Australian Capital Territory Numbered Acts

GAS SAFETY LEGISLATION AMENDMENT ACT 2014 (NO. 38 OF 2014) - SECT 38

substitute

20     Approval of type A gas appliances

    (1)     A gas appliance is an approved type A gas appliance if the appliance—

        (a)     is approved—

              (i)     under a corresponding law; or

              (ii)     under a regulation; and

        (b)     complies with any safety standard that applies to the appliance as a condition of that approval; and

        (c)     is used for a purpose for which it has been approved; and

        (d)     is not an appliance that has been declared a prohibited appliance under section 27.

    (2)     A gas appliance ceases to be an approved type A gas appliance if the construction occupations registrar is satisfied that—

        (a)     under a corresponding law, appliances of that kind have been found unsafe to use or to not comply with a safety standard; or

        (b)     the appliance is prohibited under section 27; or

        (c)     a direction under section 29 (2) (Directions about unsafe gas appliances) is in force in relation to the appliance; or

        (d)     the appliance has been refused approval under a corresponding law; or

        (e)     the appliance ceases to be approved under a corresponding law.

21     Approval of type B gas appliances

    (1)     A person may apply to the construction occupations registrar for approval of a type B gas appliance.

    (2)     The construction occupations registrar may approve the type B gas appliance if the construction occupations registrar is satisfied—

        (a)     the appliance complies with the relevant standard; and

        (b)     the related gasfitting work and gas appliance work will be carried out in accordance with the gas safety legislation.

22     Register of approved gas appliances

    (1)     The construction occupations registrar must keep a register of—

        (a)     approved type A gas appliances approved under a regulation; and

        (b)     approved type B gas appliances approved under section 21; and

        (c)     any cancellation of approval under this part; and

        (d)     any gas appliances that are prohibited under this part; and

        (e)     any safety warnings issued under section 30 in relation to an approved gas appliance.

    (2)     The construction occupations registrar must make the register available for public inspection during ordinary office hours at the office of the construction occupations registrar.

23     Offences—sell or use unapproved gas appliance

    (1)     A person commits an offence if the person—

        (a)     sells a gas appliance; and

        (b)     the gas appliance is not approved.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (2)     A person commits an offence if the person—

        (a)     connects a gas appliance to a consumer piping system; and

        (b)     the gas appliance is not approved.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (3)     A person commits an offence if the person—

        (a)     uses a gas appliance for a purpose involving the use of gas; and

        (b)     the gas appliance is not approved.

Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

    (4)     This section does not apply in circumstances prescribed under a regulation.

24     Offences—energy efficiency requirements for gas appliances

    (1)     A trader commits an offence if—

        (a)     the trader sells a gas appliance; and

        (b)     the gas appliance does not comply with an energy efficiency standard prescribed by regulation that applies to the appliance.

Maximum penalty: 50 penalty units.

    (2)     A trader commits an offence if—

        (a)     the trader sells a gas appliance; and

        (b)     an energy efficiency label is not attached to the appliance.

Maximum penalty: 10 penalty units.

    (3)     A person commits an offence if—

        (a)     the person attaches an energy efficiency label to a gas appliance; and

        (b)     the gas appliance does not have the energy efficiency rating stated on the label.

Maximum penalty: 30 penalty units.

    (4)     A person commits an offence if—

        (a)     the person attaches a label to a gas appliance; and

        (b)     the label resembles an energy efficiency label; and

        (c)     the label is not an energy efficiency label.

Maximum penalty: 30 penalty units.

    (5)     This section does not apply to a second-hand gas appliance.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code

, s 58).

    (6)     An offence against this section is a strict liability offence.

    (7)     In this section:

"energy efficiency label" means an energy efficiency label prescribed by regulation.

Note     The Greenhouse and Energy Minimum Standards Act 2012

(Cwlth) (the Commonwealth Act ) applies greenhouse and energy minimum standards ( GEMS ) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations.

Section 24 only operates if a regulation is made for it, and s 24 and the regulation are consistent with the Commonwealth Act

and able to operate concurrently with it (see Self-Government Act

, s 28 and Commonwealth Act

, s 9).

24A     Offence—dispose of gas equipment otherwise than in accordance with standards

        A person commits an offence if—

        (a)     the person disposes of an article that is—

              (i)     a consumer piping system or part of a consumer piping system; or

              (ii)     a gas appliance or part of a gas appliance; and

        (b)     the disposal does not comply with a standard prescribed by regulation that applies to the article.

Maximum penalty: 50 penalty units.