New South Wales Consolidated Acts

GAS AND ELECTRICITY (CONSUMER SAFETY) ACT 2017

- As at 13 January 2023 
- Act 15 of 2017 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Object of Act
   4.      Definitions
   5.      Act not to apply to certain gas or autogas installations or gas appliances
   5A.     Parts 6 and 7 of Act extend to medical gasfitting work and medical gas technician work
   6.      High risk battery articles subject to Act
   7.      Act to bind Crown

   PART 2 - ELECTRICAL ARTICLES

           Division 1 - Restrictions on sale of electrical articles

   8.      Electrical articles must meet certain standards before they can be sold
   9.      Acquisition guarantee may be defence to certain offences
   10.     Acquisition guarantor may be convicted of offence if acquisition guarantee defence upheld
   11.     Person must not give false acquisition guarantee

           Division 2 - Declared electrical articles and specifications for electrical articles

   12.     Declared electrical articles
   13.     Class specifications for electrical articles
   14.     Compliance with class and model specifications
   15.     Publication of information concerning declared electrical articles and specifications

           Division 3 - Model approvals for electrical articles

   16.     Approval of model of electrical article
   17.     Duration of model approvals
   18.     Suspension or cancellation of model approval
   19.     Administrative review of certain model approval decisions by Civil and Administrative Tribunal

           Division 4 - Recognised external approval schemes

   20.     Recognised external approval schemes

   PART 3 - GAS APPLIANCES

           Division 1 - Restrictions on sale of gas appliances

   21.     Restrictions on sale of gas appliances

           Division 2 - Certification of gas appliances

   22.     Certification of gas appliances
   23.     Authority to certify gas appliances or types of gas appliances
   24.     Conditions of certification authority
   25.     Duration of certification authority
   26.     Suspension or cancellation of certification authority

   PART 4 - UNSAFE ELECTRICAL ARTICLES AND GAS APPLIANCES

   27.     Interpretation
   28.     Prohibition of sale of unsafe electrical articles and gas appliances
   29.     Requiring action to be taken by seller of unsafe electrical articles or gas appliances
   30.     Requiring evidence of safety of electrical articles and gas appliances
   31.     Persons must comply with notices issued under this Part
   32.     Effect of Part on Fair Trading Act 1987

   PART 5 - INSTALLATIONS--ELECTRICAL, GAS AND AUTOGAS

           Division 1 - Electrical installation work, gasfitting work and autogas work

   33.     Work to be carried out by qualified persons
   34.     Work to comply with regulations

           Division 2 - Electrical, gas and autogas installations

   35.     Responsibilities of persons concerning the safety of electrical or gas installations
   36.     Offence of interfering with electrical, gas or autogas installations
   37.     Restrictions on connection of gas appliances to certain gas installations
   38.     Regulation of installations

           Division 3 - Electrical meter installations

   38AA.   Definitions
   38AB.   Installation of advanced meters by retailers and metering co-ordinators
   38AC.   Metering safety management system requirements

   PART 5A - MEDICAL GAS

           Division 1 - Medical gasfitting work and medical gas technician work

   38A.    Work to comply with regulations

           Division 2 - Medical gas installations

   38B.    Responsibilities of persons concerning the safety of medical gas installations
   38C.    Offence of interfering with medical gas installations
   38D.    Notice of defective medical gas installation
   38E.    Regulation of installations

   PART 6 - ACCIDENT REPORTING AND INVESTIGATIONS

   39.     Meanings of "serious electrical accident" and "serious gas accident"
   40.     Notification of serious electrical and gas accidents
   41.     Secretary may arrange investigation of serious electrical or gas accident
   42.     Interference with site of serious electrical or gas accident
   43.     Secretary may publish details of serious electrical or gas accident
   44.     Arrangements with other public authorities regarding certain investigable incidents

   PART 7 - ENFORCEMENT

           Division 1 - Offences and associated provisions relating to investigations and inspections

   45.     Offences relating to investigations and inspections

           Division 2 - Investigation and inspection powers

   46.     Definitions
   47.     Restrictions on power of entry to residential premises
   48.     Inspection of documents evidencing prohibited conduct
   49.     Investigations relating to manufacture or sale of electrical articles or gas appliances
   50.     Prohibition of sale of certain electrical articles, gas appliances and autogas installations and labelling of those articles, appliances and installations
   51.     Investigation of unsafe use of electrical articles, gas appliances or autogas, electrical or gas installations
   52.     Prohibition of unsafe use of electrical articles, gas appliances or autogas, electrical or gas installations
   53.     Investigation of serious electrical or gas accidents
   54.     Inspection of electrical, autogas and gas installations
   55.     Inspection of electricity meters
   55A.    Powers of entry--electricity works and meters

           Division 3 - Seizure and forfeiture of electrical articles and gas appliances

   56.     Meaning of "seized article or appliance"
   57.     Return of seized electrical articles and gas appliances
   58.     Forfeiture of certain electrical articles and gas appliances

           Division 4 - Search warrants

   59.     Search warrants

           Division 5 - Undertakings

   60.     Application of section 218 of the Australian Consumer Law (NSW) to undertakings given for purposes of this Act

           Division 6 - Authorised officers

   61.     Appointment and identification of authorised officers
   62.     Powers of authorised officers who are investigators under Fair Trading Act 1987 not limited

           Division 7 - Proceedings for offences

   63.     Liability of directors etc for offences by corporation--offences attracting executive liability
   64.     Liability of directors etc for offences by corporation--accessory to the commission of the offences
   65.     Evidentiary provisions relating to electrical articles
   66.     Penalty notices
   67.     Nature of proceedings for offences
   68.     Commencement of proceedings
   68A.    Continuing offences

   PART 8 - MISCELLANEOUS

   69.     Registers
   70.     Disclosure of information
   71.     Exclusion of personal liability
   72.     Service of documents
   73.     Provision of documents to Secretary
   74.     Delegation of functions
   75.     Regulations
   76.     (Repealed)
   77.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)