not approved.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person commits an offence if the person—
(a)connects a gas appliance to a consumer piping system; and
(b)the gas appliance is not approved.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3)A person commits an offence if the person—
(a)uses a gas appliance for a purpose involving the use of gas; and
(b)the gas appliance is not approved.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4)This section does not apply in circumstances prescribed under a regulation.
Offences—energy efficiency requirements for gas appliances
(1)A trader commits an offence if—
(a)the trader sells a gas appliance; and
(b)the gas appliance does not comply with an energy efficiency standard prescribed by regulation that applies to the appliance.
Maximum penalty: 50 penalty units.
(2)A trader commits an offence if—
(a)the trader sells a gas appliance; and
(b)an energy efficiency label is not attached to the appliance.
Maximum penalty: 10 penalty units.
(3)A person commits an offence if—
(a)the person attaches an energy efficiency label to a gas appliance; and
(b)the gas appliance does not have the energy efficiency rating stated on the label.
Maximum penalty: 30 penalty units.
(4)A person commits an offence if—
(a)the person attaches a label to a gas appliance; and
(b)the label resembles an energy efficiency label; and
(c)the label is not an energy efficiency label.
Maximum penalty: 30 penalty units.
(5)This section does not apply to a second-hand gas appliance.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).
(6)An offence against this section is a strict liability offence.
(7)In this section:
energy efficiency label means an energy efficiency label prescribed by regulation.
NoteThe Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.
Section 24 only operates if a regulation is made for it, and s 24 and the regulation are consistent with the Commonwealth Act and able to operate concurrently with it (see Self-Government Act, s 28 and Commonwealth Act, s 9).
24AOffence—dispose of gas equipment otherwise than in accordance with standards
A person commits an offence if—
(a)the person disposes of an article that is—
(i)a consumer piping system or part of a consumer piping system; or
(ii)a gas appliance or part of a gas appliance; and
(b)the disposal does not comply with a standard prescribed by regulation that applies to the article.
Maximum penalty: 50 penalty units.
Compliance indicators to be attached
Section 25 (1)substitute
(1)A trader commits an offence if—
(a)the trader sells a gas appliance; and
(b)the gas appliance—
(i)does not have a compliance indicator attached to it; or
(ii)has a compliance indicator attached to it that is not in accordance with the regulations.
Maximum penalty: 50 penalty units.
Section 25 (2)
omit
Section 25 (3)
omit
the appliance
substitute
the gas appliance
Section 25 (3)
omit
an appliance
substitute
a gas appliance
Section 25 (4)
substitute
(4)Subsection (1) does not apply to—
(a)a second-hand gas appliance; or
(b)a gas appliance within 6 months after it becomes an approved gas appliance.
Misuse of compliance indicators etc
Section 26omit
an appliance
substitute
a gas appliance
Division 4.3 heading
substitute
Division 4.3 Prohibited and unsafe gas appliances
Section 27 heading
substitute
Prohibited gas appliances
Section 27 (1)
omit
planning and land authority
substitute
construction occupations registrar
Section 27 (1)
before
appliances
insert
gas
Section 27 (2)
substitute
(2)The construction occupations registrar may act under subsection (1) only if satisfied that—
(a)gas appliances of that kind are, or are likely to become, unsafe to use because of their design or construction; and
(b)the use of a gas appliance of that kind involves, or would involve, a risk of death or injury to a person or damage to property.
Section 27 (4)
omit
planning and land authority
substitute
construction occupations registrar
Section 27 (5)
substitute
(5)A gas appliance that is subject to prohibition under this section ceases to be approved for this part on the day the notice takes effect.
Section 28 heading
substitute
Prohibited gas appliances not be sold or used
Section 28 (1) to (3)
omit
an appliance
substitute
a gas appliance
Section 29 heading
substitute
Directions about unsafe gas appliances
Section 29
omit
planning and land authority
substitute
construction occupations registrar
Section 29
omit
an appliance
substitute
a gas appliance
Section 29
omit
the appliance
substitute
the gas appliance
Section 29
omit
the authority
substitute
the registrar
Publication of safety warnings etc
Section 30 (1)omit
planning and land authority
substitute
construction occupations registrar
Section 30 (1)
before
appliances
insert
gas
Section 30 (2)
omit
planning and land authority
substitute
construction occupations registrar
Section 30 (2) (a)
before
appliance
insert
gas
Section 30 (2) (b)
omit
an appliance
substitute
a gas appliance
Reporting by occupiers and gasfitters etc
Section 32 (2)omit
an appliance
substitute
a gas appliance
Sections 33 to 35
omit
planning and land authority
substitute
construction occupations registrar
Section 38 heading
substitute
Construction occupations registrar may require information and documents
Section 38
omit
planning and land authority
substitute
construction occupations registrar
Section 38
omit
the authority
substitute
the registrar
Section 39 heading
substitute
Contravention of requirement of construction occupations registrar
Appointment of inspectors
Section 40omit
planning and land authority
substitute
construction occupations registrar
Section 40
omit
the authority
substitute
the registrar
Identity cards
Section 41omit
planning and land authority
substitute
construction occupations registrar
General powers on entry to premises
Section 47 (2) (a)omit
or appliance
substitute
or gas appliance
Section 47 (2) (a) and (b)
omit
an appliance
substitute
a gas appliance
Section 49 heading
substitute
Power to inspect gasfitting work and gas appliance work
Section 49 (1)
before
appliance
insert
gas
Powers in relation to consumer piping systems
Section 50 (2)before
appliance
insert
gas
New section 50 (4A) to (4C)
insert
(4A)A direction under this section may also require the person to give the inspector written information about the consumer piping system.
Example
a written report about a test required in the direction by the person who did the test
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(4B)Subsection (4C) applies if—
(a)a written direction under subsection (3) or subsection (4) requires a person to do a thing; and
(b)the person—
(i)is not licensed, authorised or qualified to do the thing; or
(ii)if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.
(4C)The person must arrange, and pay for, the thing to be done by someone who—
(a)is licensed, authorised or qualified to do the thing; or
(b)if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.
Example
A written direction under s (3) requires George to undertake further gasfitting work. George is no longer a licensed gasfitter, and he is not able to get a new licence. George must arrange, and pay for, a licensed gasfitter to do the gasfitting work.
Section 51 heading
substitute
Powers in relation to gas appliances
Section 51 (1) (a)
omit
an appliance
substitute
a gas appliance
Section 51 (1) (b)
before
appliance
insert
gas
Section 51 (2)
before 1st mention of
appliance
insert
gas
Section 51 (3)
substitute
(3)If the inspector believes on reasonable grounds that a gas appliance is unsafe because work done on it by a gas appliance worker was not done in accordance with the gas safety legislation, the inspector may give the gas appliance worker a written direction to take stated action to make the appliance safe and compliant with the gas safety legislation.
(3A)A direction under this section may also require the person to give the inspector written information about the gas appliance or work.
Example
a written report about a test required in the direction by the person who did the test
NoteAn example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(3B)Subsection (3C) applies if—
(a)a written direction under subsection (2) or subsection (3) requires a person to do a thing; and
(b)the person—
(i)is not licensed, authorised or qualified to do the thing; or
(ii)if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.
(3C)The person must arrange, and pay for, the thing to be done by someone who—
(a)is licensed, authorised or qualified to do the thing; or
(b)if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.
Defective equipment—disconnection etc
Section 52 (1)omit
an appliance
substitute
a gas appliance
Section 52 (1) (b)
before
appliance
insert
gas
Section 52 (2)
omit
an appliance
substitute
a gas appliance
Power to seize evidence
Section 54 (5)omit
planning and land authority’s
substitute
construction occupations registrar’s
Return of things seized
Section 57 (3)omit
planning and land authority
substitute
construction occupations registrar
Codes of practice
Section 65 (2) (b) (i)before
appliances
insert
gas
Section 65 (2) (b) (ii)
before
appliance
insert
gas
Section 65 (4)
substitute
(4)For the gas safety legislation, a code is relevant to gasfitting work, gas appliance work, a consumer piping system or a gas appliance if the code purports to apply to it.
Approved forms
Section 68omit
Minister
substitute
construction occupations registrar
Regulation-making power
Section 69 (2) (a)before
appliances
insert
gas
Section 69 (2) (b)
omit
an appliance
substitute
a gas appliance
Section 69 (2) (c)
before
appliance
insert
gas
Section 69 (2) (d)
omit
consumer piping systems or appliances
substitute
gas appliances
Section 69 (2) (f)
substitute
(f)the approval of type A gas appliances and type B gas appliances including—
(i)requirements in relation to applications for approval; and
(ii)requirements in relation to compliance with safety standards; and
(iii)conditions for the approval of appliances; and
(iv)the cancellation of approval of appliances; and
New section 69 (2) (h) and (i)
insert
(h)consumer piping systems and gas appliances to promote the efficient use or conservation of power and energy, or to limit harm to the environment; and
(i)standards in relation to construction, installation, configuration, maintenance, repair, service, replacement, inspection, testing, labelling or disposal of consumer piping systems and gas appliances (or parts of consumer piping systems or gas appliances).
New section 69 (2A) and (2B)
insert
(2A)A regulation may apply, adopt or incorporate a law of another jurisdiction or an instrument, or a provision of a law of another jurisdiction or instrument, as in force at a particular time or from time to time.
(2B)The Legislation Act, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or an instrument applied, adopted or incorporated under a regulation.
NoteLaws of another jurisdiction and instruments mentioned in s (2B) do not need to be notified under the Legislation Act because s 47 (5) and (6) do not apply (see Legislation Act, s 47 (7)).
Section 69 (3), penalty
omit
10 penalty units
substitute
60 penalty units
Dictionary, definitions of accredited, appliance and appliance work
omit
Dictionary, definition of approved
substitute
approved, for part 4 (Regulation of gas appliances)—see section 18.
Dictionary, new definitions
insert
AS/NZS 1375 means AS/NZS 1375 (Industrial fuel-fired appliances).
AS/NZS 3814 means AS/NZS 3814 (Industrial and commercial gas‑fired appliances).
AS/NZS 5601 means AS/NZS 5601 (Gas installations).
Dictionary, definition of certificate of compliance
substitute
certificate of compliance—see section 9.
Dictionary, definition of compliance indicator
substitute
compliance indicator means a plate or label for a gas appliance that states the information about the gas appliance and its use.
Dictionary, definition of corresponding law
substitute
corresponding law, for part 4 (Regulation of gas appliances)—see section 18.
Dictionary, new definitions
insert
gas appliance—see section 6A.
gas appliance worker—see section 6D.
Dictionary, definitions of gasfitter and gasfitting work
substitute
gasfitter—see section 6E.
gasfitting work—see section 6F.
Dictionary, definition of gas safety legislation
omit
section 5
substitute
section 6G
Dictionary, definition of prohibited
omit
Dictionary, new definition of relevant standard
insert
relevant standard—see section 6H.
Dictionary, definition of responsible gasfitter
substitute
responsible gasfitter means—
(a)if there is a gasfitter supervising the gasfitting work—the supervising gasfitter; or
(b)in any other case—the gasfitter who does the gasfitting work.
Dictionary, definitions of sell and trader
omit
Regulation of appliances
substitute
Regulation of gas appliances
Dictionary, new definitions
insert
type A gas appliance means a gas appliance that is of a type approved under a corresponding law and that is not a type B gas appliance.
type A gas appliance work—see section 6B.
type B gas appliance—
(a)means a gas appliance that consumes gas at a rate of 10MJ/h or more and—
(i)is not approved under a corresponding law; or
(ii)is approved under a corresponding law but the proposed use of the appliance is outside of the use approved under the corresponding law; and
(b)includes any components and fittings of that appliance downstream of, and including, the appliance manual shut-off valve.
type B gas appliance work—see section 6C.
Part 5Gas Safety Regulation 2001
Offences against regulation—application of Criminal Code etc
Section 4AA, note 1substitute
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):
· s 9 (1) (Testing gas appliance connection)
· s 17D (2) and (4) (Unsafe gas appliance)
· s 17E (1) (Interfering with defect tag)
· s 18GB (Offence—interfere with compliance indicator).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
New section 5
in division 2.1, insert
Application—div 2.1
This division does not apply to a gas appliance designed to be portable.
Testing gasfitting work on consumer piping system—Act, s 8
Section 6omit
responsible
Section 6 (a)
substitute
(a)cap any gas appliance outlet from the system that does not have a gas appliance connected to it; and
Testing gas connection service
Section 7 (1)before
appliance
insert
gas
Section 7 (2)
omit
planning and land authority
substitute
construction occupations registrar
Section 7 (2)
omit
an appliance
substitute
a gas appliance
Section 7 (2)
omit
the authority
substitute
the registrar
Section 7 (3)
omit
the planning and land authority
substitute
the construction occupations registrar
Section 9 heading
substitute
Testing gas appliance connection
Section 9 (1) and (2)
substitute
(1)This section applies to a gasfitter who connects a gas appliance to a gas outlet in a consumer piping system that is connected to a gas distribution network.
(1A)The gasfitter must—
(a)ensure that the installation of the gas appliance complies with the relevant standard and any relevant code; and
(b)inspect and test the gas appliance to ensure that—
(i)the appliance operates in accordance with the manufacturer’s instructions and specifications; and
(ii)the installation complies with any condition of an exemption under subsection (2) or section 7 (2).
Maximum penalty: 10 penalty units.
(2)The construction occupations registrar may exempt a person from subsection (1A) (a) if the registrar believes on reasonable grounds that—
(a)compliance with the relevant standard and any relevant code does not justify the cost of compliance; and
(b)the degree of safety reached in other ways is acceptable.
Section 9 (3)
omit
planning and land authority
substitute
construction occupations registrar
Section 10 heading
substitute
Testing gas appliance disconnection etc
Section 10 (1) (a)
omit
an appliance
substitute
a gas appliance
Section 10 (1) (c)
omit
another appliance
substitute
another gas appliance
Section 10 (3)
omit
person
substitute
responsible gasfitter
Compliance indicators
Section 11omit
Certificates of compliance
Section 12 (2)substitute
(2)A gasfitter who gives a certificate of compliance in relation to gasfitting work must give a copy of the certificate to—
(a)the construction occupations registrar; and
(b)the owner of the gas distribution network.
Maximum penalty: 10 penalty units.
Section 12 (4)
omit
planning and land authority
substitute
construction occupations registrar
Interfering with compliance indicators
Section 13omit
Unsafe consumer piping system—Act, s 12
Section 15omit
section 12 (2), the responsible gasfitter
substitute
section 12 (c), the gasfitter
Section 17 heading
substitute
Construction occupations registrar may direct testing of consumer piping system
Section 17 (1) and (2)
omit
planning and land authority
substitute
construction occupations registrar
Division 2.2 heading
substitute
Division 2.2 Gas appliance work
Accreditation to do appliance work
Section 17Aomit
Sections 17B and 17C
substitute
17BGas appliance worker to produce licence
A gas appliance worker must produce his or her licence to undertake gas appliance work if asked to do so by—
(a)an inspector; or
(b)the owner or occupier of premises where the gas appliance worker is carrying out gas appliance work.
17CGas appliance work—testing
(1)This section applies when a gas appliance worker completes work on a gas appliance.
(2)The gas appliance worker must—
(a)for a type A gas appliance—inspect and test the appliance in accordance with the relevant standard; and
NoteRelevant standard—see the Act, s 6H.
(b)for a type B gas appliance—inspect and test the appliance in accordance with AS/NZS 3814, as in force from time to time.
NoteAS/NZS 3814—see the Act, s 6H.
(3)A gas appliance worker must keep, for at least 5 years, a record of gas appliance work done by the worker including a record of—
(a)the gas appliance that work was carried out on; and
(b)the premises where the appliance is located; and
(c)when the work was completed.
(4)A gas appliance worker who keeps a record under subsection (3) must not, without reasonable excuse, fail to produce the record if asked to do so by an inspector.
(5)The Legislation Act, section 47 (6) does not apply to AS/NZS 3814.
NoteAS/NZS 3814 does not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standard may be purchased at type="1">
Section 17D heading
substitute
17DUnsafe gas appliance
Section 17D (1)
omit
an accredited appliance worker
substitute
a gas appliance worker
Section 17D (1) (a)
omit
an appliance
substitute
a gas appliance
Section 17D (2)
omit
appliance worker
insert
gas appliance worker
Section 17D (2) (a)
omit
the appliance
substitute
the gas appliance
Section 17D (2) (c) (iv)
omit
accreditation number
substitute
gas appliance worker licence number
Section 17D (3) and (4)
substitute
(3)A gas appliance worker complies with the requirements of subsection (2) (a) if the gas appliance worker engages a qualified person to undertake necessary work for which the gas appliance worker is not qualified under the gas safety legislation or the Electricity Safety Act 1971.
(4)A gas appliance worker commits an offence if the worker fails to give the owner or occupier of the premises written notice of the unsafe gas appliance.
Maximum penalty: 10 penalty units.
(4A)A notice under subsection (4) must—
(a)identify the unsafe gas appliance and its location; and
(b)state the date when the notice is given; and
(c)set out the reason for the isolation of the appliance and the action necessary to make it safe; and
(d)state the name, gas appliance worker licence number and telephone number of the gas appliance worker.
Section 17D (5)
omit
appliance worker
substitute
gas appliance worker
Section 17D (6) and (7)
substitute
(6)A gas appliance worker who gives a notice under subsection (4) must keep, for at least 5 years, a record of the notice including a record of—
(a)the unsafe gas appliance; and
(b)the premises where the appliance is located; and
(c)when the notice was given.
(7)A gas appliance worker who keeps a record under subsection (6) must produce the record if asked to do so by an inspector.
Interfering with defect tag
Section 17Ebefore
appliance
insert
gas
Part 3 heading
substitute
Part 3Use of consumer piping systems and gas appliances
Consumer piping system not to be used unless certified safe
Section 18 (2) (a)substitute
(a)a compliance plate is attached; or
Section 18 (3)
omit
responsible
New section 18 (4)
insert
(4)In this section:
compliance plate means a thing fixed in a conspicuous place to a permanent structure near a meter through which gas is conveyed to the consumer piping system in accordance with the regulation, section 11 as in force immediately before the commencement of the Gas Safety Legislation Amendment Act 2014.
Part 3A heading
substitute
Part 3ARegulation of gas appliances
Sections 18B and 18C
omit
Sections 18D to 18H
substitute
18DApplication for approval of type B gas appliance—Act, s 21
(1)An application for approval of a type B gas appliance must—
(a)be in writing; and
(b)state how the appliance will comply with AS/NZS 1375 and AS/NZS 3814, as in force from time to time; and
NoteAS/NZS 1375 and AS/NZS 3814—see the Act, s 6H.
(c)include any plans, specifications, operating requirements and other information stated in AS/NZS 3814, Appendix A, as in force from time to time; and
(d)state the person who is responsible for any gasfitting and gas appliance work related to the gas appliance; and
(e)be given to the construction occupations registrar before the gas appliance is commissioned and operated.
NoteA fee may be determined under the Act, s 67 for this provision.
(2)The Legislation Act, section 47 (6) does not apply to AS/NZS 1375 or AS/NZS 3814.
NoteAS/NZS 1375 and AS/NZS 3814 do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The standards may be purchased at of construction occupations registrar
(1)The construction occupations registrar must, within 20 working days after receiving an application under section 18D—
(a)approve the commissioning of the appliance (with or without conditions); or
Examples—conditions
1that a compliance indicator is attached to the gas appliance
2that the gas appliance be inspected by a gas inspector before it is commissioned
3that a specific test be carried out on the gas appliance before it is commissioned
NoteAn example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
(b)refuse to approve the application; or
(c)extend the time for giving approval for commissioning of the appliance.
(2)The construction occupations registrar may request the applicant to provide further information if the registrar considers it necessary to decide the application.
(3)The construction occupations registrar must, as soon as practicable—
(a)tell the applicant in writing of the decision under subsection (1); and
(b)if the application is refused or the time for giving approval extended—give reasons for the decision.
18FPrescribed circumstances for unapproved gas appliances—Act, s 23 (4)
The Act, section 23 does not apply in the following circumstances:
(a)the connection of a gas appliance to a consumer piping system or its use, in accordance with approval for commissioning, under section 18E;
(b)the connection of a gas appliance to a consumer piping system, or its use, with the construction occupations registrar’s approval, for product testing, product development or experimental purposes;
(c)the sale, for scrap material, of a gas appliance that has been disabled for the use of gas.
18GCompliance indicator—type A gas appliance—Act, s 25
A compliance indicator for a type A gas appliance must include the following information:
(a)the manufacturer;
(b)the model name or number;
(c)the serial number;
(d)the type of gas the appliance must use;
(e)the maximum gas pressure level at which the appliance safely operates calculated in accordance with the relevant standard;
(f)the maximum gas consumption of the appliance as defined in the relevant standard expressed in MJ/h;
(g)the gas injector size needed for the safe and effective operation of the appliance expressed in mm.
NoteRelevant standard—see the Act, s 6H.
18GACompliance indicator—type B gas appliance—Act, s 25
A compliance indicator for a type B gas appliance must be of durable material and be legibly and permanently marked with the following information:
(a)a description of the appliance;
(b)the name and licence number of the gas appliance worker or gasfitter who connects the appliance to the consumer piping system;
(c)the name of the commissioning agent;
(d)the name and licence number of the gas appliance worker who carried out the commissioning;
(e)the date of approval;
(f)the approval number;
(g)the following information expressed in kPa:
(i)the designed inlet pressure;
(ii)the maximum inlet pressure;
(iii)the outlet pressure;
(iv)the over pressure protection limit;
(v)the over pressure set point;
(vi)the high gas pressure switch (HGPS) setting.
Note 1If a compliance indicator is approved under s 19A (Approved compliance indicator) for this section, the approved indicator must be used.
Note 2There is a penalty for attaching a compliance indicator to an appliance that is not approved (see Act, s 26 (2)).
Note 3There is a penalty for attaching to an appliance anything that falsely purports to be a compliance indicator (see Act, s 26 (3)).
18GBOffence—interfere with compliance indicator
A person commits an offence if the person removes, alters, damages or defaces a compliance indicator attached to a gas appliance.
Maximum penalty: 10 penalty units.
18HPrescribed circumstances for prohibited gas appliances—Act, s 28 (4)
The Act, section 28 does not apply in the following circumstances:
(a)the connection of a gas appliance to a consumer piping system, or its use, with the construction occupations registrar’s approval, for product testing, product development or experimental purposes;
(b)the sale, for scrap material, of a gas appliance that has been disabled for the use of gas.
Sections 19 and 19A
omit
planning and land authority
substitute
construction occupations registrar
Section 20A
substitute
20AReviewable decisions—Act, s 64A, def reviewable decision
A decision mentioned in schedule 1, part 1.1 under a provision mentioned in column 2 in relation to the decision is prescribed.
Reviewable decisions—Act and regulation
Schedule 1, part 1.1 headingomit
Schedule 1, part 1.1, items 1 and 2
omit
Schedule 1, part 1.1, item 3, column 3
before
appliances
insert
gas
Schedule 1, part 1.1, item 6, column 4
omit
accredited person
substitute
gas appliance worker
Schedule 1, part 1.1, items 11 to 13, column 3
before
appliance
insert
gas
Reviewable decisions—code approved under s 17A
Schedule 1, part 1.2omit
Dictionary, note 3
insert
· compliance indicator
· gas appliance (s 6A)
Dictionary
omit the definitions of
appliance
AS/NZS 5601
Australian Gas Association
certificate of accreditation
Dictionary, definitions of type A appliance and type B appliance
omit
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 5 June 2014.
Notification
Notified under the Legislation Act on 30 September 2014.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the Gas Safety Legislation Amendment Bill 2014, which was passed by the Legislative Assembly on 16 September 2014.
Acting Clerk of the Legislative Assembly
© Australian Capital Territory 2014
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