Untitled document
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
TABLE OF PROVISIONS
Section Page PART 1—PRELIMINARY 1
1. Purposes 1 2. Commencement 1
PART 2—AMENDMENT OF GAS INDUSTRY ACT 1994 3
3. Definition 3 4. Non-franchise customer 3 5. Functions and powers of VENCorp 3 6. Tariff Order 4 7. New section 48AA inserted 4 48AA. Regulation of tariffs for prescribed customers 4 8. Licence exemptions 6 9. Conditions on licences 6 10. New sections 48GB and 48GC inserted 8 48GB. Conditions relating to retail gas market 8 48GC. Condition restricting sale to certain customers 8 11. Section 48M repealed 9 12. New Division 2A inserted in Part 4A 9 Division 2A—Terms and Conditions of Sale and Supply of Gas 9 48MA. Offer to domestic or small business customers 9 48MB. Terms and conditions of contracts for sale of gas to
certain customers 11 48MC. Deemed contracts with former franchise customers 13 48MD. Variation of contracts with former franchise customers 14 48ME. Deemed contracts for supply and sale for certain domestic or small business customers 14 48MF. Deemed contracts for supply and sale for certain relevant
customers 15
13. New Division 3A inserted in Part 4A 16
i
Section Page
Division 3A—Community Services Agreements 16 48TAA. Community services 16 48TAB. Transitional provision relating to community services 17 48TAC. ORG may determine certain matters 18
14. New section 48TC inserted 19 48TC. Costs of VENCorp 19 15. Section 56 repealed 20
PART 3—AMENDMENT OF GAS SAFETY ACT 1997 21
16. Definitions 21 17. Objectives of the Office 21 18. Functions 21 19. Corporate plan 22 20. Statement of corporate intent: contents 23 21. Office to act in accordance with corporate plan 23 22. New section 69A inserted 23
69A. Declaration of non-acceptance of appliance 23 23. Offence to install or commission certain types of Type A
appliances 24 24.
Offence to supply or sell unaccepted appliances 24 25.
New sections 71A to 71C inserted 25
71A. Offence to sell unsafe appliances 25 71B. False labelling in relation to Type A appliances 26 71C. Unsafe modifications to Type A appliances 27 26.
New section 76 substituted 27
76. Prohibition of supply or sale of gas installations,
appliances and components 28
27. Offence to disobey prohibition 29 28. New section 78 substituted 29
78. Recall of gas installations, appliances or components 30
29. Section 79A repealed and New Division 6 of Part 3 inserted 32 Division 6—Further offences relating to gas safety 32
79A. Supply or sale of certain types of liquefied petroleum
gas 32 79B.
Interference with gas company pipelines 33 79C.
Interference with transmission pipelines 33 79D. Interference with gas pipeline installation or meter
assembly 34
30. New Part 3A inserted 34 PART 3A—ENERGY EFFICIENCY 34
ii
Section Page
79E. Proclaimed gas equipment 35 79F. Proclaimed gas equipment not to be supplied unless registered and labelled 35
31. Right of appeal 35 32. Inspectors 35 33. Powers of entry 36 34. New section 117AA inserted 37 117AA. Period within which proceedings for offences may be
brought 38
35. New Part 6A inserted 38 PART 6A—INFRINGEMENT NOTICES 38 117AB. Definition 38 117AC. Power to serve a notice 38 117AD. Form of notice 38 117AE. Infringement penalties 39 117AF. Late payment of penalty 40 117AG. Withdrawal of notice 40 117AH. Payment expiates offence 41 117AI. Payment not to have certain consequences 41 117AJ. Prosecution after service of infringement notice 41 117AK. Enforcement of infringement penalty 42 36. Regulations relating to energy efficiency for proclaimed gas equipment 42 37. Repeal of spent provisions 44
PART 4—AMENDMENT OF OTHER ACTS 45
38. Amendment of Building Act 1993 45 39. Amendment of Dangerous Goods Act 1985 45 40. Amendment of Office of the Regulator-General Act 1994 45
═══════════════
ENDNOTES 46
iii
Victoria
No. 91 of 2000
Gas Industry Acts (Amendment) Act
2000†
[Assented to 5 December 2000]
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1. Purposes
The main purposes of this Act are—
(a)
to amend the Gas Industry Act 1994 to further regulate the gas industry; and
(b)
to amend the Gas Safety Act 1997 to improve the operation of that Act.
2. Commencement
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
(1) This Part comes into operation on the day on which this Act receives the Royal Assent.
(2) Section 4 is deemed to have come into operation on 1 September 2000.
(3) The remaining provisions of this Act come into operation on a day or days to be proclaimed.
(4) If a provision referred to in sub-section (3) does
not come into operation before 31 December
2001, it comes into operation on that day.
_______________
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 3
PART 2—AMENDMENT OF GAS INDUSTRY ACT 1994
See:
3. Definition 112/1994
Reprint No. 3
In section 3 of the Gas Industry Act 1994 as at insert— 11 May 1999
and' "franchise customer" means a customer other than a non-franchise customer;'.
amending
Act Nos 31/1995, 91/1997,
31/1998, 40/1998,
91/1998, 96/1998,
36/1999
39/1999 and58/1999.
LawToday:dpc.vic. gov.au
4. Non-franchise customer
(1) In section 6B(1)(d) of the Gas Industry Act 1994 for "5000 GJ" (where twice occurring) substitute "10 000 GJ (or such lesser amount as is specified by Order under sub-section (4A))".
(2) In section 6B of the Gas Industry Act 1994 after sub-section (4) insert—
"(4A) The Governor in Council may, by Order
published in the Government Gazette,
specify an amount of gas that is less than 10
000 GJ and equal to or more than 5000 GJ
for the purposes of sub-section (1)(d)(i) and
(ii).".
5. Functions and powers of VENCorp
In section 16C(1) of the Gas Industry Act 1994
after paragraph (i) insert—"(ia) to facilitate the implementation and
operation of, and to provide services in
Gas Industry Acts (Amendment) Act 2000
| s. 6 | Act No. 91/2000 |
connection with, arrangements for
competition in the retail gas market inVictoria;".
6. Tariff Order
(1) In section 48A(1) of the Gas Industry Act 1994 paragraph (a) is repealed.
(2) After section 48A(9) of the Gas Industry Act 1994 insert—
"(10) Despite sub-section (8), an Order made
under sub-section (1) may be amended from time to time by Order made under that sub- section so as to extend the application of the Order to additional gas retailers and
additional gas distribution companies.".
7. New section 48AA inserted
After section 48A of the Gas Industry Act 1994 insert—
'48AA. Regulation of tariffs for prescribed
customers
(1) The Governor in Council may, by Order
published in the Government Gazette,
regulate, in such manner and in relation to
such period as the Governor in Council
thinks fit, tariffs for the sale of gas to
prescribed customers or a class of prescribed
customers.
(2) Without limiting the generality of sub-
section (1), the manner may include—
(a)
fixing the tariff or the rate of increase or decrease in the tariff;
(b)
fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff;
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 7
(c) fixing an average tariff or an average rate of increase or decrease in the average tariff; (d) specifying policies and principles for fixing tariffs; (e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified factor; (f) specifying a tariff determined by reference to any one or more of the following— (i) a prescribed customer or class of prescribed customers;
(ii) a person or a class of persons authorised to sell gas;
(iii) the purpose for which the gas is used;
(iv) the quantity of gas used;
(v) the period of use;
(vi) the place of supply;(vii) any other specified factor relevant to the sale of gas.
(3) An Order under sub-section (1) may direct
ORG to make a determination under the Office of the Regulator-General Act 1994 in respect of such factors and matters or in accordance with such procedures, matters or bases as are specified in the Order, or both.
Gas Industry Acts (Amendment) Act 2000
| s. 8 | Act No. 91/2000 |
(4) An Order under sub-section (1) has effect as from the date specified in the Order as if the tariffs to which the Order applies were prices determined by ORG.
(5) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or class of persons
specified in the Order is, for the purposes of
this section, a prescribed customer or class of
prescribed customers.
(6) In this section—
"prescribed customer" means a person, or
a member of a class of persons, to
whom an Order under sub-section (5)
applies.
(7) This section, and any Order made under this section and in force immediately before that date, expire on 31 August 2004.'.
8. Licence exemptions
After section 48C(3) of the Gas Industry Act
1994 insert—"(4) An Order under sub-section (1) may confer
powers and functions on, and leave any
matter to be determined by, ORG.".
9. Conditions on licences
(1) In section 48F(4) of the Gas Industry Act 1994
for paragraph (c) substitute—
"(c) requiring the licensee to observe specified
Orders in Council and specified industry codes, standards, rules and guidelines with such modifications and exemptions as may be determined by ORG;
(ca) requiring a gas retailer to inform customers from time to time of the arrangements in
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 9 place or proposed to be in place to allow
them to elect to become a customer of
another gas retailer;(cb) requiring a gas retailer to give notice to
customers of the existence of deemed
contracts under sections 48ME and 48MF
and the methods by which those contracts
may be terminated and requiring the gas
retailer to provide for cooling-off periods
approved by ORG for the termination of
those contracts;".
(2) In section 48F(4) of the Gas Industry Act 1994 paragraph (k) is repealed.
(3) After section 48F(4)(m) of the Gas Industry Act 1994 insert—
"(ma) subject to section 48TAA, requiring a gas retailer to enter into an agreement with the State for the provision of community
services;".
(4) In section 48F of the Gas Industry Act 1994 for
sub-sections (6) and (7) substitute—
"(6) If a licence is subject to a condition of a kind
referred to in sub-section (4)(c), ORG—
(a) may, in accordance with procedures specified by ORG, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence; (b) disputes between the licensee and any
other person relating to the specifiedmay resolve, or seek to resolve, guidelines, or a document referred to in
Gas Industry Acts (Amendment) Act 2000
| s. 10 | Act No. 91/2000 |
| any of them, as they apply under the licence. |
(7) If ORG amends an industry code, standard, rule or guideline or a document under sub- section (6), ORG may at the same time, in accordance with procedures specified by
ORG, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the licence.".
10. New sections 48GB and 48GC inserted
After section 48GA of the Gas Industry Act
1994 insert—
"48GB. Conditions relating to retail gas market
A licence is deemed to include the following conditions—
(a) guidelines issued by, or other
requirements of, ORG in connectionrequiring the licensee to observe competition in the retail gas market;
(b) scheme or schemes required and
approved by ORG or approved by ORG
for the development andrequiring the licensee to participate in a operation of the retail gas market.
48GC. Condition restricting sale to certain
customers
(1) A licence to sell gas by retail is deemed to include a condition prohibiting the licensee from selling gas by retail to persons or
classes of persons specified by Order under
this section for the period or periods
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 11 specified in the Order in respect of those
persons.
(2) The Governor in Council may by Order
published in the Government Gazette specify persons or classes of persons and periods for the purposes of this section.
(3) An Order under sub-section (2) may specify a class of persons by reference to all or any of the following—
(a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;(e) the place of supply;
(f)
any other specified factor relevant to the sale of gas.
(4) This section expires on 31 August 2004.".
11. Section 48M repealed
Section 48M of the Gas Industry Act 1994 is repealed.
12. New Division 2A inserted in Part 4A
After Division 2 of Part 4A of the Gas Industry
Act 1994 insert—
'Division 2A—Terms and Conditions of Sale
and Supply of Gas
48MA. Offer to domestic or small business
customers
(1) Without limiting the generality of section
48F, the conditions to which a licence to sell
gas by retail, (being a licence under which
gas may be sold to domestic or small
Gas Industry Acts (Amendment) Act 2000
| s. 12 | Act No. 91/2000 |
business customers), is subject, include a
condition requiring the licensee to offer to
supply and sell gas to domestic or small
business customers, subject to this section
and to any Order in force under section48AA and to the conditions of its licence—
(a) at tariffs determined by the licensee and published by the licensee in the Government Gazette at least 2 months before they take effect; and (b) on terms and conditions determined by the licensee and approved by ORG and published by the licensee in the Government Gazette at least 2 months before they take effect.
(2) The terms and conditions determined by the licensee for the purposes of sub-section (1) must not be inconsistent with the terms and conditions determined by ORG under section
48MB(1).
(3) The tariffs determined by a licensee and
sub-section (1) may be varied by notice
published by the licensee in the Governmentpublished in the Government Gazette under variation is to take effect. (4) The terms and conditions determined by a licensee and published in the Government Gazette under sub-section (1) may, with the
approval of ORG, be varied by notice variation is to take effect.
published by the licensee in the Government
(5) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or class of persons
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 12 specified in the Order is, for the purposes of
this section, a domestic or small business
customer or class of domestic or small
business customers.(6) An Order under sub-section (5) may specify a class of persons by reference to all or any of the following—
(a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;(e) the place of supply;
(f) any other specified factor relevant to the sale of gas. (7) An Order under sub-section (5) may confer
powers and functions on, and leave any
matter to be determined by, ORG.
(8) In this section—
"domestic or small business customer"
means a person, or a member of a class
of persons, to whom an Order under
sub-section (5) applies.
(9) This section expires on 31 August 2004.
48MB. Terms and conditions of contracts for sale of gas to certain customers
(1) A term or condition in a contract for the
supply or sale of gas by a licensee to a
relevant customer (whether entered into
before, on or after 1 September 2001) is void
to the extent that it is inconsistent with—
(a)
terms and conditions determined by ORG that—
Gas Industry Acts (Amendment) Act 2000
| s. 12 | Act No. 91/2000 |
(i) specify the circumstances in
which the supply of gas to
premises may be disconnected;
and(ii) require the licensee to provide information specified by ORG about the rights and entitlements
of customers; and
(iii) specify the circumstances in
which the licensee requires access
to premises of customers for the
purpose of reading meters or
otherwise; and(iv) make provision for confidentiality
of customer information; and
(b) any other terms and conditions determined by ORG and provided for in the licence of the licensee. (2) If a term or condition of a contract is void pursuant to sub-section (1) because of an inconsistency with a term or condition
referred to in sub-section (1)(a) or (b), that term or condition referred to in sub-section (1)(a) or (b) is deemed to form part of that contract in place of the void term or
condition.(3) The Governor in Council may, by Order
published in the Government Gazette,
declare that a person or class of persons
specified in the Order is, for the purposes of
this section, a relevant customer or class of
relevant customers.
(4) An Order under sub-section (3) may specify a class of persons by reference to all or any of the following—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 12 (a) the person authorised to sell the gas;
(b) the purpose for which the gas is used;
(c) the quantity of gas used;
(d) the period of use;(e) the place of supply;
(f) any other specified factor relevant to the sale of gas. (5) An Order under sub-section (3) may confer
powers and functions on, and leave any
matter to be determined by, ORG.
(6) In this section—
"relevant customer" means a person, or a
member of a class of persons, to whom an Order under sub-section (3) applies.
(7) This section expires on 31 August 2004.
48MC. Deemed contracts with former franchise
customers
(1) If a person—
(a)
was a franchise customer immediately before 1 September 2001; and
(b)
has not entered into a new contract with a licensee which takes effect on or after that date—
there is deemed to be a contract between that
person and the licensee of which the person
was a customer immediately before that date
for the sale of gas at the tariff determined by
the licensee in accordance with any Order in
force under section 48AA or, if there is no
such Order, at tariffs determined by the
licensee and published by the licensee in the
Government Gazette at least 2 months before
Gas Industry Acts (Amendment) Act 2000
| s. 12 | Act No. 91/2000 |
they take effect and otherwise on the terms
and conditions applying to that licensee
under section 48MA.
(2) The deemed contract continues until—
(a) the contract is terminated; or
(b)
if the customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, the date of taking effect of that new contract—
whichever first occurs.
(3) This section expires on 31 August 2004.
48MD. Variation of contracts with former
franchise customers
A licensee may, subject to any Order in force under section 48AA, vary any tariffs determined by the licensee under section 48MC and the terms and conditions of its contracts under section 48MC by notice published—
(a) in the Government Gazette; and
(b)
in a newspaper circulating generally in Victoria—
not less than 2 months before the variations
take effect but not so that the terms and
conditions, as varied, are inconsistent with
the terms and conditions determined by ORG
under section 48MB(1).48ME. Deemed contracts for supply and sale for
certain domestic or small business
customers
(1) If—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 12
(a)
a person commences to take a supply of gas at premises from a licensee without notice being first given to the licensee
last responsible for the supply and sale
of gas to those premises; and(b)
that person is a domestic or small business customer within the meaning of section 48MA—
there is deemed on the commencement of
that supply to be a contract between the
licensee and that person for the supply and
sale of gas at the tariffs and on the terms and
conditions offered by the licensee in
accordance with section 48MA for the
supply and sale of gas by the licensee to
domestic or small business customers atthose premises.
(2) The deemed contract continues until—
(a) the contract is terminated; or
(b)
if the domestic or small business customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, the date of taking effect of that new contract—
whichever first occurs.
48MF. Deemed contracts for supply and sale for certain relevant customers
(1) If—
(a)
a person commences to take a supply of gas at premises from a licensee without notice being first given to the licensee
last responsible for the supply and sale
of gas to those premises; and
Gas Industry Acts (Amendment) Act 2000
| s. 13 | Act No. 91/2000 |
(b)
that person is a relevant customer within the meaning of section 48MB—
there is deemed on the commencement of
that supply to be a contract between the
licensee and that person for the supply and
sale of gas at the tariffs and on the terms and
conditions offered by the licensee in
accordance with section 48MA for the
supply and sale of gas by the licensee atthose premises.
(2) The deemed contract continues until—
(a) the contract is terminated; or
(b)
if the relevant customer enters into a new contract for the purchase of gas from the licensee in respect of the same
premises, the date of taking effect of
that new contract—
whichever first occurs.'.
13. New Division 3A inserted in Part 4A
After Division 3 of Part 4A of the Gas Industry
Act 1994 insert—
"Division 3A—Community Services
Agreements
48TAA. Community services
(1) An agreement by a gas retailer with the State for the provision of community services is an agreement for a term of not less than 5 years for the provision by the gas retailer of gas to a class of domestic customers specified by
the Secretary to the Department of Human
Services—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 13
(a) at such concessional rates and in such manner and at such times as are determined by the Secretary; and (b) on such other terms and conditions as are agreed between the retailer and the State or, in default of agreement, as are determined by the Secretary. (2) In determining terms and conditions under sub-section (1)(b), the Secretary must have regard to the risks and costs associated with the obligations imposed on the gas retailer
under the agreement.
48TAB. Transitional provision relating to
community services
(1) An agreement to which this section applies
that, but for this section, would cease to have
effect on 31 August 2001 continues in force
until the expiration of the prescribed period
or terminated upon the making of a new
agreement by the gas retailer with the State
for the provision of community services by
way of the provision of gas to certain
customers, whichever first occurs.
(2) The prescribed period is the period ending
on 31 December 2001 or such other date, not
later than 31 March 2002, as is agreed
between the gas retailer and the Secretary to
the Department of Human Services.
(3) If a new agreement is not made between the
gas retailer and the State before the
expiration of the prescribed period, an
agreement is deemed to have been entered
into on terms and conditions determined by
the Secretary in accordance with section
48TAA.
Gas Industry Acts (Amendment) Act 2000
| s. 13 | Act No. 91/2000 |
(4) This section applies to an agreement in force before 1 September 2001 under which a gas retailer agrees with the State to provide
certain community services by way of the
provision of gas to customers.
48TAC. ORG may determine certain matters
(1) ORG, at the request of the Secretary to the
Department of Human Services or a gas retailer, may—
(a) Secretary or gas retailer for
determination for the purposes ofdetermine matters referred by the section 48TAA or 48TAB; or
(b) if an agreement referred to in section 48TAA or 48TAB has been entered into or deemed to be entered into on terms and conditions determined by the Secretary under section 48TAA, determine matters relating to those terms and conditions (including the variation of any of those terms and conditions) referred by the Secretary or gas retailer for determination. (2) A request relating to a term or condition
determined by the Secretary under section
48TAA must be made within one month
after notice of the determination is given.
(3) A determination by ORG on matters referred
under sub-section (1) is binding on the
parties to the agreement.
(4) If a determination of ORG on matters
referred under sub-section (1) varies a term
or condition of an agreement, that agreement
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 14 is deemed to be so varied on that
determination being made.(5) The matters which may be referred to ORG under this section do not include—
(a)
any matters relating to the class of domestic customers specified by the Secretary under section 48TAA; or
(b)
any matters determined by the Secretary under section 48TAA.".
14. New section 48TC inserted
After section 48TB of the Gas Industry Act 1994 insert—
"48TC. Costs of VENCorp
(1) A gas retailer must pay to VENCorp at such time or times as VENCorp determines, such amount or amounts (if any) as VENCorp
determines to be payable by that gas retailer in respect of the costs incurred by VENCorp in relation to the implementation and
operation of, and the provision of services in
connection with, arrangements for
competition in the retail gas market in
Victoria.(2) A determination may be made under sub- section (1) in respect of costs incurred by VENCorp before, on or after the date of the
determination.
(3) VENCorp must not make a determination
under sub-section (1) unless it has first been
approved by ORG.".
Gas Industry Acts (Amendment) Act 2000
| s. 15 | Act No. 91/2000 |
15. Section 56 repealed
Section 56 of the Gas Industry Act 1994 is repealed.
_______________
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 16
PART 3—AMENDMENT OF GAS SAFETY ACT 1997
See:
16. Definitions
Act No. 99/1997.
In section 3 of the Gas Safety Act 1997, at the Reprint No. 1 end of the section insert— as at
31 December'(2) In the definition of "gas installation", a reference to gas includes, in relation to
1999.
LawToday:
liquefied petroleum gas, that gas in its liquid
dpc.vic. gov.au
phase.'.
17. Objectives of the Office
In section 10 of the Gas Safety Act 1997, after paragraph (c) insert—
"; 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.".
18. Functions
In section 11 of the Gas Safety Act 1997, after
paragraph (c) insert—"(ca) to monitor compliance of gas companies
with accepted safety cases;
(cb) to audit accepted safety cases to determine
the adequacy and effectiveness of those
safety cases;
(cc) to administer the prescribed minimum standards for energy efficiency of gas installations, appliances and components;
(cd) to inspect and test gas installations,
appliances and components for compliance
with the specified minimum standards for
energy efficiency;".
Gas Industry Acts (Amendment) Act 2000
| s. 19 | Act No. 91/2000 |
19. Corporate plan
(1) In section 22(2) of the Gas Safety Act 1997 omit "and the Treasurer".
(2) In section 22(3) of the Gas Safety Act 1997—
(a) omit "and the Treasurer";
(b) in paragraph (b), omit "the Treasurer or";
(c) in paragraph (c), for "Treasurer" substitute "Minister".
(3) In section 22 of the Gas Safety Act 1997, for sub-
section (4) substitute—
"(4) The Office must consider any comments on
the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.".
(4) In section 22(5) of the Gas Safety Act 1997—
(a)
in paragraphs (a) and (c), omit "the Treasurer and";
(b) in paragraph (b), omit "the Treasurer,".
(5) In section 22(6) of the Gas Safety Act 1997 omit ", the Treasurer".
(6) In section 22(7) and (10) of the Gas Safety Act 1997 omit "the Treasurer and".
(7) In section 22 of the Gas Safety Act 1997, for sub-
section (8) substitute—
"(8) If the Office, by written notice to the
Minister, proposes a modification of the plan, the Office may, within 14 days, make the modification unless the Minister, by written notice to the Office, directs the Office not to make it.".
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 20 (8) In section 22(9) of the Gas Safety Act 1997, for "The Treasurer or the Minister" substitute "The Minister".
20. Statement of corporate intent: contents
In section 23 of the Gas Safety Act 1997—
(a) in paragraph (e), omit "the Treasurer and";
(b) in paragraph (f), omit "the Treasurer,".
21. Office to act in accordance with corporate plan
In section 24 of the Gas Safety Act 1997 omit
"and the Treasurer".
22. New section 69A inserted
After section 69 of the Gas Safety Act 1997 insert—
"69A. Declaration of non-acceptance of appliance
(1) The Office 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, the Office 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, the Office 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) The Office may make a declaration under this section only if it appears to the Office that the appliance or class of appliances is, or
is likely to be, unsafe to use.
Gas Industry Acts (Amendment) Act 2000
| s. 23 | Act No. 91/2000 |
(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 the Office under this Division.". 23. Offence to install or commission certain types of Type A appliances
In section 70 of the Gas Safety Act 1997, at the
end of the section insert—"(2) Sub-section (1) does not apply to a person
who installs a Type A appliance of a
prescribed class after an application is madefor acceptance of the appliance—
(a)
under an acceptance scheme authorised under this Division; or
(b) by the Office under this Division.
(3) A person must not commission for use a
Type A appliance that is installed in accordance with sub-section (2) unless the appliance has been accepted—
(a)
under an acceptance scheme authorised under this Division; or
(b) by the Office under this Division.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.".
24. Offence to supply or sell unaccepted appliances
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
In section 71 of the Gas Safety Act 1997, at the
end of the section insert—
"(2) Sub-section (1) does not apply to a personwho 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 the Office under this Division—
has been made for that appliance before that
appliance is supplied or sold or offered for
supply or sale.(3) If sub-section (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.".
25. New sections 71A to 71C inserted
After section 71 of the Gas Safety Act 1997 insert—
'71A. Offence to sell unsafe appliances
Gas Industry Acts (Amendment) Act 2000
| s. 25 | Act No. 91/2000 |
(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,
40 penalty units;
In the case of a body corporate,200 penalty units.
(2) Sub-section (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.
71B. False 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 a label or compliance plate
to the appliance that falsely represents that
the appliance has been, and continues tobe—
(a)
accepted under an acceptance scheme authorised under this Division; or
(b)
accepted by the Office under this Division.
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 25
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
71C. Unsafe 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 forits intended purpose.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 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).'.
26. New section 76 substituted
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
For section 76 of the Gas Safety Act 1997
substitute—"76. Prohibition of supply or sale of gas
installations, appliances and components
(1) The Office, 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 sub-section (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) The Office, 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 sub-section (3)
operates from the date of the notice or such
later date as is specified in that notice.(5) The Office may exercise a power of
prohibition under this section only if it
appears to the Office that—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 27
(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) gas installation, appliance or
component, or of all gas installations,
appliances or components of that class,
is warranted because of the risk ofprohibition of the supply or sale of the 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) The Office may withdraw a prohibition made
under sub-section (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State.
(7) The Office may withdraw a prohibition made
under sub-section (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 the Office or
accepted under an acceptance scheme
authorised under this Division.".
27. Offence to disobey prohibition
In section 77(2) of the Gas Safety Act 1997, for
"76(2)" substitute "76(3)".
28. New section 78 substituted
For section 78 of the Gas Safety Act 1997 substitute—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
"78. Recall of gas installations, appliances or
components
(1) The Office may make a requirement under this section only if it appears to the Office 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) appliance or component, or gas
installations, appliances orto make the gas installation, use; or
(ii) installation, appliance or
component, or gas installations,
to render safe the use of the gas class.
(2) The Office, by notice in writing served on a
person whose business is or includes the
supply or sale of gas installations, appliances
or components and who has supplied or sold
the gas installation, appliance or component,
or other gas installations, appliances or
components of the same class, may require
the person to take, within the period
specified in the notice, the action specified in
the notice.
(3) The action specified in the notice may consist of or include—
(a)
sending a written request to the person to whom the gas installation, appliance or component, or a gas installation,
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 28 appliance or component of the same
class, was supplied or sold—(i) to return the gas installation, place at which it was supplied or sold; or
(ii) gas installation, appliance or
component, to contact the person
who supplied or sold the gasif it is not practicable to return the component;
(b)
placing an advertisement in a form approved by the Office in a newspaper or newspapers specified by the Office for a period or periods specified by the Office, requesting all persons to whom a gas installation, appliance or component of that class was supplied or sold—
(i) to return the gas installation place at which it was supplied or sold; or
(ii) gas installation, appliance or
component, to contact the person
who supplied or sold the gasif it is not practicable to return the 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
Gas Industry Acts (Amendment) Act 2000
| s. 29 | Act No. 91/2000 |
| component in the manner specified in the notice. |
(4) The Office 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 the Office or
accepted under an acceptance scheme
authorised under this Division.".
29. Section 79A repealed and New Division 6 of Part 3 inserted
For section 79A of the Gas Safety Act 1997 substitute—
"Division 6—Further offences relating to gas
safety
79A. Supply 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 or sale of that gas.
Penalty: In the case of a natural person,
40 penalty units;
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 29 In the case of a body corporate,
200 penalty units.(2) This section does not apply to a prescribed appliance or class of appliances.
79B. Interference 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.
79C. Interference 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;
Gas Industry Acts (Amendment) Act 2000
| s. 29 | Act No. 91/2000 |
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.79D. Interference 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,
40 penalty units;
In the case of a body corporate,
200 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.".
30. New Part 3A inserted
Before Part 4 of the Gas Safety Act 1997 insert—
"PART 3A—ENERGY EFFICIENCY
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 32 79E. Proclaimed gas equipment
The Governor in Council, by Order published in the Government Gazette, may declare that any class, description or type of gas installation, appliance or component is, from a date specified in the Order, proclaimed gas equipment for the purposes of this Part.
79F. Proclaimed gas equipment not to be supplied unless registered and labelled
A person must not, after the date specified in
the Order, supply or offer to supply
proclaimed gas equipment unless the
equipment is registered and labelled in
accordance with the regulations relating to
energy efficiency.Penalty: 50 penalty units.".
31. Right of appeal
In section 81 of the Gas Safety Act 1997—
(a)
after sub-section (2)(c) insert— "(ca) a declaration under section 69A that an
appliance or class of appliances is no
longer accepted;";
(b)
in sub-section (5), after "refusal" insert ", declaration".
32. Inspectors
In section 86 of the Gas Safety Act 1997, for sub- section (4) substitute—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
"(4) An inspector must produce his or her identity card for inspection—
(a)
before performing a function under this Act or the Gas Industry Act 1994; and
(b)
at any time during the performance of a function under this Act or the Gas Industry Act 1994, if asked to do so.
Penalty: 10 penalty units.".
33. Powers of entry
(1) In section 87(1) of the Gas Safety Act 1997, after paragraph (b) insert—
"; or
(c) monitoring the safety of gas installations; or
(d)
determining compliance with this Act or the regulations.".
(2) After section 87(1) of the Gas Safety Act 1997
insert—
"(1A) An inspector must obtain the prior written
consent of the Office before each exercise of
a power under this section for a purpose set
out in sub-section (1)(c) or (d).".
(3) In section 87(2) of the Gas Safety Act 1997, for
"An inspector" substitute "Subject to sub-section
(2A), an inspector".
(4) After section 87(2) of the Gas Safety Act 1997
insert—
"(2A) An inspector may not, for a purpose set out in sub-section (1)(c) or (d), enter—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 33 (a) a residence; or
(b)
land (other than land that is used for a commercial or industrial purpose) on which a residence is situated.".
(5) After section 87(5) of the Gas Safety Act 1997
insert—
"(6) If an inspector exercises a power of entry
under this section, without the owner or
occupier being present, the inspector must—
(a) on leaving the land or premises, leave a notice setting out— (i) the time of entry; and
(ii) the purpose of entry; and
(iii) a description of all things done while on the land or premises; and (iv) the time of departure; and
(v) the procedure for contacting the entry; and
(b) post a copy of that notice—
(i) to the owner of the land or premises, if the identity and address of that owner are known to the inspector; and
(ii) premises, if the identity and
to the occupier of the land or known to the inspector.".
34. New section 117AA inserted
After section 117 of the Gas Safety Act 1997 insert—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
"117AA. Period within which proceedings for
offences may be brought
Despite anything to the contrary in any Act, proceedings for an offence against this Act or the regulations may be commenced within
the period of 3 years after the commission of
the alleged offence.".
35. New Part 6A inserted
After Part 6 of the Gas Safety Act 1997 insert—
'PART 6A—INFRINGEMENT NOTICES
117AB. Definition
In this Part—
"prescribed offence" means an offence
against section 71(1), 71(3), 71B,
72(1), 72(2), 79B or 79C(1).
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 infringement notice may be served on a
person—
(a)
by delivering it personally to the person; or
(b)
by sending it by post addressed to the person's last known place of residence or business.
117AD. Form of notice
An infringement notice must state—
(a) the date of the notice;
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 35
(b) the provision of this Act that creates the offence; (c) the nature, and a brief description, of the alleged offence; (d) the date, time and place of the alleged offence; (e) the infringement penalty for the alleged offence; (f) the manner in which the infringement penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid;
(h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the offence in the
Magistrates' Court;
(j) any other prescribed particulars.
117AE. Infringement penalties
The infringement penalty for an offence against a provision of this Act is one-tenth of
Gas Industry Acts (Amendment) Act 2000
| s. 35 | Act No. 91/2000 |
the maximum monetary penalty fixed by that
provision.
117AF. Late payment of penalty
An inspector may accept payment of the infringement penalty even after the expiration of the time for payment stated in the infringement notice if—
(a) neither a charge has been filed nor a courtesy letter served under Part 2 of Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and
(b)
the infringement notice has not been withdrawn.
117AG. Withdrawal of notice
(1) An inspector may withdraw an infringement
notice at any time within 28 days after the
date on which the notice was served by
serving a withdrawal notice on the person
served with the infringement notice.
(2) A withdrawal notice may be served on a
person—
(a) by delivering it personally to the person; or (b) by sending it by post addressed to the person's last known place of residence or business. (3) An infringement notice may be withdrawn
even if the infringement penalty has been
paid.
(4) If an infringement notice is withdrawn, the
amount of any infringement penalty paid
must be refunded and the Consolidated Fund
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 35 is, to the necessary extent, appropriated
accordingly.
117AH. Payment expiates offence
If an infringement notice is not withdrawn and the infringement penalty is paid within the time for payment stated in the notice or is
accepted in accordance with section 117AF,
then—
(a)
the person on whom the notice was served has expiated the offence by that payment; and
(b)
no proceedings may be taken against that person in respect of that offence; and
(c)
no conviction is to be taken to have been recorded against that person for that offence.
117AI. Payment not to have certain consequences
(1) The payment of an infringement penalty
under this Part is not and must not be taken
to be—
(a)
an admission of guilt in relation to the offence; or
(b)
an admission of liability for the purpose of any civil claim or proceeding arising out of the same occurrence and the
payment does not in any way affect or
prejudice any such claim or proceeding.(2) The payment of an infringement penalty
under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for an offence.
117AJ. Prosecution after service of infringement
notice
Gas Industry Acts (Amendment) Act 2000
| s. 35 | Act No. 91/2000 |
A charge may be filed in respect of an offence to which an infringement notice relates if—
(a)
the infringement penalty has not been paid within the time for payment stated in the notice or in accordance with section 117AF; or
(b) the notice is withdrawn.
117AK. Enforcement of infringement penalty
Payment of the infringement penalty may be
enforced in accordance with Part 2 of
Schedule 7 to the Magistrates' Court Act1989 if—
(a) the infringement notice is an of Schedule 7 to that Act; and
(b)
the infringement penalty has not been paid within the time stated in the notice or in accordance with section 117AF; and
(c) the notice has not been withdrawn; and
(d) a charge has not been filed in accordance with section 117AJ.'. 36. Regulations relating to energy efficiency for proclaimed gas equipment
In section 118(1) of the Gas Safety Act 1997, after paragraph (y) insert—
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000
"(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 the Office 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—
Gas Industry Acts (Amendment) Act 2000
| s. 37 | Act No. 91/2000 |
(i) the testing, examination, marking or labelling of proclaimed gas equipment;
(ii) the preparation of reports about proclaimed gas equipment;
(iii) modification of registration or transfer
the registration, renewal of registration, 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;".
37. Repeal of spent provisions
Division 1 of Part 8 of the Gas Safety Act 1997 is repealed.
______________
Gas Industry Acts (Amendment) Act 2000
Act No. 91/2000 s. 38
PART 4—AMENDMENT OF OTHER ACTS
38. Amendment of Building Act 1993
In section 241 of the Building Act 1993, for sub- section (2A) substitute—
"(2A) Proceedings for an offence against Part 12A
or any regulations made for the purpose of that Part may be brought by the Plumbing Industry Commission, the Office of Gas
Safety or any person authorised by the
Plumbing Industry Commission.
(2B) Proceedings to recover money payable under
Part 12A may be brought by the Plumbing
Industry Commission or any person
authorised by the Plumbing Industry
Commission.".
39. Amendment of Dangerous Goods Act 1985
In section 9 of the Dangerous Goods Act 1985,
after paragraph (ea) insert—"(eb) the conveyance of gas by pipeline to which
the Gas Safety Act 1997 applies;".
40. Amendment of Office of the Regulator-General Act 1994
In section 34A(1) of the Office of the Regulator-
General Act 1994 before "by written notice"
insert "or the Minister administering the GasIndustry Act 1994".
═══════════════
Gas Industry Acts (Amendment) Act 2000
| Endnotes | Act No. 91/2000 |
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 2 November 2000
Legislative Council: 23 November 2000
The long title for the Bill for this Act was "to amend the Gas Industry Act 1994 to further regulate the gas industry, to amend the Gas Safety Act 1997 and other Acts and for other purposes."
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