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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Gas and Electricity Safety Legislation
Amendment Bill 2006
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
Part 2 -- Electricity Act 1945
amended
3. The Act amended by this Part 3
4. Part III repealed 3
5. Section 32 amended 3
6. Section 33B amended 3
7. Section 33D amended 3
8. Section 33F amended 4
9. Section 52 amended 4
Part 3 -- Energy Coordination
Act 1994 amended
10. The Act amended by this Part 5
11. Section 3 amended 5
12. Section 7 amended 6
13. Section 12 amended 7
14. Section 14 amended 7
15. Sections 18A to 18C inserted 8
18A. Orders as to dangerous things in relation
to electricity or gas 8
18B. Orders as to unsafe work practices in
relation to electricity or gas 10
18C. Orders as to distribution systems or
distribution or transmission works 10
16. Section 19 amended 13
030--1C page i
Gas and Electricity Safety Legislation Amendment Bill 2006
Contents
17. Sections 19A and 19B inserted 13
19A. Review of certain orders of inspectors on
the application of a network operator 13
19B. Review of determinations of Director in
relation to orders by inspectors against a
network operator 14
18. Section 20 amended 16
19. Sections 24B and 24C inserted 17
24B. Disclosure of information for promotion of
safety and compliance purposes 17
24C. Gas supply emergency plans 18
20. Section 26 amended 19
Part 4 -- Gas Standards Act 1972
amended
21. The Act amended by this Part 20
22. Section 4 amended 20
23. Section 8 amended 21
24. Section 10 amended 21
25. Section 12 repealed 21
26. Section 13 replaced 21
13. Consumers' installations 21
27. Section 13D replaced 23
13D. Approval of gas appliances 23
28. Section 13E amended 24
29. Section 13F amended 24
30. Section 13G amended 24
31. Section 13H amended 25
32. Sections 13I to 13N inserted 25
13I. Guidelines for gasfitting work 25
13J. Inspection Policy Statement and Plan 26
13K. Inspections under the Plan 28
13L. Director's guidelines 30
13M. Review of certain decisions of the Director 31
13N. Review of determinations of Director
under section 13M 32
33. Section 14 amended 33
34. Section 15 amended 34
page ii
Western Australia
LEGISLATIVE ASSEMBLY
Gas and Electricity Safety Legislation
Amendment Bill 2006
A Bill for
An Act to amend --
• the Electricity Act 1945;
• the Energy Coordination Act 1994; and
• the Gas Standards Act 1972.
The Parliament of Western Australia enacts as follows:
page 1
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This is the Gas and Electricity Safety Legislation Amendment
Act 2006.
5 2. Commencement
(1) This Act comes into operation on a day fixed by proclamation.
(2) Different days may be fixed under subsection (1) for different
provisions.
page 2
Gas and Electricity Safety Legislation Amendment Bill 2006
Electricity Act 1945 amended Part 2
s. 3
Part 2 -- Electricity Act 1945 amended
3. The Act amended by this Part
The amendments in this Part are to the Electricity Act 1945*.
[* Reprint 6 as at 16 December 2005.]
5 For subsequent amendments see Act No. 18 of 2005.]
4. Part III repealed
Part III is repealed.
5. Section 32 amended
Section 32(1)(s) is amended as follows:
10 (a) by deleting "$5 000" and inserting instead --
" $50 000 ";
(b) by deleting "$20 000." and inserting instead --
" $250 000. ".
6. Section 33B amended
15 Section 33B(6)(d) is amended as follows:
(a) by deleting "$5 000" and inserting instead --
" $50 000 ";
(b) by deleting "$20 000" and inserting instead --
" $250 000 ".
20 7. Section 33D amended
Section 33D is amended as follows:
(a) by deleting "$5 000" and inserting instead --
" $50 000 ";
(b) by deleting "$20 000." and inserting instead --
25 " $250 000. ".
page 3
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 2 Electricity Act 1945 amended
s. 8
8. Section 33F amended
Section 33F is amended as follows:
(a) by deleting "$5 000" and inserting instead --
" $50 000 ";
5 (b) by deleting "$20 000." and inserting instead --
" $250 000. ".
9. Section 52 amended
Section 52 is amended as follows:
(a) by deleting "$5 000" and inserting instead --
10 " $50 000 ";
(b) by deleting "$20 000." and inserting instead --
" $250 000. ".
page 4
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 10
Part 3 -- Energy Coordination Act 1994 amended
10. The Act amended by this Part
The amendments in this Part are to the Energy Coordination
Act 1994*.
5 [* Reprint 2 as at 10 September 2004.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 144.]
11. Section 3 amended
(1) Section 3 is amended by inserting in the appropriate
10 alphabetical positions --
"
"commercial information" means --
(a) any knowledge or information relating to
technology, marketing or energy used in a
15 person's business and that might reasonably
be expected adversely to affect the business
or interests of that person if disclosed to
another person; or
(b) other information that has commercial value;
20 "component" means a component of a distribution
system, distribution works, transmission works or
service apparatus;
"distribution works" has the same meaning as it has
in the Electricity Act 1945 section 5(1);
25 "network operator" means --
(a) in relation to gas --
(i) the holder of a distribution licence for
a distribution system and includes a
person who operates the system on
30 behalf of that holder; and
page 5
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 12
(ii) a person granted an exemption under
section 11H from holding a
distribution licence for a distribution
system and includes a person who
5 operates the system on behalf of that
person;
or
(b) in relation to electricity --
(i) a network operator as defined in the
10 Electricity Act 1945 section 5(1); and
(ii) any other person lawfully operating
transmission or distribution works;
"supply authority" has the meaning given to that term
in the Electricity Act 1945 section 5(1);
15 "transmission works" has the meaning given to that
term in the Electricity Act 1945 section 5(1).
".
(2) Section 3 is amended by deleting the full stop after the
definition of "trading licence" and inserting a semicolon instead.
20 12. Section 7 amended
Section 7 is amended as follows:
(a) after paragraph (a)(i) by inserting the following
subparagraph --
"
25 (ia) this Act; and
".
(b) after paragraph (a)(i) by inserting --
" and ".
page 6
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 13
13. Section 12 amended
Section 12(2) is repealed and the following subsection is
inserted instead --
"
5 (2) The Director may designate persons to be inspectors
for the purposes of --
(a) this Act; or
(b) the Electricity Act 1945; or
(c) the Gas Standards Act 1972,
10 or all or any of those Acts.
".
14. Section 14 amended
Section 14 is amended as follows:
(a) in paragraph (a) by deleting "apparatus or installation
15 used for any of those purposes is or may be situated;"
and inserting instead --
"
installation, component or activity used or
undertaken for any of those purposes is or may
20 be situated or undertaken;
";
(b) in paragraph (c) by deleting "apparatus or installation
used or intended to be used" and inserting instead --
"
25 installation, component or activity used or
undertaken or intended to be used or
undertaken
";
(c) in paragraph (d)(iii) by deleting "apparatus or
30 installation" and inserting instead --
" installation, component or activity ".
page 7
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 15
15. Sections 18A to 18C inserted
After section 18 the following sections are inserted --
"
18A. Orders as to dangerous things in relation to
5 electricity or gas
(1) If an inspector is of the opinion, having inspected any
thing in relation to electricity or gas which that
inspector is authorised to inspect, that --
(a) the thing is dangerous; or
10 (b) the thing has been rendered dangerous, having
regard to its actual or possible use, by --
(i) the introduction of any other object into
the proximity of that thing; or
(ii) the use of any other object in
15 conjunction with or in relation to that
thing; or
(iii) any other circumstance,
the inspector may make an order under subsection (2).
(2) An inspector may by order, in writing, specifying the
20 reason for the opinion referred to in subsection (1),
require --
(a) the person who has apparently caused the
danger; or
(b) the person who has apparent control of the
25 thing; or
(c) the person who is responsible under a written
law for the control of the thing,
to take immediate steps to remove or mitigate the
danger in such manner, if any, as the order may
30 specify.
page 8
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 15
(3) If the inspector is of the further opinion that any
immediate steps taken or to be taken under an order
made under subsection (2) may not remove the danger,
or are in the nature of a temporary expedient, the
5 inspector may make an order under subsection (4).
(4) The inspector may by order, in writing, specifying the
reason for the opinion referred to in subsection (3),
require --
(a) the person having apparent control of the thing;
10 or
(b) the person who is responsible under a written
law for the control of the thing; or
(c) the person having apparent control of an object,
specified in the order, which may render the
15 thing dangerous; or
(d) the person who is responsible for the
circumstances, specified in the order, which
may render the thing dangerous,
to --
20 (e) modify, dismantle or remove the thing giving
rise to the danger; or
(f) deal with or remove a specified object the
introduction of which may render the thing
dangerous; or
25 (g) deal with or remove the specified
circumstances which may render that thing
dangerous,
within a period of not less than 28 days specified in the
order and in such manner, if any, as the order may
30 specify.
page 9
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 15
18B. Orders as to unsafe work practices in relation to
electricity or gas
(1) If an inspector is of the opinion on reasonable grounds
that any work practice related to safety used in, or in
5 relation to, the construction, repair, maintenance or
operation of any thing the inspector is authorised to
inspect may give rise to any danger from electricity or
gas or does not conform with any Act to which the
inspector's powers extend the inspector may make an
10 order under subsection (2).
(2) The inspector may, by order in writing, require the
person appearing to be responsible for the carrying out
of the work practice --
(a) to modify that work practice, in such manner, if
15 any, as the order may specify, within a period
of not less than 28 days specified in the order;
and
(b) meanwhile, to carry out the work practice in
accordance with any condition, restriction or
20 limitation specified in the order until the
modification required under paragraph (a) has
taken effect,
or may prohibit the carrying out of the work practice
absolutely.
25 (3) An order under subsection (2) is to specify the work
practice in question and the reason why it is unsafe or
does not comply with the relevant Act.
18C. Orders as to distribution systems or distribution or
transmission works
30 (1) If an inspector is of the opinion that a component that
the inspector is authorised to inspect --
(a) does not conform with any Act to which his or
her powers extend; or
page 10
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 15
(b) is unsafe,
the inspector may make an order under subsection (2).
(2) The inspector may, by order in writing served on the
network operator of the distribution system or
5 distribution or transmission works, require work to be
done, or other measures to be taken, by the network
operator within the period specified in the order to
ensure that each component specified in the order
conforms with the relevant Act or is rendered safe.
10 (3) In making an order under subsection (2), the inspector
may extend the scope and operation of the order to
other components that are similar to a component that
has been inspected under section 14 either generally or
in relation to a specified type of component.
15 (4) Subsection (3) does not apply unless the Director
approves of the terms of the order before it is made.
(5) Before the Director approves the terms of the order, the
Director must --
(a) consult with the relevant network operator; and
20 (b) consider the effect of the terms of the order on
work or other measures being undertaken or
proposed to be undertaken by the network
operator on the distribution system or
distribution or transmission works.
25 (6) An order under subsection (3) is not to be served on the
network operator unless --
(a) the inspector has given the network operator an
opportunity to assess the extent to which the
other components of the distribution system or
30 distribution or transmission works conform
with the relevant Act or need to be rendered
safe; and
page 11
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 15
(b) the inspector has made a reasonable effort to
consult with the network operator about means
of ensuring that the component or type of
component conforms with the relevant Act or is
5 rendered safe; and
(c) the inspector and the network operator cannot
within a reasonable time reach an agreement in
writing on --
(i) the work to be done, or other measures
10 to be taken, to ensure that the
component or type of component
conforms with the relevant Act or is
rendered safe; and
(ii) the time within which the work is to be
15 done or the measures are to be taken.
(7) If the inspector and the network operator reach an
agreement of the kind described in subsection (6)(c),
the agreement does not take effect until it is approved
by the Director.
20 (8) If the Director approves an agreement between an
inspector and the network operator on --
(a) the work to be done, or other measures to be
taken, to ensure that the component or type of
component conforms with the relevant Act or is
25 rendered safe; and
(b) the time within which the work is to be done or
the measures are to be taken,
the network operator must carry out that work or take
those measures in the agreed time or within such
30 further time as the Director may specify.
(9) If a network operator does not carry out the work or
take the measures referred to in subsection (8) in the
agreed time or within such further time as the Director
may specify, the inspector may, by order in writing
page 12
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 16
served on the network operator, require the work to be
done or the measures taken, by the network operator
within the period specified in the order.
".
5 16. Section 19 amended
Section 19(1) is amended by inserting after "section 18" --
" , 18A(2) or (4) or 18B(2) ".
17. Sections 19A and 19B inserted
After section 19 the following sections are inserted --
10 "
19A. Review of certain orders of inspectors on the
application of a network operator
(1) A network operator who is aggrieved by an order under
section 18A(2) or (4), 18B(2), or 18C(2), or an order
15 extended by an inspector under section 18C(3) may
apply in writing to the Director for a review of the
decision.
(2) The application is to be made within 14 days after the
applicant receives notice of the order or within such
20 further period as the Director in a particular case
allows.
(3) The Director must give the applicant a reasonable
opportunity to make submissions in relation to the
application.
25 (4) An application stays the operation of an order until the
review is completed unless the Director determines on
the ground of safety that the operation of the order is
not affected by the application.
(5) The Director, after considering submissions (if any)
30 made under subsection (3), may determine the
application by --
(a) confirming the order; or
page 13
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 17
(b) varying the order; or
(c) reversing the order.
(6) The Director must give the applicant written notice of
his or her determination and the reasons for the
5 determination.
(7) Subject to subsection (8), the Director may publicise
his or her determination and any submission made
under subsection (3) in such manner as the Director
thinks fit.
10 (8) If --
(a) a submission contains a statement that
information provided in and identified in the
submission is commercial information relating
to the applicant or another person; and
15 (b) the Director is satisfied that the information is
commercial information relating to the
applicant or another person,
the Director is not to publicise the determination or
submission in such a manner as to disclose that
20 information unless the Director is of the opinion that
the disclosure of the information would not be unduly
harmful to the legitimate business interests of the
applicant or the other person, as the case may be.
19B. Review of determinations of Director in relation to
25 orders by inspectors against a network operator
(1) In this section --
"decision" means --
(a) a determination of the Director under
section 19A(5); or
30 (b) a refusal of the Director to approve an
agreement reached under section 18C(6).
page 14
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 17
(2) A network operator aggrieved by a decision may --
(a) if a question of law is involved, apply to the
State Administrative Tribunal for a review of
the decision; or
5 (b) in any other case, appeal in the prescribed
manner to a technical review panel appointed
under the regulations.
(3) On an appeal made under subsection (2)(b) the
technical review panel may confirm, reverse or vary
10 the decision and the decision of the technical review
panel is final.
(4) If an application for review or an appeal has been made
under subsection (2) in relation to a decision, the State
Administrative Tribunal or the technical review panel,
15 as the case may be --
(a) may suspend the operation of the decision until
the determination of the review or appeal; and
(b) may revoke any suspension under
paragraph (a).
20 (5) A decision is not to be suspended under
subsection (4)(a) if failure to comply with the decision
would endanger the safety of a person or result in a risk
of damage to property.
(6) Subject to subsections (7) and (8), the Director may
25 publicise --
(a) any submission made to the technical review
panel by a party to an appeal; and
(b) the technical review panel's decision on an
appeal,
30 in such manner as the Director thinks fit and, for that
purpose, the panel is to make submissions made to it
and its decision available to the Director.
page 15
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 18
(7) Before the Director publicises a submission or decision
containing commercial information relating to the
appellant or another party to the appeal, the Director
must consult with the appellant or the other party.
5 (8) If a submission or a decision contains commercial
information, the Director may publicise the submission
or decision in such a manner as the Director thinks fit
so as to avoid the disclosure of commercial information
relating to the appellant or the other party.
10 (9) If the technical review panel confirms a decision under
subsection (3), the appellant is liable to pay the
reasonable costs of the review.
(10) Any costs payable by the appellant under
subsection (9) are recoverable by the Director in a
15 court of competent jurisdiction as a debt due to the
State.
".
18. Section 20 amended
(1) Section 20(1) is amended as follows:
20 (a) by deleting "$5 000." and inserting instead --
" $50 000. ";
(b) by deleting "$20 000." and inserting instead --
" $250 000. ".
(2) Section 20(2) is amended as follows:
25 (a) by deleting "$5 000." and inserting instead --
" $50 000. ";
(b) by deleting "$20 000." and inserting instead --
" $250 000. ".
page 16
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 19
(3) Section 20(3) is amended as follows:
(a) by deleting "$5 000." and inserting instead --
" $50 000. ";
(b) by deleting "$20 000." and inserting instead --
5 " $250 000. ".
(4) Section 20(4) is amended as follows:
(a) by inserting after "section 18" --
" , 18A, 18B, or 18C ";
(b) by deleting "$5 000." and inserting instead --
10 " $50 000. ";
(c) by deleting "$20 000." and inserting instead --
" $250 000. ".
19. Sections 24B and 24C inserted
After section 24A the following sections are inserted --
15 "
24B. Disclosure of information for promotion of safety
and compliance purposes
(1) Without limiting section 24(1)(b) but subject to
subsection (2), information obtained in the course of a
20 duty relating to inspection for compliance or safety
purposes may be recorded, disclosed and used by, or
with the approval of, the Director for the purposes
of --
(a) increasing public awareness of any matter to do
25 with safety related to the use of energy; and
(b) increasing levels of compliance with the
Electricity Act 1945 and the Gas Standards
Act 1972.
page 17
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 3 Energy Coordination Act 1994 amended
s. 19
(2) The Director is not to record, disclose or use
information, or approve of information being recorded,
disclosed or used for a purpose described in
subsection (1)(a) or (b) unless --
5 (a) in the case of commercial information or
information that is confidential, the Director
has consulted any person he or she believes
may be affected by the recording, disclosure or
use; and
10 (b) in any case, the Director is of the opinion that
the public benefit from the recording,
disclosure or use will outweigh any detriment
that may be caused to any person, and that there
is no other way to achieve the purposes
15 described in subsection (1)(a) and (b).
24C. Gas supply emergency plans
(1) The holder of a pipeline licence under the Petroleum
Pipelines Act 1969 to convey gaseous petroleum to a
distribution system or a network operator must, if the
20 regulations so require, have a supply system
emergency management plan (an "emergency plan").
(2) Without limiting section 26(1), the regulations may
provide for --
(a) the preparation and content of emergency
25 plans; and
(b) the submission of emergency plans for
assessment and review by the Director; and
(c) how emergency plans are to have effect and be
complied with; and
30 (d) the exemption of persons from the requirement
to have an emergency plan if the person has an
emergency plan under another written law
specified in the regulations.
".
page 18
Gas and Electricity Safety Legislation Amendment Bill 2006
Energy Coordination Act 1994 amended Part 3
s. 20
20. Section 26 amended
After section 26(2) the following subsection is inserted --
"
(2a) Without limiting the generality of subsection (1), the
5 regulations may --
(a) provide for the convening of a technical review
panel of independent professional engineers;
and
(b) provide for the procedure to be followed on a
10 review by a technical review panel and the
period of time within which a review is to be
completed; and
(c) provide for the payment of remuneration to
members of a technical review panel.
15 ".
page 19
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 21
Part 4 -- Gas Standards Act 1972 amended
21. The Act amended by this Part
The amendments in this Part are to the Gas Standards
Act 1972*.
5 [* Reprinted as at 7 July 2000.
For subsequent amendments see Western Australian
Legislation Information Tables for 2005, Table 1, p. 189.]
22. Section 4 amended
Section 4 is amended as follows:
10 (a) by inserting in the appropriate alphabetical positions --
"
"commercial information" means --
(a) any knowledge or information relating to
technology, marketing or energy used in a
15 person's business and that might reasonably
be expected adversely to affect the business
or interests of that person if disclosed to
another person; or
(b) other information that has commercial value;
20 "Type A gas appliance" means a gas appliance of a
prescribed class or type;
"Type B gas appliance" means a gas appliance that
has a maximum hourly input rate exceeding
10 megajoules that is neither a Type A gas
25 appliance nor a gas-fuelled engine that --
(a) is mounted in or on any vehicle, craft or
portable appliance; and
(b) is supplied by fuel from a cylinder or tank
mounted on or in the vehicle, craft or
30 portable appliance;
";
(b) by deleting the definition of "section".
page 20
Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 23
23. Section 8 amended
(1) Section 8(1) is amended by deleting "$5 000." and inserting
instead --
" $250 000. ".
5 (2) Section 8(6) is amended as follows:
(a) by deleting "$4 000" and inserting instead --
" $40 000 ";
(b) by deleting "$10 000." and inserting instead --
" $250 000. ".
10 (3) Section 8(8) is amended as follows:
(a) by deleting "$2 000" and inserting instead --
" $20 000 ";
(b) by deleting "$5 000." and inserting instead --
" $250 000. ".
15 24. Section 10 amended
Section 10(4) is amended by deleting "$5 000." and inserting
instead --
" $250 000. ".
25. Section 12 repealed
20 Section 12 is repealed.
26. Section 13 replaced
Section 13 is repealed and the following section is inserted
instead --
"
25 13. Consumers' installations
(1) If an undertaker or a pipeline licensee does not have an
Inspection Policy Statement and Plan approved by the
page 21
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 26
Director under section 13J, the undertaker or pipeline
licensee --
(a) may commence to supply gas to a newly
installed consumer gas installation; or
5 (b) supply gas to a consumer gas installation that
has been altered by the installation of a Type B
gas appliance,
if, and only if, the installation has been inspected by an
inspector and complies with the requirements, if any,
10 prescribed in respect of that installation.
Penalty: $250 000.
(2) If an undertaker or a pipeline licensee has an Inspection
Policy Statement and Plan approved by the Director
under section 13J, the undertaker or pipeline licensee
15 may commence to supply gas to a consumer gas
installation if, and only if, the installation has been
inspected in accordance with that plan and complies
with the requirements, if any, prescribed in respect of
that installation.
20 Penalty: $250 000.
(3) In proceedings for an offence against subsection (2) it
is a defence for the accused to show that an inspection
was carried out after the gas was supplied to the
consumer's gas installation under section 13K(2).
25 (4) If, on an inspection under subsection (1), the inspector
makes an order under section 18(2)(a) of the Energy
Coordination Act 1994 or issues a notice under this
Act, the undertaker or pipeline licensee must send a
copy of the order or notice to the Director within
30 28 days of the completion of the inspection.
Penalty: $100 000.
(5) If an accident involving gas occurs at an installation
referred to in subsection (1), the undertaker or pipeline
page 22
Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 27
licensee who supplies gas to the installation must give
the Director a report, in a form approved by the
Director, on the accident within 3 days of the accident.
Penalty: $100 000.
5 ".
27. Section 13D replaced
Section 13D is repealed and the following section is inserted
instead --
"
10 13D. Approval of gas appliances
(1) A person shall not sell, hire, advertise for sale or install
a Type A gas appliance unless the appliance --
(a) is a gas appliance that is approved by the
Director or is of a class or type of gas appliance
15 that is approved by the Director; and
(b) is marked, stamped or labelled in the manner
approved by the Director.
Penalty: $250 000.
(2) A consumer shall not use a Type B gas appliance
20 unless the appliance --
(a) has been approved by the Director; and
(b) is marked, stamped or labelled in the manner
approved by the Director.
Penalty: $250 000.
25 (3) The Director may by instrument in writing delegate to
an inspector the power to give approval for the
purposes of subsection (1)(a) or (2)(a).
".
page 23
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 28
28. Section 13E amended
(1) Section 13E(1) is amended by inserting after "gas appliance" --
" or class or type of gas appliance ".
(2) After section 13E(3) the following subsection is inserted --
5 "
(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
10 (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
15 Director by notice published in the Gazette; or
(f) a prescribed standard or requirement.
".
(3) Section 13E(7) is amended by deleting "$2 000 or imprisonment
for 6 months or both." and inserting instead --
20 " $250 000. ".
29. Section 13F amended
Section 13F(3) is amended by deleting "$2 000 or imprisonment
for 6 months or both." and inserting instead --
" $50 000. ".
25 30. Section 13G amended
(1) Section 13G(1) is amended by deleting "gas appliances or".
(2) Section 13G(2) is amended by deleting "any gas appliance or".
page 24
Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 31
31. Section 13H amended
Section 13H(4) is amended by deleting "$2 000 or
imprisonment for 6 months or both." and inserting instead --
" $250 000. ".
5 32. Sections 13I to 13N inserted
After section 13H the following sections are inserted --
"
13I. Guidelines for gasfitting work
(1) In this section --
10 "gasfitting work" means an operation, or a work or a
process on or in relation to a gas installation,
whether of an undertaker, a pipeline licensee or a
consumer.
(2) The Director may from time to time formulate and
15 publish guidelines that are not mandatory for safe
practices and technical standards in relation to
gasfitting work.
(3) Before completing the formulation of guidelines the
Director must consult interested groups and persons in
20 relation to the proposed guidelines to such an extent as
the Director considers appropriate.
(4) Guidelines under subsection (2) may specify --
(a) standards to be observed, practices and
procedures to be followed, and measures to be
25 taken with respect to gasfitting work; or
(b) practices and procedures to be followed, and
measures to be taken, to promote the safety of
the public and persons engaged in gasfitting
work.
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Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 32
(5) Guidelines under subsection (2) may incorporate or
adopt guidelines, standards, or codes of practice made,
formulated, published or issued under any law of
another State or the Commonwealth, or by Standards
5 Australia, the Australian Gas Association or any other
body with such variations and modifications, if any, as
the Director specifies.
13J. Inspection Policy Statement and Plan
(1) An undertaker or pipeline licensee may prepare and
10 submit an Inspection Policy Statement and Plan (the
"Plan") to the Director for the purpose of --
(a) ensuring the safety of a consumer's gas
installations and gas appliances; and
(b) monitoring the work of those who carry out any
15 operation, work or process of the nature of
gasfitting on the gas installation of a consumer
supplied with gas ("gasfitters") from the
undertaker or pipeline licensee's distribution
system, cylinders, tanks, gas plant or pipeline.
20 (2) The Plan is to --
(a) relate to work on all types of consumers' gas
installations supplied with gas, whether new or
by way of alteration or addition; and
(b) provide for --
25 (i) measures to prevent or provide
protection from fire, explosion, and
asphyxiation; and
(ii) the investigation of incidents of fire,
explosion, or asphyxiation, including
30 incidents related to gas appliances
connected (whether or not permanently)
to consumers' gas installations, which
may have been associated with gas
page 26
Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 32
supplied by the undertaker or pipeline
licensee;
and
(c) set out a system of inspection to monitor --
5 (i) compliance by gasfitters with written
laws applicable to gasfitting on a
consumer's gas installation; and
(ii) the safety of a consumer's gas
installation and gas appliances supplied
10 with gas.
(3) A system of inspection referred to in subsection (2)(c)
must comply with such guidelines as are issued by the
Director from time to time setting out the technical,
investigative, reporting, administrative, and other
15 requirements with which the system is to comply.
(4) Within 20 working days after the submission of a Plan
under subsection (1) or a revised Plan under
section 13K(4)(b)(ii), the Director is to make a
determination in respect of the Plan or revised Plan --
20 (a) requiring further particulars to be supplied in
relation to any matter, or that other matters
specified by the Director be addressed, in a
further submission; or
(b) granting approval, or granting approval subject
25 to any condition imposed relevant to the
compliance by the undertaker or pipeline
licensee with the matters referred to in
subsection (1); or
(c) rejecting the submission, wholly or in part, and
30 requiring a further submission; or
(d) rejecting the submission,
and is to notify the undertaker or pipeline licensee in
writing of the determination.
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Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 32
(5) If the Director does not make a determination under
subsection (4) within 20 working days, the Director is
to be taken to have approved the Plan or revised Plan.
(6) If a Plan is approved, the Director may specify a period
5 not exceeding 2 years during which the system of
inspection is to operate.
(7) An approved Plan, the approval of which has not been
withdrawn by the Director, is to be made available for
public inspection at the offices of the Director with any
10 modifications that the Director considers necessary,
after consultation with relevant persons, to protect
commercial information.
13K. Inspections under the Plan
(1) Whether or not any inspection required to be carried
15 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
20 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
25 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
30 carried out --
(a) after the installation has, or appliances have,
been permanently supplied with gas; or
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Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 32
(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
5 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
10 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
15 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,
20 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
25 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
30 practice of that undertaker or pipeline licensee
if it is found by the Director not to conform
with the approved plan; or
page 29
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 32
(b) require the gas undertaker or pipeline
licensee --
(i) to review those practices, or such of
those practices as are specified in the
5 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
10 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
15 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
20 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
25 granting of the approved plan was subject,
commits an offence.
Penalty: $250 000.
13L. Director's guidelines
(1) Before completing the formulation of guidelines
30 referred to in section 13J(3) the Director must consult
page 30
Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 32
relevant persons in relation to the proposed guidelines
to such an extent as the Director considers appropriate.
(2) Guidelines may specify policies or standards to be
observed, methods, practices and procedures to be
5 followed, and measures to be taken with respect to
inspections.
(3) Guidelines under section 13J(3) may incorporate or
adopt guidelines, standards or codes of practice made,
formulated, published or issued under any law of
10 another State or the Commonwealth, or by Standards
Australia, the Australian Gas Association or any other
body with such variations and modifications, if any, as
the Director specifies.
13M. Review of certain decisions of the Director
15 (1) An undertaker or pipeline licensee aggrieved by a
determination of the Director under section 13J(4) may
apply in writing to the Director for a review of the
determination.
(2) The application is to be made within 14 days after the
20 applicant receives a notification of the determination or
within such further period as the Director in a
particular case allows.
(3) The Director must give the applicant a reasonable
opportunity to make submissions in relation to the
25 application.
(4) The Director, after considering submissions (if any)
made under subsection (3), may determine the
application by --
(a) confirming the determination; or
30 (b) varying the determination; or
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Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 32
(c) cancelling the determination and making a new
determination under section 13J(4), which
determination is not subject to review under
this section.
5 (5) The Director must give the applicant written notice of
his or her determination.
13N. Review of determinations of Director under
section 13M
(1) Any person aggrieved by a determination of the
10 Director under section 13M(4) may --
(a) if a question of law is involved, apply to the
State Administrative Tribunal for a review of
the decision; or
(b) in any other case, appeal in the prescribed
15 manner to a technical review panel appointed
under the regulations.
(2) If a determination is sent back to the Director under
section 29(3)(c)(ii) of the State Administrative Tribunal
Act 2004 for reconsideration --
20 (a) the Director is to make a new determination
under section 13J(4) in accordance with any
directions or recommendations of the State
Administrative Tribunal within 20 working
days of the day on which the Director receives
25 notice of the Tribunal's decision; and
(b) the new determination is not subject to review
under section 13M; and
(c) section 29(4) of the State Administrative
Tribunal Act 2004 does not apply in relation to
30 the new determination.
(3) On an appeal made under subsection (1)(b) the
technical review panel may confirm, cancel or vary the
page 32
Gas and Electricity Safety Legislation Amendment Bill 2006
Gas Standards Act 1972 amended Part 4
s. 33
determination and the decision of the technical review
panel is final.
(4) If the technical review panel cancels a determination,
the Director may make a new determination in
5 accordance with the panel's decision under
section 13J(4) within 20 working days of the day on
which the Director receives notice of the panel's
decision, which determination is not subject to review
under section 13M.
10 (5) If an application for review or an appeal has been made
under subsection (1) in relation to a determination, the
State Administrative Tribunal or the technical review
panel, as the case may be, may suspend the operation
or effect of the determination until the determination of
15 the review or appeal.
(6) If the technical review panel confirms a determination
under subsection (3), the appellant is liable to pay the
reasonable costs of the review.
(7) Any costs payable by the appellant under subsection (6)
20 are recoverable by the Director in a court of competent
jurisdiction as a debt due to the State.
".
33. Section 14 amended
Section 14(1) is amended by deleting "of $2 000." and inserting
25 instead --
"
, in the case of an individual, of $50 000 and, in the
case of a body corporate, of $250 000.
".
page 33
Gas and Electricity Safety Legislation Amendment Bill 2006
Part 4 Gas Standards Act 1972 amended
s. 34
34. Section 15 amended
Section 15(2) is amended as follows:
(a) after paragraph (h) by deleting the full stop and
inserting --
5 "
; and
(i) providing for --
(i) the convening of a technical review
panel of independent professional
10 engineers; and
(ii) the procedure to be followed on a
review by a technical review panel and
the period of time within which a
review is to be completed; and
15 (iii) the payment of remuneration to
members of a technical review panel.
";
(b) after each of paragraphs (a) to (f) by inserting --
" and ".
20
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