Gas Safety Act 1997

Division 4—Adverse publicity orders 105

117AAB Adverse publicity orders 105

Part 6A—Infringement notices 108

117AB Definitions 108

117AC Power to serve a notice 109

117AE Infringement penalties 109

Part 7—General 110

117A Supreme Court—limitation of jurisdiction 110

118 Regulations 110

Part 8—Repeals, consequential amendments and transitional provisions 118

Division 2—Transitional provisions 118

124 Transitional provisions—gas installations 118

125 Transitional provisions—existing gas installation work 118

126 Transitional provision—appliances 119

127 Transitional provisions—abolition of the Gas Appeals Board 120

128 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 120

129 Transitional provision—Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020 120

130 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025 121

Schedule 1—Transitional provisions 122

Endnotes 126

1 General information 126

2 Table of Amendments 128

3 Explanatory details 132

Version No. 049

Gas Safety Act 1997

No. 99 of 1997

Version incorporating amendments as at

The Parliament of Victoria therefore enacts as follows:

Part 1—Preliminary

1 Purpose

The main purpose of this Act is to make provision for the safe conveyance, sale, supply, measurement, control and use of gas and to generally regulate gas safety.

2 Commencement

(1) Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent.

(2) The remaining provisions of this Act come into operation on a day or days to be proclaimed.

(3) If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.

S. 3
amended by No. 91/2000 s. 16 (ILA s. 39B(1)).

3 Definitions

(1) In this Act—

acceptance scheme includes any approval, certification or endorsement scheme, however described;

accepted safety case means—

(a) a safety case or provisional safety case accepted under Division 2 or 3 of Part 3; or

(b) if a revised safety case has been accepted or provisionally accepted under Division 2 or 3 of Part 3, that revised safety case—

but does not include a safety case that has lapsed under Division 3 of Part 3;

S. 3(1) def. of AEMO inserted by No. 23/2009 s. 37(1).

AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);

S. 3(1) def. of apparatus and works amended by No. 32/2001 s. 34(1)(a).

apparatus and works has the same meaning as it has in the Gas Industry Act 2001;

appliance means a device which uses gas to produce flame, heat, light, power or special atmosphere;

S. 3(1) def. of authorised officer inserted by No. 13/2025 s. 82(Sch. 2 item 1(a)).

authorised officer means a person appointed as an authorised officer under Part 5;

S. 3(1) def. of business day inserted by No. 24/2002 s. 12.

business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993;

S. 3(1) def. of Chairperson of Energy Safe Victoria inserted by No. 4/2020 s. 33(3).

Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the Energy Safe Victoria Act 2005;

S. 3(1) def. of Chief Executive Officer of Energy Safe Victoria inserted by No. 4/2020 s. 33(3).

Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;

S. 3(1) def. of Commis-sioner of Energy Safe Victoria inserted by No. 4/2020 s. 33(3).

Commissioner of Energy Safe Victoria means a Commissioner within the meaning of the Energy Safe Victoria Act 2005;

S. 3(1) def. of complex gas installation inserted by No. 91/1998 s. 26(3).

complex gas installation means a gas installation which is not a standard gas installation;

component means a component of an appliance or gas installation;

S. 3(1) def. of construction amended by No. 32/2001 s. 34(1)(b).

construction has the same meaning as it has in the Gas Industry Act 2001;

convey, in relation to gas, means to transmit, distribute or otherwise convey by pipeline;

S. 3(1) def. of decision inserted by No. 24/2002 s. 12.

decision for the purposes of Part 4 includes refusal, declaration, condition, prohibition or requirement;

S. 3(1) def. of Director substituted by No. 39/2005 s. 49(2), repealed by No. 4/2020 s. 33(1).

S. 3(1) def. of distribute amended by No. 32/2001 s. 34(1)(c).

distribute has the same meaning as it has in the Gas Industry Act 2001;

S. 3(1) def. of distribution pipeline amended by No. 32/2001 s. 34(1)(d).

distribution pipeline has the same meaning as it has in the Gas Industry Act 2001;

S. 3(1) def. of Energy Safe Victoria inserted by No. 39/2005 s. 49(1), substituted by No. 4/2020 s. 33(2).

Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;

facility means—

(a) a pipeline; or

1. a facility or service for the control of the conveyance of gas; or

(c) a facility for the measurement of gas where the facility is connected to a transmission pipeline; or

(d) a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes); or

(e) a service which controls the quality of liquefied petroleum gas provided for supply or sale (other than liquefied petroleum gas used or intended to be used for automotive purposes); or

(f) a tempered liquefied petroleum gas plant;

gas means any gaseous fuel but does not include any gaseous fuel that is declared under section 4 not to be gas for the purposes of this Act or any provision of this Act;

gaseous fuel includes petrochemical feed stock;

gasfitting work means work carried out in connection with the installation, renewal, commissioning, replacement, modification, relocation, repair or maintenance of any gas installation or any part of any gas installation;

S. 3(1) def. of gas company amended by Nos 91/1998 s. 26(1), 32/2001 s. 34(1)(e), 23/2009 s. 37(2).

gas company means—

(a) a gas transmission company within the meaning of the Gas Industry Act 2001; or

(ab) AEMO; or

(b) a gas distribution company within the meaning of the Gas Industry Act 2001; or

(c) a gas retailer within the meaning of the Gas Industry Act 2001; or

(d) a person who is an owner or operator of a facility or service for the control of the conveyance of gas, being a person declared under section 5 to be a gas company for the purposes of this Act; or

(e) a person who is an owner or operator of a facility for the measurement of gas connected to a transmission pipeline; or

(f) a person who is an owner or operator of a pipeline, being a person declared under section 5 to be a gas company for the purposes of this Act; or

(g) a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act;

(h) a person who is an owner or operator of a service for the supply of liquefied petroleum gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act;

gas incident means any incident or event relating to the conveyance, supply or use of gas which causes or has the potential to cause—

(a) the death of or injury to a person; or

(b) significant damage to property; or

(c) an explosion;

gas installation means, in respect of the use or intended use of gas, a combination of—

(a) any pipe or system of pipes for or incidental to the conveyance of gas and components or fittings associated with the pipe or pipes which are downstream of the gas supply point; and

(b) any one or more of the following—

(i) any liquefied petroleum gas storage vessels with an aggregate capacity not exceeding 500 litres;

(ii) any appliance and associated components or fittings which are downstream of the gas supply point;

(iii) any meter which is downstream of the gas supply point;

(iv) any means of ventilation or system for the removal of combustion products which is downstream of the gas supply point;

gas supply point means—

(a) the outlet of a gas company's meter assembly; or

(b) the outlet of the primary shut-off valve of a liquefied petroleum gas storage vessel; or

(c) if paragraph (a) or (b) does not apply, the point of supply of gas;

gas work means gasfitting work and upstream gas work;

S. 3(1) def. of inspector repealed by No. 13/2025 s. 82(Sch. 2 item 1(b)).

meter means an instrument that measures the quantity of gas passing through it;

meter assembly means a system that includes a meter and any associated pipes, fittings, components, equipment or instruments;

S. 3(1) def. of Office repealed by No. 39/2005 s. 49(3).

S. 3(1) def. of operation amended by No. 32/2001 s. 34(1)(f).

operation has the same meaning as it has in the Gas Industry Act 2001;

person includes an unincorporated body or association and a partnership;

S. 3(1) def. of pipeline amended by No. 32/2001 s. 34(1)(g).

pipeline has the same meaning as it has in the Gas Industry Act 2001;

practicable in sections 32, 33, 61, 62 and 63, means practicable having regard to—

(a) in sections 32, 61, 62 and 63 the severity of the hazard or risk in question; and

(b) in section 33, the severity of the hazard or risk involved in not meeting a prescribed standard or requirement; and

(c) the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and

(d) the availability and suitability of ways to remove or mitigate the hazard or risk; and

(e) the cost of removing or mitigating the hazard or risk;

premises includes caravan, mobile home and vessel;

quality, in relation to gas, includes odorisation, purity, temperature, pressure and composition;

S. 3(1) def. of standard gas installation inserted by No. 91/1998 s. 26(3), amended by No. 59/2008 s. 39.

standard gas installation means—

(a) a gas installation—

(i) which contains only Type A appliances; and

(ii) which is located in residential premises of a prescribed class or on land associated with such premises; or

(b) a gas installation—

(i) which contains only Type A appliances; and

(ii) which is located in commercial premises of a prescribed class or on land associated with such premises; and

(iii) in which the total gas consumption of the appliances does not exceed the relevant prescribed amount per hour; and

(iv) which has a maximum metering pressure that is less than the prescribed maximum metering pressure or a maximum operating pressure that is less than the prescribed maximum operating pressure; and

(v) which has a number of gas supply points that is less than the prescribed number of gas supply points;

tempered liquefied petroleum gas means a mixture of vaporised liquefied petroleum gas and air;

S. 3(1) def. of transmission pipeline amended by No. 32/2001 s. 34(1)(h).

transmission pipeline means—

(a) a transmission pipeline within the meaning of the Gas Industry Act 2001; or

(b) a pipeline that is declared under section 6 to be a transmission pipeline;

S. 3(1) def. of transmit amended by No. 32/2001 s. 34(1)(i).

transmit has the same meaning as it has in the Gas Industry Act 2001;

S. 3(1) def. of Tribunal inserted by No. 24/2002 s. 12.

Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;

S. 3(1) def. of Type A appliance amended by No. 39/2005 s. 49(4).

Type A appliance means—

(a) an appliance (including a second-hand appliance) for which an acceptance scheme has been authorised by Energy Safe Victoria in accordance with section 68; or

(b) an appliance which has been accepted under section 69;

S. 3(1) def. of Type A gas installation repealed by No. 91/1998 s. 26(2).

Type B appliance means an appliance (including a second-hand appliance) with a gas consumption in excess of 10 megajoules per hour including any components and fittings of that appliance downstream of and including the appliance manual shut-off valve but does not include a Type A appliance;

S. 3(1) def. of Type B gas installation repealed by No. 91/1998 s. 26(2).

upstream gas work means work carried out between the outlet point of a gas processing plant and the outlet of a gas distribution company's meter assembly in connection with the construction, commissioning, renewal, operation, control, replacement, modification, repair, maintenance or testing of—

(a) transmission and distribution systems and related apparatus and works; or

(b) any other thing used for the conveyance, supply, control or measurement of gas.

S. 3(2) inserted by No. 91/2000 s. 16.

(2) In the definition of gas installation, a reference to gas includes, in relation to liquefied petroleum gas, that gas in its liquid phase.

4 Declaration of gaseous fuel

The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act.

5 Declaration of gas company

The Governor in Council, by Order published in the Government Gazette, may declare any of the following to be a gas company for the purposes of this Act—

(a) a person who is an owner or operator of a pipeline;

(b) a person who is an owner or operator of a facility or service for the control of the conveyance of gas;

(c) a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas which is used or intended to be used for automotive purposes).

6 Declaration of pipeline to be a transmission line

The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or class of pipeline to be a transmission pipeline.

7 Exemptions

S. 7(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) The Governor in Council, by Order published in the Government Gazette, and on the recommendation of Energy Safe Victoria, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order—

(a) do not have effect in relation to a specified person or class of persons or do not have effect to such extent as is specified; or

(b) do not have effect in relation to a specified facility or class of facilities or do not have effect to such extent as is specified; or

(c) do not have effect in relation to specified appliances or a class of appliances or do not have effect to such extent as is specified; or

(d) do not have effect in relation to specified gas installations or a class of gas installations or do not have effect to such extent as is specified; or

(e) do not have effect in relation to specified gas work or a class of gas work or do not have effect to such extent as is specified.

(2) An Order under subsection (1)—

(a) may specify the period during which the Order is to remain in force; and

(b) may provide that its operation is subject to such terms and conditions as are specified in the Order.

(3) A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject.

8 Crown to be bound

This Act binds the Crown, not only in right of Victoria but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.

Pt 2 (Headings and
ss 9–31) amended by Nos 46/1998 s. 7(Sch. 1), 91/2000
ss 17–21, 108/2004 s. 117(1) (Sch. 3 item 88), substituted as Pt 2
(Heading and ss 9–11) by No. 39/2005 s. 50.

Part 2—Energy Safe Victoria

S. 9 substituted by No. 39/2005 s. 50.

9 Objectives of Energy Safe Victoria

The objectives of Energy Safe Victoria under this Act are—

(a) to ensure the safety of the conveyance, sale, supply, measurement, control and use of gas; and

(b) to control the safety standards of gas work; and

(c) to maintain public and industry awareness of gas safety requirements; and

(d) to promote awareness of energy efficiency through energy efficiency labelling of gas installations, appliances and components and energy efficiency regulation of gas installations, appliances and components.

S. 10 substituted by No. 39/2005 s. 50.

10 Functions of Energy Safe Victoria

The functions of Energy Safe Victoria under this Act are—

(a) to issue guidelines specifying minimum safety standards for appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas;

(b) to issue guidelines in relation to the preparation of safety cases;

(c) to monitor compliance of appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas with the specified safety standards;

(d) to monitor compliance of gas companies with accepted safety cases;

(e) to audit accepted safety cases to determine the adequacy and effectiveness of those safety cases;

(f) to administer the prescribed minimum standards for energy efficiency of gas installations, appliances and components;

(g) to inspect and test gas installations, appliances and components for compliance with the specified minimum standards for energy efficiency;

(h) to investigate events or incidents which have implications for gas safety;

(i) to provide advisory and consultative services in relation to gas safety;

(j) to consult with and advise industry and the community in relation to gas safety;

S. 10(ja) inserted by No. 35/2013 s. 14.

(ja) to monitor and enforce compliance with this Act and the regulations;

(k) such other functions as are conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.

S. 11 substituted by No. 39/2005 s. 50.

11 Funding

A gas company must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that gas company in respect of the remuneration and reasonable costs and expenses of Energy Safe Victoria.

Ss 12–31 repealed by No. 39/2005 s. 50.

Part 3—Gas safety

Division 1—General duties of gas companies

S. 32 amended by No. 22/2023 s. 41.

32 General duties of gas companies

A gas company must manage and operate each of its facilities to minimise as far as practicable—

(a) the hazards and risks to the safety of the public and customers arising from gas; and

(b) the hazards and risks of damage to property of the public and customers arising from gas; and

(c) the hazards and risks to the safety of the public and customers arising from—

(i) interruptions to the conveyance or supply of gas; and

(ii) the reinstatement of an interrupted gas supply.

33 Gas quality

S. 33(1) amended by No. 22/2023 s. 42.

(1) A gas company must ensure that, as far as practicable, the gas which it conveys—

(a) meets the prescribed standards of quality; and

(b) complies with any other prescribed requirements.

S. 33(2) amended by No. 22/2023 s. 42.

(2) A gas company which supplies or sells gas to a customer for use in a gas installation must ensure that, as far as practicable, the gas supplied or sold—

(a) meets the prescribed standards of quality; and

(b) complies with any other prescribed requirements.

34 Offence to supply or sell gas for unsafe gas installation

S. 34(1) amended by No. 22/2023 s. 43.

(1) A gas company must not knowingly supply or sell gas for use in a gas installation which is unsafe.

S. 34(2) amended by No. 22/2023 s. 43.

(2) A gas company must not knowingly supply or sell gas for use in a gas installation which does not comply with this Act or the regulations except in the prescribed circumstances.

35 Offence to supply or sell gas where emergency plumbing order applies

A gas company must not knowingly supply or sell gas for use in a gas installation to which an emergency plumbing order under section 221ZZF of the Building Act 1993 applies.

36 Mandatory reporting of gas incidents

S. 36(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) A gas company must report to Energy Safe Victoria in accordance with the regulations any gas incident which occurs in relation to a facility of that gas company.

S. 36(2) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(2) A gas company must report to Energy Safe Victoria in accordance with the regulations any gas incident of which it is aware and which occurs in relation to a gas installation to which it supplies or sells gas.

1. In the case of a natural person, 2 penalty units;

In the case of a body corporate, 10 penalty units.

S. 36(3) amended by Nos. 39/2005 s. 52(Sch. 2 item 2), 20/2019 s. 178.

(3) The Fire Rescue Commissioner of Fire Rescue Victoria and the Chief Officer under the Country Fire Authority Act 1958 must report to Energy Safe Victoria any fire or explosion in which he or she suspects gas was a cause or contributing factor.

S. 36A inserted by No. 22/2023 s. 44.

36A Preservation of gas incident sites

S. 36A(1) amended by No. 13/2025 s. 82(Sch. 2 item 2).

(1) Subject to subsection (2), a gas company that is required to report a gas incident under section 36 must not fail, without reasonable excuse, to ensure that the site of the gas incident is not disturbed until an authorised officer directs otherwise.

(2) The site of a gas incident may be disturbed for the purpose of—

(a) protecting the health or safety of any person; or

(b) aiding an injured person who was involved in the gas incident; or

(c) taking action necessary to make the site safe or to prevent a further gas incident; or

(d) restoring supply of gas.

Division 2—Safety case for facility

37 Safety case

S. 37(1) amended by Nos 39/2005 s. 52(Sch. 2 item 2), 22/2023 s. 45.

(1) A gas company must submit a safety case to Energy Safe Victoria for each of its facilities in accordance with this section.

1. In the case of a natural person, 600 penalty units;

In the case of a body corporate, 3000 penalty units.

(2) A safety case for a facility must—

(b) in accordance with the regulations, specify the safety management system being followed or to be followed by the gas company—

(i) to comply with the gas company's duties under Division 1; and

(ii) in relation to any other matters relating to the safe conveyance, supply, sale, measurement or control of gas that are prescribed.

(3) The safety case for a facility which is in operation immediately before the commencement of this section must be submitted within 6 months after that commencement.

S. 37(4) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(4) The safety case for any other facility must be submitted to Energy Safe Victoria before the facility commences operation.

(5) A safety case may be submitted in stages.

(6) A safety case may apply to more than one facility.

(7) A gas company which has submitted a safety case for a facility under section 138 of the Gas Industry Act 1994 before the commencement of this section is deemed to have complied with this section in relation to that facility.

S. 37(8) inserted by No. 23/2009 s. 37(3).

(8) The safety case for a facility submitted by VENCorp to Energy Safe Victoria in October 2008 and in force immediately before the commencement of section 37 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 is to be taken to continue in force under this section as if the safety case were submitted by AEMO.

38 Validation of safety case for a facility

S. 38(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) If a safety case has been submitted for a facility, Energy Safe Victoria may require the gas company to obtain an independent validation of that safety case or any part of that safety case.

S. 38(2) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(2) Energy Safe Victoria may require the validation to assess the design, construction, commissioning or operation of the facility or the required part of the facility or all or any of those matters to determine if the facility or part will be fit for the purpose.

S. 38(3) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(3) The gas company must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a matter has the necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter.

S. 38(4) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(4) If Energy Safe Victoria requires a gas company to provide an independent validation of a safety case or part of a safety case, the costs of that validation must be borne by the gas company.

S. 38(5) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(5) Energy Safe Victoria is not required to proceed with the consideration of a safety case until the independent validation is provided.

39 Additional information

S. 39(1) amended by No. 39/2005 s. 52(Sch. 2 items 1, 2).

(1) Energy Safe Victoria may require a gas company to provide any additional information that Energy Safe Victoria thinks fit in relation to a safety case submitted by the gas company under this Division.

S. 39(2) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(2) Energy Safe Victoria is not required to proceed with the consideration of a safety case until the additional information is provided.

40 Acceptance of safety case

S. 40(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria must consider a safety case submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the safety case permit.

S. 40(2) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(2) Energy Safe Victoria must accept a safety case submitted under this Division if it is satisfied that the safety case is appropriate for the facility to which it applies and complies with this Act and the regulations.

S. 40(3) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(3) Energy Safe Victoria must notify the gas company in writing of its decision to accept a safety case.

41 Provisional acceptance of safety case

S. 41(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may provisionally accept a safety case if it is satisfied that it will provide for the safe operation of the facility.

S. 41(2) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(2) Energy Safe Victoria must notify the gas company in writing of its decision to provisionally accept a safety case.

(3) The notice of acceptance must state—

(a) the period that the provisional acceptance will be in force; and

(b) the extent to which the safety case has been accepted; and

(c) any limitations or conditions which will apply in respect of the use or operation of the facility while the provisional acceptance is in force.

42 Non-acceptance of safety case

S. 42(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) If Energy Safe Victoria does not accept or provisionally accept a safety case it must—

(a) notify the gas company in writing of the non‑acceptance; and

(b) give the gas company an opportunity to modify and re-submit the safety case.

S. 42(2) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(2) A modified safety case must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).

S. 42(3) amended by No. 39/2005 s. 52(Sch. 2 item 3(a)(b)).

(3) If, after considering any modified safety case submitted under this section, Energy Safe Victoria decides not to accept a safety case it must give notice in writing of that decision to the gas company.

(4) A notice under this section must be accompanied by a statement of the reasons for the decision.

S. 43 (Heading) inserted by No. 39/2005 s. 52(Sch. 2 item 4).

43 Energy Safe Victoria may determine safety case

S. 43(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may determine the safety case which is to apply in respect of a facility which is in operation at the time of the determination if—

(a) the gas company fails to submit a safety case for the facility in accordance with this Division; or

S. 43(1)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) Energy Safe Victoria has decided not to accept a safety case for the facility.

S. 43(2) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(2) If Energy Safe Victoria determines the safety case to apply to a facility under this section, Energy Safe Victoria must give notice in writing to the gas company of that determination.

S. 43(3) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(3) On notice being given to the gas company under subsection (2), the safety case determined by Energy Safe Victoria is deemed for the purposes of this Act to be the accepted safety case for the facility to which it applies.

S. 43(4) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(4) Nothing in subsection (3) prevents a gas company from submitting a safety case or a revised safety case for a facility to Energy Safe Victoria for acceptance under this Division.

44 Compliance with safety case

S. 44(1) amended by No. 22/2023 s. 46(1).

(1) A gas company must not commission or commence to operate a facility of the gas company unless a safety case for that facility has been accepted or provisionally accepted under this Division.

S. 44(2) amended by No. 22/2023 s. 46(1).

(2) A gas company must comply with the accepted safety case for a facility in relation to the management and operation of the facility.

S. 44(3) amended by No. 22/2023 s. 46(1).

(3) A gas company must comply with the accepted safety case for a facility in relation to the removal, dismantling or decommissioning of the facility.

S. 44(4) amended by Nos 39/2005 s. 52(Sch. 2 item 2), 22/2023 s. 46(1).

(4) A gas company must not—

S. 44(4)(a) amended by No. 22/2023 s. 46(2)(a).

(a) undertake or permit a modification of a facility that has the potential to increase the overall levels of risk in relation to a facility; or

S. 44(4)(b) amended by No. 22/2023 s. 46(2)(a).

(b) undertake or permit a modification that has the potential to influence the level of a specific risk or the ranking of risk contributing factors; or

S. 44(4)(c) amended by No. 22/2023 s. 46(2)(b).

(c) make or permit a change to the safety management system in relation to the facility—

unless Energy Safe Victoria has accepted a revision of the safety case in relation to that matter for that facility.

S. 45 amended by No. 39/2005 s. 52(Sch. 2 item 2).

45 Revision of safety case—change

A gas company must submit a revised safety case to Energy Safe Victoria if—

(a) developments in technical knowledge or the assessment of hazards relevant to the facility make it appropriate to revise the safety case; or

S. 45(b) amended by No. 22/2023 s. 47(a).

(b) proposed modifications of the facility will result in an increase in the overall levels of risk in relation to the facility; or

S. 45(c) amended by No. 22/2023 s. 47(b).

(c) a proposed modification of the facility may influence the level of a specific risk or the ranking of risk contributing factors; or

S. 45(d) amended by No. 22/2023 s. 47(c).

(d) the gas company proposes to make a change to the safety management system in relation to the facility; or

(e) the gas company proposes to dismantle, decommission or remove the facility or part of the facility in a different manner from the procedures set out in the safety case for the facility.

S. 46 amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 22/2023 s. 48.

46 Revision of safety case—every 5 years

(1) A gas company must submit a revised safety case for a facility of the company to Energy Safe Victoria at the end of a review period.

Penalty: In the case of a natural person, 300 penalty units;

relevant day means the day on which section 48 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;

review period means—

(a) either—

(i) for an accepted safety case in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or

(ii) for any other accepted safety case, the period of 5 years commencing on the day on which it is first accepted; and

(b) every subsequent period of 5 years commencing on the day after the day on which the previous period ends.

S. 47 (Heading) inserted by No. 39/2005 s. 52(Sch. 2 item 5).

47 Energy Safe Victoria may request submission of revised safety case

S. 47(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may at any time request a gas company to submit a revised safety case for a facility of the gas company.

(2) The request must—

(b) set out—

(i) the matters to be addressed by the required revision; and

(ii) the proposed date of effect of the revision; and

(iii) the grounds for the request.

S. 47(3) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(3) The gas company to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—

(a) that the revision should not occur;

(b) that the revision should be in different terms from the proposed terms;

(c) that the revision should take effect on a later date than the proposed date of effect.

(4) The submission must—

(b) state the gas company's reasons for the submission; and

S. 47(4)(c) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(c) be made within 21 days, or such later period as Energy Safe Victoria in writing allows, after the request is received.

S. 47(5) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(5) If a gas company makes a submission under this section, Energy Safe Victoria must decide—

(a) to accept the submission or part of the submission and vary or withdraw the request accordingly; or

(b) to reject the submission.

S. 47(6) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(6) Energy Safe Victoria must give the gas company notice in writing of its decision on the submission and the reasons for that decision.

S. 48 amended by Nos 39/2005 s. 52(Sch. 2 item 2), 22/2023 s. 49.

48 Offence to fail to submit revised safety case on request

If Energy Safe Victoria requests the revision of a safety case in accordance with section 47, the gas company must submit a revised safety case for a facility to Energy Safe Victoria—

S. 48(a) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(a) if the gas company does not make a submission under that section, within the time (being not less than 60 days) specified by Energy Safe Victoria in the request; or

S. 48(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) if the gas company has made a submission under that section and Energy Safe Victoria has not withdrawn the request, within the time (being not less than 60 days) specified by Energy Safe Victoria in the decision on the submission.

49 Application of provision to revised safety case

Sections 38 to 43 apply to the revision of a safety case in the same manner as they apply to a safety case.

50 Compliance with safety case is defence

It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted safety case in relation to that duty or obligation.

Division 3—Safety case for gas installation

51 Definitions

In this Division—

manufacturer in relation to a class of appliances or gas installations, means a person who manufactures that class of appliances or installations;

operator in relation to a gas installation or proposed gas installation, means the person who owns or operates or is to own or operate the gas installation.

52 Safety case for complex gas installation in manufacturing or industrial premises

S. 52(1) amended by Nos 91/1998 s. 27(1), 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may permit the operator of a complex gas installation or proposed complex gas installation which is or is to be located in manufacturing or industrial premises to submit a safety case for that gas installation.

(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe installation and operation of the gas installation.

S. 52(3)(a) amended by No. 91/1998 s. 27(1).

(a) any reference to a facility were a reference to the complex gas installation; and

S. 52(3)(b) amended by No. 91/1998 s. 27(1).

(b) any reference to a gas company were a reference to the operator of the complex gas installation.

53 Safety case for supply and installation of Type B appliances in manufacturing or industrial premises

S. 53(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may permit a manufacturer of a class of Type B appliances intended for use in manufacturing or industrial premises to submit a safety case in relation to the supply and installation of those appliances.

(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safe supply and installation of the class of Type B appliances.

(a) any reference to a facility were a reference to the supply and installation of the Type B appliances; and

(b) any reference to a gas company were a reference to the manufacturer of the Type B appliances.

54 Safety case for manufacture of complex gas installations

S. 54(1) amended by Nos 91/1998 s. 27(2), 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may permit a manufacturer of a class of complex gas installations to submit a safety case for the manufacture of that class of gas installations.

(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safety of the class of gas installations.

S. 54(3)(a) amended by No. 91/1998 s. 27(2).

(a) any reference to a facility were a reference to the manufacture of the complex gas installations; and

S. 54(3)(b) amended by No. 91/1998 s. 27(2).

(b) any reference to a gas company were a reference to the manufacturer of the complex gas installations.

(4) This section does not apply to the manufacture of a gas installation at the site at which it is intended to be used.

55 Exemption from regulations

S. 55(1) amended by Nos 91/1998 s. 27(1), 39/2005 s. 52(Sch. 2 item 6(a)(b)).

(1) If Energy Safe Victoria accepts a safety case submitted under section 52, it may exempt the operator of the complex gas installation from compliance with any of the regulations relating to the installation and operation of gas installations.

S. 55(2) amended by No. 39/2005 s. 52(Sch. 2 item 6(a)(b)).

(2) If Energy Safe Victoria accepts a safety case submitted under section 53, it may exempt the manufacturer of the Type B appliances from compliance with any of the regulations relating to the installation of appliances.

S. 55(3) amended by Nos 91/1998 s. 27(2), 39/2005 s. 52(Sch. 2 item 6(a)(b)).

(3) If Energy Safe Victoria accepts a safety case submitted under section 54, it may exempt the manufacturer of the complex gas installations from compliance with any of the regulations relating to the installation of gas installations.

S. 55(4) amended by No. 39/2005 s. 52(Sch. 2 item 6(a)(b)).

(4) If Energy Safe Victoria accepts a safety case submitted under this Division, it may exempt any person authorised under the safety case to carry out a class or type of gasfitting work from compliance with any of the regulations relating to the carrying out of that class or type of gasfitting work.

S. 55(5) amended by No. 39/2005 s. 52(Sch. 2 item 7(a)(b)).

(5) Energy Safe Victoria must not grant an exemption under this section from compliance with a regulation unless it is satisfied that the level of safety to be provided if the exemption is given is not less than the level of safety which would be required to be provided under the regulation.

56 Compliance with safety case

S. 56(1) amended by Nos 91/1998 s. 27(1), 22/2023 s. 50.

(1) An operator of a complex gas installation for which there is an accepted safety case under this Division must comply with that safety case in respect of that gas installation.

S. 56(2) amended by No. 22/2023 s. 50.

(2) A manufacturer of a class of Type B appliances for which there is an accepted safety case under this Division must comply with that safety case in respect of the supply and installation of those appliances.

S. 56(3) amended by Nos 91/1998 s. 27(2), 22/2023 s. 50.

(3) A manufacturer of a class of complex gas installations for which there is an accepted safety case under this Division must comply with that safety case in respect of the manufacture of those gas installations.

S. 57 amended by Nos 91/1998 s. 27(1)(2), 39/2005 s. 52(Sch. 2 item 2), substituted by No. 22/2023 s. 51.

57 Revision of safety case—every 5 years

(1) An operator of a complex gas installation or a manufacturer of a class of Type B appliances or a class of complex gas installations, in respect of which an accepted safety case applies under this Division, must submit a revised safety case to Energy Safe Victoria at the end of a review period.

Penalty: In the case of a natural person, 300 penalty units;

relevant day means the day on which section 51 of the Energy Legislation Amendment (Energy Safety) Act 2023 comes into operation;

review period means—

(a) either—

(i) for an accepted safety case in force immediately before the relevant day, the period of 5 years commencing on the day of its most recent acceptance before the relevant day; or

(ii) for any other accepted safety case, the period of 5 years commencing on the day on which it is first accepted; and

(b) every subsequent period of 5 years commencing on the day after the day on which the previous period ends.

S. 58 (Heading) inserted by No. 39/2005 s. 52(Sch. 2 item 8).

58 Energy Safe Victoria may request submission of revised safety case

S. 58(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may at any time request—

S. 58(1)(a) amended by No. 91/1998 s. 27(1).

(a) an operator of a complex gas installation to which an accepted safety case applies to submit a revised safety case for that installation; or

(b) a manufacturer of a class of Type B appliances to which an accepted safety case applies to submit a revised safety case for that class of appliances; or

S. 58(1)(c) amended by No. 91/1998 s. 27(2).

(c) a manufacturer of a class of complex gas installations to which an accepted safety case applies to submit a revised safety case for that class of gas installations.

(2) The request must—

(b) set out—

(i) the matters to be addressed by the required revision; and

(ii) the proposed date of effect of the revision; and

(iii) the grounds for the request.

S. 59 amended by Nos 39/2005 s. 52(Sch. 2 item 2), 22/2023 s. 52.

59 Compliance with request

An operator or manufacturer must comply with a request under section 58 within the time (being not less than 60 days) specified by Energy Safe Victoria in the request.

60 Lapsing of safety case

S. 60(1) amended by Nos 91/1998 s. 27(1)(2), 39/2005 s. 52(Sch. 2 item 2).

(1) If an operator of a complex gas installation or manufacturer of a class of Type B appliances or a class of complex gas installations fails to comply with section 57 or 58, Energy Safe Victoria, by notice in writing to the operator or manufacturer, may determine that the accepted safety case applying to that gas installation or class of appliances or class of gas installations has lapsed.

S. 60(2) amended by Nos 91/1998 s. 27(1)(2), 39/2005 s. 52(Sch. 2 item 2).

(2) An operator of a complex gas installation or a manufacturer of a class of Type B appliances or a class of complex gas installations may, by notice in writing to Energy Safe Victoria, withdraw an accepted safety case applying to that gas installation or class of appliances or class of gas installations.

(3) If an accepted safety case has lapsed or been withdrawn, any exemption granted under section 55 in respect of that safety case lapses.

S. 61 amended by Nos 91/1998 s. 27(1), 22/2023 s. 53.

61 Duty of operator of complex gas installation

The operator of a complex gas installation to which an accepted safety case applies must manage and operate that gas installation to minimise as far as practicable—

(a) the hazards and risks to the safety of the public arising from the use of the gas installation; and

(b) the hazards and risks to property arising from the use of the gas installation.

S. 62 amended by No. 22/2023 s. 54.

62 Duty of manufacturer of Type B appliances

A manufacturer of a class of Type B appliances in respect of which an accepted safety case applies must ensure that those appliances are manufactured and installed in such a manner to minimise as far as practicable—

(a) the hazards and risks to the safety of the public arising from the gas installation; and

(b) the hazards and risks to property arising from the gas installation.

S. 63 amended by Nos 91/1998 s. 27(2), 22/2023 s. 55.

63 Duty of manufacturer of complex gas installations

A manufacturer of a class of complex gas installations to which an accepted safety case applies must ensure that those gas installations are manufactured in such a manner to minimise as far as practicable—

(a) the hazards and risks to the safety of the public arising from the gas installations; and

(b) the hazards and risks to property arising from the gas installations.

64 Compliance with safety case is a defence

It is a defence to a prosecution of a person for an offence relating to a breach of a duty set out in section 61, 62 or 63 if the person has complied with the accepted safety case in relation to that duty.

Division 4—Approval or authorisation to undertake certain gas work

65 Approval of persons to carry out upstream gas work

S. 65(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) Any person may apply to Energy Safe Victoria for approval to carry out upstream gas work in relation to a particular facility or class of facility.

(2) An application under subsection (1) must—

(b) contain the prescribed information; and

(c) be accompanied by the relevant prescribed fee.

S. 65(3) amended by No. 39/2005 s. 52(Sch. 2 items 1, 2).

(3) Energy Safe Victoria may grant an approval under this section to a person to undertake upstream gas work or a particular class of upstream gas work in relation to a particular facility or class of facility if Energy Safe Victoria is satisfied that the applicant has the appropriate qualifications and experience to undertake that work.

(4) An approval under this section is granted subject to—

(a) any terms, conditions or limitations specified in the approval; and

(b) any terms, conditions or limitations which are prescribed.

S. 65(5) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(5) Energy Safe Victoria may at any time suspend or cancel an approval given under this section.

S. 66 amended by No. 13/2025 s. 65.

66 Offence to carry out upstream gas work without approval or authorisation

A person must not carry out upstream gas work in relation to any facility unless the person—

(a) is approved under section 65 to carry out that work; or

(b) is authorised under an accepted safety case to carry out that work.

67 Standard of gas work

A person who carries out gas work in relation to a facility must carry out that work competently and with due regard to safety.

Division 5—Appliances and gas installations

S. 68AA inserted by No. 57/2009 s. 19.

68AA Definition

In this Division—

ESV approved label means a label approved by Energy Safe Victoria under section 69B.

S. 68 amended by No. 39/2005 s. 52(Sch. 2 item 1).

68 Authorisation of acceptance scheme

Energy Safe Victoria, by notice published in the Government Gazette, may declare any acceptance scheme for appliances or any part of the scheme specified in the notice to be authorised for the purposes of this Act.

S. 69 (Heading) inserted by No. 39/2005 s. 52(Sch. 2 item 9).

69 Acceptance of appliance by Energy Safe Victoria

S. 69(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria, on the application of any person, may accept an appliance or class of appliances for the purposes of this Act.

(2) An application must—

(b) contain or be accompanied by the prescribed information; and

(c) be made in accordance with the regulations; and

(d) be accompanied by the relevant prescribed fee.

S. 69(3) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(3) Energy Safe Victoria must notify the applicant in writing of its decision—

(a) to accept an appliance or class of appliances; or

S. 69(3)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) to accept an appliance or class of appliances subject to the conditions specified by Energy Safe Victoria; or

(c) not to accept an appliance or class of appliances.

S. 69(4) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(4) The conditions specified by Energy Safe Victoria in respect of an appliance or class of appliances may include—

S. 69(4)(a) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(a) requirements for the testing of the appliance or appliances in accordance with the regulations by a person or body approved by Energy Safe Victoria; and

(b) requirements for modifications to be made to the appliance or appliances; and

(c) requirements for the affixing of compliance plates to the appliance or appliances in accordance with the regulations.

S. 69(5) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(5) Without limiting subsection (3), Energy Safe Victoria may decide not to accept an application under this section if an acceptance scheme authorised under this Division exists for the appliance.

S. 69(6) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(6) If Energy Safe Victoria decides not to accept an appliance or class of appliance under this section it must notify the applicant in writing of the reasons for the decision.

S. 69(7) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(7) If Energy Safe Victoria accepts an appliance or class of appliance subject to conditions, the acceptance takes effect in respect of an appliance when the conditions are complied with.

S. 69A inserted by No. 91/2000 s. 22.

69A Declaration of non-acceptance of appliance

S. 69A(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria may, by notice published in the Government Gazette, declare that an appliance or class of appliances is no longer accepted for the purposes of this Act.

S. 69A(2) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(2) If a notice under this section relates to a class of appliances, Energy Safe Victoria must also publish that notice in a newspaper circulating generally in the State.

S. 69A(3) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(3) If a notice under this section relates to a particular appliance, Energy Safe Victoria must also notify, in writing, the owner of the appliance or the occupier of the premises in which that appliance is installed of that notice.

S. 69A(4) amended by No. 39/2005 s. 52(Sch. 2 items 1, 2).

(4) Energy Safe Victoria may make a declaration under this section only if it appears to Energy Safe Victoria that the appliance or class of appliances is, or is likely to be, unsafe to use.

(5) On publication of the notice in the Government Gazette, the appliance or class of appliances is, while the notice is in force, deemed as the case requires—

(a) not to be accepted under an acceptance scheme authorised under this Division; or

S. 69A(5)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) not to be accepted by Energy Safe Victoria under this Division.

S. 69B inserted by No. 57/2009 s. 20.

69B Approval of label for Type A appliances

Energy Safe Victoria may, by notice published in the Government Gazette, approve a label for the purposes of section 70(1) or 71(1).

S. 70 amended by No. 91/2000 s. 23 (ILA s. 39B(1)).

70 Offence to install certain Type A appliances

S. 70(1) amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 57/2009 s. 21, amended by No. 13/2025 s. 66(1).

(1) A person must not knowingly install a Type A appliance unless the appliance has—

(a) been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and

(b) an ESV approved label affixed to it.

S. 70(2) inserted by No. 91/2000 s. 23.

(2) Subsection (1) does not apply to a person who installs a Type A appliance of a prescribed class after an application is made for acceptance of the appliance—

S. 70(2)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) by Energy Safe Victoria under this Division.

S. 70(3) inserted by No. 91/2000 s. 23, amended by No. 13/2025 s. 66(2).

(3) A person must not commission for use a Type A appliance that is installed in accordance with subsection (2) unless the appliance has been accepted—

S. 70(3)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) by Energy Safe Victoria under this Division.

S. 71 (Heading) inserted by No. 57/2009 s. 22(1).

S. 71 amended by No. 91/2000 s. 24 (ILA s. 39B(1)).

71 Offence to supply or sell unaccepted or unlabelled appliances

S. 71(1) amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 57/2009 s. 22(2), amended by No. 59/2011 s. 35.

(1) A person must not supply or offer to supply or sell or offer to sell a Type A appliance unless the appliance has—

(a) been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and

(b) an ESV approved label affixed to it.

S. 71(2) inserted by No. 91/2000 s. 24.

(2) Subsection (1) does not apply to a person who supplies or offers to supply or sells or offers to sell a Type A appliance of a class prescribed for the purposes of section 70(2) if an application for acceptance—

S. 71(2)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) by Energy Safe Victoria under this Division—

has been made for that appliance before that appliance is supplied or sold or offered for supply or sale.

S. 71(3) inserted by No. 91/2000 s. 24.

(3) If subsection (2) applies to an appliance, a person must not supply or offer to supply or sell or offer to sell that appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of sections 70 and 72.

S. 71A
inserted by No. 91/2000 s. 25.

71A Offence to sell unsafe appliances

S. 71A(1) amended by No. 13/2025 s. 67.

(1) A person must not knowingly, recklessly or negligently supply or offer to supply or sell or offer to sell an appliance that is unsafe.

(2) Subsection (1) does not apply to a person who—

(a) supplies or offers to supply or sells or offers to sell the appliance to an appliance refurbisher and repairer; and

(b) the person informs the appliance refurbisher and repairer, before the appliance is supplied or sold or offered for supply or sale, that the appliance is unsafe.

(3) In this section—

appliance refurbisher and repairer means a person who carries on the business of repairing, rebuilding or refurbishing appliances.

S. 71B
inserted by No. 91/2000 s. 25, amended by Nos 31/2006 s. 6, 13/2025 s. 68.

71B False labelling in relation to Type A appliances

A person must not, in connection with the supply or possible supply or sale of a Type A appliance, affix or cause to be affixed a label or compliance plate to the appliance that falsely represents that the appliance has been, and continues to be—

(a) accepted under an acceptance scheme authorised under this Division; or

S. 71B(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) accepted by Energy Safe Victoria under this Division.

S. 71C
inserted by No. 91/2000 s. 25.

71C Unsafe modifications to Type A appliances

S. 71C(1) amended by No. 13/2025 s. 69.

(1) A person must not knowingly, recklessly or negligently make a modification to a Type A appliance that would make the appliance unsafe to use if the appliance were used for its intended purpose.

(2) This section does not apply to a temporary modification made by a person in the course of—

(a) a process of manufacture or assembly of an appliance; or

(b) carrying out repair or maintenance work on an appliance; or

(c) rebuilding or refurbishing an appliance—

provided the appliance is safe to use for its intended purpose at the end of the process of manufacture or assembly, the carrying out of the repair or maintenance work or the rebuilding or refurbishment of the appliance (as the case requires).

72 Compliance with prescribed standards and requirements for work on gas installation

(1) A person carrying out gasfitting work must ensure that that work complies with—

(a) the prescribed standards and requirements in relation to that work; or

S. 72(1)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) the standards determined by Energy Safe Victoria under the regulations in relation to that work.

(2) A person carrying out gasfitting work on an appliance or gas installation must ensure that the appliance or gas installation complies with—

(a) the prescribed standards and requirements in relation to that appliance or gas installation; or

S. 72(2)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) the standards determined by Energy Safe Victoria under the regulations in relation to that work.

S. 72(3) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(3) A person may apply to Energy Safe Victoria in accordance with the regulations for an exemption from all or any of the standards or requirements referred to in this section.

S. 72(4) amended by No. 39/2005 s. 52(Sch. 2 item 10(a)(b)).

(4) Energy Safe Victoria may grant the exemption if it is satisfied that—

(a) compliance with the standard or requirement does not warrant the cost of compliance; and

(b) the degree of safety attained by other means is acceptable.

(5) An exemption may be granted on such conditions as are specified in the exemption.

S. 72(6) amended by No. 13/2025 s. 70.

(6) A person to whom an exemption applies must comply with any conditions specified in the exemption.

73 Acceptance of gas installation

S. 73(1) substituted by No. 91/1998 s. 28(1), amended by Nos 39/2005 s. 52(Sch. 2 item 2), 13/2025 s. 71.

(1) A person who carries out work on a complex gas installation or on a standard gas installation of a prescribed class must apply to Energy Safe Victoria for acceptance of the gas installation before the gas installation is commissioned.

(2) An application must—

(b) contain or be accompanied by the prescribed information; and

(c) contain or be accompanied by a statement of compliance in the prescribed form made and signed by a prescribed person or a person in a prescribed class of persons; and

(d) be made in accordance with the regulations; and

(e) be accompanied by the relevant prescribed fee.

S. 73(3) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(3) Energy Safe Victoria must notify the applicant in writing of its decision—

(a) to accept the gas installation; or

S. 73(3)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) to accept the gas installation subject to the conditions specified by Energy Safe Victoria; or

(c) not to accept the gas installation.

S. 73(4) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(4) The conditions specified by Energy Safe Victoria in respect of a gas installation may include—

S. 73(4)(a) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(a) requirements for the testing of the gas installation in accordance with the regulations by a person or body approved by Energy Safe Victoria; and

(b) requirements for modifications to be made to the gas installation; and

S. 73(4)(c) amended by No. 91/1998 s. 28(2).

(c) requirements for the affixing of compliance plates to the gas installation or to any appliance forming part of the gas installation in accordance with the regulations.

S. 73(5) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(5) If Energy Safe Victoria decides not to accept a gas installation under this section it must notify the applicant in writing of the reasons for the decision.

S. 73(6) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(6) If Energy Safe Victoria accepts a gas installation subject to certain conditions, the acceptance takes effect when the conditions are complied with.

(7) This section does not apply to a gas installation if an accepted safety case applies in relation to the gas installation.

(8) This section does not apply to repair or maintenance work on a gas installation.

S. 73(9) inserted by No. 91/1998 s. 28(3).

(9) In this section gas installation includes part of a gas installation.

S. 74 amended by No. 13/2025 s. 72.

74 Offence to use Type B appliance

Except in the prescribed circumstances, a person must not use a Type B appliance unless the gas installation of which that appliance forms part—

S. 74(a) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(a) has been accepted by Energy Safe Victoria in accordance with this Division; or

(b) has been installed in accordance with an accepted safety case.

Penalty: In the case of a natural person, 100 penalty units;

In the case of a body corporate, 500 penalty units.

S. 75 amended by No. 13/2025 s. 73.

75 Offence to supply or sell certain appliances without giving required information

If section 74 applies to a Type B appliance, a person must not supply or offer to supply or sell or offer to sell a Type B appliance unless the person first informs the person to whom the supply or sale or offer is to be made of the requirements of section 74.

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

S. 76 substituted by No. 91/2000 s. 26.

76 Prohibition of supply or sale of gas installations, appliances and components

S. 76(1) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(1) Energy Safe Victoria, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply or sale of—

(a) a gas installation or gas installations of a specified class; or

(b) an appliance or appliances of a specified class; or

(c) a component or components of a specified class.

(2) A prohibition under subsection (1) operates from the date of publication of the notice in the Government Gazette or from such later date as is specified in that notice.

S. 76(3) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(3) Energy Safe Victoria, by notice in writing given to a person, may prohibit that person from supplying or selling—

(a) a gas installation or gas installations of a specified class; or

(b) an appliance or appliances of a specified class; or

(c) a component or components of a specified class.

(4) A notice given under subsection (3) operates from the date of the notice or such later date as is specified in that notice.

S. 76(5) amended by No. 39/2005 s. 52(Sch. 2 items 1, 2).

(5) Energy Safe Victoria may exercise a power of prohibition under this section only if it appears to Energy Safe Victoria that—

(a) the gas installation, appliance or component, or a gas installation, appliance or component of that class is, or is likely to become, by reason of its design or construction, unsafe to use; and

(b) prohibition of the supply or sale of the gas installation, appliance or component, or of all gas installations, appliances or components of that class, is warranted because of the risk of death or injury to any person or damage to any property arising out of the use of that gas installation, appliance or component or gas installations, appliances or components of that class.

S. 76(6) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(6) Energy Safe Victoria may withdraw a prohibition made under subsection (1) by notice published in the Government Gazette and in a newspaper circulating generally in the State.

S. 76(7) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(7) Energy Safe Victoria may withdraw a prohibition made under subsection (3) by notice given to the person to whom the prohibition was given.

S. 76(8) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(8) This section applies whether or not the gas installation, appliance or component, or class of gas installations, appliances or components was accepted by Energy Safe Victoria or accepted under an acceptance scheme authorised under this Division.

77 Offence to disobey prohibition

S. 77(1) amended by No. 13/2025 s. 74(1).

(1) A person must not, while a prohibition under section 76(1) remains in force, do anything prohibited by that prohibition.

S. 77(2) amended by Nos 91/2000 s. 27, 13/2025 s. 74(2).

(2) A person must not, while a prohibition under section 76(3) remains in force, do anything prohibited by that prohibition.

S. 78
substituted by No. 91/2000 s. 28.

78 Recall of gas installations, appliances or components

S. 78(1) amended by No. 39/2005 s. 52(Sch. 2 items 1, 2).

(1) Energy Safe Victoria may make a requirement under this section only if it appears to Energy Safe Victoria that—

(a) a gas installation, appliance or component is, or is likely to become, by reason of its design or construction, unsafe to use; or

(b) specific action is necessary—

S. 78(1)(b)(i) amended by No. 1/2017 s. 14(1)(a).

(i) to make a gas installation, appliance or component, or gas installations, appliances or components of a particular class, safe to use; or

S. 78(1)(b)(ii) amended by No. 1/2017 s. 14(1)(b).

(ii) to render safe the use of a gas installation, appliance or component, or gas installations, appliances or components of a particular class; or

S. 78(1)(c) inserted by No. 1/2017 s. 14(1)(c).

(c) a gas appliance does not comply with the standard that the gas appliance was certified as complying with under an acceptance scheme authorised under this Division.

S. 78(2) amended by No. 39/2005 s. 52(Sch. 2 item 1), substituted by No. 1/2017 s. 14(2).

(2) Energy Safe Victoria, by written notice served on a person to whom this section applies, may require the person to take, within the period specified in the notice, the action specified in the notice in relation to the particular gas installation, appliance or component specified in the notice or a particular class of gas installations, appliances or components specified in the notice.

S. 78(2A) inserted by No. 1/2017 s. 14(2).

(2A) This section applies to a person—

(a) who supplies or has supplied gas installations, appliances or components in the course of the person's business; and

(b) who has supplied or sold—

(i) the particular gas installation, appliance or component specified in the notice; or

(ii) gas installations, appliances or components of a particular class specified in the notice.

Example

Company A was in the business of supplying gas installations, appliances and components. Company A then ceased supplying gas installations, appliances and components. Energy Safe Victoria may issue a notice to Company A under this section in respect of gas installations, appliances and components it supplied in the course of its business.

S. 78(3) amended by No. 1/2017 s. 14(3)(a).

(3) The action specified in the notice may consist of or include any of the following actions in relation to the particular gas installation, appliance or component specified in the notice, or gas installations, appliances or components of a particular class specified in the notice—

(a) sending a written request to the person to whom the gas installation, appliance or component, or a gas installation, appliance or component of the same class, was supplied or sold—

(i) to return the gas installation, appliance or component to the place at which it was supplied or sold; or

(ii) if it is not practicable to return the gas installation, appliance or component, to contact the person who supplied or sold the gas installation, appliance or component;

S. 78(3)(b) amended by No. 39/2005 s. 52(Sch. 2 item 11).

(b) placing an advertisement requesting all persons to whom a gas installation, appliance or component of that class was supplied or sold—

(i) to return the gas installation appliance or component to the place at which it was supplied or sold; or

(ii) if it is not practicable to return the gas installation, appliance or component, to contact the person who supplied or sold the gas installation, appliance or component;

S. 78(3)(c) amended by No. 1/2017 s. 14(3)(b).

(c) making the gas installation, appliance or component, or gas installations, appliances or components of that class safe to use or rendering safe the use of that gas installation, appliance or component in the manner specified in the notice;

S. 78(3)(d) inserted by No. 1/2017 s. 14(3)(c).

(d) carrying out inspections and tests on—

S. 78(3)(e) inserted by No. 1/2017 s. 14(3)(c).

(e) rectifying—

(i) that gas installation, appliance or component so it complies with a specified standard; or

(ii) gas installations, appliances or components of that class so they comply with a specified standard;

S. 78(3)(f) inserted by No. 1/2017 s. 14(3)(c).

(f) repairing or replacing—

S. 78(3)(g) inserted by No. 1/2017 s. 14(3)(c).

(g) arranging for the disconnection from the supply of gas of—

S. 78(3)(h) inserted by No. 1/2017 s. 14(3)(c).

(h) modifying premises on which—

(i) that gas installation, appliance or component is used or installed so it is safe to use; or

(ii) gas installations, appliances or components of that class are used or installed so they are safe to use;

S. 78(3)(i) inserted by No. 1/2017 s. 14(3)(c).

(i) affixing warning labels to—

(ii) gas installations, appliances or components of that class; or

(iii) the premises on which—

(A) that gas installation, appliance or component is used or installed; or

(B) gas installations, appliances or components of that class are used or installed;

S. 78(3)(j) inserted by No. 1/2017 s. 14(3)(c).

(j) giving specified information to owners of premises on which—

(i) that gas installation, appliance or component is used or installed; or

(ii) gas installations, appliances or components of that class are used or installed;

S. 78(3)(k) inserted by No. 1/2017 s. 14(3)(c).

(k) giving specified information to occupiers of premises on which—

(i) that gas installation, appliance or component is used or installed; or

(ii) gas installations, appliances or components of that class are used or installed;

S. 78(3)(l) inserted by No. 1/2017 s. 14(3)(c).

(l) placing an advertisement containing specified information in a specified publication that is not a newspaper;

S. 78(3)(m) inserted by No. 1/2017 s. 14(3)(c).

(m) publishing specified information on the person's Internet site.

S. 78(3A) inserted by No. 39/2005 s. 52(Sch. 2 item 12).

(3A) An advertisement referred to in subsection (3)(b) must be—

(a) in a form approved by Energy Safe Victoria; and

(b) placed in a newspaper or newspapers—

(i) specified by Energy Safe Victoria; and

(ii) for a period or periods specified by Energy Safe Victoria.

S. 78(4) amended by No. 39/2005 s. 52(Sch. 2 item 1).

(4) Energy Safe Victoria may alter or revoke a requirement under this section by notice given to the person of whom the requirement was made.

S. 78(5) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(5) This section applies whether or not the gas installation, appliance or component or class of gas installations, appliances or components was accepted by Energy Safe Victoria or accepted under an acceptance scheme authorised under this Division.

S. 78(6) inserted by No. 1/2017 s. 14(4).

(6) A person who is required to take action specified in a notice under this section must pay the cost of taking that action.

S. 78(7) inserted by No. 1/2017 s. 14(4).

(7) A requirement specified in a notice served on a person under this section does not have effect to the extent that it is inconsistent with a requirement for the person to take action specified in a recall notice issued under Division 3 of Part 3-3 of the Australian Consumer Law (Victoria).

S. 79 amended by No. 1/2017 s. 15 (ILA s. 39B(1)).

79 Offence to fail to comply with requirement

(1) A person of whom a requirement is made under section 78 must comply with that requirement.

1. In the case of a natural person, 200 penalty units or 2 years imprisonment or both;

S. 79(2) inserted by No. 1/2017 s. 15.

(2) A person required to give specified information to an owner or occupier under section 78(3)(j) or (k) does not commit an offence against subsection (1) if the person—

(a) did not know the identity or location of the owner or occupier; and

(b) made reasonable inquiries to identify or locate the owner or occupier for the purpose of giving the owner or occupier the specified information; and

(c) could not identify or locate the owner or occupier after making reasonable inquiries.

Pt 3 Div. 6 (Heading) inserted by No. 91/2000 s. 29.

Division 6—Further offences relating to gas safety

S. 79A inserted by No. 91/1998 s. 29, substituted by No. 91/2000 s. 29.

79A Supply or sale of certain types of liquefied petroleum gas

S. 79A(1) amended by No. 13/2025 s. 75.

(1) A person, other than a gas company, must not knowingly supply or offer to supply or sell or offer to sell any type of liquefied petroleum gas for use in an appliance unless—

(a) that gas meets the prescribed standards of quality; and

(b) the appliance is designed to be operated on that type of gas; and

(c) the person complies with the prescribed requirements in relation to the supply or sale of that gas.

(2) This section does not apply to a prescribed appliance or class of appliances.

S. 79B inserted by No. 91/2000 s. 29.

79B Interference with gas company pipelines

A person must not carry out any excavation or boring or open any ground so as to uncover or expose any pipeline owned or operated by a gas company unless—

(a) the person has the authority of that gas company to do so; or

(b) if notice of the person's intention to do so is required to be given to that gas company under the regulations, the person gives that notice.

1. In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

S. 79C inserted by No. 91/2000 s. 29.

79C Interference with transmission pipelines

(1) A person must not carry out any excavation or boring or open any ground within 3 metres of a transmission pipeline unless—

(a) the person has the authority of the gas company which owns or operates the transmission pipeline to do so; or

(b) if notice of the person's intention to do so is required to be given to that gas company under the regulations, the person gives that notice.

1. In the case of a natural person, 20 penalty units;

In the case of a body corporate, 100 penalty units.

(2) This section does not apply to—

(a) an owner or occupier of any land on or under which the transmission pipeline is situated or passes if the owner or occupier excavates or bores or opens ground to a depth of not more than 300 millimetres in that land; or

(b) a person who, on behalf of an owner or occupier of any land on or under which the transmission pipeline is situated or passes, excavates or bores or opens ground to a depth of not more than 300 millimetres in that land.

S. 79D inserted by No. 91/2000 s. 29.

79D Interference with pipeline, gas installation or meter assembly

S. 79D(1) amended by No. 13/2025 s. 76.

(1) A person must not knowingly, recklessly or negligently break, injure, open or tamper with any pipeline, gas installation or meter assembly.

(2) This section does not apply to any person lawfully carrying out gas work in respect of the pipeline, gas installation or meter assembly.

S. 79DA inserted by No. 35/2013 s. 15.

79DA Safety of gas installations—building work

S. 79DA(1) amended by No. 13/2025 s. 77.

(1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make—

(a) a gas installation at the premises unsafe; or

(b) a building at the premises unsafe if that premises is supplied with gas.

building work has the same meaning as in the Building Act 1993.

Pt 3A (Heading and ss 79E, 79F) inserted by No. 91/2000 s. 30.

Part 3A—Energy efficiency

S. 79E
inserted by No. 91/2000 s. 30.

79E Proclaimed gas equipment

The Governor in Council, by Order published in the Government Gazette, may declare that any class, description or type of gas installation, appliance or component is, from a date specified in the Order, proclaimed gas equipment for the purposes of this Part.

S. 79F
inserted by No. 91/2000 s. 30, amended by No. 13/2025 s. 78.

79F Proclaimed gas equipment not to be supplied unless registered and labelled

A person must not, after the date specified in the Order, supply or offer to supply proclaimed gas equipment unless the equipment is registered and labelled in accordance with the regulations relating to energy efficiency.

Pt 4 (Heading and ss 80–85) amended by No. 91/2000 s. 31(a)(b), substituted as Pt 4 (Heading and s. 80) by No. 24/2002 s. 13.

Part 4—Rights of review

S. 80 substituted by No. 24/2002 s. 13.

80 Applications to review

S. 80(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) A person who is aggrieved by a decision of Energy Safe Victoria set out in subsection (2) may apply to the Tribunal for review of the decision.

(2) An application for review may be made to the Tribunal in relation to the following—

(a) a decision under section 65 not to approve a person to carry out upstream gas work;

(b) a decision under section 65 to cancel or suspend an approval given under that section;

(c) a refusal under section 69 to accept an appliance;

(d) a declaration under section 69A that an appliance or class of appliances is no longer accepted;

(e) a refusal under section 73 to accept a gas installation;

(f) a condition on an acceptance under section 69 or 73;

(g) a prohibition under section 76;

(h) a requirement under section 78.

(3) A person to whom an improvement notice or prohibition notice is issued under Part 6 may apply to the Tribunal for review of either or both of the following—

(a) the decision to issue the notice;

(b) any requirement contained in the notice.

(4) An application for review under subsection (3) must be made within 7 days after the later of—

(a) the day on which the improvement notice or the prohibition notice (as the case requires) is received by the person making the application; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed, under section 46(5) of that Act that a statement of reasons will not be given.

(5) Any other application for review under this section must be made within 28 days after the later of—

(a) the day on which notice of the decision is received by the person; or

(b) if, under section 45 of the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed, under section 46(5) of that Act that a statement of reasons will not be given.

Ss 81–85 repealed by No. 24/2002 s. 13.

Part 5—Inspection

Pt 5 Div. 1 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 3).

Division 1—Appointment of authorised officers

S. 86 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 4).

86 Authorised officers

S. 86(1) substituted by No. 39/1999 s. 32(1), amended by Nos 32/2001 s. 34(2), 39/2005 s. 52(Sch. 2 item 2), 4/2020 s. 34(1), 13/2025 s. 82(Sch. 2 item 5).

(1) The Chairperson of Energy Safe Victoria may appoint an officer or employee of Energy Safe Victoria or an agent or contractor of Energy Safe Victoria to be an authorised officer for the purposes of this Act and the Gas Industry Act 2001.

S. 86(2) amended by Nos 39/1999 s. 32(2)(a), 4/2020 s. 34(2), 13/2025 s. 82(Sch. 2 item 5).

(2) The Chairperson of Energy Safe Victoria must give an identity card to each person who is appointed an authorised officer.

(3) The identity card—

S. 86(3)(a) amended by No. 4/2020 s. 34(2).

(a) must be signed by the Chairperson of Energy Safe Victoria; and

S. 86(3)(b) amended by Nos 39/1999 s. 32(2)(b), 13/2025 s. 82(Sch. 2 item 5).

(b) bear a photograph and the signature of the authorised officer.

S. 86(4) amended by No. 39/1999 s. 32(2)(c), substituted by No. 91/2000 s. 32, amended by Nos 4/2020 s. 34(3), 13/2025 s. 82(Sch. 2 item 5).

(4) An authorised officer must produce their identity card for inspection—

S. 86(4)(a) amended by No. 32/2001 s. 34(3).

(a) before performing a function under this Act or the Gas Industry Act 2001; and

S. 86(4)(b) amended by No. 32/2001 s. 34(3).

(b) at any time during the performance of a function under this Act or the Gas Industry Act 2001, if asked to do so.

1. 10 penalty units.

S. 86(5) substituted by No. 39/1999 s. 32(3), amended by Nos 39/2005 s. 52(Sch. 2 item 2), 4/2020 s. 34(4), 13/2025 s. 82(Sch. 2 item 5).

(5) The Chairperson of Energy Safe Victoria must not appoint an agent or contractor of Energy Safe Victoria to be an authorised officer unless satisfied that the agent or contractor—

S. 86(5)(a) amended by No. 13/2025 s. 82(Sch. 2 item 5).

(a) is competent to exercise the functions of an authorised officer; and

(b) is of good repute, having regard to character, honesty and integrity; and

S. 86(5)(c) amended by Nos 39/2005 s. 52(Sch. 2 item 2), 13/2025 s. 82(Sch. 2 item 5).

(c) agrees in writing to carry out the functions of an authorised officer in accordance with such criteria as are established from time to time by Energy Safe Victoria.

Division 2—Powers of entry—general

S. 87 (Heading) inserted by No. 13/2025 s. 54(1).

87 Powers of entry—compliance

S. 87(1) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(1) An authorised officer may exercise powers under this section only to the extent that is reasonably necessary to do so for the purpose of—

(a) investigating a gas incident; or

S. 87(1)(b) amended by No. 91/2000 s. 33(1).

(b) determining compliance with a safety case; or

S. 87(1)(c) inserted by No. 91/2000 s. 33(1).

(c) monitoring the safety of gas installations; or

S. 87(1)(d) inserted by No. 91/2000 s. 33(1).

(d) determining compliance with this Act or the regulations.

S. 87(1A) inserted by No. 91/2000 s. 33(2), amended by No. 39/2005 s. 52(Sch. 2 item 2), repealed by No. 13/2025 s. 54(2).

S. 87(2) amended by Nos 91/2000 s. 33(3), 13/2025 s. 82(Sch. 2 item 6).

(2) Subject to subsection (2A), an authorised officer may enter any residence or the land on which a residence is situated if—

S. 87(2)(a) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(a) the authorised officer gives the occupier not less than 24 hours notice, or such other notice as may be agreed with the occupier, before the authorised officer enters the land or residence; and

(b) the occupier consents in writing to that entry; and

(c) the entry occurs only between 8 a.m. and 6 p.m., unless the occupier consents in writing to entry outside those hours.

S. 87(2A) inserted by No. 91/2000 s. 33(4), amended by No. 13/2025 ss 54(3), 82(Sch. 2 item 6).

(2A) An authorised officer may not, for a purpose set out in subsection (1)(c), enter—

(a) a residence; or

(b) land (other than land that is used for a commercial or industrial purpose) on which a residence is situated.

S. 87(3) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(3) An authorised officer may enter any other land or premises during normal business hours.

S. 87(4) amended by No. 13/2025 s. 82(Sch. 2 item 6).

(4) In carrying out an inspection under this section, an authorised officer must—

(a) cause as little harm and inconvenience or damage as possible; and

(b) not remain on the land or premises any longer than is reasonably necessary; and

(c) leave the land or premises as nearly as possible in the same condition as it was found prior to the inspection being carried out.

S. 87(5) amended by No. 13/2025 s. 82(Sch. 2 item 7).

(5) An authorised officer may not exercise any powers under this section if the authorised officer fails to produce, on request, the authorised officer's identity card for inspection by the occupier of the land or premises.

S. 87(6) inserted by No. 91/2000 s. 33(5), amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 13/2025 s. 54(4).

(6) If an authorised officer exercises a power of entry under this section, the authorised officer must—

(a) on leaving the land or premises, leave a notice setting out—

(i) the time of entry; and

(ii) the purpose of entry; and

(iii) a description of all things done while on the land or premises; and

(iv) the time of departure; and

(v) the procedure for contacting Energy Safe Victoria for further details of the entry; or

(b) email a copy of the notice as soon as practicable after exercising the power of entry—

(i) to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and

(ii) to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.

88 Occupier to be given copy of consent

S. 88(1) amended by No. 13/2025 s. 82(Sch. 2 item 8).

(1) An occupier who consents in writing to entry of the occupier's residence or the land on which the residence is situated under section 87 must be given a copy of the signed consent immediately.

(2) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry under section 87.

89 Emergency access

S. 89(1) amended by No. 13/2025 s. 82(Sch. 2 item 9).

(1) An authorised officer may enter any land or premises at any time in an emergency if there is a threat to the safety of persons or property arising from a situation relating to gas.

S. 89(2) amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 13/2025 s. 55.

(2) If an authorised officer exercises a power of entry under this section, without the owner or occupier being present, the authorised officer must on leaving the land or premises, leave a notice setting out—

(a) the time of entry; and

(b) the purpose of entry; and

(c) a description of all things done while on the land or premises; and

(d) the time of departure; and

(e) the procedure for contacting Energy Safe Victoria for further details of the entry.

S. 89(3) inserted by No. 13/2025 s. 55.

(3) If an authorised officer exercises a power of entry under this section and the owner or occupier is present, the authorised officer must—

(a) leave a notice that includes the details set out in subsection (2) on leaving the land or premises; or

(b) email a copy of that notice as soon as practicable after exercising the power of entry—

(i) to the owner of the land or premises, if the identity and email address of that owner are known to the authorised officer; and

(ii) to the occupier of the land or premises, if the identity and email address of that occupier are known to the authorised officer.

90 Powers on entry

S. 90(1) amended by No. 13/2025 s. 82(Sch. 2 item 10).

(1) On exercising a power of entry under this Division, an authorised officer may for the purpose for which the power of entry was exercised—

(a) search the land or premises and anything found at the land or premises;

(b) inspect and take photographs (including video recordings), or make sketches, of the land or premises or anything on the land or at the premises;

(c) inspect, and make copies of, or take extracts from, any document kept on the land or at the premises;

S. 90(1)(d) amended by No. 13/2025 s. 82(Sch. 2 item 10).

(d) seize anything on the land or at the premises the authorised officer believes on reasonable grounds that it is necessary to seize in order to prevent its concealment, loss or destruction;

S. 90(1)(e) amended by No. 13/2025 s. 82(Sch. 2 item 10).

(e) examine, test and, if necessary, disconnect, seize and remove or otherwise make safe any appliance, gas installation, gas pipe, gas fitting, apparatus or equipment that the authorised officer considers unsafe or does not comply with this Act or the regulations or was involved in a gas incident.

S. 90(2) amended by No. 13/2025 s. 82(Sch. 2 item 10).

(2) If an authorised officer is unable to ascertain the identity of the owner or custodian of anything seized, the authorised officer must—

(a) leave a receipt with, or post it to, the owner of the land or premises from which the thing was seized; and

(b) if a document is seized, leave a copy of the document, if practicable, with, or post it to, the owner of the land or premises from which the document was seized.

91 Return of things seized

S. 91(1) amended by No. 13/2025 s. 82(Sch. 2 item 11).

(1) If an authorised officer seizes a thing under section 90, the authorised officer must take reasonable steps to return the thing to the person from whom it was seized if the reason for its seizure no longer exists.

S. 91(2) amended by Nos 22/2023 s. 56, 13/2025 s. 82(Sch. 2 item 11).

(2) If the thing has not been returned within 60 days after it is seized, the authorised officer must take reasonable steps to return it unless—

(a) proceedings have commenced and those proceedings (including any appeal) have not been completed; or

S. 91(2)(b) amended by No. 22/2023 s. 56.

(b) a court makes an order under section 92 extending the period of 60 days.

92 Magistrates' Court may extend period

S. 92(1) amended by No. 13/2025 s. 82(Sch. 2 item 12).

(1) An authorised officer may apply to the Magistrates' Court before the expiration of the period referred to in section 90 or within a period extended by the Court under this section for an extension of that period.

(2) The Magistrates' Court may order such an extension if satisfied that retention of the thing is necessary—

(a) for the purposes of an investigation into whether an offence has been committed; or

(b) to enable evidence of an offence to be obtained for the purposes of a prosecution.

(3) The Court may adjourn an application to enable notice of the application to be given to any person.

S. 93 (Heading) amended by No. 4/2020 s. 35(1).

S. 93 substituted by No. 24/2002 s. 14.

93 Entry to be reported to Energy Safe Victoria

S. 93(1) amended by Nos 4/2020 s. 35(2), 13/2025 ss 56, 82(Sch. 2 item 13).

(1) If an authorised officer exercises a power of entry under this Division or section 95A, the authorised officer must report the exercise of the power to Energy Safe Victoria as soon as practicable after the exercise of the power of entry.

(2) The report must be in writing and include all relevant details of the entry including the following—

S. 93(2)(a) amended by No. 13/2025 s. 82(Sch. 2 item 13).

(a) the full name of the authorised officer; and

(b) the time of the entry; and

(c) the address of the land or premises entered; and

(d) the purpose of the entry; and

(e) a description of all things done while on the land or premises, including photographs or video recordings taken, and details of items inspected, examined or tested, and details of items seized or removed, copies made and extracts taken; and

(f) the time of departure from the land or premises.

S. 93(3) amended by No. 4/2020 s. 35(3).

(3) Energy Safe Victoria must keep a register containing the particulars of all matters reported to Energy Safe Victoria under this section.

S. 93(4) substituted by No. 4/2020 s. 35(4).

(4) Energy Safe Victoria must keep, as part of that register, the register sent under clause 6(1)(a) of Schedule 1.

Division 3—Powers of entry—enforcement

94 Powers of entry—enforcement

S. 94(1) amended by No. 13/2025 s. 82(Sch. 2 item 14).

(1) If an authorised officer has reasonable grounds for suspecting that there is on any land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations, the authorised officer may—

(a) enter the land or premises; and

S. 94(1)(b) amended by No. 59/2011 s. 36(1).

(b) search for and seize the thing.

S. 94(2) amended by Nos 59/2011 s. 36(2), 13/2025 s. 82(Sch. 2 item 14).

(2) An authorised officer must not enter and search land or premises or seize any thing under this Division except—

(a) with the written consent of the occupier of the land or premises; or

(b) under the authority of a search warrant.

S. 94(3) inserted by No. 59/2011 s. 36(3), amended by No. 13/2025 s. 82(Sch. 2 item 15).

(3) Before the occupier consents to entry and search of the occupier's residence under this section, the authorised officer must inform the occupier—

(a) of the purpose of the search; and

(b) that the occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(c) that anything seized during the search with the consent of the occupier may be used in evidence in proceedings.

S. 94(4) inserted by No. 59/2011 s. 36(3), amended by No. 13/2025 s. 82(Sch. 2 item 16(a)).

(4) If the occupier consents to entry and search, the authorised officer must ask the occupier to sign an acknowledgement stating—

(a) that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and

S. 94(4)(b) amended by No. 13/2025 s. 82(Sch. 2 item 16(b)).

(b) that the occupier has been informed that the occupier may refuse to give consent to the entry and search or to the seizure of anything; and

(c) that the occupier has consented to such an entry and search.

S. 94(5) inserted by No. 59/2011 s. 36(3), amended by No. 13/2025 s. 82(Sch. 2 item 17).

(5) If the occupier consents to the seizure of any thing during a search under this section, the authorised officer must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.

S. 95 substituted by No. 59/2011 s. 37.

95 Occupier to be given copy of acknowledgement

(1) An occupier who signs an acknowledgement under section 94 must be given a copy of the signed acknowledgement immediately.

(2) If, in any proceeding, an acknowledgement is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of the thing.

S. 95A inserted by No. 13/2025 s. 57.

95A Warrant for entry of land or premises if risk to persons or property

(1) An authorised officer may apply to a magistrate for the issue of a warrant to enter any land or premises (including residential premises) if the authorised officer suspects on reasonable grounds that—

(a) there is a risk to the safety of any person arising from a situation relating to gas; or

(b) there is a risk of significant damage to property arising from a situation relating to gas; or

(c) a person is not complying, or has not complied, with a direction of the Chairperson under section 106 or 107, and that non‑compliance with the direction may cause—

(i) a risk to the safety of any person; or

(ii) a risk of significant damage to property.

(2) The magistrate may issue a warrant under subsection (1) if the magistrate is satisfied that—

(a) by the evidence, on oath or by affirmation—

(i) there are reasonable grounds to suspect the matters set out in subsection (1)(a) or (b) and that entry is necessary to enable Energy Safe Victoria to use any of its powers under this Act to address the risk or to take immediate steps to make the situation safe; or

(ii) there are reasonable grounds to suspect the matters set out in subsection (1)(c); and

(b) entry is warranted in all the circumstances.

(3) A warrant issued under subsection (2) may authorise an authorised officer named in the warrant to enter the land or premises and exercise any power referred to in section 90(1) in relation to the land or premises.

(4) A warrant issued under subsection (2) must state—

(a) the purpose for which the warrant is required; and

(b) the land or premises that may be entered; and

(c) any conditions to which the warrant is subject; and

(d) whether entry is authorised to be made at any time, or during specified hours, of the day or night; and

(e) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

96 Search warrant

S. 96(1) amended by No. 13/2025 s. 82(Sch. 2 item 18).

(1) An authorised officer may apply to a magistrate for the issue of a search warrant in relation to particular land or premises if the authorised officer believes on reasonable grounds that there is, or may be within the next 72 hours, on the land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.

S. 96(2) amended by No. 6/2018 s. 68(Sch. 2 item 61).

(2) A magistrate may issue a search warrant under this section if the magistrate is satisfied by evidence on oath or by affirmation, whether oral or by affidavit, that there are reasonable grounds for suspecting that there is, or may be within the next 72 hours, on land or premises a particular thing that may be evidence of the commission of an offence against this Act or the regulations.

S. 96(3) amended by No. 13/2025 s. 82(Sch. 2 item 18).

(3) The search warrant may authorise an authorised officer named in the warrant and any assistants the authorised officer considers necessary—

(a) to enter the land or premises, or part of the land or premises, named or described in the warrant; and

S. 96(3)(b) amended by No. 59/2011 s. 38.

(b) to search for and seize the thing named or described in the warrant.

(4) In addition to any other requirement, a search warrant issued under this section must state—

(a) the offence suspected; and

(b) the land or premises to be searched; and

(c) a description of the thing for which the search is to be made; and

(d) any conditions to which the warrant is subject; and

(e) whether entry is authorised to be made at any time or during stated hours; and

(f) a day, not later than 7 days after the issue of the warrant, on which the warrant ceases to have effect.

(5) A search warrant must be issued in accordance with the Magistrates' Court Act 1989 and in the form prescribed under that Act.

(6) The rules to be observed with respect to search warrants mentioned in the Magistrates' Court Act 1989 extend and apply to warrants under this section.

97 Announcement before entry

S. 97(1) amended by No. 13/2025 ss 58, 82(Sch. 2 item 19(a)).

(1) Before executing a warrant under section 95A or a search warrant, the authorised officer named in the warrant or a person assisting the authorised officer named in the warrant must—

S. 97(1)(a) amended by No. 13/2025 s. 82(Sch. 2 item 19(b)).

(a) announce that the authorised officer or person assisting the authorised officer is authorised by the warrant to enter the land or premises; and

(b) give any person at the land or premises an opportunity to allow entry to the land or premises.

S. 97(2) amended by No. 13/2025 s. 82(Sch. 2 item 20).

(2) The authorised officer or a person assisting the authorised officer need not comply with subsection (1) if the authorised officer or person assisting the authorised officer believes on reasonable grounds that immediate entry to the land or premises is required to ensure—

(a) the safety of any person; or

(b) that the effective execution of the warrant is not frustrated.

S. 98 amended by No. 13/2025 ss 59, 82(Sch. 2 item 21(a)).

98 Copy of warrant to be given to occupier

If the occupier or another person who apparently represents the occupier is present at the land or premises when a warrant under section 95A or a search warrant is being executed, the authorised officer must—

S. 98(a) amended by No. 13/2025 s. 82(Sch. 2 item 21(b)).

(a) identify themselves to that person by producing their identity card for inspection by that person; and

(b) give to that person a copy of the execution copy of the warrant.

Division 4—General

S. 99 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 22).

99 Power of authorised officer to require information or documents

S. 99(1) amended by No. 13/2025 s. 82(Sch. 2 item 23).

(1) An authorised officer may exercise powers under this section only to the extent that it is reasonably necessary to do so for the purpose of—

(a) investigating a gas incident; or

(b) investigating an emergency where there is a threat to the safety of persons or property arising from a situation relating to gas; or

S. 99(1)(c) amended by No. 31/2006 s. 7(1).

(c) determining compliance with a safety case; or

S. 99(1)(d) inserted by No. 31/2006 s. 7(2).

(d) determining compliance with this Act or the regulations.

S. 99(1A) inserted by No. 31/2006 s. 7(3), repealed by No. 13/2025 s. 60.

S. 99(2) amended by No. 13/2025 s. 82(Sch. 2 item 23).

(2) An authorised officer may require a person to give information to the authorised officer, to produce documents to the authorised officer and to give reasonable assistance to the authorised officer.

S. 99(3) amended by No. 31/2006 s. 7(4).

(3) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (2) for a purpose set out in subsection (1)(a), (1)(b) or (1)(c).

S. 99(4) inserted by No. 31/2006 s. 7(5).

(4) A person must not refuse or fail, without reasonable excuse, to comply with a requirement made under subsection (2) for the purpose of determining compliance with this Act or the regulations.

S. 100 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 24).

100 Offence to give false information to authorised officer

A person must not—

S. 100(a) amended by No. 13/2025 s. 82(Sch. 2 item 25).

(a) give information to an authorised officer under this Part that the person knows to be false or misleading in a material particular; or

S. 100(b) amended by No. 13/2025 s. 82(Sch. 2 item 25).

(b) produce a document to an authorised officer under this Part that the person knows to be false or misleading in a material particular without indicating the respect in which it is false or misleading and, if practicable, providing correct information.

S. 101 amended by No. 13/2025 s. 82(Sch. 2 item 26).

101 Copying of documents

If a person produces a document to an authorised officer in accordance with a requirement under section 99, the authorised officer may make copies of, or take extracts from, the document.

102 Protection against self-incrimination

A natural person may refuse or fail to give information, produce a document or do any other thing that the person is required to do by or under this Part if the giving of the information, the production of the document or the doing of that other thing would tend to incriminate the person.

S. 103 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 27).

S. 103 amended by Nos 39/1999 s. 32(4), 32/2001 s. 34(4), 13/2025 s. 82(Sch. 2 item 28).

103 Offence to obstruct authorised officer

A person must not without reasonable excuse obstruct or hinder an authorised officer exercising functions under this Act or the Gas Industry Act 2001.

1. In the case of a natural person, 300 penalty units or 3 years imprisonment or both;

S. 103A inserted by No. 13/2025 s. 61.

103A Persons assisting authorised officer

(1) An authorised officer may request the assistance of any person for the purpose of an entry to land or premises under this Part and exercising any power under this Part in relation to that entry.

(2) The occupier or person in management or control of the land or premises must not, without reasonable excuse, refuse to allow the person assisting an authorised officer access to the land or premises.

(3) The occupier or person in management or control of the land or premises must not, without reasonable excuse, obstruct or hinder the person assisting an authorised officer.

(4) If an authorised officer uses the assistance of an interpreter—

(a) an enquiry or request made by the interpreter on the authorised officer's behalf is taken to be made by the authorised officer; and

(b) an answer given to the interpreter is taken to be given to the authorised officer.

S. 104 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 29).

S. 104 amended by Nos 39/1999 s. 32(5), 32/2001 s. 34(5), 37/2014 s. 10(Sch. item 74.2) (ILA s. 39B(1)).

104 Police to assist authorised officers

S. 104(1) amended by Nos 37/2014 s. 10(Sch. item 74.1), 13/2025 s. 82(Sch. 2 item 30).

(1) An authorised officer may request the assistance of a police officer and a police officer may assist an authorised officer to take any action authorised by this Part or the Gas Industry Act 2001.

S. 104(2) inserted by No. 37/2014 s. 10(Sch. item 74.2).

police officer has the same meaning as in the Victoria Police Act 2013.

S. 105 (Heading) inserted by No. 13/2025 s. 82(Sch. 2 item 31).

S. 105 amended by No. 13/2025 s. 82(Sch. 2 item 32).

105 Impersonation of authorised officer

A person must not impersonate an authorised officer.

1. 100 penalty units.

Part 6—Enforcement

Division 1—Directions

S. 106 (Heading) inserted by No. 4/2020 s. 36.

106 Chairperson of Energy Safe Victoria may give directions

S. 106(1) amended by No. 4/2020 s. 37(1).

(1) The Chairperson of Energy Safe Victoria may, in writing, direct any person—

(a) to cease the supply of gas to a facility, gas installation or appliance; or

(b) to make adjustments to the gas flow or to pressure in a pipeline; or

(c) to disconnect a gas installation from the gas supply—

if the Chairperson considers that it is necessary to do so for safety reasons.

S. 106(2) amended by No. 4/2020 s. 37(2).

(2) The Chairperson of Energy Safe Victoria may, in writing, direct a person—

(a) to cease to use a particular facility, gas installation or appliance; or

(b) to make safe a facility, gas installation or appliance; or

(c) to do any other thing necessary to make an unsafe gas situation safe—

if the Chairperson considers that it is necessary to do so for safety reasons.

(3) A person must comply with a direction under this section that applies to the person.

1. In the case of a natural person, 300 penalty units or 3 years imprisonment or both;

107 Additional powers in emergencies

S. 107(1) amended by No. 4/2020 s. 38(1).

(1) In addition to the powers under section 106, the Chairperson of Energy Safe Victoria may do anything or give any direction that the Chairperson considers necessary to make a gas emergency situation safe.

S. 107(1A) inserted by No. 39/1999 s. 33(1), amended by No. 4/2020 s. 38(2).

(1A) In addition to the powers under section 106 and subsection (1), the Chairperson may in a gas emergency situation give any directions the Chairperson considers necessary—

(a) to regulate the use of the available supply of gas having regard to the needs of the community; or

(b) to facilitate the reliability of the supply of gas; or

(c) to facilitate the security of the systems for the transmission or distribution of gas.

S. 107(2) amended by No. 39/1999 s. 33(2).

(2) A person must comply with a direction under this section that applies to the person.

1. In the case of a natural person, 500 penalty units or 5 years imprisonment or both;

In the case of a body corporate, 10 000 penalty units.

S. 107(3) inserted by No. 39/1999 s. 33(3).

(3) An offence under subsection (2) is an indictable offence.

S. 107(4) inserted by No. 39/1999 s. 33(3), amended by Nos 39/2005 s. 52(Sch. 2 item 1), 4/2020 s. 38(3).

(4) Energy Safe Victoria must include in its annual report for a financial year under Part 7 of the Financial Management Act 1994, a statement setting out details of each direction given by the Chairperson under this section during that financial year.

S. 107A inserted by No. 91/1998 s. 30.

107A Power of Minister

S. 107A(1) amended by No. 4/2020 s. 39(1).

(1) The Minister, at the request of the Chairperson of Energy Safe Victoria, may, at any time, make a direction in writing amending a direction made, or purportedly made, by the Chairperson under section 106 or 107 for the purpose of correcting a defect, mistake or omission in such a direction.

S. 107A(2) amended by No. 4/2020 s. 39(2).

(2) If a direction of the Minister under subsection (1) amending a direction of the Chairperson—

S. 107A(2)(a) amended by No. 4/2020 s. 39(2).

(a) includes a statement that the direction of the Chairperson is deemed to have been made as so amended; and

S. 107A(2)(b) amended by No. 4/2020 s. 39(2).

(b) is made not later than 3 months after the direction of the Chairperson was made—

the direction of the Chairperson is deemed to have been made as so amended.

S. 107B inserted by No. 91/1998 s. 30, substituted by Nos 39/2005 s. 52(Sch. 2 item 13), 4/2020 s. 40.

107B Delegation by Chairperson of Energy Safe Victoria

(1) The Chairperson of Energy Safe Victoria may by instrument, delegate any of the following functions and powers to a person specified in subsection (2)—

(a) any function or power under section 106; or

(b) with the consent of the Minister, any function or power under section 107.

(2) The functions and powers may be delegated to—

(a) another Commissioner of Energy Safe Victoria; or

(b) the Chief Executive Officer of Energy Safe Victoria; or

(c) any employee of Energy Safe Victoria.

S. 108 (Heading) inserted by No. 4/2020 s. 41.

S. 108 amended by No. 4/2020 s. 42.

108 Defence to certain offences if complying with directions of Chairperson of Energy Safe Victoria

It is a defence to a prosecution for a breach of an accepted safety case if the person who breached the safety case acted in accordance with the direction of the Chairperson of Energy Safe Victoria under this Division.

S. 109 substituted by No. 91/1998 s. 31, amended by No. 39/1999 s. 34(1)(a)(2) (ILA s. 39B(1)).

109 Protection from liability

(1) A person to whom this section applies is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—

S. 109(a) amended by No. 39/1999 s. 34(1)(b).

(a) in or in connection with or incidental to the exercise of a power under, or purportedly under, section 107; or

(b) in the reasonable belief that the act or omission was in or in connection with or incidental to the exercise of such a power.

S. 109(2) inserted by No. 39/1999 s. 34(2), amended by No. 39/2005 s. 52(Sch. 2 item 2), substituted by No. 4/2020 s. 43.

(2) This section applies to—

(a) the Chairperson of Energy Safe Victoria; and

(b) Energy Safe Victoria; and

(c) the employees and agents of Energy Safe Victoria.

S. 109A inserted by No. 91/1998 s. 31.

109A Protection of persons executing directions

A person is not liable to any action, claim or demand on account of any damage, loss or injury sustained or alleged to be sustained because of anything done or omitted to be done in good faith—

S. 109A(a) amended by No. 39/1999 s. 34(3).

(a) in the execution of any direction under, or purportedly under, section 107; or

(b) in the reasonable belief that the act or omission was in the execution of such a direction.

S. 109B inserted by No. 4/2020 s. 44.

109B Notification to Minister

The Chairperson of Energy Safe Victoria must notify the Minister in writing if the Chairperson—

(a) gives a direction under section 106(1) or (2); or

(b) gives a direction or does any other thing under section 107(1); or

(c) gives a direction under section 107(1A).

Pt 6 Div. 1A (Heading and ss 109C, 109D inserted by No. 22/2023 s. 57.

Division 1A—Enforceable undertakings

S. 109C inserted by No. 22/2023 s. 57.

109C Energy Safe Victoria may accept written undertakings

(1) Energy Safe Victoria, by written notice, may accept a written undertaking given by a person in connection with a matter relating to a contravention or alleged contravention by the person of this Act or the regulations.

(2) A person may withdraw or vary an undertaking accepted under subsection (1) with the written consent of Energy Safe Victoria.

(3) A person who gives an undertaking accepted under subsection (1) must not contravene that undertaking.

Penalty: In the case of a natural person, 500 penalty units;

In the case of a body corporate, 2500 penalty units.

(4) Energy Safe Victoria must not commence a proceeding for an offence against this Act or the regulations, constituted by a contravention or alleged contravention to which an undertaking accepted under subsection (1) relates, if the undertaking—

(a) is in effect and is being satisfied; or

(b) has been fully satisfied and discharged.

S. 109D inserted by No. 22/2023 s. 57.

109D Enforcement of written undertakings

(1) If Energy Safe Victoria considers that a person has contravened an undertaking given by the person and accepted under section 109C, Energy Safe Victoria may apply to the Magistrates' Court for an order under subsection (2).

(2) If the Court is satisfied that a person has contravened an undertaking given by the person and accepted under section 109C, the Court may make—

(a) an order that the person comply with the undertaking or take specified action to comply with the undertaking; or

(b) any other order that the Court considers appropriate.

Pt 6 Div. 1B (Heading and ss 109DA–109DF) inserted by No. 13/2025 s. 62.

Division 1B—Injunctions

S. 109DA inserted by No. 13/2025 s. 62.

109DA Injunctions

(1) A court may grant an injunction, in such terms as the court considers appropriate, if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a) a contravention of a provision of this Act or of the regulations or a contravention of a notice, direction, order or determination issued or made under a provision of this Act or the regulations; or

(b) attempting to contravene such a provision; or

(c) aiding, abetting, counselling or procuring a person to contravene such a provision; or

(d) inducing, or attempting to induce, whether by threats, promises or otherwise, a person to contravene such a provision; or

(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

(f) conspiring with others to contravene such a provision.

(2) The court may grant an injunction under subsection (1) on application by—

(a) Energy Safe Victoria; or

(b) any prescribed person.

(3) An application for an injunction under subsection (1) may be made ex parte.

(4) The power of the court to grant an injunction under subsection (1) restraining a person from engaging in conduct may be exercised—

(a) whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of a kind referred to in that subsection; and

(b) whether or not the person has previously engaged in conduct of that kind; and

(c) whether or not there is an imminent danger of substantial damage to any other person if the person engages in conduct of that kind.

(5) Without limiting subsection (1), the Supreme Court may grant an injunction restraining a person from carrying on a business that involves the carrying out of any regulated activity, (whether or not as part of, or incidental to, the carrying on of another business) including but not limited to carrying on the business of a gas company, a manufacturer of gas appliances or gas installations or an operator of a gas installation or proposed installation—

(a) for a specified period; or

(b) except on specified terms and conditions.

(6) Without limiting subsection (1), the court may grant an injunction under that subsection requiring a person to do any of the following at the person's cost—

(a) institute a training program for the person's employees in relation to compliance with this Act and the regulations;

(b) carry out gas work or arrange for gas work to be carried out by a licensed plumber or a registered plumber;

(c) in accordance with the regulations (if any)—

(i) carry out testing of a gas installation or gas equipment and provide the results of such testing to Energy Safe Victoria or any other applicant for the injunction; or

(ii) arrange for the testing of a gas installation or gas equipment by a licensed plumber, a registered plumber or a person or body approved by Energy Safe Victoria and provide the results of the testing to Energy Safe Victoria or any other applicant for the injunction.

(7) The power of the court to grant an injunction under subsection (1) requiring a person to do an act or thing may be exercised—

(a) whether or not it appears to the court that the person intends to refuse or fail again, or to continue to refuse or fail, to do that act or thing; and

(b) whether or not the person has previously refused or failed to do that act or thing; and

(c) whether or not there is an imminent danger of substantial damage to any other person if the person refuses or fails to do that act or thing.

(8) In this section—

licensed plumber, in relation to an injunction, means a licensed plumber within the meaning of section 221B of the Building Act 1993 who is licensed to carry out the class or type of work required to be carried out under the injunction;

registered plumber, in relation to an injunction, means a registered plumber within the meaning of section 221B of the Building Act 1993 who is registered to carry out the class or type of work required to be carried out under the injunction;

regulated activity means an activity that—

(a) is regulated by this Act; or

(b) involves the carrying out of an activity by a person who is regulated by this Act.

S. 109DB inserted by No. 13/2025 s. 62.

109DB Consent injunctions

If an application is made under section 109DA, the court may, if it considers it appropriate to do so, grant an injunction under this section by consent of all the parties to the proceeding, whether or not the court is satisfied as required by section 109DA(1).

S. 109DC inserted by No. 13/2025 s. 62.

109DC Interim injunctions

If an application is made under section 109DA, the court, if it considers it desirable to do so, may grant an interim injunction under this section pending the determination of the application.

S. 109DD inserted by No. 13/2025 s. 62.

109DD Variation and discharge of injunctions

A court may vary or discharge—

(a) an injunction that it has granted under section 109DA or 109DB; or

(b) an interim injunction that it has granted under section 109DC.

S. 109DE inserted by No. 13/2025 s. 62.

109DE Injunction may be granted during offence proceedings

An injunction may be granted under this Division during proceedings for an offence under this Act or the regulations and may be granted instead of or in addition to any penalty imposed in those or any other proceedings.

S. 109DF inserted by No. 13/2025 s. 62.

109DF Undertakings as to damages and costs

In an application for an injunction under section 109DA, if the application has been made by Energy Safe Victoria and if the court has determined to grant an interim injunction, the court must not, as a condition of granting the interim injunction, require Energy Safe Victoria or any other person to give any undertaking as to damages or costs.

Division 2—Improvement and prohibition notices

S. 110 (Heading) inserted by No. 4/2020 s. 45.

110 Issue of improvement notice

S. 110(1) amended by Nos 4/2020 s. 46(1), 13/2025 s. 82(Sch. 2 item 33).

(1) The Chairperson of Energy Safe Victoria or an authorised officer may issue an improvement notice to a person if the Chairperson or authorised officer is of the opinion that the person—

(a) is contravening any provision of this Act or the regulations; or

(b) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated.

(2) The improvement notice may require the person to whom it is issued to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention.

(3) An improvement notice must—

S. 110(3)(a) amended by Nos 4/2020 s. 46(2), 13/2025 s. 82(Sch. 2 item 33).

(a) state that the Chairperson or authorised officer is of the opinion that the person—

(i) is contravening a provision of this Act or the regulations; or

(ii) has contravened such a provision in circumstances that make it likely that the contravention will be continued or repeated; and

(b) state the reasons for that opinion; and

(c) specify the provision of this Act or the regulations in respect of which that opinion is held; and

(d) specify the day (being a day more than 7 days after the day on which the notice is issued) before which the person is required to remedy the contravention or likely contravention or the matters or activities occasioning the contravention or likely contravention.

111 Offence not to comply with improvement notice

S. 111(1) amended by No. 13/2025 s. 79.

(1) A person to whom an improvement notice is issued must comply with the improvement notice.

S. 111(2) amended by No. 24/2002 s. 15.

(2) Subsection (1) does not apply during any period that the operation of the improvement notice is stayed by the Tribunal.

S. 112 (Heading) inserted by No. 4/2020 s. 47.

112 Issue of prohibition notice

S. 112(1) amended by Nos 4/2020 s. 48(1), 13/2025 s. 82(Sch. 2 item 34).

(1) If the Chairperson of Energy Safe Victoria or an authorised officer is of the opinion that at any place there is occurring or may occur any activity which involves or will involve immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas, the Chairperson or authorised officer may issue a prohibition notice to the person who has or may be reasonably presumed to have control over the activity.

S. 112(2) amended by Nos 4/2020 s. 48(2), 13/2025 s. 82(Sch. 2 item 34).

(2) The prohibition notice may prohibit the carrying on of the activity until the Chairperson or an authorised officer certifies in writing that the matters which give or will give rise to the risk are remedied.

(3) A prohibition notice must—

S. 112(3)(a) amended by Nos 4/2020 s. 48(3)(a), 13/2025 s. 82(Sch. 2 item 34).

(a) state that the Chairperson or authorised officer is of the opinion that at the place there is occurring or may occur any activity which involves or will involve immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas; and

(b) state the reasons for that opinion; and

S. 112(3)(c) amended by Nos 4/2020 s. 48(3)(b), 13/2025 s. 82(Sch. 2 item 35).

(c) specify the activity which in the Chairperson's or the authorised officer's opinion involves or will involve an immediate risk to the safe conveyance, sale, supply, measurement, control or use of gas; and

S. 112(3)(d) amended by Nos 4/2020 s. 48(3)(b), 13/2025 s. 82(Sch. 2 item 35).

(d) if in the Chairperson's or the authorised officer's opinion the activity involves a contravention or likely contravention of any provision of this Act or the regulations, specify that provision and state the reasons for that opinion.

113 Offence not to comply with prohibition notice

(1) A person to whom a prohibition notice is issued must comply with the prohibition notice.

1. In the case of a natural person, 500 penalty units or 5 years imprisonment or both;

In the case of a body corporate, 2500 penalty units.

S. 113(2) amended by No. 24/2002 s. 16.

(2) Subsection (1) does not apply during any period that the operation of the prohibition notice is stayed by the Tribunal.

114 Notices may include directions

S. 114(1) amended by Nos 4/2020 s. 49, 13/2025 s. 82(Sch. 2 item 36).

(1) The Chairperson of Energy Safe Victoria or an authorised officer may include in an improvement notice or a prohibition notice directions as to the measures to be taken to remedy any contravention, likely contravention, risk, matters or activities to which the notice relates.

(2) A direction under subsection (1) may offer the person to whom it is issued a choice of ways in which to remedy the contravention, likely contravention, risk, matters or activities.

Division 3—Other matters

115 Offences by bodies corporate

(1) If a body corporate commits an offence against this Act or the regulations, any officer of the body corporate who was in any way, by act or omission, directly or indirectly knowingly concerned in or party to the commission of the offence is also guilty of that offence and liable to the penalty for it.

(2) A person may be proceeded against and convicted under a provision in accordance with subsection (1) whether or not the body corporate has been proceeded against or convicted under that provision.

(3) Nothing in this section affects any liability imposed on a body corporate for an offence committed by the body corporate against this Act or the regulations.

(4) If in a proceeding for an offence against this Act or the regulations it is necessary to establish the intention of a body corporate, it is sufficient to show that a servant or agent of the body corporate had that intention.

(5) In subsection (1), officer, in relation to a body corporate, means—

(a) a director, secretary or executive officer of the body corporate; or

(b) any person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act; or

(c) a person concerned in the management of the body corporate.

116 Offences by partnerships or unincorporated associations

If this Act or a regulation made under this Act provides that a person is guilty of an offence, that reference to a person must—

(a) in the case of a partnership, be read as a reference to each member of the partnership; and

(b) in the case of an unincorporated body or association, be read as a reference to each member of the committee of management of the body or association.

117 False or misleading information

S. 117(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(1) A person must not give information that is false or misleading in a material particular to Energy Safe Victoria or to an officer or employee of Energy Safe Victoria in connection with an application, notice or submission under this Act or the regulations.

1. In the case of a natural person, 100 penalty units;

In the case of a body corporate, 500 penalty units.

(2) In a proceeding for an offence against subsection (1), it is a defence for the accused to prove that the accused believed on reasonable grounds—

(a) in the case of false information, that the information was true; and

(b) in the case of misleading information, that the information was not misleading.

S. 117AA inserted by No. 91/2000 s. 34, amended by No. 59/2011 s. 39, substituted by No. 22/2023 s. 58.

117AA When proceedings for offences may be commenced

(1) Subject to subsection (2), despite anything to the contrary in any Act (other than the Charter of Human Rights and Responsibilities Act 2006)—

(a) Energy Safe Victoria may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after it becomes aware of the commission of the alleged offence; and

(b) any other person may commence a proceeding for an offence against this Act or the regulations within the period of 3 years after the commission of the alleged offence.

(2) Energy Safe Victoria must not commence a proceeding for an offence against section 109C(3) or any other offence against this Act or the regulations constituted by a contravention or alleged contravention to which an undertaking accepted under section 109C relates unless it does so within the period of 6 months after the day on which it—

(a) becomes aware that the undertaking has been contravened; or

(b) consents to the withdrawal of the undertaking under section 109C(2).

Pt 6 Div. 4 (Heading and s. 117AAB) inserted by No. 13/2025 s. 80.

Division 4—Adverse publicity orders

S. 117AAB inserted by No. 13/2025 s. 80.

117AAB Adverse publicity orders

(1) If a court convicts a person, or finds a person guilty, of an offence against this Act or the regulations the court may make an order (an adverse publicity order) in relation to the offender requiring the offender—

(a) to take either or both of the following actions within the period specified in the order—

(i) to publicise, in the way specified in the order, the offence, its consequences, the penalty imposed and any other related matter;

(ii) to notify a specified person or specified class of persons, in the way specified in the order, of the offence, its consequences, the penalty imposed and any other related matter; and

(b) to give Energy Safe Victoria, within 7 days after the end of the period specified in the order, evidence that the action or actions were taken by the offender in accordance with the order.

(2) The court may make an adverse publicity order on its own initiative or on the application of the prosecutor.

(3) If the offender fails to give evidence to Energy Safe Victoria in accordance with subsection (1)(b), Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, may take the action or actions specified in the order.

(4) However, if—

(a) the offender gives evidence to Energy Safe Victoria in accordance with subsection (1)(b); and

(b) despite that evidence, Energy Safe Victoria is not satisfied that the offender has taken the action or actions specified in the order in accordance with the order—

Energy Safe Victoria may apply to the court for an order authorising Energy Safe Victoria, or a person authorised in writing by Energy Safe Victoria, to take the action or actions.

(5) If Energy Safe Victoria or a person authorised in writing by Energy Safe Victoria takes an action or actions in accordance with subsection (3) or an order under subsection (4), Energy Safe Victoria is entitled to recover from the offender, by action in a court of competent jurisdiction, an amount in respect of the reasonable expenses of taking the action or actions as a debt due to Energy Safe Victoria.

(6) The court must not make an adverse publicity order unless it is satisfied that the costs of complying with the order do not exceed the maximum penalty amount that the court may impose on the offender for the offence concerned.

(7) The court may make an adverse publicity order in relation to an offender in addition to or instead of—

(a) imposing a penalty on the offender; or

(b) making any other order that the court may make in relation to the offence.

Pt 6A (Heading and ss 117AB–117AK) inserted by No. 91/2000 s. 35.

Part 6A—Infringement notices

S. 117AB (Heading) inserted by No. 31/2006 s. 8(1).

S. 117AB
inserted by No. 91/2000 s. 35.

117AB Definitions

In this Part—

S. 117AB
def. of inspector inserted by No. 31/2006 s. 8(2), amended by No. 34/2013 s. 35(Sch. 2 item 4), amended as authorised officer by No. 13/2025 s. 82(Sch. 2 item 37).

authorised officer, in relation to an offence against section 72(1) or 72(2), includes—

(a) a Commissioner within the meaning of the Building Act 1993; and

(b) a plumbing inspector appointed under Part 12A of the Building Act 1993;

S. 117AB def. of prescribed offence substituted by No. 13/2025 s. 63.

prescribed offence means—

(a) an offence against section 71(1) or (3), 71B, 72(1) or (2), 79B or 79C(1); or

(b) an offence against a provision of this Act (other than a provision referred to in paragraph (a)) or a provision of the regulations that is prescribed.

S. 117AC
inserted by No. 91/2000 s. 35.

117AC Power to serve a notice

S. 117AC(1) amended by No. 13/2025 s. 82(Sch. 2 item 38).

(1) An authorised officer may serve an infringement notice on any person that the authorised offer has reason to believe has committed a prescribed offence.

S. 117AC(2) substituted by No. 32/2006 s. 94(Sch. item 24(1)).

(2) An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.

S. 117AD
inserted by No. 91/2000 s. 35, repealed by No. 32/2006 s. 94(Sch. item 24(2)).

S. 117AE
inserted by No. 91/2000 s. 35, substituted by No. 13/2025 s. 64.

117AE Infringement penalties

The infringement penalty for an offence against a provision of this Act or the regulations that is prescribed for the purpose of this Part is one‑tenth of the maximum monetary penalty fixed by that provision unless a different penalty is otherwise prescribed.

Ss 117AF–117AK
inserted by No. 91/2000 s. 35, repealed by No. 32/2006 s. 94(Sch. item 24(2)).

Part 7—General

S. 117A inserted by No. 91/1998 s. 32, amended by No. 39/1999 s. 35 (ILA s. 39B(1)).

117A Supreme Court—limitation of jurisdiction

(1) It is the intention of sections 109 and 109A to alter or vary section 85 of the Constitution Act 1975.

S. 117A(2) inserted by No. 39/1999 s. 35.

(2) It is the intention of section 109, as amended by the Gas Industry Acts (Further Amendment) Act 1999, to alter or vary section 85 of the Constitution Act 1975.

118 Regulations

(1) The Governor in Council may make regulations for or with respect to—

(a) the safe conveyance, sale, supply, measurement, control and use of gas;

S. 118(1)(b) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(b) prescribing the standards of quality of gas to be conveyed, supplied or sold and empowering Energy Safe Victoria to exempt a gas company from those standards in prescribed circumstances;

(c) requiring the keeping of records of factors affecting gas quality;

(d) tempered liquefied petroleum gas plants;

(e) the safe storage of gas in vessels which have an aggregate capacity not exceeding 500 litres and which are connected to a gas installation;

(f) specifying the requirements and standards with which a safety case must comply;

(g) specifying procedures for acceptance and revision of safety cases;

(h) requiring a safety case to nominate the persons who are to carry out gas work or a class of gas work in any part of the facility or in relation to a gas installation to which the safety case applies;

(i) requiring a safety case to nominate an independent auditor to monitor compliance with a safety case;

(j) providing for the keeping of records in relation to safety cases;

S. 118(1)(k) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(k) empowering Energy Safe Victoria to exempt a safety case from all or any of the requirements of the regulations made in relation to safety cases;

S. 118(1)(l) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(l) the safety and acceptance of gas installations and appliances and the standards and requirements to apply to them, including standards determined by Energy Safe Victoria;

(m) prescribing or approving standards or requirements for the quality and design of materials, fittings and apparatus to be used in or in connection with gas installations and the methods to be followed in carrying out gas installations;

(n) requiring gas installations to be kept in proper repair;

(o) the safety and acceptance of gas installations, appliances and components;

S. 118(1)(p) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(p) regulating and requiring tests to be carried out on appliances and gas installations before acceptance by Energy Safe Victoria;

(q) the information to be included in or to accompany an application for acceptance of an appliance or gas installation, including details of tests;

S. 118(1)(r) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(r) regulating and requiring the fixing of compliance plates issued by Energy Safe Victoria on gas installations, appliances and components;

S. 118(1)(ra) inserted by No. 59/2008 s. 40(1).

(ra) requiring the keeping of records in relation to the service, maintenance, repair or modification of a complex gas installation or a Type B appliance;

S. 118(1)(s) amended by No. 13/2025 s. 82(Sch. 2 item 39).

(s) empowering an authorised officer to disconnect or order the disconnection of an appliance or gas installation from a gas supply;

(t) the supply or sale or offer of supply or sale of appliances and components;

S. 118(1)(u) amended by No. 91/1998 s. 27(2).

(u) prescribing the qualifications and experience required for persons engaged in upstream gas work and gasfitting work on complex gas installations;

(v) notices to be given by persons proposing to carry out gas work and carrying out or completing the carrying out of any gas work;

S. 118(1)(w) amended by Nos 91/1998 s. 33, 39/2005 s. 52(Sch. 2 item 2).

(w) the testing of gas by Energy Safe Victoria or an authorised officer of a gas company or any other person to ensure compliance with the prescribed standards and requirements, including—

(i) prescribing the apparatus with which and the methods by which tests are to be made for testing the quality of gas and the methods of recording those tests;

(ii) prescribing the method and frequency of checking the accuracy of that apparatus;

(iii) prescribing the places and times at which tests must be made;

S. 118(1) (w)(iv) amended by No. 91/1998 s. 33.

(iv) requiring a gas company or an authorised officer of a gas company or any other person to certify that the tests have been carried out in accordance with the regulations;

S. 118(1)(wa) inserted by No. 31/2006 s. 9.

(wa) empowering Energy Safe Victoria to exempt a class or classes of persons from the requirement to undertake the testing of gas;

(x) the methods of recording the measurement of gas;

S. 118(1)(y) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(y) requiring or regulating the reporting of gas incidents to Energy Safe Victoria or a gas company;

S. 118(1)(ya) inserted by No. 91/2000 s. 36.

(ya) the standards of energy efficiency and performance required for proclaimed gas equipment;

S. 118(1)(yb) inserted by No. 91/2000 s. 36.

(yb) prohibiting or regulating the supply or offer of supply of proclaimed gas equipment;

S. 118(1)(yc) inserted by No. 91/2000 s. 36.

(yc) the registration of proclaimed gas equipment, including—

(i) applications for registration and the renewal, modification or transfer of registration and the information to accompany the applications (including details about tests);

(ii) the granting of registration;

(iii) conditions on registration;

(iv) the transfer of registration;

(v) variation of registration;

(vi) the refusal and cancellation of registration;

(vii) the renewal and duration of registration;

(viii) the keeping of registers of proclaimed gas equipment and registration holders;

S. 118(1)(yd) inserted by No. 91/2000 s. 36, amended by No. 39/2005 s. 52(Sch. 2 item 2).

(yd) the testing, marking and labelling of proclaimed gas equipment, including the provision of samples of that equipment and labels to Energy Safe Victoria for testing and the disposal of those samples;

S. 118(1)(ye) inserted by No. 91/2000 s. 36.

(ye) reasonable fees and charges to be charged for or for the recovery of reasonable costs for—

(i) the testing, examination, marking or labelling of proclaimed gas equipment;

(ii) the preparation of reports about proclaimed gas equipment;

(iii) the registration, renewal of registration, modification of registration or transfer of registration of proclaimed gas equipment;

S. 118(1)(yf) inserted by No. 91/2000 s. 36.

(yf) authorising or requiring the giving of public notices in relation to proclaimed gas equipment and the recovery of costs associated with those notices;

S. 118(1)(z) repealed by No. 24/2002 s. 17.

S. 118(1)(aa) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(aa) fixing fees and charges in respect of any function or service carried out by Energy Safe Victoria including—

S. 118(1)(aa)(i) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(i) fees for the submission of safety cases with Energy Safe Victoria;

S. 118 (1)(aa)(ii) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(ii) fees for the validation of safety cases by Energy Safe Victoria;

(iii) annual fees in relation to safety cases;

S. 118 (1)(aa)(iv) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(iv) fees for any other application made to or documents submitted to Energy Safe Victoria under this Act or the regulations;

S. 118(1)(bb) repealed by No. 24/2002 s. 17.

S. 118(1)(cc) amended by No. 39/2005 s. 52(Sch. 2 item 2).

(cc) empowering Energy Safe Victoria to waive or rebate the payment of a fee in specified circumstances;

(dd) prescribing penalties not exceeding 20 penalty units for breaches of the regulations;

(ee) prescribing any matter or thing authorised or required to be prescribed or necessary or convenient to be prescribed for carrying this Act into effect.

(2) Regulations made under this Act may be made—

(a) so as to apply—

(i) at all times or at a specified time; or

(ii) throughout the whole of the State or in a specified part of the State;

(b) so as to require a matter affected by the regulations to be—

(i) in accordance with a specified standard or specified requirement; or

(ii) approved by or to the satisfaction of a specified person or body;

(c) so as to incorporate, adopt or apply wholly or partially or as amended by the regulations, the provisions of any document, standard, rule, specification or method formulated, issued, prescribed or published by any authority or body whether—

(i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or

S. 118(2)(c)(ii) amended by No. 59/2008 s. 40(2).

(ii) as published or amended from time to time;

(d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body;

(e) so as to provide, in a specified case or class of cases for the exemption of persons or things or a class of persons or things from any of the provisions of the regulations, whether unconditionally or on specified conditions and either wholly or to the extent specified.

Part 8—Repeals, consequential amendments and transitional provisions

Pt 8 Div. 1 (Heading and ss 119–122) repealed by No. 91/2000 s. 37.

Division 2—Transitional provisions

S. 123 amended by No. 91/1998 s. 34, repealed by No. 39/2005 s. 51.

124 Transitional provisions—gas installations

(1) Sections 34(2), 73 and 74 do not apply to a gas installation existing at the date of commencement of this section.

(2) Subsection (1) ceases to apply to a gas installation if a modification is made to the gas installation on or after the commencement of this section, other than a modification associated with the repair or maintenance of the gas installation.

(3) Subject to subsection (2), subsection (1) ceases to apply to a liquefied petroleum gas installation at the end of 5 years after the commencement of this section.

125 Transitional provisions—existing gas installation work

(1) In this section old regulations means the Gas and Fuel Corporation (Gas Installation) Regulations 1992.

(2) On the commencement of this section—

(a) a notice of compliance sent under regulation 19(2) of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance under section 73 in respect of that gas installation;

(b) an acceptance under the old regulations before that commencement of a notice of compliance in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73;

(c) a submission sent under regulation 21 of the old regulations before that commencement in respect of a gas installation but not accepted before that commencement is deemed to be an application for acceptance made under section 73 in respect of that gas installation;

(d) an acceptance under regulation 21 of the old regulations before that commencement of a submission in respect of a gas installation is deemed to be an acceptance of the gas installation under section 73.

126 Transitional provision—appliances

An appliance which was approved under an approval scheme of the Australian Gas Association A.C.N. 004 206 044 before the commencement of this section and was still approved at that commencement is deemed on that commencement to be accepted under an acceptance scheme declared under section 68.

S. 127 inserted by No. 24/2002 s. 18.

127 Transitional provisions—abolition of the Gas Appeals Board

Schedule 1 has effect.

S. 128 inserted by No. 59/2011 s. 40.