24Offences—energy efficiency requirements for gas

24 Offences—energy efficiency requirements for gas appliances (1) A trader commits an offence if— (a) the trader sells a gas appliance; and (b) the gas appliance does not comply with an energy efficiency standard prescribed by regulation that applies to the appliance. Maximum penalty: 50 penalty units. (2) A trader commits an offence if— (a) the trader sells a gas appliance; and (b) an energy efficiency label is not attached to the appliance. Maximum penalty: 10 penalty units. (3) A person commits an offence if— (a) the person attaches an energy efficiency label to a gas appliance; and (b) the gas appliance does not have the energy efficiency rating stated on the label. Maximum penalty: 30 penalty units. (4) A person commits an offence if— (a) the person attaches a label to a gas appliance; and (b) the label resembles an energy efficiency label; and (c) the label is not an energy efficiency label. Maximum penalty: 30 penalty units. (5) This section does not apply to a second-hand gas appliance. Note The defendant has an evidential burden in relation to the matters mentioned in s (5) (see Criminal Code, s 58).

Part 4 Regulation of gas appliances Division 4.2 Approved gas appliances Section 24A page 20 Gas Safety Act 2000 Effective: 23/02/26 R23 23/02/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (6) An offence against this section is a strict liability offence. (7) In this section: energy efficiency label means an energy efficiency label prescribed by regulation. Note The Greenhouse and Energy Minimum Standards Act 2012 (Cwlth) (the Commonwealth Act) applies greenhouse and energy minimum standards (GEMS) in association with the supply and commercial use of products that use energy, or affect the energy used by another product. These standards are provided for by requirements in GEMS determinations. Section 24 only operates if a regulation is made for it, and s 24 and the regulation are consistent with the Commonwealth Act and able to operate concurrently with it (see Self-Government Act, s 28 and Commonwealth Act, s 9).