New South Wales Consolidated Acts

GAS AND ELECTRICITY (CONSUMER SAFETY) ACT 2017 - SECT 52

52 Prohibition of unsafe use of electrical articles, gas appliances or autogas, electrical or gas installations

(1) An authorised officer who believes on reasonable grounds that an electrical article or a gas appliance, or an electrical installation, an autogas installation or a gas installation, is being used in a manner that presents a significant risk of--

(a) the death of, or injury to, any person, or

(b) significant damage to any property,

may, by written notice served on the person having possession of the electrical article or gas appliance, or the electrical, autogas or gas installation, prohibit its use in such a manner.

(2) A notice served on a person under this section ceases to have effect 2 weeks after the day on which it is served unless within that period the Secretary has, by further written notice served on the person--

(a) confirmed or varied the terms of the notice, or

(b) revoked the notice.

(3) A person must not use an electrical article or a gas appliance, or an electrical installation, an autogas installation or a gas installation, in contravention of a notice in force under this section.

: Maximum penalty (subsection (3))--

(a) in the case of an individual--

(i) 100 penalty units for a first offence, or

(ii) 150 penalty units for a second or subsequent offence, or

(b) in the case of a corporation--

(i) 1,000 penalty units for a first offence, or

(ii) 1,500 penalty units for a second or subsequent offence.

Note : An offence against subsection (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation--see section 63.