Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS SUPPLY ACT 1998 - SECT 37

(1)     The Gas Technical Regulator has, subject to this Act, the following functions:

        (a)     to secure compliance with this Act and authorisations;

        (b)     to assist and advise the Minister in relation to matters arising under, or connected with, this Act;

        (c)     to develop gas technical policy in consultation with the appropriate authorities of other jurisdictions;

        (d)     to monitor and promote safety and technical standards in relation to gas installations and gas appliances;

        (e)     to monitor and promote safety and technical standards within the gas industry;

        (f)     to monitor and promote safety and technical standards in relation to the supply of gas to consumers;

        (g)     to issue a notice in writing as follows:

              (i)     to a person whom the Gas Technical Regulator believes, on reasonable grounds, to be contravening a term or condition of an authorisation—to cease the contravention of the term or condition;

              (ii)     to a person whom the Gas Technical Regulator believes, on reasonable grounds, to be constructing, operating or maintaining infrastructure in contravention of a provision of this Act—to cease the contravention of the provision;

              (iii)     to a person whom the Gas Technical Regulator believes, on reasonable grounds, to be—

    (A)     supplying gas to premises; or

    (B)     operating infrastructure;

        in circumstances where the supply or operation presents a danger to human life or health or a risk of damage to property—to cease such supply or operation (as the case may be) while circumstances of that kind continue;

              (iv)     to a gas pipeline operator—to perform a prescribed test, or a test of a prescribed kind, with respect to the gas pressure or gas quality in any gas pipeline, and to inform the Gas Technical Regulator in writing, within 7 days after the day on which the person receives the notice, or such longer period as may be specified in the notice or otherwise allowed by the Gas Technical Regulator, of the results of the test;

        (h)     in the case of an emergency that presents a danger to human life or health or a risk of damage to property—to take such action, and authorise in writing other persons to take such action, as appears reasonably necessary to prevent or reduce the danger or risk;

              (i)     to produce an annual report in relation to the operation and administration of this Act, and related matters;

        (j)     to provide technical advice to inspectors;

        (k)     any other function conferred on the Gas Technical Regulator by this Act.

(2)     A notice under paragraph (1) (g) shall specify under which provision of that paragraph it is given, but a failure to do so shall not invalidate the notice.

(3)     A person shall not, without reasonable excuse, fail to comply with a notice under subparagraph (1) (g) (i), (ii) or (iii).

Penalty:

        (a)     if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both;

        (b)     if the offender is a body corporate—500 penalty units.

(4)     A person shall not, without reasonable excuse, fail to comply with a notice under subparagraph (1) (g) (iv).

Penalty:

        (a)     if the offender is a natural person—50 penalty units;

        (b)     if the offender is a body corporate—250 penalty units.

(5)     No action lies against—

        (a)     the Gas Technical Regulator, the Territory or any other person—in respect of anything done by the Gas Technical Regulator, reasonably and in good faith, under paragraph (1) (h); or

        (b)     against a person authorised under paragraph (1) (h)—in respect of anything done by the person, reasonably and in good faith, in accordance with the authorisation.