Part 5Safety and technical issues

Part 5—Safety and technical issues 55—Responsibility of owner or operator of infrastructure or installation (1) A person who owns or operates gas infrastructure must take reasonable steps to ensure that— (a) the infrastructure complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and (b) the infrastructure is safe and safely operated. (1a) A person who contravenes subsection (1) is guilty of an offence. (a) if the person committed the offence intentionally or recklessly and with the knowledge that an immediate and material risk of harm to any person will or might result— (i) if the offender is a body corporate—a penalty of $250 000; or (ii) in any other case—a penalty of $50 000; or (b) in any other case— (i) if the offender is a body corporate—a penalty of $100 000; or (ii) in any other case—a penalty of $20 000. (1b) A person who owns or operates a gas installation must take reasonable steps to ensure that— (a) the installation complies with, and is operated in accordance with, technical and safety requirements imposed under the regulations; and (b) the installation is safe and safely operated. (a) if the offender is a body corporate—a penalty of $50 000; (b) in any other case—a penalty of $10 000. (2) For the purpose of ensuring under this section that a gas installation complies with the technical and safety requirements, a person may, subject to the regulations, rely on a certificate of compliance issued under this Division in relation to the installation. 55A—Safety, reliability, maintenance and technical management plans A person exempted from the requirement to hold a licence authorising the operation of a distribution system must, if so required by the Technical Regulator by written notice— (a) prepare, maintain and periodically revise a safety, reliability, maintenance and technical management plan dealing with matters prescribed by regulation; and (b) obtain the approval of the Technical Regulator to the plan and any revision; and (c) comply with the plan as approved from time to time; and (d) audit from time to time the entity's compliance with the plan and report the results of those audits to the Technical Regulator. 56—Certain gas fitting work (1) A person to whom this section applies who carries out work on a gas installation or proposed gas installation must ensure that— (a) the work is carried out as required under the regulations; and (b) examinations and tests are carried out as required under the regulations. (a) if the offender is a body corporate—a penalty of $50 000; (b) in any other case—a penalty of $10 000. (2) If work on a gas installation or proposed gas installation is personally carried out by a registered gas fitting worker under the Plumbers, Gas Fitters and Electricians Act 1995, the person to whom this section applies must ensure that the requirements of the regulations as to notification and certificates of compliance are complied with. (3) This section applies— (a) if a licensed gas fitting contractor under the Plumbers, Gas Fitters and Electricians Act 1995 or licensed building work contractor under the Building Work Contractors Act 1995 has been engaged to carry out the work (whether personally or not)—to the licensed gas fitting contractor or licensed building work contractor; or (b) in any other case—to the person who personally carries out the work. (4) A prosecution for an offence against this section may be brought at any time within the period of 3 years after the date on which the offence is alleged to have been committed. 56A—Design of gas installations A gas installation must be designed in accordance with technical and safety requirements under the regulations. Maximum penalty: $10 000. 57—Power to require rectification etc in relation to infrastructure or installations (1) If gas infrastructure or a gas installation is unsafe, or the Technical Regulator believes on reasonable grounds that the infrastructure or installation is, or may become, unsafe when in use, or does not comply with this Act, the Technical Regulator may give a direction requiring— (a) rectification of the infrastructure or installation to the Technical Regulator's satisfaction within a period specified in the direction; (b) if appropriate, the temporary disconnection of the gas supply while the rectification work is carried out; (c) the disconnection and removal of the infrastructure or installation or part of the infrastructure or installation. (2) Subject to this section, a direction under this section must be given— (a) in relation to gas infrastructure—to the gas entity that operates the infrastructure; (b) in relation to an installation— (i) in the case of an installation that is unsafe, or in relation to which it is reasonably believed that the installation is, or may become, unsafe when in use, as a result of work performed on the installation within 2 years before the giving of the direction and with the consent of the person in charge of the installation or the occupier of the place in which the installation is situated—to the person who carried out the work, unless that person is not authorised to carry out such work; or (ii) in any other case—to the person in charge of the installation or the occupier of the place in which the installation is situated. (3) A direction may be given by written notice or, if the Technical Regulator is of the opinion that immediate action is required, orally (but if the direction is given orally it must be confirmed in writing). (4) A person to whom a direction is given under this section— (a) must comply with the direction; and (b) must not fail to take action specified in the direction to rectify the contravention within the period specified in the direction; and (c) must not reconnect or permit the reconnection of the gas supply, or connect or permit the connection of the infrastructure (or part of the infrastructure) or installation to any other supply of gas, without the written approval of an authorised officer. Expiation fee: (a) in the case of an offence against paragraph (c)—$1 000; (b) in any other case—$315. (5) If a person does not comply with a direction, the Technical Regulator may take the action that is reasonable and necessary to have the direction carried out. (6) A person, authorised in writing by the Technical Regulator, may do what is reasonable and necessary to carry out the direction. (7) The costs incurred in carrying out the direction are recoverable as a debt due to the Crown. 57A—Prohibition of sale or use of unsafe components for infrastructure or installations (1) If, in the Technical Regulator's opinion, a particular component or component of a particular class is or is likely to become unsafe in use, the Regulator may prohibit the sale or use (or both sale and use) of the component or components of the relevant class. (2) If, in the Technical Regulator's opinion, a particular component or component of a particular class is or is likely to become unsafe in use, the Regulator may require traders who have sold the component in the State— (a) to take specified action to recall the component from use; and (b) — (i) to take specified action to render the component safe; or (ii) if it is not practicable to render the component safe or the trader chooses not to do so—to refund the purchase price on return of the component. (3) A prohibition or requirement is imposed under this section— (a) by notice in writing given personally or by post to the person to whom it is addressed; or (b) if addressed to a class of persons, or the public generally—by public notice, and may be varied or revoked in the same way. (4) A person must not contravene or fail to comply with a prohibition or requirement under this section. component means a component for gas infrastructure or a component for a gas installation. 57B—Public warning statements about unsafe gas installations, components, practices etc (1) The Technical Regulator may, if satisfied that it is in the public interest to do so, make a public statement identifying and giving warnings or information about any of the following: (a) components for gas installations that, in the opinion of the Technical Regulator, are or are likely to become unsafe in use and persons who supply the components; (b) uses of gas installations or components for gas installations, or installation practices, that, in the opinion of the Technical Regulator, pose a danger to persons or property; (c) any other dangers to persons or property associated with gas installations or components for gas installations. (2) A statement under subsection (1) may identify particular gas installations, components, services, practices and persons. (3) The Technical Regulator is not obliged to conduct a hearing or invite submissions in connection with— (a) the exercise of a power under this section if the Technical Regulator considers that urgent action is required; or (b) a preliminary investigation conducted by the Technical Regulator for the purposes of this section. 57C—Immunity from liability (1) Neither the Technical Regulator nor the Crown incurs any liability for a statement made by the Technical Regulator in good faith in the exercise or purported exercise of powers under section 57B. (2) No liability is incurred by a person for publishing in good faith— (a) a statement referred to in subsection (1); or (b) a fair report or summary of such a statement. (3) It is the intention of the Parliament that the immunity from liability provided for in this section apply within the State and outside the State to the full extent of the extra‑territorial legislative capacity of the Parliament. 58—Reporting of accidents etc (1) If an accident involving or associated with any gas infrastructure, gas installation or gas appliance results in injury, an explosion or a prescribed fire the accident must be reported as required under the regulations— (a) if the accident involves part of a gas entity's infrastructure—by the gas entity; or (b) if the accident happens while a gas fitting worker is working on a gas installation or appliance and the worker is able to make the report—by the worker; or (c) in any other case—by the occupier of the place in which the accident happens. (2) For the purposes of an investigation of an accident of a kind referred to in subsection (1), the Technical Regulator may prohibit, restrict or regulate access to any infrastructure, installation or appliance involved in or associated with the accident. (3) A person must not alter or interfere with any infrastructure, installation or appliance involved in or associated with an accident of a kind referred to in subsection (1) or anything prohibiting, restricting or regulating access to any such infrastructure, installation or appliance. (4) Despite subsections (2) and (3), a person may alter or interfere with the infrastructure, installation or appliance or anything prohibiting, restricting or regulating access to it— (a) if to do so is necessary to— (i) maintain the gas supply or the integrity of a network; or (ii) avert an immediate and serious danger to a person or property; or (b) with the approval of the Technical Regulator. injury includes harm resulting from the inhalation of a product of combustion; prescribed fire means a fire that involves the attendance of an officer (including a volunteer officer) or employee of an emergency services organisation within the meaning of the Fire and Emergency Services Act 2005.