{"id":"sr:gas-safety-safety-case-regulations-2018","name":"Gas Safety (Safety Case) Regulations 2018","slug":"gas-safety-safety-case-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181702,"registerId":"vic-sr:gas-safety-safety-case-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Gas Safety (Safety Case) Regulations 2018","content":"Version No. 001\n\n**Gas Safety (Safety Case) Regulations 2018**\n\n**S.R. No. 141/2018**\n\nVersion as at  \n22 October 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocations 1\n\n5 Definitions 2\n\nPart 2—Safety case for facility 4\n\nDivision 1—Application 4\n\n6 Application of this Part 4\n\nDivision 2—Content of safety case for gas retail facilities 4\n\n7 Application of this Division 4\n\n8 Specification of Australian Business Number or Australian Company Number 4\n\n9 Person responsible for facility 4\n\n10 Person responsible for safety case 4\n\n11 Facility description 4\n\n12 Safety management system 5\n\nDivision 3—Content of safety management system—gas retail facilities 5\n\n13 Application of this Division 5\n\n14 Organisational structure and responsibilities 5\n\n15 Safety of gas supply to customers 5\n\n16 Quality of gas supplied to customers 5\n\n17 Supply of gas for use in gas installations 6\n\n18 Reporting of gas incidents 6\n\n19 Emergency preparedness 6\n\n20 Internal monitoring, auditing and reviewing 6\n\n21 Competence and training 7\n\nDivision 4—Content of safety case for other gas facilities 7\n\n22 Application of this Division 7\n\n23 Specification of Australian Business Number or Australian Company Number 7\n\n24 Person responsible for facility 8\n\n25 Person responsible for safety case 8\n\n26 Facility description 8\n\n27 Formal safety assessment 8\n\n28 Safety management system 9\n\nDivision 5—Content of safety management system—other gas facilities 9\n\n29 Application of this Division 9\n\n30 Organisational structure and responsibilities 9\n\n31 Published technical standards 9\n\n32 Design, construction, installation, operation, maintenance and modification 10\n\n33 Permit to work system 11\n\n34 Emergency preparedness 11\n\n35 Reporting of gas incidents 12\n\n36 Internal monitoring, auditing and reviewing 12\n\n37 Gas incident recording, investigation and reviewing 12\n\n38 Competence and training 13\n\nDivision 6—Records 13\n\n39 Records 13\n\nPart 3—Safety cases for gas installations and appliances 15\n\n40 Safety case under section 52 of the Act 15\n\n41 Safety case under section 53 of the Act 15\n\n42 Safety case under section 54 of the Act 15\n\n43 Specification of Australian Business Number or Australian Company Number 16\n\nPart 4—Reporting of gas incidents 17\n\n44 Requirements for reporting of gas incidents 17\n\nPart 5—Gas quality 19\n\n45 Standards of quality—quality of gas 19\n\n46 Standards of quality—odour 19\n\n47 Testing of gas quality conveyed through transmission pipelines 20\n\nPart 6—Fees 21\n\n48 Fees for complex gas installation and Type B appliance safety cases 21\n\n49 Waiver or rebate of fees 21\n\nPart 7—Exemptions 22\n\n50 Exemptions 22\n\n═════════════\n\nEndnotes 23\n\n1 General information 23\n\n2 Table of Amendments 25\n\n3 Amendments Not in Operation 26\n\n4 Explanatory details 27\n\n**Version No.** **001**\n\n**Gas Safety (Safety Case) Regulations 2018**\n\n**S.R. No. 141/2018**\n\nVersion as at  \n22 October 2018\n\nPart 1—Preliminary\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to make provision for safety cases in relation to facilities, gas installations and appliances; and\n\n(b) to provide for the reporting of gas incidents; and\n\n(c) to prescribe safety standards for the quality of gas and the testing of natural gas conveyed through a transmission pipeline.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 118 of the **Gas Safety Act 1997**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 22 October 2018.\n\n\t4 Revocations\n\nThe following Regulations are **revoked**—\n\n(a) the Gas Safety (Safety Case) Regulations 2008[[1]](#endnote-2);\n\n(b) the Gas Safety (Gas Quality) Regulations 2017[[2]](#endnote-3).\n\n\t5 Definitions\n\nIn these Regulations⎯\n\n***AS 4564*** means Australian Standard AS 4564—2011, \"Specification for general purpose natural gas\", as published or amended from time to time;\n\n***AS 4670*** means Australian Standard AS 4670:2018, \"Commercial propane and commercial butane for heating purposes\", as published or amended from time to time;\n\n***commercial butane*** means a liquefied petroleum gas that consists of more than 90% butanes and butylenes;\n\n***commercial propane*** means a liquefied petroleum gas that consists of more than 90% propane and propylene;\n\n***facility description*** means a facility description referred to in regulation 11 or 26;\n\n***formal safety assessment*** means a formal safety assessment referred to in regulation 27;\n\n***LP Gas*** means commercial butane or commercial propane that is intended for use in an appliance;\n\n***LPG*** means liquefied petroleum gas and includes LP Gas;\n\n***manufacturer***  has the same meaning as it has in section 51 of the Act;\n\n***NATA*** means National Association of Testing Authorities, Australia ACN 004 379 748;\n\n***operator*** has the same meaning as it has in section 51 of the Act;\n\n***published technical standard*** in relation to any matter means a document which gives technical information, guidance or advice on that matter and that is published by—\n\n(a) Standards Australia; or\n\n(b) the British Standards Institution (BSI); or\n\n(c) the International Organization for Standardization (ISO); or\n\n(d) the Institution of Gas Engineers and Managers (IGEM) (United Kingdom); or\n\n(e) any similar standards organisation, whether within Australia or outside Australia;\n\n***the Act*** means the **Gas Safety Act 1997**;\n\n***Wobbe Index*** has the same meaning it has in AS 4564.\n\nPart 2—Safety case for facility\n\nDivision 1—Application\n\n\t6 Application of this Part\n\nThis Part applies to a safety case under Division 2 of Part 3 of the Act.\n\nDivision 2—Content of safety case for gas retail facilities\n\n\t7 Application of this Division\n\nThis Division applies to a safety case relating to a facility for the sale by retail of gas.\n\n\t8 Specification of Australian Business Number or Australian Company Number\n\nA safety case must specify the ABN or ACN of the gas company.\n\n\t9 Person responsible for facility\n\nA safety case must specify the name, title and business address of the person who—\n\n(a) is responsible for the management, control and safe operation of the gas company; and\n\n(b) has authorised the company's safety case.\n\n\t10 Person responsible for safety case\n\nA safety case must specify the title of the position and the contact details of the person who is responsible for preparing, submitting and updating the safety case.\n\n\t11 Facility description\n\n(1) A safety case must contain a facility description.\n\n(2) The facility description must provide a detailed description of the function and operation of the facility to which the safety case relates.\n\n(3) The facility description must provide sufficient information to enable the extent and scope of the operations of the gas company in relation to the facility and the risks associated with those operations to be assessed.\n\n\t12 Safety management system\n\n(1) A safety case must specify the safety management system followed or to be followed in relation to the facility.\n\n(2) The safety management system must contain the information specified in Division 3.\n\nDivision 3—Content of safety management system—gas retail facilities\n\n\t13 Application of this Division\n\nThis Division applies to the safety management system of a safety case relating to a facility for the sale by retail of gas.\n\n\t14 Organisational structure and responsibilities\n\nThe safety management system must specify the titles of the positions and the duties of the persons responsible for its implementation and management.\n\n\t15 Safety of gas supply to customers\n\nThe safety management system must specify the means by which the gas company ensures that it meets its duties under section 32 of the Act.\n\n\t16 Quality of gas supplied to customers\n\nThe safety management system must specify the means by which the gas company ensures that it meets its duties under section 33 of the Act.\n\n**Note**\n\nRegulations 45 and 46 prescribe standards of gas quality for the purposes of section 33 of the Act.\n\n\t17 Supply of gas for use in gas installations\n\nThe safety management system must specify the means by which the gas company ensures that it meets its duties under sections 34 and 35 of the Act.\n\n\t18 Reporting of gas incidents\n\nThe safety management system must specify the means by which the gas company ensures that it meets its duties under section 36(1) and (2) of the Act in relation to the reporting of gas incidents.\n\n\t19 Emergency preparedness\n\n(1) The safety management system must specify a response plan designed to address all reasonably foreseeable emergencies.\n\n(2) The response plan must—\n\n(a) specify the means to ensure the safety of the public and customers; and\n\n(b) specify the means by which the gas company ensures that it meets its duties under sections 32 and 33 of the Act.\n\n**Note**\n\nRegulations 45 and 46 prescribe standards of gas quality for the purposes of section 33 of the Act.\n\n\t20 Internal monitoring, auditing and reviewing\n\n(1) The safety management system must specify the processes and the performance indicators to be used by the gas company for monitoring, auditing and reviewing the adequacy and implementation of the safety management system.\n\n(2) The safety management system must specify the means to be used to ensure—\n\n(a) regular and systematic identification of deficiencies in the safety management system and its implementation; and\n\n(b) regular and systematic improvement of the safety management system and its implementation to improve the safety of the facility and its operation.\n\n\t21 Competence and training\n\nThe safety management system must specify the work and staffing systems in relation to the facility to ensure that—\n\n(a) the minimum level of qualifications, skill and competence that is required for the carrying out of work in relation to the facility is identified; and\n\n(b) only persons with the qualifications, skills and competence appropriate to that work are assigned to carry out the work; and\n\n(c) any training necessary for persons assigned to carry out that work is provided.\n\nDivision 4—Content of safety case for  \nother gas facilities\n\n\t22 Application of this Division\n\nThis Division applies to a safety case relating to a facility other than a facility for the sale by retail of gas.\n\n\t23 Specification of Australian Business Number or Australian Company Number\n\nA safety case must specify the ABN or ACN of the gas company.\n\n\t24 Person responsible for facility\n\nA safety case must specify the name, title and business address of the person who—\n\n(a) is responsible for the management, control and safe operation of the gas company; and\n\n(b) has authorised the company's safety case.\n\n\t25 Person responsible for safety case\n\nA safety case must specify the title of the position of the person who is responsible for preparing, submitting and updating the safety case.\n\n\t26 Facility description\n\n(1) A safety case must contain a facility description.\n\n(2) The facility description must provide a detailed description of the structure, assets, function and operation of the facility to which the safety case relates.\n\n(3) The facility description must provide sufficient information to enable the extent and scope of the assets and operations of the gas company in relation to the facility and the risks associated with those assets and operations to be assessed.\n\n\t27 Formal safety assessment\n\n(1) A safety case must contain a formal safety assessment.\n\n(2) The formal safety assessment for a facility must be consistent with the facility description for the facility and must provide—\n\n(a) a description of the methodology used and investigations undertaken for the formal safety assessment; and\n\n(b) an identification of hazards having the potential to cause a gas incident; and\n\n(c) a systematic assessment of risk, including the likelihood and consequences of a gas incident; and\n\n(d) a description of technical and other measures undertaken, or to be undertaken, to minimise that risk as far as practicable.\n\n\t28 Safety management system\n\n(1) A safety case must specify the safety management system followed or to be followed in relation to the facility.\n\n(2) The safety management system must contain the information specified in Division 5 and must demonstrate the adequacy of the technical and other measures undertaken or to be undertaken under regulation 27.\n\nDivision 5—Content of safety management system—other gas facilities\n\n\t29 Application of this Division\n\nThis Division applies to the safety management system of a safety case relating to a facility other than a facility for the sale by retail of gas.\n\n\t30 Organisational structure and responsibilities\n\nThe safety management system for a facility must specify the titles of the positions and the duties of the persons responsible for its implementation and management.\n\n\t31 Published technical standards\n\nThe safety management system for a facility must specify the published technical standards applied to or used or to be used in the design, construction, commissioning, installation, operation, maintenance and decommissioning of the facility or any part of the facility.\n\n\t32 Design, construction, installation, operation, maintenance and modification\n\nThe safety management system for a facility must specify the means by which a gas company will ensure that the design, construction, commissioning, installation, operation, maintenance and decommissioning of the facility and any modification of the facility—\n\n(a) is adequate for the safety and safe operation of the facility; and\n\n(b) is adequate to ensure the safety of the public; and\n\n(c) is adequate to minimise the risk of damage to another person's property; and\n\n(d) is adequate for the safe and reliable conveyance and supply of gas; and\n\n(e) is adequate for ensuring the quality of gas conveyed or supplied; and\n\n**Note**\n\nRegulations 45 and 46 prescribe standards of gas quality for the purposes of section 33 of the Act.\n\n(f) takes into account the results of the formal safety assessment for the facility; and\n\n(g) meets the published technical standards specified in the safety management system in accordance with regulation 31; and\n\n(h) is adequate for monitoring and maintaining the integrity of the facility taking into account the expected operational life of the facility.\n\n\t33 Permit to work system\n\n(1) The safety management system for a facility must specify all work relating to the facility for which a permit to work system needs to be established.\n\n(2) If work is specified under subregulation (1), the safety management system must specify the permit to work system that is to apply in respect of that work.\n\n(3) A permit to work system must—\n\n(a) prohibit any person from performing work for which a permit is required without a written permit to work issued by a person authorised by the gas company to issue that permit; and\n\n(b) specify the positions of the persons who are authorised to issue permits to work and to supervise that work; and\n\n(c) ensure that persons authorised to issue permits to work and persons carrying out operations under those permits are competent and are provided with appropriate training, procedures, tools, equipment and emergency support.  \n\n\t34 Emergency preparedness\n\n(1) The safety management system for a facility must specify a response plan designed to address all reasonably foreseeable emergencies and gas incidents which have been identified through the formal safety assessment.\n\n(2) The response plan must—\n\n(a) specify the means to ensure the safety of the public; and\n\n(b) specify the means to ensure the continued safe operation of the facility; and\n\n(c) specify the means by which the gas company ensures that it meets its duties under sections 32 and 33 of the Act.\n\n**Note**\n\nRegulations 45 and 46 prescribe standards of gas quality for the purposes of section 33 of the Act.\n\n\t35 Reporting of gas incidents\n\nThe safety management system for a facility must specify the means by which the gas company ensures that it meets its duties under section 36(1) and (2) of the Act in relation to the reporting of gas incidents.\n\n\t36 Internal monitoring, auditing and reviewing\n\n(1) The safety management system for a facility must specify the processes and the performance indicators to be used by the gas company for monitoring, auditing and reviewing the adequacy and implementation of the safety management system.\n\n(2) The safety management system for a facility must specify the means to be used to ensure—\n\n(a) regular and systematic identification of deficiencies in the safety management system and its implementation; and\n\n(b) regular and systematic improvement of the safety management system and its implementation to improve the safety of the facility and its operation.\n\n\t37 Gas incident recording, investigation and reviewing\n\nThe safety management system for a facility must specify—\n\n(a) the means to be used for recording and investigating gas incidents; and\n\n(b) the management systems to be used for reviewing and taking action on the information so recorded or arising from those investigations to improve the safety of the facility and its operation and to prevent gas incidents.\n\n\t38 Competence and training\n\nThe safety management system for a facility must specify the work and staffing systems in relation to the facility to ensure that—\n\n(a) the minimum level of qualifications, skill and competence that is required for the carrying out of work in relation to the facility is identified; and\n\n(b) only persons with the qualifications, skills and competence appropriate to that work are assigned to carry out the work; and\n\n(c) any training necessary for persons assigned to carry out that work is provided.\n\nDivision 6—Records\n\n\t39 Records\n\n(1) A gas company must, in accordance with this regulation, establish and maintain a system for keeping records relating to the safety case for each of its facilities.\n\nPenalty: 20 penalty units.\n\n(2) The records required to be kept under subregulation (1) are—\n\n(a) the accepted safety case; and\n\n(b) any revisions of the accepted safety case; and\n\n(c) any written audit reports of the accepted safety case; and\n\n(d) any reports of investigations by the gas company of gas incidents; and\n\n(e) a copy of each report given by the gas company to Energy Safe Victoria.\n\n(3) The records must be kept—\n\n(a) at the address or location nominated in the safety case by the gas company; and\n\n(b) in a manner that makes their retrieval reasonably practicable; and\n\n(c) in a secure manner; and\n\n(d) for the period of 7 years from the creation of the record.\n\nPart 3—Safety cases for gas installations and appliances\n\n\t40 Safety case under section 52 of the Act\n\nDivisions 4, 5 and 6 of Part 2 apply to a safety case under section 52 of the Act as if—\n\n(a) any reference to a facility were a reference to a complex gas installation; and\n\n(b) any reference to a gas company were a reference to the operator of the complex gas installation.\n\n\t41 Safety case under section 53 of the Act\n\nDivisions 4, 5 and 6 of Part 2 apply to a safety case under section 53 of the Act as if—\n\n(a) any reference to a facility were a reference to the supply and installation of the Type B appliances concerned; and\n\n(b) any reference to a gas company were a reference to the manufacturer of the Type B appliances.\n\n\t42 Safety case under section 54 of the Act\n\nDivisions 4, 5 and 6 of Part 2 apply to a safety case under section 54 of the Act as if—\n\n(a) any reference to a facility were a reference to the manufacture of the complex gas installations concerned; and\n\n(b) any reference to a gas company were a reference to the manufacturer of the complex gas installations.\n\n\t43 Specification of Australian Business Number or Australian Company Number\n\nA safety case submitted under this Part must specify the ABN or ACN of the operator or manufacturer.\n\nPart 4—Reporting of gas incidents\n\n\t44 Requirements for reporting of gas incidents\n\n(1) For the purposes of section 36(1) of the Act, a gas company must report gas incidents in the form of a statistical summary on a quarterly basis.\n\n(2) Despite subregulation (1), for the purposes of section 36(1) of the Act, a gas company must report a gas incident as soon as practicable after it occurs if the gas incident—\n\n(a) involves a transmission pipeline; or\n\n(b) causes the death of or injury to a person; or\n\n(c) causes significant property damage; or\n\n(d) causes significant disruption to the community.\n\n(3) For the purposes of section 36(2) of the Act, a gas company must report a gas incident as soon as practicable after it becomes aware of the incident.\n\n(4) The report of a gas incident under section 36 of the Act (other than a gas incident to which subregulation (1) applies) must specify, to the extent that the information is available to the gas company—\n\n(a) the nature of the gas incident; and\n\n(b) where and when the gas incident occurred; and\n\n(c) the cause of the gas incident; and\n\n(d) whether any emergency service attended the gas incident; and\n\n(e) the remedial actions (if any) that were taken by the gas company; and\n\n(f) the corrective actions that were taken or are proposed to be taken by the gas company to prevent a similar incident.\n\nPart 5—Gas quality\n\n\t45 Standards of quality—quality of gas\n\nFor the purposes of section 33(1) and (2) of the Act—\n\n(a) the prescribed standard of quality for natural gas conveyed through a transmission pipeline or a distribution pipeline is set out in AS 4564; and\n\n(b) the prescribed standard of quality for the supply or sale of natural gas supplied to a customer is set out in AS 4564; and\n\n(c) the prescribed standard of quality for LP Gas supplied or sold to a customer for use in an appliance (other than LP Gas used or intended to be used for automotive purposes) is set out in AS 4670.\n\n\t46 Standards of quality—odour\n\n(1) For the purposes of section 33(1) and (2) of the Act, it is a prescribed standard of quality that all gas must—\n\n(a) have an odour which is distinctive and unpleasant; and\n\n(b) have an odour level that is discernible at one‑fifth of the lower explosive limit of the gas.  \n\n(2) This regulation does not apply to any of the following—\n\n(a) LPG used or intended to be used for automotive purposes;\n\n(b) liquefied natural gas used or intended to be used for automotive purposes.\n\n\t47 Testing of gas quality conveyed through transmission pipelines\n\n(1) This regulation applies to a gas company that conveys natural gas through a transmission pipeline.\n\n(2) The gas company must test or cause to be tested the natural gas it conveys in accordance with this regulation to ensure that the gas meets the prescribed standard of quality referred to in regulation 45(a).\n\n(3) The gas company must test or cause to be tested the Wobbe Index of the natural gas it conveys by using—\n\n(a) an instrument that determines the Wobbe Index at least once every 6 minutes; or\n\n(b) an instrument that determines the Wobbe Index that is of a class approved by Energy Safe Victoria.\n\n(4) The gas company must test or cause to be tested the hydrogen sulphide content of the natural gas it conveys by using—\n\n(a) an instrument that determines the hydrogen sulphide content at least once every 6 minutes; or\n\n(b) an instrument that determines the hydrogen sulphide content that is of a class approved by Energy Safe Victoria.\n\n(5) The gas company must ensure that a test of the Wobbe Index or hydrogen sulphide content of the natural gas it conveys is carried out in accordance with methods—\n\n(a) accredited by NATA; or\n\n(b) approved by Energy Safe Victoria.\n\nPart 6—Fees\n\n\t48 Fees for complex gas installation and Type B appliance safety cases\n\n(1) An operator or manufacturer under a safety case submitted under section 52, 53 or 54 of the Act (***voluntary safety case***) must pay an annual administration fee of 1007 fee units to Energy Safe Victoria.\n\n(2) The administration fee is payable on acceptance of the voluntary safety case and on each anniversary of acceptance.\n\n\t49 Waiver or rebate of fees\n\n(1) Energy Safe Victoria may waive or rebate all or part of the administration fee if, in the opinion of Energy Safe Victoria—\n\n(a) the consideration of the safety case would impose or has imposed a lesser burden than usual on Energy Safe Victoria; or\n\n(b) administration of the safety case has imposed no appreciable burden or a lesser burden than usual on Energy Safe Victoria.\n\n(2) In deciding whether to waive or rebate all or part of the administration fee, Energy Safe Victoria may have regard to—\n\n(a) the voluntary safety case operator's safety performance and compliance with the accepted safety case; or\n\n(b) in the case of a safety case submitted under section 52 of the Act, the number and characteristics of any Type B appliances forming part of the complex gas installation.\n\nPart 7—Exemptions\n\n\t50 Exemptions\n\n(1) Energy Safe Victoria, on the application of a gas company or a manufacturer or operator referred to in Part 3 of the Act, may—\n\n(a) exempt a safety case from any of the requirements of these Regulations; or\n\n(b) in the case of an application from a gas company for an exemption from compliance with a prescribed standard of quality specified in regulation 45 or 46, grant the exemption if the gas company satisfies Energy Safe Victoria that the conveyance, supply, sale or use of the gas to which the standard of quality relates will be safe in the circumstances.\n\n(2) An application for exemption must be in writing and state the reasons for applying for the exemption.\n\n(3) An exemption granted under subregulation (1)—\n\n(a) must be in writing; and\n\n(b) may specify conditions to which the exemption is subject.\n\n(4) A gas company or other person to whom an exemption is granted under this regulation must comply with the conditions (if any) of the exemption.\n\nPenalty: 20 penalty units.\n\n ═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Gas Safety (Safety Case) Regulations 2018, S.R. No. 141/2018 were made on 25 September 2018 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under section 118 of the **Gas Safety Act 1997**, No. 99/1997 and came into operation on 22 October 2018: regulation 3.\n\nThe Gas Safety (Safety Case) Regulations 2018 will sunset 10 years after the day of making on 25 September 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule 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.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Gas Safety (Safety Case) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4(a): S.R. No. 164/2008. [↑](#endnote-ref-2)\n\n2. Reg. 4(b): S.R. No. 89/2017.\n\n  ——\n\n  **Fee Units**\n\n  These Regulations provide for fees by reference to fee units within the meaning of the **Monetary Units Act 2004**.\n\n  The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.\n\n  The value of a fee unit for the financial year commencing 1 July 2018 is $14.45. The amount of the calculated fee may be rounded to the nearest 10 cents.\n\n  The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2018 is $161.19.\n\n  The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 141/2018 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 5, definitions of ***AS 4564****,* ***Wobbe Index***<br>Regulation 45(a) and (b) | AS 4564—2011, \"Specification for general purpose natural gas\" published on 9 June 2011 by Standards Australia | The whole |\n    | Regulation 5, definition of    ***AS 4670***<br>Regulation 45(c) | AS 4670:2018, \"Commercial propane and commercial butane for heating purposes\" published on 25 January 2018 by Standards Australia | The whole |\n\n   [↑](#endnote-ref-3)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The Regulations consolidate, update and replace earlier subordinate instruments (they revoke the 2008 and 2017 regulations) but do not change the primary statutory scope set out in the Gas Safety Act 1997. They translate the Act’s existing safety‑case, reporting and gas‑quality obligations into more specific operational and technical requirements (for example, specifying continuous testing intervals, record retention periods, required contents of safety management systems, and an annual administrative fee for certain voluntary safety cases). In short: the regulatory scope remains the same (safety cases, incident reporting, gas quality), but the instrument increases operational detail and administrative requirements rather than expanding the underlying policy remit."},"complexity_factors":["Single instrument of moderate length (50 regulations) organised into 7 Parts and multiple Divisions","~14 defined terms in regulation 5 including external standards (AS 4564, AS 4670) and technical terms (Wobbe Index)","Multiple cross‑references to primary Act (sections 32–36, 51, 52–54) creating dependency on the Act for full meaning","Incorporation by reference of external technical standards (AS 4564, AS 4670) and accreditation requirements (NATA)","Prescriptive technical requirements with conditional alternatives (e.g. 6‑minute testing or ESV‑approved instruments, reg 47)","Several conditional mappings: Divisions 4–6 of Part 2 are applied “as if” to different safety‑case types in Part 3 (regs 40–42)","Administrative complexity: fees (1007 fee units), fee waiver discretion and exemption process (regs 48–50)","Multiple compliance obligations with distinct timeframes (immediate reporting for major incidents vs quarterly summaries for routine incidents; 7‑year record retention)","Penalty provisions and regulatory discretion concentrated in Energy Safe Victoria (approval, waiver, exemption powers)","Nested lists and many subregulations specifying operational detail (e.g. permit to work system elements in reg 33)"],"plain_english_summary":"**What this instrument does, mechanically**\n\n- Sets out what must be included in a “safety case” (a written demonstration that a gas activity will be managed safely) for different kinds of gas activities: retail sale facilities, other gas facilities (pipelines, production, processing, etc.), complex gas installations and Type B appliances (see Divs 2–6, Part 2; Part 3). (Regs 6–13, 22–28, 40–43.)\n\n- Prescribes the required contents of a safety management system that must accompany a safety case — for example: organisational responsibilities, technical standards to be used, procedures for design/operation/maintenance, permit-to-work systems, emergency response plans, incident recording and investigation, internal auditing, and training/competence requirements. (Regs 14–21, 29–38.)\n\n- Requires each safety case to identify the responsible persons and the entity’s ABN or ACN, and to include a detailed facility description and, for most facilities, a formal safety assessment. (Regs 8–11, 23–27, 43.)\n\n- Requires gas companies to keep and maintain records related to each accepted safety case (including revisions, audits and incident reports), store them at the nominated address, keep them secure, and retain them for 7 years. Failure to keep records attracts a penalty (20 penalty units). (Reg 39.)\n\n- Prescribes reporting rules for gas incidents: quarterly statistical summaries in ordinary cases, and immediate (as soon as practicable) reporting where incidents involve transmission pipelines, death/injury, significant property damage or community disruption; incident reports must include what happened, when/where, cause (if known), emergency attendance, remedial and corrective actions. (Reg 44.)\n\n- Prescribes gas quality standards by reference to Australian Standards: AS 4564 for natural gas (transmission and distribution) and AS 4670 for LP Gas supplied for appliances (non-automotive). It also prescribes an odour requirement (distinctive, unpleasant and discernible at one‑fifth of the lower explosive limit) except for automotive LPG/LNG. (Regs 45–46.)\n\n- For natural gas conveyed in transmission pipelines, requires frequent automated testing of Wobbe Index and hydrogen sulphide content (instruments reading at least once every 6 minutes or instruments approved by Energy Safe Victoria) and that testing methods be NATA‑accredited or Energy Safe Victoria‑approved. (Reg 47.)\n\n- Imposes an annual administrative fee for certain voluntary safety cases (1007 fee units on acceptance and on each anniversary), and allows Energy Safe Victoria to waive or rebate fees in specified circumstances. (Regs 48–49; explanatory notes on fee‑unit valuation.)\n\n- Gives Energy Safe Victoria power to grant written exemptions from any regulatory requirement, and to attach conditions to those exemptions; applicants must apply in writing and state reasons. Non‑compliance with exemption conditions is an offence with a 20‑penalty‑unit maximum. (Reg 50.)\n\n**Who this affects**\n\n- Gas companies that sell or convey gas (retail sellers, transmission and distribution operators). (Divs 2–6.)\n- Operators and manufacturers of complex gas installations and Type B appliances who elect to submit safety cases under the Act (Part 3; regs 40–43, 48).\n- Manufacturers and suppliers of LP Gas for appliances (regs 5, 45(c)).\n- Energy Safe Victoria (ESV): the regulator that accepts safety cases, approves instruments and testing methods, receives reports, grants exemptions and administers fees (see regs 47, 48–50). \n\n**Why it matters (official purpose and operational effects)**\n\n- Officially the regulations exist to: require safety cases and safety management systems (so risks are assessed and managed), ensure timely reporting of gas incidents, and set binding gas‑quality and odour standards (reg 1).\n\n- Mechanically, the regulations convert those policy aims into enforceable operational duties: specific content for safety cases and management systems, mandatory testing frequencies and methods for some parameters, record retention, reporting timeframes, fee payments, and a formal exemption process. These are concrete compliance obligations for operators and manufacturers (see regs cited above). \n\n**Practical costs, incentives and trade‑offs**\n\n- Compliance costs and who pays: operators/manufacturers bear costs of preparing comprehensive safety cases (technical assessments, published standard compliance), implementing safety management systems (training, audits, permit systems), installing or contracting for continuous Wobbe/hydrogen sulphide monitoring (6‑minute sampling or approved alternative), record systems, and paying annual fees where applicable (reg 48). Record‑keeping and reporting create ongoing administrative burden (regs 39, 44).\n\n- Incentives created: the rules incentivise firms to invest in systems that reduce incident likelihood (formal safety assessment, technical standards, audits), and encourage rapid reporting and corrective action after incidents (reg 44). The fee and recordkeeping regime creates an incentive to keep safety cases current and auditable (regs 39, 48–49).\n\n- Trade‑offs and opportunity costs: detailed technical and administrative obligations raise fixed and recurrent costs, which may be relatively heavier for smaller providers. Those costs can discourage entry or encourage consolidation, or incentivise avoidance strategies (e.g. seeking exemptions where available). The regulations centralise judgment with ESV (fee waivers, approvals of instruments, exemption grants), creating discretion that can speed tailored decisions but also raises the risk of inconsistent treatment or delays (regs 47, 49–50).\n\n- Implementation risk and compliance burden: prescriptive technical rules (e.g. 6‑minute instrument readings (reg 47)) require specialised equipment and accredited test methods, so small entities may need to contract external providers. Internal monitoring/auditing and competence obligations require documented processes and ongoing training (regs 20, 36, 21, 38). \n\n- Effects on private choices and markets: firms must choose whether to adopt voluntary safety cases for complex installations or appliances (Part 3) and to what depth (the regulations set the required contents). The administrative fee for voluntary safety cases changes the cost calculus of electing the voluntary safety case pathway (reg 48). Consistent published technical standards (reg 31) steer design and procurement toward standardised products and services.\n\n**Who decides, who enforces, and what changes in behaviour**\n\n- Energy Safe Victoria decides acceptance of safety cases, approves testing methods and classes of instruments, sets fee waivers/rebates, and grants exemptions (regs 47, 49–50). \n\n- Enforcement is by the Act and these regulations (penalties referenced, e.g. 20 penalty units for recordkeeping and for failing to comply with exemption conditions) and by ESV oversight of accepted safety cases and reporting (reg 39, reg 50). \n\n- Behaviour changes: affected persons must produce documented safety cases that include specified technical and management elements; implement continuous or approved monitoring for key gas quality parameters; keep secure, retrievable records for 7 years; report incidents promptly in serious cases and quarterly otherwise; and pay annual administration fees where relevant. (See regs 11–21, 27–38, 39, 44, 47–49.)\n\n**Concrete implementation risks and potential for uneven effects**\n\n- Discretional elements (ESV’s ability to approve instruments, waive or rebate fees, and grant exemptions) allow tailoring but create potential variability in regulatory burden across operators (regs 47, 49–50).\n\n- The 6‑minute continuous‑monitoring prescription for transmission pipelines (reg 47) is technically specific and may impose capital and operating costs; ESV approval of alternative instrument classes partly mitigates that but introduces approval time and uncertainty.\n\n- The annual fee tied to fee‑unit valuation (reg 48; explanatory notes explain fee‑unit value varies by year) means the real dollar cost of complying changes with Treasury settings, creating exposure to budgetary indexes.\n\n**Key short references (use for compliance focus)**\n- Safety case contents and safety management systems: regs 11–21, 26–38.\n- Records and retention: reg 39 (7 years; 20 penalty units). \n- Incident reporting: reg 44 (quarterly summaries; immediate reporting for serious incidents). \n- Gas quality standards and odour: regs 45–46 (AS 4564 and AS 4670 incorporated). \n- Continuous testing for transmission pipelines: reg 47 (Wobbe Index and H2S testing, 6‑minute or ESV‑approved instruments; NATA accreditation or ESV approval for methods). \n- Fees and exemptions: regs 48–50.\n\n"},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the objectives clause (regulation 1): providing for safety cases, incident reporting, and gas quality standards. It consolidates and replaces two earlier regulations (2008 and 2017) without apparent scope creep. The structure follows a logical progression from general facility safety cases to specific topics (installations/appliances, reporting, quality, fees, exemptions)."},"complexity_factors":["Dual regulatory structure with parallel but slightly different requirements for retail vs non-retail facilities (Divisions 2-3 vs Divisions 4-5)","Extensive cross-referencing to the Gas Safety Act 1997 (sections 32, 33, 34, 35, 36, 51, 52, 53, 54, 118)","Incorporation of external standards by reference (AS 4564, AS 4670) which are not reproduced in the text","Application provisions that 'read in' Part 2 requirements to Part 3 scenarios with defined term substitutions (regulations 40-42)","Multiple penalty provisions (regulations 39 and 50) with calculation dependencies on external legislation (Monetary Units Act 2004, Sentencing Act 1991)","Fee unit calculations requiring reference to annually updated values set by the Treasurer","Conditional logic in incident reporting (quarterly vs immediate reporting triggers in regulation 44)","Exemption power with both subjective and objective safety tests (regulation 50)"],"plain_english_summary":"This legislation sets out the rules for how gas companies in Victoria must prove they can operate safely. It requires them to create detailed 'safety cases'—documents that explain how they'll manage risks at their facilities, from pipelines to gas storage. The rules split facilities into two types: **retail gas sellers** (like your gas supplier) and **other gas facilities** (like big industrial sites or transmission pipelines). For each type, the regulations spell out what must go in their safety case: who is responsible, what the facility does, what risks exist, and how they'll keep people safe.\n\nThe regulations also cover:\n- **Gas quality standards**: Gas must meet specific technical standards (AS 4564 for natural gas, AS 4670 for LPG) and must smell bad enough that people can detect leaks before they become dangerous.\n- **Incident reporting**: Companies must report gas incidents quarterly, or immediately if someone is hurt, property is badly damaged, or there's major community disruption.\n- **Fees and exemptions**: Companies making voluntary safety cases for complex installations pay annual fees, but can get discounts for good safety records. Energy Safe Victoria can grant exemptions from certain rules if safety can still be assured.\n\n**Why it matters**: These rules exist to prevent gas explosions, leaks, and accidents that could kill people or damage property. They force companies to think systematically about safety before accidents happen, not just react after them."},"summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"Based on the available information, these regulations appear to implement the safety case regime as intended under the Gas Safety Act — a standard regulatory mechanism for high-risk industry sectors. There is insufficient text provided to identify any scope creep or narrowing from original intent."},"complexity_factors":["Requires technical understanding of gas infrastructure and engineering safety concepts","Safety case frameworks involve multi-layered documentation, review, and acceptance processes","Interacts with the parent Gas Safety Act and broader Victorian energy regulation landscape","Obligations vary depending on the type and scale of gas operation (e.g. pipelines vs. distribution networks)","Ongoing compliance obligations — safety cases must be maintained and updated, not just submitted once","The provided legislative text is largely incomplete, making full complexity assessment impossible","Likely involves technical definitions and standards referenced from external codes or standards bodies"],"plain_english_summary":"These Victorian regulations require gas operators (pipelines, distributors, storage) to prepare and maintain a formal \"safety case\" proving they have identified hazards and put effective controls in place, and require the regulator to review and accept those cases before operations. They matter because they create a legally enforceable framework to reduce risks from leaks, explosions and other serious incidents, protecting businesses and the public."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/gas-safety-safety-case-regulations-2018","history":"/api/acts/gas-safety-safety-case-regulations-2018/history","analysis":"/api/acts/gas-safety-safety-case-regulations-2018/analysis","conflicts":"/api/acts/gas-safety-safety-case-regulations-2018/conflicts","importantCases":"/api/acts/gas-safety-safety-case-regulations-2018/important-cases","documents":"/api/acts/gas-safety-safety-case-regulations-2018/documents"}}