Victorian Consolidated Regulations Victorian Consolidated RegulationsS.R. No. 140/2018
Version incorporating amendments as at
10 August 2022
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Version No. 003
Gas Safety (Gas Installation) Regulations 2018
S.R. No. 140/2018
Version incorporating amendments as at
10 August
2022
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Gas Safety (Gas Installation) Regulations 2018, S.R. No. 140/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 118 of the Gas Safety Act 1997, No. 99/1997 and came into operation on 22 October 2018: regulation 3.
The Gas Safety (Gas Installation) Regulations 2018 will sunset 10 years after the day of making on 25 September 2028 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1
January 2001 form part of that Statutory Rule. Any heading inserted in a
Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on
or after 1 January 2001, forms part of that Statutory Rule.
This includes
headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into
which an Order is divided; clauses; regulations; rules; items; tables; columns;
examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted
in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule
made on or after 1 January 2001, forms part of that Statutory Rule.
See
section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that
Statutory Rule, whether inserted in the Statutory Rule before, on or after
1
January 2001. Provision numbers include regulation numbers, rule numbers,
subregulation numbers, subrule numbers, paragraphs and subparagraphs. See
section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
This publication incorporates amendments made to the Gas Safety (Gas Installation) Regulations 2018 by statutory rules, subordinate instruments and Acts.
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Gas Safety (Gas Installation) Amendment (Type A Appliances) Regulations 2022, S.R. No. 29/2022
|
Date of Making: |
17.5.22 |
|
Date of Commencement: |
1.6.22: reg. 3 |
Gas Safety (Gas Installation) Amendment Regulations 2022, S.R. No. 64/2022
|
Date of Making: |
9.8.22 |
|
Date of Commencement: |
10.8.22: reg. 3 |
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[1] Reg. 5 def. of licensed gasfitter: S.R. No. 149/2018 as amended by S.R. Nos 149/2018 and 41/2019.
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Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 140/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5, definition of AS 3814 |
AS 3814, "Industrial and commercial gas-fired appliances" published on 18 February 2015 by Standards Australia |
The whole |
|
Regulation 5, definition of AS 4670 |
AS 4670, "Commercial propane and commercial butane for heating purposes" published on 25 January 2018 by Standards Australia |
The whole |
|
Regulation 5, definitions of AS/NZS 5601.1, consumer piping", "gas pressure regulator, operating pressure"," pressure, rated working pressure Regulations 12(1)(a), 12(2), 14(1)(a), 14(2) |
AS/NZS 5601.1, "Gas installations—Part 1: General installations" published on 16 September 2013 by Standards Australia and Standards New Zealand |
The whole |
|
Regulation 5, definition of AS/NZS 5601.2 Regulation 12(1)(b) Regulation 12(3), definitions of boat and caravan Regulation 14(3), definitions of boat and caravan |
AS/NZS 5601.2, "Gas installations—Part 2: LP Gas installations in caravans and boats for non‑propulsive purposes" published on 16 September 2013 by Standards Australia and Standards New Zealand |
The whole |
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5, definition of BCA Volume One |
National Construction Code 2016 Volume One, published February 2016 by the Australian Building Codes Board |
The whole |
|
Regulation 5, definition of BCA Volume Two |
National Construction Code 2016 Volume Two, published February 2016 by the Australian Building Codes Board |
The whole |
|
Regulation 5, definition of commercial catering equipment |
AS/NZS 5601.1, "Gas installations—Part 1: General installations" published on 16 September 2013 by Standards Australia and Standards New Zealand |
Section 6.10.2 |
|
National Construction Code 2016 Volume Two, published February 2016 by the Australian Building Codes Board |
Clause 1.3.2 |
|
|
Regulation 7(1)(c), 7(1)(d), 7(2) |
National Construction Code 2016 Volume One, published February 2016 by the Australian Building Codes Board |
Clause A3.2 |
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 29/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 5 which inserts the definition of AS 4575 into regulation 5 of the Principal Regulations Regulation 6 which inserts regulation 12(4) into the Principal Regulations |
AS 4575, "Gas appliances—Servicing of Type A appliances" published on 9 August 2019 by Standards Australia |
The whole |
|
Schedule 14, item 9 |
AS 4575, "Gas appliances—Servicing of Type A appliances" published on 9 August 2019 by Standards Australia |
Appendix E |
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Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 64/2022 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
|
Statutory rule provision |
Title of applied, adopted or incorporated document |
Matter in applied, adopted or incorporated document |
|
Regulation 4 which inserts the definition of AS/NZS 5263.1.3 into regulation 5 of the Gas Safety (Gas Installation) Regulations 2018 |
Australian/New Zealand Standard AS/NZS 5263.1.3, "Gas appliances—Part 1.3: Gas space heating appliances" published on 5 February 2021 incorporating amendment No. 1 (12 November 2021) by Standards Australia and Standards New Zealand |
The whole |