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Gas and Electricity (Consumer Safety) Act 2017
38AWork to comply with regulations
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#### 38A Work to comply with regulations
38A Work to comply with regulations
> > (1) A person must not carry out medical gasfitting work, medical gas technician work or mechanical services and medical gas work otherwise than in accordance with the following—
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> > > (a) the relevant Australian standards or, if a particular Australian standard is prescribed by the regulations in relation to the work, that Australian standard,
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> > > (b) any relevant standards of the International Organization for Standardization that are prescribed by the regulations in relation to the work,
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> > > (c) any standards or requirements specified by the Health Secretary by order in writing and published on the website of the Ministry of Health.
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> > Maximum penalty—
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> > > (a) in the case of an individual—
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> > > > (i) 500 penalty units for a first offence, or
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> > > > (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or
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> > > (b) in the case of a corporation—
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> > > > (i) 5,000 penalty units for a first offence, or
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> > > > (ii) 7,500 penalty units for a second or subsequent offence.
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> > Note—
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> > 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.
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> > (2) To avoid doubt, a standard or requirement under subsection (1) may—
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> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, or
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> > > (b) apply differently according to different factors of a specified kind,
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> > or both.
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> > (3) In this section—
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> > Health Secretary means the Secretary of the Ministry of Health.
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> **pt 5A, div 2 (ss 38A–38E):** Ins 2020 No 17, Sch 1\[6\].