21Restrictions on sale of gas appliances

#### 21 Restrictions on sale of gas appliances 21 Restrictions on sale of gas appliances > > (1) A person must not sell a gas appliance or type of gas appliance unless it is— > > > > > (a) a certified gas appliance, and > > > > > (b) labelled in accordance with the regulations. > > > > Maximum penalty— > > > > > (a) in the case of an individual— > > > > > > > (i) 500 penalty units for a first offence, or > > > > > > > (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or > > > > > (b) in the case of a corporation— > > > > > > > (i) 5,000 penalty units for a first offence, or > > > > > > > (ii) 7,500 penalty units for a second or subsequent offence. > > > > Note— > > > > An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. > > > (1A) The Secretary may, by order in writing, exempt a person or a specified class of persons, or gas appliance or type of gas appliance, from subsection (1). > > > (1B) An exemption takes effect when— > > > > > (a) in relation to a person—it is given to the person, or > > > > > (b) in relation to a class of persons or a gas appliance or class of gas appliances—it is published on a publicly accessible website that, in the opinion of the Secretary, is appropriate for the publication. > > > (1C) An exemption is subject to the terms and conditions (if any) specified in the order. > > > (2) In this section— > > > > certified gas appliance means a gas appliance or type of gas appliance in respect of which a certification by the holder of a certification authority (or by a person authorised by a holder under this Act to certify on the holder’s behalf) is in force. > > **s 21:** Am 2020 No 25, Sch 7.2\[3\].