Western Australian Current Acts Western Australian Current Acts (1) A person who
desires to submit a gas appliance or class or type of gas appliance for
approval by the Director shall apply in writing in the form approved by the
Director.
(2) The Director may
require that a gas appliance, or a gas appliance of the kind to which the
application relates, be tested or approved, or tested and approved, by a
person recognised by the Director as a competent authority for that purpose
and carry a mark recognised by the Director.
(2a) The Director may,
by notice published in the Gazette , specify the persons and the marks which
are recognised by the Director for the purposes of subsection (2).
(3) The Director may
approve of an application made under this section or refuse to approve of the
application or may defer approval.
(3a) The Director may
refuse to approve of an application in respect of —
(a) a
Type A gas appliance; or
(b) a
class or type of Type A gas appliance; or
(c) a
Type B gas appliance; or
(d) a
class or type of Type B gas appliance,
if the Director is
satisfied that the appliance or class or type of appliance does not comply
with —
(e) a
standard or requirement specified by the Director by notice published in the
Gazette ; or
(f) a
prescribed standard or requirement.
(4) A person who
applies for the approval of a gas appliance under subsection (1) shall pay to
the Director such fee or charge as is determined by the Director having regard
to the cost of processing the application and determining the suitability of
the gas appliance for approval.
(5) The Director may
withhold approval of a gas appliance until the applicant for the approval pays
to the Director the fee or charge fixed by the Director under subsection (4).
(6) The Director may
impose conditions and restrictions in relation to any gas appliance or class
or type of gas appliance in relation to which the Director has given approval.
(7) Where the Director
imposes any conditions or restrictions in relation to any gas appliance or any
class or type of gas appliance under subsection (6) a person shall not sell or
hire any gas appliance or advertise any gas appliance for sale or hire unless
the gas appliance conforms to the conditions and restrictions so imposed by
the Director.
Penalty: $250 000.
[Section 13E inserted: No. 63 of 1985 s. 8;
amended: No. 89 of 1994 s. 91 and 93; No. 5 of 2007 s. 28.]