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PARLIAMENT OF VICTORIA Gas Industry Acts (Amendment) Act 2000 Act No. TABLE OF PROVISIONS Clause Page PART 1--PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2--AMENDMENT OF GAS INDUSTRY ACT 1994 3 3. Definition 3 4. Non-franchise customer 3 5. Functions and powers of VENCorp 3 6. Tariff Order 4 7. New section 48AA inserted 4 48AA. Regulation of tariffs for prescribed customers 4 8. Licence exemptions 6 9. Conditions on licences 6 10. New sections 48GB and 48GC inserted 8 48GB. Conditions relating to retail gas market 8 48GC. Condition restricting sale to certain customers 8 11. Section 48M repealed 9 12. New Division 2A inserted in Part 4A 9 Division 2A--Terms and Conditions of Sale and Supply of Gas 9 48MA. Offer to domestic or small business customers 9 48MB. Terms and conditions of contracts for sale of gas to certain customers 11 48MC. Deemed contracts with former franchise customers 13 48MD. Variation of contracts with former franchise customers 14 48ME. Deemed contracts for supply and sale for certain domestic or small business customers 14 48MF. Deemed contracts for supply and sale for certain relevant customers 15 13. New Division 3A inserted in Part 4A 16 i 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Clause Page Division 3A--Community Services Agreements 16 48TAA. Community services 16 48TAB. Transitional provision relating to community services 17 48TAC. ORG may determine certain matters 18 14. New section 48TC inserted 19 48TC. Costs of VENCorp 19 15. Section 56 repealed 20 PART 3--AMENDMENT OF GAS SAFETY ACT 1997 21 16. Definitions 21 17. Objectives of the Office 21 18. Functions 21 19. Corporate plan 22 20. Statement of corporate intent: contents 23 21. Office to act in accordance with corporate plan 23 22. New section 69A inserted 23 69A. Declaration of non-acceptance of appliance 23 23. Offence to install or commission certain types of Type A appliances 24 24. Offence to supply or sell unaccepted appliances 24 25. New sections 71A to 71C inserted 25 71A. Offence to sell unsafe appliances 25 71B. False labelling in relation to Type A appliances 26 71C. Unsafe modifications to Type A appliances 27 26. New section 76 substituted 27 76. Prohibition of supply or sale of gas installations, appliances and components 28 27. Offence to disobey prohibition 29 28. New section 78 substituted 29 78. Recall of gas installations, appliances or components 30 29. Section 79A repealed and New Division 6 of Part 3 inserted 32 Division 6--Further offences relating to gas safety 32 79A. Supply or sale of certain types of liquefied petroleum gas 32 79B. Interference with gas company pipelines 33 79C. Interference with transmission pipelines 33 79D. Interference with gas pipeline installation or meter assembly 34 30. New Part 3A inserted 34 PART 3A--ENERGY EFFICIENCY 34 ii 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Clause Page 79E. Proclaimed gas equipment 35 79F. Proclaimed gas equipment not to be supplied unless registered and labelled 35 31. Right of appeal 35 32. Inspectors 35 33. Powers of entry 36 34. New section 117AA inserted 37 117AA. Period within which proceedings for offences may be brought 38 35. New Part 6A inserted 38 PART 6A--INFRINGEMENT NOTICES 38 117AB. Definition 38 117AC. Power to serve a notice 38 117AD. Form of notice 38 117AE. Infringement penalties 39 117AF. Late payment of penalty 40 117AG. Withdrawal of notice 40 117AH. Payment expiates offence 41 117AI. Payment not to have certain consequences 41 117AJ. Prosecution after service of infringement notice 41 117AK. Enforcement of infringement penalty 42 36. Regulations relating to energy efficiency for proclaimed gas equipment 42 37. Repeal of spent provisions 44 PART 4--AMENDMENT OF OTHER ACTS 45 38. Amendment of Building Act 1993 45 39. Amendment of Dangerous Goods Act 1985 45 40. Amendment of Office of the Regulator-General Act 1994 45 ENDNOTES 46 iii 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
PARLIAMENT OF VICTORIA Initiated in Assembly 1 November 2000 A BILL to amend the Gas Industry Act 1994 to further regulate the gas industry, to amend the Gas Safety Act 1997 and other Acts and for other purposes. Gas Industry Acts (Amendment) Act 2000 The Parliament of Victoria enacts as follows: PART 1--PRELIMINARY 1. Purposes The main purposes of this Act are-- (a) to amend the Gas Industry Act 1994 to 5 further regulate the gas industry; and 1 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 2 Act No. (b) to amend the Gas Safety Act 1997 to improve the operation of that Act. 2. Commencement (1) This Part comes into operation on the day on 5 which this Act receives the Royal Assent. (2) Section 4 is deemed to have come into operation on 1 September 2000. (3) The remaining provisions of this Act come into operation on a day or days to be proclaimed. 10 (4) If a provision referred to in sub-section (3) does not come into operation before 31 December 2001, it comes into operation on that day. _______________ 2 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 3 Act No. PART 2--AMENDMENT OF GAS INDUSTRY ACT 1994 See: 3. Definition 112/1994 Reprint No. 3 In section 3 of the Gas Industry Act 1994 as at insert-- 11 May 1999 and 5 ' "franchise customer" means a customer other amending Act Nos than a non-franchise customer;'. 31/1995, 91/1997, 31/1998, 40/1998, 91/1998, 96/1998, 36/1999 39/1999 and 58/1999. LawToday: www.dms. dpc.vic. gov.au 4. Non-franchise customer (1) In section 6B(1)(d) of the Gas Industry Act 1994 for "5000 GJ" (where twice occurring) substitute 10 "10 000 GJ (or such lesser amount as is specified by Order under sub-section (4A))". (2) In section 6B of the Gas Industry Act 1994 after sub-section (4) insert-- "(4A) The Governor in Council may, by Order 15 published in the Government Gazette, specify an amount of gas that is less than 10 000 GJ and equal to or more than 5000 GJ for the purposes of sub-section (1)(d)(i) and (ii).". 20 5. Functions and powers of VENCorp In section 16C(1) of the Gas Industry Act 1994 after paragraph (i) insert-- "(ia) to facilitate the implementation and operation of, and to provide services in 3 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 6 Act No. connection with, arrangements for competition in the retail gas market in Victoria;". 6. Tariff Order 5 (1) In section 48A(1) of the Gas Industry Act 1994 paragraph (a) is repealed. (2) After section 48A(9) of the Gas Industry Act 1994 insert-- "(10) Despite sub-section (8), an Order made 10 under sub-section (1) may be amended from time to time by Order made under that sub- section so as to extend the application of the Order to additional gas retailers and additional gas distribution companies.". 15 7. New section 48AA inserted After section 48A of the Gas Industry Act 1994 insert-- '48AA. Regulation of tariffs for prescribed customers 20 (1) The Governor in Council may, by Order published in the Government Gazette, regulate, in such manner and in relation to such period as the Governor in Council thinks fit, tariffs for the sale of gas to 25 prescribed customers or a class of prescribed customers. (2) Without limiting the generality of sub- section (1), the manner may include-- (a) fixing the tariff or the rate of increase 30 or decrease in the tariff; (b) fixing a maximum tariff or maximum rate of increase or minimum rate of decrease in the maximum tariff; 4 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 7 Act No. (c) fixing an average tariff or an average rate of increase or decrease in the average tariff; (d) specifying policies and principles for 5 fixing tariffs; (e) specifying a tariff determined by reference to a general price index, the cost of production, a rate of return on assets employed or any other specified 10 factor; (f) specifying a tariff determined by reference to any one or more of the following-- (i) a prescribed customer or class of 15 prescribed customers; (ii) a person or a class of persons authorised to sell gas; (iii) the purpose for which the gas is used; 20 (iv) the quantity of gas used; (v) the period of use; (vi) the place of supply; (vii) any other specified factor relevant to the sale of gas. 25 (3) An Order under sub-section (1) may direct ORG to make a determination under the Office of the Regulator-General Act 1994 in respect of such factors and matters or in accordance with such procedures, matters or 30 bases as are specified in the Order, or both. 5 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 8 Act No. (4) An Order under sub-section (1) has effect as from the date specified in the Order as if the tariffs to which the Order applies were prices determined by ORG. 5 (5) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons specified in the Order is, for the purposes of this section, a prescribed customer or class of 10 prescribed customers. (6) In this section-- "prescribed customer" means a person, or a member of a class of persons, to whom an Order under sub-section (5) 15 applies. (7) This section, and any Order made under this section and in force immediately before that date, expire on 31 August 2004.'. 8. Licence exemptions 20 After section 48C(3) of the Gas Industry Act 1994 insert-- "(4) An Order under sub-section (1) may confer powers and functions on, and leave any matter to be determined by, ORG.". 25 9. Conditions on licences (1) In section 48F(4) of the Gas Industry Act 1994 for paragraph (c) substitute-- "(c) requiring the licensee to observe specified Orders in Council and specified industry 30 codes, standards, rules and guidelines with such modifications and exemptions as may be determined by ORG; (ca) requiring a gas retailer to inform customers from time to time of the arrangements in 6 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 9 Act No. place or proposed to be in place to allow them to elect to become a customer of another gas retailer; (cb) requiring a gas retailer to give notice to 5 customers of the existence of deemed contracts under sections 48ME and 48MF and the methods by which those contracts may be terminated and requiring the gas retailer to provide for cooling-off periods 10 approved by ORG for the termination of those contracts;". (2) In section 48F(4) of the Gas Industry Act 1994 paragraph (k) is repealed. (3) After section 48F(4)(m) of the Gas Industry Act 15 1994 insert-- "(ma) subject to section 48TAA, requiring a gas retailer to enter into an agreement with the State for the provision of community services;". 20 (4) In section 48F of the Gas Industry Act 1994 for sub-sections (6) and (7) substitute-- "(6) If a licence is subject to a condition of a kind referred to in sub-section (4)(c), ORG-- (a) may, in accordance with procedures 25 specified by ORG, amend the specified industry codes, standards, rules or guidelines, or a document referred to in any of them, for the purposes of their application under the licence; 30 (b) may resolve, or seek to resolve, disputes between the licensee and any other person relating to the specified industry codes, standards, rules or guidelines, or a document referred to in 7 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 10 Act No. any of them, as they apply under the licence. (7) If ORG amends an industry code, standard, rule or guideline or a document under sub- 5 section (6), ORG may at the same time, in accordance with procedures specified by ORG, amend that code, standard, rule, guideline or document for the purposes of their application otherwise than under the 10 licence.". 10. New sections 48GB and 48GC inserted After section 48GA of the Gas Industry Act 1994 insert-- "48GB. Conditions relating to retail gas market 15 A licence is deemed to include the following conditions-- (a) requiring the licensee to observe guidelines issued by, or other requirements of, ORG in connection 20 with the transition of customers to competition in the retail gas market; (b) requiring the licensee to participate in a scheme or schemes required and approved by ORG or approved by ORG 25 for the development and implementation of rules concerning the operation of the retail gas market. 48GC. Condition restricting sale to certain customers 30 (1) A licence to sell gas by retail is deemed to include a condition prohibiting the licensee from selling gas by retail to persons or classes of persons specified by Order under this section for the period or periods 8 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 11 Act No. specified in the Order in respect of those persons. (2) The Governor in Council may by Order published in the Government Gazette specify 5 persons or classes of persons and periods for the purposes of this section. (3) An Order under sub-section (2) may specify a class of persons by reference to all or any of the following-- 10 (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; (c) the quantity of gas used; (d) the period of use; (e) the place of supply; 15 (f) any other specified factor relevant to the sale of gas. (4) This section expires on 31 August 2004.". 11. Section 48M repealed Section 48M of the Gas Industry Act 1994 is 20 repealed. 12. New Division 2A inserted in Part 4A After Division 2 of Part 4A of the Gas Industry Act 1994 insert-- 'Division 2A--Terms and Conditions of Sale 25 and Supply of Gas 48MA. Offer to domestic or small business customers (1) Without limiting the generality of section 48F, the conditions to which a licence to sell 30 gas by retail, (being a licence under which gas may be sold to domestic or small 9 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 12 Act No. business customers), is subject, include a condition requiring the licensee to offer to supply and sell gas to domestic or small business customers, subject to this section 5 and to any Order in force under section 48AA and to the conditions of its licence-- (a) at tariffs determined by the licensee and published by the licensee in the Government Gazette at least 2 months 10 before they take effect; and (b) on terms and conditions determined by the licensee and approved by ORG and published by the licensee in the Government Gazette at least 2 months 15 before they take effect. (2) The terms and conditions determined by the licensee for the purposes of sub-section (1) must not be inconsistent with the terms and conditions determined by ORG under section 20 48MB(1). (3) The tariffs determined by a licensee and published in the Government Gazette under sub-section (1) may be varied by notice published by the licensee in the Government 25 Gazette not less than 2 months before the variation is to take effect. (4) The terms and conditions determined by a licensee and published in the Government Gazette under sub-section (1) may, with the 30 approval of ORG, be varied by notice published by the licensee in the Government Gazette not less than 2 months before the variation is to take effect. (5) The Governor in Council may, by Order 35 published in the Government Gazette, declare that a person or class of persons 10 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 12 Act No. specified in the Order is, for the purposes of this section, a domestic or small business customer or class of domestic or small business customers. 5 (6) An Order under sub-section (5) may specify a class of persons by reference to all or any of the following-- (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; 10 (c) the quantity of gas used; (d) the period of use; (e) the place of supply; (f) any other specified factor relevant to the sale of gas. 15 (7) An Order under sub-section (5) may confer powers and functions on, and leave any matter to be determined by, ORG. (8) In this section-- "domestic or small business customer" 20 means a person, or a member of a class of persons, to whom an Order under sub-section (5) applies. (9) This section expires on 31 August 2004. 48MB. Terms and conditions of contracts for sale 25 of gas to certain customers (1) A term or condition in a contract for the supply or sale of gas by a licensee to a relevant customer (whether entered into before, on or after 1 September 2001) is void 30 to the extent that it is inconsistent with-- (a) terms and conditions determined by ORG that-- 11 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 12 Act No. (i) specify the circumstances in which the supply of gas to premises may be disconnected; and 5 (ii) require the licensee to provide information specified by ORG about the rights and entitlements of customers; and (iii) specify the circumstances in 10 which the licensee requires access to premises of customers for the purpose of reading meters or otherwise; and (iv) make provision for confidentiality 15 of customer information; and (b) any other terms and conditions determined by ORG and provided for in the licence of the licensee. (2) If a term or condition of a contract is void 20 pursuant to sub-section (1) because of an inconsistency with a term or condition referred to in sub-section (1)(a) or (b), that term or condition referred to in sub-section (1)(a) or (b) is deemed to form part of that 25 contract in place of the void term or condition. (3) The Governor in Council may, by Order published in the Government Gazette, declare that a person or class of persons 30 specified in the Order is, for the purposes of this section, a relevant customer or class of relevant customers. (4) An Order under sub-section (3) may specify a class of persons by reference to all or any 35 of the following-- 12 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 12 Act No. (a) the person authorised to sell the gas; (b) the purpose for which the gas is used; (c) the quantity of gas used; (d) the period of use; 5 (e) the place of supply; (f) any other specified factor relevant to the sale of gas. (5) An Order under sub-section (3) may confer powers and functions on, and leave any 10 matter to be determined by, ORG. (6) In this section-- "relevant customer" means a person, or a member of a class of persons, to whom an Order under sub-section (3) applies. 15 (7) This section expires on 31 August 2004. 48MC. Deemed contracts with former franchise customers (1) If a person-- (a) was a franchise customer immediately 20 before 1 September 2001; and (b) has not entered into a new contract with a licensee which takes effect on or after that date-- there is deemed to be a contract between that 25 person and the licensee of which the person was a customer immediately before that date for the sale of gas at the tariff determined by the licensee in accordance with any Order in force under section 48AA or, if there is no 30 such Order, at tariffs determined by the licensee and published by the licensee in the Government Gazette at least 2 months before 13 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 12 Act No. they take effect and otherwise on the terms and conditions applying to that licensee under section 48MA. (2) The deemed contract continues until-- 5 (a) the contract is terminated; or (b) if the customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, the date of taking effect of 10 that new contract-- whichever first occurs. (3) This section expires on 31 August 2004. 48MD. Variation of contracts with former franchise customers 15 A licensee may, subject to any Order in force under section 48AA, vary any tariffs determined by the licensee under section 48MC and the terms and conditions of its contracts under section 48MC by notice 20 published-- (a) in the Government Gazette; and (b) in a newspaper circulating generally in Victoria-- not less than 2 months before the variations 25 take effect but not so that the terms and conditions, as varied, are inconsistent with the terms and conditions determined by ORG under section 48MB(1). 48ME. Deemed contracts for supply and sale for 30 certain domestic or small business customers (1) If-- 14 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 12 Act No. (a) a person commences to take a supply of gas at premises from a licensee without notice being first given to the licensee last responsible for the supply and sale 5 of gas to those premises; and (b) that person is a domestic or small business customer within the meaning of section 48MA-- there is deemed on the commencement of 10 that supply to be a contract between the licensee and that person for the supply and sale of gas at the tariffs and on the terms and conditions offered by the licensee in accordance with section 48MA for the 15 supply and sale of gas by the licensee to domestic or small business customers at those premises. (2) The deemed contract continues until-- (a) the contract is terminated; or 20 (b) if the domestic or small business customer enters into a new contract for the purchase of gas from the licensee in respect of the same premises, the date of taking effect of that new contract-- 25 whichever first occurs. 48MF. Deemed contracts for supply and sale for certain relevant customers (1) If-- (a) a person commences to take a supply of 30 gas at premises from a licensee without notice being first given to the licensee last responsible for the supply and sale of gas to those premises; and 15 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 13 Act No. (b) that person is a relevant customer within the meaning of section 48MB-- there is deemed on the commencement of that supply to be a contract between the 5 licensee and that person for the supply and sale of gas at the tariffs and on the terms and conditions offered by the licensee in accordance with section 48MA for the supply and sale of gas by the licensee at 10 those premises. (2) The deemed contract continues until-- (a) the contract is terminated; or (b) if the relevant customer enters into a new contract for the purchase of gas 15 from the licensee in respect of the same premises, the date of taking effect of that new contract-- whichever first occurs.'. 13. New Division 3A inserted in Part 4A 20 After Division 3 of Part 4A of the Gas Industry Act 1994 insert-- "Division 3A--Community Services Agreements 48TAA. Community services 25 (1) An agreement by a gas retailer with the State for the provision of community services is an agreement for a term of not less than 5 years for the provision by the gas retailer of gas to a class of domestic customers specified by 30 the Secretary to the Department of Human Services-- 16 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 13 Act No. (a) at such concessional rates and in such manner and at such times as are determined by the Secretary; and (b) on such other terms and conditions as 5 are agreed between the retailer and the State or, in default of agreement, as are determined by the Secretary. (2) In determining terms and conditions under sub-section (1)(b), the Secretary must have 10 regard to the risks and costs associated with the obligations imposed on the gas retailer under the agreement. 48TAB. Transitional provision relating to community services 15 (1) An agreement to which this section applies that, but for this section, would cease to have effect on 31 August 2001 continues in force until the expiration of the prescribed period or terminated upon the making of a new 20 agreement by the gas retailer with the State for the provision of community services by way of the provision of gas to certain customers, whichever first occurs. (2) The prescribed period is the period ending 25 on 31 December 2001 or such other date, not later than 31 March 2002, as is agreed between the gas retailer and the Secretary to the Department of Human Services. (3) If a new agreement is not made between the 30 gas retailer and the State before the expiration of the prescribed period, an agreement is deemed to have been entered into on terms and conditions determined by the Secretary in accordance with section 35 48TAA. 17 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 13 Act No. (4) This section applies to an agreement in force before 1 September 2001 under which a gas retailer agrees with the State to provide certain community services by way of the 5 provision of gas to customers. 48TAC. ORG may determine certain matters (1) ORG, at the request of the Secretary to the Department of Human Services or a gas retailer, may-- 10 (a) determine matters referred by the Secretary or gas retailer for determination for the purposes of making an agreement referred to in section 48TAA or 48TAB; or 15 (b) if an agreement referred to in section 48TAA or 48TAB has been entered into or deemed to be entered into on terms and conditions determined by the Secretary under section 48TAA, 20 determine matters relating to those terms and conditions (including the variation of any of those terms and conditions) referred by the Secretary or gas retailer for determination. 25 (2) A request relating to a term or condition determined by the Secretary under section 48TAA must be made within one month after notice of the determination is given. (3) A determination by ORG on matters referred 30 under sub-section (1) is binding on the parties to the agreement. (4) If a determination of ORG on matters referred under sub-section (1) varies a term or condition of an agreement, that agreement 18 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 14 Act No. is deemed to be so varied on that determination being made. (5) The matters which may be referred to ORG under this section do not include-- 5 (a) any matters relating to the class of domestic customers specified by the Secretary under section 48TAA; or (b) any matters determined by the Secretary under section 48TAA.". 10 14. New section 48TC inserted After section 48TB of the Gas Industry Act 1994 insert-- "48TC. Costs of VENCorp (1) A gas retailer must pay to VENCorp at such 15 time or times as VENCorp determines, such amount or amounts (if any) as VENCorp determines to be payable by that gas retailer in respect of the costs incurred by VENCorp in relation to the implementation and 20 operation of, and the provision of services in connection with, arrangements for competition in the retail gas market in Victoria. (2) A determination may be made under sub- 25 section (1) in respect of costs incurred by VENCorp before, on or after the date of the determination. (3) VENCorp must not make a determination under sub-section (1) unless it has first been 30 approved by ORG.". 19 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 15 Act No. 15. Section 56 repealed Section 56 of the Gas Industry Act 1994 is repealed. _______________ 5 20 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 16 Act No. PART 3--AMENDMENT OF GAS SAFETY ACT 1997 See: 16. Definitions Act No. 99/1997. In section 3 of the Gas Safety Act 1997, at the Reprint No. 1 end of the section insert-- as at 31 December 5 '(2) In the definition of "gas installation", a 1999. LawToday: reference to gas includes, in relation to www.dms. liquefied petroleum gas, that gas in its liquid dpc.vic. gov.au phase.'. 17. Objectives of the Office 10 In section 10 of the Gas Safety Act 1997, after paragraph (c) insert-- "; and (d) to promote awareness of energy efficiency through energy efficiency labelling of gas 15 installations, appliances and components and energy efficiency regulation of gas installations, appliances and components.". 18. Functions In section 11 of the Gas Safety Act 1997, after 20 paragraph (c) insert-- "(ca) to monitor compliance of gas companies with accepted safety cases; (cb) to audit accepted safety cases to determine the adequacy and effectiveness of those 25 safety cases; (cc) to administer the prescribed minimum standards for energy efficiency of gas installations, appliances and components; (cd) to inspect and test gas installations, 30 appliances and components for compliance with the specified minimum standards for energy efficiency;". 21 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 19 Act No. 19. Corporate plan (1) In section 22(2) of the Gas Safety Act 1997 omit "and the Treasurer". (2) In section 22(3) of the Gas Safety Act 1997-- 5 (a) omit "and the Treasurer"; (b) in paragraph (b), omit "the Treasurer or"; (c) in paragraph (c), for "Treasurer" substitute "Minister". (3) In section 22 of the Gas Safety Act 1997, for sub- 10 section (4) substitute-- "(4) The Office must consider any comments on the proposed plan that are made to it by the Minister within 2 months after the plan was submitted to the Minister.". 15 (4) In section 22(5) of the Gas Safety Act 1997-- (a) in paragraphs (a) and (c), omit "the Treasurer and"; (b) in paragraph (b), omit "the Treasurer,". (5) In section 22(6) of the Gas Safety Act 1997 omit 20 ", the Treasurer". (6) In section 22(7) and (10) of the Gas Safety Act 1997 omit "the Treasurer and". (7) In section 22 of the Gas Safety Act 1997, for sub- section (8) substitute-- 25 "(8) If the Office, by written notice to the Minister, proposes a modification of the plan, the Office may, within 14 days, make the modification unless the Minister, by written notice to the Office, directs the 30 Office not to make it.". 22 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 20 Act No. (8) In section 22(9) of the Gas Safety Act 1997, for "The Treasurer or the Minister" substitute "The Minister". 20. Statement of corporate intent: contents 5 In section 23 of the Gas Safety Act 1997-- (a) in paragraph (e), omit "the Treasurer and"; (b) in paragraph (f), omit "the Treasurer,". 21. Office to act in accordance with corporate plan In section 24 of the Gas Safety Act 1997 omit 10 "and the Treasurer". 22. New section 69A inserted After section 69 of the Gas Safety Act 1997 insert-- "69A. Declaration of non-acceptance of appliance 15 (1) The Office may, by notice published in the Government Gazette, declare that an appliance or class of appliances is no longer accepted for the purposes of this Act. (2) If a notice under this section relates to a class 20 of appliances, the Office must also publish that notice in a newspaper circulating generally in the State. (3) If a notice under this section relates to a particular appliance, the Office must also 25 notify, in writing, the owner of the appliance or the occupier of the premises in which that appliance is installed of that notice. (4) The Office may make a declaration under this section only if it appears to the Office 30 that the appliance or class of appliances is, or is likely to be, unsafe to use. 23 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 23 24 Act No. (5) On publication of the notice in the Government Gazette, the appliance or class of appliances is, while the notice is in force, deemed as the case requires-- 5 (a) not to be accepted under an acceptance scheme authorised under this Division; or (b) not to be accepted by the Office under this Division.". 10 23. Offence to install or commission certain types of Type A appliances In section 70 of the Gas Safety Act 1997, at the end of the section insert-- "(2) Sub-section (1) does not apply to a person 15 who installs a Type A appliance of a prescribed class after an application is made for acceptance of the appliance-- (a) under an acceptance scheme authorised under this Division; or 20 (b) by the Office under this Division. (3) A person must not commission for use a Type A appliance that is installed in accordance with sub-section (2) unless the appliance has been accepted-- 25 (a) under an acceptance scheme authorised under this Division; or (b) by the Office under this Division. Penalty: In the case of a natural person, 40 penalty units; 30 In the case of a body corporate, 200 penalty units.". 24. Offence to supply or sell unaccepted appliances 24 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Act No. In section 71 of the Gas Safety Act 1997, at the end of the section insert-- "(2) Sub-section (1) does not apply to a person who supplies or offers to supply or sells or 5 offers to sell a Type A appliance of a class prescribed for the purposes of section 70(2) if an application for acceptance-- (a) under an acceptance scheme authorised under this Division; or 10 (b) by the Office under this Division-- has been made for that appliance before that appliance is supplied or sold or offered for supply or sale. (3) If sub-section (2) applies to an appliance, a 15 person must not supply or offer to supply or sell or offer to sell that appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of sections 70 and 72. 20 Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units.". 25. New sections 71A to 71C inserted 25 After section 71 of the Gas Safety Act 1997 insert-- '71A. Offence to sell unsafe appliances 25 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 25 Act No. (1) A person must not knowingly, recklessly or negligently supply or offer to supply or sell or offer to sell an appliance that is unsafe. Penalty: In the case of a natural person, 5 40 penalty units; In the case of a body corporate, 200 penalty units. (2) Sub-section (1) does not apply to a person who-- 10 (a) supplies or offers to supply or sells or offers to sell the appliance to an appliance refurbisher and repairer; and (b) the person informs the appliance refurbisher and repairer, before the 15 appliance is supplied or sold or offered for supply or sale, that the appliance is unsafe. (3) In this section-- "appliance refurbisher and repairer" 20 means a person who carries on the business of repairing, rebuilding or refurbishing appliances. 71B. False labelling in relation to Type A appliances 25 A person must not, in connection with the supply or possible supply or sale of a Type A appliance, affix a label or compliance plate to the appliance that falsely represents that the appliance has been, and continues to 30 be-- (a) accepted under an acceptance scheme authorised under this Division; or (b) accepted by the Office under this Division. 26 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 25 26 Act No. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 5 71C. Unsafe modifications to Type A appliances (1) A person must not knowingly, recklessly or negligently make a modification to a Type A appliance that would make the appliance unsafe to use if the appliance were used for 10 its intended purpose. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. 15 (2) This section does not apply to a temporary modification made by a person in the course of-- (a) a process of manufacture or assembly of an appliance; or 20 (b) carrying out repair or maintenance work on an appliance; or (c) rebuilding or refurbishing an appliance-- provided the appliance is safe to use for its 25 intended purpose at the end of the process of manufacture or assembly, the carrying out of the repair or maintenance work or the rebuilding or refurbishment of the appliance (as the case requires).'. 30 26. New section 76 substituted 27 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Act No. For section 76 of the Gas Safety Act 1997 substitute-- "76. Prohibition of supply or sale of gas installations, appliances and components 5 (1) The Office, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply or sale of-- (a) a gas installation or gas installations of 10 a specified class; or (b) an appliance or appliances of a specified class; or (c) a component or components of a specified class. 15 (2) A prohibition under sub-section (1) operates from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice. (3) The Office, by notice in writing given to a 20 person, may prohibit that person from supplying or selling-- (a) a gas installation or gas installations of a specified class; or (b) an appliance or appliances of a 25 specified class; or (c) a component or components of a specified class. (4) A notice given under sub-section (3) operates from the date of the notice or such 30 later date as is specified in that notice. (5) The Office may exercise a power of prohibition under this section only if it appears to the Office that-- 28 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 27 28 Act No. (a) the gas installation, appliance or component, or a gas installation, appliance or component of that class is, or is likely to become, by reason of its 5 design or construction, unsafe to use; and (b) prohibition of the supply or sale of the gas installation, appliance or component, or of all gas installations, 10 appliances or components of that class, is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that gas installation, appliance or 15 component or gas installations, appliances or components of that class. (6) The Office may withdraw a prohibition made under sub-section (1) by notice published in the Government Gazette and in a newspaper 20 circulating generally in the State. (7) The Office may withdraw a prohibition made under sub-section (3) by notice given to the person to whom the prohibition was given. (8) This section applies whether or not the gas 25 installation, appliance or component, or class of gas installations, appliances or components was accepted by the Office or accepted under an acceptance scheme authorised under this Division.". 30 27. Offence to disobey prohibition In section 77(2) of the Gas Safety Act 1997, for "76(2)" substitute "76(3)". 28. New section 78 substituted For section 78 of the Gas Safety Act 1997 35 substitute-- 29 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Act No. "78. Recall of gas installations, appliances or components (1) The Office may make a requirement under this section only if it appears to the Office 5 that-- (a) a gas installation, appliance or component is, or is likely to become, by reason of its design or construction, unsafe to use; or 10 (b) specific action is necessary-- (i) to make the gas installation, appliance or component, or gas installations, appliances or components of that class safe to 15 use; or (ii) to render safe the use of the gas installation, appliance or component, or gas installations, appliances or components of that 20 class. (2) The Office, by notice in writing served on a person whose business is or includes the supply or sale of gas installations, appliances or components and who has supplied or sold 25 the gas installation, appliance or component, or other gas installations, appliances or components of the same class, may require the person to take, within the period specified in the notice, the action specified in 30 the notice. (3) The action specified in the notice may consist of or include-- (a) sending a written request to the person to whom the gas installation, appliance 35 or component, or a gas installation, 30 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 28 Act No. appliance or component of the same class, was supplied or sold-- (i) to return the gas installation, appliance or component to the 5 place at which it was supplied or sold; or (ii) if it is not practicable to return the gas installation, appliance or component, to contact the person 10 who supplied or sold the gas installation, appliance or component; (b) placing an advertisement in a form approved by the Office in a newspaper 15 or newspapers specified by the Office for a period or periods specified by the Office, requesting all persons to whom a gas installation, appliance or component of that class was supplied or 20 sold-- (i) to return the gas installation appliance or component to the place at which it was supplied or sold; or 25 (ii) if it is not practicable to return the gas installation, appliance or component, to contact the person who supplied or sold the gas installation, appliance or 30 component; (c) making the gas installation, appliance or component, or gas installations, appliances or components of that class safe to use or rendering safe the use of 35 that gas installation, appliance or 31 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 29 Act No. component in the manner specified in the notice. (4) The Office may alter or revoke a requirement under this section by notice given to the 5 person of whom the requirement was made. (5) This section applies whether or not the gas installation, appliance or component or class of gas installations, appliances or components was accepted by the Office or 10 accepted under an acceptance scheme authorised under this Division.". 29. Section 79A repealed and New Division 6 of Part 3 inserted For section 79A of the Gas Safety Act 1997 15 substitute-- "Division 6--Further offences relating to gas safety 79A. Supply or sale of certain types of liquefied petroleum gas 20 (1) A person, other than a gas company, must not knowingly supply or offer to supply or sell or offer to sell any type of liquefied petroleum gas for use in an appliance unless-- 25 (a) that gas meets the prescribed standards of quality; and (b) the appliance is designed to be operated on that type of gas; and (c) the person complies with the prescribed 30 requirements in relation to the supply or sale of that gas. Penalty: In the case of a natural person, 40 penalty units; 32 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 29 Act No. In the case of a body corporate, 200 penalty units. (2) This section does not apply to a prescribed appliance or class of appliances. 5 79B. Interference with gas company pipelines A person must not carry out any excavation or boring or open any ground so as to uncover or expose any pipeline owned or operated by a gas company unless-- 10 (a) the person has the authority of that gas company to do so; or (b) if notice of the person's intention to do so is required to be given to that gas company under the regulations, the 15 person gives that notice. Penalty: In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. 20 79C. Interference with transmission pipelines (1) A person must not carry out any excavation or boring or open any ground within 3 metres of a transmission pipeline unless-- (a) the person has the authority of the gas 25 company which owns or operates the transmission pipeline to do so; or (b) if notice of the person's intention to do so is required to be given to that gas company under the regulations, the 30 person gives that notice. Penalty: In the case of a natural person, 20 penalty units; 33 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 29 30 Act No. In the case of a body corporate, 100 penalty units. (2) This section does not apply to-- (a) an owner or occupier of any land on or 5 under which the transmission pipeline is situated or passes if the owner or occupier excavates or bores or opens ground to a depth of not more than 300 millimetres in that land; or 10 (b) a person who, on behalf of an owner or occupier of any land on or under which the transmission pipeline is situated or passes, excavates or bores or opens ground to a depth of not more than 15 300 millimetres in that land. 79D. Interference with pipeline, gas installation or meter assembly (1) A person must not knowingly, recklessly or negligently break, injure, open or tamper 20 with any pipeline, gas installation or meter assembly. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 25 200 penalty units. (2) This section does not apply to any person lawfully carrying out gas work in respect of the pipeline, gas installation or meter assembly.". 30 30. New Part 3A inserted Before Part 4 of the Gas Safety Act 1997 insert-- "PART 3A--ENERGY EFFICIENCY 34 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 32 Act No. 79E. Proclaimed gas equipment The Governor in Council, by Order published in the Government Gazette, may declare that any class, description or type of 5 gas installation, appliance or component is, from a date specified in the Order, proclaimed gas equipment for the purposes of this Part. 79F. Proclaimed gas equipment not to be 10 supplied unless registered and labelled A person must not, after the date specified in the Order, supply or offer to supply proclaimed gas equipment unless the equipment is registered and labelled in 15 accordance with the regulations relating to energy efficiency. Penalty: 50 penalty units.". 31. Right of appeal In section 81 of the Gas Safety Act 1997-- 20 (a) after sub-section (2)(c) insert-- "(ca) a declaration under section 69A that an appliance or class of appliances is no longer accepted;"; (b) in sub-section (5), after "refusal" insert 25 ", declaration". 32. Inspectors In section 86 of the Gas Safety Act 1997, for sub- section (4) substitute-- 35 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Act No. "(4) An inspector must produce his or her identity card for inspection-- (a) before performing a function under this Act or the Gas Industry Act 1994; and 5 (b) at any time during the performance of a function under this Act or the Gas Industry Act 1994, if asked to do so. Penalty: 10 penalty units.". 33. Powers of entry 10 (1) In section 87(1) of the Gas Safety Act 1997, after paragraph (b) insert-- "; or (c) monitoring the safety of gas installations; or (d) determining compliance with this Act or the 15 regulations.". (2) After section 87(1) of the Gas Safety Act 1997 insert-- "(1A) An inspector must obtain the prior written consent of the Office before each exercise of 20 a power under this section for a purpose set out in sub-section (1)(c) or (d).". (3) In section 87(2) of the Gas Safety Act 1997, for "An inspector" substitute "Subject to sub-section (2A), an inspector". 25 (4) After section 87(2) of the Gas Safety Act 1997 insert-- "(2A) An inspector may not, for a purpose set out in sub-section (1)(c) or (d), enter-- 36 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 33 34 Act No. (a) a residence; or (b) land (other than land that is used for a commercial or industrial purpose) on which a residence is situated.". 5 (5) After section 87(5) of the Gas Safety Act 1997 insert-- "(6) If an inspector exercises a power of entry under this section, without the owner or occupier being present, the inspector must-- 10 (a) on leaving the land or premises, leave a notice setting out-- (i) the time of entry; and (ii) the purpose of entry; and (iii) a description of all things done 15 while on the land or premises; and (iv) the time of departure; and (v) the procedure for contacting the Office for further details of the entry; and 20 (b) post a copy of that notice-- (i) to the owner of the land or premises, if the identity and address of that owner are known to the inspector; and 25 (ii) to the occupier of the land or premises, if the identity and address of that occupier are known to the inspector.". 34. New section 117AA inserted 30 After section 117 of the Gas Safety Act 1997 insert-- 37 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Act No. "117AA. Period within which proceedings for offences may be brought Despite anything to the contrary in any Act, proceedings for an offence against this Act 5 or the regulations may be commenced within the period of 3 years after the commission of the alleged offence.". 35. New Part 6A inserted After Part 6 of the Gas Safety Act 1997 insert-- 10 'PART 6A--INFRINGEMENT NOTICES 117AB. Definition In this Part-- "prescribed offence" means an offence against section 71(1), 71(3), 71B, 15 72(1), 72(2), 79B or 79C(1). 117AC. Power to serve a notice (1) An inspector may serve an infringement notice on any person that he or she has reason to believe has committed a prescribed 20 offence. (2) An infringement notice may be served on a person-- (a) by delivering it personally to the person; or 25 (b) by sending it by post addressed to the person's last known place of residence or business. 117AD. Form of notice An infringement notice must state-- 30 (a) the date of the notice; 38 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 35 Act No. (b) the provision of this Act that creates the offence; (c) the nature, and a brief description, of the alleged offence; 5 (d) the date, time and place of the alleged offence; (e) the infringement penalty for the alleged offence; (f) the manner in which the infringement 10 penalty may be paid; (g) the time (being not less than 28 days after the date on which the notice is served) within which the infringement penalty must be paid; 15 (h) that, if the amount of the infringement penalty is paid before the end of the time specified in the notice, the matter will not be brought before the Magistrates' Court unless the notice is 20 withdrawn within 28 days after the date on which it was served; (i) that the person is entitled to disregard the notice and defend any proceedings in respect of the offence in the 25 Magistrates' Court; (j) any other prescribed particulars. 117AE. Infringement penalties The infringement penalty for an offence against a provision of this Act is one-tenth of 39 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 35 Act No. the maximum monetary penalty fixed by that provision. 117AF. Late payment of penalty An inspector may accept payment of the 5 infringement penalty even after the expiration of the time for payment stated in the infringement notice if-- (a) neither a charge has been filed nor a courtesy letter served under Part 2 of 10 Schedule 7 to the Magistrates' Court Act 1989 in respect of the offence to which the infringement penalty relates; and (b) the infringement notice has not been 15 withdrawn. 117AG. Withdrawal of notice (1) An inspector may withdraw an infringement notice at any time within 28 days after the date on which the notice was served by 20 serving a withdrawal notice on the person served with the infringement notice. (2) A withdrawal notice may be served on a person-- (a) by delivering it personally to the 25 person; or (b) by sending it by post addressed to the person's last known place of residence or business. (3) An infringement notice may be withdrawn 30 even if the infringement penalty has been paid. (4) If an infringement notice is withdrawn, the amount of any infringement penalty paid must be refunded and the Consolidated Fund 40 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 35 Act No. is, to the necessary extent, appropriated accordingly. 117AH. Payment expiates offence If an infringement notice is not withdrawn 5 and the infringement penalty is paid within the time for payment stated in the notice or is accepted in accordance with section 117AF, then-- (a) the person on whom the notice was 10 served has expiated the offence by that payment; and (b) no proceedings may be taken against that person in respect of that offence; and 15 (c) no conviction is to be taken to have been recorded against that person for that offence. 117AI. Payment not to have certain consequences (1) The payment of an infringement penalty 20 under this Part is not and must not be taken to be-- (a) an admission of guilt in relation to the offence; or (b) an admission of liability for the purpose 25 of any civil claim or proceeding arising out of the same occurrence and the payment does not in any way affect or prejudice any such claim or proceeding. (2) The payment of an infringement penalty 30 under this Part must not be referred to in any report provided to a court for the purpose of determining sentence for an offence. 117AJ. Prosecution after service of infringement notice 41 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 35 36 Act No. A charge may be filed in respect of an offence to which an infringement notice relates if-- (a) the infringement penalty has not been 5 paid within the time for payment stated in the notice or in accordance with section 117AF; or (b) the notice is withdrawn. 117AK. Enforcement of infringement penalty 10 Payment of the infringement penalty may be enforced in accordance with Part 2 of Schedule 7 to the Magistrates' Court Act 1989 if-- (a) the infringement notice is an 15 infringement notice within the meaning of Schedule 7 to that Act; and (b) the infringement penalty has not been paid within the time stated in the notice or in accordance with section 117AF; 20 and (c) the notice has not been withdrawn; and (d) a charge has not been filed in accordance with section 117AJ.'. 36. Regulations relating to energy efficiency for 25 proclaimed gas equipment In section 118(1) of the Gas Safety Act 1997, after paragraph (y) insert-- 42 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Act No. "(ya) the standards of energy efficiency and performance required for proclaimed gas equipment; (yb) prohibiting or regulating the supply or offer 5 of supply of proclaimed gas equipment; (yc) the registration of proclaimed gas equipment, including-- (i) applications for registration and the renewal, modification or transfer of 10 registration and the information to accompany the applications (including details about tests); (ii) the granting of registration; (iii) conditions on registration; 15 (iv) the transfer of registration; (v) variation of registration; (vi) the refusal and cancellation of registration; (vii) the renewal and duration of 20 registration; (viii) the keeping of registers of proclaimed gas equipment and registration holders; (yd) the testing, marking and labelling of proclaimed gas equipment, including the 25 provision of samples of that equipment and labels to the Office for testing and the disposal of those samples; (ye) reasonable fees and charges to be charged for or for the recovery of reasonable costs 30 for-- 43 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 37 Act No. (i) the testing, examination, marking or labelling of proclaimed gas equipment; (ii) the preparation of reports about proclaimed gas equipment; 5 (iii) the registration, renewal of registration, modification of registration or transfer of registration of proclaimed gas equipment; (yf) authorising or requiring the giving of public 10 notices in relation to proclaimed gas equipment and the recovery of costs associated with those notices;". 37. Repeal of spent provisions Division 1 of Part 8 of the Gas Safety Act 1997 is 15 repealed. ______________ 44 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 s. 38 Act No. PART 4--AMENDMENT OF OTHER ACTS 38. Amendment of Building Act 1993 In section 241 of the Building Act 1993, for sub- section (2A) substitute-- 5 "(2A) Proceedings for an offence against Part 12A or any regulations made for the purpose of that Part may be brought by the Plumbing Industry Commission, the Office of Gas Safety or any person authorised by the 10 Plumbing Industry Commission. (2B) Proceedings to recover money payable under Part 12A may be brought by the Plumbing Industry Commission or any person authorised by the Plumbing Industry 15 Commission.". 39. Amendment of Dangerous Goods Act 1985 In section 9 of the Dangerous Goods Act 1985, after paragraph (ea) insert-- "(eb) the conveyance of gas by pipeline to which 20 the Gas Safety Act 1997 applies;". 40. Amendment of Office of the Regulator-General Act 1994 In section 34A(1) of the Office of the Regulator- General Act 1994 before "by written notice" 25 insert "or the Minister administering the Gas Industry Act 1994". 45 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
Gas Industry Acts (Amendment) Act 2000 Endnotes Act No. ENDNOTES By Authority. Government Printer for the State of Victoria. 46 541134B.I1-3/11/2000 BILL LA CIRCULATION 3/11/2000
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