New South Wales: Gas and Electricity (Consumer Safety) Act 2017 (NSW)

Gas and Electricity (Consumer Safety) Act 2017 No 15 An Act to make provision with respect to electricity and gas safety, to repeal the Electricity (Consumer Safety) Act 2004, the Electricity (Consumer Safety) Regulation 2015 and the Gas Supply (Consumer Safety) Regulation 2012 and to make consequential amendments to the Gas Supply Act 1996 and other legislation; and for other purposes. Part 1 Preliminary 1 Name of Act This Act is the Gas and Electricity (Consumer Safety) Act 2017. 2 Commencement This Act commences on a day or days to be appointed by proclamation. 3 Object of Act The object of this Act is to provide a single legislative framework for the regulation of consumer safety in relation to gas and electrical products and services. 4 Definitions (1) In this Act— acquisition guarantee—see section 9. acquisition guarantor means the person who gives an acquisition guarantee. authorised electrician means a person who is authorised under the Home Building Act 1989 to do electrical wiring work. authorised gasfitter means a person who is authorised under this Act to carry out gasfitting work. authorised officer means— (a) any investigator, or (b) any other person appointed under section 61 by the Secretary as an authorised officer for the purposes of the provision in which the expression is used. autogas installation means a system of pipes and associated equipment that forms part of a vehicle, vessel or machine and that is designed to convey liquefied petroleum gas or natural gas to an internal combustion engine that is installed in, or forms part of, the vehicle, vessel or machine. autogas work means work involved in— (a) the installation, alteration, extension or repair of an autogas installation, or (b) the connection of a gas cylinder to, or the disconnection of a gas cylinder from, an autogas installation. certification authority—see section 23. certified gas appliance—see section 21. class specification for an electrical article—see section 13. conduct includes any act or omission. declared electrical article—see section 12. Department means the Department of Customer Service. electrical article means any appliance, wire, fitting, cable, conduit, meter, insulator, apparatus, material or other electrical equipment intended or designed for use in, or for the purposes of, or for connection to, any electrical installation. Note— A reference in this Act to an electrical article includes a reference to a high risk battery article unless otherwise provided in this Act or by the regulations—see section 6. electrical installation means any fixed appliances, wires, fittings, meters, apparatus or other electrical equipment used for (or for purposes incidental to) the conveyance, measuring, control and use of electricity in a particular place, but does not include any of the following— (a) subject to any regulation made under subsection (4)—any electrical equipment (other than a meter) used, or intended for use, in the generation, transmission or distribution of electricity that is— (i) owned or used by an electricity supply authority, or (ii) located at a place that is owned or occupied by such an authority, (a1) a meter used, or intended for use, in the generation, transmission or distribution of electricity that is— (i) owned or used by an electricity supply authority, and (ii) located at a place owned or occupied by the authority, (b) any electrical article connected to, and extending or situated beyond, any electrical outlet socket, (c) any electrical equipment in or about a mine, (d) any electrical equipment operating at not more than 50 volts alternating current or 120 volts ripple-free direct current, (e) any other electrical equipment, or class of electrical equipment, prescribed by the regulations. electrical installation work means the work of installing, adding to, altering, disconnecting, reconnecting or replacing an electrical installation. electrical wiring work means the physical work of installing, repairing, altering, removing or adding to an electrical installation or the supervising of that work. electricity supply authority means a person or body engaged in the distribution of electricity to the public or in the generation of electricity for supply, directly or indirectly, to the public whether by statute, franchise agreement or otherwise and includes— (a) an energy services corporation within the meaning of the Energy Services Corporations Act 1995, and (b) an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act 2015, and (c) Rail Corporation New South Wales, and (d) Transport for NSW, and (d1) Sydney Metro, and (e) the Water Administration Ministerial Corporation constituted by the Water Management Act 2000. flue means any system of pipes and associated fittings designed to convey exhaust gases away from a gas appliance. function includes power, authority or duty, and exercise a function includes perform a duty. gas means— (a) natural gas, or (b) liquefied petroleum gas, or (c) any other substance that the regulations declare to be gas for the purposes of this Act, but does not include a medical gas. gas appliance means any gas burning or gas using appliance that is manufactured, adapted or designed for connection to a gas installation, whether by means of a gas outlet socket or otherwise, and includes any liquefied petroleum gas dispenser, catalytic burner or vaporiser, but does not include— (a) an internal combustion engine that is installed in, or forms part of, a vehicle, vessel or machine, or (b) an appliance used in a medical facility for the supply or removal of a medical gas. gas component means the following— (a) a gas regulator, (b) any other item prescribed by the regulations for the purposes of this definition. gas container includes a gas cylinder, a gas cartridge, a pressure vessel and a gas tank. gas installation means— (a) any pipe or system of pipes used to convey or control gas, and any associated fittings and equipment, that are downstream of the gas supply point, but does not include anything beyond the gas installation end point, and (b) any flue that is downstream of the gas supply point, but does not include— (c) an autogas installation, or (d) a medical gas installation. gas installation end point means— (a) in the case of a gas installation to which gas is supplied from a gas network—the gas outlet socket, or (b) in any other case—the control valve or other connection point of a gas appliance or of another gas container. gas supply point means— (a) in the case of a gas installation to which gas is supplied from a gas network—the outlet of the gas meter at which the gas is supplied, or (b) in any other case—the control valve or other connection point of a gas container. gasfitting work means any work involved in— (a) the installation, alteration, extension or repair of a gas installation, or (b) the installation, alteration, extension, removal or repair of a flue, or (c) the connection of a gas installation to, or the disconnection of a gas installation from, a gas supply point, or (d) the connection of a gas appliance to, or the disconnection of a gas appliance from, a gas installation (otherwise than where the point of connection is a gas outlet socket), or (e) the connection of a gas container, gas regulator or gas appliance to, or the disconnection of a gas container, gas regulator or gas appliance from, a gas installation (otherwise than where it is designed to be readily detachable from the installation whether by the use of a tool, mechanical force or otherwise). high risk battery article—see section 6. holder of a model approval means the person to whom a model approval has been given. investigator means a person appointed as an investigator under section 18 of the Fair Trading Act 1987. liquefied petroleum gas means a liquid or gaseous substance containing a mixture of hydrocarbons, basically consisting of butane or butene or propane or propene, or any mixture of them. mark includes label. mechanical services and medical gas work has the same meaning as in the Home Building Act 1989. medical facility means the following— (a) a hospital within the meaning of the Public Health Act 2010, (b) an aged care facility, (c) (Repealed) (d) another place where medical gas is supplied or removed (except as prescribed by the regulations). medical gas means a substance used for medical purposes and prescribed by the regulations as a medical gas. medical gas installation means a reticulated system of pipes, hoses or lines in a medical facility that conveys or controls the supply or removal of medical gases, including associated fixtures or fittings and any other thing prescribed by the regulations, but not including anything connected to and extending or situated beyond a wall outlet or NIST fitting. medical gas technician work means the commissioning, testing, verification or certification of a medical gas installation. medical gasfitting work means the construction, installation, replacement, repair, alteration, maintenance, testing or commissioning of a medical gas installation and includes incidental design work. model approval means an approval for a model of electrical article given by the Secretary under section 16. model specification for an electrical article—see section 16 (1) (c). natural gas has the same meaning as it has in the National Gas (NSW) Law. place includes land (whether or not covered with water), premises, buildings and other structures. process commencing proceedings for an offence—see section 68. recognised external approval scheme means any scheme for the approval or certification of models of electrical articles that is declared under section 20 to be a recognised external approval scheme for the purposes of Part 2. registered health practitioner has the same meaning as it has in the Health Practitioner Regulation National Law (NSW). relevant authority, in relation to another State or a Territory, means the authority prescribed by the regulations as the relevant authority for the other State or the Territory. Secretary means— (a) the Commissioner for Fair Trading, Department of Customer Service, or (b) if there is no person employed as Commissioner for Fair Trading—the Secretary of the Department. sell includes— (a) auction or exchange, and (b) offer, agree or attempt to sell, and (c) advertise, expose, send, forward or deliver for sale, and (d) cause or permit to be sold or offered for sale, and (e) hire or cause to be hired, and (f) display for sale or hire. Note— See subsection (3) in relation to display of electrical articles and gas appliances for sale. serious electrical accident—see section 39. serious gas accident—see section 39. specification includes (but is not limited to)— (a) a standard, code, rule, testing requirement or other specification approved, recommended, adopted or published by Standards Australia, and (b) a standard, code, rule, testing requirement or other specification described in, or prescribed by, the regulations. Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act. (2) In this Act— (a) a reference to a gas appliance includes a reference to a gas component, and (b) a reference to a type of gas appliance is a reference to each gas appliance of the same design constructed to identical specifications, and (c) a reference to a model of electrical article is a reference to each electrical article of the same design, material and construction. (3) For the purposes of this Act— (a) an electrical article (whether or not a declared electrical article) that is displayed for the purpose of advertising, or otherwise in connection with, the sale of other electrical articles of the same model, or (b) a gas appliance that is displayed for the purpose of advertising, or otherwise in connection with, the sale of other gas appliances of the same type, is to be treated as being displayed for sale. (4) The regulations may make provision for when electrical equipment (or any part of electrical equipment) of the kind referred to in paragraph (a) of the definition of electrical installation in subsection (1) is taken to form part of an electrical installation at a place for the purposes of that definition. (5) Notes included in this Act do not form part of this Act. 5 Act not to apply to certain gas or autogas installations or gas appliances This Act (other than regulations made under this Act relating to the examination and testing of gas meters) does not apply to or in respect of— (a) a gas installation or autogas installation with a carrying capacity greater than 200 kilopascals, or (b) a gas appliance with an inlet pressure greater than 200 kilopascals, that is located partially or wholly within a workplace within the meaning of the Work Health and Safety Act 2011. 5A Parts 6 and 7 of Act extend to medical gasfitting work and medical gas technician work (1) Parts 6 (Accident reporting and investigations) and 7 (Enforcement) extend, with any necessary modifications, to medical gasfitting work and medical gas technician work and for that purpose a reference in those Parts to— (a) gas is taken to include a reference to medical gas, and (b) a gas installation is taken to include a reference to a medical gas installation, and (c) gasfitting work is taken to include a reference to medical gasfitting work and medical gas technician work, and (d) an authorised gasfitter is taken to include a reference to a person who is authorised under this Act to carry out medical gasfitting work or medical gas technician work, and (e) a serious gas accident is taken to include a reference to a serious medical gas accident. (2) In this section— serious medical gas accident means an accident— (a) caused by the use of a medical gas installation or by work carried out on a medical gas installation, and (b) as a consequence of which a person dies or suffers permanent disability, is hospitalised, receives treatment from a registered health practitioner or is unable to attend work for any period of time. 6 High risk battery articles subject to Act (1) The Secretary may, by order published in the Gazette, declare a battery article, or a battery article of a class, specified or described in the order to be a high risk battery article for the purposes of this section. Editorial note— For orders published in the Gazette under this subsection, see Gazettes No 93 of 23.8.2019, n2019-2497 and No 119 of 11.10.2019, n2019-3119. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality. (2) Except as otherwise provided by this Act or the regulations— (a) this Act applies to a high risk battery article in the same way that it applies to an electrical article, and (b) accordingly, a reference in this Act to an electrical article is taken to include a reference to a high risk battery article. (3) The Secretary may combine an order under this section with an order under section 12 that relates to the same article. (4) In this section— battery article means— (a) a rechargeable battery or any of its components, or (b) an article that incorporates a rechargeable battery as a power source for the article. 7 Act to bind Crown This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities. Part 2 Electrical articles Division 1 Restrictions on sale of electrical articles 8 Electrical articles must meet certain standards before they can be sold (1) A person must not sell a declared electrical article if the article is not of— (a) a model of electrical article that has a model approval, or (b) a class, description or model that has been approved or registered by the relevant authority for another State or a Territory, or (c) a model of electrical article that has been approved or certified under a recognised external approval scheme (being an approval or certification that is evidenced by marking on the article). Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. (2) A person must not sell an electrical article if— (a) the article is not marked in accordance with the regulations, or (b) the article does not comply with any one or more of the following— (i) the class specifications (if any) for the article, (ii) the model specifications (if any) for the article, (iii) any other specifications prescribed by the regulations for the article, (iv) any other requirements (including standards) prescribed by the regulations for the article. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. Note— An offence against subsection (1) or (2) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. (3) The Secretary may, by order in writing and subject to any conditions that may be specified in the order, exempt a person or persons of a specified class from the operation of any or all of the provisions of subsection (1) or (2). 9 Acquisition guarantee may be defence to certain offences (1) It is a defence to a prosecution of an offence against section 8 (1) or (2) if the defendant proves that— (a) the defendant received an acquisition guarantee in respect of the electrical article to which the offence relates from the person from whom the defendant obtained the electrical article, and (b) the defendant had no reason to believe that, at the time of the alleged offence, the electrical article did not comply with the requirements of section 8 (1) or (2), as the case may be. (2) A guarantee is an acquisition guarantee in respect of an electrical article for the purposes of the prosecution of an offence only if— (a) the guarantee is in writing, and (b) the matters guaranteed are that, when the guarantee is given— (i) if the electrical article is a declared electrical article—the model of the article has a model approval or has been approved or certified under a recognised external approval scheme or the article is of a class, description or model approved or registered by a relevant authority for another State or a Territory, and (ii) the electrical article is marked as prescribed by the regulations, and (iii) the electrical article complies with the class specifications (if any), the model specifications (if any) and any other specifications or requirements for the article prescribed by the regulations, and (c) the guarantor is— (i) an individual who resides in Australia, or (ii) a corporation that has a place of business within Australia, and (d) the guarantee specifies the name of the guarantor and— (i) in the case of a guarantor who is an individual and who resides within Australia—the address of the guarantor and of the place of business of the guarantor, or (ii) in the case of a guarantor that is a corporation—an address of a place of business of the guarantor within Australia, and (e) the guarantee applies— (i) generally to electrical articles of the particular model to which the prosecution relates, or (ii) to the specific electrical article to which the prosecution relates and refers to a sale note, bill of sale, invoice, bill of lading or other document describing the electrical article sold and the marking on it, and (f) the guarantee complies with any other requirements prescribed by the regulations. (3) Subsection (1) does not apply unless, not later than 7 days after service on the defendant of the process commencing proceedings for the offence— (a) the defendant gives a written notice to the prosecutor of the defendant's intention to rely on an acquisition guarantee and the notice specifies the following— (i) the name of the person who gave the acquisition guarantee (the acquisition guarantor), (ii) any name under which the acquisition guarantor trades, (iii) the address referred to in subsection (2) (d) in relation to the acquisition guarantor, and (b) the defendant gives a written notice to the acquisition guarantor of the defendant's intention to rely on the guarantee, and (c) the defendant gives the prosecutor a copy of the guarantee. (4) An acquisition guarantor given notice under subsection (3) is entitled to offer evidence at the hearing of the proceedings to which the notice relates and the court may, if it thinks fit, adjourn the hearing to enable the guarantor to do so. 10 Acquisition guarantor may be convicted of offence if acquisition guarantee defence upheld (1) If an offence is proved under section 8 (1) or (2) but the defence under section 9 is upheld, the acquisition guarantor is liable to the same penalty as could have been imposed if the offence to which the proceedings relate had been committed by the guarantor. (2) Subsection (1) does not apply if the acquisition guarantor proves that, when the guarantor gave the acquisition guarantee, the guarantor had reasonable grounds for believing that the statements and descriptions contained in the acquisition guarantee were true. (3) Nothing in this section affects the liability of an acquisition guarantor to be prosecuted for an offence against section 11. 11 Person must not give false acquisition guarantee (1) A person must not make a false statement or give a false description in relation to an electrical article or model of electrical article in any acquisition guarantee, or purported acquisition guarantee, given by the person. Maximum penalty—500 penalty units in the case of a corporation and 150 penalty units in the case of an individual. Note— An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. (2) It is a defence to the prosecution of an offence against subsection (1) if the defendant proves that, when the defendant gave the acquisition guarantee, the defendant had reasonable grounds for believing that the statements and descriptions contained in the acquisition guarantee were true. Division 2 Declared electrical articles and specifications for electrical articles 12 Declared electrical articles (1) A declared electrical article is an electrical article that belongs to a class of electrical articles that is the subject of an order under this section. (2) The Secretary may, by order published in the Gazette, declare— (a) electrical articles of a class described in the order to be, on and from a date specified in the order, declared electrical articles for the purposes of this Part, and (b) the specifications that are applicable to electrical articles of that class. Editorial note— For orders published in the Gazette under this subsection, see Gazettes No 100 of 28.9.2018, p 7235, n2018-3242; No 118 of 4.10.2019, p 4341, n2019-3063; No 103 of 22.5.2020, p 2075, n2020-1481 and No 118 of 12.6.2020, p 2387, n2020-1766. From April 2021, PCO is no longer updating notes in provisions of in force titles about related gazette notices. To search for related gazette notices, please use the Gazette Search functionality. (3) An order under this section may declare a specification modified as stated in the order to be applicable to electrical articles of the class to which the order relates. 13 Class specifications for electrical articles (1) A class specification for an electrical article is— (a) a specification for the time being declared by an order under section 12 to be applicable to articles of the class to which the article belongs, or (b) if any such specification is declared by the order to be modified in its application to those articles, the specification as so modified. (2) Despite subsection (1), a class specification does not apply to an electrical article to the extent (if any) that it is inconsistent with the model specification for the article. 14 Compliance with class and model specifications If a class specification or a model specification for an electrical article requires the article or any part of the article— (a) to have been submitted to a specified test, and (b) to have complied with a standard relating to the test, the article is, for the purposes of this Part (other than section 16 (1) (b) or (c)), to be treated as complying with the requirement if the article or part would comply with the standard if it were to be submitted to the test. 15 Publication of information concerning declared electrical articles and specifications (1) The Secretary is to publish details of the following matters on an internet website maintained by the Department or by any other printed or electronic means that the Secretary considers appropriate— (a) the classes of electrical articles that are currently declared under section 12 (2), (b) any class specifications for electrical articles that are currently in force. (2) A failure to comply with subsection (1) does not invalidate any order made under this Part. Division 3 Model approvals for electrical articles 16 Approval of model of electrical article (1) The Secretary may, by order in writing, approve any model of electrical article (whether or not a declared electrical article) if— (a) an application for the approval is made in accordance with the regulations, and (b) in the case of a model of electrical article that is a declared electrical article—the Secretary is satisfied that an article of that model complies with any class specification for that article (subject to section 13 (2), if the Secretary determines a model specification under paragraph (c)), and (c) the Secretary is satisfied that the model of electrical article complies with any other specification (a model specification) that the Secretary has determined should be applicable, or applicable in a modified form, to that model of electrical article. Note— If the Secretary determines a model specification under paragraph (c), the effect of section 13 is that a class specification for an electrical article of that particular model does not apply to the extent that it is inconsistent with that model specification. (2) The Secretary may decline to deal with an application for the approval of a model of electrical article until an electrical article of that model has been lodged with the Secretary for testing or inspection. (3) Despite subsection (1) (c), the Secretary may approve a model of electrical article subject to it complying with a model specification. (4) If the Secretary approves a model of electrical article, the Secretary must, as soon as practicable afterwards, give the applicant for the approval written notice of the approval containing— (a) the particulars prescribed by the regulations, and (b) any other particulars that the Secretary considers appropriate. (5) If the Secretary refuses to approve a model of electrical article, the Secretary must, within 21 days of the refusal, notify the applicant for the approval in writing— (a) that the Secretary has refused the application for approval, and (b) of the reasons for refusing the application. 17 Duration of model approvals (1) A model approval takes effect on the date of the approval and remains in force for the period (not exceeding 5 years) specified in the approval, subject to any cancellation or suspension of the approval, or any extension or renewal of the approval in accordance with the regulations. (2) A model approval is not invalidated only because any specification applicable to electrical articles of that model has changed since the approval was given. (3) Nothing in subsection (2) requires the Secretary to approve, or renew or extend a model approval for, a model of electrical article that does not comply with a relevant class or model specification as in force at the time the approval is sought. 18 Suspension or cancellation of model approval (1) The Secretary may, by written notice given to the holder of a model approval— (a) suspend the model approval for a period not exceeding 90 days, or (b) cancel the model approval. (2) The Secretary may suspend or cancel a model approval only on one or more of the following grounds— (a) an electrical article of the model is found by the Secretary not to comply with any one or more of the following— (i) the class specifications for an electrical article of that model, (ii) the model specifications for electrical articles of that model, (iii) any specifications or requirements prescribed by the regulations for the purposes of section 8 (2) (b) (iii) or (iv) for an electrical article of that model, (b) electrical articles of the model are unsafe because of their design or construction, (c) the holder of the model approval gives the Secretary a written request for the suspension or cancellation, (d) any other ground that may be prescribed by the regulations. (3) A written notice suspending or cancelling a model approval must set out— (a) the matters prescribed by the regulations, and (b) any other matters that the Secretary considers appropriate. 19 Administrative review of certain model approval decisions by Civil and Administrative Tribunal (1) A person whose application for a model approval has been refused by the Secretary may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of that refusal. (2) A holder of a model approval may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of a decision of the Secretary suspending or cancelling the model approval given to the holder. (3) For the purposes of an application under subsection (1), an application for a model approval is taken to have been refused if it is not determined by the Secretary— (a) except as provided by paragraph (b)—within 60 days after the date on which the application was lodged with the Secretary, or (b) if the applicant and the Secretary agree on a longer period—within the longer agreed period after the date on which the application was lodged with the Secretary. Division 4 Recognised external approval schemes 20 Recognised external approval schemes (1) The Minister may, by order published in the Gazette, declare any scheme for the approval or certification of models of electrical articles to be a recognised external approval scheme for the purposes of this Part. (2) The regulations may make provision with respect to the declaration of schemes for the purposes of subsection (1). Part 3 Gas appliances Division 1 Restrictions on sale of gas appliances 21 Restrictions on sale of gas appliances (1) A person must not sell a gas appliance or type of gas appliance unless it is— (a) a certified gas appliance, and (b) labelled in accordance with the regulations. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. Note— An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. (1A) The Secretary may, by order in writing, exempt a person or a specified class of persons, or gas appliance or type of gas appliance, from subsection (1). (1B) An exemption takes effect when— (a) in relation to a person—it is given to the person, or (b) in relation to a class of persons or a gas appliance or class of gas appliances—it is published on a publicly accessible website that, in the opinion of the Secretary, is appropriate for the publication. (1C) An exemption is subject to the terms and conditions (if any) specified in the order. (2) In this section— certified gas appliance means a gas appliance or type of gas appliance in respect of which a certification by the holder of a certification authority (or by a person authorised by a holder under this Act to certify on the holder's behalf) is in force. Division 2 Certification of gas appliances 22 Certification of gas appliances A person must not certify a gas appliance or type of gas appliance unless the person— (a) is the holder of a certification authority, or (b) is a person authorised by the holder of a certification authority to certify gas appliances on the holder's behalf. Maximum penalty—500 penalty units in the case of a corporation and 250 penalty units in the case of an individual. 23 Authority to certify gas appliances or types of gas appliances (1) A person may apply in accordance with the regulations for an authority to certify a gas appliance or type of gas appliance (a certification authority). (2) The Secretary may determine an application for a certification authority by granting or refusing the application. (3) A certification authority is to be in the form of an order in writing by the Secretary authorising the person to certify individual gas appliances or types of gas appliances. 24 Conditions of certification authority (1) A certification authority is subject to— (a) any conditions that are prescribed by the regulations, and (b) any other conditions that the Secretary considers appropriate and that are specified in the authority or imposed by the Secretary in accordance with the regulations. (2) The Secretary may vary or revoke a condition referred to in subsection (1) (b) in accordance with the regulations. (3) The holder of a certification authority must comply with any conditions to which the authority is subject. Maximum penalty—2,500 penalty units in the case of a corporation and 500 penalty units in the case of an individual. 25 Duration of certification authority A certification authority takes effect on the day on which it is granted or on a later day specified in the authority and remains in force for the period specified in the authority, subject to any cancellation or suspension of the authority. 26 Suspension or cancellation of certification authority (1) The Secretary may— (a) suspend a certification authority if of the opinion that there are grounds for cancelling the authority, by serving a show cause notice on the holder of the authority, or (b) cancel a certification authority at any time and for any reason (including failure to comply with a show cause notice), by serving a written notice on the holder of the authority. (2) A show cause notice is a notice requiring the holder of the certification authority to show cause why the authority should not be cancelled on the grounds specified in the notice. (3) Without limiting the grounds that may be specified in a show cause notice, grounds may include that the holder of the certification authority has failed to comply with a condition of the authority. (4) A show cause notice is to be in writing and is to specify a period of not less than 21 days after service of the notice as the period— (a) during which the certification authority is suspended, and (b) within which the holder must show cause as required by the notice. (5) The holder on whom a show cause notice is served may, within the period allowed by the notice, make written submissions to the Secretary in respect of the matters to which the notice relates. (6) The Secretary must consider any submissions made in accordance with subsection (5) before the Secretary may cancel the certification authority under this section. Part 4 Unsafe electrical articles and gas appliances 27 Interpretation In this Part— (a) a reference to an electrical article includes a reference to an electrical article of a particular model, and (b) a reference to a gas appliance includes a reference to a type of gas appliance. 28 Prohibition of sale of unsafe electrical articles and gas appliances (1) The Secretary may, by a notice published in the Gazette, prohibit the sale of an electrical article or a gas appliance from the day the notice is published in the Gazette or from a later day specified in the notice. (2) The Secretary may, by written notice served on any person, prohibit the person from selling an electrical article or a gas appliance from the day the notice is so served or any later day that may be specified in the notice. (3) The Secretary may issue a notice under this section only if the Secretary believes on reasonable grounds that— (a) the electrical article or model of electrical article, or the gas appliance, is, or is likely to become, unsafe to use because of its design or construction, and (b) prohibiting the sale of the electrical article or gas appliance is warranted due to the risk of death or injury to any person or damage to any property arising out of the use of the electrical article or gas appliance. (4) A notice issued under this section may be revoked or amended by the Minister or Secretary— (a) in the case of a notice issued under subsection (1)—by notice published in the Gazette, or (b) in the case of a notice issued under subsection (2)—by notice served on the person or persons to whom the original notice was directed. (5) The Secretary must publish copies of any notice issued under subsection (1), or any notice of revocation or amendment issued under subsection (4) (a), in such newspapers as may be prescribed by the regulations. (6) A failure to comply with subsection (5) does not invalidate any notice or revocation or amendment of a notice under this section. (7) The Minister may issue a notice under subsection (1) or (2) in the same way as the Secretary and, for that purpose, a reference in this section (other than subsection (4)) to the Secretary is to be read as a reference to the Minister. 29 Requiring action to be taken by seller of unsafe electrical articles or gas appliances (1) The Secretary may, by written notice served on any person (the seller) whose business is or includes the sale of electrical articles or gas appliances and who has sold an electrical article or a gas appliance, require the seller to take the action specified in the notice within the time so specified. (2) The Secretary may issue a notice under this section only if the Secretary believes on reasonable grounds that— (a) the electrical article or model of electrical article, or the gas appliance, is, or is likely to become, unsafe to use because of its design or construction, and (b) specific action is necessary to make the electrical article or gas appliance safe to use or to render safe the use of that electrical article or gas appliance. (3) Without limiting the action that may be specified for the purposes of the notice, action may consist of or include— (a) sending a written request to a person to whom the electrical article or gas appliance was sold by the seller to return the article or appliance to the place at which it was sold, and (b) making the electrical article or gas appliance safe to use or rendering safe the use of the electrical article or gas appliance, in the manner specified in the notice. (4) The Secretary or the Minister may (whether or not on application of the seller) alter the requirements of a notice under this section or revoke the notice by further written notice served on the seller. 30 Requiring evidence of safety of electrical articles and gas appliances If the Secretary believes on reasonable grounds that an electrical article or model of electrical article, or a gas appliance, is, or is likely to become, unsafe to use because of its design or construction, the Secretary may, by written notice served on any person who sells the electrical articles or gas appliances, require the person— (a) to carry out the testing of the safety of the electrical article or model, or gas appliance, specified in the notice, and (b) to provide any other evidence concerning the safety of the electrical article or model, or gas appliance, that may be specified in the notice. 31 Persons must comply with notices issued under this Part (1) A person must not sell an electrical article or a gas appliance if the sale of that electrical article or gas appliance is prohibited by a notice in force under section 28. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. (2) A person must comply with any requirement to take action in respect of an electrical article or a gas appliance made of the person under a notice in force under section 29. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. (3) A person must comply with any requirement to test or provide evidence in respect of an electrical article or model of electrical article, or a gas appliance, under a notice in force under section 30. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. (4) A person is not guilty of an offence against this section if the person satisfies the court that the person had reasonable grounds for breaching or failing to comply with the prohibition or requirement to which the alleged offence relates. Note— An offence against subsection (1), (2) or (3) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. 32 Effect of Part on Fair Trading Act 1987 The provisions of this Part are in addition to, and not in derogation of, any provision of the Fair Trading Act 1987 or any regulation made under that Act. Part 5 Installations—electrical, gas and autogas Division 1 Electrical installation work, gasfitting work and autogas work 33 Work to be carried out by qualified persons (1) A person must not carry out gasfitting work, or employ any other person to carry out gasfitting work, unless the person by whom the work is carried out does so— (a) under the authority of an appropriate supervisor certificate, or (b) under the authority of an appropriate tradesperson certificate and under the general supervision of the holder of an appropriate supervisor certificate, or (c) under the immediate supervision of the holder of an appropriate supervisor certificate. Maximum penalty—1,000 penalty units in the case of a corporation or 200 penalty units in the case of an individual. (2) A person must not carry out autogas work, or employ any other person to carry out autogas work, unless the person by whom the work is carried out does so— (a) under the authority of an appropriate trade certificate, or (b) in the course of an apprenticeship or traineeship and under the supervision of the holder of an appropriate tradesperson's certificate, or (c) under the immediate supervision of the holder of an appropriate trade certificate. Maximum penalty—1,000 penalty units in the case of a corporation or 200 penalty units in the case of an individual. Note— Section 14 (Unqualified electrical wiring work) of the Home Building Act 1989 makes it an offence for a person to carry out electrical wiring work unless the person is authorised to do so under that Act. (3) In this section— supervisor certificate, in relation to a particular kind of gasfitting work, means a supervisor certificate in force under the Home Building Act 1989 authorising the holder to carry out, and to supervise, that kind of work, and includes a licence endorsed under that Act to show that it is the equivalent of such a certificate. trade certificate means— (a) in relation to autogas work carried out on an autogas installation that is designed for use with liquefied petroleum gas (LP Gas), a tradesperson's certificate granted under the Motor Dealers and Repairers Act 2013 in respect of a class of repair work that includes work of a liquefied petroleum gas mechanic, or (b) in relation to autogas work carried out on an installation that is designed for use with compressed natural gas (CN Gas), a tradesperson's certificate granted under the Motor Dealers and Repairers Act 2013 in respect of a class of repair work that includes work of a compressed natural gas mechanic, or (c) in relation to autogas work carried out on an installation that is designed for use with liquefied natural gas (LN Gas), a tradesperson's certificate granted under the Motor Dealers and Repairers Act 2013 in respect of a class of repair work that includes work of a liquefied natural gas mechanic. tradesperson certificate, in relation to a particular kind of gasfitting work, means a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to carry out that kind of work under general supervision. 34 Work to comply with regulations A person must not carry out— (a) electrical installation work, or (b) gasfitting work, or (c) autogas work on an autogas installation, otherwise than in accordance with the standards or requirements (if any) prescribed by the regulations for the purposes of this section. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. Note— An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. Division 2 Electrical, gas and autogas installations 35 Responsibilities of persons concerning the safety of electrical or gas installations (1) A person responsible for an electrical installation or a gas installation at a place must, to the best of the person's ability and knowledge, ensure that any parts of the installation that are prescribed by the regulations for the purposes of this section are maintained in accordance with the regulations while the installation remains connected to the source of the supply of electricity or gas. Maximum penalty—500 penalty units in the case of a corporation and 150 penalty units in the case of an individual. (2) A person responsible for an electrical installation at a place must not, if the installation has been lawfully disconnected for reasons of safety— (a) connect the electrical installation or any part of it, or (b) cause the installation or any part of it to be connected, to the source of supply of electricity until the installation has been made safe. Maximum penalty—500 penalty units in the case of a corporation and 150 penalty units in the case of an individual. (3) In this section— person responsible for an electrical installation or a gas installation at a place means— (a) the occupier of the place, or (b) if there is no occupier, any owner of the place. 36 Offence of interfering with electrical, gas or autogas installations (1) A person who carries out any type of work for fee or reward at or near a place where an electrical installation, a gas installation or an autogas installation is located must ensure that the carrying out of the work, and the work, do not interfere with the installation in a way that adversely affects the safety of the installation. Maximum penalty—500 penalty units in the case of a corporation and 200 penalty units in the case of an individual. (2) A person who— (a) carries out any type of work without fee or reward at or near a place where an electrical installation, a gas installation or an autogas installation is located, and (b) carries out the work in a way that adversely affects the safety of the installation, and (c) knows, or ought to have known, that the installation has been adversely affected, must as soon as is reasonably practicable after becoming aware that the installation has been adversely affected take reasonable steps to make the installation safe. Maximum penalty—500 penalty units in the case of a corporation and 200 penalty units in the case of an individual. 37 Restrictions on connection of gas appliances to certain gas installations (1) A person must not connect a gas appliance to, or modify a gas appliance connected to, a gas installation to which gas is supplied from a gas network unless the appliance, or appliance as modified, is a certified gas appliance. Maximum penalty—500 penalty units in the case of a corporation and 250 penalty units in the case of an individual. (2) A person must not connect a gas appliance to any other gas installation unless the appliance— (a) is a certified gas appliance that is labelled in accordance with the regulations, and (b) is suitable and safe for use with the gas with which it is designed to be used. Maximum penalty—500 penalty units in the case of a corporation and 250 penalty units in the case of an individual. (2A) Subsections (1) and (2) do not apply in respect of a person or class of persons, or gas appliance or class of gas appliances exempt from section 21(1). (3) Subsection (2) does not apply to— (a) anything that is done in the course of the carrying out of gasfitting work, or (b) anything that is done in the course of the testing of a gas installation by a person by whom gasfitting work is being carried out or by the holder of an appropriate supervisor certificate (within the meaning of section 33 (3)). 38 Regulation of installations The regulations may make provision for or with respect to the following matters— (a) testing, inspection and compliance requirements that must be carried out on completion of electrical installation work, gasfitting work or autogas work, (b) the sale of electrical installations or gas installations, or gas cylinders for autogas installations, (c) the use of electrical, gas or autogas installations, (d) the supply of gas for use in gas or autogas installations, (e) the connection of electrical articles to electrical installations, of gas containers, gas regulators or gas appliances to gas installations, or of gas cylinders to autogas installations. Division 3 Electrical meter installations 38AA Definitions In this Division— advanced meter means a meter that is a type 4 metering installation referred to in the National Electricity Rules, Chapter 7. Australian/New Zealand Wiring Rules means the Australian and New Zealand Standard, entitled AS/NZS 3000:2018, Electrical installations, (known as the Australian/New Zealand Wiring Rules), as in force from time to time, published jointly by Standards Australia and Standards New Zealand. metering co-ordinator has the same meaning as it has in the National Electricity Rules. retailer has the same meaning as it has in the National Energy Retail Law (NSW). 38AB Installation of advanced meters by retailers and metering co-ordinators (1) A retailer or metering co-ordinator who provides, installs, maintains or replaces an advanced meter must ensure that— (a) a person engaged to install an advanced meter— (i) is a qualified person, and (ii) has undertaken appropriate training in the installation of advanced meters, including de-energisation and re-energisation of electrical installations, and (b) safety and compliance testing is carried out in relation to each installation as required by the Gas and Electricity (Consumer Safety) Regulation 2018, Parts 8 and 9. (2) A retailer or metering co-ordinator must not install an advanced meter in relation to premises at which 1 or more persons require life support equipment unless the occupier of the premises is given— (a) at least 4 business days' notice of the proposed installation, or (b) a shorter period as may be agreed, in writing, between the occupier and retailer or metering co-ordinator. (3) The Electricity Supply Act 1995, Schedule 2, clauses 8—except for clause 8(1)(d)—and 9 apply to a retailer or metering co-ordinator who contravenes this section or section 38AC in the same way as they apply to a licensee who contravenes a requirement of the Electricity Supply Act 1995. (4) A retailer or metering co-ordinator must ensure the Asbestos Management Code of Practice is complied with in the installation, maintenance and replacement of an advanced meter. (5) For the avoidance of doubt, a person may only enter premises under section 55A for purposes relating to advanced meters if the requirements of this section are met. (6) In this section— Asbestos Management Code of Practice means the Code of Practice: How to Manage and Control Asbestos in the Workplace, published by SafeWork NSW in August 2019. life support equipment has the same meaning as it has in the National Energy Retail Rules. qualified person— (a) means a person authorised under the Home Building Act 1989 to do electrical wiring work without supervision, and (b) in relation to the testing of a consumer's aerial wiring system, within the meaning of the Australian/New Zealand Wiring Rules—includes a person who is authorised to test a distributor's overhead lines. 38AC Metering safety management system requirements (1) Without limiting section 38AB, a metering co-ordinator who provides, installs, maintains or replaces an advanced meter must have a safety management system in place that— (a) ensures compliance with section 38AB(1), and (b) satisfies the requirements of the Code for Safe Meter Installation. Maximum penalty— (a) for a corporation—500 penalty units, or (b) for an individual—250 penalty units. (2) A retailer must ensure that a metering co-ordinator engaged by the retailer to install, maintain or replace an advanced meter has a safety management system in place that complies with this section. (3) The Secretary may, by written notice, direct a metering co-ordinator to amend a safety management system if, in the opinion of the Secretary, the safety management system does not comply with this section. (4) The metering co-ordinator must comply with the direction. Maximum penalty— (a) for a corporation—500 penalty units, or (b) for an individual—250 penalty units. (5) Before providing, installing, maintaining or replacing an advanced meter, a metering co-ordinator must— (a) have provided documentation relating to the co-ordinator's safety management system to the Secretary, and (b) ensure— (i) the safety management system is brought to the attention of the persons engaged by the metering co-ordinator to install, replace or maintain an advanced meter, and (ii) a copy of the documents relating to the system are made readily available to those persons. Maximum penalty— (a) for a corporation—500 penalty units, or (b) for an individual—250 penalty units. (6) In this section— Code for Safe Meter Installation means the Code for safe installation of direct-connected whole current electricity metering in NSW—Minimum requirements for safety management systems, published in the Gazette by Treasury, as in force from time to time. Part 5A Medical gas Division 1 Medical gasfitting work and medical gas technician work 38A Work to comply with regulations (1) A person must not carry out medical gasfitting work, medical gas technician work or mechanical services and medical gas work otherwise than in accordance with the following— (a) the relevant Australian standards or, if a particular Australian standard is prescribed by the regulations in relation to the work, that Australian standard, (b) any relevant standards of the International Organization for Standardization that are prescribed by the regulations in relation to the work, (c) any standards or requirements specified by the Health Secretary by order in writing and published on the website of the Ministry of Health. Maximum penalty— (a) in the case of an individual— (i) 500 penalty units for a first offence, or (ii) 750 penalty units or imprisonment for 2 years, or both, for a second or subsequent offence, or (b) in the case of a corporation— (i) 5,000 penalty units for a first offence, or (ii) 7,500 penalty units for a second or subsequent offence. Note— An offence against this section committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 63. (2) To avoid doubt, a standard or requirement under subsection (1) may— (a) apply generally or be limited in its application by reference to specified exceptions or factors, or (b) apply differently according to different factors of a specified kind, or both. (3) In this section— Health Secretary means the Secretary of the Ministry of Health. Division 2 Medical gas installations 38B Responsibilities of persons concerning the safety of medical gas installations (1) A person responsible for a medical gas installation at a place must, to the best of the person's ability and knowledge, ensure that the installation is, while it is connected to the source of the supply of medical gas, maintained in accordance with— (a) the relevant Australian standards or, if a particular Australian standard is prescribed by the regulations in relation to the installation, that Australian standard, and (b) any relevant standards of the International Organization for Standardization that are prescribed by the regulations in relation to the installation. Maximum penalty—500 penalty units in the case of a corporation and 150 penalty units in the case of an individual. (2) In this section— person responsible for a medical gas installation at a place means— (a) the occupier of the place, or (b) if there is no occupier, any owner of the place. 38C Offence of interfering with medical gas installations (1) A person who carries out any type of work for fee or reward at or near a place where a medical gas installation is located must ensure that the carrying out of the work, and the work, do not interfere with the installation in a way that adversely affects the safety of the installation. Maximum penalty—500 penalty units in the case of a corporation and 200 penalty units in the case of an individual. (2) A person who— (a) carries out any type of work at or near a place where a medical gas installation is located, and (b) carries out the work in a way that adversely affects the safety of the installation, and (c) knows, or ought to have known, that the installation h