38Power to require rectification, &c., in respect of certain works

38 Power to require rectification, &c., in respect of certain works

(1)  If gas infrastructure, a gas storage system, automotive gas fuel system or gas installation is unsafe, or does not comply with this Act, the Director may give a direction requiring, within a specified period, any or all of the following:

(a) rectification of the gas infrastructure, gas storage system, automotive gas fuel system or gas installation to the satisfaction of the Director;

(b) the carrying out of specified obligations under this Act;

(c) the cessation of specified activities that constitute, or are likely to constitute, a contravention of this Act;

(d) if appropriate, the temporary disconnection of the gas supply while the rectification work is carried out;

(e) the disconnection and removal of the gas infrastructure, gas storage system, automotive gas fuel system or gas installation.

(2)  Subject to this section, a direction under this section must be given –

(a) in respect of gas infrastructure, to the licensee in charge of the infrastructure; or

(b) in respect of a gas installation or automotive gas fuel system, to the person in charge of the installation or fuel system, or the occupier of the place in which the installation or fuel system is situated; or

(c) in respect of a gas storage system, to the gas supplier in charge of the storage system or the occupier of the place in which the storage system is situated.

(3)  A direction must be given by written notice or, if the Director is of the opinion that immediate action is required, it may be given orally.

(4)  If a direction is given orally, it must be confirmed in writing as soon as practicable after being given.

(5)  A person to whom a direction is given under this section must not contravene the direction.

Penalty:  Fine not exceeding 100 penalty units.

(6)  If a person fails to comply with a direction under subsection (1) , the Director may –