Section 1 - Gas Standards (Infringement Notices) Regulations 2007 - Gas Standards (Infringement Notices) Regulations 2007

1Gas Standards (Infringement Notices) Regulations 2007

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CrestWestern Australia

Gas Standards Act 1972
Criminal Procedure Act 2004

Gas Standards (Infringement Notices) Regulations 2007

Western Australia

Gas Standards (Infringement Notices) Regulations 2007

Contents

Citation 1
Prescribed offences and modified penalties 1
Authorised officers and approved officers 1
Forms 1

Schedule 1 — Prescribed offences and modified penalties

Schedule 2 — Forms

Form 1 — Infringement notice 11

Form 2 — Withdrawal of infringement notice 13

Notes

Compilation table 14

Gas Standards Act 1972
Criminal Procedure Act 2004

Gas Standards (Infringement Notices) Regulations 2007

1. Citation

	These regulations are the *Gas Standards (Infringement Notices) Regulations 2007*.

2. Prescribed offences and modified penalties

(1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2.

(2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3).

3. Authorised officers and approved officers

(1) The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes of the Criminal Procedure Act 2004 Part 2.

(2) The Director is to issue to each authorised officer a certificate of his or her appointment.

[Regulation 3 amended: SL 2023/147 r. 17.]

4. Forms

The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms.

Schedule 1 — Prescribed offences and modified penalties

[r. 2]

[Heading inserted: Gazette 4 May 2010 p. 1681.]

Offences under the Gas Standards Act 1972		Modified penalty
	Individual

Offences under the Gas Standards Act 1972 section 14 involving a contravention of or failure to comply with the following provisions of the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999		Modified penalty
	Individual	Body corporate
r. 16D	Failing to ensure that person doing gasfitting work complies with regulations and that gasfitting work is work supervising gas fitter is authorised to supervise	$600	$3 000
r. 18(2) [Only in circumstances where the offence involves a contravention of or failure to comply with r. 18(2)(a)(i)]	Failing to ensure gas installation complies with prescribed requirements	$600	$3 000
r. 20(1) [Only in circumstances where the offence involves a contravention of or failure to comply with r. 20(1)(b)]	Installing appliance, apparatus or part contrary to instructions or recommendations of manufacturer or designer	$600	$3 000
r. 20(3)	Failing to endorse note as to safe operation on notice of completion for used appliance	$400	$2 000
r. 20(4a)	Modifying appliance without approval	$600	$3 000
r. 22	Leaving Type B appliance permanently connected without certificate of compliance	$600	$3 000
r. 23	Failing to record service information in required manner	$400	$2 000
r. 26(1)(a)	Failing to ensure gas installation meets requirements as to pressure testing and is gas‑tight	$600	$3 000
r. 28(2)	Failing to attach approved badge or label to gas installation upon completion of gasfitting work	$400	$3 000
r. 28(3)	Failing to give notice of completion of gasfitting work within required time	$400	$2 000
r. 30	Failing to rectify defects and give notice of rectification within required time	$600	$3 000
r. 34(1)	Failing to keep records of employed gas fitters in required manner	$250	$1 250
r. 34(3)	Failing to keep records for required time	$250	$1 250
r. 34(4)	Failing to make records available for inspection	$250	$1 250
r. 35(1)	Supplying gas to Type A appliance without notice of completion	$400	$2 000
r. 36(1)	Using Type B appliance without certificate of compliance	$1 000	$5 000
r. 39	Marking, stamping or labelling appliance to falsely state or imply that it is approved	$600	$3 000
r. 42	Failing to report incident causing, or likely to cause, injury or damage	$600	$3 000
r. 42A	Failing to report defect rendering gas installation unsafe	$600	$3 000

Offences under the Gas Standards Act 1972 section 14 involving a contravention of or failure to comply with the following provisions of the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999

Modified penalty

Individual

Body corporate

r. 16D

Failing to ensure that person doing gasfitting work complies with regulations and that gasfitting work is work supervising gas fitter is authorised to supervise

$600

$3 000

r. 18(2) [Only in circumstances where the offence involves a contravention of or failure to comply with r. 18(2)(a)(i)]

Failing to ensure gas installation complies with prescribed requirements

$600

$3 000

r. 20(1) [Only in circumstances where the offence involves a contravention of or failure to comply with r. 20(1)(b)]

Installing appliance, apparatus or part contrary to instructions or recommendations of manufacturer or designer

$600

$3 000

r. 20(3)

Failing to endorse note as to safe operation on notice of completion for used appliance

$400

$2 000

r. 20(4a)

Modifying appliance without approval

$600

$3 000

r. 22

Leaving Type B appliance permanently connected without certificate of compliance

$600

$3 000

r. 23

Failing to record service information in required manner

$400

$2 000

r. 26(1)(a)

Failing to ensure gas installation meets requirements as to pressure testing and is gas‑tight

$600

$3 000

r. 28(2)

Failing to attach approved badge or label to gas installation upon completion of gasfitting work

$400

$3 000

r. 28(3)

Failing to give notice of completion of gasfitting work within required time

$400

$2 000

r. 30

Failing to rectify defects and give notice of rectification within required time

$600

$3 000

r. 34(1)

Failing to keep records of employed gas fitters in required manner

$250

$1 250

r. 34(3)

Failing to keep records for required time

$250

$1 250

r. 34(4)

Failing to make records available for inspection

$250

$1 250

r. 35(1)

Supplying gas to Type A appliance without notice of completion

$400

$2 000

r. 36(1)

Using Type B appliance without certificate of compliance

$1 000

$5 000

r. 39

Marking, stamping or labelling appliance to falsely state or imply that it is approved

$600

$3 000

r. 42

Failing to report incident causing, or likely to cause, injury or damage

$600

$3 000

r. 42A

Failing to report defect rendering gas installation unsafe

$600

$3 000

Offences under the Gas Standards Act 1972 section 14 involving a contravention of or failure to comply with the following provisions of the Gas Standards (Gas Supply and System Safety) Regulations 2000		Modified penalty
	Individual	Body corporate
r. 4(2)	Failing to ensure gas supplied to consumer installation is within pressure limits	$2 000	$10 000
r. 5(2)	Failing to ensure natural gas supplied to consumer satisfies quality standards	$2 000	$10 000
r. 7(1)	Failing to ensure LPG supplied to consumer satisfies quality standards	$2 000	$10 000
r. 7(4)	Failing to keep records of sampling for required time	$1 000	$5 000
r. 17B(1)	Operating a distribution system in which gas of different qualities is commingled without an approved plan	$1 000	$5 000
r. 17B(2)	Officer of network operator that is a corporation failing to ensure gas of different qualities is not commingled in a distribution system without an approved plan	$1 000	‑
r. 17B(3)	Injecting gas into a distribution system in which gas of different qualities is commingled without an approved plan	$1 000	$5 000
r. 17B(4)	Officer of a pipeline operator that is a corporation failing to ensure gas is not injected into a distribution system in which gas of different qualities is commingled without an approved plan	$1 000	‑
r. 17D(3)	Existing operator failing to submit management plan within required time	$1 000	$5 000
r. 17D(4)	New operator failing to submit management plan within required time	$1 000	$5 000
r. 17E(3)	Failing to comply with request to submit amended management plan within required time	$600	$3 000
r. 17F(5)	Failing to submit within the required time an amendment or replacement, of an approved plan, amended in accordance with a request of the Director under regulation 17F(3)(b)	$600	$3 000
r. 17G(3)	Failing to comply with direction to amend approved plan within time specified in direction	$600	$3 000
r. 17H(1)	Failing to ensure approved plan relating to operation of distribution system is implemented and its requirements complied with	$2 000	$10 000
r. 17H(2)	Failing to ensure approved plan relating to injection of gas into distribution system is implemented and its requirements complied with	$2 000	$10 000
r. 17I(7)	Failing to give Director plan of distribution system or sub‑network showing required matters within required time	$600	$3 000
r. 17J(4)	Failing to publish in required manner and within required time the determined heating value of gas transported through distribution system or sub‑network in a gas day	$600	$3 000
r. 17J(6)	Failing to give Director required information in relation to determined heating value of gas within required time and in accordance with approved plan	$1 000	$5 000
r. 22(2)	Failing to give required notice or quarterly outline before commencing major activity	$1 000	$5 000
r. 22(3)	Failing to give required notice before commencing major activity not mentioned in quarterly outline	$1 000	$5 000
r. 24(1)	Failing to ensure prescribed activity is carried out in accordance with specified standard or code	$1 000	$5 000
r. 37	Failing to ensure prescribed activity is carried out in accordance with accepted safety case	$2 000	$10 000
r. 38(1)	Failing to lodge report in respect of accepted safety case	$1 000	$5 000
r. 41(1)	Failing to establish and maintain record keeping system in relation to accepted safety case	$1 000	$5 000
r. 41(3)	Failing to keep records in required manner	$1 000	$5 000
r. 41(4)	Failing to keep records for required time	$1 000	$5 000
r. 43(1)	Failing to notify Director of notifiable incident within required time	$1 000	$5 000
r. 44(3)	Failing to lodge report of notifiable incident within required time	$1 000	$5 000

Offences under the Gas Standards Act 1972 section 14 involving a contravention of or failure to comply with the following provisions of the Gas Standards (Gas Supply and System Safety) Regulations 2000

Modified penalty

Individual

Body corporate

r. 4(2)

Failing to ensure gas supplied to consumer installation is within pressure limits

$2 000

$10 000

r. 5(2)

Failing to ensure natural gas supplied to consumer satisfies quality standards

$2 000

$10 000

r. 7(1)

Failing to ensure LPG supplied to consumer satisfies quality standards

$2 000

$10 000

r. 7(4)

Failing to keep records of sampling for required time

$1 000

$5 000

r. 17B(1)

Operating a distribution system in which gas of different qualities is commingled without an approved plan

$1 000

$5 000

r. 17B(2)

Officer of network operator that is a corporation failing to ensure gas of different qualities is not commingled in a distribution system without an approved plan

$1 000

‑

r. 17B(3)

Injecting gas into a distribution system in which gas of different qualities is commingled without an approved plan

$1 000

$5 000

r. 17B(4)

Officer of a pipeline operator that is a corporation failing to ensure gas is not injected into a distribution system in which gas of different qualities is commingled without an approved plan

$1 000

‑

r. 17D(3)

Existing operator failing to submit management plan within required time

$1 000

$5 000

r. 17D(4)

New operator failing to submit management plan within required time

$1 000

$5 000

r. 17E(3)

Failing to comply with request to submit amended management plan within required time

$600

$3 000

r. 17F(5)

Failing to submit within the required time an amendment or replacement, of an approved plan, amended in accordance with a request of the Director under regulation 17F(3)(b)

$600

$3 000

r. 17G(3)

Failing to comply with direction to amend approved plan within time specified in direction

$600

$3 000

r. 17H(1)

Failing to ensure approved plan relating to operation of distribution system is implemented and its requirements complied with

$2 000

$10 000

r. 17H(2)

Failing to ensure approved plan relating to injection of gas into distribution system is implemented and its requirements complied with

$2 000

$10 000

r. 17I(7)

Failing to give Director plan of distribution system or sub‑network showing required matters within required time

$600

$3 000

r. 17J(4)

Failing to publish in required manner and within required time the determined heating value of gas transported through distribution system or sub‑network in a gas day

$600

$3 000

r. 17J(6)

Failing to give Director required information in relation to determined heating value of gas within required time and in accordance with approved plan

$1 000

$5 000

r. 22(2)

Failing to give required notice or quarterly outline before commencing major activity

$1 000

$5 000

r. 22(3)

Failing to give required notice before commencing major activity not mentioned in quarterly outline

$1 000

$5 000

r. 24(1)

Failing to ensure prescribed activity is carried out in accordance with specified standard or code

$1 000

$5 000

r. 37

Failing to ensure prescribed activity is carried out in accordance with accepted safety case

$2 000

$10 000

r. 38(1)

Failing to lodge report in respect of accepted safety case

$1 000

$5 000

r. 41(1)

Failing to establish and maintain record keeping system in relation to accepted safety case

$1 000

$5 000

r. 41(3)

Failing to keep records in required manner

$1 000

$5 000

r. 41(4)

Failing to keep records for required time

$1 000

$5 000

r. 43(1)

Failing to notify Director of notifiable incident within required time

$1 000

$5 000

r. 44(3)

Failing to lodge report of notifiable incident within required time

$1 000

$5 000

Citation		Published
Gas Standards (Infringement Notices) Regulations 2007	20 Mar 2007 p. 1061‑70	20 Mar 2007
Gas Standards (Infringement Notices) Amendment Regulations 2007	9 Oct 2007 p. 5347	r. 1 and 2: 9 Oct 2007 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Oct 2007 (see r. 2(b))
Gas Standards (Infringement Notices) Amendment Regulations 2010	4 May 2010 p. 1681-6	r. 1 and 2: 4 May 2010 (see r. 2(a)); Regulations other than r. 1 and 2: 5 May 2010 (see r. 2(b))
Gas Standards (Infringement Notices) Amendment Regulations 2013	20 Aug 2013 p. 3834	r. 1 and 2: 20 Aug 2013 (see r. 2(a)); Regulations other than r. 1 and 2: 21 Aug 2013 (see r. 2(b) and Gazette 20 Aug 2013 p. 3815)
*Reprint 1: The Gas Standards (Infringement Notices) Regulations 2007* as at 21 Mar 2014** (includes amendments listed above)
Commerce Regulations Amendment (Infringement Notices) Regulations 2020 Pt. 16	SL 2020/163 25 Sep 2020	29 Sep 2020 (see r. 2(b) and SL 2020/159 cl. 2(a))
Commerce Regulations Amendment (Gas Standards) Regulations 2023 Pt. 3	SL 2023/147 20 Sep 2023	21 Sep 2023 (see r. 2(b))