Gas Safety Act 1997

1 Purpose 1

2 Commencement 1

3 Definitions 1

4 Declaration of gaseous fuel 10

5 Declaration of gas company 10

6 Declaration of pipeline to be a transmission line 11

7 Exemptions 11

8 Crown to be bound 12 Part 2—Energy Safe Victoria 13

9 Objectives of Energy Safe Victoria 13

10 Functions of Energy Safe Victoria 13

11 Funding 15 Part 3—Gas safety 16 Division 1—General duties of gas companies 16

32 General duties of gas companies 16

33 Gas quality 16

34 Offence to supply or sell gas for unsafe gas installation 17

35 Offence to supply or sell gas where emergency plumbing order applies 18

36 Mandatory reporting of gas incidents 18 Division 2—Safety case for facility 19

37 Safety case 19

38 Validation of safety case for a facility 20

39 Additional information 21

40 Acceptance of safety case 21

41 Provisional acceptance of safety case 21

42 Non-acceptance of safety case 22

43 Energy Safe Victoria may determine safety case 23

44 Compliance with safety case 24 Authorised by the Chief Parliamentary Counsel i Section Page

45 Revision of safety case—change 25

46 Revision of safety case—each 5 years 26

47 Energy Safe Victoria may request submission of revised safety case 26

48 Offence to fail to submit revised safety case on request 27

49 Application of provision to revised safety case 28

50 Compliance with safety case is defence 28 Division 3—Safety case for gas installation 28

51 Definitions 28

52 Safety case for complex gas installation in manufacturing or industrial premises 29 53 Safety case for supply and installation of Type B appliances in manufacturing or industrial premises 29

54 Safety case for manufacture of complex gas installations 30

55 Exemption from regulations 31

56 Compliance with safety case 32

57 Revision of safety case—each 5 years 32

58 Energy Safe Victoria may request submission of revised safety case 33

59 Compliance with request 34

60 Lapsing of safety case 34

61 Duty of operator of complex gas installation 35

62 Duty of manufacturer of Type B appliances 35

63 Duty of manufacturer of complex gas installations 36

64 Compliance with safety case is a defence 36 Division 4—Approval or authorisation to undertake certain gas work 36

65 Approval of persons to carry out upstream gas work 36

66 Offence to carry out upstream gas work without approval or authorisation 37

67 Standard of gas work 37 Division 5—Appliances and gas installations 38

68AA Definition 38

68 Authorisation of acceptance scheme 38

69 Acceptance of appliance by Energy Safe Victoria 38

69A Declaration of non-acceptance of appliance 40

69B Approval of label for Type A appliances 40

70 Offence to install certain Type A appliances 41

71 Offence to supply or sell unaccepted or unlabelled appliances 42

71A Offence to sell unsafe appliances 43

71B False labelling in relation to Type A appliances 44

71C Unsafe modifications to Type A appliances 44 Authorised by the Chief Parliamentary Counsel ii Section Page

72 Compliance with prescribed standards and requirements for work on gas installation 45

73 Acceptance of gas installation 47

74 Offence to use Type B appliance 49

75 Offence to supply or sell certain appliances without giving required information 49

76 Prohibition of supply or sale of gas installations, appliances and components 49

77 Offence to disobey prohibition 51

78 Recall of gas installations, appliances or components 52

79 Offence to fail to comply with requirement 57 Division 6—Further offences relating to gas safety 58

79A Supply or sale of certain types of liquefied petroleum gas 58

79B Interference with gas company pipelines 58

79C Interference with transmission pipelines 59

79D Interference with pipeline, gas installation or meter assembly 60

79DA Safety of gas installations—building work 60 Part 3A—Energy efficiency 61

79E Proclaimed gas equipment 61

79F Proclaimed gas equipment not to be supplied unless registered and labelled 61 Part 4—Rights of review 62

80 Applications to review 62 Part 5—Inspection 64 Division 1—Appointment of inspectors 64

86 Inspectors 64 Division 2—Powers of entry—general 65

87 Powers of entry—safety cases and gas incidents 65

88 Occupier to be given copy of consent 67

89 Emergency access 68

90 Powers on entry 68

91 Return of things seized 69

92 Magistrates' Court may extend period 70

93 Entry to be reported to the Director 70 Division 3—Powers of entry—enforcement 71

94 Powers of entry—enforcement 71

95 Occupier to be given copy of acknowledgement 72

96 Search warrant 73

97 Announcement before entry 74 Authorised by the Chief Parliamentary Counsel iii Section Page

98 Copy of warrant to be given to occupier 74 Division 4—General 75

99 Power of inspector to require information or documents 75

100 Offence to give false information to inspector 76

101 Copying of documents 77

102 Protection against self-incrimination 77

103 Offence to obstruct inspector 77

104 Police to assist inspectors 77

105 Impersonation of inspector 78 Part 6—Enforcement 79 Division 1—Directions 79

106 Director may give directions 79

107 Additional powers in emergencies 80

107A Power of Minister 81

107B Delegation by Director 81

108 Defence to certain offences if complying with Director's directions 81

109 Protection from liability 82

109A Protection of persons executing directions 82 Division 2—Improvement and prohibition notices 83

110 Director or inspector may issue improvement notice 83

111 Offence not to comply with improvement notice 84

112 Director or inspector may issue prohibition notice 84

113 Offence not to comply with prohibition notice 85

114 Notices may include directions 86 Division 3—Other matters 86

115 Offences by bodies corporate 86

116 Offences by partnerships or unincorporated associations 87

117 False or misleading information 87

117AA Period within which proceedings for offences may be brought 88 Part 6A—Infringement notices 89

117AB Definitions 89

117AC Power to serve a notice 89

117AE Infringement penalties 90 Part 7—General 91

117A Supreme Court—limitation of jurisdiction 91

118 Regulations 91 Authorised by the Chief Parliamentary Counsel iv Section Page Part 8—Repeals, consequential amendments and transitional provisions 99 Division 2—Transitional provisions 99

124 Transitional provisions—gas installations 99

125 Transitional provisions—existing gas installation work 99

126 Transitional provision—appliances 100

127 Transitional provisions—abolition of the Gas Appeals Board 101

128 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 101 Schedule 1—Transitional provisions 102 ═══════════════ Endnotes 106

1 General information 106

2 Table of Amendments 108

3 Amendments Not in Operation 111

4 Explanatory details 112 Authorised by the Chief Parliamentary Counsel v Section Page Authorised by the Chief Parliamentary Counsel vi Authorised Version No. 042 Gas Safety Act 1997 No. 99 of 1997 Authorised Version incorporating amendments as at

1 January 2018 The Parliament of Victoria therefore enacts as follows: Part 1—Preliminary

1 Purpose The main purpose of this Act is to make provision for the safe conveyance, sale, supply, measurement, control and use of gas and to generally regulate gas safety.

2 Commencement (1) Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on a day or days to be proclaimed. (3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.

3 Definitions S. 3 amended by No. 91/2000 (1) In this Act— s. 16 (ILA s. 39B(1)). acceptance scheme includes any approval, certification or endorsement scheme, however described; accepted safety case means— (a) a safety case or provisional safety case accepted under Division 2 or 3 of Part 3; or Authorised by the Chief Parliamentary Counsel 1 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary (b) if a revised safety case has been accepted or provisionally accepted under Division 2 or 3 of Part 3, that revised safety case— but does not include a safety case that has lapsed under Division 3 of Part 3; S. 3(1) def. of AEMO means Australian Energy Market Operator AEMO inserted by Limited (ACN 072 010 327); No. 23/2009 s. 37(1). S. 3(1) def. of apparatus and works has the same meaning as it apparatus and works has in the Gas Industry Act 2001; amended by No. 32/2001 s. 34(1)(a). appliance means a device which uses gas to produce flame, heat, light, power or special atmosphere; S. 3(1) def. of business day means a day other than a Saturday or business day inserted by Sunday or a public holiday appointed under No. 24/2002 the Public Holidays Act 1993; s. 12. S. 3(1) def. of complex gas installation means a gas installation complex gas installation which is not a standard gas installation; inserted by No. 91/1998 s. 26(3). component means a component of an appliance or gas installation; S. 3(1) def. of construction has the same meaning as it has in the construction amended by Gas Industry Act 2001; No. 32/2001 s. 34(1)(b). convey, in relation to gas, means to transmit, distribute or otherwise convey by pipeline; Authorised by the Chief Parliamentary Counsel 2 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary decision for the purposes of Part 4 includes S. 3(1) def. of refusal, declaration, condition, prohibition or decision inserted by requirement; No. 24/2002 s. 12. Director means the Director of Energy Safety S. 3(1) def. of Director appointed under the Energy Safe Victoria substituted by Act 2005; No. 39/2005 s. 49(2). distribute has the same meaning as it has in the S. 3(1) def. of distribute Gas Industry Act 2001; amended by No. 32/2001 s. 34(1)(c). distribution pipeline has the same meaning as it S. 3(1) def. of distribution has in the Gas Industry Act 2001; pipeline amended by No. 32/2001 s. 34(1)(d). Energy Safe Victoria means Energy Safe Victoria S. 3(1) def. of Energy Safe established under the Energy Safe Victoria Victoria Act 2005; inserted by No. 39/2005 s. 49(1). facility means— (a) a pipeline; or (b) a facility or service for the control of the conveyance of gas; or (c) a facility for the measurement of gas where the facility is connected to a transmission pipeline; or (d) a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes); or Authorised by the Chief Parliamentary Counsel 3 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary (e) a service which controls the quality of liquefied petroleum gas provided for supply or sale (other than liquefied petroleum gas used or intended to be used for automotive purposes); or (f) a tempered liquefied petroleum gas plant; gas means any gaseous fuel but does not include any gaseous fuel that is declared under section 4 not to be gas for the purposes of this Act or any provision of this Act; gaseous fuel includes petrochemical feed stock; gasfitting work means work carried out in connection with the installation, renewal, commissioning, replacement, modification, relocation, repair or maintenance of any gas installation or any part of any gas installation; S. 3(1) def. of gas company means— gas company amended by Nos 91/1998 (a) a gas transmission company within the s. 26(1), meaning of the Gas Industry Act 32/2001 s. 34(1)(e), 2001; or 23/2009 s. 37(2). (ab) AEMO; or (b) a gas distribution company within the meaning of the Gas Industry Act 2001; or (c) a gas retailer within the meaning of the Gas Industry Act 2001; or (d) a person who is an owner or operator of a facility or service for the control of the conveyance of gas, being a person declared under section 5 to be a gas company for the purposes of this Act; or Authorised by the Chief Parliamentary Counsel 4 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary (e) a person who is an owner or operator of a facility for the measurement of gas connected to a transmission pipeline; or (f) a person who is an owner or operator of a pipeline, being a person declared under section 5 to be a gas company for the purposes of this Act; or (g) a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act; (h) a person who is an owner or operator of a service for the supply of liquefied petroleum gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act; gas incident means any incident or event relating to the conveyance, supply or use of gas which causes or has the potential to cause— (a) the death of or injury to a person; or (b) significant damage to property; or (c) an explosion; gas installation means, in respect of the use or intended use of gas, a combination of— (a) any pipe or system of pipes for or incidental to the conveyance of gas and components or fittings associated with the pipe or pipes which are downstream of the gas supply point; and Authorised by the Chief Parliamentary Counsel 5 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary (b) any one or more of the following— (i) any liquefied petroleum gas storage vessels with an aggregate capacity not exceeding 500 litres; (ii) any appliance and associated components or fittings which are downstream of the gas supply point; (iii) any meter which is downstream of the gas supply point; (iv) any means of ventilation or system for the removal of combustion products which is downstream of the gas supply point; gas supply point means— (a) the outlet of a gas company's meter assembly; or (b) the outlet of the primary shut-off valve of a liquefied petroleum gas storage vessel; or (c) if paragraph (a) or (b) does not apply, the point of supply of gas; gas work means gasfitting work and upstream gas work; inspector means a person appointed as an inspector under Part 5; meter means an instrument that measures the quantity of gas passing through it; meter assembly means a system that includes a meter and any associated pipes, fittings, components, equipment or instruments; Authorised by the Chief Parliamentary Counsel 6 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary * * * * * S. 3(1) def. of Office repealed by No. 39/2005 s. 49(3). operation has the same meaning as it has in the S. 3(1) def. of operation Gas Industry Act 2001; amended by No. 32/2001 s. 34(1)(f). person includes an unincorporated body or association and a partnership; pipeline has the same meaning as it has in the Gas S. 3(1) def. of pipeline Industry Act 2001; amended by No. 32/2001 s. 34(1)(g). practicable in sections 32, 33, 61, 62 and 63, means practicable having regard to— (a) in sections 32, 61, 62 and 63 the severity of the hazard or risk in question; and (b) in section 33, the severity of the hazard or risk involved in not meeting a prescribed standard or requirement; and (c) the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and (d) the availability and suitability of ways to remove or mitigate the hazard or risk; and (e) the cost of removing or mitigating the hazard or risk; premises includes caravan, mobile home and vessel; quality, in relation to gas, includes odorisation, purity, temperature, pressure and composition; Authorised by the Chief Parliamentary Counsel 7 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary S. 3(1) def. of standard gas installation means— standard gas installation (a) a gas installation— inserted by No. 91/1998 (i) which contains only Type A s. 26(3), amended by appliances; and No. 59/2008 s. 39. (ii) which is located in residential premises of a prescribed class or on land associated with such premises; or (b) a gas installation— (i) which contains only Type A appliances; and (ii) which is located in commercial premises of a prescribed class or on land associated with such premises; and (iii) in which the total gas consumption of the appliances does not exceed the relevant prescribed amount per hour; and (iv) which has a maximum metering pressure that is less than the prescribed maximum metering pressure or a maximum operating pressure that is less than the prescribed maximum operating pressure; and (v) which has a number of gas supply points that is less than the prescribed number of gas supply points; tempered liquefied petroleum gas means a mixture of vaporised liquefied petroleum gas and air; Authorised by the Chief Parliamentary Counsel 8 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary transmission pipeline means— S. 3(1) def. of transmission (a) a transmission pipeline within the pipeline meaning of the Gas Industry Act amended by No. 32/2001 2001; or s. 34(1)(h). (b) a pipeline that is declared under section 6 to be a transmission pipeline; transmit has the same meaning as it has in the S. 3(1) def. of transmit Gas Industry Act 2001; amended by No. 32/2001 s. 34(1)(i). Tribunal means the Victorian Civil and S. 3(1) def. of Tribunal Administrative Tribunal established by the inserted by Victorian Civil and Administrative No. 24/2002 s. 12. Tribunal Act 1998; Type A appliance means— S. 3(1) def. of Type A appliance (a) an appliance (including a second-hand amended by appliance) for which an acceptance No. 39/2005 s. 49(4). scheme has been authorised by Energy Safe Victoria in accordance with section 68; or (b) an appliance which has been accepted under section 69; * * * * * S. 3(1) def. of Type A gas installation repealed by No. 91/1998 s. 26(2). Type B appliance means an appliance (including a second-hand appliance) with a gas consumption in excess of 10 megajoules per hour including any components and fittings of that appliance downstream of and including the appliance manual shut-off valve but does not include a Type A appliance; Authorised by the Chief Parliamentary Counsel 9 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary S. 3(1) def. of * * * * * Type B gas installation repealed by No. 91/1998 s. 26(2). upstream gas work means work carried out between the outlet point of a gas processing plant and the outlet of a gas distribution company's meter assembly in connection with the construction, commissioning, renewal, operation, control, replacement, modification, repair, maintenance or testing of— (a) transmission and distribution systems and related apparatus and works; or (b) any other thing used for the conveyance, supply, control or measurement of gas. S. 3(2) (2) In the definition of gas installation, a reference to inserted by No. 91/2000 gas includes, in relation to liquefied petroleum s. 16. gas, that gas in its liquid phase.

4 Declaration of gaseous fuel The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act.

5 Declaration of gas company The Governor in Council, by Order published in the Government Gazette, may declare any of the following to be a gas company for the purposes of this Act— (a) a person who is an owner or operator of a pipeline; Authorised by the Chief Parliamentary Counsel 10 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary (b) a person who is an owner or operator of a facility or service for the control of the conveyance of gas; (c) a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas which is used or intended to be used for automotive purposes).

6 Declaration of pipeline to be a transmission line The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or class of pipeline to be a transmission pipeline.

7 Exemptions (1) The Governor in Council, by Order published in S. 7(1) amended by the Government Gazette, and on the No. 39/2005 recommendation of Energy Safe Victoria, may s. 52(Sch. 2 item 2). declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order— (a) do not have effect in relation to a specified person or class of persons or do not have effect to such extent as is specified; or (b) do not have effect in relation to a specified facility or class of facilities or do not have effect to such extent as is specified; or (c) do not have effect in relation to specified appliances or a class of appliances or do not have effect to such extent as is specified; or (d) do not have effect in relation to specified gas installations or a class of gas installations or do not have effect to such extent as is specified; or (e) do not have effect in relation to specified gas work or a class of gas work or do not have effect to such extent as is specified. Authorised by the Chief Parliamentary Counsel 11 Gas Safety Act 1997 No. 99 of 1997 Part 1—Preliminary (2) An Order under subsection (1)— (a) may specify the period during which the Order is to remain in force; and (b) may provide that its operation is subject to such terms and conditions as are specified in the Order. (3) A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units.

8 Crown to be bound This Act binds the Crown, not only in right of Victoria but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities. Authorised by the Chief Parliamentary Counsel 12 Gas Safety Act 1997 No. 99 of 1997 Part 2—Energy Safe Victoria Part 2—Energy Safe Victoria Pt 2 (Headings and ss 9–31) amended by Nos 46/1998 s. 7(Sch. 1), 91/2000 ss 17–21, 108/2004 s. 117(1) (Sch. 3 item 88), substituted as Pt 2 (Heading and ss 9–11) by No. 39/2005 s. 50.

9 Objectives of Energy Safe Victoria S. 9 substituted by No. 39/2005 The objectives of Energy Safe Victoria under this s. 50. Act are— (a) to ensure the safety of the conveyance, sale, supply, measurement, control and use of gas; and (b) to control the safety standards of gas work; and (c) to maintain public and industry awareness of gas safety requirements; and (d) to promote awareness of energy efficiency through energy efficiency labelling of gas installations, appliances and components and energy efficiency regulation of gas installations, appliances and components.

10 Functions of Energy Safe Victoria S. 10 substituted by No. 39/2005 The functions of Energy Safe Victoria under this s. 50. Act are— (a) to issue guidelines specifying minimum safety standards for appliances, gas equipment, gas components, gas Authorised by the Chief Parliamentary Counsel 13 Gas Safety Act 1997 No. 99 of 1997 Part 2—Energy Safe Victoria installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas; (b) to issue guidelines in relation to the preparation of safety cases; (c) to monitor compliance of appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas with the specified safety standards; (d) to monitor compliance of gas companies with accepted safety cases; (e) to audit accepted safety cases to determine the adequacy and effectiveness of those safety cases; (f) to administer the prescribed minimum standards for energy efficiency of gas installations, appliances and components; (g) to inspect and test gas installations, appliances and components for compliance with the specified minimum standards for energy efficiency; (h) to investigate events or incidents which have implications for gas safety; (i) to provide advisory and consultative services in relation to gas safety; (j) to consult with and advise industry and the community in relation to gas safety; S. 10(ja) (ja) to monitor and enforce compliance with this inserted by No. 35/2013 Act and the regulations; s. 14. Authorised by the Chief Parliamentary Counsel 14 Gas Safety Act 1997 No. 99 of 1997 Part 2—Energy Safe Victoria (k) such other functions as are conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.

11 Funding S. 11 substituted by No. 39/2005 A gas company must pay to Energy Safe Victoria s. 50. at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that gas company in respect of the remuneration and reasonable costs and expenses of Energy Safe Victoria. * * * * * Ss 12–31 repealed by No. 39/2005 s. 50. Authorised by the Chief Parliamentary Counsel 15 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety Part 3—Gas safety Division 1—General duties of gas companies

32 General duties of gas companies A gas company must manage and operate each of its facilities to minimise as far as practicable— (a) the hazards and risks to the safety of the public and customers arising from gas; and (b) the hazards and risks of damage to property of the public and customers arising from gas; and (c) the hazards and risks to the safety of the public and customers arising from— (i) interruptions to the conveyance or supply of gas; and (ii) the reinstatement of an interrupted gas supply. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.

33 Gas quality (1) A gas company must ensure that, as far as practicable, the gas which it conveys— (a) meets the prescribed standards of quality; and (b) complies with any other prescribed requirements. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. Authorised by the Chief Parliamentary Counsel 16 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (2) A gas company which supplies or sells gas to a customer for use in a gas installation must ensure that, as far as practicable, the gas supplied or sold— (a) meets the prescribed standards of quality; and (b) complies with any other prescribed requirements. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.

34 Offence to supply or sell gas for unsafe gas installation (1) A gas company must not knowingly supply or sell gas for use in a gas installation which is unsafe. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A gas company must not knowingly supply or sell gas for use in a gas installation which does not comply with this Act or the regulations except in the prescribed circumstances. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. Authorised by the Chief Parliamentary Counsel 17 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

35 Offence to supply or sell gas where emergency plumbing order applies A gas company must not knowingly supply or sell gas for use in a gas installation to which an emergency plumbing order under section 221ZZF of the Building Act 1993 applies. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.

36 Mandatory reporting of gas incidents S. 36(1) (1) A gas company must report to Energy Safe amended by No. 39/2005 Victoria in accordance with the regulations any s. 52(Sch. 2 gas incident which occurs in relation to a facility item 2). of that gas company. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. S. 36(2) (2) A gas company must report to Energy Safe amended by No. 39/2005 Victoria in accordance with the regulations any s. 52(Sch. 2 gas incident of which it is aware and which occurs item 2). in relation to a gas installation to which it supplies or sells gas. Penalty: In the case of a natural person, 2 penalty units; In the case of a body corporate, 10 penalty units. S. 36(3) (3) The Chief Officer of the Metropolitan Fire and amended by No. 39/2005 Emergency Services and the Chief Officer under s. 52(Sch. 2 the Country Fire Authority Act 1958 must item 2). report to Energy Safe Victoria any fire or explosion in which he or she suspects gas was a cause or contributing factor. Authorised by the Chief Parliamentary Counsel 18 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety Division 2—Safety case for facility

37 Safety case (1) A gas company must submit a safety case to S. 37(1) amended by Energy Safe Victoria for each of its facilities in No. 39/2005 accordance with this section. s. 52(Sch. 2 item 2). Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A safety case for a facility must— (a) be in writing; and (b) in accordance with the regulations, specify the safety management system being followed or to be followed by the gas company— (i) to comply with the gas company's duties under Division 1; and (ii) in relation to any other matters relating to the safe conveyance, supply, sale, measurement or control of gas that are prescribed. (3) The safety case for a facility which is in operation immediately before the commencement of this section must be submitted within 6 months after that commencement. (4) The safety case for any other facility must be S. 37(4) amended by submitted to Energy Safe Victoria before the No. 39/2005 facility commences operation. s. 52(Sch. 2 item 2). (5) A safety case may be submitted in stages. (6) A safety case may apply to more than one facility. Authorised by the Chief Parliamentary Counsel 19 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (7) A gas company which has submitted a safety case for a facility under section 138 of the Gas Industry Act 1994 before the commencement of this section is deemed to have complied with this section in relation to that facility. S. 37(8) (8) The safety case for a facility submitted by inserted by No. 23/2009 VENCorp to Energy Safe Victoria in October s. 37(3). 2008 and in force immediately before the commencement of section 37 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 is to be taken to continue in force under this section as if the safety case were submitted by AEMO.

38 Validation of safety case for a facility S. 38(1) (1) If a safety case has been submitted for a facility, amended by No. 39/2005 Energy Safe Victoria may require the gas s. 52(Sch. 2 company to obtain an independent validation of item 2). that safety case or any part of that safety case. S. 38(2) (2) Energy Safe Victoria may require the validation to amended by No. 39/2005 assess the design, construction, commissioning or s. 52(Sch. 2 operation of the facility or the required part of the item 1). facility or all or any of those matters to determine if the facility or part will be fit for the purpose. S. 38(3) (3) The gas company must establish to the satisfaction amended by No. 39/2005 of Energy Safe Victoria that each person s. 52(Sch. 2 undertaking the validation of a matter has the item 2). necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter. S. 38(4) (4) If Energy Safe Victoria requires a gas company to amended by No. 39/2005 provide an independent validation of a safety case s. 52(Sch. 2 or part of a safety case, the costs of that validation item 2). must be borne by the gas company. Authorised by the Chief Parliamentary Counsel 20 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (5) Energy Safe Victoria is not required to proceed S. 38(5) with the consideration of a safety case until the amended by No. 39/2005 independent validation is provided. s. 52(Sch. 2 item 1).

39 Additional information (1) Energy Safe Victoria may require a gas company S. 39(1) amended by to provide any additional information that Energy No. 39/2005 Safe Victoria thinks fit in relation to a safety case s. 52(Sch. 2 items 1, 2). submitted by the gas company under this Division. (2) Energy Safe Victoria is not required to proceed S. 39(2) amended by with the consideration of a safety case until the No. 39/2005 additional information is provided. s. 52(Sch. 2 item 1).

40 Acceptance of safety case (1) Energy Safe Victoria must consider a safety case S. 40(1) amended by submitted under this Division with as much No. 39/2005 expedition as the requirements of this Act and the s. 52(Sch. 2 item 1). regulations and the proper consideration of the safety case permit. (2) Energy Safe Victoria must accept a safety case S. 40(2) amended by submitted under this Division if it is satisfied that No. 39/2005 the safety case is appropriate for the facility to s. 52(Sch. 2 item 1). which it applies and complies with this Act and the regulations. (3) Energy Safe Victoria must notify the gas company S. 40(3) amended by in writing of its decision to accept a safety case. No. 39/2005 s. 52(Sch. 2 item 1).

41 Provisional acceptance of safety case (1) Energy Safe Victoria may provisionally accept a S. 41(1) amended by safety case if it is satisfied that it will provide for No. 39/2005 the safe operation of the facility. s. 52(Sch. 2 item 1). Authorised by the Chief Parliamentary Counsel 21 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 41(2) (2) Energy Safe Victoria must notify the gas company amended by in writing of its decision to provisionally accept a No. 39/2005 s. 52(Sch. 2 safety case. item 1). (3) The notice of acceptance must state— (a) the period that the provisional acceptance will be in force; and (b) the extent to which the safety case has been accepted; and (c) any limitations or conditions which will apply in respect of the use or operation of the facility while the provisional acceptance is in force.

42 Non-acceptance of safety case S. 42(1) (1) If Energy Safe Victoria does not accept or amended by No. 39/2005 provisionally accept a safety case it must— s. 52(Sch. 2 item 2). (a) notify the gas company in writing of the non-acceptance; and (b) give the gas company an opportunity to modify and re-submit the safety case. S. 42(2) (2) A modified safety case must be submitted to amended by No. 39/2005 Energy Safe Victoria within 28 days after the s. 52(Sch. 2 notice is given under subsection (1). item 2). S. 42(3) (3) If, after considering any modified safety case amended by No. 39/2005 submitted under this section, Energy Safe Victoria s. 52(Sch. 2 decides not to accept a safety case it must give item 3(a)(b)). notice in writing of that decision to the gas company. (4) A notice under this section must be accompanied by a statement of the reasons for the decision. Authorised by the Chief Parliamentary Counsel 22 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

43 Energy Safe Victoria may determine safety case S. 43 (Heading) inserted by No. 39/2005 s. 52(Sch. 2 item 4). (1) Energy Safe Victoria may determine the safety S. 43(1) amended by case which is to apply in respect of a facility No. 39/2005 which is in operation at the time of the s. 52(Sch. 2 item 1). determination if— (a) the gas company fails to submit a safety case for the facility in accordance with this Division; or (b) Energy Safe Victoria has decided not to S. 43(1)(b) amended by accept a safety case for the facility. No. 39/2005 s. 52(Sch. 2 item 2). (2) If Energy Safe Victoria determines the safety case S. 43(2) amended by to apply to a facility under this section, Energy No. 39/2005 Safe Victoria must give notice in writing to the s. 52(Sch. 2 item 2). gas company of that determination. (3) On notice being given to the gas company under S. 43(3) amended by subsection (2), the safety case determined by No. 39/2005 Energy Safe Victoria is deemed for the purposes s. 52(Sch. 2 item 2). of this Act to be the accepted safety case for the facility to which it applies. (4) Nothing in subsection (3) prevents a gas company S. 43(4) amended by from submitting a safety case or a revised safety No. 39/2005 case for a facility to Energy Safe Victoria for s. 52(Sch. 2 item 2). acceptance under this Division. Authorised by the Chief Parliamentary Counsel 23 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

44 Compliance with safety case (1) A gas company must not commission or commence to operate a facility of the gas company unless a safety case for that facility has been accepted or provisionally accepted under this Division. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A gas company must comply with the accepted safety case for a facility in relation to the management and operation of the facility. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (3) A gas company must comply with the accepted safety case for a facility in relation to the removal, dismantling or decommissioning of the facility. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. S. 44(4) (4) A gas company must not— amended by No. 39/2005 s. 52(Sch. 2 (a) undertake or permit a modification of a item 2). facility that has the potential to significantly increase the overall levels of risk in relation to a facility; or (b) undertake or permit a modification that has the potential to significantly influence the level of a specific risk or the ranking of risk contributing factors; or Authorised by the Chief Parliamentary Counsel 24 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (c) make or permit a significant change to the safety management system in relation to the facility— unless Energy Safe Victoria has accepted a revision of the safety case in relation to that matter for that facility. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.

45 Revision of safety case—change S. 45 amended by No. 39/2005 A gas company must submit a revised safety case s. 52(Sch. 2 to Energy Safe Victoria if— item 2). (a) developments in technical knowledge or the assessment of hazards relevant to the facility make it appropriate to revise the safety case; or (b) proposed modifications of the facility will result in a significant increase in the overall levels of risk in relation to the facility; or (c) a proposed modification of the facility may significantly influence the level of a specific risk or the ranking of risk contributing factors; or (d) the gas company proposes to make a significant change to the safety management system in relation to the facility; or (e) the gas company proposes to dismantle, decommission or remove the facility or part of the facility in a different manner from the procedures set out in the safety case for the facility. Authorised by the Chief Parliamentary Counsel 25 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 46 46 Revision of safety case—each 5 years amended by No. 39/2005 A gas company must submit a revised safety case s. 52(Sch. 2 to Energy Safe Victoria at the end of each period item 2). of 5 years commencing on the later of— (a) the date when the safety case is first accepted; or (b) the date of the most recent acceptance of a revision of the safety case submitted under this section. Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units. S. 47 47 Energy Safe Victoria may request submission of (Heading) inserted by revised safety case No. 39/2005 s. 52(Sch. 2 item 5). S. 47(1) (1) Energy Safe Victoria may at any time request a amended by No. 39/2005 gas company to submit a revised safety case for a s. 52(Sch. 2 facility of the gas company. item 1). (2) The request must— (a) be in writing; and (b) set out— (i) the matters to be addressed by the required revision; and (ii) the proposed date of effect of the revision; and (iii) the grounds for the request. Authorised by the Chief Parliamentary Counsel 26 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (3) The gas company to whom the request is given S. 47(3) may make a submission to Energy Safe Victoria amended by No. 39/2005 on all or any of the following grounds— s. 52(Sch. 2 item 2). (a) that the revision should not occur; (b) that the revision should be in different terms from the proposed terms; (c) that the revision should take effect on a later date than the proposed date of effect. (4) The submission must— (a) be in writing; and (b) state the gas company's reasons for the submission; and (c) be made within 21 days, or such later period S. 47(4)(c) amended by as Energy Safe Victoria in writing allows, No. 39/2005 after the request is received. s. 52(Sch. 2 item 2). (5) If a gas company makes a submission under this S. 47(5) amended by section, Energy Safe Victoria must decide— No. 39/2005 s. 52(Sch. 2 (a) to accept the submission or part of the item 2). submission and vary or withdraw the request accordingly; or (b) to reject the submission. (6) Energy Safe Victoria give the gas company notice S. 47(6) amended by in writing of its decision on the submission and No. 39/2005 the reasons for that decision. s. 52(Sch. 2 item 1).

48 Offence to fail to submit revised safety case on S. 48 amended by request No. 39/2005 s. 52(Sch. 2 If Energy Safe Victoria requests the revision of a item 2). safety case in accordance with section 47, the gas company must submit a revised safety case for a facility to Energy Safe Victoria— Authorised by the Chief Parliamentary Counsel 27 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 48(a) (a) if the gas company does not make a amended by submission under that section, within the No. 39/2005 s. 52(Sch. 2 time (being not less than 60 days) specified item 2). by Energy Safe Victoria in the request; or S. 48(b) (b) if the gas company has made a submission amended by No. 39/2005 under that section and Energy Safe Victoria s. 52(Sch. 2 has not withdrawn the request, within the item 2). time (being not less than 60 days) specified by Energy Safe Victoria in the decision on the submission. Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units.

49 Application of provision to revised safety case Sections 38 to 43 apply to the revision of a safety case in the same manner as they apply to a safety case.

50 Compliance with safety case is defence It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted safety case in relation to that duty or obligation. Division 3—Safety case for gas installation

51 Definitions In this Division— manufacturer in relation to a class of appliances or gas installations, means a person who manufactures that class of appliances or installations; Authorised by the Chief Parliamentary Counsel 28 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety operator in relation to a gas installation or proposed gas installation, means the person who owns or operates or is to own or operate the gas installation.

52 Safety case for complex gas installation in manufacturing or industrial premises (1) Energy Safe Victoria may permit the operator of a S. 52(1) amended by complex gas installation or proposed complex gas Nos 91/1998 installation which is or is to be located in s. 27(1), 39/2005 manufacturing or industrial premises to submit a s. 52(Sch. 2 safety case for that gas installation. item 1). (2) A safety case submitted under this section must— (a) be in writing; and (b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe installation and operation of the gas installation. (3) Sections 38 to 42 apply to a safety case under this section as if— (a) any reference to a facility were a reference to S. 52(3)(a) amended by the complex gas installation; and No. 91/1998 s. 27(1). (b) any reference to a gas company were a S. 52(3)(b) amended by reference to the operator of the complex gas No. 91/1998 installation. s. 27(1).

53 Safety case for supply and installation of Type B appliances in manufacturing or industrial premises (1) Energy Safe Victoria may permit a manufacturer S. 53(1) amended by of a class of Type B appliances intended for use in No. 39/2005 manufacturing or industrial premises to submit a s. 52(Sch. 2 item 1). safety case in relation to the supply and installation of those appliances. Authorised by the Chief Parliamentary Counsel 29 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (2) A safety case submitted under this section must— (a) be in writing; and (b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe supply and installation of the class of Type B appliances. (3) Sections 38 to 42 apply to a safety case under this section as if— (a) any reference to a facility were a reference to the supply and installation of the Type B appliances; and (b) any reference to a gas company were a reference to the manufacturer of the Type B appliances.

54 Safety case for manufacture of complex gas installations S. 54(1) (1) Energy Safe Victoria may permit a manufacturer amended by Nos 91/1998 of a class of complex gas installations to submit a s. 27(2), safety case for the manufacture of that class of gas 39/2005 s. 52(Sch. 2 installations. item 1). (2) A safety case submitted under this section must— (a) be in writing; and (b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safety of the class of gas installations. (3) Sections 38 to 42 apply to a safety case under this section as if— S. 54(3)(a) (a) any reference to a facility were a reference to amended by No. 91/1998 the manufacture of the complex gas s. 27(2). installations; and Authorised by the Chief Parliamentary Counsel 30 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (b) any reference to a gas company were a S. 54(3)(b) reference to the manufacturer of the complex amended by No. 91/1998 gas installations. s. 27(2). (4) This section does not apply to the manufacture of a gas installation at the site at which it is intended to be used.

55 Exemption from regulations (1) If Energy Safe Victoria accepts a safety case S. 55(1) amended by submitted under section 52, it may exempt the Nos 91/1998 operator of the complex gas installation from s. 27(1), 39/2005 compliance with any of the regulations relating to s. 52(Sch. 2 the installation and operation of gas installations. item 6(a)(b)). (2) If Energy Safe Victoria accepts a safety case S. 55(2) amended by submitted under section 53, it may exempt the No. 39/2005 manufacturer of the Type B appliances from s. 52(Sch. 2 item 6(a)(b)). compliance with any of the regulations relating to the installation of appliances. (3) If Energy Safe Victoria accepts a safety case S. 55(3) amended by submitted under section 54, it may exempt the Nos 91/1998 manufacturer of the complex gas installations s. 27(2), 39/2005 from compliance with any of the regulations s. 52(Sch. 2 relating to the installation of gas installations. item 6(a)(b)). (4) If Energy Safe Victoria accepts a safety case S. 55(4) amended by submitted under this Division, it may exempt any No. 39/2005 person authorised under the safety case to carry s. 52(Sch. 2 item 6(a)(b)). out a class or type of gasfitting work from compliance with any of the regulations relating to the carrying out of that class or type of gasfitting work. (5) Energy Safe Victoria must not grant an exemption S. 55(5) amended by under this section from compliance with a No. 39/2005 regulation unless it is satisfied that the level of s. 52(Sch. 2 item 7(a)(b)). safety to be provided if the exemption is given is not less than the level of safety which would be required to be provided under the regulation. Authorised by the Chief Parliamentary Counsel 31 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

56 Compliance with safety case S. 56(1) (1) An operator of a complex gas installation for amended by No. 91/1998 which there is an accepted safety case under this s. 27(1). Division must comply with that safety case in respect of that gas installation. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. (2) A manufacturer of a class of Type B appliances for which there is an accepted safety case under this Division must comply with that safety case in respect of the supply and installation of those appliances. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. S. 56(3) (3) A manufacturer of a class of complex gas amended by No. 91/1998 installations for which there is an accepted safety s. 27(2). case under this Division must comply with that safety case in respect of the manufacture of those gas installations. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. S. 57 57 Revision of safety case—each 5 years amended by Nos 91/1998 s. 27(1)(2), An operator of a complex gas installation or a 39/2005 manufacturer of a class of Type B appliances or of s. 52(Sch. 2 item 2). a class of complex gas installations in respect of which an accepted safety case applies under this Division must submit a revised safety case to Authorised by the Chief Parliamentary Counsel 32 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety Energy Safe Victoria at the end of each period of 5 years commencing on the later of— (a) the date when the relevant safety case is first accepted; or (b) the date of the most recent acceptance of a revision of the safety case submitted under this section. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units.

58 Energy Safe Victoria may request submission of S. 58 (Heading) revised safety case inserted by No. 39/2005 s. 52(Sch. 2 item 8). (1) Energy Safe Victoria may at any time request— S. 58(1) amended by No. 39/2005 s. 52(Sch. 2 item 1). (a) an operator of a complex gas installation to S. 58(1)(a) amended by which an accepted safety case applies to No. 91/1998 submit a revised safety case for that s. 27(1). installation; or (b) a manufacturer of a class of Type B appliances to which an accepted safety case applies to submit a revised safety case for that class of appliances; or (c) a manufacturer of a class of complex gas S. 58(1)(c) amended by installations to which an accepted safety case No. 91/1998 applies to submit a revised safety case for s. 27(2). that class of gas installations. Authorised by the Chief Parliamentary Counsel 33 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (2) The request must— (a) be in writing; and (b) set out— (i) the matters to be addressed by the required revision; and (ii) the proposed date of effect of the revision; and (iii) the grounds for the request. S. 59 59 Compliance with request amended by No. 39/2005 s. 52(Sch. 2 An operator or manufacturer must comply with a item 2). request under section 58 within the time (being not less than 60 days) specified by Energy Safe Victoria in the request. Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units.

60 Lapsing of safety case S. 60(1) (1) If an operator of a complex gas installation or amended by Nos 91/1998 manufacturer of a class of Type B appliances or a s. 27(1)(2), class of complex gas installations fails to comply 39/2005 s. 52(Sch. 2 with section 57 or 58, Energy Safe Victoria, by item 2). notice in writing to the operator or manufacturer, may determine that the accepted safety case applying to that gas installation or class of appliances or class of gas installations has lapsed. S. 60(2) (2) An operator of a complex gas installation or a amended by Nos 91/1998 manufacturer of a class of Type B appliances or a s. 27(1)(2), class of complex gas installations may, by notice 39/2005 s. 52(Sch. 2 in writing to Energy Safe Victoria, withdraw an item 2). accepted safety case applying to that gas installation or class of appliances or class of gas installations. Authorised by the Chief Parliamentary Counsel 34 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (3) If an accepted safety case has lapsed or been withdrawn, any exemption granted under section 55 in respect of that safety case lapses.

61 Duty of operator of complex gas installation S. 61 amended by No. 91/1998 The operator of a complex gas installation to s. 27(1). which an accepted safety case applies must manage and operate that gas installation to minimise as far as practicable— (a) the hazards and risks to the safety of the public arising from the use of the gas installation; and (b) the hazards and risks to property arising from the use of the gas installation. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units.

62 Duty of manufacturer of Type B appliances A manufacturer of a class of Type B appliances in respect of which an accepted safety case applies must ensure that those appliances are manufactured and installed in such a manner to minimise as far as practicable— (a) the hazards and risks to the safety of the public arising from the gas installation; and (b) the hazards and risks to property arising from the gas installation. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 35 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 63 63 Duty of manufacturer of complex gas installations amended by No. 91/1998 A manufacturer of a class of complex gas s. 27(2). installations to which an accepted safety case applies must ensure that those gas installations are manufactured in such a manner to minimise as far as practicable— (a) the hazards and risks to the safety of the public arising from the gas installations; and (b) the hazards and risks to property arising from the gas installations. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units.

64 Compliance with safety case is a defence It is a defence to a prosecution of a person for an offence relating to a breach of a duty set out in section 61, 62 or 63 if the person has complied with the accepted safety case in relation to that duty. Division 4—Approval or authorisation to undertake certain gas work

65 Approval of persons to carry out upstream gas work S. 65(1) (1) Any person may apply to Energy Safe Victoria for amended by No. 39/2005 approval to carry out upstream gas work in s. 52(Sch. 2 relation to a particular facility or class of facility. item 2). (2) An application under subsection (1) must— (a) be in writing; and (b) contain the prescribed information; and (c) be accompanied by the relevant prescribed fee. Authorised by the Chief Parliamentary Counsel 36 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (3) Energy Safe Victoria may grant an approval under S. 65(3) this section to a person to undertake upstream gas amended by No. 39/2005 work or a particular class of upstream gas work in s. 52(Sch. 2 relation to a particular facility or class of facility if items 1, 2). Energy Safe Victoria is satisfied that the applicant has the appropriate qualifications and experience to undertake that work. (4) An approval under this section is granted subject to— (a) any terms, conditions or limitations specified in the approval; and (b) any terms, conditions or limitations which are prescribed. (5) Energy Safe Victoria may at any time suspend or S. 65(5) amended by cancel an approval given under this section. No. 39/2005 s. 52(Sch. 2 item 1).

66 Offence to carry out upstream gas work without approval or authorisation A person must not carry out upstream gas work in relation to any facility unless the person— (a) is approved under section 65 to carry out that work; or (b) is authorised under an accepted safety case to carry out that work. Penalty: In the case of a natural person, 50 penalty units; In the case of a body corporate, 250 penalty units.

67 Standard of gas work A person who carries out gas work in relation to a facility must carry out that work competently and with due regard to safety. Authorised by the Chief Parliamentary Counsel 37 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety Division 5—Appliances and gas installations S. 68AA 68AA Definition inserted by No. 57/2009 In this Division— s. 19. ESV approved label means a label approved by Energy Safe Victoria under section 69B. S. 68 68 Authorisation of acceptance scheme amended by No. 39/2005 s. 52(Sch. 2 Energy Safe Victoria, by notice published in the item 1). Government Gazette, may declare any acceptance scheme for appliances or any part of the scheme specified in the notice to be authorised for the purposes of this Act. S. 69 69 Acceptance of appliance by Energy Safe Victoria (Heading) inserted by No. 39/2005 s. 52(Sch. 2 item 9). S. 69(1) (1) Energy Safe Victoria, on the application of any amended by No. 39/2005 person, may accept an appliance or class of s. 52(Sch. 2 appliances for the purposes of this Act. item 1). (2) An application must— (a) be in writing; and (b) contain or be accompanied by the prescribed information; and (c) be made in accordance with the regulations; and (d) be accompanied by the relevant prescribed fee. S. 69(3) (3) Energy Safe Victoria must notify the applicant in amended by No. 39/2005 writing of its decision— s. 52(Sch. 2 item 1). (a) to accept an appliance or class of appliances; or Authorised by the Chief Parliamentary Counsel 38 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (b) to accept an appliance or class of appliances S. 69(3)(b) subject to the conditions specified by Energy amended by No. 39/2005 Safe Victoria; or s. 52(Sch. 2 item 2). (c) not to accept an appliance or class of appliances. (4) The conditions specified by Energy Safe Victoria S. 69(4) amended by in respect of an appliance or class of appliances No. 39/2005 may include— s. 52(Sch. 2 item 2). (a) requirements for the testing of the appliance S. 69(4)(a) amended by or appliances in accordance with the No. 39/2005 regulations by a person or body approved by s. 52(Sch. 2 item 2). Energy Safe Victoria; and (b) requirements for modifications to be made to the appliance or appliances; and (c) requirements for the affixing of compliance plates to the appliance or appliances in accordance with the regulations. (5) Without limiting subsection (3), Energy Safe S. 69(5) amended by Victoria may decide not to accept an application No. 39/2005 under this section if an acceptance scheme s. 52(Sch. 2 item 2). authorised under this Division exists for the appliance. (6) If Energy Safe Victoria decides not to accept an S. 69(6) amended by appliance or class of appliance under this section No. 39/2005 it must notify the applicant in writing of the s. 52(Sch. 2 item 2). reasons for the decision. (7) If Energy Safe Victoria accepts an appliance or S. 69(7) amended by class of appliance subject to conditions, the No. 39/2005 acceptance takes effect in respect of an appliance s. 52(Sch. 2 item 2). when the conditions are complied with. Authorised by the Chief Parliamentary Counsel 39 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 69A 69A Declaration of non-acceptance of appliance inserted by No. 91/2000 s. 22. S. 69A(1) (1) Energy Safe Victoria may, by notice published in amended by No. 39/2005 the Government Gazette, declare that an appliance s. 52(Sch. 2 or class of appliances is no longer accepted for the item 1). purposes of this Act. S. 69A(2) (2) If a notice under this section relates to a class of amended by No. 39/2005 appliances, Energy Safe Victoria must also s. 52(Sch. 2 publish that notice in a newspaper circulating item 2). generally in the State. S. 69A(3) (3) If a notice under this section relates to a particular amended by No. 39/2005 appliance, Energy Safe Victoria must also notify, s. 52(Sch. 2 in writing, the owner of the appliance or the item 2). occupier of the premises in which that appliance is installed of that notice. S. 69A(4) (4) Energy Safe Victoria may make a declaration amended by No. 39/2005 under this section only if it appears to Energy Safe s. 52(Sch. 2 Victoria that the appliance or class of appliances items 1, 2). is, or is likely to be, unsafe to use. (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— (a) not to be accepted under an acceptance scheme authorised under this Division; or S. 69A(5)(b) (b) not to be accepted by Energy Safe Victoria amended by No. 39/2005 under this Division. s. 52(Sch. 2 item 2). S. 69B 69B Approval of label for Type A appliances inserted by No. 57/2009 s. 20. Energy Safe Victoria may, by notice published in the Government Gazette, approve a label for the purposes of section 70(1) or 71(1). Authorised by the Chief Parliamentary Counsel 40 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

70 Offence to install certain Type A appliances S. 70 amended by No. 91/2000 s. 23 (ILA s. 39B(1)). (1) A person must not knowingly install a Type A S. 70(1) amended by appliance unless the appliance has— No. 39/2005 s. 52(Sch. 2 (a) been accepted under an acceptance scheme item 2), substituted by authorised under this Division or accepted by No. 57/2009 Energy Safe Victoria under this Division; s. 21. and (b) an ESV approved label affixed to it. Penalty: In the case of a natural person, 40 penalty units. In the case of a body corporate, 200 penalty units. (2) Subsection (1) does not apply to a person who S. 70(2) inserted by installs a Type A appliance of a prescribed class No. 91/2000 after an application is made for acceptance of the s. 23. appliance— (a) under an acceptance scheme authorised under this Division; or (b) by Energy Safe Victoria under this Division. S. 70(2)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2). (3) A person must not commission for use a Type A S. 70(3) inserted by appliance that is installed in accordance with No. 91/2000 subsection (2) unless the appliance has been s. 23. accepted— (a) under an acceptance scheme authorised under this Division; or Authorised by the Chief Parliamentary Counsel 41 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 70(3)(b) (b) by Energy Safe Victoria under this Division. amended by No. 39/2005 s. 52(Sch. 2 item 2). Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 71 71 Offence to supply or sell unaccepted or unlabelled (Heading) inserted by appliances No. 57/2009 s. 22(1). S. 71 amended by No. 91/2000 s. 24 (ILA s. 39B(1)). S. 71(1) (1) A person must not supply or offer to supply or sell amended by No. 39/2005 or offer to sell a Type A appliance unless the s. 52(Sch. 2 appliance has— item 2), substituted by No. 57/2009 (a) been accepted under an acceptance scheme s. 22(2), authorised under this Division or accepted by amended by No. 59/2011 Energy Safe Victoria under this Division; s. 35. and (b) an ESV approved label affixed to it. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 71(2) (2) Subsection (1) does not apply to a person who inserted by No. 91/2000 supplies or offers to supply or sells or offers to s. 24. 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 Authorised by the Chief Parliamentary Counsel 42 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (b) by Energy Safe Victoria under this S. 71(2)(b) Division— amended by No. 39/2005 s. 52(Sch. 2 item 2). has been made for that appliance before that appliance is supplied or sold or offered for supply or sale. (3) If subsection (2) applies to an appliance, a person S. 71(3) inserted by must not supply or offer to supply or sell or offer No. 91/2000 to sell that appliance unless the person first s. 24. informs the person to whom the supply or sale or offer is to be made of the requirements of sections 70 and 72. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units.

71A Offence to sell unsafe appliances S. 71A inserted by No. 91/2000 (1) A person must not knowingly, recklessly or s. 25. 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, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) Subsection (1) does not apply to a person who— (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 appliance is supplied or sold or offered for supply or sale, that the appliance is unsafe. Authorised by the Chief Parliamentary Counsel 43 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (3) In this section— appliance refurbisher and repairer means a person who carries on the business of repairing, rebuilding or refurbishing appliances. S. 71B 71B False labelling in relation to Type A appliances inserted by No. 91/2000 s. 25, A person must not, in connection with the supply amended by or possible supply or sale of a Type A appliance, No. 31/2006 s. 6. affix or cause to be affixed a label or compliance plate to the appliance that falsely represents that the appliance has been, and continues to be— (a) accepted under an acceptance scheme authorised under this Division; or S. 71B(b) (b) accepted by Energy Safe Victoria under this amended by No. 39/2005 Division. s. 52(Sch. 2 item 2). Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 71C 71C Unsafe modifications to Type A appliances inserted by No. 91/2000 s. 25. (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 its intended purpose. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. Authorised by the Chief Parliamentary Counsel 44 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (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 (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 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).

72 Compliance with prescribed standards and requirements for work on gas installation (1) A person carrying out gasfitting work must ensure that that work complies with— (a) the prescribed standards and requirements in relation to that work; or (b) the standards determined by Energy Safe S. 72(1)(b) amended by Victoria under the regulations in relation to No. 39/2005 that work. s. 52(Sch. 2 item 2). Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) A person carrying out gasfitting work on an appliance or gas installation must ensure that the appliance or gas installation complies with— (a) the prescribed standards and requirements in relation to that appliance or gas installation; or Authorised by the Chief Parliamentary Counsel 45 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 72(2)(b) (b) the standards determined by Energy Safe amended by Victoria under the regulations in relation to No. 39/2005 s. 52(Sch. 2 that work. item 2). Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 72(3) (3) A person may apply to Energy Safe Victoria in amended by No. 39/2005 accordance with the regulations for an exemption s. 52(Sch. 2 from all or any of the standards or requirements item 2). referred to in this section. S. 72(4) (4) Energy Safe Victoria may grant the exemption if amended by No. 39/2005 it is satisfied that— s. 52(Sch. 2 item 10(a)(b)). (a) compliance with the standard or requirement does not warrant the cost of compliance; and (b) the degree of safety attained by other means is acceptable. (5) An exemption may be granted on such conditions as are specified in the exemption. (6) A person to whom an exemption applies must comply with any conditions specified in the exemption. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. Authorised by the Chief Parliamentary Counsel 46 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

73 Acceptance of gas installation (1) A person who carries out work on a complex gas S. 73(1) substituted by installation or on a standard gas installation of a No. 91/1998 prescribed class must apply to Energy Safe s. 28(1), amended by Victoria for acceptance of the gas installation No. 39/2005 before the gas installation is commissioned. s. 52(Sch. 2 item 2). Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) An application must— (a) be in writing; and (b) contain or be accompanied by the prescribed information; and (c) contain or be accompanied by a statement of compliance in the prescribed form made and signed by a prescribed person or a person in a prescribed class of persons; and (d) be made in accordance with the regulations; and (e) be accompanied by the relevant prescribed fee. (3) Energy Safe Victoria must notify the applicant in S. 73(3) amended by writing of its decision— No. 39/2005 s. 52(Sch. 2 (a) to accept the gas installation; or item 1). (b) to accept the gas installation subject to the S. 73(3)(b) amended by conditions specified by Energy Safe No. 39/2005 Victoria; or s. 52(Sch. 2 item 2). (c) not to accept the gas installation. Authorised by the Chief Parliamentary Counsel 47 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 73(4) (4) The conditions specified by Energy Safe Victoria amended by in respect of a gas installation may include— No. 39/2005 s. 52(Sch. 2 item 2). S. 73(4)(a) (a) requirements for the testing of the gas amended by No. 39/2005 installation in accordance with the s. 52(Sch. 2 regulations by a person or body approved by item 2). Energy Safe Victoria; and (b) requirements for modifications to be made to the gas installation; and S. 73(4)(c) (c) requirements for the affixing of compliance amended by No. 91/1998 plates to the gas installation or to any s. 28(2). appliance forming part of the gas installation in accordance with the regulations. S. 73(5) (5) If Energy Safe Victoria decides not to accept a gas amended by No. 39/2005 installation under this section it must notify the s. 52(Sch. 2 applicant in writing of the reasons for the item 2). decision. S. 73(6) (6) If Energy Safe Victoria accepts a gas installation amended by No. 39/2005 subject to certain conditions, the acceptance takes s. 52(Sch. 2 effect when the conditions are complied with. item 2). (7) This section does not apply to a gas installation if an accepted safety case applies in relation to the gas installation. (8) This section does not apply to repair or maintenance work on a gas installation. S. 73(9) (9) In this section gas installation includes part of a inserted by No. 91/1998 gas installation. s. 28(3). Authorised by the Chief Parliamentary Counsel 48 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety

74 Offence to use Type B appliance Except in the prescribed circumstances, a person must not use a Type B appliance unless the gas installation of which that appliance forms part— (a) has been accepted by Energy Safe Victoria in S. 74(a) amended by accordance with this Division; or No. 39/2005 s. 52(Sch. 2 item 2). (b) has been installed in accordance with an accepted safety case. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units.

75 Offence to supply or sell certain appliances without giving required information If section 74 applies to a Type B appliance, a person must not supply or offer to supply or sell or offer to sell a Type B appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of section 74. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units.

76 Prohibition of supply or sale of gas installations, S. 76 substituted by appliances and components No. 91/2000 s. 26. (1) Energy Safe Victoria, by notice published in the S. 76(1) amended by Government Gazette and in a newspaper No. 39/2005 circulating generally in the State, may prohibit the s. 52(Sch. 2 item 1). supply or sale of— Authorised by the Chief Parliamentary Counsel 49 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (a) a gas installation or gas installations of a specified class; or (b) an appliance or appliances of a specified class; or (c) a component or components of a specified class. (2) A prohibition under subsection (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. S. 76(3) (3) Energy Safe Victoria, by notice in writing given to amended by No. 39/2005 a person, may prohibit that person from supplying s. 52(Sch. 2 or selling— item 1). (a) a gas installation or gas installations of a specified class; or (b) an appliance or appliances of a specified class; or (c) a component or components of a specified class. (4) A notice given under subsection (3) operates from the date of the notice or such later date as is specified in that notice. S. 76(5) (5) Energy Safe Victoria may exercise a power of amended by No. 39/2005 prohibition under this section only if it appears to s. 52(Sch. 2 Energy Safe Victoria that— items 1, 2). (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 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, appliances or components of that class, is warranted Authorised by the Chief Parliamentary Counsel 50 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety 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 component or gas installations, appliances or components of that class. (6) Energy Safe Victoria may withdraw a prohibition S. 76(6) amended by made under subsection (1) by notice published in No. 39/2005 the Government Gazette and in a newspaper s. 52(Sch. 2 item 1). circulating generally in the State. (7) Energy Safe Victoria may withdraw a prohibition S. 76(7) amended by made under subsection (3) by notice given to the No. 39/2005 person to whom the prohibition was given. s. 52(Sch. 2 item 1). (8) This section applies whether or not the gas S. 76(8) amended by installation, appliance or component, or class of No. 39/2005 gas installations, appliances or components was s. 52(Sch. 2 item 2). accepted by Energy Safe Victoria or accepted under an acceptance scheme authorised under this Division.

77 Offence to disobey prohibition (1) A person must not, while a prohibition under section 76(1) remains in force, do anything prohibited by that prohibition. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. (2) A person must not, while a prohibition under S. 77(2) amended by section 76(3) remains in force, do anything No. 91/2000 prohibited by that prohibition. s. 27. Penalty: In the case of a natural person, 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 51 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 78 78 Recall of gas installations, appliances or components substituted by No. 91/2000 s. 28. S. 78(1) (1) Energy Safe Victoria may make a requirement amended by No. 39/2005 under this section only if it appears to Energy Safe s. 52(Sch. 2 Victoria that— items 1, 2). (a) a gas installation, appliance or component is, or is likely to become, by reason of its design or construction, unsafe to use; or (b) specific action is necessary— S. 78(1)(b)(i) (i) to make a gas installation, appliance amended by No. 1/2017 or component, or gas installations, s. 14(1)(a). appliances or components of a particular class, safe to use; or S. 78(1)(b)(ii) (ii) to render safe the use of a gas amended by No. 1/2017 installation, appliance or component, s. 14(1)(b). or gas installations, appliances or components of a particular class; or S. 78(1)(c) (c) a gas appliance does not comply with the inserted by No. 1/2017 standard that the gas appliance was certified s. 14(1)(c). as complying with under an acceptance scheme authorised under this Division. S. 78(2) (2) Energy Safe Victoria, by written notice served on amended by No. 39/2005 a person to whom this section applies, may require s. 52(Sch. 2 the person to take, within the period specified in item 1), substituted by the notice, the action specified in the notice in No. 1/2017 relation to the particular gas installation, appliance s. 14(2). or component specified in the notice or a particular class of gas installations, appliances or components specified in the notice. S. 78(2A) (2A) This section applies to a person— inserted by No. 1/2017 s. 14(2). (a) who supplies or has supplied gas installations, appliances or components in the course of the person's business; and Authorised by the Chief Parliamentary Counsel 52 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (b) who has supplied or sold— (i) the particular gas installation, appliance or component specified in the notice; or (ii) gas installations, appliances or components of a particular class specified in the notice. Example Company A was in the business of supplying gas installations, appliances and components. Company A then ceased supplying gas installations, appliances and components. Energy Safe Victoria may issue a notice to Company A under this section in respect of gas installations, appliances and components it supplied in the course of its business. (3) The action specified in the notice may consist of S. 78(3) amended by or include any of the following actions in relation No. 1/2017 to the particular gas installation, appliance or s. 14(3)(a). component specified in the notice, or gas installations, appliances or components of a particular class specified in the notice— (a) sending a written request to the person to whom the gas installation, appliance or component, or a gas installation, appliance or component of the same class, was supplied or sold— (i) to return the gas installation, appliance or component to the 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 who supplied or sold the gas installation, appliance or component; Authorised by the Chief Parliamentary Counsel 53 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety S. 78(3)(b) (b) placing an advertisement requesting all amended by persons to whom a gas installation, appliance No. 39/2005 s. 52(Sch. 2 or component of that class was supplied or item 11). sold— (i) to return the gas installation appliance or component to the 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 who supplied or sold the gas installation, appliance or component; S. 78(3)(c) (c) making the gas installation, appliance or amended by No. 1/2017 component, or gas installations, appliances s. 14(3)(b). or components of that class safe to use or rendering safe the use of that gas installation, appliance or component in the manner specified in the notice; S. 78(3)(d) (d) carrying out inspections and tests on— inserted by No. 1/2017 s. 14(3)(c). (i) that gas installation, appliance or component; or (ii) gas installations, appliances or components of that class; S. 78(3)(e) (e) rectifying— inserted by No. 1/2017 s. 14(3)(c). (i) that gas installation, appliance or component so it complies with a specified standard; or (ii) gas installations, appliances or components of that class so they comply with a specified standard; S. 78(3)(f) (f) repairing or replacing— inserted by No. 1/2017 s. 14(3)(c). (i) that gas installation, appliance or component; or Authorised by the Chief Parliamentary Counsel 54 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (ii) gas installations, appliances or components of that class; (g) arranging for the disconnection from the S. 78(3)(g) inserted by supply of gas of— No. 1/2017 s. 14(3)(c). (i) that gas installation, appliance or component; or (ii) gas installations, appliances or components of that class; (h) modifying premises on which— S. 78(3)(h) inserted by No. 1/2017 (i) that gas installation, appliance or s. 14(3)(c). component is used or installed so it is safe to use; or (ii) gas installations, appliances or components of that class are used or installed so they are safe to use; (i) affixing warning labels to— S. 78(3)(i) inserted by No. 1/2017 (i) that gas installation, appliance or s. 14(3)(c). component; or (ii) gas installations, appliances or components of that class; or (iii) the premises on which— (A) that gas installation, appliance or component is used or installed; or (B) gas installations, appliances or components of that class are used or installed; (j) giving specified information to owners of S. 78(3)(j) inserted by premises on which— No. 1/2017 s. 14(3)(c). (i) that gas installation, appliance or component is used or installed; or Authorised by the Chief Parliamentary Counsel 55 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (ii) gas installations, appliances or components of that class are used or installed; S. 78(3)(k) (k) giving specified information to occupiers of inserted by No. 1/2017 premises on which— s. 14(3)(c). (i) that gas installation, appliance or component is used or installed; or (ii) gas installations, appliances or components of that class are used or installed; S. 78(3)(l) (l) placing an advertisement containing inserted by No. 1/2017 specified information in a specified s. 14(3)(c). publication that is not a newspaper; S. 78(3)(m) (m) publishing specified information on the inserted by No. 1/2017 person's Internet site. s. 14(3)(c). S. 78(3A) (3A) An advertisement referred to in subsection (3)(b) inserted by No. 39/2005 must be— s. 52(Sch. 2 item 12). (a) in a form approved by Energy Safe Victoria; and (b) placed in a newspaper or newspapers— (i) specified by Energy Safe Victoria; and (ii) for a period or periods specified by Energy Safe Victoria. S. 78(4) (4) Energy Safe Victoria may alter or revoke a amended by No. 39/2005 requirement under this section by notice given to s. 52(Sch. 2 the person of whom the requirement was made. item 1). S. 78(5) (5) This section applies whether or not the gas amended by No. 39/2005 installation, appliance or component or class of s. 52(Sch. 2 gas installations, appliances or components was item 2). accepted by Energy Safe Victoria or accepted Authorised by the Chief Parliamentary Counsel 56 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety under an acceptance scheme authorised under this Division. (6) A person who is required to take action specified S. 78(6) inserted by in a notice under this section must pay the cost of No. 1/2017 taking that action. s. 14(4). (7) A requirement specified in a notice served on a S. 78(7) inserted by person under this section does not have effect to No. 1/2017 the extent that it is inconsistent with a requirement s. 14(4). for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).

79 Offence to fail to comply with requirement S. 79 amended by No. 1/2017 (1) A person of whom a requirement is made under s. 15 (ILA section 78 must comply with that requirement. s. 39B(1)). Penalty: In the case of a natural person, 200 penalty units or 2 years imprisonment or both; In the case of a body corporate, 1000 penalty units. (2) A person required to give specified information to S. 79(2) inserted by an owner or occupier under section 78(3)(j) or (k) No. 1/2017 does not commit an offence against subsection (1) s. 15. if the person— (a) did not know the identity or location of the owner or occupier; and (b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and (c) could not identify or locate the owner or occupier after making reasonable inquiries. Authorised by the Chief Parliamentary Counsel 57 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety Pt 3 Div. 6 Division 6—Further offences relating to gas safety (Heading) inserted by No. 91/2000 s. 29. S. 79A 79A Supply or sale of certain types of liquefied inserted by No. 91/1998 petroleum gas s. 29, substituted by (1) A person, other than a gas company, must not No. 91/2000 s. 29. knowingly supply or offer to supply or sell or offer to sell any type of liquefied petroleum gas for use in an appliance unless— (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 requirements in relation to the supply or sale of that gas. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) This section does not apply to a prescribed appliance or class of appliances. S. 79B 79B Interference with gas company pipelines inserted by No. 91/2000 s. 29. 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— (a) the person has the authority of that gas company to do so; or Authorised by the Chief Parliamentary Counsel 58 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety (b) if notice of the person's intention to do so is required to be given to that gas company under the regulations, the 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.

79C Interference with transmission pipelines S. 79C inserted by No. 91/2000 (1) A person must not carry out any excavation or s. 29. boring or open any ground within 3 metres of a transmission pipeline unless— (a) the person has the authority of the gas 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 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. (2) This section does not apply to— (a) an owner or occupier of any land on or 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 (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 Authorised by the Chief Parliamentary Counsel 59 Gas Safety Act 1997 No. 99 of 1997 Part 3—Gas safety depth of not more than 300 millimetres in that land. S. 79D 79D Interference with pipeline, gas installation or meter inserted by No. 91/2000 assembly s. 29. (1) A person must not knowingly, recklessly or negligently break, injure, open or tamper 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, 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. S. 79DA 79DA Safety of gas installations—building work inserted by No. 35/2013 s. 15. (1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make— (a) a gas installation at the premises unsafe; or (b) a building at the premises unsafe if that premises is supplied with gas. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (2) In this section— building work has the same meaning as in the Building Act 1993. Authorised by the Chief Parliamentary Counsel 60 Gas Safety Act 1997 No. 99 of 1997 Part 3A—Energy efficiency Part 3A—Energy efficiency Pt 3A (Heading and ss 79E, 79F) inserted by No. 91/2000 s. 30.

79E Proclaimed gas equipment S. 79E inserted by No. 91/2000 The Governor in Council, by Order published in s. 30. the Government Gazette, may declare that any class, description or type of 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 supplied unless S. 79F inserted by registered and labelled No. 91/2000 s. 30. 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 accordance with the regulations relating to energy efficiency. Penalty: 50 penalty units. Authorised by the Chief Parliamentary Counsel 61 Gas Safety Act 1997 No. 99 of 1997 Part 4—Rights of review Pt 4 (Heading and ss 80–85) Part 4—Rights of review amended by No. 91/2000 s. 31(a)(b), substituted as Pt 4 (Heading and s. 80) by No. 24/2002 s. 13. S. 80 80 Applications to review substituted by No. 24/2002 s. 13. S. 80(1) (1) A person who is aggrieved by a decision of amended by No. 39/2005 Energy Safe Victoria set out in subsection (2) may s. 52(Sch. 2 apply to the Tribunal for review of the decision. item 2). (2) An application for review may be made to the Tribunal in relation to the following— (a) a decision under section 65 not to approve a person to carry out upstream gas work; (b) a decision under section 65 to cancel or suspend an approval given under that section; (c) a refusal under section 69 to accept an appliance; (d) a declaration under section 69A that an appliance or class of appliances is no longer accepted; (e) a refusal under section 73 to accept a gas installation; (f) a condition on an acceptance under section 69 or 73; (g) a prohibition under section 76; (h) a requirement under section 78. Authorised by the Chief Parliamentary Counsel 62 Gas Safety Act 1997 No. 99 of 1997 Part 4—Rights of review (3) A person to whom an improvement notice or prohibition notice is issued under Part 6 may apply to the Tribunal for review of either or both of the following— (a) the decision to issue the notice; (b) any requirement contained in the notice. (4) An application for review under subsection (3) must be made within 7 days after the later of— (a) the day on which the improvement notice or the prohibition notice (as the case requires) is received by the person making the application; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed, under section 46(5) of that Act that a statement of reasons will not be given. (5) Any other application for review under this section must be made within 28 days after the later of— (a) the day on which notice of the decision is received by the person; or (b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed, under section 46(5) of that Act that a statement of reasons will not be given. * * * * * Ss 81–85 repealed by No. 24/2002 s. 13. Authorised by the Chief Parliamentary Counsel 63 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection Part 5—Inspection Division 1—Appointment of inspectors

86 Inspectors S. 86(1) (1) The Director may appoint an officer or employee substituted by No. 39/1999 of Energy Safe Victoria or an agent or contractor s. 32(1), of Energy Safe Victoria to be an inspector for the amended by Nos 32/2001 purposes of this Act and the Gas Industry s. 34(2), Act 2001. 39/2005 s. 52(Sch. 2 item 2). S. 86(2) (2) The Director must give an identity card to each amended by No. 39/1999 person who is appointed an inspector. s. 32(2)(a). (3) The identity card— (a) must be signed by the Director; and S. 86(3)(b) (b) bear a photograph and the signature of the amended by No. 39/1999 inspector. s. 32(2)(b). S. 86(4) (4) An inspector must produce his or her identity card amended by No. 39/1999 for inspection— s. 32(2)(c), substituted by No. 91/2000 s. 32. S. 86(4)(a) (a) before performing a function under this Act amended by No. 32/2001 or the Gas Industry Act 2001; and s. 34(3). S. 86(4)(b) (b) at any time during the performance of a amended by No. 32/2001 function under this Act or the Gas Industry s. 34(3). Act 2001, if asked to do so. Penalty: 10 penalty units. Authorised by the Chief Parliamentary Counsel 64 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection (5) The Director must not appoint an agent or S. 86(5) contractor of Energy Safe Victoria to be an substituted by No. 39/1999 inspector unless satisfied that the agent or s. 32(3), contractor— amended by No. 39/2005 (a) is competent to exercise the functions of an s. 52(Sch. 2 item 2). inspector; and (b) is of good repute, having regard to character, honesty and integrity; and (c) agrees in writing to carry out the functions of S. 86(5)(c) amended by an inspector in accordance with such criteria No. 39/2005 as are established from time to time by s. 52(Sch. 2 item 2). Energy Safe Victoria. Division 2—Powers of entry—general

87 Powers of entry—safety cases and gas incidents (1) An inspector may exercise powers under this section only to the extent that is reasonably necessary to do so for the purpose of— (a) investigating a gas incident; or (b) determining compliance with a safety case; S. 87(1)(b) amended by or No. 91/2000 s. 33(1). (c) monitoring the safety of gas installations; or S. 87(1)(c) inserted by No. 91/2000 s. 33(1). (d) determining compliance with this Act or the S. 87(1)(d) inserted by regulations. No. 91/2000 s. 33(1). (1A) An inspector must obtain the prior written consent S. 87(1A) inserted by of Energy Safe Victoria before each exercise of a No. 91/2000 power under this section for a purpose set out in s. 33(2), amended by subsection (1)(c) or (d). No. 39/2005 s. 52(Sch. 2 item 2). Authorised by the Chief Parliamentary Counsel 65 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection S. 87(2) (2) Subject to subsection (2A), an inspector may enter amended by any residence or the land on which a residence is No. 91/2000 s. 33(3). situated if— (a) the inspector gives the occupier not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the inspector enters the land or residence; and (b) the occupier consents in writing to that entry; and (c) the entry occurs only between 8 a.m. and 6 p.m., unless the occupier consents in writing to entry outside those hours. S. 87(2A) (2A) An inspector may not, for a purpose set out in inserted by No. 91/2000 subsection (1)(c) or (d), enter— s. 33(4). (a) a residence; or (b) land (other than land that is used for a commercial or industrial purpose) on which a residence is situated. (3) An inspector may enter any other land or premises during normal business hours. (4) In carrying out an inspection under this section, an inspector must— (a) cause as little harm and inconvenience or damage as possible; and (b) not remain on the land or premises any longer than is reasonably necessary; and (c) leave the land or premises as nearly as possible in the same condition as it was found prior to the inspection being carried out. (5) An inspector may not exercise any powers under this section if the inspector fails to produce, on request, his or her identity card for inspection by the occupier of the land or premises. Authorised by the Chief Parliamentary Counsel 66 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection (6) If an inspector exercises a power of entry under S. 87(6) this section, without the owner or occupier being inserted by No. 91/2000 present, the inspector must— s. 33(5). (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 while on the land or premises; and (iv) the time of departure; and (v) the procedure for contacting Energy S. 87(6)(a)(v) amended by Safe Victoria for further details of the No. 39/2005 entry; and s. 52(Sch. 2 item 2). (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 (ii) to the occupier of the land or premises, if the identity and address of that occupier are known to the inspector.

88 Occupier to be given copy of consent (1) An occupier who consents in writing to entry of his or her residence or the land on which the residence is situated under section 87 must be given a copy of the signed consent immediately. (2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry under section 87. Authorised by the Chief Parliamentary Counsel 67 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection

89 Emergency access (1) An inspector may enter any land or premises at any time in an emergency if there is a threat to the safety of persons or property arising from a situation relating to gas. (2) If an inspector exercises a power of entry under this section, without the owner or occupier being present, the inspector must, on leaving the land or premises, leave a notice setting out— (a) the time of entry; and (b) the purpose of entry; and (c) a description of all things done while on the land or premises; and (d) the time of departure; and S. 89(2)(e) (e) the procedure for contacting Energy Safe amended by No. 39/2005 Victoria for further details of the entry. s. 52(Sch. 2 item 2).

90 Powers on entry (1) On exercising a power of entry under this Division, an inspector may for the purpose for which the power of entry was exercised— (a) search the land or premises and anything found at the land or premises; (b) inspect and take photographs (including video recordings), or make sketches, of the land or premises or anything on the land or at the premises; (c) inspect, and make copies of, or take extracts from, any document kept on the land or at the premises; Authorised by the Chief Parliamentary Counsel 68 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection (d) seize anything on the land or at the premises the inspector believes on reasonable grounds that it is necessary to seize in order to prevent its concealment, loss or destruction; (e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any appliance, gas installation, gas pipe, gas fitting, apparatus or equipment that the inspector considers unsafe or does not comply with this Act or the regulations or was involved in a gas incident. (2) If an inspector is unable to ascertain the identity of the owner or custodian of anything seized, the inspector must— (a) leave a receipt with, or post it to, the owner of the land or premises from which the thing was seized; and (b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the owner of the land or premises from which the document was seized.

91 Return of things seized (1) If an inspector seizes a thing under section 90, the inspector must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists. (2) If the thing has not been returned within 14 days after it is seized, the inspector must take reasonable steps to return it unless— (a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or (b) a court makes an order under section 92 extending the period of 14 days. Authorised by the Chief Parliamentary Counsel 69 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection

92 Magistrates' Court may extend period (1) An inspector may apply to the Magistrates' Court before the expiration of the period referred to in section 90 or within a period extended by the Court under this section for an extension of that period. (2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary— (a) for the purposes of an investigation into whether an offence has been committed; or (b) to enable evidence of an offence to be obtained for the purposes of a prosecution. (3) The Court may adjourn an application to enable notice of the application to be given to any person. S. 93 93 Entry to be reported to the Director substituted by No. 24/2002 s. 14. (1) If an inspector exercises a power of entry under this Division, the inspector must report the exercise of the power to the Director within 3 business days after the exercise of the power of entry. (2) The report must be in writing and include all relevant details of the entry including the following— (a) the full name of the inspector; and (b) the time of the entry; and (c) the address of the land or premises entered; and (d) the purpose of the entry; and (e) a description of all things done while on the land or premises, including photographs or video recordings taken, and details of items inspected, examined or tested, and details of Authorised by the Chief Parliamentary Counsel 70 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection items seized or removed, copies made and extracts taken; and (f) the time of departure from the land or premises. (3) The Director must keep a register containing the particulars of all matters reported to the Director under this section. (4) The Director must keep, as part of that register, the register sent to it under clause 6(1)(a) of Schedule 1. Division 3—Powers of entry—enforcement

94 Powers of entry—enforcement (1) If an inspector has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the inspector may— (a) enter the land or premises; and (b) search for and seize the thing. S. 94(1)(b) amended by No. 59/2011 s. 36(1). (2) An inspector must not enter and search land or S. 94(2) amended by premises or seize any thing under this Division No. 59/2011 except— s. 36(2). (a) with the written consent of the occupier of the land or premises; or (b) under the authority of a search warrant. (3) Before the occupier consents to entry and search S. 94(3) inserted by of his or her residence under this section, the No. 59/2011 inspector must inform the occupier— s. 36(3). (a) of the purpose of the search; and Authorised by the Chief Parliamentary Counsel 71 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection (b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and (c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings. S. 94(4) (4) If the occupier consents to entry and search, the inserted by No. 59/2011 inspector must ask the occupier to sign an s. 36(3). acknowledgement stating— (a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and (b) that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything; and (c) that the occupier has consented to such an entry and search. S. 94(5) (5) If the occupier consents to the seizure of any thing inserted by No. 59/2011 during a search under this section, the inspector s. 36(3). must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing. S. 95 95 Occupier to be given copy of acknowledgement substituted by No. 59/2011 s. 37. (1) An occupier who signs an acknowledgement under section 94 must be given a copy of the signed acknowledgement immediately. (2) If, in any proceeding, an acknowledgement is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of the thing. Authorised by the Chief Parliamentary Counsel 72 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection

96 Search warrant (1) An inspector may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the inspector believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations. (3) The search warrant may authorise an inspector named in the warrant and any assistants the inspector considers necessary— (a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and (b) to search for and seize the thing named or S. 96(3)(b) amended by described in the warrant. No. 59/2011 s. 38. (4) In addition to any other requirement, a search warrant issued under this section must state— (a) the offence suspected; and (b) the land or premises to be searched; and (c) a description of the thing for which the search is to be made; and (d) any conditions to which the warrant is subject; and Authorised by the Chief Parliamentary Counsel 73 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection (e) whether entry is authorised to be made at any time or during stated hours; and (f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect. (5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act. (6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

97 Announcement before entry (1) Before executing a search warrant, the inspector named in the warrant or a person assisting the inspector named in the warrant must— (a) announce that he or she is authorised by the warrant to enter the land or premises; and (b) give any person at the land or premises an opportunity to allow entry to the land or premises. (2) The inspector or a person assisting the inspector need not comply with subsection (1) if he or she believes on reasonable grounds that immediate entry to the land or premises is required to ensure— (a) the safety of any person; or (b) that the effective execution of the warrant is not frustrated.

98 Copy of warrant to be given to occupier If the occupier or another person who apparently represents the occupier is present at the land or premises when a search warrant is being executed, the inspector must— Authorised by the Chief Parliamentary Counsel 74 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection (a) identify himself or herself to that person by producing his or her identity card for inspection by that person; and (b) give to that person a copy of the execution copy of the warrant. Division 4—General

99 Power of inspector to require information or documents (1) An inspector may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of— (a) investigating a gas incident; or (b) investigating an emergency where there is a threat to the safety of persons or property arising from a situation relating to gas; or (c) determining compliance with a safety case; S. 99(1)(c) amended by or No. 31/2006 s. 7(1). (d) determining compliance with this Act or the S. 99(1)(d) inserted by regulations. No. 31/2006 s. 7(2). (1A) An inspector must obtain the prior written consent S. 99(1A) inserted by of Energy Safe Victoria before each exercise of a No. 31/2006 power under this section for the purpose of s. 7(3). determining compliance with this Act or the regulations. (2) An inspector may require a person to give information to the inspector, to produce documents to the inspector and to give reasonable assistance to the inspector. Authorised by the Chief Parliamentary Counsel 75 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection S. 99(3) (3) A person must not refuse or fail, without amended by reasonable excuse, to comply with a requirement No. 31/2006 s. 7(4). made under subsection (2) for a purpose set out in subsection (1)(a), (1)(b) or (1)(c). Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. S. 99(4) (4) A person must not refuse or fail, without inserted by No. 31/2006 reasonable excuse, to comply with a requirement s. 7(5). made under subsection (2) for the purpose of determining compliance with this Act or the regulations. Penalty: In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units.

100 Offence to give false information to inspector A person must not— (a) give information to an inspector under this Part that the person knows to be false or misleading in a material particular; or (b) produce a document to an inspector under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. Authorised by the Chief Parliamentary Counsel 76 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection

101 Copying of documents If a person produces a document to an inspector in accordance with a requirement under section 99, the inspector may make copies of, or take extracts from, the document.

102 Protection against self-incrimination A natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Part if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.

103 Offence to obstruct inspector S. 103 amended by Nos 39/1999 A person must not without reasonable excuse s. 32(4), obstruct or hinder an inspector exercising 32/2001 s. 34(4). functions under this Act or the Gas Industry Act 2001. Penalty: In the case of a natural person, 300 penalty units or 3 years imprisonment or both; In the case of a body corporate, 1500 penalty units.

104 Police to assist inspectors S. 104 amended by Nos 39/1999 s. 32(5), 32/2001 s. 34(5), 37/2014 s. 10(Sch. item 74.2) (ILA s. 39B(1)). (1) An inspector may request the assistance of a S. 104(1) amended by police officer and a police officer may assist an No. 37/2014 inspector to take any action authorised by this Part s. 10(Sch. item 74.1). or the Gas Industry Act 2001. Authorised by the Chief Parliamentary Counsel 77 Gas Safety Act 1997 No. 99 of 1997 Part 5—Inspection S. 104(2) (2) In this section— inserted by No. 37/2014 police officer has the same meaning as in the s. 10(Sch. Victoria Police Act 2013. item 74.2).

105 Impersonation of inspector A person must not impersonate an inspector. Penalty: 100 penalty units. Authorised by the Chief Parliamentary Counsel 78 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement Part 6—Enforcement Division 1—Directions

106 Director may give directions (1) The Director may, in writing, direct any person— (a) to cease the supply of gas to a facility, gas installation or appliance; or (b) to make adjustments to the gas flow or to pressure in a pipeline; or (c) to disconnect a gas installation from the gas supply— if the Director considers that it is necessary to do so for safety reasons. (2) The Director may, in writing, direct a person— (a) to cease to use a particular facility, gas installation or appliance; or (b) to make safe a facility, gas installation or appliance; or (c) to do any other thing necessary to make an unsafe gas situation safe— if the Director considers that it is necessary to do so for safety reasons. (3) A person must comply with a direction under this section that applies to the person. Penalty: In the case of a natural person, 300 penalty units or 3 years imprisonment or both; In the case of a body corporate, 1500 penalty units. Authorised by the Chief Parliamentary Counsel 79 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement

107 Additional powers in emergencies (1) In addition to the powers under section 106, the Director may do anything or give any direction that the Director considers necessary to make a gas emergency situation safe. S. 107(1A) (1A) In addition to the powers under section 106 and inserted by No. 39/1999 subsection (1), the Director may in a gas s. 33(1). emergency situation give any directions the Director considers necessary— (a) to regulate the use of the available supply of gas having regard to the needs of the community; or (b) to facilitate the reliability of the supply of gas; or (c) to facilitate the security of the systems for the transmission or distribution of gas. S. 107(2) (2) A person must comply with a direction under this amended by No. 39/1999 section that applies to the person. s. 33(2). Penalty: In the case of a natural person, 500 penalty units or 5 years imprisonment or both; In the case of a body corporate, 10 000 penalty units. S. 107(3) (3) An offence under subsection (2) is an indictable inserted by No. 39/1999 offence. s. 33(3). S. 107(4) (4) Energy Safe Victoria must include in its annual inserted by No. 39/1999 report for a financial year under Part 7 of the s. 33(3), Financial Management Act 1994, a statement amended by No. 39/2005 setting out details of each direction given by the s. 52(Sch. 2 Director under this section during that financial item 1). year. Authorised by the Chief Parliamentary Counsel 80 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement

107A Power of Minister S. 107A inserted by (1) The Minister, at the request of the Director, may, No. 91/1998 at any time, make a direction in writing amending s. 30. a direction made, or purportedly made, by the Director under section 106 or 107 for the purpose of correcting a defect, mistake or omission in such a direction. (2) If a direction of the Minister under subsection (1) amending a direction of the Director— (a) includes a statement that the direction of the Director is deemed to have been made as so amended; and (b) is made not later than 3 months after the direction of the Director was made— the direction of the Director is deemed to have been made as so amended.

107B Delegation by Director S. 107B inserted by No. 91/1998 The Director may, with the consent of the s. 30, Minister, by instrument, delegate any function or substituted by No. 39/2005 power of the Director under section 106 or 107 to s. 52(Sch. 2 an employee of Energy Safe Victoria. item 13).

108 Defence to certain offences if complying with Director's directions It is a defence to a prosecution for a breach of an accepted safety case if the person who breached the safety case acted in accordance with the direction of the Director under this Division. Authorised by the Chief Parliamentary Counsel 81 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement S. 109 109 Protection from liability substituted by No. 91/1998 (1) A person to whom this section applies is not liable s. 31, to any action, claim or demand on account of any amended by No. 39/1999 damage, loss or injury sustained or alleged to be s. 34(1)(a)(2) sustained because of anything done or omitted to (ILA s. 39B(1)). be done in good faith— S. 109(a) (a) in or in connection with or incidental to the amended by No. 39/1999 exercise of a power under, or purportedly s. 34(1)(b). under, section 107; or (b) in the reasonable belief that the act or omission was in or in connection with or incidental to the exercise of such a power. S. 109(2) (2) This section applies to the Director, Energy Safe inserted by No. 39/1999 Victoria and the servants of Energy Safe Victoria. s. 34(2), amended by No. 39/2005 s. 52(Sch. 2 item 2). S. 109A 109A Protection of persons executing directions inserted by No. 91/1998 s. 31. A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith— S. 109A(a) (a) in the execution of any direction under, or amended by No. 39/1999 purportedly under, section 107; or s. 34(3). (b) in the reasonable belief that the act or omission was in the execution of such a direction. Authorised by the Chief Parliamentary Counsel 82 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement Division 2—Improvement and prohibition notices

110 Director or inspector may issue improvement notice (1) The Director or an inspector may issue an improvement notice to a person if the Director or inspector is of the opinion that the person— (a) is contravening any provision of this Act or the regulations; or (b) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated. (2) The improvement notice may require the person to whom it is issued to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention. (3) An improvement notice must— (a) state that the Director or inspector is of the opinion that the person— (i) is contravening a provision of this Act or the regulations; or (ii) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated; and (b) state the reasons for that opinion; and (c) specify the provision of this Act or the regulations in respect of which that opinion is held; and Authorised by the Chief Parliamentary Counsel 83 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement (d) specify the day (being a day more than 7 days after the day on which the notice is issued) before which the person is required to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention.

111 Offence not to comply with improvement notice (1) A person to whom an improvement notice is issued must comply with the improvement notice. Penalty: In the case of a natural person, 80 penalty units; In the case of a body corporate, 400 penalty units. S. 111(2) (2) Subsection (1) does not apply during any period amended by No. 24/2002 that the operation of the improvement notice is s. 15. stayed by the Tribunal.

112 Director or inspector may issue prohibition notice (1) If the Director or an inspector is of the opinion that at any place there is occurring or may occur any activity which involves or will involve immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas, the Director or inspector may issue a prohibition notice to the person who has or may be reasonably presumed to have control over the activity. (2) The prohibition notice may prohibit the carrying on of the activity until the Director or an inspector certifies in writing that the matters which give or will give rise to the risk are remedied. Authorised by the Chief Parliamentary Counsel 84 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement (3) A prohibition notice must— (a) state that the Director or inspector is of the opinion that at the place there is occurring or may occur any activity which involves or will involve immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas; and (b) state the reasons for that opinion; and (c) specify the activity which in the Director's or the inspector's opinion involves or will involve an immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas; and (d) if in the Director's or the inspector's opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations, specify that provision and state the reasons for that opinion.

113 Offence not to comply with prohibition notice (1) A person to whom a prohibition notice is issued must comply with the prohibition notice. Penalty: In the case of a natural person, 500 penalty units or 5 years imprisonment or both; In the case of a body corporate, 2500 penalty units. (2) Subsection (1) does not apply during any period S. 113(2) amended by that the operation of the prohibition notice is No. 24/2002 stayed by the Tribunal. s. 16. Authorised by the Chief Parliamentary Counsel 85 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement

114 Notices may include directions (1) The Director or an inspector may include in an improvement notice or a prohibition notice directions as to the measures to be taken to remedy any contravention, likely contravention, risk, matters or activities to which the notice relates. (2) A direction under subsection (1) may offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, risk, matters or activities. Division 3—Other matters

115 Offences by bodies corporate (1) If a body corporate commits an offence against this Act or the regulations, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it. (2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision. (3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations. (4) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention. Authorised by the Chief Parliamentary Counsel 86 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement (5) In subsection (1), officer, in relation to a body corporate, means— (a) a director, secretary or executive officer of the body corporate; or (b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or (c) a person concerned in the management of the body corporate.

116 Offences by partnerships or unincorporated associations If this Act or a regulation made under this Act provides that a person is guilty of an offence, that reference to a person must— (a) in the case of a partnership, be read as a reference to each member of the partnership; and (b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.

117 False or misleading information (1) A person must not give information that is false or S. 117(1) amended by misleading in a material particular to Energy Safe No. 39/2005 Victoria or to an officer or employee of Energy s. 52(Sch. 2 item 2). Safe Victoria in connection with an application, notice or submission under this Act or the regulations. Penalty: In the case of a natural person, 100 penalty units; In the case of a body corporate, 500 penalty units. Authorised by the Chief Parliamentary Counsel 87 Gas Safety Act 1997 No. 99 of 1997 Part 6—Enforcement (2) In a proceeding for an offence against subsection (1), it is a defence for the accused to prove that the accused believed on reasonable grounds— (a) in the case of false information, that the information was true; and (b) in the case of misleading information, that the information was not misleading. S. 117AA 117AA Period within which proceedings for offences may inserted by No. 91/2000 be brought s. 34, amended by Despite anything to the contrary in any Act (other No. 59/2011 s. 39. than the Charter of Human Rights and Responsibilities Act 2006), proceedings for an offence against this Act or the regulations may be commenced within the period of 3 years after the commission of the alleged offence. Authorised by the Chief Parliamentary Counsel 88 Gas Safety Act 1997 No. 99 of 1997 Part 6A—Infringement notices Part 6A—Infringement notices Pt 6A (Heading and ss 117AB– 117AK) inserted by No. 91/2000 s. 35.

117AB Definitions S. 117AB (Heading) inserted by In this Part— No. 31/2006 s. 8(1). S. 117AB inserted by No. 91/2000 s. 35. inspector, in relation to an offence against section S. 117AB def. of 72(1) or 72(2), includes— inspector inserted by (a) a Commissioner within the meaning of No. 31/2006 s. 8(2), the Building Act 1993; and amended by No. 34/2013 (b) a plumbing inspector appointed under s. 35(Sch. 2 Part 12A of the Building Act 1993; item 4). prescribed offence means an offence against section 71(1), 71(3), 71B, 72(1), 72(2), 79B or 79C(1).

117AC Power to serve a notice S. 117AC inserted by No. 91/2000 (1) An inspector may serve an infringement notice on s. 35. any person that he or she has reason to believe has committed a prescribed offence. (2) An offence referred to in subsection (1) for which S. 117AC(2) substituted by an infringement notice may be served is an No. 32/2006 infringement offence within the meaning of the s. 94(Sch. item 24(1)). Infringements Act 2006. * * * * * S. 117AD inserted by No. 91/2000 s. 35, repealed by No. 32/2006 s. 94(Sch. item 24(2)). Authorised by the Chief Parliamentary Counsel 89 Gas Safety Act 1997 No. 99 of 1997 Part 6A—Infringement notices S. 117AE 117AE Infringement penalties inserted by No. 91/2000 The infringement penalty for an offence against a s. 35. provision of this Act is one-tenth of the maximum monetary penalty fixed by that provision. Ss 117AF– * * * * * 117AK inserted by No. 91/2000 s. 35, repealed by No. 32/2006 s. 94(Sch. item 24(2)). Authorised by the Chief Parliamentary Counsel 90 Gas Safety Act 1997 No. 99 of 1997 Part 7—General Part 7—General

117A Supreme Court—limitation of jurisdiction S. 117A inserted by (1) It is the intention of sections 109 and 109A to No. 91/1998 alter or vary section 85 of the Constitution s. 32, amended by Act 1975. No. 39/1999 s. 35 (ILA s. 39B(1)). (2) It is the intention of section 109, as amended by S. 117A(2) inserted by the Gas Industry Acts (Further Amendment) No. 39/1999 Act 1999, to alter or vary section 85 of the s. 35. Constitution Act 1975.

118 Regulations (1) The Governor in Council may make regulations for or with respect to— (a) the safe conveyance, sale, supply, measurement, control and use of gas; (b) prescribing the standards of quality of gas to S. 118(1)(b) amended by be conveyed, supplied or sold and No. 39/2005 empowering Energy Safe Victoria to exempt s. 52(Sch. 2 item 2). a gas company from those standards in prescribed circumstances; (c) requiring the keeping of records of factors affecting gas quality; (d) tempered liquefied petroleum gas plants; (e) the safe storage of gas in vessels which have an aggregate capacity not exceeding 500 litres and which are connected to a gas installation; (f) specifying the requirements and standards with which a safety case must comply; (g) specifying procedures for acceptance and revision of safety cases; Authorised by the Chief Parliamentary Counsel 91 Gas Safety Act 1997 No. 99 of 1997 Part 7—General (h) requiring a safety case to nominate the persons who are to carry out gas work or a class of gas work in any part of the facility or in relation to a gas installation to which the safety case applies; (i) requiring a safety case to nominate an independent auditor to monitor compliance with a safety case; (j) providing for the keeping of records in relation to safety cases; S. 118(1)(k) (k) empowering Energy Safe Victoria to exempt amended by No. 39/2005 a safety case from all or any of the s. 52(Sch. 2 requirements of the regulations made in item 2). relation to safety cases; S. 118(1)(l) (l) the safety and acceptance of gas installations amended by No. 39/2005 and appliances and the standards and s. 52(Sch. 2 requirements to apply to them, including item 2). standards determined by Energy Safe Victoria; (m) prescribing or approving standards or requirements for the quality and design of materials, fittings and apparatus to be used in or in connection with gas installations and the methods to be followed in carrying out gas installations; (n) requiring gas installations to be kept in proper repair; (o) the safety and acceptance of gas installations, appliances and components; S. 118(1)(p) (p) regulating and requiring tests to be carried amended by No. 39/2005 out on appliances and gas installations before s. 52(Sch. 2 acceptance by Energy Safe Victoria; item 2). Authorised by the Chief Parliamentary Counsel 92 Gas Safety Act 1997 No. 99 of 1997 Part 7—General (q) the information to be included in or to accompany an application for acceptance of an appliance or gas installation, including details of tests; (r) regulating and requiring the fixing of S. 118(1)(r) amended by compliance plates issued by Energy Safe No. 39/2005 Victoria on gas installations, appliances and s. 52(Sch. 2 item 2). components; (ra) requiring the keeping of records in relation to S. 118(1)(ra) inserted by the service, maintenance, repair or No. 59/2008 modification of a complex gas installation or s. 40(1). a Type B appliance; (s) empowering an inspector to disconnect or order the disconnection of an appliance or gas installation from a gas supply; (t) the supply or sale or offer of supply or sale of appliances and components; (u) prescribing the qualifications and experience S. 118(1)(u) amended by required for persons engaged in upstream gas No. 91/1998 work and gasfitting work on complex gas s. 27(2). installations; (v) notices to be given by persons proposing to carry out gas work and carrying out or completing the carrying out of any gas work; (w) the testing of gas by Energy Safe Victoria or S. 118(1)(w) amended by an authorised officer of a gas company or Nos 91/1998 any other person to ensure compliance with s. 33, 39/2005 s. 52(Sch. 2 the prescribed standards and requirements, item 2). including— (i) prescribing the apparatus with which and the methods by which tests are to be made for testing the quality of gas and the methods of recording those tests; Authorised by the Chief Parliamentary Counsel 93 Gas Safety Act 1997 No. 99 of 1997 Part 7—General (ii) prescribing the method and frequency of checking the accuracy of that apparatus; (iii) prescribing the places and times at which tests must be made; S. 118(1) (iv) requiring a gas company or an (w)(iv) amended by authorised officer of a gas company or No. 91/1998 any other person to certify that the tests s. 33. have been carried out in accordance with the regulations; S. 118(1)(wa) (wa) empowering Energy Safe Victoria to exempt inserted by No. 31/2006 a class or classes of persons from the s. 9. requirement to undertake the testing of gas; (x) the methods of recording the measurement of gas; S. 118(1)(y) (y) requiring or regulating the reporting of gas amended by No. 39/2005 incidents to Energy Safe Victoria or a gas s. 52(Sch. 2 company; item 2). S. 118(1)(ya) (ya) the standards of energy efficiency and inserted by No. 91/2000 performance required for proclaimed gas s. 36. equipment; S. 118(1)(yb) (yb) prohibiting or regulating the supply or offer inserted by No. 91/2000 of supply of proclaimed gas equipment; s. 36. S. 118(1)(yc) (yc) the registration of proclaimed gas equipment, inserted by No. 91/2000 including— s. 36. (i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests); Authorised by the Chief Parliamentary Counsel 94 Gas Safety Act 1997 No. 99 of 1997 Part 7—General (ii) the granting of registration; (iii) conditions on registration; (iv) the transfer of registration; (v) variation of registration; (vi) the refusal and cancellation of registration; (vii) the renewal and duration of registration; (viii) the keeping of registers of proclaimed gas equipment and registration holders; (yd) the testing, marking and labelling of S. 118(1)(yd) inserted by proclaimed gas equipment, including the No. 91/2000 provision of samples of that equipment and s. 36, amended by labels to Energy Safe Victoria for testing and No. 39/2005 the disposal of those samples; s. 52(Sch. 2 item 2). (ye) reasonable fees and charges to be charged for S. 118(1)(ye) inserted by or for the recovery of reasonable costs for— No. 91/2000 s. 36. (i) the testing, examination, marking or labelling of proclaimed gas equipment; (ii) the preparation of reports about proclaimed gas equipment; (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 S. 118(1)(yf) inserted by notices in relation to proclaimed gas No. 91/2000 equipment and the recovery of costs s. 36. associated with those notices; Authorised by the Chief Parliamentary Counsel 95 Gas Safety Act 1997 No. 99 of 1997 Part 7—General S. 118(1)(z) * * * * * repealed by No. 24/2002 s. 17. S. 118(1)(aa) (aa) fixing fees and charges in respect of any amended by No. 39/2005 function or service carried out by Energy s. 52(Sch. 2 Safe Victoria including— item 2). S. 118(1)(aa)(i) (i) fees for the submission of safety cases amended by No. 39/2005 with Energy Safe Victoria; s. 52(Sch. 2 item 2). S. 118 (ii) fees for the validation of safety cases (1)(aa)(ii) amended by by Energy Safe Victoria; No. 39/2005 s. 52(Sch. 2 item 2). (iii) annual fees in relation to safety cases; S. 118 (iv) fees for any other application made to (1)(aa)(iv) amended by or documents submitted to Energy Safe No. 39/2005 Victoria under this Act or the s. 52(Sch. 2 item 2). regulations; S. 118(1)(bb) * * * * * repealed by No. 24/2002 s. 17. S. 118(1)(cc) (cc) empowering Energy Safe Victoria to waive amended by No. 39/2005 or rebate the payment of a fee in specified s. 52(Sch. 2 circumstances; item 2). (dd) prescribing penalties not exceeding 20 penalty units for breaches of the regulations; Authorised by the Chief Parliamentary Counsel 96 Gas Safety Act 1997 No. 99 of 1997 Part 7—General (ee) prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect. (2) Regulations made under this Act may be made— (a) so as to apply— (i) at all times or at a specified time; or (ii) throughout the whole of the State or in a specified part of the State; (b) so as to require a matter affected by the regulations to be— (i) in accordance with a specified standard or specified requirement; or (ii) approved by or to the satisfaction of a specified person or body; (c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether— (i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or (ii) as published or amended from time to S. 118(2)(c)(ii) amended by time; No. 59/2008 s. 40(2). (d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body; Authorised by the Chief Parliamentary Counsel 97 Gas Safety Act 1997 No. 99 of 1997 Part 7—General (e) so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified. Authorised by the Chief Parliamentary Counsel 98 Gas Safety Act 1997 No. 99 of 1997 Part 8—Repeals, consequential amendments and transitional provisions Part 8—Repeals, consequential amendments and transitional provisions * * * * * Pt 8 Div. 1 (Heading and ss 119–122) repealed by No. 91/2000 s. 37. Division 2—Transitional provisions * * * * * S. 123 amended by No. 91/1998 s. 34, repealed by No. 39/2005 s. 51.

124 Transitional provisions—gas installations (1) Sections 34(2), 73 and 74 do not apply to a gas installation existing at the date of commencement of this section. (2) Subsection (1) ceases to apply to a gas installation if a modification is made to the gas installation on or after the commencement of this section, other than a modification associated with the repair or maintenance of the gas installation. (3) Subject to subsection (2), subsection (1) ceases to apply to a liquefied petroleum gas installation at the end of 5 years after the commencement of this section.

125 Transitional provisions—existing gas installation work (1) In this section old regulations means the Gas and Fuel Corporation (Gas Installation) Regulations 1992. Authorised by the Chief Parliamentary Counsel 99 Gas Safety Act 1997 No. 99 of 1997 Part 8—Repeals, consequential amendments and transitional provisions (2) On the commencement of this section— (a) a notice of compliance sent under regulation 19(2) of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance under section 73 in respect of that gas installation; (b) an acceptance under the old regulations before that commencement of a notice of compliance in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73; (c) a submission sent under regulation 21 of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance made under section 73 in respect of that gas installation; (d) an acceptance under regulation 21 of the old regulations before that commencement of a submission in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73.

126 Transitional provision—appliances An appliance which was approved under an approval scheme of the Australian Gas Association A.C.N. 004 206 044 before the commencement of this section and was still approved at that commencement is deemed on that commencement to be accepted under an acceptance scheme declared under section 68. Authorised by the Chief Parliamentary Counsel 100 Gas Safety Act 1997 No. 99 of 1997 Part 8—Repeals, consequential amendments and transitional provisions

127 Transitional provisions—abolition of the Gas S. 127 Appeals Board inserted by No. 24/2002 Schedule 1 has effect. s. 18.

128 Transitional provision—Energy Legislation S. 128 inserted by Amendment (Bushfire Mitigation and Other No. 59/2011 Matters) Act 2011 s. 40. (1) In this section— commencement day means the day on which section 37 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation. (2) In any proceeding commenced on or after the commencement day, section 95(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 94 before that commencement day. Authorised by the Chief Parliamentary Counsel 101 Gas Safety Act 1997 No. 99 of 1997 Schedule 1—Transitional provisions Sch. 1 amended by Schedule 1—Transitional provisions No. 46/1998 1 Definitions s. 7(Sch. 1), substituted by No. 24/2002 In this Schedule— s. 19. Board means Gas Appeals Board established under the Gas Safety Act 1997 as in force prior to the commencement day; commencement day means the day on which section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation; VCAT Act means the Victorian Civil and Administrative Tribunal Act 1998.

2 Abolition of the Gas Appeals Board (1) On the commencement day, the Gas Appeals Board is abolished and its members go out of office. (2) On and from the commencement day, a reference to the Board in any Act or subordinate instrument (other than this Schedule) or in any other document, so far as it relates to any period after that day and unless the context otherwise requires, must be construed as a reference to the Tribunal. (3) Subclause (1) does not affect any other provision of this Schedule— (a) dealing with proceedings before the Gas Appeals Board; or (b) providing for the Gas Appeals Board to continue for certain purposes. Authorised by the Chief Parliamentary Counsel 102 Gas Safety Act 1997 No. 99 of 1997 Schedule 1—Transitional provisions (4) If under this Schedule the Gas Appeals Board continues for certain purposes, the provisions of the Gas Safety Act 1997, as in force immediately before the commencement day relating to membership and procedure, continue to apply for those purposes.

3 Pending proceedings (1) If, immediately before the commencement day, a proceeding was pending before the Board but the Board had not begun to hear the matter or had not been presented with any evidence on any material question of fact, the proceeding is to be heard and determined by the Tribunal and for that purpose— (a) the proceeding is to be taken to have been commenced in the Tribunal; and (b) anything done in relation to the proceeding by the Board before the commencement day is deemed to have been done by the Tribunal; and (c) the procedure that applies to the proceeding on and after the commencement day is the procedure set out in the VCAT Act and the rules made under it in relation to that class of proceedings; and (d) anything done or omitted to be done in relation to the proceeding by a party or other person before the commencement day, under or in accordance with the procedure that applied before that day, must be taken, so far as possible, to have been done or omitted under or in accordance with the procedure applying on or after that day; and (e) the Tribunal has only the powers, functions and duties which the Board would have had in relation to the proceeding under this Act Authorised by the Chief Parliamentary Counsel 103 Gas Safety Act 1997 No. 99 of 1997 Schedule 1—Transitional provisions as in force immediately before the commencement day; and (f) any order made by the Tribunal may only be appealed against in accordance with Part 5 of the VCAT Act. (2) If immediately before the commencement day a proceeding was pending before the Board and the Board had begun to hear the matter or had been presented with evidence on a material question of fact— (a) the proceeding is to be heard and determined by the Board in accordance with the provisions of the Gas Safety Act 1997 as in force immediately before the commencement day; and (b) the Board may make any determination or order in respect of the proceeding that it could have made immediately before the commencement day; and (c) for the purpose of completing the proceeding and making a determination or order the Board will, despite clause 2(1), continue to exist; and (d) the procedure that applies to the proceeding on and after the commencement day is the procedure that applied immediately before the commencement day.

4 Determinations or orders made by Board A determination or order made by the Board in a proceeding finally determined by it before the commencement day may be enforced in accordance with this Act as in force immediately before that day. Authorised by the Chief Parliamentary Counsel 104 Gas Safety Act 1997 No. 99 of 1997 Schedule 1—Transitional provisions

5 Power to resolve transitional difficulties If any difficulty arises because of the operation of this Schedule in relation to a proceeding (including a proceeding pending before the Board) to which clause 3 applies, the Tribunal may make any order that it considers appropriate to resolve the difficulty.

6 Transfer of registers (1) The Secretary to the Department of Natural Resources and Environment must ensure that— (a) the register, required to be kept by the Gas Appeals Board under section 93(2) of the Gas Safety Act 1997, as in force immediately before the commencement of section 14 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, is sent to the Director; and (b) the Register, required to be kept by the Registrar of the Board by clause 15 of Schedule 1 to the Gas Safety Act 1997 as in force immediately before the commencement of section 18 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002, and any other documents in the possession of the Board relating to proceedings before the Board, are sent to the principal registrar of the Tribunal. (2) Despite subclause (1)(b), the Secretary is not required to send to the principal registrar documents relating to a proceeding to which clause 3(2) applies until the conclusion of that proceeding. ═══════════════ Authorised by the Chief Parliamentary Counsel 105 Gas Safety Act 1997 No. 99 of 1997 Endnotes Endnotes

1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. Minister's second reading speech— Legislative Assembly: 30 October 1997 Legislative Council: 19 November 1997 The long title for the Bill for this Act was "A Bill to provide for the safe conveyance, sale, supply, measurement, control and use of gas, to amend the Gas Industry Act 1994 and other Acts and for other purposes." The Gas Safety Act 1997 was assented to on 16 December 1997 and came into operation as follows: Part 1 (sections 1–8) on 16 December 1997: section 2(1); rest of Act on

1 February 1999: Government Gazette 21 January 1999 page 80. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in

Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). Authorised by the Chief Parliamentary Counsel 106 Gas Safety Act 1997 No. 99 of 1997 Endnotes • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel 107 Gas Safety Act 1997 No. 99 of 1997 Endnotes 2 Table of Amendments This publication incorporates amendments made to the Gas Safety Act 1997 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998 Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Gas Industry Acts (Amendment) Act 1998, No. 91/1998 Assent Date: 24.11.98 Commencement Date: S. 34 on 24.11.98: s. 2(1); ss 26(1), 28(2)(3), 29, 30, 33 on 1.12.98: s. 2(6); ss 31, 32 on 24.6.99: Government Gazette 24.6.99 p. 1465; ss 26(2)(3), 27, 28(1) on 1.9.99: Government Gazette 5.8.99 p. 1825 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Gas Industry Acts (Further Amendment) Act 1999, No. 39/1999 Assent Date: 8.6.99 Commencement Date: Ss 32, 33 on 8.6.99: s. 2(1); ss 34, 35 on 24.6.99: Government Gazette 24.6.99 p. 1465 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Gas Industry Acts (Amendment) Act 2000, No. 91/2000 Assent Date: 5.12.00 Commencement Date: Ss 16–22, 25–28, 30–37 on 12.4.01: Government Gazette 12.4.01 p. 643; ss 23, 24, 29 on 31.12.01: s. 2(4) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Gas Industry Legislation (Miscellaneous Amendments) Act 2001, No. 32/2001 Assent Date: 19.6.01 Commencement Date: S. 34 on 1.9.01: s. 2(2) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002 Assent Date: 12.6.02 Commencement Date: Ss 12–19 on 29.7.02: Government Gazette 18.7.02 p. 1658 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Authorised by the Chief Parliamentary Counsel 108 Gas Safety Act 1997 No. 99 of 1997 Endnotes Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 88) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Safe Victoria Act 2005, No. 39/2005 Assent Date: 27.7.05 Commencement Date: Ss 49–52, Sch. 2 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Legislation (Miscellaneous Amendments) Act 2006, No. 31/2006 Assent Date: 13.6.06 Commencement Date: Ss 6–9 on 14.6.06: s. 2(1) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 24) on 1.7.06: Government Gazette 29.6.06 p. 1315 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Legislation Amendment (Retail Competition and Other Matters) Act 2008, No. 59/2008 Assent Date: 22.10.08 Commencement Date: S. 40 on 23.10.08: s. 2(1); s. 39 on 18.1.09: Government Gazette 18.12.08 p. 2998 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Legislation Amendment (Australian Energy Market Operator) Act 2009, No. 23/2009 Assent Date: 17.6.09 Commencement Date: S. 37 on 1.7.09: Special Gazette (No. 222) 30.6.09 p. 1 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy and Resources Legislation Amendment Act 2009, No. 57/2009 Assent Date: 21.10.09 Commencement Date: Ss 19–22 on 13.12.09: Government Gazette 10.12.09 p. 3215 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Authorised by the Chief Parliamentary Counsel 109 Gas Safety Act 1997 No. 99 of 1997 Endnotes Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011, No. 59/2011 Assent Date: 8.11.11 Commencement Date: Ss 35–40 on 1.1.12: Special Gazette (No. 407) 13.12.11 p. 1 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Building and Planning Legislation Amendment (Governance and Other Matters) Act 2013, No. 34/2013 Assent Date: 18.6.13 Commencement Date: S. 35(Sch. 2 item 4) on 1.7.13: s. 2 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Legislation Amendment (Feed-in Tariffs and Other Matters) Act 2013, No. 35/2013 Assent Date: 18.6.13 Commencement Date: Ss 14, 15 on 10.7.13: Special Gazette (No. 257) 9.7.13 p. 1 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 74) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 Energy Legislation Amendment (Feed-in Tariffs and Improving Safety and Markets) Act 2017, No. 1/2017 Assent Date: 14.2.17 Commencement Date: Ss 14, 15 on 1.1.18: s. 2(3) Current State: This information relates only to the provision/s amending the Gas Safety Act 1997 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel 110 Gas Safety Act 1997 No. 99 of 1997 Endnotes 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel 111 Gas Safety Act 1997 No. 99 of 1997 Endnotes 4 Explanatory details No entries at date of publication. Authorised by the Chief Parliamentary Counsel 112