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GAS SAFETY LEGISLATION AMENDMENT BILL 2014

2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment and Sustainable Development)

Gas Safety Legislation Amendment Bill 2014



Contents

Page







































































2014

THE LEGISLATIVE ASSEMBLY

FOR THE AUSTRALIAN CAPITAL TERRITORY

(As presented)

(Minister for the Environment and Sustainable Development)

Gas Safety Legislation Amendment Bill 2014

A Bill for

An Act to amend legislation about gas safety, and for other purposes









The Legislative Assembly for the Australian Capital Territory enacts as follows:

Part 1 Preliminary

1 Name of Act

This Act is the Gas Safety Legislation Amendment Act 2014

.

2 Commencement

This Act commences on a day fixed by the Minister by written notice.

Note 1 The naming and commencement provisions automatically commence on the notification day (see Legislation Act

, s 75 (1)).

Note 2 A single day or time may be fixed, or different days or times may be fixed, for the commencement of different provisions (see Legislation Act

, s 77 (1)).

Note 3 If a provision has not commenced within 6 months beginning on the notification day, it automatically commences on the first day after that period (see Legislation Act

, s 79).

3 Legislation amended

This Act amends the following legislation:

Construction Occupations (Licensing) Act 2004

Construction Occupations (Licensing) Regulation 2004

Gas Safety Act 2000

Gas Safety Regulation 2001

.

4 Legislation repealed

The Gas Safety (Appliance Worker Accreditation Code) Approval 2007

(DI2007-33) is repealed.

Part 2 Construction Occupations (Licensing) Act 2004

5 New section 12A

insert

12A What is a gas appliance worker?

(1) A gas appliance worker is an entity that provides, has provided or proposes to provide a gas appliance service.

(2) A gas appliance service is the doing or supervising of type A gas appliance work or type B gas appliance work.

(3) In this section:

type A gas appliance work—see the Gas Safety Act 2000

, section 6B.

type B gas appliance work—see the Gas Safety Act 2000

, section 6C.

6 Construction occupations registrar

New section 103 (2) (ha)

insert

(ha) gas appliance work;

7 New part 21

insert

Part 21 Transitional—Gas Safety Legislation Amendment Act 2014

182 Definitions—pt 21

In this part:

code means the Gas Safety (Appliance Worker Accreditation Code) Approval 2007

(repealed).

commencement day means the day the Gas Safety Legislation Amendment Act 2014, part 2 commences.

183 Validation of code

The code is taken to be, and always to have been, valid as if the purported subdelegation of power to approve a code in relation to the accreditation of people to do appliance work under the Gas Safety Regulation 2001

, section 17A (1) had been a valid delegation of power under the Gas Safety Act 2000

.

184 Accreditation under code

(1) This section applies to a person if—

(a) immediately before the commencement day, the person was accredited to do appliance work under the code; and

(b) section 187 (Pending suspension or cancellation of accreditation) does not apply to the person.

(2) The person is taken to be licensed as a gas appliance worker under section 19.

(3) The registrar must—

(a) if the person was accredited under the code to do appliance work that is directly equivalent to an occupation class of gas appliance worker under this Act—issue a licence to the person in that occupation class; or

(b) if the person was accredited under the code to do appliance work that is not directly equivalent to an occupation class of gas appliance worker under this Act—do one of the following:

(i) issue a licence in an occupation class under this Act with a condition that the person undertake stated training to become fully eligible for a licence in that occupation class;

(ii) issue a licence in an occupation class for which the person would be eligible under this Act.

(4) The licence issued to the person ends when the person’s accreditation under the code would have ended.

(5) A licence issued to the person under subsection (3) is—

(a) if the person’s accreditation under the code is subject to a condition—taken to have been issued under this Act subject to that condition; and

(b) if the person’s accreditation under the code was in suspension on the commencement day—taken to have been suspended until the time when the suspension would have ended under the code.

(6) The registrar must enter in the register the particulars mentioned in the Construction Occupations (Licensing) Regulation 2004

, section 9 in relation to the person.

(7) In this section:

directly equivalent—an accreditation under the code is directly equivalent to a gas appliance worker licence if the appliance work that the person was accredited to do under the code corresponds to the gas appliance work to which the licence applies.

185 Certain information to be given to registrar

(1) This section applies if a licensee has not given the registrar the licensee’s mobile telephone number and email address (the required information).

(2) The licensee must give the registrar the required information within 6 months after the day this section commences.

Note If a form is approved under s 128 for this provision, the form must be used.

(3) If the licensee’s licence is due for renewal within 6 months after the day this section commences, the licensee may include the required information in the application for renewal instead of an approved form for this provision (if any).

186 Pending applications for accreditation

(1) This section applies if, before the commencement day—

(a) a person applied to the chief executive for accreditation or renewal of accreditation under the code; and

(b) the chief executive has not decided the application.

(2) The application is taken to be an application for a licence as a gas appliance worker under this Act.

(3) However, the eligibility of the person for the licence must be assessed against the eligibility criteria in the code.

187 Pending suspension or cancellation of accreditation

(1) This section applies to a person if, on the commencement day—

(a) the chief planning executive has taken action under the code to suspend or cancel the person’s accreditation; and

(b) the chief planning executive has not made a final decision on the suspension or cancellation action.

(2) The chief planning executive must proceed to make a final decision in relation to the person following the process stated in the code.

(3) If the chief planning executive’s final decision is to suspend the person’s accreditation—

(a) the person is taken to be licensed as a gas appliance worker under section 19 (Decision on licence application); and

(b) the person’s licence is taken to be suspended under part 8 (Demerit points system); and

(c) the registrar must serve a notice of licence suspension on the person in accordance with section 97 (Licence suspension).

(4) If the chief planning executive’s final decision is to cancel the person’s accreditation—

(a) the person is taken to have been disqualified under part 8 from holding a gas appliance worker’s licence; and

(b) the registrar must serve a notice of licence disqualification on the person in accordance with section 98 (Licence disqualification).

(5) If the chief planning executive’s final decision is to not suspend or cancel the person’s accreditation, section 184 applies to the person.

(6) In this section:

final decision, of the chief planning executive, means a decision made by the chief planning executive after completing the process stated in the code for suspending or cancelling an accredited appliance worker’s accreditation.

188 Review rights preserved

(1) This section applies if—

(a) the chief planning executive has made a decision under the code; and

(b) a right to review of the decision existed immediately before the commencement day.

(2) The decision is taken to be a decision made by the construction occupations registrar under this Act on the day the decision was made by the chief planning executive.

189 Conduct engaged in before commencement day

(1) Part 4 (Rectification orders and other obligations on licensees), part 5 (Automatic licence suspension and occupational discipline), part 6 (Enforcement), part 8 (Demerit points system) and part 11 (Complaints) apply to conduct engaged in before the commencement day as if—

(a) a reference to a construction occupation included a reference to gas appliance worker; and

(b) a reference to a licensee or former licensee included a reference to a person who was an accredited appliance worker under the code (whether or not the person is also a licensee or former licensee for this Act); and

(c) all other necessary changes were made; and

(d) any changes prescribed by regulation were made.

(2) This section expires 10 years after the day it commences.

Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

190 Expiry—pt 21

This part (other than section 189) expires 3 years after the day it commences.

Note Transitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act

, s 88).

Part 3 Construction Occupations (Licensing) Regulation 2004

8 Term of licences generally—Act, s 24

New section 7 (1) (g)

insert

(g) gas appliance worker.

9 New section 31B

insert

31B Endorsing licences for gas appliance work—Act, s 22

(1) This section applies to—

(a) an advanced gasfitters licence; and

(b) a general gasfitters licence.

(2) The registrar may, on application, endorse the licence to authorise the licensee to do type B gas flue work, if satisfied that the licensee is competent to do the work.

Note In deciding whether to endorse a licence under this section, the registrar must consider the considerations in s 32.

(3) In this section:

type B gas flue work means work on the flue of a type B gas appliance, including the connection of the flue to, and disconnection of the flue from, the appliance.

10 Considerations for endorsing under s 30 and s 31 etc

Section 32 (1)

omit

or section 31A

substitute

, section 31A or section 31B

11 New section 41A

insert

41A Classes of gas appliance worker

The construction occupation of gas appliance worker is divided into the classes in schedule 1, part 1.7A, column 2.

12 Schedule 1, new part 1.7A

insert

Part 1.7A Gas appliance worker

column 1
item
column 2
construction occupation class
column 3
construction work
1
unrestricted type A
type A gas appliance work without supervision
2
restricted type B
type A gas appliance work under the supervision of a licensee with an unrestricted type A licence
3
unrestricted type B
type B gas appliance work without supervision
4
restricted

type B–level 2
(a) without supervision—type B gas appliance work on—
(i) an atmospheric type gas appliance that consumes less than 2000MJ/h; or
(ii) a forced draft burner system that consumes less than 500MJ/h; and
(b) under the supervision of a licensee with an unrestricted type B licence—any other type B gas appliance work
5
restricted

type B–level 1
type B gas appliance work under the supervision of a licensee with—
(a) an unrestricted type B licence; or
(b) a restricted type B–level 2 licence that authorises the licensee to perform the work to be completed unsupervised

13 Gasfitters licence demerit grounds for occupational discipline—Act, s 55 (1) (a)

Schedule 2, part 2.5, item 2.5.1, column 2

before

appliance

insert

gas

14 Schedule 2, part 2.5, item 2.5.26

substitute

2.5.26
fail to comply with Gas Safety Act 2000

, s 9 (1)—gasfitting work completed in accordance with Gas Safety Act 2000

, s 8, but certificate of compliance for work not given in accordance with Gas Safety Act 2000

failure to give appropriate certificate of compliance for pipework

3

15 Schedule 2, part 2.5, item 2.5.27, column 2

omit

s 24 (2)

insert

s 23 (2)

16 Reviewable decisions

Schedule 4, new item 28A

insert

28A
Act

, s 31B

refuse to endorse advanced gasfitters licence or general gasfitters licence

licensee

Part 4 Gas Safety Act 2000

17 New division 1.1 heading

before section 1, insert

Division 1.1 Introduction

18 Section 5

substitute

5 Offences against Act—application of Criminal Code etc

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code

, ch 2 applies to the following offences against this Act (see Code, pt 2.1):

• s 8 (Gasfitting work to comply with relevant standard)

• s 8A (Offences—energy efficiency requirements for gasfitting work)

• s 9 (Certificate of compliance)

• s 12 (Unsafe consumer piping system)

• s 14 (Standard of gas appliance work)

• s 14A (Offences—energy efficiency requirements for gas appliance work)

• s 23 (Offence to sell or use unapproved gas appliance)

• s 24 (Offences—energy efficiency requirements for gas appliances)

• s 24A (Offence to dispose of gas equipment otherwise than in accordance with standards)

• s 25 (Compliance indicators to be attached).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act

, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Division 1.2 Objects and important concepts

6 Objects of Act

The main objects of this Act are to—

(a) promote safe and efficient gas usage; and

(b) establish a regulatory system for the following:

(i) the installation, operation, maintenance and repair of consumer piping systems;

(ii) the connection of gas appliances to consumer piping systems;

(iii) the commissioning, maintenance, repair and servicing of gas appliances connected to consumer piping systems;

(iv) the testing and inspection of consumer piping systems and gas appliances.

6A Meaning of gas appliance

In this Act:

gas appliance means a gas burning appliance that is manufactured, adapted or designed for connection to a consumer piping system.

6B Meaning of type A gas appliance work

In this Act:

type A gas appliance work means the maintenance, repair or service of a type A gas appliance other than—

(a) gasfitting work; or

(b) work exempted by regulation.

6C Meaning of type B gas appliance work

In this Act:

type B gas appliance work means the installation, commissioning, maintenance, modification, repair or service of a type B gas appliance connected to a consumer piping system other than—

(a) gasfitting work (excluding the connection of a type B gas appliance to, and the disconnection of a type B gas appliance from, a gas isolation valve in a consumer piping system); or

(b) work exempted by regulation.

6D Meaning of gas appliance worker

In this Act:

gas appliance worker means a person licensed in the construction occupation of gas appliance worker under the Construction Occupations (Licensing) Act 2004

, part 3.

6E Meaning of gasfitter

In this Act:

gasfitter means a person licensed in the advanced or general construction occupation class, for the construction occupation of gasfitter, under the Construction Occupations (Licensing) Act 2004

, part 3.

6F Meaning of gasfitting work

In this Act:

gasfitting work

(a) means—

(i) work on a consumer piping system, or proposed consumer piping system, including the connection or disconnection of a gas appliance (other than a gas appliance designed to be portable by users and connected by means of a flexible hose to a gas bayonet or gas turret) to or from the system; or

(ii) the inspection or testing of a consumer piping system; and

(b) includes the installation of a flue for a type A gas appliance; but

(c) does not include the installation of a flue for a type B gas appliance.

6G Meaning of gas safety legislation

In this Act:

gas safety legislation means—

(a) this Act; and

(b) the Construction Occupations (Licensing) Act 2004

.

Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act

, s 104).

6H Meaning of relevant standard

(1) In this Act:

relevant standard

(a) for gasfitting and gasfitting work means—

(i) AS/NZS 5601 as in force from time to time; or

(ii) if another standard is prescribed—that standard; and

(b) for gas appliances and gas appliance work means—

(i) in relation to a type A gas appliance—

(A) AS/NZS 5601 as in force from time to time; or

(B) if another standard is prescribed—that standard; and

(ii) in relation to a type B gas appliance—

(A) AS/NZS 1375, AS/NZS 3814 and AS/NZS 5601 as in force from time to time; or

(B) if another standard is prescribed—that standard.

(2) The Legislation Act

, section 47 (6) does not apply to AS/NZS 1375, AS/NZS 3814 or AS/NZS 5601.

Note AS/NZS 1375, AS/NZS 3814 and AS/NZS 5601 do not need to be notified under the Legislation Act

because s 47 (6) does not apply (see Legislation Act

, s 47 (7)). The standards may be purchased at www.standards.org.au

.

19 Section 8

substitute

8 Offence—gasfitting work to comply with relevant standard

(1) A gasfitter commits an offence if—

(a) the gasfitter carries out gasfitting work; and

(b) the gasfitter fails to carry out the gasfitting work—

(i) in a safe and skilful way; and

(ii) in accordance with the relevant standard.

Maximum penalty: 50 penalty units.

(2) A regulation may prescribe considerations to be taken into account to decide whether gasfitting work is carried out in a safe and skilful way.

8A Offences—energy efficiency requirements for gasfitting work

(1) A gasfitter commits an offence if—

(a) the gasfitter carries out gasfitting work; and

(b) the work does not comply with a regulation about energy efficiency or environmental harm that applies to the work.

Maximum penalty: 50 penalty units.

Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

(2) A gasfitter commits an offence if—

(a) the gasfitter carries out gasfitting work on a consumer piping system; and

(b) the consumer piping system does not comply with a regulation about energy efficiency or environmental harm that applies to the work.

Maximum penalty: 50 penalty units.

Note The Greenhouse and Energy Minimum Standards Act 2012

(Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.

Section 8A only operates if a regulation is made for it, and s 8A and the regulation are consistent with the Commonwealth Act

and able to operate concurrently with it (see Self-Government Act

, s 28 and Commonwealth Act

, s 9).

20 Section 9

substitute

9 Offence—certificate of compliance

A responsible gasfitter commits an offence if—

(a) the gasfitter finishes gasfitting work; and

(b) the gasfitter fails to give each person prescribed by regulation, a written statement (a certificate of compliance) certifying that—

(i) the finished gasfitting work was carried out in accordance with the gas safety legislation; and

(ii) any consumer piping system or appliance that is part of the finished gasfitting work is safe to use and complies with the gas safety legislation.

Maximum penalty: 50 penalty units.

Note 1 Section 8 requires gasfitting work to be carried out to a particular standard and in accordance with particular standards.

Note 2 If a form is approved under s 68 for this provision, the form must be used.

21 Misuse of compliance indicators etc

Section 10

omit

22 Section 12

substitute

12 Offence—unsafe consumer piping system

A gasfitter commits an offence if—

(a) the gasfitter carries out gasfitting work on a consumer piping system; and

(b) the system poses a substantive risk to the safety of any person or property; and

(c) the gasfitter fails—

(i) to take immediate action to eliminate the risk; or

(ii) to give notice in writing about the risk, and the action taken to eliminate the risk, to each person prescribed by regulation as soon as practicable.

Maximum penalty: 50 penalty units.

23 Division 2.2 heading

substitute

Division 2.2 Gas appliance work

24 Work to be done by accredited people

Section 13

omit

25 Section 14

substitute

14 Offence—standard of gas appliance work

(1) A gas appliance worker commits an offence if—

(a) the worker carries out gas appliance work; and

(b) the worker fails to carry out the gas appliance work—

(i) in a safe and skilful way; and

(ii) in accordance with the relevant standard.

Maximum penalty: 50 penalty units.

(2) A regulation may prescribe considerations to be taken into account to decide whether gas appliance work is carried out in a safe and skilful way.

14A Offences—energy efficiency requirements for gas appliance work

(1) A gas appliance worker commits an offence if—

(a) the worker carries out gas appliance work; and

(b) the work does not comply with a regulation about energy efficiency or environmental harm that applies to the work.

Maximum penalty: 50 penalty units.

Note Power to make a statutory instrument (including a regulation) includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act

, s 48).

(2) A gas appliance worker commits an offence if—

(a) the worker carries out gas appliance work on a gas appliance; and

(b) the gas appliance does not comply with a regulation about energy efficiency or environmental harm that applies to the appliance.

Maximum penalty: 50 penalty units.

Note The Greenhouse and Energy Minimum Standards Act 2012

(Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.

Section 14A only operates if a regulation is made for it, and s 14A and the regulation are consistent with the Commonwealth Act

and able to operate concurrently with it (see Self-Government Act

, s 28 and Commonwealth Act

, s 9).

26 Consumer piping system—owner’s responsibility

Section 15 (3)

substitute

(3) In this section:

advice of a gasfitter includes receipt of a certificate of compliance from a gasfitter.

27 Section 16 heading

substitute

16 Gas appliances—owner’s responsibility

28 Section 16 (1)

omit

an appliance

substitute

a gas appliance

29 Section 16 (2) (a) (ii)

omit

person accredited to do appliance work

substitute

gas appliance worker

30 Section 17 heading

substitute

17 Gas appliances—user’s responsibility

31 Section 17 (1)

omit

an appliance

substitute

a gas appliance

32 Section 17 (2) (a) (ii)

omit

person accredited to do appliance work

substitute

gas appliance worker

33 Part 4 heading

substitute

Part 4 Regulation of gas appliances

34 Definitions for pt 4

Section 18, new definitions

insert

approved—a gas appliance is approved if—

(a) the appliance is of a type approved under section 20 (an approved type A gas appliance); or

(b) the appliance is approved by the construction occupations registrar under section 21 (an approved type B gas appliance); or

(c) if the appliance is not an approved type A gas appliance or approved type B gas appliance—the appliance consumes gas at a rate of less than 10MJ/h.

corresponding law means a law declared by the Minister to be a corresponding law under section 19.

35 Section 18, definition of trader

before

appliances

insert

gas

36 Section 19

substitute

19 Declaration of corresponding law

(1) The Minister may declare a law of a State or another Territory, being a law that contains provisions for the approval of type A gas appliances, to be a corresponding law for this part.

(2) A declaration is a notifiable instrument.

Note A notifiable instrument must be notified under the Legislation Act

.

37 Division 4.2 heading

substitute

Division 4.2 Approved gas appliances

38 Sections 20 to 24

substitute

20 Approval of type A gas appliances

(1) A gas appliance is an approved type A gas appliance if the appliance—

(a) is approved—

(i) under a corresponding law; or

(ii) under a regulation; and

(b) complies with any safety standard that applies to the appliance as a condition of that approval; and

(c) is used for a purpose for which it has been approved; and

(d) is not an appliance that has been declared a prohibited appliance under section 27.

(2) A gas appliance ceases to be an approved type A gas appliance if the construction occupations registrar is satisfied that—

(a) under a corresponding law, appliances of that kind have been found unsafe to use or to not comply with a safety standard; or

(b) the appliance is prohibited under section 27; or

(c) a direction under section 29 (2) (Directions about unsafe gas appliances) is in force in relation to the appliance; or

(d) the appliance has been refused approval under a corresponding law; or

(e) the appliance ceases to be approved under a corresponding law.

21 Approval of type B gas appliances

(1) A person may apply to the construction occupations registrar for approval of a type B gas appliance.

(2) The construction occupations registrar may approve the type B gas appliance if the construction occupations registrar is satisfied—

(a) the appliance complies with the relevant standard; and

(b) the related gasfitting work and gas appliance work will be carried out in accordance with the gas safety legislation.

22 Register of approved gas appliances

(1) The construction occupations registrar must keep a register of—

(a) approved type A gas appliances approved under a regulation; and

(b) approved type B gas appliances approved under section 21; and

(c) any cancellation of approval under this part; and

(d) any gas appliances that are prohibited under this part; and

(e) any safety warnings issued under section 30 in relation to an approved gas appliance.

(2) The construction occupations registrar must make the register available for public inspection during ordinary office hours at the office of the construction occupations registrar.

23 Offences—sell or use unapproved gas appliance

(1) A person commits an offence if the person—

(a) sells a gas appliance; and

(b) the gas appliance is not approved.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(2) A person commits an offence if the person—

(a) connects a gas appliance to a consumer piping system; and

(b) the gas appliance is not approved.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(3) A person commits an offence if the person—

(a) uses a gas appliance for a purpose involving the use of gas; and

(b) the gas appliance is not approved.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

(4) This section does not apply in circumstances prescribed under a regulation.

24 Offences—energy efficiency requirements for gas appliances

(1) A trader commits an offence if—

(a) the trader sells a gas appliance; and

(b) the gas appliance does not comply with an energy efficiency standard prescribed by regulation that applies to the appliance.

Maximum penalty: 50 penalty units.

(2) A trader commits an offence if—

(a) the trader sells a gas appliance; and

(b) an energy efficiency label is not attached to the appliance.

Maximum penalty: 10 penalty units.

(3) A person commits an offence if—

(a) the person attaches an energy efficiency label to a gas appliance; and

(b) the gas appliance does not have the energy efficiency rating stated on the label.

Maximum penalty: 30 penalty units.

(4) A person commits an offence if—

(a) the person attaches a label to a gas appliance; and

(b) the label resembles an energy efficiency label; and

(c) the label is not an energy efficiency label.

Maximum penalty: 30 penalty units.

(5) This section does not apply to a second-hand gas appliance.

Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code

, s 58).

(6) An offence against this section is a strict liability offence.

(7) In this section:

energy efficiency label means an energy efficiency label prescribed by regulation.

Note The Greenhouse and Energy Minimum Standards Act 2012

(Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.

Section 24 only operates if a regulation is made for it, and s 24 and the regulation are consistent with the Commonwealth Act

and able to operate concurrently with it (see Self-Government Act

, s 28 and Commonwealth Act

, s 9).

24A Offence—dispose of gas equipment otherwise than in accordance with standards

A person commits an offence if—

(a) the person disposes of an article that is—

(i) a consumer piping system or part of a consumer piping system; or

(ii) a gas appliance or part of a gas appliance; and

(b) the disposal does not comply with a standard prescribed by regulation that applies to the article.

Maximum penalty: 50 penalty units.

39 Compliance indicators to be attached

Section 25 (1)

substitute

(1) A trader commits an offence if—

(a) the trader sells a gas appliance; and

(b) the gas appliance—

(i) does not have a compliance indicator attached to it; or

(ii) has a compliance indicator attached to it that is not in accordance with the regulations.

Maximum penalty: 50 penalty units.

40 Section 25 (2)

omit

41 Section 25 (3)

omit

the appliance

substitute

the gas appliance

42 Section 25 (3)

omit

an appliance

substitute

a gas appliance

43 Section 25 (4)

substitute

(4) Subsection (1) does not apply to—

(a) a second-hand gas appliance; or

(b) a gas appliance within 6 months after it becomes an approved gas appliance.

44 Misuse of compliance indicators etc

Section 26

omit

an appliance

substitute

a gas appliance

45 Division 4.3 heading

substitute

Division 4.3 Prohibited and unsafe gas appliances

46 Section 27 heading

substitute

27 Prohibited gas appliances

47 Section 27 (1)

omit

planning and land authority

substitute

construction occupations registrar

48 Section 27 (1)

before

appliances

insert

gas

49 Section 27 (2)

substitute

(2) The construction occupations registrar may act under subsection (1) only if satisfied that—

(a) gas appliances of that kind are, or are likely to become, unsafe to use because of their design or construction; and

(b) the use of a gas appliance of that kind involves, or would involve, a risk of death or injury to a person or damage to property.

50 Section 27 (4)

omit

planning and land authority

substitute

construction occupations registrar

51 Section 27 (5)

substitute

(5) A gas appliance that is subject to prohibition under this section ceases to be approved for this part on the day the notice takes effect.

52 Section 28 heading

substitute

28 Prohibited gas appliances not be sold or used

53 Section 28 (1) to (3)

omit

an appliance

substitute

a gas appliance

54 Section 29 heading

substitute

29 Directions about unsafe gas appliances

55 Section 29

omit

planning and land authority

substitute

construction occupations registrar

56 Section 29

omit

an appliance

substitute

a gas appliance

57 Section 29

omit

the appliance

substitute

the gas appliance

58 Section 29

omit

the authority

substitute

the registrar

59 Publication of safety warnings etc

Section 30 (1)

omit

planning and land authority

substitute

construction occupations registrar

60 Section 30 (1)

before

appliances

insert

gas

61 Section 30 (2)

omit

planning and land authority

substitute

construction occupations registrar

62 Section 30 (2) (a)

before

appliance

insert

gas

63 Section 30 (2) (b)

omit

an appliance

substitute

a gas appliance

64 Reporting by occupiers and gasfitters etc

Section 32 (2)

omit

an appliance

substitute

a gas appliance

65 Sections 33 to 35

omit

planning and land authority

substitute

construction occupations registrar

66 Section 38 heading

substitute

38 Construction occupations registrar may require information and documents

67 Section 38

omit

planning and land authority

substitute

construction occupations registrar

68 Section 38

omit

the authority

substitute

the registrar

69 Section 39 heading

substitute

39 Contravention of requirement of construction occupations registrar

70 Appointment of inspectors

Section 40

omit

planning and land authority

substitute

construction occupations registrar

71 Section 40

omit

the authority

substitute

the registrar

72 Identity cards

Section 41

omit

planning and land authority

substitute

construction occupations registrar

73 General powers on entry to premises

Section 47 (2) (a)

omit

or appliance

substitute

or gas appliance

74 Section 47 (2) (a) and (b)

omit

an appliance

substitute

a gas appliance

75 Section 49 heading

substitute

49 Power to inspect gasfitting work and gas appliance work

76 Section 49 (1)

before

appliance

insert

gas

77 Powers in relation to consumer piping systems

Section 50 (2)

before

appliance

insert

gas

78 New section 50 (4A) to (4C)

insert

(4A) A direction under this section may also require the person to give the inspector written information about the consumer piping system.

Example

a written report about a test required in the direction by the person who did the test

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

(4B) Subsection (4C) applies if—

(a) a written direction under subsection (3) or subsection (4) requires a person to do a thing; and

(b) the person—

(i) is not licensed, authorised or qualified to do the thing; or

(ii) if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

(4C) The person must arrange, and pay for, the thing to be done by someone who—

(a) is licensed, authorised or qualified to do the thing; or

(b) if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

Example

A written direction under s (3) requires George to undertake further gasfitting work. George is no longer a licensed gasfitter, and he is not able to get a new licence. George must arrange, and pay for, a licensed gasfitter to do the gasfitting work.

79 Section 51 heading

substitute

51 Powers in relation to gas appliances

80 Section 51 (1) (a)

omit

an appliance

substitute

a gas appliance

81 Section 51 (1) (b)

before

appliance

insert

gas

82 Section 51 (2)

before 1st mention of

appliance

insert

gas

83 Section 51 (3)

substitute

(3) If the inspector believes on reasonable grounds that a gas appliance is unsafe because work done on it by a gas appliance worker was not done in accordance with the gas safety legislation, the inspector may give the gas appliance worker a written direction to take stated action to make the appliance safe and compliant with the gas safety legislation.

(3A) A direction under this section may also require the person to give the inspector written information about the gas appliance or work.

Example

a written report about a test required in the direction by the person who did the test

Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

(3B) Subsection (3C) applies if—

(a) a written direction under subsection (2) or subsection (3) requires a person to do a thing; and

(b) the person—

(i) is not licensed, authorised or qualified to do the thing; or

(ii) if a licence, authorisation or qualification is not required to do the thing—does not have appropriate experience and skill to do the thing.

(3C) The person must arrange, and pay for, the thing to be done by someone who—

(a) is licensed, authorised or qualified to do the thing; or

(b) if a licence, authorisation or qualification is not required to do the thing—has appropriate experience and skill to do the thing.

84 Defective equipment—disconnection etc

Section 52 (1)

omit

an appliance

substitute

a gas appliance

85 Section 52 (1) (b)

before

appliance

insert

gas

86 Section 52 (2)

omit

an appliance

substitute

a gas appliance

87 Power to seize evidence

Section 54 (5)

omit

planning and land authority’s

substitute

construction occupations registrar’s

88 Return of things seized

Section 57 (3)

omit

planning and land authority

substitute

construction occupations registrar

89 Codes of practice

Section 65 (2) (b) (i)

before

appliances

insert

gas

90 Section 65 (2) (b) (ii)

before

appliance

insert

gas

91 Section 65 (4)

substitute

(4) For the gas safety legislation, a code is relevant to gasfitting work, gas appliance work, a consumer piping system or a gas appliance if the code purports to apply to it.

92 Approved forms

Section 68

omit

Minister

substitute

construction occupations registrar

93 Regulation-making power

Section 69 (2) (a)

before

appliances

insert

gas

94 Section 69 (2) (b)

omit

an appliance

substitute

a gas appliance

95 Section 69 (2) (c)

before

appliance

insert

gas

96 Section 69 (2) (d)

omit

consumer piping systems or appliances

substitute

gas appliances

97 Section 69 (2) (f)

substitute

(f) the approval of type A gas appliances and type B gas appliances including—

(i) requirements in relation to applications for approval; and

(ii) requirements in relation to compliance with safety standards; and

(iii) conditions for the approval of appliances; and

(iv) the cancellation of approval of appliances; and

98 New section 69 (2) (h) and (i)

insert

(h) consumer piping systems and gas appliances to promote the efficient use or conservation of power and energy, or to limit harm to the environment; and

(i) standards in relation to construction, installation, configuration, maintenance, repair, service, replacement, inspection, testing, labelling or disposal of consumer piping systems and gas appliances (or parts of consumer piping systems or gas appliances).

99 New section 69 (2A) and (2B)

insert

(2A) A regulation may apply, adopt or incorporate a law of another jurisdiction or an instrument, or a provision of a law of another jurisdiction or instrument, as in force at a particular time or from time to time.

(2B) The Legislation Act

, section 47 (5) or (6) does not apply in relation to the law of another jurisdiction or an instrument applied, adopted or incorporated under a regulation.

Note Laws of another jurisdiction and instruments mentioned in s (2B) do not need to be notified under the Legislation Act

because s 47 (5) and (6) do not apply (see Legislation Act

, s 47 (7)).

100 Section 69 (3), penalty

omit

10 penalty units

substitute

60 penalty units

101 Dictionary, definitions of accredited, appliance and appliance work

omit

102 Dictionary, definition of approved

substitute

approved, for part 4 (Regulation of gas appliances)—see section 18.

103 Dictionary, new definitions

insert

AS/NZS 1375 means AS/NZS 1375 (Industrial fuel-fired appliances).

AS/NZS 3814 means AS/NZS 3814 (Industrial and commercial gas-fired appliances).

AS/NZS 5601 means AS/NZS 5601 (Gas installations).

104 Dictionary, definition of certificate of compliance

substitute

certificate of compliance—see section 9.

105 Dictionary, definition of compliance indicator

substitute

compliance indicator means a plate or label for a gas appliance that states the information about the gas appliance and its use.

106 Dictionary, definition of corresponding law

substitute

corresponding law, for part 4 (Regulation of gas appliances)—see section 18.

107 Dictionary, new definitions

insert

gas appliance—see section 6A.

gas appliance worker—see section 6D.

108 Dictionary, definitions of gasfitter and gasfitting work

substitute

gasfitter—see section 6E.

gasfitting work—see section 6F.

109 Dictionary, definition of gas safety legislation

omit

section 5

substitute

section 6G

110 Dictionary, definition of prohibited

omit

111 Dictionary, new definition of relevant standard

insert

relevant standard—see section 6H.

112 Dictionary, definition of responsible gasfitter

substitute

responsible gasfitter means—

(a) if there is a gasfitter supervising the gasfitting work—the supervising gasfitter; or

(b) in any other case—the gasfitter who does the gasfitting work.

113 Dictionary, definitions of sell and trader

omit

Regulation of appliances

substitute

Regulation of gas appliances

114 Dictionary, new definitions

insert

type A gas appliance means a gas appliance that is of a type approved under a corresponding law and that is not a type B gas appliance.

type A gas appliance work—see section 6B.

type B gas appliance

(a) means a gas appliance that consumes gas at a rate of 10MJ/h or more and—

(i) is not approved under a corresponding law; or

(ii) is approved under a corresponding law but the proposed use of the appliance is outside of the use approved under the corresponding law; and

(b) includes any components and fittings of that appliance downstream of, and including, the appliance manual shut-off valve.

type B gas appliance work—see section 6C.

Part 5 Gas Safety Regulation 2001

115 Offences against regulation—application of Criminal Code etc

Section 4AA, note 1

substitute

Note 1 Criminal Code

The Criminal Code

, ch 2 applies to the following offences against this regulation (see Code, pt 2.1):

• s 9 (1) (Testing gas appliance connection)

• s 17D (2) and (4) (Unsafe gas appliance)

• s 17E (1) (Interfering with defect tag)

• s 18GB (Offence—interfere with compliance indicator).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

116 New section 5

in division 2.1, insert

5 Application—div 2.1

This division does not apply to a gas appliance designed to be portable.

117 Testing gasfitting work on consumer piping system—Act, s 8

Section 6

omit

responsible

118 Section 6 (a)

substitute

(a) cap any gas appliance outlet from the system that does not have a gas appliance connected to it; and

119 Testing gas connection service

Section 7 (1)

before

appliance

insert

gas

120 Section 7 (2)

omit

planning and land authority

substitute

construction occupations registrar

121 Section 7 (2)

omit

an appliance

substitute

a gas appliance

122 Section 7 (2)

omit

the authority

substitute

the registrar

123 Section 7 (3)

omit

the planning and land authority

substitute

the construction occupations registrar

124 Section 9 heading

substitute

9 Testing gas appliance connection

125 Section 9 (1) and (2)

substitute

(1) This section applies to a gasfitter who connects a gas appliance to a gas outlet in a consumer piping system that is connected to a gas distribution network.

(1A) The gasfitter must—

(a) ensure that the installation of the gas appliance complies with the relevant standard and any relevant code; and

(b) inspect and test the gas appliance to ensure that—

(i) the appliance operates in accordance with the manufacturer’s instructions and specifications; and

(ii) the installation complies with any condition of an exemption under subsection (2) or section 7 (2).

Maximum penalty: 10 penalty units.

(2) The construction occupations registrar may exempt a person from subsection (1A) (a) if the registrar believes on reasonable grounds that—

(a) compliance with the relevant standard and any relevant code does not justify the cost of compliance; and

(b) the degree of safety reached in other ways is acceptable.

126 Section 9 (3)

omit

planning and land authority

substitute

construction occupations registrar

127 Section 10 heading

substitute

10 Testing gas appliance disconnection etc

128 Section 10 (1) (a)

omit

an appliance

substitute

a gas appliance

129 Section 10 (1) (c)

omit

another appliance

substitute

another gas appliance

130 Section 10 (3)

omit

person

substitute

responsible gasfitter

131 Compliance indicators

Section 11

omit

132 Certificates of compliance

Section 12 (2)

substitute

(2) A gasfitter who gives a certificate of compliance in relation to gasfitting work must give a copy of the certificate to—

(a) the construction occupations registrar; and

(b) the owner of the gas distribution network.

Maximum penalty: 10 penalty units.

133 Section 12 (4)

omit

planning and land authority

substitute

construction occupations registrar

134 Interfering with compliance indicators

Section 13

omit

135 Unsafe consumer piping system—Act, s 12

Section 15

omit

section 12 (2), the responsible gasfitter

substitute

section 12 (c), the gasfitter

136 Section 17 heading

substitute

17 Construction occupations registrar may direct testing of consumer piping system

137 Section 17 (1) and (2)

omit

planning and land authority

substitute

construction occupations registrar

138 Division 2.2 heading

substitute

Division 2.2 Gas appliance work

139 Accreditation to do appliance work

Section 17A

omit

140 Sections 17B and 17C

substitute

17B Gas appliance worker to produce licence

A gas appliance worker must produce his or her licence to undertake gas appliance work if asked to do so by—

(a) an inspector; or

(b) the owner or occupier of premises where the gas appliance worker is carrying out gas appliance work.

17C Gas appliance work—testing

(1) This section applies when a gas appliance worker completes work on a gas appliance.

(2) The gas appliance worker must—

(a) for a type A gas appliance—inspect and test the appliance in accordance with the relevant standard; and

Note Relevant standard—see the Act

, s 6H.

(b) for a type B gas appliance—inspect and test the appliance in accordance with AS/NZS 3814, as in force from time to time.

Note AS/NZS 3814—see the Act

, s 6H.

(3) A gas appliance worker must keep, for at least 5 years, a record of gas appliance work done by the worker including a record of—

(a) the gas appliance that work was carried out on; and

(b) the premises where the appliance is located; and

(c) when the work was completed.

(4) A gas appliance worker who keeps a record under subsection (3) must not, without reasonable excuse, fail to produce the record if asked to do so by an inspector.

(5) The Legislation Act

, section 47 (6) does not apply to AS/NZS 3814.

Note AS/NZS 3814 does not need to be notified under the Legislation Act

because s 47 (6) does not apply (see Legislation Act

, s 47 (7)). The standard may be purchased at www.standards.org.au

.

141 Section 17D heading

substitute

17D Unsafe gas appliance

142 Section 17D (1)

omit

an accredited appliance worker

substitute

a gas appliance worker

143 Section 17D (1) (a)

omit

an appliance

substitute

a gas appliance

144 Section 17D (2)

omit

appliance worker

insert

gas appliance worker

145 Section 17D (2) (a)

omit

the appliance

substitute

the gas appliance

146 Section 17D (2) (c) (iv)

omit

accreditation number

substitute

gas appliance worker licence number

147 Section 17D (3) and (4)

substitute

(3) A gas appliance worker complies with the requirements of subsection (2) (a) if the gas appliance worker engages a qualified person to undertake necessary work for which the gas appliance worker is not qualified under the gas safety legislation or the Electricity Safety Act 1971

.

(4) A gas appliance worker commits an offence if the worker fails to give the owner or occupier of the premises written notice of the unsafe gas appliance.

Maximum penalty: 10 penalty units.

(4A) A notice under subsection (4) must—

(a) identify the unsafe gas appliance and its location; and

(b) state the date when the notice is given; and

(c) set out the reason for the isolation of the appliance and the action necessary to make it safe; and

(d) state the name, gas appliance worker licence number and telephone number of the gas appliance worker.

148 Section 17D (5)

omit

appliance worker

substitute

gas appliance worker

149 Section 17D (6) and (7)

substitute

(6) A gas appliance worker who gives a notice under subsection (4) must keep, for at least 5 years, a record of the notice including a record of—

(a) the unsafe gas appliance; and

(b) the premises where the appliance is located; and

(c) when the notice was given.

(7) A gas appliance worker who keeps a record under subsection (6) must produce the record if asked to do so by an inspector.

150 Interfering with defect tag

Section 17E

before

appliance

insert

gas

151 Part 3 heading

substitute

Part 3 Use of consumer piping systems and gas appliances

152 Consumer piping system not to be used unless certified safe

Section 18 (2) (a)

substitute

(a) a compliance plate is attached; or

153 Section 18 (3)

omit

responsible

154 New section 18 (4)

insert

(4) In this section:

compliance plate means a thing fixed in a conspicuous place to a permanent structure near a meter through which gas is conveyed to the consumer piping system in accordance with the regulation, section 11 as in force immediately before the commencement of the Gas Safety Legislation Amendment Act 2014.

155 Part 3A heading

substitute

Part 3A Regulation of gas appliances

156 Sections 18B and 18C

omit

157 Sections 18D to 18H

substitute

18D Application for approval of type B gas appliance—Act, s 21

(1) An application for approval of a type B gas appliance must—

(a) be in writing; and

(b) state how the appliance will comply with AS/NZS 1375 and AS/NZS 3814, as in force from time to time; and

Note AS/NZS 1375 and AS/NZS 3814—see the Act

, s 6H.

(c) include any plans, specifications, operating requirements and other information stated in AS/NZS 3814, Appendix A, as in force from time to time; and

(d) state the person who is responsible for any gasfitting and gas appliance work related to the gas appliance; and

(e) be given to the construction occupations registrar before the gas appliance is commissioned and operated.

Note A fee may be determined under the Act

, s 67 for this provision.

(2) The Legislation Act

, section 47 (6) does not apply to AS/NZS 1375 or AS/NZS 3814.

Note AS/NZS 1375 and AS/NZS 3814 do not need to be notified under the Legislation Act

because s 47 (6) does not apply (see Legislation Act

, s 47 (7)). The standards may be purchased at www.standards.org.au

.

18E Decision of construction occupations registrar

(1) The construction occupations registrar must, within 20 working days after receiving an application under section 18D—

(a) approve the commissioning of the appliance (with or without conditions); or

Examples—conditions

1 that a compliance indicator is attached to the gas appliance

2 that the gas appliance be inspected by a gas inspector before it is commissioned

3 that a specific test be carried out on the gas appliance before it is commissioned

Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

(b) refuse to approve the application; or

(c) extend the time for giving approval for commissioning of the appliance.

(2) The construction occupations registrar may request the applicant to provide further information if the registrar considers it necessary to decide the application.

(3) The construction occupations registrar must, as soon as practicable—

(a) tell the applicant in writing of the decision under subsection (1); and

(b) if the application is refused or the time for giving approval extended—give reasons for the decision.

18F Prescribed circumstances for unapproved gas appliances—Act, s 23 (4)

The Act

, section 23 does not apply in the following circumstances:

(a) the connection of a gas appliance to a consumer piping system or its use, in accordance with approval for commissioning, under section 18E;

(b) the connection of a gas appliance to a consumer piping system, or its use, with the construction occupations registrar’s approval, for product testing, product development or experimental purposes;

(c) the sale, for scrap material, of a gas appliance that has been disabled for the use of gas.

18G Compliance indicator—type A gas appliance—Act, s 25

A compliance indicator for a type A gas appliance must include the following information:

(a) the manufacturer;

(b) the model name or number;

(c) the serial number;

(d) the type of gas the appliance must use;

(e) the maximum gas pressure level at which the appliance safely operates calculated in accordance with the relevant standard;

(f) the maximum gas consumption of the appliance as defined in the relevant standard expressed in MJ/h;

(g) the gas injector size needed for the safe and effective operation of the appliance expressed in mm.

Note Relevant standard—see the Act

, s 6H.

18GA Compliance indicator—type B gas appliance—Act, s 25

A compliance indicator for a type B gas appliance must be of durable material and be legibly and permanently marked with the following information:

(a) a description of the appliance;

(b) the name and licence number of the gas appliance worker or gasfitter who connects the appliance to the consumer piping system;

(c) the name of the commissioning agent;

(d) the name and licence number of the gas appliance worker who carried out the commissioning;

(e) the date of approval;

(f) the approval number;

(g) the following information expressed in kPa:

(i) the designed inlet pressure;

(ii) the maximum inlet pressure;

(iii) the outlet pressure;

(iv) the over pressure protection limit;

(v) the over pressure set point;

(vi) the high gas pressure switch (HGPS) setting.

Note 1 If a compliance indicator is approved under s 19A (Approved compliance indicator) for this section, the approved indicator must be used.

Note 2 There is a penalty for attaching a compliance indicator to an appliance that is not approved (see Act

, s 26 (2)).

Note 3 There is a penalty for attaching to an appliance anything that falsely purports to be a compliance indicator (see Act

, s 26 (3)).

18GB Offence—interfere with compliance indicator

A person commits an offence if the person removes, alters, damages or defaces a compliance indicator attached to a gas appliance.

Maximum penalty: 10 penalty units.

18H Prescribed circumstances for prohibited gas appliances—Act, s 28 (4)

The Act

, section 28 does not apply in the following circumstances:

(a) the connection of a gas appliance to a consumer piping system, or its use, with the construction occupations registrar’s approval, for product testing, product development or experimental purposes;

(b) the sale, for scrap material, of a gas appliance that has been disabled for the use of gas.

158 Sections 19 and 19A

omit

planning and land authority

substitute

construction occupations registrar

159 Section 20A

substitute

20A Reviewable decisions—Act, s 64A, def reviewable decision

A decision mentioned in schedule 1, part 1.1 under a provision mentioned in column 2 in relation to the decision is prescribed.

160 Reviewable decisions—Act and regulation

Schedule 1, part 1.1 heading

omit

161 Schedule 1, part 1.1, items 1 and 2

omit

162 Schedule 1, part 1.1, item 3, column 3

before

appliances

insert

gas

163 Schedule 1, part 1.1, item 6, column 4

omit

accredited person

substitute

gas appliance worker

164 Schedule 1, part 1.1, items 11 to 13, column 3

before

appliance

insert

gas

165 Reviewable decisions—code approved under s 17A

Schedule 1, part 1.2

omit

166 Dictionary, note 3

insert

• compliance indicator

• gas appliance (s 6A)

167 Dictionary

omit the definitions of

appliance

AS/NZS 5601

Australian Gas Association

certificate of accreditation

168 Dictionary, definitions of type A appliance and type B appliance

omit

Endnotes

1 Presentation speech

Presentation speech made in the Legislative Assembly on 5 June 2014.

2 Notification

Notified under the Legislation Act

on 2014.

3 Republications of amended laws

For the latest republication of amended laws, see www.legislation.act.gov.au

.





























© Australian Capital Territory 2014

 


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