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)).