4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > acquisition guarantee—see section 9. > > > > acquisition guarantor means the person who gives an acquisition guarantee. > > > > authorised electrician means a person who is authorised under the [Home Building Act 1989](/view/html/inforce/current/act-1989-147) to do electrical wiring work. > > > > authorised gasfitter means a person who is authorised under this Act to carry out gasfitting work. > > > > authorised officer means— > > > > > (a) any investigator, or > > > > > (b) any other person appointed under section 61 by the Secretary as an authorised officer for the purposes of the provision in which the expression is used. > > > > autogas installation means a system of pipes and associated equipment that forms part of a vehicle, vessel or machine and that is designed to convey liquefied petroleum gas or natural gas to an internal combustion engine that is installed in, or forms part of, the vehicle, vessel or machine. > > > > autogas work means work involved in— > > > > > (a) the installation, alteration, extension or repair of an autogas installation, or > > > > > (b) the connection of a gas cylinder to, or the disconnection of a gas cylinder from, an autogas installation. > > > > certification authority—see section 23. > > > > certified gas appliance—see section 21. > > > > class specification for an electrical article—see section 13. > > > > conduct includes any act or omission. > > > > declared electrical article—see section 12. > > > > Department means the Department of Customer Service. > > > > electrical article means any appliance, wire, fitting, cable, conduit, meter, insulator, apparatus, material or other electrical equipment intended or designed for use in, or for the purposes of, or for connection to, any electrical installation. > > > > Note— > > > > A reference in this Act to an electrical article includes a reference to a high risk battery article unless otherwise provided in this Act or by the regulations—see section 6. > > > > electrical installation means any fixed appliances, wires, fittings, meters, apparatus or other electrical equipment used for (or for purposes incidental to) the conveyance, measuring, control and use of electricity in a particular place, but does not include any of the following— > > > > > (a) subject to any regulation made under subsection (4)—any electrical equipment (other than a meter) used, or intended for use, in the generation, transmission or distribution of electricity that is— > > > > > > > (i) owned or used by an electricity supply authority, or > > > > > > > (ii) located at a place that is owned or occupied by such an authority, > > > > > (a1) a meter used, or intended for use, in the generation, transmission or distribution of electricity that is— > > > > > > > (i) owned or used by an electricity supply authority, and > > > > > > > (ii) located at a place owned or occupied by the authority, > > > > > (b) any electrical article connected to, and extending or situated beyond, any electrical outlet socket, > > > > > (c) any electrical equipment in or about a mine, > > > > > (d) any electrical equipment operating at not more than 50 volts alternating current or 120 volts ripple-free direct current, > > > > > (e) any other electrical equipment, or class of electrical equipment, prescribed by the regulations. > > > > electrical installation work means the work of installing, adding to, altering, disconnecting, reconnecting or replacing an electrical installation. > > > > electrical wiring work means the physical work of installing, repairing, altering, removing or adding to an electrical installation or the supervising of that work. > > > > electricity supply authority means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public whether by statute, franchise agreement or otherwise and includes— > > > > > (a) an energy services corporation within the meaning of the [Energy Services Corporations Act 1995](/view/html/inforce/current/act-1995-095), and > > > > > (b) an authorised network operator under the [Electricity Network Assets (Authorised Transactions) Act 2015](/view/html/inforce/current/act-2015-005), and > > > > > (c) Rail Corporation New South Wales, and > > > > > (d) Transport for NSW, and > > > > > (d1) Sydney Metro, and > > > > > (e) the Water Administration Ministerial Corporation constituted by the [Water Management Act 2000](/view/html/inforce/current/act-2000-092). > > > > flue means any system of pipes and associated fittings designed to convey exhaust gases away from a gas appliance. > > > > function includes power, authority or duty, and exercise a function includes perform a duty. > > > > gas means— > > > > > (a) natural gas, or > > > > > (b) liquefied petroleum gas, or > > > > > (c) any other substance that the regulations declare to be gas for the purposes of this Act, > > > > but does not include a medical gas. > > > > gas appliance means any gas burning or gas using appliance that is manufactured, adapted or designed for connection to a gas installation, whether by means of a gas outlet socket or otherwise, and includes any liquefied petroleum gas dispenser, catalytic burner or vaporiser, but does not include— > > > > > (a) an internal combustion engine that is installed in, or forms part of, a vehicle, vessel or machine, or > > > > > (b) an appliance used in a medical facility for the supply or removal of a medical gas. > > > > gas component means the following— > > > > > (a) a gas regulator, > > > > > (b) any other item prescribed by the regulations for the purposes of this definition. > > > > gas container includes a gas cylinder, a gas cartridge, a pressure vessel and a gas tank. > > > > gas installation means— > > > > > (a) any pipe or system of pipes used to convey or control gas, and any associated fittings and equipment, that are downstream of the gas supply point, but does not include anything beyond the gas installation end point, and > > > > > (b) any flue that is downstream of the gas supply point, > > > > but does not include— > > > > > (c) an autogas installation, or > > > > > (d) a medical gas installation. > > > > gas installation end point means— > > > > > (a) in the case of a gas installation to which gas is supplied from a gas network—the gas outlet socket, or > > > > > (b) in any other case—the control valve or other connection point of a gas appliance or of another gas container. > > > > gas supply point means— > > > > > (a) in the case of a gas installation to which gas is supplied from a gas network—the outlet of the gas meter at which the gas is supplied, or > > > > > (b) in any other case—the control valve or other connection point of a gas container. > > > > gasfitting work means any work involved in— > > > > > (a) the installation, alteration, extension or repair of a gas installation, or > > > > > (b) the installation, alteration, extension, removal or repair of a flue, or > > > > > (c) the connection of a gas installation to, or the disconnection of a gas installation from, a gas supply point, or > > > > > (d) the connection of a gas appliance to, or the disconnection of a gas appliance from, a gas installation (otherwise than where the point of connection is a gas outlet socket), or > > > > > (e) the connection of a gas container, gas regulator or gas appliance to, or the disconnection of a gas container, gas regulator or gas appliance from, a gas installation (otherwise than where it is designed to be readily detachable from the installation whether by the use of a tool, mechanical force or otherwise). > > > > high risk battery article—see section 6. > > > > holder of a model approval means the person to whom a model approval has been given. > > > > investigator means a person appointed as an investigator under section 18 of the [Fair Trading Act 1987](/view/html/inforce/current/act-1987-068). > > > > liquefied petroleum gas means a liquid or gaseous substance containing a mixture of hydrocarbons, basically consisting of butane or butene or propane or propene, or any mixture of them. > > > > mark includes label. > > > > mechanical services and medical gas work has the same meaning as in the [Home Building Act 1989](/view/html/inforce/current/act-1989-147). > > > > medical facility means the following— > > > > > (a) a hospital within the meaning of the [Public Health Act 2010](/view/html/inforce/current/act-2010-127), > > > > > (b) an aged care facility, > > > > > (c) (Repealed) > > > > > (d) another place where medical gas is supplied or removed (except as prescribed by the regulations). > > > > medical gas means a substance used for medical purposes and prescribed by the regulations as a medical gas. > > > > medical gas installation means a reticulated system of pipes, hoses or lines in a medical facility that conveys or controls the supply or removal of medical gases, including associated fixtures or fittings and any other thing prescribed by the regulations, but not including anything connected to and extending or situated beyond a wall outlet or NIST fitting. > > > > medical gas technician work means the commissioning, testing, verification or certification of a medical gas installation. > > > > medical gasfitting work means the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of a medical gas installation and includes incidental design work. > > > > model approval means an approval for a model of electrical article given by the Secretary under section 16. > > > > model specification for an electrical article—see section 16 (1) (c). > > > > natural gas has the same meaning as it has in the [National Gas (NSW) Law](/view/html/inforce/current/act-2008-31a). > > > > place includes land (whether or not covered with water), premises, buildings and other structures. > > > > process commencing proceedings for an offence—see section 68. > > > > recognised external approval scheme means any scheme for the approval or certification of models of electrical articles that is declared under section 20 to be a recognised external approval scheme for the purposes of Part 2. > > > > registered health practitioner has the same meaning as it has in the [Health Practitioner Regulation National Law (NSW)](/view/html/inforce/current/act-2009-86a). > > > > relevant authority, in relation to another State or a Territory, means the authority prescribed by the regulations as the relevant authority for the other State or the Territory. > > > > Secretary means— > > > > > (a) the Commissioner for Fair Trading, Department of Customer Service, or > > > > > (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department. > > > > sell includes— > > > > > (a) auction or exchange, and > > > > > (b) offer, agree or attempt to sell, and > > > > > (c) advertise, expose, send, forward or deliver for sale, and > > > > > (d) cause or permit to be sold or offered for sale, and > > > > > (e) hire or cause to be hired, and > > > > > (f) display for sale or hire. > > > > > > Note— > > > > > > See subsection (3) in relation to display of electrical articles and gas appliances for sale. > > > > serious electrical accident—see section 39. > > > > serious gas accident—see section 39. > > > > specification includes (but is not limited to)— > > > > > (a) a standard, code, rule, testing requirement or other specification approved, recommended, adopted or published by Standards Australia, and > > > > > (b) a standard, code, rule, testing requirement or other specification described in, or prescribed by, the regulations. > > > > Note— > > > > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act. > > > (2) In this Act— > > > > > (a) a reference to a gas appliance includes a reference to a gas component, and > > > > > (b) a reference to a type of gas appliance is a reference to each gas appliance of the same design constructed to identical specifications, and > > > > > (c) a reference to a model of electrical article is a reference to each electrical article of the same design, material and construction. > > > (3) For the purposes of this Act— > > > > > (a) an electrical article (whether or not a declared electrical article) that is displayed for the purpose of advertising, or otherwise in connection with, the sale of other electrical articles of the same model, or > > > > > (b) a gas appliance that is displayed for the purpose of advertising, or otherwise in connection with, the sale of other gas appliances of the same type, > > > > is to be treated as being displayed for sale. > > > (4) The regulations may make provision for when electrical equipment (or any part of electrical equipment) of the kind referred to in paragraph (a) of the definition of electrical installation in subsection (1) is taken to form part of an electrical installation at a place for the purposes of that definition. > > > (5) Notes included in this Act do not form part of this Act. > > **s 4:** Am 2017 No 50, Sch 5.12 \[1\]; 2018 No 18, Sch 2.8; 2020 No 17, Sch 1\[1\]–\[4\]; 2020 No 25, Sch 7.2\[1\]; 2020 No 32, Sch 9.2\[1\] \[2\]; 2022 No 59, Sch 3.30\[1\].