38DNotice of defective medical gas installation

#### 38D Notice of defective medical gas installation 38D Notice of defective medical gas installation > > (1) The responsible person for medical gasfitting work or medical gas technician work carried out on land must give the following persons written notice of any defective medical gas installation on the land discovered in the course of carrying out the medical gasfitting work— > > > > > (a) the owner of the land, > > > > > (b) the occupier of the land (if the owner does not occupy the land). > > > > Maximum penalty—100 penalty units. > > > (2) The responsible person for medical gasfitting work, medical gas technician work or mechanical services and medical gas work carried out on land must give the Secretary written notice of any defective medical gas installation on the land discovered in the course of carrying out the medical gasfitting work that poses an imminent threat to public health or safety. > > > > Maximum penalty—100 penalty units. > > > (3) Notice of a defective gas installation required to be given under this section must be given— > > > > > (a) in relation to notice referred to in subclause (1)—as soon as practicable after the defective gas installation is discovered, and > > > > > (b) in relation to notice referred to in subclause (2)—within 24 hours after the defective gas installation is discovered. > > > (4) A defective medical gas installation is discovered if the responsible person, or a person carrying out the medical gasfitting work, medical gas technician work or mechanical services and medical gas work under the responsible person’s supervision, becomes aware that the installation concerned is defective. > > > (5) In this section— > > > > responsible person for medical gasfitting work, medical gas technician work or mechanical services and medical gas work means— > > > > > (a) in the case of work carried out or proposed to be carried out by the holder of an endorsed contractor licence or a supervisor certificate under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) authorising the holder to do the work, the holder of that licence or certificate, or > > > > > (b) in the case of work carried out or proposed to be carried out under the immediate or general supervision of the holder of an endorsed contractor licence or a supervisor certificate under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) authorising the holder to supervise the work, the holder of the endorsed contractor licence or supervisor certificate. > > **pt 5A, div 2 (ss 38A–38E):** Ins 2020 No 17, Sch 1\[6\].