Western Australian Current Acts Western Australian Current Acts (1) Whether or not any
inspection required to be carried out under a Plan approved under
section 13J(4)(b) (the approved plan ) is carried out at particular premises,
and if it is carried out the nature and extent of it, is a matter within the
discretion of an inspector unless —
(a) the
approved plan provides that an inspector is not to have a discretion as to
whether or not an inspection is carried out or if it is carried out the nature
and extent of the inspection; or
(b) a
written law otherwise specifically requires; or
(c) the
Director or a responsible officer of the undertaker or pipeline licensee
otherwise directs, if the approved plan provides for such a direction to be
given.
(2) Despite section 13
and subsection (1), an approved plan may provide for some or all inspections
to be carried out —
(a)
after the installation has, or appliances have, been permanently supplied with
gas; or
(b) by
way of the examination only of a sample of the work of gasfitters,
subject to the prior
approval of the Director being obtained and to any condition, restriction or
limitation imposed by the Director.
(3) If —
(a) in
good faith, an inspector decides not to carry out an inspection; or
(b) in
good faith, an inspector decides to carry out an inspection of a particular
nature or to a particular extent; or
(c) the
undertaker or pipeline licensee, or the system of inspection established in
accordance with the approved plan by the undertaker or pipeline licensee, does
not require that an inspection be carried out; or
(d) the
approval of the Director has been given to an inspection not being carried
out,
in any particular case
or in relation to any class of case, the inspector, the undertaker or pipeline
licensee, the Director or the State, as the case may be, is not liable, in
civil or criminal proceedings, for any injury or damage arising from failure
to carry out an inspection.
(4) The Director may
at any time audit and assess the inspection practices of an undertaker or
pipeline licensee for conformity with the approved plan and the adequacy of
the system of inspection and may by order in writing —
(a)
require the modification of any inspection practice of that undertaker or
pipeline licensee if it is found by the Director not to conform with the
approved plan; or
(b)
require the gas undertaker or pipeline licensee —
(i)
to review those practices, or such of those practices as
are specified in the order; and
(ii)
if in any respect the system of inspection set out in the
approved plan is found to be inadequate to establish and maintain an effective
system of inspection for the purposes referred to in section 13J(1), to submit
a revised plan,
within such time as is
specified in the order; or
(c)
withdraw approval of the Plan,
and the undertaker or
pipeline licensee must forthwith comply with requirements of the order.
(5) The Director may
exercise the powers conferred by subsection (4)(a), (b) and (c) at any time so
far as that may be necessary in relation to any particular accident, or to any
incident or other matter affecting the safety of a consumer’s gas
installation.
(6) An undertaker or
pipeline licensee that has an approved plan and fails to comply with a
requirement of —
(a) this
section; or
(b) the
plan including any condition to which the granting of the approved plan was
subject,
commits an offence.
Penalty: $250 000.
[Section 13K inserted: No. 5 of 2007 s. 32.]