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GAS SAFETY BILL 1997

                 PARLIAMENT OF VICTORIA

                        Gas Safety Act 1997
                                   Act No.


                      TABLE OF PROVISIONS
Clause                                                       Page

PART 1--PRELIMINARY                                             1
  1.     Purpose                                                1
  2.     Commencement                                           2
  3.     Definitions                                            2
  4.     Declaration of gaseous fuel                            9
  5.     Declaration of gas company                             9
  6.     Declaration of pipeline to be a transmission line     10
  7.     Exemptions                                            10
  8.     Crown to be bound                                     11

PART 2--OFFICE OF GAS SAFETY                                   12
  9.     Establishment                                         12
  10.    Objectives of the Office                              12
  11.    Functions                                             13
  12.    Powers                                                13
  13.    Committees                                            14
  14.    Delegation                                            14
  15.    Office consists of Director                           14
  16.    Appointment of Director                               14
  17.    Terms and conditions of appointment                   15
  18.    Vacancies, resignations and removal from office       15
  19.    Acting appointments                                   15
  20.    Validity of decisions                                 16
  21.    Disclosure of interests                               16
  22.    Corporate plan                                        17
  23.    Statement of corporate intent: contents               18
  24.    Office to act in accordance with corporate plan       19
  25.    Nothing void merely because of non-compliance         19
  26.    Protection from liability                             19
  27.    Appointment of persons to assist Office               20
  28.    Improper use of information                           20
  29.    Costs of Office                                       20
  30.    Borrowing and investment by Office                    20
  31.    General Account                                       20



                                       i
531143B.I1-28/10/97

 


 

Clause Page PART 3--GAS SAFETY 22 Division 1--General duties of gas companies 22 32. General duties of gas companies 22 33. Gas quality 22 34. Offence to supply or sell gas for unsafe gas installation 23 35. Offence to supply or sell gas where emergency plumbing order applies 24 36. Mandatory reporting of gas incidents 24 Division 2--Safety case for facility 25 37. Safety case 25 38. Validation of safety case for a facility 26 39. Additional information 26 40. Acceptance of safety case 27 41. Provisional acceptance of safety case 27 42. Non-acceptance of safety case 27 43. Office may determine safety case 28 44. Compliance with safety case 29 45. Revision of safety case--change 30 46. Revision of safety case--each 5 years 31 47. Office may request submission of revised safety case 31 48. Offence to fail to submit revised safety case on request 32 49. Application of provision to revised safety case 33 50. Compliance with safety case is defence 33 Division 3--Safety case for gas installation 33 51. Definitions 33 52. Safety case for Type B gas installation in manufacturing or industrial premises 34 53. Safety case for supply and installation of Type B appliances in manufacturing or industrial premises 34 54. Safety case for manufacture of Type B gas installations 35 55. Exemption from regulations 36 56. Compliance with safety case 36 57. Revision of safety case--each 5 years 37 58. Office may request submission of revised safety case 38 59. Compliance with request 38 60. Lapsing of safety case 39 61. Duty of operator of Type B gas installation 39 62. Duty of manufacturer of Type B appliances 40 63. Duty of manufacturer of Type B gas installations 40 64. Compliance with safety case is a defence 41 Division 4--Approval or authorisation to undertake certain gas work 41 ii 531143B.I1-28/10/97

 


 

Clause Page 65. Approval of persons to carry out upstream gas work 41 66. Offence to carry out upstream gas work without approval or authorisation 42 67. Standard of gas work 42 Division 5--Appliances and gas installations 42 68. Authorisation of acceptance scheme 42 69. Acceptance of appliance by Office 42 70. Offence to install certain Type A appliances 44 71. Offence to supply or sell unaccepted appliances 44 72. Compliance with prescribed standards and requirements for work on gas installation 45 73. Acceptance of gas installation 46 74. Offence to use Type B appliance 47 75. Offence to supply or sell certain appliances without giving required information 48 76. Prohibition of supply of appliances or components 48 77. Offence to disobey prohibition 49 78. Recall of appliances or components 50 79. Offence to fail to comply with requirement 51 PART 4--GAS APPEALS BOARD 52 80. Establishment 52 81. Right of appeal 52 82. Effect of decisions under appeal 53 83. Nature of an appeal 53 84. What action can be taken on appeal? 53 85. Duties of the Office 54 PART 5--INSPECTION 55 Division 1--Appointment of inspectors 55 86. Inspectors 55 Division 2--Powers of entry--general 55 87. Powers of entry--safety cases and gas incidents 55 88. Occupier to be given copy of consent 56 89. Emergency access 57 90. Powers on entry 57 91. Return of things seized 58 92. Magistrates' Court may extend period 59 93. Entry to be reported to Gas Appeals Board 59 Division 3--Powers of entry--enforcement 59 94. Powers of entry--enforcement 59 iii 531143B.I1-28/10/97

 


 

Clause Page 95. Occupier to be given copy of consent 60 96. Search warrant 60 97. Announcement before entry 61 98. Copy of warrant to be given to occupier 62 Division 4--General 62 99. Power of inspector to require information or documents 62 100. Offence to give false information to inspector 63 101. Copying of documents 63 102. Protection against self-incrimination 64 103. Offence to obstruct inspector 64 104. Police to assist inspectors 64 105. Impersonation of inspector 64 PART 6--ENFORCEMENT 65 Division 1--Directions 65 106. Director may give directions 65 107. Additional powers in emergencies 65 108. Defence to certain offences if complying with Director's directions 66 109. Immunity from suit 66 Division 2--Improvement and prohibition notices 66 110. Director or inspector may issue improvement notice 66 111. Offence not to comply with improvement notice 67 112. Director or inspector may issue prohibition notice 68 113. Offence not to comply with prohibition notice 69 114. Notices may include directions 69 Division 3--Other matters 69 115. Offences by bodies corporate 70 116. Offences by partnerships or unincorporated associations 70 117. False or misleading information 71 PART 7--GENERAL 72 118. Regulations 72 PART 8--REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS 77 iv 531143B.I1-28/10/97

 


 

Clause Page Division 1--Repeals and consequential amendments 77 119. Repeal of certain provisions of the Gas Industry Act 1994 77 120. Amendment of Dangerous Goods Act 1985 77 121. Amendment of Building Act 1993 77 122. Amendment of Borrowing and Investment Powers Act 1987 79 Division 2--Transitional provisions 79 123. Transitional provision--Office of Gas Safety 79 124. Transitional provisions--gas installations 79 125. Transitional provisions--existing gas installation work 80 126. Transitional provision--appliances 81 ------------------ SCHEDULE 1--Membership and Procedure of Gas Appeals Board 82 NOTES 88 v 531143B.I1-28/10/97

 


 

Clause Page THIS PAGE IS TO BE MASKED vi 531143B.I1-28/10/97

 


 

PARLIAMENT OF VICTORIA A BILL to provide for the safe conveyance, sale, supply, measurement, control and use of gas, to amend the Gas Industry Act 1994 and other Acts and for other purposes. Gas Safety Act 1997 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purpose The main purpose of this Act is to make provision for the safe conveyance, sale, supply, 5 measurement, control and use of gas and to generally regulate gas safety. 1 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 2 Act No. 2. Commencement (1) Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into 5 operation on a day or days to be proclaimed. (3) If a provision referred to in sub-section (2) does not come into operation before 31 December 1999, it comes into operation on that day. 3. Definitions 10 In this Act-- "acceptance scheme" includes any approval, certification or endorsement scheme, however described; "accepted safety case" means-- 15 (a) a safety case or provisional safety case accepted under Division 2 or 3 of Part 3; or (b) if a revised safety case has been accepted or provisionally accepted 20 under Division 2 or 3 of Part 3, that revised safety case-- but does not include a safety case that has lapsed under Division 3 of Part 3; "apparatus and works" has the same meaning as 25 it has in the Gas Industry Act 1994; "appliance" means a device which uses gas to produce flame, heat, light, power or special atmosphere; "component" means a component of an 30 appliance or gas installation; "construction" has the same meaning as it has in the Gas Industry Act 1994; 2 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 3 Act No. "convey", in relation to gas, means to transmit, distribute or otherwise convey by pipeline; "Director" means the Director of Gas Safety appointed under Part 2; 5 "distribute" has the same meaning as it has in the Gas Industry Act 1994; "distribution pipeline" has the same meaning as it has in the Gas Industry Act 1994; "facility" means-- 10 (a) a pipeline; or (b) a facility or service for the control of the conveyance of gas; or (c) a facility for the measurement of gas where the facility is connected to a 15 transmission pipeline; or (d) a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes); or 20 (e) a service which controls the quality of liquefied petroleum gas provided for supply or sale (other than liquefied petroleum gas used or intended to be used for automotive purposes); or 25 (f) a tempered liquefied petroleum gas plant; "gas" means any gaseous fuel but does not include any gaseous fuel that is declared under section 4 not to be gas for the purposes 30 of this Act or any provision of this Act; "gaseous fuel" includes petrochemical feed stock; 3 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 3 Act No. "gasfitting work" means work carried out in connection with the installation, renewal, commissioning, replacement, modification, relocation, repair or maintenance of any gas 5 installation or any part of any gas installation; "gas company" means-- (a) a gas transmission company within the meaning of the Gas Industry Act 10 1994; or (b) a gas distribution company within the meaning of the Gas Industry Act 1994; or (c) a gas retailer within the meaning of the 15 Gas Industry Act 1994; or (d) a person who is an owner or operator of a facility or service for the control of the conveyance of gas, being a person declared under section 5 to be a gas 20 company for the purposes of this Act; or (e) a person who is an owner or operator of a facility for the measurement of gas connected to a transmission pipeline; or 25 (f) a person who is an owner or operator of a pipeline, being a person declared under section 5 to be a gas company for the purposes of this Act; or (g) a person who is an owner or operator of 30 a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas 35 company for the purposes of this Act; 4 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 3 Act No. (h) a person who is an owner or operator of a service for the supply of liquefied petroleum gas (other than liquefied petroleum gas used or intended to be 5 used for automotive purposes); "gas incident" means any incident or event relating to the conveyance, supply or use of gas which causes or has the potential to cause-- 10 (a) the death of or injury to a person; or (b) significant damage to property; or (c) an explosion; "gas installation" means, in respect of the use or intended use of gas, a combination of-- 15 (a) any pipe or system of pipes for or incidental to the conveyance of gas and components or fittings associated with the pipe or pipes which are downstream of the gas supply point; and 20 (b) any one or more of the following-- (i) any liquefied petroleum gas storage vessels with an aggregate capacity not exceeding 500 litres; (ii) any appliance and associated 25 components or fittings which are downstream of the gas supply point; (iii) any meter which is downstream of the gas supply point; 30 (iv) any means of ventilation or system for the removal of combustion products which is downstream of the gas supply point; 5 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 3 Act No. "gas supply point" means-- (a) the outlet of a gas company's meter assembly; or (b) the outlet of the primary shut-off valve 5 of a liquefied petroleum gas storage vessel; or (c) if paragraph (a) or (b) does not apply, the point of supply of gas; "gas work" means gasfitting work and upstream 10 gas work; "inspector" means a person appointed as an inspector under Part 5; "meter" means an instrument that measures the quantity of gas passing through it; 15 "meter assembly" means a system that includes a meter and any associated pipes, fittings, components, equipment or instruments; "Office" means the Office of Gas Safety established under Part 2; 20 "operation" has the same meaning as it has in the Gas Industry Act 1994; "person" includes an unincorporated body or association and a partnership; "pipeline" has the same meaning as it has in the 25 Gas Industry Act 1994; "practicable" in sections 32, 33, 61, 62 and 63, means practicable having regard to-- (a) in sections 32, 61, 62 and 63 the severity of the hazard or risk in 30 question; and 6 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 3 Act No. (b) in section 33, the severity of the hazard or risk involved in not meeting a prescribed standard or requirement; and (c) the state of knowledge about the hazard 5 or risk and any ways of removing or mitigating the hazard or risk; and (d) the availability and suitability of ways to remove or mitigate the hazard or risk; and 10 (e) the cost of removing or mitigating the hazard or risk; "premises" includes caravan, mobile home and vessel; "quality", in relation to gas, includes odorisation, 15 purity, temperature, pressure and composition; "tempered liquefied petroleum gas" means a mixture of vaporised liquefied petroleum gas and air; 20 "transmission pipeline" means-- (a) a transmission pipeline within the meaning of the Gas Industry Act 1994; or (b) a pipeline that is declared under section 25 6 to be a transmission pipeline; "transmit" has the same meaning as it has in the Gas Industry Act 1994; "Type A appliance" means-- (a) an appliance (including a second-hand 30 appliance) for which an acceptance scheme has been authorised by the Office in accordance with section 68; or 7 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 3 Act No. (b) an appliance which has been accepted under section 69; "Type A gas installation" means-- (a) a gas installation-- 5 (i) which contains only Type A appliances; and (ii) which is located in residential premises of a prescribed class or on land associated with such 10 premises; or (b) a gas installation-- (i) which contains only Type A appliances; and (ii) which is located in commercial 15 premises of a prescribed class or on land associated with such premises; and (iii) in which the total gas consumption of the appliances 20 does not exceed the relevant prescribed amount per hour; and (iv) in which the length of pipe from the gas supply point to the furthest appliance does not exceed the 25 relevant prescribed length; "Type B appliance" means an appliance (including a second-hand appliance) with a gas consumption in excess of 10 megajoules per hour including any components and 30 fittings of that appliance downstream of and including the appliance manual shut-off valve but does not include a Type A appliance; 8 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 4 Act No. "Type B gas installation" means a gas installation which is not a Type A gas installation; "upstream gas work" means work carried out 5 between the outlet point of a gas processing plant and the outlet of a gas distribution company's meter assembly in connection with the construction, commissioning, renewal, operation, control, replacement, 10 modification, repair, maintenance or testing of-- (a) transmission and distribution systems and related apparatus and works; or (b) any other thing used for the 15 conveyance, supply, control or measurement of gas. 4. Declaration of gaseous fuel The Governor in Council, by Order published in the Government Gazette, may declare any gaseous 20 fuel not to be gas for the purposes of this Act or any provision of this Act. 5. Declaration of gas company The Governor in Council, by Order published in the Government Gazette, may declare any of the 25 following to be a gas company for the purposes of this Act-- (a) a person who is an owner or operator of a pipeline; (b) a person who is an owner or operator of a 30 facility or service for the control of the conveyance of gas; (c) a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas which is used 9 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 6 Act No. or intended to be used for automotive purposes). 6. Declaration of pipeline to be a transmission line The Governor in Council, by Order published in 5 the Government Gazette, may declare a pipeline or class of pipeline to be a transmission pipeline. 7. Exemptions (1) The Governor in Council, by Order published in the Government Gazette, and on the 10 recommendation of the Office, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order-- (a) do not have effect in relation to a specified 15 person or class of persons or do not have effect to such extent as is specified; or (b) do not have effect in relation to a specified facility or class of facilities or do not have effect to such extent as is specified; or 20 (c) do not have effect in relation to specified appliances or a class of appliances or do not have effect to such extent as is specified; or (d) do not have effect in relation to specified gas installations or a class of gas installations or 25 do not have effect to such extent as is specified; or (e) do not have effect in relation to specified gas work or a class of gas work or do not have effect to such extent as is specified. 30 (2) An Order under sub-section (1)-- (a) may specify the period during which the Order is to remain in force; and 10 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 8 Act No. (b) may provide that its operation is subject to such terms and conditions as are specified in the Order. (3) A person to whom an Order under this section 5 applies must comply with the terms and conditions (if any) to which the operation of the Order is subject. Penalty: In the case of a natural person, 200 penalty units; 10 In the case of a body corporate, 1000 penalty units. 8. Crown to be bound This Act binds the Crown, not only in right of Victoria but also, as far as the legislative power of 15 the Parliament permits, the Crown in all its other capacities. _______________ 11 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 9 Act No. PART 2--OFFICE OF GAS SAFETY 9. Establishment (1) There is established a body by the name "Office of Gas Safety". 5 (2) The Office-- (a) is a body corporate with perpetual succession; (b) has an official seal; (c) may sue and be sued; 10 (d) may acquire, hold and dispose of real and personal property; (e) may do and suffer all acts and things that a body corporate may by law do and suffer. (3) All courts must take judicial notice of the seal of 15 the Office affixed to a document and, until the contrary is proved, must presume that it was duly affixed. (4) The official seal of the Office must be kept in such custody as the Office directs and must not be 20 used except as authorised by the Office. 10. Objectives of the Office The objectives of the Office are-- (a) to ensure the safety of the conveyance, sale, supply, measurement, control and use of gas; 25 and (b) to control the safety standards of gas work; and (c) to maintain public and industry awareness of gas safety requirements. 12 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 11 Act No. 11. Functions The functions of the Office are-- (a) to issue guidelines specifying minimum safety standards for appliances, gas 5 equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas; (b) to issue guidelines in relation to the 10 preparation of safety cases; (c) to monitor compliance of appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, 15 control and use of gas with the specified safety standards; (d) to investigate events or incidents which have implications for gas safety; (e) to provide advisory and consultative services 20 in relation to gas safety; (f) to consult with and advise industry and the community in relation to gas safety; (g) such other functions as are conferred on the Office by or under this Act or any other Act 25 or the regulations under this Act. 12. Powers For the purpose of performing its functions, the Office-- (a) has such powers as are conferred on it by 30 this Act or any other Act; and (b) may do all other things necessary or convenient to be done for or in connection with, or as incidental to, the achievement of 13 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 13 Act No. its objectives or the performance of its functions. 13. Committees (1) The Office may establish such committees as it 5 determines. (2) A committee established under sub-section (1) shall consist of-- (a) such officers or employees of the Office; and (b) such other persons-- 10 as the Office determines. (3) The Office must appoint one of the members of the committee as chairperson. (4) Except as otherwise provided by the regulations, the procedure of a committee is in its discretion. 15 14. Delegation The Office may, by instrument under its official seal, delegate any function or power of the Office, other than this power of delegation, to-- (a) an officer or employee of the Office; 20 (b) a member of a committee appointed in accordance with this Part; (c) with the consent of the Minister, another person. 15. Office consists of Director 25 The Office consists of the Director of Gas Safety. 16. Appointment of Director (1) The Governor in Council, on the recommendation of the Minister, may appoint a person to be the Director. 14 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 17 Act No. (2) The Public Sector Management Act 1992 (except Part 9) does not apply to the Director in respect of the office of Director. 17. Terms and conditions of appointment 5 (1) The Director shall be appointed for such term, not exceeding 5 years, as is specified in the instrument of appointment, but is eligible for re- appointment. (2) The Director holds office, subject to this Act, on 10 such terms and conditions as are determined by the Minister. 18. Vacancies, resignations and removal from office (1) The Director ceases to hold office if he or she becomes bankrupt. 15 (2) The Director may resign by writing delivered to the Minister. (3) The Governor in Council may remove the Director from office. 19. Acting appointments 20 (1) The Governor in Council, on the recommendation of the Minister, may appoint a person to act as Director-- (a) during a vacancy in the office of the Director; or 25 (b) during any period, or during all periods, when the Director is absent or, for any other reason, is unable to perform the functions of Director-- but a person appointed to act during a vacancy 30 must not continue so to act for more than 6 months, unless re-appointed. (2) An acting appointment shall be for the term and on the conditions determined by the Minister. 15 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 20 Act No. (3) The Governor in Council may at any time terminate an acting appointment. (4) A person appointed under this section has all the powers, and may perform all the functions, of the 5 person for whom he or she is acting. 20. Validity of decisions (1) An act or decision of the Office is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of the Director. 10 (2) Anything done by or in relation to a person purporting to act as Director is not invalid merely because-- (a) the occasion for the appointment has not arisen; or 15 (b) there was a defect or irregularity in relation to the appointment; or (c) the appointment has ceased to have effect; or (d) the occasion for the person to act had not arisen or had ceased. 20 21. Disclosure of interests (1) If the Director has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Office, he or she must, as soon as practicable after the relevant facts come to 25 his or her knowledge, disclose the nature of the interest to the Minister. (2) Sub-section (1) does not apply if the interest is as a result of the supply of goods or services that are available to members of the public on the same 30 terms and conditions. (3) A failure to comply with this section does not affect the validity of any act or decision of the Office or the Director. 16 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 22 Act No. 22. Corporate plan (1) The Office must prepare a corporate plan each year. (2) The Office must give a copy of the proposed plan 5 to the Minister and the Treasurer on or before 31 May in each year. (3) The proposed corporate plan must be in or to the effect of a form approved by the Minister and the Treasurer and must include-- 10 (a) a statement of corporate intent in accordance with section 23; (b) a business plan containing such information as the Treasurer or the Minister requires; (c) financial statements containing such 15 information as the Treasurer requires. (4) The Office must consider any comments on the proposed plan that are made to it by the Treasurer or the Minister within 2 months after the plan was submitted to the Treasurer and the Minister. 20 (5) The Office must-- (a) consult in good faith with the Treasurer and the Minister following communication to it of the comments; and (b) make such changes to the plan as are agreed 25 between the Treasurer, the Minister and the Office; and (c) deliver the completed plan to the Treasurer and the Minister within 2 months after the commencement of the financial year. 30 (6) The plan, or any part of the plan, must not be published or made available except for the 17 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 23 Act No. purposes of this Part without the prior approval of the Office, the Treasurer and the Minister. (7) The plan may be modified at any time by the Office with the agreement of the Treasurer and the 5 Minister. (8) If the Office, by written notice to the Treasurer and the Minister, proposes a modification of the plan, the Office may, within 14 days, make the modification unless the Treasurer or Minister, by 10 written notice to the Office, directs the Office not to make it. (9) The Treasurer or the Minister may, from time to time, by written notice to the Office, direct the Office to include in, or omit from, a statement of 15 corporate intent, a business plan or a financial statement of a specified kind, any specified matters. (10) Before giving a direction under this section, the Treasurer and the Minister must consult with the 20 Office as to the matters to be referred to in the notice. (11) The Office must comply with a direction under this section. (12) At any particular time, the statement of corporate 25 intent, the business plan or the financial statements for the Office are the statements and plan last completed, with any modifications or deletions made in accordance with this Part. 23. Statement of corporate intent: contents 30 Each statement of corporate intent must specify for the Office, in respect of the financial year to which it relates and each of the 2 following financial years, the following information-- (a) the objectives of the Office; 18 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 24 Act No. (b) the nature and scope of the activities to be undertaken by the Office; (c) the accounting policies to be applied in the accounts; 5 (d) the performance targets and other measures by which the performance of the Office may be judged in relation to its stated objectives; (e) the kind of information to be provided to the Treasurer and the Minister by the Office 10 during the course of those financial years; (f) such other matters as may be agreed on by the Treasurer, the Minister and the Office from time to time. 24. Office to act in accordance with corporate plan 15 The Office must act only in accordance with its corporate plan, as existing from time to time, unless it has first obtained the written approval of the Minister and the Treasurer to do otherwise. 25. Nothing void merely because of non-compliance 20 Nothing done by the Office is void or unenforceable merely because the Office has failed to comply with this Part. 26. Protection from liability (1) The Director is not personally liable for anything 25 done or omitted to be done in good faith-- (a) in the exercise of a power or the performance of a function of the Office; or (b) in the reasonable belief that the act or omission was in the exercise of a power or 30 the performance of a function of the Office. (2) Any liability resulting from an act or omission that, but for sub-section (1), would attach to the Director attaches instead to the Office. 19 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 27 Act No. 27. Appointment of persons to assist Office (1) The Office may appoint or engage such employees or other persons as are necessary for the performance of its functions. 5 (2) The terms and conditions of appointment or engagement are as determined by the Office. 28. Improper use of information A person who is, or has been, Director or an employee, agent or contractor of the Office, must 10 not make improper use of any information acquired only in the course of his or her duties to obtain directly or indirectly any pecuniary or other advantage for himself or herself or for any other person. 15 Penalty: 100 penalty units. 29. Costs of Office A gas company must pay to the Office at such time or times as the Minister determines such annual amount (if any) as the Minister determines 20 to be payable by that gas company in respect of the remuneration and reasonable costs and expenses of the Office. 30. Borrowing and investment by Office The Office has the powers conferred on it by the 25 Borrowing and Investment Powers Act 1987. 31. General Account (1) The Office must keep an account called the General Account. (2) The Office must ensure that there is paid into the 30 General Account-- 20 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 31 Act No. (a) all fees and charges received or recovered under this Act; and (b) all other money received by it or on its behalf. 5 (3) The Office may pay money out of the General Account-- (a) to meet any costs or expenses incurred in carrying out its functions or powers; (b) in paying remuneration, allowances or 10 expenses to which the Director, any acting Director or employees of the Office are entitled; (c) for any other purpose authorised by this Act. _______________ 15 21 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 32 Act No. PART 3--GAS SAFETY Division 1--General duties of gas companies 32. General duties of gas companies A gas company must manage and operate each of 5 its facilities to minimise as far as practicable-- (a) the hazards and risks to the safety of the public and customers arising from gas; and (b) the hazards and risks of damage to property of the public and customers arising from gas; 10 and (c) the hazards and risks to the safety of the public and customers arising from-- (i) interruptions to the conveyance or supply of gas; and 15 (ii) the reinstatement of an interrupted gas supply. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 20 1500 penalty units. 33. Gas quality (1) A gas company must ensure that, as far as practicable, the gas which it conveys-- (a) meets the prescribed standards of quality; 25 and (b) complies with any other prescribed requirements. Penalty: In the case of a natural person, 300 penalty units; 22 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 34 Act No. In the case of a body corporate, 1500 penalty units. (2) A gas company which supplies or sells gas to a customer for use in a gas installation must ensure 5 that, as far as practicable, the gas supplied or sold-- (a) meets the prescribed standards of quality; and (b) complies with any other prescribed 10 requirements. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 15 34. Offence to supply or sell gas for unsafe gas installation (1) A gas company must not knowingly supply or sell gas for use in a gas installation which is unsafe. Penalty: In the case of a natural person, 20 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A gas company must not knowingly supply or sell gas for use in a gas installation which does not 25 comply with this Act or the regulations except in the prescribed circumstances. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 30 1500 penalty units. 23 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 35 Act No. 35. Offence to supply or sell gas where emergency plumbing order applies A gas company must not knowingly supply or sell gas for use in a gas installation to which an 5 emergency plumbing order under section 221ZZF of the Building Act 1993 applies. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 10 1500 penalty units. 36. Mandatory reporting of gas incidents (1) A gas company must report to the Office in accordance with the regulations any gas incident which occurs in relation to a facility of that gas 15 company. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 20 (2) A gas company must report to the Office in accordance with the regulations any gas incident of which it is aware and which occurs in relation to a gas installation to which it supplies or sells gas. 25 Penalty: In the case of a natural person, 2 penalty units; In the case of a body corporate, 10 penalty units. (3) The Chief Officer of the Metropolitan Fire and 30 Emergency Services and the Chief Officer under the Country Fire Authority Act 1958 must report to the Office any fire or explosion in which 24 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 37 Act No. he or she suspects gas was a cause or contributing factor. Division 2--Safety case for facility 37. Safety case 5 (1) A gas company must submit a safety case to the Office for each of its facilities in accordance with this section. Penalty: In the case of a natural person, 300 penalty units; 10 In the case of a body corporate, 1500 penalty units. (2) A safety case for a facility must-- (a) be in writing; and (b) in accordance with the regulations, specify 15 the safety management system being followed or to be followed by the gas company-- (i) to comply with the gas company's duties under Division 1; and 20 (ii) in relation to any other matters relating to the safe conveyance, supply, sale, measurement or control of gas that are prescribed. (3) The safety case for a facility which is in operation 25 immediately before the commencement of this section must be submitted within 6 months after that commencement. (4) The safety case for any other facility must be submitted to the Office before the facility 30 commences operation. (5) A safety case may be submitted in stages. 25 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 38 Act No. (6) A safety case may apply to more than one facility. (7) A gas company which has submitted a safety case for a facility under section 138 of the Gas Industry Act 1994 before the commencement of 5 this section is deemed to have complied with this section in relation to that facility. 38. Validation of safety case for a facility (1) If a safety case has been submitted for a facility, the Office may require the gas company to obtain 10 an independent validation of that safety case or any part of that safety case. (2) The Office may require the validation to assess the design, construction, commissioning or operation of the facility or the required part of the 15 facility or all or any of those matters to determine if the facility or part will be fit for the purpose. (3) The gas company must establish to the satisfaction of the Office that each person undertaking the validation of a matter has the necessary 20 competence and ability and access to information on the matter to arrive at an independent opinion on the matter. (4) If the Office requires a gas company to provide an independent validation of a safety case or part of a 25 safety case, the costs of that validation must be borne by the gas company. (5) The Office is not required to proceed with the consideration of a safety case until the independent validation is provided. 30 39. Additional information (1) The Office may require a gas company to provide any additional information that the Office thinks fit in relation to a safety case submitted by the gas company under this Division. 26 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 40 Act No. (2) The Office is not required to proceed with the consideration of a safety case until the additional information is provided. 40. Acceptance of safety case 5 (1) The Office must consider a safety case submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the safety case permit. (2) The Office must accept a safety case submitted 10 under this Division if it is satisfied that the safety case is appropriate for the facility to which it applies and complies with this Act and the regulations. (3) The Office must notify the gas company in 15 writing of its decision to accept a safety case. 41. Provisional acceptance of safety case (1) The Office may provisionally accept a safety case if it is satisfied that it will provide for the safe operation of the facility. 20 (2) The Office must notify the gas company in writing of its decision to provisionally accept a safety case. (3) The notice of acceptance must state-- (a) the period that the provisional acceptance 25 will be in force; and (b) the extent to which the safety case has been accepted; and (c) any limitations or conditions which will apply in respect of the use or operation of the 30 facility while the provisional acceptance is in force. 42. Non-acceptance of safety case 27 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 43 Act No. (1) If the Office does not accept or provisionally accept a safety case it must-- (a) notify the gas company in writing of the non- acceptance; and 5 (b) give the gas company an opportunity to modify and re-submit the safety case. (2) A modified safety case must be submitted to the Office within 28 days after the notice is given under sub-section (1). 10 (3) If, after considering any modified safety case submitted under this section, the Office decides not to accept a safety case the Office must give notice in writing of that decision to the gas company. 15 (4) A notice under this section must be accompanied by a statement of the reasons for the decision. 43. Office may determine safety case (1) The Office may determine the safety case which is to apply in respect of a facility which is in 20 operation at the time of the determination if-- (a) the gas company fails to submit a safety case for the facility in accordance with this Division; or (b) the Office has decided not to accept a safety 25 case for the facility. (2) If the Office determines the safety case to apply to a facility under this section, the Office must give notice in writing to the gas company of that determination. 30 (3) On notice being given to the gas company under sub-section (2), the safety case determined by the Office is deemed for the purposes of this Act to be the accepted safety case for the facility to which it applies. 28 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 44 Act No. (4) Nothing in sub-section (3) prevents a gas company from submitting a safety case or a revised safety case for a facility to the Office for acceptance under this Division. 5 44. Compliance with safety case (1) A gas company must not commission or commence to operate a facility of the gas company unless a safety case for that facility has been accepted or provisionally accepted under this 10 Division. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 15 (2) A gas company must comply with the accepted safety case for a facility in relation to the management and operation of the facility. Penalty: In the case of a natural person, 300 penalty units; 20 In the case of a body corporate, 1500 penalty units. (3) A gas company must comply with the accepted safety case for a facility in relation to the removal, dismantling or decommissioning of the facility. 25 Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (4) A gas company must not-- 30 (a) undertake or permit a modification of a facility that has the potential to significantly increase the overall levels of risk in relation to a facility; or 29 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 45 Act No. (b) undertake or permit a modification that has the potential to significantly influence the level of a specific risk or the ranking of risk contributing factors; or 5 (c) make or permit a significant change to the safety management system in relation to the facility-- unless the Office has accepted a revision of the safety case in relation to that matter for that 10 facility. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. 15 45. Revision of safety case--change A gas company must submit a revised safety case to the Office if-- (a) developments in technical knowledge or the assessment of hazards relevant to the facility 20 make it appropriate to revise the safety case; or (b) proposed modifications of the facility will result in a significant increase in the overall levels of risk in relation to the facility; or 25 (c) a proposed modification of the facility may significantly influence the level of a specific risk or the ranking of risk contributing factors; or (d) the gas company proposes to make a 30 significant change to the safety management system in relation to the facility; or (e) the gas company proposes to dismantle, decommission or remove the facility or part of the facility in a different manner from the 30 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 46 Act No. procedures set out in the safety case for the facility. 46. Revision of safety case--each 5 years A gas company must submit a revised safety case 5 to the Office at the end of each period of 5 years commencing on the later of-- (a) the date when the safety case is first accepted; or (b) the date of the most recent acceptance of a 10 revision of the safety case submitted under this section. Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 15 400 penalty units. 47. Office may request submission of revised safety case (1) The Office may at any time request a gas company to submit a revised safety case for a facility of the gas company. 20 (2) The request must-- (a) be in writing; and (b) set out-- (i) the matters to be addressed by the required revision; and 25 (ii) the proposed date of effect of the revision; and (iii) the grounds for the request. (3) The gas company to whom the request is given may make a submission to the Office on all or any 30 of the following grounds-- (a) that the revision should not occur; 31 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 48 Act No. (b) that the revision should be in different terms from the proposed terms; (c) that the revision should take effect on a later date than the proposed date of effect. 5 (4) The submission must-- (a) be in writing; and (b) state the gas company's reasons for the submission; and (c) be made within 21 days, or such later period 10 as the Office in writing allows, after the request is received. (5) If a gas company makes a submission under this section, the Office must decide-- (a) to accept the submission or part of the 15 submission and vary or withdraw the request accordingly; or (b) to reject the submission. (6) The Office must give the gas company notice in writing of its decision on the submission and the 20 reasons for that decision. 48. Offence to fail to submit revised safety case on request If the Office requests the revision of a safety case in accordance with section 47, the gas company must submit a revised safety case for a facility to 25 the Office-- (a) if the gas company does not make a submission under that section, within the time (being not less than 60 days) specified by the Office in the request; or 32 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 49 Act No. (b) if the gas company has made a submission under that section and the Office has not withdrawn the request, within the time (being not less than 60 days) specified by the 5 Office in the decision on the submission. Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units. 10 49. Application of provision to revised safety case Sections 38 to 43 apply to the revision of a safety case in the same manner as they apply to a safety case. 50. Compliance with safety case is defence 15 It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted safety case in relation to that duty or obligation. 20 Division 3--Safety case for gas installation 51. Definitions In this Division-- "manufacturer" in relation to a class of appliances or gas installations, means a 25 person who manufactures that class of appliances or installations; "operator" in relation to a gas installation or proposed gas installation, means the person who owns or operates or is to own or operate 30 the gas installation. 33 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 52 Act No. 52. Safety case for Type B gas installation in manufacturing or industrial premises (1) The Office may permit the operator of a Type B gas installation or proposed Type B gas 5 installation which is or is to be located in manufacturing or industrial premises to submit a safety case for that gas installation. (2) A safety case submitted under this section must-- (a) be in writing; and 10 (b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe installation and operation of the gas installation. 15 (3) Sections 38 to 42 apply to a safety case under this section as if-- (a) any reference to a facility were a reference to the Type B gas installation; and (b) any reference to a gas company were a 20 reference to the operator of the Type B gas installation. 53. Safety case for supply and installation of Type B appliances in manufacturing or industrial premises (1) The Office may permit a manufacturer of a class 25 of Type B appliances intended for use in manufacturing or industrial premises to submit a safety case in relation to the supply and installation of those appliances. (2) A safety case submitted under this section must-- 30 (a) be in writing; and 34 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 54 Act No. (b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe supply and installation of the class of 5 Type B appliances. (3) Sections 38 to 42 apply to a safety case under this section as if-- (a) any reference to a facility were a reference to the supply and installation of the Type B 10 appliances; and (b) any reference to a gas company were a reference to the manufacturer of the Type B appliances. 54. Safety case for manufacture of Type B gas 15 installations (1) The Office may permit a manufacturer of a class of Type B gas installations to submit a safety case for the manufacture of that class of gas installations. 20 (2) A safety case submitted under this section must-- (a) be in writing; and (b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the 25 safety of the class of gas installations. (3) Sections 38 to 42 apply to a safety case under this section as if-- (a) any reference to a facility were a reference to the manufacture of the Type B gas 30 installations; and (b) any reference to a gas company were a reference to the manufacturer of the Type B gas installations. 35 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 55 Act No. (4) This section does not apply to the manufacture of a gas installation at the site at which it is intended to be used. 55. Exemption from regulations 5 (1) If the Office accepts a safety case submitted under section 52, the Office may exempt the operator of the Type B gas installation from compliance with any of the regulations relating to the installation and operation of gas installations. 10 (2) If the Office accepts a safety case submitted under section 53, the Office may exempt the manufacturer of the Type B appliances from compliance with any of the regulations relating to the installation of appliances. 15 (3) If the Office accepts a safety case submitted under section 54, the Office may exempt the manufacturer of the Type B gas installations from compliance with any of the regulations relating to the installation of gas installations. 20 (4) If the Office accepts a safety case submitted under this Division, the Office may exempt any person authorised under the safety case to carry out a class or type of gasfitting work from compliance with any of the regulations relating to the carrying 25 out of that class or type of gasfitting work. (5) The Office must not grant an exemption under this section from compliance with a regulation unless the Office is satisfied that the level of safety to be provided if the exemption is given is not less than 30 the level of safety which would be required to be provided under the regulation. 56. Compliance with safety case (1) An operator of a Type B gas installation for which there is an accepted safety case under this 36 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 57 Act No. Division must comply with that safety case in respect of that gas installation. Penalty: In the case of a natural person, 200 penalty units; 5 In the case of a body corporate, 1000 penalty units. (2) A manufacturer of a class of Type B appliances for which there is an accepted safety case under this Division must comply with that safety case in 10 respect of the supply and installation of those appliances. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 15 1000 penalty units. (3) A manufacturer of a class of Type B gas installations for which there is an accepted safety case under this Division must comply with that safety case in respect of the manufacture of those 20 gas installations. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 25 57. Revision of safety case--each 5 years An operator of a Type B gas installation or a manufacturer of a class of Type B appliances or of a class of Type B gas installations in respect of which an accepted safety case applies under this 30 Division must submit a revised safety case to the Office at the end of each period of 5 years commencing on the later of-- (a) the date when the relevant safety case is first accepted; or 37 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 58 Act No. (b) the date of the most recent acceptance of a revision of the safety case submitted under this section. Penalty: In the case of a natural person, 5 50 penalty units; In the case of a body corporate, 250 penalty units. 58. Office may request submission of revised safety case (1) The Office may at any time request-- 10 (a) an operator of a Type B gas installation to which an accepted safety case applies to submit a revised safety case for that installation; or (b) a manufacturer of a class of Type B 15 appliances to which an accepted safety case applies to submit a revised safety case for that class of appliances; or (c) a manufacturer of a class of Type B gas installations to which an accepted safety case 20 applies to submit a revised safety case for that class of gas installations. (2) The request must-- (a) be in writing; and (b) set out-- 25 (i) the matters to be addressed by the required revision; and (ii) the proposed date of effect of the revision; and (iii) the grounds for the request. 30 59. Compliance with request 38 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 60 Act No. An operator or manufacturer must comply with a request under section 58 within the time (being not less than 60 days) specified by the Office in the request. 5 Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units. 60. Lapsing of safety case 10 (1) If an operator of a Type B gas installation or manufacturer of a class of Type B appliances or a class of Type B gas installations fails to comply with section 57 or 58, the Office, by notice in writing to the operator or manufacturer, may 15 determine that the accepted safety case applying to that gas installation or class of appliances or class of gas installations has lapsed. (2) An operator of a Type B gas installation or a manufacturer of a class of Type B appliances or a 20 class of Type B gas installations may, by notice in writing to the Office, withdraw an accepted safety case applying to that gas installation or class of appliances or class of gas installations. (3) If an accepted safety case has lapsed or been 25 withdrawn, any exemption granted under section 55 in respect of that safety case lapses. 61. Duty of operator of Type B gas installation The operator of a Type B gas installation to which an accepted safety case applies must manage and 30 operate that gas installation to minimise as far as practicable-- (a) the hazards and risks to the safety of the public arising from the use of the gas installation; and 39 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 62 Act No. (b) the hazards and risks to property arising from the use of the gas installation. Penalty: In the case of a natural person, 200 penalty units; 5 In the case of a body corporate, 1000 penalty units. 62. Duty of manufacturer of Type B appliances A manufacturer of a class of Type B appliances in respect of which an accepted safety case applies 10 must ensure that those appliances are manufactured and installed in such a manner to minimise as far as practicable-- (a) the hazards and risks to the safety of the public arising from the gas installation; and 15 (b) the hazards and risks to property arising from the gas installation. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 20 1000 penalty units. 63. Duty of manufacturer of Type B gas installations A manufacturer of a class of Type B gas installations to which an accepted safety case applies must ensure that those gas installations are 25 manufactured in such a manner to minimise as far as practicable-- (a) the hazards and risks to the safety of the public arising from the gas installations; and (b) the hazards and risks to property arising 30 from the gas installations. 40 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 64 Act No. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 5 64. Compliance with safety case is a defence It is a defence to a prosecution of a person for an offence relating to a breach of a duty set out in section 61, 62 or 63 if the person has complied with the accepted safety case in relation to that 10 duty. Division 4--Approval or authorisation to undertake certain gas work 65. Approval of persons to carry out upstream gas work (1) Any person may apply to the Office for approval 15 to carry out upstream gas work in relation to a particular facility or class of facility. (2) An application under sub-section (1) must-- (a) be in writing; and (b) contain the prescribed information; and 20 (c) be accompanied by the relevant prescribed fee. (3) The Office may grant an approval under this section to a person to undertake upstream gas work or a particular class of upstream gas work in 25 relation to a particular facility or class of facility if the Office is satisfied that the applicant has the appropriate qualifications and experience to undertake that work. (4) An approval under this section is granted subject 30 to-- (a) any terms, conditions or limitations specified in the approval; and 41 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 66 Act No. (b) any terms, conditions or limitations which are prescribed. (5) The Office may at any time suspend or cancel an approval given under this section. 5 66. Offence to carry out upstream gas work without approval or authorisation A person must not carry out upstream gas work in relation to any facility unless the person-- (a) is approved under section 65 to carry out that 10 work; or (b) is authorised under an accepted safety case to carry out that work. Penalty: In the case of a natural person, 50 penalty units; 15 In the case of a body corporate, 250 penalty units. 67. Standard of gas work A person who carries out gas work in relation to a facility must carry out that work competently and 20 with due regard to safety. Division 5--Appliances and gas installations 68. Authorisation of acceptance scheme The Office, by notice published in the Government Gazette, may declare any acceptance 25 scheme for appliances or any part of the scheme specified in the notice to be authorised for the purposes of this Act. 69. Acceptance of appliance by Office (1) The Office, on the application of any person, may 30 accept an appliance or class of appliances for the purposes of this Act. (2) An application must-- 42 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 69 Act No. (a) be in writing; and (b) contain or be accompanied by the prescribed information; and (c) be made in accordance with the regulations; 5 and (d) be accompanied by the relevant prescribed fee. (3) The Office must notify the applicant in writing of its decision-- 10 (a) to accept an appliance or class of appliances; or (b) to accept an appliance or class of appliances subject to the conditions specified by the Office; or 15 (c) not to accept an appliance or class of appliances. (4) The conditions specified by the Office in respect of an appliance or class of appliances may include-- 20 (a) requirements for the testing of the appliance or appliances in accordance with the regulations by a person or body approved by the Office; and (b) requirements for modifications to be made to 25 the appliance or appliances; and (c) requirements for the affixing of compliance plates to the appliance or appliances in accordance with the regulations. (5) Without limiting sub-section (3), the Office may 30 decide not to accept an application under this section if an acceptance scheme authorised under this Division exists for the appliance. 43 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 70 Act No. (6) If the Office decides not to accept an appliance or class of appliance under this section it must notify the applicant in writing of the reasons for the decision. 5 (7) If the Office accepts an appliance or class of appliance subject to conditions, the acceptance takes effect in respect of an appliance when the conditions are complied with. 70. Offence to install certain Type A appliances 10 A person must not knowingly install a Type A appliance unless the appliance has been-- (a) accepted under an acceptance scheme authorised under this Division; or (b) accepted by the Office under this Division. 15 Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 71. Offence to supply or sell unaccepted appliances 20 A person must not supply or offer to supply or sell or offer to sell a Type A appliance unless the appliance has been-- (a) accepted under an acceptance scheme authorised under this Division; or 25 (b) accepted 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. 44 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 72 Act No. 72. Compliance with prescribed standards and requirements for work on gas installation (1) A person carrying out gasfitting work must ensure that that work complies with-- 5 (a) the prescribed standards and requirements in relation to that work; or (b) the standards determined by the Office under the regulations in relation to that work. Penalty: In the case of a natural person, 10 40 penalty units; In the case of a body corporate, 200 penalty units. (2) A person carrying out gasfitting work on an appliance or gas installation must ensure that the 15 appliance or gas installation complies with-- (a) the prescribed standards and requirements in relation to that appliance or gas installation; or (b) the standards determined by the Office under 20 the regulations in relation to that work. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 25 (3) A person may apply to the Office in accordance with the regulations for an exemption from all or any of the standards or requirements referred to in this section. (4) The Office may grant the exemption if the Office 30 is satisfied that-- (a) compliance with the standard or requirement does not warrant the cost of compliance; and 45 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 73 Act No. (b) the degree of safety attained by other means is acceptable. (5) An exemption may be granted on such conditions as are specified in the exemption. 5 (6) A person to whom an exemption applies must comply with any conditions specified in the exemption. Penalty: In the case of a natural person, 40 penalty units; 10 In the case of a body corporate, 200 penalty units. 73. Acceptance of gas installation (1) A person who carries out work on a Type B gas installation or a Type A gas installation of a 15 prescribed class must apply to the Office for acceptance of the installation before the installation is commissioned. Penalty: In the case of a natural person, 40 penalty units; 20 In the case of a body corporate, 200 penalty units. (2) An application must-- (a) be in writing; and (b) contain or be accompanied by the prescribed 25 information; and (c) contain or be accompanied by a statement of compliance in the prescribed form made and signed by a prescribed person or a person in a prescribed class of persons; and 30 (d) be made in accordance with the regulations; and (e) be accompanied by the relevant prescribed fee. 46 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 74 Act No. (3) The Office must notify the applicant in writing of its decision-- (a) to accept the gas installation; or (b) to accept the gas installation subject to the 5 conditions specified by the Office; or (c) not to accept the gas installation. (4) The conditions specified by the Office in respect of a gas installation may include-- (a) requirements for the testing of the gas 10 installation in accordance with the regulations by a person or body approved by the Office; and (b) requirements for modifications to be made to the gas installation; and 15 (c) requirements for the affixing of compliance plates to the gas installation in accordance with the regulations. (5) If the Office decides not to accept a gas installation under this section it must notify the 20 applicant in writing of the reasons for the decision. (6) If the Office accepts a gas installation subject to certain conditions, the acceptance takes effect when the conditions are complied with. 25 (7) This section does not apply to a gas installation if an accepted safety case applies in relation to the gas installation. (8) This section does not apply to repair or maintenance work on a gas installation. 30 74. Offence to use Type B appliance Except in the prescribed circumstances, a person must not use a Type B appliance unless the gas installation of which that appliance forms part-- 47 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 75 Act No. (a) has been accepted by the Office in accordance with this Division; or (b) has been installed in accordance with an accepted safety case. 5 Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 75. Offence to supply or sell certain appliances without 10 giving required information If section 74 applies to a Type B appliance, a person must not supply or offer to supply or sell or offer to sell a Type B appliance unless the person first informs the person to whom the 15 supply or sale or offer is to be made of the requirements of section 74. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 20 200 penalty units. 76. Prohibition of supply of appliances or components (1) The Office, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the 25 supply or sale of an appliance or component or appliances or components of a specified class from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice. 30 (2) The Office, by notice in writing given to a person, may prohibit that person from supplying or selling an appliance or component or appliances or components of a specified class from the date of the notice or such later date as is specified in the 35 notice. 48 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 77 Act No. (3) The Office may exercise a power of prohibition under this section only if it appears to the Office that-- (a) the appliance or component or an appliance 5 or component of that class is, or is likely to become, by reason of its design or construction, unsafe to use; and (b) prohibition of the supply or sale of the appliance or component or of all appliances 10 or components of that class is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that appliance or component, or appliances or components of that class. 15 (4) 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. (5) The Office may withdraw a prohibition made 20 under sub-section (2) by notice given to the person to whom the prohibition was given. (6) This section applies whether or not the appliance or component or class of appliances or components was accepted by the Office or 25 accepted under an acceptance scheme authorised under this Division. 77. Offence to disobey prohibition (1) A person must not, while a prohibition under section 76(1) remains in force, do anything 30 prohibited by that prohibition. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 49 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 78 Act No. (2) A person must not, while a prohibition under section 76(2) remains in force, do anything prohibited by that prohibition. Penalty: In the case of a natural person, 5 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units. 78. Recall of appliances or components 10 (1) The Office may make a requirement under this section only if it appears to the Office that-- (a) an appliance or component is, or is likely to become, by reason of its design or construction, unsafe to use; or 15 (b) specific action is necessary-- (i) to make the appliance or component or appliances or components of that class safe to use; or (ii) to render safe the use of the appliance 20 or component or appliances or components of that class. (2) The Office, by notice in writing served on a person whose business is or includes the supply or sale of appliances or components and who has 25 supplied or sold the appliance or component or other 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. 30 (3) The action specified in the notice may consist of or include-- (a) sending a written request to the person to whom the appliance or component or an appliance or component of the same class, 50 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 79 Act No. was supplied or sold to return the appliance or component to the place at which it was supplied or sold; (b) placing an advertisement in a form approved 5 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 an appliance or component of that class was supplied or sold 10 to return the appliance or component to the place at which it was supplied or sold; (c) making the appliance or component or appliances or components of that class safe to use or rendering safe the use of that 15 appliance or 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. 20 (5) This section applies whether or not the appliance or component or class of appliances or components was accepted by the Office or accepted under an acceptance scheme authorised under this Division. 25 79. Offence to fail to comply with requirement A person of whom a requirement is made under section 78 must comply with that requirement. Penalty: In the case of a natural person, 200 penalty units or 2 years 30 imprisonment or both; In the case of a body corporate, 1000 penalty units. _______________ 51 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 80 Act No. PART 4--GAS APPEALS BOARD 80. Establishment (1) There is established by this Act a Board to be called the Gas Appeals Board. 5 (2) The members of the Gas Appeals Board are to be appointed by the Governor in Council on the recommendation of the Minister. (3) The Gas Appeals Board is to consist of-- (a) a person appointed to be chairperson of the 10 Board; and (b) as many other persons as the Minister considers necessary for the purposes of this Act, and who, in the Minister's opinion, have experience in the gas industry or in matters 15 related to that industry or in law or public administration. (4) Schedule 1 has effect with respect to the membership and procedure of the Gas Appeals Board. 20 81. Right of appeal (1) A person who is aggrieved by a decision of the Office set out in sub-section (2) may appeal against the decision in accordance with this Part. (2) An appeal may be made to the Gas Appeals Board 25 in relation to the following-- (a) a decision under section 65 not to approve a person to carry out upstream gas work; (b) a decision under section 65 to cancel or suspend an approval given under that 30 section; (c) a refusal under section 69 to accept an appliance; 52 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 82 84 Act No. (d) a refusal under section 73 to accept a gas installation; (e) a condition on an acceptance under section 69 or 73; 5 (f) a prohibition under section 76; (g) a requirement under section 78; (h) a decision of the Office under the regulations which is prescribed for the purposes of this section. 10 (3) A person to whom an improvement notice or prohibition notice is issued under Part 6 may appeal to the Gas Appeals Board against the notice. (4) An appeal under sub-section (3) must be lodged 15 with the Gas Appeals Board within 7 days after the notice is issued. (5) Any other appeal under this section must be lodged with the Gas Appeals Board within the relevant prescribed time after notice of the 20 decision, refusal, prohibition or requirement which is the subject of the appeal is received by the appellant. 82. Effect of decisions under appeal An appeal under this Part does not stay the 25 operation of the decision under appeal, unless the Gas Appeals Board otherwise determines. 83. Nature of an appeal (1) An appeal under this Part is in the nature of a re-hearing. 30 (2) On an appeal the Gas Appeals Board may consider matters not raised before the decision under appeal was made. 84. What action can be taken on appeal? 53 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Act No. (1) The Gas Appeals Board must consider and determine an appeal and by its determination may-- (a) affirm the decision under appeal; or 5 (b) quash the decision under appeal; or (c) vary the decision under appeal; or (d) set the decision under appeal aside and-- (i) substitute its own determination; or (ii) remit the decision to the Office for 10 reconsideration in accordance with any directions or recommendations that it considers appropriate. (2) In considering and determining an appeal, the Gas Appeals Board has in addition to its other powers 15 all the powers of the Office and the Director in relation to the decision under appeal. (3) The Gas Appeals Board may make any ancillary or incidental orders that it considers necessary to give effect to its determination on an appeal. 20 85. Duties of the Office (1) The Office must give the Gas Appeals Board such assistance as the Board may require including the provision of all the information in relation to the appeal available to the Office. 25 (2) The Office must take such action as is necessary to give effect to a determination of the Gas Appeals Board under this Part. _______________ 54 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 86 Act No. PART 5--INSPECTION Division 1--Appointment of inspectors 86. Inspectors (1) The Director may appoint an officer or employee 5 of the Office to be an inspector for the purpose of this Act. (2) The Director must give an identity card to each officer and employee who is appointed an inspector. 10 (3) The identity card-- (a) must be signed by the Director; and (b) bear a photograph and the signature of the officer or employee. (4) An inspector must, in the course of performing his 15 or her functions under this Act, produce his or her identity card to any person who requests its production. Penalty: 5 penalty units. (5) In this section, "officer or employee" includes an 20 agent or contractor of the Office authorised by the Office to carry out certain functions. Division 2--Powers of entry--general 87. Powers of entry--safety cases and gas incidents (1) An inspector may exercise powers under this 25 section only to the extent that is reasonably necessary to do so for the purpose of-- (a) investigating a gas incident; or (b) determining compliance with a safety case. 55 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 88 Act No. (2) An inspector may enter any residence or the land on which a residence is situated if-- (a) the inspector gives the occupier not less than 24 hours notice, or such other notice as may 5 be agreed with the occupier, before the inspector enters the land or residence; and (b) the occupier consents in writing to that entry; and (c) the entry occurs only between 8 a.m. and 10 6 p.m., unless the occupier consents in writing to entry outside those hours. (3) An inspector may enter any other land or premises during normal business hours. (4) In carrying out an inspection under this section, an 15 inspector must-- (a) cause as little harm and inconvenience or damage as possible; and (b) not remain on the land or premises any longer than is reasonably necessary; and 20 (c) leave the land or premises as nearly as possible in the same condition as it was found prior to the inspection being carried out. (5) An inspector may not exercise any powers under 25 this section if the inspector fails to produce, on request, his or her identity card for inspection by the occupier of the land or premises. 88. Occupier to be given copy of consent (1) An occupier who consents in writing to entry of 30 his or her residence or the land on which the residence is situated under section 87 must be given a copy of the signed consent immediately. 56 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 89 Act No. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry under section 87. 5 89. Emergency access (1) An inspector may enter any land or premises at any time in an emergency if there is a threat to the safety of persons or property arising from a situation relating to gas. 10 (2) If an inspector exercises a power of entry under this section, without the owner or occupier being present, the inspector must, on leaving the land or premises, leave a notice setting out-- (a) the time of entry; and 15 (b) the purpose of entry; and (c) a description of all things done while on the land or premises; and (d) the time of departure; and (e) the procedure for contacting the Office for 20 further details of the entry. 90. Powers on entry (1) On exercising a power of entry under this Division, an inspector may for the purpose for which the power of entry was exercised-- 25 (a) search the land or premises and anything found at the land or premises; (b) inspect and take photographs (including video recordings), or make sketches, of the land or premises or anything on the land or 30 at the premises; (c) inspect, and make copies of, or take extracts from, any document kept on the land or at the premises; 57 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 91 Act No. (d) seize anything on the land or at the premises the inspector believes on reasonable grounds that it is necessary to seize in order to prevent its concealment, loss or destruction; 5 (e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any appliance, gas installation, gas pipe, gas fitting, apparatus or equipment that the inspector considers unsafe or does not 10 comply with this Act or the regulations or was involved in a gas incident. (2) If an inspector is unable to ascertain the identity of the owner or custodian of anything seized, the inspector must-- 15 (a) leave a receipt with, or post it to, the owner of the land or premises from which the thing was seized; and (b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, 20 the owner of the land or premises from which the document was seized. 91. Return of things seized (1) If an inspector seizes a thing under section 90, the inspector must take reasonable steps to return the 25 thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned within 14 days after it is seized, the inspector must take reasonable steps to return it unless-- 30 (a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 92 extending the period of 14 days. 58 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 92 Act No. 92. Magistrates' Court may extend period (1) An inspector may apply to the Magistrates' Court before the expiration of the period referred to in section 90 or within a period extended by the 5 Court under this section for an extension of that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary-- 10 (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to enable 15 notice of the application to be given to any person. 93. Entry to be reported to Gas Appeals Board (1) If an inspector exercises a power of entry under this Division, the inspector must report the exercise of the power to the Gas Appeals Board in 20 accordance with the regulations. (2) The Gas Appeals Board must keep a register containing the prescribed particulars of all matters reported to it under this section. Division 3--Powers of entry--enforcement 25 94. Powers of entry--enforcement (1) If an inspector has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act or the 30 regulations, the inspector may-- (a) enter the land or premises; and (b) search for the thing. 59 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 95 Act No. (2) An inspector must not enter land or premises under this Division except-- (a) with the written consent of the occupier of the land or premises; or 5 (b) under the authority of a search warrant. 95. Occupier to be given copy of consent (1) An occupier who consents in writing to entry of his or her land or premises under section 94 must be given a copy of the signed consent 10 immediately. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search. 15 96. Search warrant (1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the inspector believes on reasonable grounds that there is, or may be within 20 the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (2) A magistrate may issue a search warrant under 25 this section if the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on land or premises a particular thing that may be 30 evidence of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary-- 60 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 97 Act No. (a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and (b) to search for the thing named or described in 5 the warrant. (4) In addition to any other requirement, a search warrant issued under this section must state-- (a) the offence suspected; and (b) the land or premises to be searched; and 10 (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and (e) whether entry is authorised to be made at any 15 time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance 20 with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this 25 section. 97. Announcement before entry (1) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector named in the warrant must-- 30 (a) announce that he or she is authorised by the warrant to enter the land or premises; and 61 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 98 Act No. (b) give any person at the land or premises an opportunity to allow entry to the land or premises. (2) The inspector or a person assisting the inspector 5 need not comply with sub-section (1) if he or she believes on reasonable grounds that immediate entry to the land or premises is required to ensure-- (a) the safety of any person; or 10 (b) that the effective execution of the warrant is not frustrated. 98. Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at the land or 15 premises when a search warrant is being executed, the inspector must-- (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and 20 (b) give to that person a copy of the execution copy of the warrant. Division 4--General 99. Power of inspector to require information or documents 25 (1) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of-- (a) investigating a gas incident; or (b) investigating an emergency where there is a 30 threat to the safety of persons or property arising from a situation relating to gas; or (c) determining compliance with a safety case. 62 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 100 Act No. (2) An inspector may require a person to give information to the inspector, to produce documents to the inspector and to give reasonable assistance to the inspector. 5 (3) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under sub-section (2). Penalty: In the case of a natural person, 200 penalty units; 10 In the case of a body corporate, 1000 penalty units. 100. Offence to give false information to inspector A person must not-- (a) give information to an inspector under this 15 Part that the person knows to be false or misleading in a material particular; or (b) produce a document to an inspector under this Part that the person knows to be false or misleading in a material particular without 20 indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: In the case of a natural person, 200 penalty units; 25 In the case of a body corporate, 1000 penalty units. 101. Copying of documents If a person produces a document to an inspector in accordance with a requirement under section 99, 30 the inspector may make copies of, or take extracts from, the document. 63 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 102 Act No. 102. Protection against self-incrimination A natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under 5 this Part if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person. 103. Offence to obstruct inspector A person must not without reasonable excuse 10 obstruct or hinder an inspector exercising functions under this Act. Penalty: In the case of a natural person, 300 penalty units or 3 years imprisonment or both; 15 In the case of a body corporate, 1500 penalty units. 104. Police to assist inspectors An inspector may request the assistance of a member of the police force and a member of the 20 police force may assist an inspector to take any action authorised by this Part. 105. Impersonation of inspector A person must not impersonate an inspector. Penalty: 100 penalty units. 25 _______________ 64 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 106 107 Act No. PART 6--ENFORCEMENT Division 1--Directions 106. Director may give directions (1) The Director may, in writing, direct any person-- 5 (a) to cease the supply of gas to a facility, gas installation or appliance; or (b) to make adjustments to the gas flow or to pressure in a pipeline; or (c) to disconnect a gas installation from the gas 10 supply-- if the Director considers that it is necessary to do so for safety reasons. (2) The Director may, in writing, direct a person-- (a) to cease to use a particular facility, gas 15 installation or appliance; or (b) to make safe a facility, gas installation or appliance; or (c) to do any other thing necessary to make an unsafe gas situation safe-- 20 if the Director considers that it is necessary to do so for safety reasons. (3) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 25 300 penalty units or 3 years imprisonment or both; In the case of a body corporate, 1500 penalty units. 107. Additional powers in emergencies 65 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Act No. (1) In addition to the powers under section 106, the Director may do anything or give any direction that the Director considers necessary to make a gas emergency situation safe. 5 (2) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 500 penalty units or 5 years imprisonment or both; 10 In the case of a body corporate, 2500 penalty units. 108. Defence to certain offences if complying with Director's directions It is a defence to a prosecution for a breach of an 15 accepted safety case if the person who breached the safety case acted in accordance with the direction of the Director under this Division. 109. Immunity from suit A person acting in good faith in the execution of 20 any direction under this Division is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of any thing done under the direction. 25 Division 2--Improvement and prohibition notices 110. Director or inspector may issue improvement notice (1) The Director or an inspector may issue an improvement notice to a person if the Director or inspector is of the opinion that the person-- 30 (a) is contravening any provision of this Act or the regulations; or 66 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 110 111 Act No. (b) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated. (2) The improvement notice may require the person to 5 whom it is issued to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention. (3) An improvement notice must-- 10 (a) state that the Director or inspector is of the opinion that the person-- (i) is contravening a provision of this Act or the regulations; or (ii) has contravened such a provision in 15 circumstances that make it likely that the contravention will be continued or repeated; and (b) state the reasons for that opinion; and (c) specify the provision of this Act or the 20 regulations in respect of which that opinion is held; and (d) specify the day (being a day more than 7 days after the day on which the notice is issued) before which the person is required 25 to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention. 111. Offence not to comply with improvement notice 67 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Act No. (1) A person to whom an improvement notice is issued must comply with the improvement notice. Penalty: In the case of a natural person, 80 penalty units; 5 In the case of a body corporate, 400 penalty units. (2) Sub-section (1) does not apply during any period that the operation of the improvement notice is stayed by the Gas Appeals Board. 10 112. Director or inspector may issue prohibition notice (1) If the Director or an inspector is of the opinion that at any place there is occurring or may occur any activity which involves or will involve immediate risk to the safe conveyance, sale, 15 supply, measurement, control or use of gas, the Director or inspector may issue a prohibition notice to the person who has or may be reasonably presumed to have control over the activity. (2) The prohibition notice may prohibit the carrying 20 on of the activity until the Director or an inspector certifies in writing that the matters which give or will give rise to the risk are remedied. (3) A prohibition notice must-- (a) state that the Director or inspector is of the 25 opinion that at the place there is occurring or may occur any activity which involves or will involve immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas; and 30 (b) state the reasons for that opinion; and (c) specify the activity which in the Director's or the inspector's opinion involves or will involve an immediate risk to the safe conveyance, sale, supply, measurement, 35 control or use of gas; and 68 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 113 Act No. (d) if in the Director's or the inspector's opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations, specify that provision 5 and state the reasons for that opinion. 113. Offence not to comply with prohibition notice (1) A person to whom a prohibition notice is issued must comply with the prohibition notice. Penalty: In the case of a natural person, 10 500 penalty units or 5 years imprisonment or both; In the case of a body corporate, 2500 penalty units. (2) Sub-section (1) does not apply during any period 15 that the operation of the prohibition notice is stayed by the Gas Appeals Board. 114. Notices may include directions (1) The Director or an inspector may include in an improvement notice or a prohibition notice 20 directions as to the measures to be taken to remedy any contravention, likely contravention, risk, matters or activities to which the notice relates. (2) A direction under sub-section (1) may offer the 25 person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, risk, matters or activities. Division 3--Other matters 69 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 115 116 Act No. 115. Offences by bodies corporate (1) If a body corporate commits an offence against this Act or the regulations, any officer of the body corporate who was in any way, by act or omission, 5 directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it. (2) A person may be proceeded against and convicted 10 under a provision in accordance with sub-section (1) whether or not the body corporate has been proceeded against or convicted under that provision. (3) Nothing in this section affects any liability 15 imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations. (4) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the 20 intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. (5) In sub-section (1), "officer", in relation to a body corporate, means-- 25 (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or 30 (c) a person concerned in the management of the body corporate. 116. Offences by partnerships or unincorporated associations 70 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Act No. If this Act or a regulation made under this Act provides that a person is guilty of an offence, that reference to a person must-- (a) in the case of a partnership, be read as a 5 reference to each member of the partnership; and (b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of 10 the body or association. 117. False or misleading information (1) A person must not give information that is false or misleading in a material particular to the Office or to an officer or employee of the Office in 15 connection with an application, notice or submission under this Act or the regulations. Penalty: In the case of a natural person, 100 penalty units; In the case of a body corporate, 20 500 penalty units. (2) In a proceeding for an offence against sub-section (1), it is a defence for the accused to prove that the accused believed on reasonable grounds-- (a) in the case of false information, that the 25 information was true; and (b) in the case of misleading information, that the information was not misleading. _______________ 71 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 118 Act No. PART 7--GENERAL 118. Regulations (1) The Governor in Council may make regulations for or with respect to-- 5 (a) the safe conveyance, sale, supply, measurement, control and use of gas; (b) prescribing the standards of quality of gas to be conveyed, supplied or sold and empowering the Office to exempt a gas 10 company from those standards in prescribed circumstances; (c) requiring the keeping of records of factors affecting gas quality; (d) tempered liquefied petroleum gas plants; 15 (e) the safe storage of gas in vessels which have an aggregate capacity not exceeding 500 litres and which are connected to a gas installation; (f) specifying the requirements and standards 20 with which a safety case must comply; (g) specifying procedures for acceptance and revision of safety cases; (h) requiring a safety case to nominate the persons who are to carry out gas work or a 25 class of gas work in any part of the facility or in relation to a gas installation to which the safety case applies; (i) requiring a safety case to nominate an independent auditor to monitor compliance 30 with a safety case; (j) providing for the keeping of records in relation to safety cases; 72 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 118 Act No. (k) empowering the Office to exempt a safety case from all or any of the requirements of the regulations made in relation to safety cases; 5 (l) the safety and acceptance of gas installations and appliances and the standards and requirements to apply to them, including standards determined by the Office; (m) prescribing or approving standards or 10 requirements for the quality and design of materials, fittings and apparatus to be used in or in connection with gas installations and the methods to be followed in carrying out gas installations; 15 (n) requiring gas installations to be kept in proper repair; (o) the safety and acceptance of gas installations, appliances and components; (p) regulating and requiring tests to be carried 20 out on appliances and gas installations before acceptance by the Office; (q) the information to be included in or to accompany an application for acceptance of an appliance or gas installation, including 25 details of tests; (r) regulating and requiring the fixing of compliance plates issued by the Office on gas installations, appliances and components; 30 (s) empowering an inspector to disconnect or order the disconnection of an appliance or gas installation from a gas supply; (t) the supply or sale or offer of supply or sale of appliances and components; 73 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 118 Act No. (u) prescribing the qualifications and experience required for persons engaged in upstream gas work and gasfitting work on Type B gas installations; 5 (v) notices to be given by persons proposing to carry out gas work and carrying out or completing the carrying out of any gas work; (w) the testing of gas by the Office or an authorised officer of a gas company to 10 ensure compliance with the prescribed standards and requirements, including-- (i) prescribing the apparatus with which and the methods by which tests are to be made for testing the quality of gas 15 and the methods of recording those tests; (ii) prescribing the method and frequency of checking the accuracy of that apparatus; 20 (iii) prescribing the places and times at which tests must be made; (iv) requiring a gas company or an authorised officer of a gas company to certify that the tests have been carried 25 out in accordance with the regulations; (x) the methods of recording the measurement of gas; (y) requiring or regulating the reporting of gas incidents to the Office or a gas company; 30 (z) the proceedings of the Gas Appeals Board and the procedure for appeals to that Board; (aa) fixing fees and charges in respect of any function or service carried out by the Office including-- 74 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 118 Act No. (i) fees for the submission of safety cases with the Office; (ii) fees for the validation of safety cases by the Office; 5 (iii) annual fees in relation to safety cases; (iv) fees for any other application made to or documents submitted to the Office under this Act or the regulations; (bb) fixing fees for appeals to the Gas Appeals 10 Board; (cc) empowering the Office to waive or rebate the payment of a fee in specified circumstances; (dd) prescribing penalties not exceeding 20 15 penalty units for breaches of the regulations; (ee) prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect. 20 (2) Regulations made under this Act may be made-- (a) so as to apply-- (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; 25 (b) so as to require a matter affected by the regulations to be-- (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a 30 specified person or body; (c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, 75 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 118 Act No. the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether-- 5 (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as amended from time to time; 10 (d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body; (e) so as to provide, in a specified case or class of cases for the exemption of persons or 15 things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified. 20 _______________ 76 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 119 Act No. PART 8--REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONAL PROVISIONS Division 1--Repeals and consequential amendments 119. Repeal of certain provisions of the Gas Industry Act 5 1994 (1) In section 3 of the Gas Industry Act 1994, the definitions of "gas incident", "inspector" and "Office" are repealed. (2) Section 46 of the Gas Industry Act 1994 is 10 repealed. (3) In section 102(1) of the Gas Industry Act 1994, paragraphs (a), (b), (d), (e), (f), (fb), (fc), (fd) and (fe) are repealed. (4) Section 105 of the Gas Industry Act 1994 is 15 repealed. (5) Part 14 of the Gas Industry Act 1994 is repealed. 120. Amendment of Dangerous Goods Act 1985 In section 9(e) of Dangerous Goods Act 1985 20 after "applies" (where secondly occurring) insert "or the conveyance of gas to which the Gas Safety Act 1997 applies". 121. Amendment of Building Act 1993 (1) In section 221B of the Building Act 1993, in the 25 definition of "plumbing laws" for "Gas Industry Act 1994" substitute "Gas Safety Act 1997". (2) In section 221E of the Building Act 1993 after sub-section (2) insert-- "(3) Despite sub-section (1) a person who is 30 authorised under an accepted safety case under the Gas Safety Act 1997 and 77 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 121 Act No. registered under section 221R to carry out a particular class or type of gasfitting work for which a compliance certificate is required may carry out that work without being 5 licensed by the Board.". (3) At the end of section 221F of the Building Act 1993 insert-- "(2) Despite sub-section (1) a person who is authorised under an accepted safety case 10 under the Gas Safety Act 1997 and registered under section 221R to carry out a particular class or type of gasfitting work which is specialised plumbing work may carry out that work without being licensed 15 by the Board to carry out that class or type of work.". (4) In section 221R(1) of the Building Act 1993 for paragraph (b) substitute-- "(b) it is satisfied that the person-- 20 (i) has sufficient knowledge and experience to carry out that work competently and safely; or (ii) is authorised under an accepted safety case under the Gas Safety Act 1997 to 25 carry out that work.". (5) In section 221ZG of the Building Act 1993 for "regulations made under the Gas Industry Act 1994" substitute "Gas Safety Act 1997". (6) In sections 221ZZM, 221ZZT(1)(c) and 30 221ZZU(2) of the Building Act 1993 for "Gas Industry Act 1994" substitute "Gas Safety Act 1997". (7) In section 221ZW of the Building Act 1993, after sub-section (10) insert-- 78 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 122 124 Act No. "(11) If the rectification notice relates to gasfitting work, the inspector or auditor must give a copy of the rectification notice to the relevant gas distribution company.". 5 (8) In section 221ZZB of the Building Act 1993, after sub-section (3) insert-- "(4) If the order relates to gasfitting work, the plumbing inspector must give a copy of the order to the relevant gas distribution 10 company.". (9) In section 221ZZF of the Building Act 1993, after sub-section (5) insert-- "(6) If the order relates to gasfitting work, the plumbing inspector must give a copy of the 15 order to the relevant gas distribution company.". 122. Amendment of Borrowing and Investment Powers Act 1987 In Schedule 1 to the Borrowing and Investment 20 Powers Act 1987, after item 9A insert-- "9B Office of Gas Safety 5, 8, 10, 11, 11AA, 12, 14, 15, 20, 20A and 21". Division 2--Transitional provisions 25 123. Transitional provision--Office of Gas Safety The Office of Gas Safety established by this Act continues to be the same body as that established under section 116 of the Gas Industry Act 1994. 124. Transitional provisions--gas installations 79 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Act No. (1) Sections 34(2), 73 and 74 do not apply to a gas installation existing at the date of commencement of this section. (2) Sub-section (1) ceases to apply to a gas 5 installation if a modification is made to the gas installation on or after the commencement of this section, other than a modification associated with the repair or maintenance of the gas installation. (3) Subject to sub-section (2), sub-section (1) ceases 10 to apply to a liquefied petroleum gas installation at the end of 5 years after the commencement of this section. 125. Transitional provisions--existing gas installation work 15 (1) In this section "old regulations" means the Gas and Fuel Corporation (Gas Installation) Regulations 1992. (2) On the commencement of this section-- (a) a notice of compliance sent under regulation 20 19(2) of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance under section 73 25 in respect of that gas installation; (b) an acceptance under the old regulations before that commencement of a notice of compliance in respect of a gas installation is deemed to be an acceptance of the gas 30 installation under section 73; (c) a submission sent under regulation 21 of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be 80 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 s. 126 Act No. an application for acceptance made under section 73 in respect of that gas installation; (d) an acceptance under regulation 21 of the old regulations before that commencement of a 5 submission in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73. 126. Transitional provision--appliances An appliance which was approved under an 10 approval scheme of the Australian Gas Association A.C.N. 004 206 044 before the commencement of this section and was still approved at that commencement is deemed on that commencement to be accepted under an 15 acceptance scheme declared under section 68. _______________ 81 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Sch. 1 Act No. SCHEDULE 1 MEMBERSHIP AND PROCEDURE OF GAS APPEALS BOARD PART 1--MEMBERSHIP 5 1. Term of Appointment (1) Subject to this clause, a member of the Gas Appeals Board holds office for a period, not exceeding 3 years, specified in the instrument of his or her appointment. (2) A member of the Gas Appeals Board is eligible for re- 10 appointment. (3) The instrument of appointment of a member of the Gas Appeals Board may specify terms and conditions of appointment not inconsistent with this Act or the regulations. 15 (4) The Governor in Council may at any time remove a member of the Gas Appeals Board from office. 2. Remuneration and allowances A member of the Gas Appeals Board (including the chairperson) who is not a member of the public service or 20 the holder of a full-time statutory office is entitled to receive-- (a) remuneration; and (b) travelling or other allowances-- from time to time fixed by the Minister in respect of that 25 member. 3. Vacancies (1) A member of the Gas Appeals Board may resign from membership by letter signed by the member and delivered to the Minister. 30 (2) The office of a member of the Gas Appeals Board becomes vacant if the member-- (a) becomes bankrupt; or (b) is convicted in Victoria of an offence punishable on first conviction with imprisonment for a term of 12 82 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Sch. 1 Act No. months or more or is elsewhere convicted of an offence which, if committed in Victoria, would be so punishable. 4. Application of Public Sector Management Act 5 A member of the Gas Appeals Board, in respect of the office of member, is not subject to the Public Sector Management Act 1992. 5. Decisions not affected by certain matters An act or decision of the Gas Appeals Board is not invalid 10 only because-- (a) of a defect or irregularity in the appointment of a member; or (b) of a vacancy in its membership. PART 2--PROCEDURE 15 6. Gas Appeals Board to sit in panels (1) For the purposes of performing any of its functions, the Gas Appeals Board may be constituted by a panel of 3 of its members. (2) The chairperson of the Gas Appeals Board may determine 20 which of its members are to constitute a panel for an appeal. (3) If a panel includes the chairperson of the Gas Appeals Board, he or she is the chairperson of the panel. (4) If a panel does not include the chairperson of the Gas Appeals Board, the members of the panel may elect the 25 chairperson of the panel. (5) If, after an appeal has commenced before a panel, a member of the panel becomes unavailable-- (a) if the parties to the appeal agree, the appeal may be continued and completed before the remaining 30 members of the panel; and (b) if the member who is unavailable is the chairperson of the panel another chairperson of the panel must be chosen in accordance with this clause. (6) If the parties do not agree to continue an appeal under sub- 35 clause (5) the chairperson of the Gas Appeals Board must arrange for the matter to be reconsidered by another panel, 83 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Sch. 1 Act No. and that other panel may have regard to the earlier appeal proceedings. 7. How to commence a proceeding (1) A person may commence an appeal before the Gas Appeals 5 Board by serving a notice of appeal on the Board. (2) The notice of appeal-- (a) must specify-- (i) the nature of the appeal; and (ii) the grounds for the appeal; and 10 (iii) the relief sought; and (b) must be in accordance with the regulations (if any); and (c) must be accompanied by the relevant prescribed fee. (3) The person who serves a notice of appeal must without 15 delay serve a copy of that notice on the Office. 8. Parties to a proceeding A person who, under clause 7, is entitled to be served with a copy of a notice of appeal is a party to that appeal. 9. Conducting a proceeding 20 (1) The Gas Appeals Board must give the parties to the appeal reasonable opportunity to make-- (a) oral or written submissions at a hearing; or (b) written submissions in the case of a proceeding that is not a hearing. 25 (2) Sections 14, 15, 16 and 21A of the Evidence Act 1958 apply to the Gas Appeals Board in relation to a proceeding as if the Board were a Board appointed by the Governor in Council. (3) The Gas Appeals Board-- 30 (a) may proceed by accepting written submissions or by conducting a hearing; and (b) may inform itself in any manner it thinks fits; and (c) is bound by the rules of natural justice; and (d) is not bound by any rule or practice as to evidence; 35 and 84 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Sch. 1 Act No. (e) may conduct an appeal in private if it considers it in the public interest or the interest of justice to do so, but must otherwise hold its hearing in public; and (f) must proceed with as little formality and technicality 5 and with as much expedition as the requirements of this Act and the regulations and the proper consideration of the matter before it permit; and (g) may proceed with the hearing in the absence of a party to the appeal if it is satisfied that the party has 10 been given reasonable notice of the date, time and place of the hearing; and (h) may at any time adjourn the appeal; and (i) may deal with appeals or classes of appeals together if it is satisfied that they relate to the same parties or the 15 same or related subject-matter; and (j) may seek the independent advice of a person to assist it in dealing with the appeal. (4) A party to an appeal may appear at a hearing before the Gas Appeals Board or do anything else in relation to an appeal 20 before that Board either personally or through an agent. (5) The Gas Appeals Board must disclose to each party to an appeal any advice it receives under sub-clause (3)(j) and give each party a reasonable opportunity to make submissions about that advice before determining the 25 appeal. 10. Appeal may be dismissed if frivolous or vexatious The Gas Appeals Board may dismiss an appeal if it considers that the appeal is vexatious or frivolous. 11. Determinations and reasons 30 (1) A determination of the Gas Appeals Board must be in writing. (2) The determination may include any order as to costs that the Gas Appeals Board, on the application of a party to the appeal, considers is just. 35 (3) The determination may include any other incidental order or direction that the Gas Appeals Board considers is necessary. (4) The Gas Appeals Board must without delay cause a copy of its determination in any appeal to be served on each party to the appeal. 85 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Sch. 1 Act No. (5) Within one month after being served with a copy of the Gas Appeals Board's determination, or within any further time allowed by the Board, a party to an appeal may request the Board to give to the party written reasons for its 5 determination. (6) The Gas Appeals Board must comply with a request received under sub-clause (5) without delay after receiving it. (7) The Gas Appeals Board may make public any of its 10 determinations in any manner it thinks fit. (8) The Gas Appeals Board is not bound by its earlier determinations. 12. Costs Unless the Gas Appeals Board otherwise determines, a party 15 to an appeal before the Board must bear his, her or its own costs. 13. Correction of errors (1) On its own initiative or at the request of a party to a proceeding, the Gas Appeals Board may make a 20 determination correcting an earlier determination in which there is-- (a) a clerical error or accidental slip or omission; or (b) an evident material miscalculation of figures; or (c) an evident material mistake in the description of a 25 person, property or thing. (2) The powers of the Gas Appeals Board under sub-clause (1) may also be exercised on behalf of the Board by-- (a) the chairperson of a panel; or (b) the chairperson of the Gas Appeals Board, if the 30 relevant panel or the chairperson of the panel is unavailable. 14. Enforcement of determination A determination of the Gas Appeals Board may be enforced as if it were a judgment or order of a court of competent 35 jurisdiction. 15. Register 86 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Act No. The Registrar of the Gas Appeals Board must keep a Register of proceedings and determinations of the Board. 16. Authentication of documents (1) A document required or authorised to be prepared by the 5 Gas Appeals Board must be taken to be authenticated by that Board if it is signed by the Registrar of the Gas Appeals Board and either the chairperson of the panel or the chairperson of the Gas Appeals Board. (2) The production of a document purporting to be a copy of a 10 record of an act or decision of the Gas Appeals Board and purporting to be signed by the Registrar is evidence and, in the absence of evidence to the contrary, is proof that a decision in those terms was duly made by the Board or that the stated act was duly done by the Board. 15 87 531143B.I1-28/10/97

 


 

Gas Safety Act 1997 Notes Act No. NOTES By Authority. Government Printer for the State of Victoria. 88 531143B.I1-28/10/97

 


 

 


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