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

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.