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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Gas and Electricity Safety Legislation
Amendment Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electricity Act 1945 amended
3. The Act amended by this Part 3
4. Part III repealed 3
Part 3 -- Energy Coordination Act 1994
amended
5. The Act amended by this Part 4
6. Section 3 amended 4
7. Section 7 amended 5
8. Section 12 amended 6
9. Section 14 amended 6
10. Sections 18A to 18C inserted 7
11. Section 19 amended 12
12. Sections 19A and 19B inserted 12
13. Section 20 amended 16
14. Sections 24B and 24C inserted 17
15. Section 26 amended 18
Part 4 -- Gas Standards Act 1972
amended
16. The Act amended by this Part 20
17. Section 4 amended 20
18. Section 8 amended 21
19. Section 10 amended 21
221--1 page i
Gas and Electricity Safety Legislation Amendment Bill 2003
Contents
20. Section 12 repealed 21
21. Section 13 replaced 21
22. Section 13D replaced 22
23. Section 13E amended 23
24. Section 13F amended 24
25. Section 13G amended 24
26. Section 13H amended 24
27. Sections 13I to 13N inserted 24
28. Section 14 amended 33
29. Section 15 amended 33
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Gas and Electricity Safety Legislation
Amendment Bill 2003
A Bill for
An Act to amend --
• the Electricity Act 1945;
• the Energy Coordination Act 1994; and
• the Gas Standards Act 1972.
The Parliament of Western Australia enacts as follows:
page 1
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Gas and Electricity Safety
Legislation Amendment Act 2003.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Gas and Electricity Safety Legislation Amendment Bill 2003
Electricity Act 1945 amended Part 2
s. 3
Part 2 -- Electricity Act 1945 amended
3. The Act amended by this Part
The amendment in this Part is to the Electricity Act 1945*.
[* Reprint 5 as at 6 June 2003.]
5 4. Part III repealed
Part III is repealed.
page 3
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 5
Part 3 -- Energy Coordination Act 1994 amended
5. The Act amended by this Part
The amendments in this Part are to the Energy Coordination
Act 1994*.
5 [* Reprinted as at 5 May 2000.
For subsequent amendments see Act No. 10 of 2001.]
6. Section 3 amended
(1) Section 3 is amended by inserting, in the appropriate
alphabetical positions, the following definitions --
10 "
"commercial information" means --
(a) any knowledge or information relating to
technology, marketing or energy used in a
person's business and that might reasonably
15 be expected adversely to affect the business
or interests of that person if disclosed to
another person; or
(b) other information that has commercial value;
"component" means a component of a distribution
20 system or distribution or transmission works;
"distribution works" has the same meaning as it has
in the Electricity Act 1945;
"network operator" means --
(a) in relation to gas --
25 (i) the holder of a distribution licence for a
distribution system and includes a
person who operates the system on
behalf of that holder; and
page 4
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 7
(ii) a person granted an exemption under
section 11H from holding a distribution
licence for a distribution system and
includes a person who operates the
5 system on behalf of that person;
or
(b) in relation to electricity --
(i) a supply authority and for the purposes
of this Act includes Western Power
10 Corporation; and
(ii) any other person lawfully operating
transmission or distribution works;
"supply authority" has the same meaning as it has in
the Electricity Act 1945;
15 "transmission works" has the same meaning as it has
in the Electricity Act 1945;
"Western Power Corporation" has the same meaning
as it has in the Electricity Act 1945.
".
20 (2) Section 3 is amended by deleting the full stop after the
definition of "trading licence" and inserting a semicolon instead.
7. Section 7 amended
Section 7(a) is amended by inserting after subparagraph (i) the
following subparagraph --
25 "
(ia) this Act;
".
page 5
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 8
8. Section 12 amended
Section 12(2) is repealed and the following subsection is
inserted instead --
"
5 (2) The Director may designate persons to be inspectors
for the purposes of --
(a) this Act;
(b) the Electricity Act 1945; or
(c) the Gas Standards Act 1972,
10 or all or any of those Acts.
".
9. Section 14 amended
Section 14 is amended as follows:
(a) in paragraph (a), by deleting "apparatus or installation
15 used for any of those purposes is or may be situated"
and inserting instead --
"
installation, component or activity used or
undertaken for any of those purposes is or may
20 be situated or undertaken
";
(b) in paragraph (c), by deleting "apparatus or installation
used or intended to be used" and inserting instead --
"
25 installation, component or activity used or
undertaken or intended to be used or
undertaken
";
(c) in subparagraph (d)(iii), by deleting "apparatus or
30 installation" and inserting instead --
" installation, component or activity ".
page 6
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 10
10. Sections 18A to 18C inserted
After section 18 the following sections are inserted --
"
18A. Orders as to dangerous things in relation to
5 electricity or gas
(1) If an inspector is of the opinion, having inspected any
thing in relation to electricity or gas which that
inspector is authorised to inspect, that --
(a) the thing is dangerous; or
10 (b) the thing has been rendered dangerous, having
regard to its actual or possible use, by --
(i) the introduction of any other object into
the proximity of that thing;
(ii) the use of any other object in
15 conjunction with or in relation to that
thing; or
(iii) any other circumstance,
the inspector may make an order under subsection (2).
(2) An inspector may by order, in writing, specifying the
20 reason for the opinion referred to in subsection (1),
require --
(a) the person who has apparently caused the
danger;
(b) the person who has apparent control of the
25 thing; or
(c) the person who is responsible under a written
law for the control of the thing,
to take immediate steps to remove or mitigate the
danger in such manner, if any, as the order may
30 specify.
page 7
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 10
(3) If the inspector is of the further opinion that any
immediate steps taken or to be taken under an order
made under subsection (2) may not remove the danger,
or are in the nature of a temporary expedient, the
5 inspector may make an order under subsection (4).
(4) The inspector may by order, in writing, specifying the
reason for the opinion referred to in subsection (3),
require --
(a) the person having apparent control of the thing;
10 (b) the person who is responsible under a written
law for the control of the thing;
(c) the person having apparent control of an object,
specified in the order, which may render the
thing dangerous; or
15 (d) the person who is responsible for the
circumstances, specified in the order, which
may render the thing dangerous,
to --
(e) modify, dismantle or remove the thing giving
20 rise to the danger;
(f) deal with or remove a specified object the
introduction of which may render the thing
dangerous; or
(g) deal with or remove the specified
25 circumstances which may render that thing
dangerous,
within a period of not less than 28 days specified in the
order and in such manner, if any, as the order may
specify.
page 8
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 10
18B. Orders as to unsafe work practices in relation to
electricity or gas
(1) If an inspector is of the opinion on reasonable grounds
that any work practice related to safety used in, or in
5 relation to, the construction, repair, maintenance or
operation of any thing the inspector is authorised to
inspect may give rise to any danger from electricity or
gas or does not conform with any Act to which the
inspector's powers extend the inspector may make an
10 order under subsection (2).
(2) The inspector may, by order in writing, require the
person appearing to be responsible for the carrying out
of the work practice --
(a) to modify that work practice, in such manner, if
15 any, as the order may specify, within a period
of not less than 28 days specified in the order;
and
(b) meanwhile, to carry out the work practice in
accordance with any condition, restriction or
20 limitation specified in the order until the
modification required under paragraph (a) has
taken effect,
or may prohibit the carrying out of the work practice
absolutely.
25 (3) An order under subsection (2) is to specify the work
practice in question and the reason why it is unsafe or
does not comply with the relevant Act.
18C. Orders as to distribution systems or distribution or
transmission works
30 (1) If an inspector is of the opinion that a component that
the inspector is authorised to inspect --
(a) does not conform with any Act to which his or
her powers extend; or
page 9
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 10
(b) is unsafe,
the inspector may make an order under subsection (2).
(2) The inspector may, by order in writing served on the
network operator of the distribution system or
5 distribution or transmission works, require work to be
done, or other measures to be taken, by the network
operator within the period specified in the order to
ensure that each component specified in the order
conforms with the relevant Act or is rendered safe.
10 (3) In making an order under subsection (2), the inspector
may extend the scope and operation of the order to
other components that are similar to a component that
has been inspected under section 14 either generally or
in relation to a specified type of component.
15 (4) Subsection (3) does not apply unless the Director
approves of the terms of the order before it is made.
(5) Before the Director approves the terms of the order, the
Director must --
(a) consult with the relevant network operator; and
20 (b) consider the effect of the terms of the order on
work or other measures being undertaken or
proposed to be undertaken by the network
operator on the distribution system or
distribution or transmission works.
25 (6) An order under subsection (3) is not to be served on the
network operator unless --
(a) the inspector has given the network operator an
opportunity to assess the extent to which the
other components of the distribution system or
30 distribution or transmission works conform
with the relevant Act or need to be rendered
safe;
page 10
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 10
(b) the inspector has made a reasonable effort to
consult with the network operator about means
of ensuring that the component or type of
component conforms with the relevant Act or is
5 rendered safe; and
(c) the inspector and the network operator cannot
within a reasonable time reach an agreement in
writing on --
(i) the work to be done, or other measures
10 to be taken, to ensure that the
component or type of component
conforms with the relevant Act or is
rendered safe; and
(ii) the time within which the work is to be
15 done or the measures are to be taken.
(7) If the inspector and the network operator reach an
agreement of the kind described in subsection (6)(c),
the agreement does not take effect until it is approved
by the Director.
20 (8) If the Director approves an agreement between an
inspector and the network operator on --
(a) the work to be done, or other measures to be
taken, to ensure that the component or type of
component conforms with the relevant Act or is
25 rendered safe; and
(b) the time within which the work is to be done or
the measures are to be taken,
the network operator must carry out that work or take
those measures in the agreed time or within such
30 further time as the Director may specify.
(9) If a network operator does not carry out the work or
take the measures referred to in subsection (8) in the
agreed time or within such further time as the Director
page 11
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 11
may specify, the inspector may, by order in writing
served on the network operator, require the work to be
done or the measures taken, by the network operator
within the period specified in the order.
5 ".
11. Section 19 amended
Section 19(1) is amended by inserting after "section 18" --
" , 18A(2) or (4) or 18B(2) ".
12. Sections 19A and 19B inserted
10 After section 19 the following sections are inserted --
"
19A. Review of certain orders of inspectors on the
application of a network operator
(1) A network operator who is aggrieved by an order under
15 section 18A(2) or (4), 18B(2), or 18C(2), or an order
extended by an inspector under section 18C(3) may
apply in writing to the Director for a review of the
decision.
(2) The application is to be made within 14 days after the
20 applicant receives notice of the order or within such
further period as the Director in a particular case
allows.
(3) The Director must give the applicant a reasonable
opportunity to make submissions in relation to the
25 application.
(4) An application stays the operation of an order until the
review is completed unless the Director determines on
the ground of safety that the operation of the order is
not affected by the application.
page 12
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 12
(5) The Director, after considering submissions (if any)
made under subsection (3), may determine the
application by --
(a) confirming the order;
5 (b) varying the order; or
(c) reversing the order.
(6) The Director must give the applicant written notice of
his or her determination and the reasons for the
determination.
10 (7) Subject to subsection (8), the Director may publicise
his or her determination and any submission made
under subsection (3) in such manner as the Director
thinks fit.
(8) If --
15 (a) a submission contains a statement that
information provided in and identified in the
submission is commercial information relating
to the applicant or another person; and
(b) the Director is satisfied that the information is
20 commercial information relating to the
applicant or another person,
the Director is not to publicise the determination or
submission in such a manner as to disclose that
information unless the Director is of the opinion that
25 the disclosure of the information would not be unduly
harmful to the legitimate business interests of the
applicant or the other person, as the case may be.
page 13
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 12
19B. Appeal from determinations of Director in relation
to orders by inspectors against a network operator
(1) In this section --
"decision" means --
5 (a) a determination of the Director under
section 19A(5); or
(b) a refusal of the Director to approve an
agreement reached under section 18C(6).
(2) A network operator aggrieved by a decision may --
10 (a) if a question of law is involved, appeal to the
District Court in the manner prescribed by rules
of court; or
(b) in any other case, appeal in the prescribed
manner to a technical review panel appointed
15 under the regulations.
(3) The District Court has jurisdiction to hear and
determine an appeal made under subsection (2)(a) and
on hearing an appeal, may, according to the nature of
the case do any of the following --
20 (a) confirm, reverse or vary the decision;
(b) remit the subject matter of the appeal to the
Director for further consideration;
(c) make any further order, as to costs or
otherwise, as it thinks fit.
25 (4) On an appeal made under subsection (2)(b) the
technical review panel may confirm, reverse or vary
the decision and the decision of the technical review
panel is final.
(5) If an appeal has been made under subsection (2) in
30 relation to a decision, the District Court or the technical
review panel, as the case may be --
page 14
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 12
(a) may suspend the operation of the decision until
the determination of the appeal; and
(b) may revoke any suspension under
paragraph (a).
5 (6) A decision is not to be suspended under
subsection (5)(a) if failure to comply with the decision
would endanger the safety of a person or result in a risk
of damage to property.
(7) Subject to subsections (8) and (9), the Director may
10 publicise --
(a) any submission made to the technical review
panel by a party to an appeal; and
(b) the technical review panel's decision on an
appeal,
15 in such manner as the Director thinks fit and, for that
purpose, the panel is to make submissions made to it
and its decision available to the Director.
(8) Before the Director publicises a submission or decision
containing commercial information relating to the
20 appellant or another party to the appeal, the Director
must consult with the appellant or the other party.
(9) If a submission or a decision contains commercial
information, the Director may publicise the submission
or decision in such a manner as the Director thinks fit
25 so as to avoid the disclosure of commercial information
relating to the appellant or the other party.
(10) If the technical review panel confirms a decision under
subsection (4), the appellant is liable to pay the
reasonable costs of the review.
30 (11) Any costs payable by the appellant under
subsection (10) are recoverable by the Director in a
page 15
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 13
court of competent jurisdiction as a debt due to the
State.
".
13. Section 20 amended
5 (1) Section 20(1) is amended as follows:
(a) by deleting "$5 000" and inserting instead --
" $10 000 ";
(b) by deleting "$20 000" and inserting instead --
" $100 000 ".
10 (2) Section 20(2) is amended as follows:
(a) by deleting "$5 000" and inserting instead --
" $10 000 ";
(b) by deleting "$20 000" and inserting instead --
" $100 000 ".
15 (3) Section 20(3) is amended as follows:
(a) by deleting "$5 000" and inserting instead --
" $10 000 ";
(b) by deleting "$20 000" and inserting instead --
" $100 000 ".
20 (4) Section 20(4) is amended as follows:
(a) by inserting after "section 18" --
" , 18A, 18B, or 18C ";
(b) by deleting "$5 000" and inserting instead --
" $10 000 ";
25 (c) by deleting "$20 000" and inserting instead --
" $100 000 ".
page 16
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 14
14. Sections 24B and 24C inserted
After section 24A the following sections are inserted --
"
24B. Disclosure of information for promotion of safety
5 and compliance purposes
(1) Without limiting section 24(1)(b) but subject to
subsection (2), information obtained in the course of a
duty relating to inspection for compliance or safety
purposes may be recorded, disclosed and used by, or
10 with the approval of, the Director for the purposes
of --
(a) increasing public awareness of any matter to do
with safety related to the use of energy; and
(b) increasing levels of compliance with the
15 Electricity Act 1945 and the Gas Standards
Act 1972.
(2) The Director is not to record, disclose or use
information, or approve of information being recorded,
disclosed or used for a purpose described in
20 subsection (1)(a) or (b) unless --
(a) in the case of commercial information or
information that is confidential, the Director
has consulted any person he or she believes
may be affected by the recording, disclosure or
25 use; and
(b) in any case, the Director is of the opinion that
the public benefit from the recording,
disclosure or use will outweigh any detriment
that may be caused to any person, and that there
30 is no other way to achieve the purposes
described in subsection (1)(a) and (b).
page 17
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 3 Energy Coordination Act 1994 amended
s. 15
24C. Gas supply emergency plans
(1) The holder of a pipeline licence under the Petroleum
Pipelines Act 1969 to convey a gaseous petroleum to a
distribution system or a network operator must, if the
5 regulations so require, have a supply system
emergency management plan (an "emergency plan").
(2) Without limiting section 26(1), the regulations may
provide for --
(a) the preparation and content of emergency
10 plans;
(b) the submission of emergency plans for
assessment and review by the Director;
(c) how emergency plans are to have effect and be
complied with; and
15 (d) the exemption of persons from the requirement
to have an emergency plan if the person has an
emergency plan under another written law
specified in the regulations.
".
20 15. Section 26 amended
After section 26(2) the following subsection is inserted --
"
(2a) Without limiting the generality of subsection (1), the
regulations may --
25 (a) provide for the convening of a technical review
panel of independent professional engineers;
(b) provide for the procedure to be followed on a
review by a technical review panel and the
period of time within which a review is to be
30 completed;
page 18
Gas and Electricity Safety Legislation Amendment Bill 2003
Energy Coordination Act 1994 amended Part 3
s. 15
(c) provide for the payment of remuneration to
members of a technical review panel.
".
page 19
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 16
Part 4 -- Gas Standards Act 1972 amended
16. The Act amended by this Part
The amendments in this Part are to the Gas Standards
Act 1972*.
5 [* Reprinted as at 7 July 2000.]
17. Section 4 amended
Section 4 is amended as follows:
(a) by inserting, in the appropriate alphabetical positions,
the following definitions --
10 "
"commercial information" means --
(a) any knowledge or information relating to
technology, marketing or energy used in a
person's business and that might reasonably
15 be expected adversely to affect the business
or interests of that person if disclosed to
another person; or
(b) other information that has commercial value;
"Type A gas appliance" means a gas appliance of a
20 prescribed class or type;
"Type B gas appliance" means a gas appliance that
has a maximum hourly input rate exceeding
10 megajoules that is neither a Type A gas
appliance nor a gas-fuelled engine that --
25 (a) is mounted in or on any vehicle, craft or
portable appliance; and
(b) is supplied by fuel from a cylinder or tank
mounted on or in the vehicle, craft or
portable appliance;
30 ";
page 20
Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 18
(b) by deleting the definition of "section".
18. Section 8 amended
(1) Section 8(1) is amended by deleting "$5 000" and inserting
instead --
5 " $100 000 ".
(2) Section 8(6) is amended as follows:
(a) by deleting "$4 000" and inserting instead --
" $40 000 ";
(b) by deleting "$10 000" and inserting instead --
10 " $100 000 ".
(3) Section 8(8) is amended as follows:
(a) by deleting "$2 000" and inserting instead --
" $20 000 ";
(b) by deleting "$5 000" and inserting instead --
15 " $100 000 ".
19. Section 10 amended
Section 10(4) is amended by deleting "$5 000" and inserting
instead --
" $100 000 ".
20 20. Section 12 repealed
Section 12 is repealed.
21. Section 13 replaced
Section 13 is repealed and the following section is inserted
instead --
page 21
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 22
"
13. Consumers' installations
(1) An undertaker or a pipeline licensee may commence to
supply gas to a consumer's gas installation if, and only
5 if --
(a) the installation has been inspected and complies
with the requirements, if any, prescribed in
respect of that installation; or
(b) the undertaker or the pipeline licensee has an
10 Inspection Policy Statement and Plan approved
by the Director under section 13J and the
installation has been inspected in accordance
with that plan and complies with the
requirements, if any, prescribed in respect of
15 that installation.
Penalty: $100 000.
(2) In proceedings for an offence against subsection (1)(b)
it is a defence for the defendant to show that an
inspection was carried out after the gas was supplied to
20 the consumer's gas installation under section 13K(2).
".
22. Section 13D replaced
Section 13D is repealed and the following section is inserted
instead --
25 "
13D. Approval of gas appliances
(1) A person shall not sell, hire, advertise for sale or install
a Type A gas appliance unless the appliance --
(a) is a gas appliance that is approved by the
30 Director or is of a class or type of gas appliance
that is approved by the Director; and
page 22
Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 23
(b) is marked, stamped or labelled in the manner
approved by the Director.
Penalty: $100 000.
(2) A consumer shall not use a Type B gas appliance
5 unless the appliance --
(a) has been approved by the Director; and
(b) is marked, stamped or labelled in the manner
approved by the Director.
Penalty: $100 000.
10 (3) The Director may by instrument in writing delegate to
an inspector the power to give approval for the
purposes of subsection (1)(a) or (2)(a).
".
23. Section 13E amended
15 (1) Section 13E(1) is amended by inserting after "gas appliance" --
" or class or type of gas appliance ".
(2) After section 13E(3) the following subsection is inserted --
"
(3a) The Director may refuse to approve of an application in
20 respect of --
(a) a Type A gas appliance;
(b) a class or type of Type A gas appliance;
(c) a Type B gas appliance; or
(d) a class or type of Type B gas appliance,
25 if the Director is satisfied that the appliance or class or
type of appliance does not comply with --
(e) a standard or requirement specified by the
Director by notice published in the Gazette; or
page 23
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 24
(f) a prescribed standard or requirement.
".
(3) Section 13E(7) is amended by deleting "$2 000 or imprisonment
for 6 months or both" and inserting instead --
5 " $100 000 ".
24. Section 13F amended
Section 13F(3) is amended by deleting "$2 000 or imprisonment
for 6 months or both" and inserting instead --
" $20 000 ".
10 25. Section 13G amended
(1) Section 13G(1) is amended by deleting "gas appliances or".
(2) Section 13G(2) is amended by deleting "any gas appliance or".
26. Section 13H amended
Section 13H(4) is amended by deleting "$2 000 or
15 imprisonment for 6 months or both" and inserting instead --
" $100 000 ".
27. Sections 13I to 13N inserted
After section 13H the following sections are inserted --
"
20 13I. Guidelines for gasfitting work
(1) In this section --
"gasfitting work" means an operation, or a work or a
process on or in relation to a gas installation,
whether of an undertaker, a pipeline licensee or a
25 consumer.
(2) The Director may from time to time formulate and
publish guidelines that are not mandatory for safe
page 24
Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 27
practices and technical standards in relation to
gasfitting work.
(3) Before completing the formulation of guidelines the
Director must consult interested groups and persons in
5 relation to the proposed guidelines to such an extent as
the Director considers appropriate.
(4) Guidelines under subsection (2) may specify --
(a) standards to be observed, practices and
procedures to be followed, and measures to be
10 taken with respect to gasfitting work; or
(b) practices and procedures to be followed, and
measures to be taken, to promote the safety of
the public and persons engaged in gasfitting
work.
15 (5) Guidelines under subsection (2) may incorporate or
adopt guidelines, standards, or codes of practice made,
formulated, published or issued under any law of
another State or the Commonwealth, or by Standards
Australia, the Australian Gas Association or any other
20 body with such variations and modifications, if any, as
the Director specifies.
13J. Inspection Policy Statement and Plan
(1) An undertaker or pipeline licensee may prepare and
submit an Inspection Policy Statement and Plan (the
25 "Plan") to the Director for the purpose of --
(a) ensuring the safety of a consumer's gas
installations and gas appliances; and
(b) monitoring the work of those who carry out any
operation, work or process of the nature of
30 gasfitting on the gas installation of a consumer
supplied with gas ("gasfitters") from the
undertaker or pipeline licensee's distribution
system, cylinders, tanks, gas plant or pipeline.
page 25
Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 27
(2) The Plan is to --
(a) relate to work on all types of consumers' gas
installations supplied with gas, whether new or
by way of alteration or addition;
5 (b) provide for --
(i) measures to prevent or provide
protection from fire, explosion, and
asphyxiation; and
(ii) the investigation of incidents of fire,
10 explosion, or asphyxiation, including
incidents related to gas appliances
connected (whether or not permanently)
to consumers' gas installations, which
may have been associated with gas
15 supplied by the undertaker or pipeline
licensee;
and
(c) set out a system of inspection to monitor --
(i) compliance by gasfitters with written
20 laws applicable to gasfitting on a
consumer's gas installation; and
(ii) the safety of a consumer's gas
installation and gas appliances supplied
with gas.
25 (3) A system of inspection referred to in subsection (2)(c)
must comply with such guidelines as are issued by the
Director from time to time setting out the technical,
investigative, reporting, administrative, and other
requirements with which the system is to comply.
30 (4) Within 20 working days after the submission of a Plan
under subsection (1) or a revised Plan under
section 13K(4)(b)(ii), the Director is to make a
determination in respect of the Plan or revised Plan --
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Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 27
(a) requiring further particulars to be supplied in
relation to any matter, or that other matters
specified by the Director be addressed, in a
further submission;
5 (b) granting approval, or granting approval subject
to any condition imposed relevant to the
compliance by the undertaker or pipeline
licensee with the matters referred to in
subsection (1);
10 (c) rejecting the submission, wholly or in part, and
requiring a further submission; or
(d) rejecting the submission,
and is to notify the undertaker or pipeline licensee in
writing of the determination.
15 (5) If the Director does not make a determination under
subsection (4) within 20 working days, the Director is
to be taken to have approved the Plan or revised Plan.
(6) If a Plan is approved, the Director may specify a period
not exceeding 2 years during which the system of
20 inspection is to operate.
(7) An approved Plan, the approval of which has not been
withdrawn by the Director, is to be made available for
public inspection at the offices of the Director with any
modifications that the Director considers necessary,
25 after consultation with relevant persons, to protect
commercial information.
13K. Inspections under the Plan
(1) Whether or not any inspection required to be carried
out under a Plan approved under section 13J(4)(b) (the
30 "approved plan") is carried out at particular premises,
and if it is carried out the nature and extent of it, is a
matter within the discretion of an inspector unless --
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Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 27
(a) the approved plan provides that an inspector is
not to have a discretion as to whether or not an
inspection is carried out or if it is carried out
the nature and extent of the inspection;
5 (b) a written law otherwise specifically requires; or
(c) the Director or a responsible officer of the
undertaker or pipeline licensee otherwise
directs, if the approved plan provides for such a
direction to be given.
10 (2) Despite section 13 and subsection (1), an approved
plan may provide for some or all inspections to be
carried out --
(a) after the installation has, or appliances have,
been permanently supplied with gas; or
15 (b) by way of the examination only of a sample of
the work of gasfitters,
subject to the prior approval of the Director being
obtained and to any condition, restriction or limitation
imposed by the Director.
20 (3) If --
(a) in good faith, an inspector decides not to carry
out an inspection;
(b) in good faith, an inspector decides to carry out
an inspection of a particular nature or to a
25 particular extent;
(c) the undertaker or pipeline licensee, or the
system of inspection established in accordance
with the approved plan by the undertaker or
pipeline licensee, does not require that an
30 inspection be carried out; or
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Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 27
(d) the approval of the Director has been given to
an inspection not being carried out,
in any particular case or in relation to any class of case,
the inspector, the undertaker or pipeline licensee, the
5 Director or the State, as the case may be, is not liable,
in civil or criminal proceedings, for any injury or
damage arising from failure to carry out an inspection.
(4) The Director may at any time audit and assess the
inspection practices of an undertaker or pipeline
10 licensee for conformity with the approved plan and the
adequacy of the system of inspection and may by order
in writing --
(a) require the modification of any inspection
practice of that undertaker or pipeline licensee
15 if it is found by the Director not to conform
with the approved plan;
(b) require the gas undertaker or pipeline
licensee --
(i) to review those practices, or such of
20 those practices as are specified in the
order; and
(ii) if in any respect the system of
inspection set out in the approved plan
is found to be inadequate to establish
25 and maintain an effective system of
inspection for the purposes referred to in
section 13J(1), to submit a revised plan,
within such time as is specified in the order; or
(c) withdraw approval of the Plan,
30 and the undertaker or pipeline licensee must forthwith
comply with requirements of the order.
(5) The Director may exercise the powers conferred by
subsection (4)(a), (b) and (c) at any time so far as that
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Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 27
may be necessary in relation to any particular accident,
or to any incident or other matter affecting the safety of
a consumer's gas installation.
(6) An undertaker or pipeline licensee that has an approved
5 plan and fails to comply with a requirement of --
(a) this section; or
(b) the plan including any condition to which the
granting of the approved plan was subject,
commits an offence.
10 Penalty: $100 000.
13L. Director's guidelines
(1) Before completing the formulation of guidelines
referred to in section 13J(3) the Director must consult
relevant persons in relation to the proposed guidelines
15 to such an extent as the Director considers appropriate.
(2) Guidelines may specify policies or standards to be
observed, methods, practices and procedures to be
followed, and measures to be taken with respect to
inspections.
20 (3) Guidelines under section 13J(3) may incorporate or
adopt guidelines, standards or codes of practice made,
formulated, published or issued under any law of
another State or the Commonwealth, or by Standards
Australia, the Australian Gas Association or any other
25 body with such variations and modifications, if any, as
the Director specifies.
13M. Review of certain decisions of the Director
(1) An undertaker or pipeline licensee aggrieved by a
determination of the Director under section 13J(4) may
30 apply in writing to the Director for a review of the
determination.
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Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 27
(2) The application is to be made within 14 days after the
applicant receives a notification of the determination or
within such further period as the Director in a
particular case allows.
5 (3) The Director must give the applicant a reasonable
opportunity to make submissions in relation to the
application.
(4) The Director, after considering submissions (if any)
made under subsection (3), may determine the
10 application by --
(a) confirming the determination;
(b) varying the determination; or
(c) cancelling the determination and making a new
determination under section 13J(4), which
15 determination is not subject to review under
this section.
(5) The Director must give the applicant written notice of
his or her determination.
13N. Appeal from determinations of Director under
20 section 13M
(1) Any person aggrieved by a determination of the
Director under section 13M(4) may --
(a) if a question of law is involved, appeal to the
District Court in the manner prescribed by rules
25 of court; or
(b) in any other case, appeal in the prescribed
manner to a technical review panel appointed
under the regulations.
(2) The District Court has jurisdiction to hear and
30 determine an appeal made under subsection (1)(a) and
on hearing an appeal, may, according to the nature of
the case do any of the following --
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Gas and Electricity Safety Legislation Amendment Bill 2003
Part 4 Gas Standards Act 1972 amended
s. 27
(a) confirm, cancel or vary the determination the
subject of the appeal;
(b) remit the subject matter of the appeal to the
Director for further consideration and the
5 making of a new determination under
section 13J(4) within 20 working days of the
day on which the Director receives notice of the
Court's decision, which determination is not
subject to review under section 13M;
10 (c) make any further order, as to costs or
otherwise, as it thinks fit.
(3) On an appeal made under subsection (1)(b) the
technical review panel may confirm, cancel or vary the
determination and the decision of the technical review
15 panel is final.
(4) If the technical review panel cancels a determination,
the Director may make a new determination in
accordance with the panel's decision under
section 13J(4) within 20 working days of the day on
20 which the Director receives notice of the panel's
decision, which determination is not subject to review
under section 13M.
(5) If an appeal has been made under subsection (1) in
relation to a determination, the District Court or the
25 technical review panel, as the case may be, may
suspend the operation or effect of the determination
until the determination of the appeal.
(6) If the technical review panel confirms a determination
under subsection (3), the appellant is liable to pay the
30 reasonable costs of the review.
(7) Any costs payable by the appellant under subsection (6)
are recoverable by the Director in a court of competent
jurisdiction as a debt due to the State.
".
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Gas and Electricity Safety Legislation Amendment Bill 2003
Gas Standards Act 1972 amended Part 4
s. 28
28. Section 14 amended
Section 14(1) is amended by deleting "of $2 000" and inserting
instead --
"
5 , in the case of an individual, of $10 000 and, in the
case of a body corporate, of $100 000
".
29. Section 15 amended
Section 15(2) is amended as follows:
10 (a) after paragraph (g) by deleting "and";
(b) after paragraph (h) by deleting the full stop and
inserting --
"
; and
15 (i) providing for --
(i) the convening of a technical review
panel of independent professional
engineers;
(ii) the procedure to be followed on a
20 review by a technical review panel and
the period of time within which a
review is to be completed; and
(iii) the payment of remuneration to
members of a technical review panel.
25 ".
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