Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS SUPPLY ACT 1998 - SECT 44

(1)     Subject to subsection (3), the Gas Technical Regulator may, by notice in writing, require any person who has carried out, or is carrying out, work in relation to the design, construction, operation or maintenance of infrastructure to provide to the Gas Technical Regulator a copy of each document specified in the notice.

(2)     A notice under subsection (1) may specify such documents by reference to a class or kind of document.

(3)     The only documents, or classes or kinds of document, that may be specified in the notice are ones that the Gas Technical Regulator believes, on reasonable grounds—

        (a)     to be in the possession, custody or power of the person to whom the notice is given;

        (b)     to relate to work that the person has carried out, or is carrying out, in relation to the design, construction, operation or maintenance of infrastructure; and

        (c)     to be, solely or mainly, in the nature of—

              (i)     completed plans;

              (ii)     construction records;

              (iii)     maintenance records; or

              (iv)     documents relating to policy or procedures concerning the operation or maintenance of infrastructure.

(4)     The person shall comply with the notice within 7 days after the day on which the person receives it or such longer period as may be specified in the notice or otherwise allowed by the Gas Technical Regulator.

Penalty:

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

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

(5)     It is a defence to a prosecution under subsection (4) to show that, when the person received the notice, the documents, or class or kind of documents, specified in the notice were not in the possession, custody or power of the person.

(6)     A person shall not, for the purpose of enabling the person or another person to avoid compliance with a notice that has been issued, or that the person believes is likely to be issued, under subsection (1)—

        (a)     destroy or deface any document; or

        (b)     remove any document, or cause or allow any document to be removed—

              (i)     from the possession, custody or power of the person or another person; or

              (ii)     from the Territory.

Penalty for contravention of subsection (6):

        (a)     if the offender is a natural person—50 penalty units or imprisonment for 6 months, or both;

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