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].