Gas Standards (Infringement Notices) Amendment Regulations 2010 (WA)

4 May 2010 GOVERNMENT GAZETTE, WA 1681

EN301*

Gas Standards Act 1972

Criminal Procedure Act 2004

Gas Standards (Infringement Notices)

Amendment Regulations 2010

Made by the Governor in Executive Council under the Gas Standards
Act 1972 section 15 and the Criminal Procedure Act 2004 section 5.

1.            Citation

These regulations are the Gas Standards (Infringement Notices)
Amendment Regulations 2010.

2.            Commencement

These regulations come into operation as follows —

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.           Regulations amended

These regulations amend the Gas Standards (Infringement
Notices) Regulations 2007.

heating value of the gas $2 oo() s to 000

4.            Schedule 1 replaced

Delete Schedule 1 and insert:

Schedule 1 — Prescribed offences and

modified penalties

[r. 2]

Offences under the Gas Standards Act 1972	Modified penalty
Individual Both

Co 11)0

s. 8(1) Distributing gas without Ministerial
approval of minimum standard of

1682 GOVERNMENT GAZETTE, WA 4 May 2010

Offences under the Gas Standards Act 1972	Modified penalty
lII(li\i(ILhuI Bo(lV

corporate

s.8(6)	Supplying gas of which the average
heating value is less by more than 1%
than the approved minimum standard of
heating value of the gas $10000

.......................... $2000

s. 13(1)	Commencing to supply gas to consumer
gas installation that has not been
inspected or does not comply with
prescribed requirements .......................... $2 000 $10000
s. 13(2)	Commencing to supply gas to consumer
gas installation that has not been
inspected in accordance with Inspection
Policy Statement and Plan or does not
comply with prescribed requirements $2000 $10000
s. 13(4)	Failing to send Director copy of order or notice issued by inspector within required time $5 000

........................................... $1 000

s. 13(5)	Failing to give Director report on
accident at consumer gas installation
within required time ................................ $1 000 $5 000
s. 13A(2)	Engaging in an operation, or carrying out work or process, of a kind prescribed to be of the nature of gas fitting work otherwise than in a prescribed capacity and without a certificate of competency, permit or
authorisation ........................................... $1 000 $5000
s. 13D(l)	Selling, hiring, advertising for sale or installing a Type A gas appliance that -

(a) is not approved; or

(b)	is not marked, stamped or labelled
in approved manner ....................... $1 000 $5 000

s. 13D(2)

Using a Type B gas appliance that -

(a)	is not approved; or
(b)	is not marked, stamped or labelled

in approved manner ....................... $1 000 $5000

s. 13E(7) Selling or hiring, or advertising for sale
or hire, gas appliance that does not
conform to conditions and restrictions
to which Director's approval of

4 May 2010 GOVERNMENT GAZETTE, WA 1683

Offences under the Gas Standards Act 1972	Modified penalty
Individual Both

corporate

s. 13H(4)	Failing to comply with order
prohibiting, or imposing conditions and
restrictions on, sale, hire or use of gas
appliance or component .......................... $1 000 $5000
s. 1 3K(6)(a)	Failing to comply with requirement of
section 13K ............................................. $2 000 $10000
s. I 3K(6)(b)	Failing to comply with requirement of an approved Inspection Policy
Statement and Plan ................................. $2 000 $10000
Offences under the Gas Standards Act 1972 section 14	Modified penalty
involving a contravention of or failure to comply with
the following provisions of the Gas Standards	Individual Body
(Gasfitting and Consumer Gas Installations)	corporate
Reffulations 1999
r. 18(2)	Failing to ensure gas installation complies
[Only in	with prescribed requirements ...................... $600 $3000
circumstances where the offence involves a contravention of or failure to comply with r. 1 8(2)(a)(i)]
r. 19	Failing to ensure that supervised gas fitter complies with regulations and that gas fitting work is within scope of supervising
gas fitter's authorisation ............................. $600 $3000
r. 20(1)	Installing appliance, apparatus or part
[Only in	contrary to instructions or
circumstances	recommendations of manufacturer or

where the	designer	......................................................	$600	$3000
offence involves a contravention of or failure to comply with
r. 20(1)(b)]

r. 20(3) Failing to endorse note as to safe
operation on notice of completion for used
appliance $2000

..................................................... $400

r. 20(4a)	Modifying appliance without approval	$600	$3000
r. 22	Leaving Type B appliance permanently
connected without certificate of
compliance ..................................................	$600	$3000
r. 23	Failing to record service information in
required manner ..........................................	$400	$2000
r. 26(1)(a)	Failing to ensure gas installation meets requirements as to pressure testing and is

gas-tight ...................................................... $600 $3000

1684 GOVERNMENT GAZETTE, WA 4 May 2010

Offences under the Gas Standards Act 1972 section 14	Modified penalty
involving a contravention of or failure to comply with
the following provisions of the Gas Standards	Individual Body
(Gasfitting and Consumer Gas Installations)	corporate
Regulations 1999
r. 2 8(2)	Failing to attach approved badge or label to gas installation upon completion of
gasfitting work ............................................ $400 $3000
r. 28(3)	Failing to give notice of completion of
gasfitting work within required time $400 $2000
r. 30	Failing to rectify defects and give notice
of rectification within required time $600 $3000
r. 34(1)	Failing to keep records of employed gas
fitters in required manner ............................ $250 $1250
r. 34(3)	Failing to keep records for required time .... $250 $1250
r. 34(4)	Failing to make records available for
inspection .................................................... $250 $1250
r. 35(1)	Supplying gas to Type A appliance
without notice of completion ...................... $400 $2000
r. 36(1)	Using Type B appliance without
certificate of compliance ............................. $1 000 $5 000
r. 39	Marking, stamping or labelling appliance
to falsely state or imply that it is approved $600 $3000
r. 42	Failing to report incident causing, or likely
to cause, injury or damage .......................... $600 $3000
r. 42A	Failing to report defect rendering gas
installation unsafe ....................................... $600 $3000
Offences under the Gas Standards Act 1972 section 14	Modified penalty
involving a contravention of or failure to comply with
the following provisions of the Gas Standards (Gas	Individual Body

Supply and System Safety) Regulations 2000 corporate

r. 4(2)	Failing to ensure gas supplied to consumer
installation is within pressure limits $2000 $10000
r. 5(2)	Failing to ensure natural gas supplied to
consumer satisfies quality standards ........... $2 000 $10000
r. 7(1)	Failing to ensure LPG supplied to
consumer satisfies quality standards ........... $2 000 $10000
r. 7(4)	Failing to keep records of sampling for
required time $1 000 $5000

...............................................

r. I 7B( 1) Operating a distribution system in which gas of different qualities is commingled

-

4 May 2010 1685

GOVERNMENT GAZETTE, WA

Offences under the Gas Standards Act 1972 section 14	Modified penalty
involving a contravention of or failure to comply with
the following provisions of the Gas Standards (Gas	Individual Body
Supply and System Safety) Regulations 2000	corporate
r. 1713(3)	Injecting gas into a distribution system in
which gas of different qualities is
commingled without an approved plan $1000 $5 000
r. 1 7B(4)	Officer of a pipeline operator that is a corporation failing to ensure gas is not injected into a distribution system in
which gas of different qualities is
commingled without an approved plan $1 000
r. 17D(3)	Existing operator failing to submit
management plan within required time $1 000 $5000
r. 17D(4)	New operator failing to submit
management plan within required time $1 000 $5000
r. 17E(3)	Failing to comply with request to submit amended management plan within required time ...............................................S600 $3000
r. 17F(5)	Failing to submit within the required time an amendment or replacement, of an approved plan, amended in accordance with a request of the Director under regulation 17F(3)(b) ...................................$600 $3000
r. 17G(3)	Failing to comply with direction to amend approved plan within time specified in direction ......................................................$600 $3000
r. 17H(l)	Failing to ensure approved plan relating to operation of distribution system is implemented and its requirements
complied with ............................................. $2 000 $10000
r. 1711(2)	Failing to ensure approved plan relating to injection of gas into distribution system is implemented and its requirements
complied with ............................................. $2 000 $10000
r. 171(7)	Failing to give Director plan of distribution system or sub-network showing required matters within required

time............................................................. $600 $3000

r. 17J(4)	Failing to publish in required manner and within required time the determined heating value of gas transported through distribution system or sub-network in a
gas day ........................................................ $600 $3000
r. 17J(6)	Failing to give Director required
information in relation to determined
heating value of gas within required time
and in accordance with approved plan $1 000 $5000
r. 22(2)	Failing to give required notice or
quarterly outline before commencing
major activity .............................................. $1 000 $5000
r. 22(3)	Failing to give required notice before

1686 GOVERNMENT GAZETTE, WA 4 May 2010

Offences under the Gas Standards Act 1972 section 14	Modified penalty
involving a contravention of or failure to comply with
the following provisions of the Gas Standards (Gas	Individual Body
Supply and System Safety) Regulations 2000	corporate

r. 37	Failing to ensure prescribed activity is carried out in accordance with accepted safety case	$2000	$10000
r. 38(1)	Failing to lodge report in respect of accepted safety case	$1 000	$5 000
r. 41(1)	Failing to establish and maintain record keeping system in relation to accepted safety case	$1 000	$5 000
r. 41(3)	Failing to keep records in required manner	$1 000	$5 000
r. 41(4)	Failing to keep records for required time	$1 000	$5 000
Failing to notify Director of notifiable

By Command of the Governor,