Tasmania: Gas Safety Act 2019 (Tas)

Gas Safety Act 2019 An Act to regulate the gas industry, to provide for safety and technical standards that ensure that the gas supply industry, gas facilities, gas installations, gas appliances, gas storage systems and gas conditioning systems are constructed, maintained and operated to a high standard of safety and in a manner that protects persons and property, and for related purposes [Royal Assent 9 April 2019] Be it enacted by Her Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Gas Safety Act 2019 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation (1) In this Act, unless the contrary intention appears – accepted safety case means – (a) a certified safety case that has been accepted or provisionally accepted under Part 3 ; or (b) if a revised safety case has been certified and accepted or provisionally accepted under that Part, that revised safety case; alter, in respect of gas infrastructure, gas installation or a gas storage system, means – (a) to relocate the infrastructure, installation or system, or a component of it; or (b) replace the infrastructure, installation or system, or a component of it, with a different make or model that changes the design or performance characteristics of the infrastructure, installation or system; or (c) adjust the infrastructure, installation or system, or a component of it, to change the design or performance characteristics of the infrastructure, installation or system; appliance means – (a) an assembly, other than a vehicle refuelling appliance, part of which uses gas to produce flame, heat, light, power or special atmosphere; or (b) an appliance that uses gas as a fuel; or (c) equipment or a system declared by the Director to be a gas appliance under section 40 – but does not include anything declared by the regulations not to be an appliance; authorised investigation means an authorised investigation within the meaning of section 75 ; authorised officer means a person currently appointed as an authorised officer under Part 5 ; automotive gas fuel system means a gas system that supplies gas as a fuel to an internal combustion engine for the main purpose of propulsion, regardless of whether or not the gas is supplied concurrently with another fuel; biogas means a mixture of gases that is produced by decomposition of organic matter and principally comprises methane and carbon monoxide together with lesser amounts of hydrogen sulphide, water vapour and other gases; certificate of compliance means a certificate referred to in section 37(1)(c) that is in the form required by the regulations; CNG means compressed natural gas; complex gas installation means a gas installation that is not – (a) a standard gas installation; or (b) an automotive gas fuel system; component means – (a) a permanently installed or attached fixture, module, section, element, piece or part of – (i) a gas installation; or (ii) a gas storage system; or (iii) an appliance; or (b) any other permanently installed or attached fixture, module, section, element, piece or part as is prescribed; or (c) any permanently installed or attached fixture, module, section, element, piece or part declared by the Director to be a component under section 40 – but does not include anything declared by the regulations not to be a component; compressed natural gas means natural gas which has been compressed and stored under pressure in a container but does not include natural gas stored in a pipeline; condition includes a limitation or restriction; contravene includes fail to comply with; convey, in respect of gas, means to transmit, distribute or otherwise convey by pipeline; council means a council within the meaning of the Local Government Act 1993 ; customer means a person to whom gas is available for supply for consumption in a place, and includes – (a) the occupier for the time being of a place to which gas is supplied for consumption in the place; and (b) a person to whom gas is available for such supply and who seeks such supply; and (c) a person whose supply of gas has been disconnected; determination means a determination issued under section 56 ; Director means the Director of Gas Safety appointed under section 8 ; disconnect, in relation to a gas supply, includes interrupt or discontinue the gas supply; distribution means the provision of gas through a distribution system; distribution system means the whole or part of a pipe or a system of pipes and equipment with an operating pressure not exceeding 1050 kPa for use in, or in connection with, the distribution and delivery of gas to persons for consumption, but does not include the following: (a) a transmission pipeline; (b) a system of pipes and equipment – (i) installed in a place for the conveyance and use of gas from a pressurised vessel situated in that place; and (ii) not extending to, or connected to, pipes in some other place in separate occupation; (c) pipes or equipment declared by the regulations not to be, or not to form part of, a distribution system; function includes duty; gas means any or all of the following: (a) natural gas; (b) liquefied petroleum gas; (c) compressed natural gas; (d) liquefied natural gas; (e) simulated natural gas; (f) tempered liquefied petroleum gas; (g) biogas; (h) petrochemical feed stock; (i) any other permanent or liquefied gas that is not declared by the regulations to be excluded from the operation of this Act; gas infrastructure means any part of a distribution system, transmission pipeline, or gas pipeline facility, owned or operated by a licensee; gas installation means, in respect of the use or intended use of gas – (a) any pipe or system of pipes for, or incidental to, the conveyance of gas and components or fittings associated with the pipe or system of pipes which are downstream from the gas supply point; or (b) any one or more of the following: (i) any appliance and associated components or fittings; (ii) any meter which is downstream from the gas supply point; (iii) any means of ventilation or system for the removal of combustion products which is downstream from the gas supply point; (iv) any gas storage system as prescribed; gas retailer means a licensee licensed under the Gas Industry Act 2019 to sell gas by retail; gas safety officer means a person appointed under Part 4 as a gas safety officer; gas storage system means a container, tank or cylinder for storing or holding gas and includes all associated pipe work, components, equipment and fittings, but does not include gas infrastructure; gas supplier means – (a) a person who – (i) receives a gas for supply or resale to a consumer in the course of trade or commerce; or (ii) supplies gas to a gas storage system that has a container with an individual capacity in excess of 25 litres; or (b) a licensee under the Gas Industry Act 2019 ; gas supply industry means any of the following: (a) the operation of a distribution system; (b) the operation of a transmission pipeline; (c) the retailing of gas; (d) the supply of gas by a gas supplier; (e) any operation for which a licence is required by the Gas Industry Act 2019 ; gas supply point means – (a) the outlet of a licensee's meter assembly used to measure a customer's gas use; or (b) if paragraph (a) does not apply, the point of delivery of gas between the gas supplier and the customer; or (c) if paragraphs (a) and (b) do not apply, the point designated by the system designer where there is a specification break between a gas storage system, or gas infrastructure, and the gas installation; or (d) if paragraphs (a) , (b) and (c) do not apply, the point determined by the Director; incident means any incident or event relating to the conveyance, supply or use of gas or another regulated substance which causes or has the potential to cause – (a) death or injury to a person; or (b) significant damage to property; or (c) an uncontrolled explosion, fire or discharge of gas or another regulated substance; or (d) an impact on the security of supply; label includes a stamp and mark; land includes – (a) an estate or interest in land (including an easement); and (b) a right or power over, or in respect of, land; licence means a licence granted and in force under the Gas Industry Act 2019 ; licensee means – (a) the holder of a licence under the Gas Industry Act 2019 authorising the carrying out of a regulated activity; or (b) a person who holds or has held a licence, authorising the carrying out of such an activity, that has been suspended or cancelled or has expired; or (c) the owner of a pipeline facility; liquefied natural gas means a hydrocarbon fluid composed predominantly of methane (CH4) refrigerated to the liquid phase; liquefied petroleum gas means a hydrocarbon composed predominantly of one or more of the following hydrocarbons: (a) propane (C3H8); (b) propene (propylene)(C3H6); (c) butane (C4H10); (d) butane (butylene)(C4H8); maintenance means performing operations to maintain the serviceability of the gas infrastructure, gas installation or gas storage system such as – (a) replacing service-type components such as filters or other consumable components required to maintain gas installation or gas storage system operation; or (b) performing basic appliance tuning adjustments; modify means – (a) the modification of an appliance, with a fixture or component which is different from that which was originally part of the manufactured, certified, registered or approved appliance; or (b) the modification of a Type B appliance accepted by the Director under section 54 ; or (c) the modification of any other thing as prescribed; natural gas means a substance which – (a) is in a gaseous state at standard temperature and pressure; and (b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane – and includes processed natural gas, but does not include anything declared by the regulations not to be natural gas; occupier, of land or a place, means a person who has, or is entitled to, possession or control of the land or place; operations includes activities; owner of land means – (a) if the land has been alienated from the Crown by the grant of an estate in fee simple or another estate or interest conferring a right to possession of the land, the person who holds the relevant estate or interest; or (b) in any other case, the Regulator or an authority or other person responsible for the management of the land; person includes – (a) any body of persons, corporate or unincorporate; and (b) any government department or other government body; pipeline means – (a) any part of gas infrastructure; and (b) any part of a transmission pipeline; and (c) any part of a pipeline extending to, or connected to pipes in, some other place in separate occupation; pipeline facility means a works used, or intended to be used, to extract, treat or store gas and includes the following: (a) a gas treatment facility; (b) a plant for liquid petroleum separation, treatment or storage; (c) a plant for liquid petroleum gas extraction or storage; (d) a storage tank and a pressurised vessel bunker; (e) a refinery – but does not include a pipeline or gas infrastructure declared by the regulations not to be a pipeline facility; processed natural gas means a natural gas that has been processed to be suitable for consumption, but does not include anything declared by the regulations not to be processed natural gas; protective work, in relation to gas infrastructure, means – (a) work that is necessary or expedient for the protection of the infrastructure or public safety; and (b) excavating land in order to carry out work of the kind referred to in paragraph (a) ; public land means land owned by – (a) the Crown; or (b) an instrumentality or agent of the Crown; or (c) a council or other local government body; quality, in respect of gas, includes odorisation, purity, temperature, pressure and composition; record includes – (a) a record in the form of a book or document, or in the form of a map; and (b) a record in the form of electronic data; regulated activity means an activity specified in section 4 ; regulated substance means – (a) gas; and (b) any other substance declared by the regulations to be a substance to which this Act applies; regulations means regulations made and in force under this Act; Regulator means the Tasmanian Economic Regulator appointed under section 9 of the Economic Regulator Act 2009 ; repair, in relation to gas installations, automotive gas fuel systems and gas storage systems, means – (a) to rectify faults and restore the installation, fuel system or storage system to an acceptable level of operation by removing and replacing (with like for like) worn, damaged or failed components or assemblies (replacement components may be new, used, overhauled or reconditioned); or (b) to rectify faults in the installation, fuel system or storage system by welding, aligning, tightening, securing or adjusting components; or (c) to work on any electrical component associated with the installation, fuel system or storage system control system – but does not include any modification or alteration which removes the installation, fuel system or storage system from its certified form or requires acceptance by the Director under section 54 ; reviewable decision means any direction, decision or determination under this Act other than a direction, decision or determination declared by this Act not to be reviewable; sell includes – (a) to barter or exchange; and (b) to let on hire; and (c) to advertise for sale or hire; and (d) to offer or expose for sale or hire; standard gas installation means – (a) a gas installation – (i) which contains only Type A appliances; and (ii) which is located in residential premises of a prescribed class or on land associated with such premises; or (b) a gas installation – (i) which contains only Type A appliances; and (ii) which is located in commercial premises of a prescribed class or on land associated with such premises; and (iii) in which the total gas consumption of the appliances does not exceed the relevant prescribed amount per hour; and (iv) in which the length of pipe from the gas supply point to the furthest appliance does not exceed the relevant prescribed length; or (c) a gas installation in or on a boat, caravan or any other thing as prescribed by the Director; statement of compliance means a statement referred to in section 37(1)(c) or section 54(4)(c) that is in the form required by the regulations; stationary engine means a gas-fuelled internal combustion engine forming part of a gas installation to which Division 5 of Part 3 applies; supply means the delivery of gas, by means of a distribution system, transmission pipeline, gas storage system or other infrastructure, to a gas supply point; transmission pipeline means – (a) the whole or any part of a pipeline with an operating pressure in excess of 1050kPa for the purpose of conveying a regulated substance from a point at or near the place of its production to any other place; and (b) the whole or any part of a pipeline that forms part of a system of pipelines for that purpose; and (c) tanks, machinery and equipment necessary for, or associated with, the operation of such a pipeline or system of pipelines – but does not include the following: (d) a pipeline located wholly within the site of an industrial plant; (e) a pipeline that forms part of a gas distribution system; (f) a system of pipes and equipment – (i) installed in a place for the conveyance and use of gas from a pressurised vessel situated in that place; and (ii) not extending to, or connected to, pipes in some other place in separate occupation; (g) pipes or equipment declared by the regulations not to be, or not to form part of, a transmission pipeline; (h) any part of a pipeline referred to in paragraph (d) or (e) for which a licence is required under the Petroleum (Submerged Lands) Act 1982 of Tasmania or the Petroleum (Submerged Lands) Act 1967 of the Commonwealth; Tribunal means the Tasmanian Civil and Administrative Tribunal; Type A appliance means an appliance (including a reconditioned, second-hand or used appliance) that has been approved by the Director in accordance with Division 4 of Part 3; Type B appliance means an appliance (including a reconditioned, second-hand or used appliance) that – (a) is not a Type A appliance, provided the Type A appliance is used in an application for which it was intended; and (b) has a gas consumption rating in excess of 10 megajoules per hour – and includes any components and fittings of an appliance complying with paragraphs (a) and (b) that are downstream from, and including, the appliance's manual shut-off valve; upgrading, in relation to gas infrastructure, includes the insertion of a new pipe inside any existing pipe that forms part of the infrastructure. (2) A reference in this Act to gas or another regulated substance extends to a mixture of substances of which gas or another regulated substance is a constituent part. (3) In this Act, a reference to retailing or to retail – (a) is a reference to the sale of gas by a licensee to a person for consumption, if the gas is to be conveyed (whether or not by the seller) to the person by a pipeline; but (b) does not include an activity declared by the regulations not to be retailing of gas. 4. Regulated activities (1) For the purposes of this Act, the following are regulated activities: (a) locating, inspecting, testing, operating, maintaining, repairing, altering, adding to, upgrading, replacing, decommissioning or removing gas infrastructure; (b) excavating land in order to carry out work of a kind referred to in paragraph (a) ; (c) construction of, or alteration to, a pipeline for carrying natural gas or another regulated substance; (d) operating and maintaining a pipeline for carrying natural gas or another regulated substance; (e) construction of, or alteration to, a pipeline facility for processing gas or another regulated substance; (f) operating and maintaining a pipeline facility used for processing gas or another regulated substance; (g) any other activities for which a licence is required under the Gas Industry Act 2019 . (2) In this Act, a reference to a regulated activity includes all operations and activities reasonably necessary for, or incidental to, that activity. 5. Application of Act (1) Subject to subsection (2) , this Act does not apply to a gas installation, or class of gas installations, used or installed before 17 December 2001. (2) The regulations may provide that a provision of this Act applies to a gas installation, or class of gas installations, used or installed before 17 December 2001 if the gas installation, or class of gas installations, is modified after that day. 6. Act binds Crown This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities. 7. Act does not derogate from certain Acts This Act is in addition to, and does not derogate from, the Gas Industry Act 2019 , the Work Health and Safety Act 2012 and the Dangerous Goods (Road and Rail Transport) Act 2010 . PART 2 - Administration Division 1 - Director of Gas Safety 8. Director of Gas Safety (1) The Minister is to appoint a State Service officer or State Service employee to be Director of Gas Safety and that officer or employee holds that office in conjunction with State Service employment. (2) The Director is to perform the functions imposed, and may exercise the powers conferred, on the Director under this Act. 9. Functions of Director The Director has the following functions: (a) to monitor and regulate safety and technical standards in respect of gas infrastructure, regulated activities and associated works; (b) to monitor and regulate safety and technical standards in respect of gas storage systems, gas installations, gas appliances, automotive gas fuel systems and associated works. 10. Delegation (1) The Director may, by instrument in writing, delegate to any person who, in the Director's opinion, is competent and suitable, the exercise of the powers of the Director under this Act (other than this power of delegation) that are specified in the instrument of delegation. (2) Notwithstanding any delegation under this section, the Director may continue to exercise all or any of the powers delegated. 11. Director may require information to be provided (1) The Director may, by written notice, require a person to give the Director, within a reasonable time stated in the notice, information in the person's possession that the Director reasonably requires for the administration of this Act. (2) A person required to give information under this section must provide the information within the time stated in the notice. Penalty: Fine not exceeding 100 penalty units. (3) A person may not be compelled to give information under this section if the information might tend to incriminate the person of an offence. (4) A requirement under this section is not a relevant decision under Part 6 . 12. Obligation to preserve confidentiality (1) The Director must preserve the confidentiality of information gained in the course of administering this Act (including information gained by an authorised officer under Part 5 ) that – (a) could affect the competitive position of a gas supplier or other person; or (b) is commercially sensitive for some other reason. (2) Subsection (1) does not apply to the disclosure of information between persons engaged in the administration of this Act. (3) Information classified by the Director as confidential is not liable to disclosure under the Right to Information Act 2009 . 13. Report by Director (1) The Director must, within 4 months after the end of each 3-year period, starting on the day on which this Act commences, deliver to the Minister a report on the Director's operations during that period. (2) A report must include any information required by the Minister. (3) The Minister must cause a copy of each report to be laid before both Houses of Parliament as soon as practicable after receiving it. 14. Advisory committees (1) The Minister or the Director may establish an advisory committee to advise the Minister or the Director, respectively, on specified aspects of the administration of this Act. (2) The members of an advisory committee are appointed and hold office on terms and conditions determined by the Minister. 15. Mediation of disputes (1) If a dispute arises as to the activities of a licensee, a party to the dispute may request the Director to mediate in the dispute. (2) If requested under subsection (1) to mediate in a dispute, the Director – (a) may mediate, or decline to mediate, in the dispute; and (b) may give, to the parties to the dispute, directions to assist in the resolution of the matters to which the dispute relates; and (c) must assist the parties to agree to a settlement that is negotiated between the parties. (3) If the parties to a dispute in which the Director has mediated agree to a settlement, the parties and the Director must sign a document setting out the terms of the settlement. (4) The terms of a settlement of a dispute signed under subsection (3) are binding on the parties. Division 2 - Annual fee 16. Annual fee (1) A gas supplier must pay to the Director annually and in advance a fee determined by the Director that represents a reasonable contribution towards the costs of the administration of this Act having regard to the nature and scale of the operations of that gas supplier. (2) If a gas supplier fails to pay a fee in accordance with subsection (1) – (a) the amount in arrears, unless the Director determines otherwise, is to be increased by penalty interest at the prescribed rate; and (b) the Director may impose on the gas supplier a fine of an amount fixed by the Director up to a limit of 10 penalty units or 10% of the outstanding fee, whichever is the greater. (3) The Director may, for any reason he or she considers appropriate, remit, either wholly or in part, any penalty interest or fine imposed under subsection (2) . (4) A fee and any penalty interest or fine imposed by the Director under this section may be recovered from the gas supplier by the Director as a debt due to the Crown in any court of competent jurisdiction. PART 3 - Safety of Infrastructure, Installations and Appliances Division 1 - General requirements for safe operation 17. General requirements for safe operation A person who owns or operates gas infrastructure, a gas installation, automotive gas fuel system or gas storage system must take reasonable steps to ensure that – (a) the infrastructure, gas installation, automotive gas fuel system or gas storage system complies with, and is operated in accordance with, any technical and safety requirements imposed under the regulations; and (b) the infrastructure, gas installation, automotive gas fuel system or gas storage system is safe and safely operated; and (c) the infrastructure, gas installation, automotive gas fuel system or gas storage system is maintained in a safe condition in accordance with prescribed standards and determinations; and (d) the installation or gas storage system is maintained and operated in accordance with – (i) any safety management system or risk analysis provided to the Director under section 54 ; and (ii) the regulations. Penalty: Fine not exceeding 1 000 penalty units. 18. Regulated activities to be carried out with due care A licensee must carry out regulated activities with due care having particular regard to – (a) the health and safety of any person who may be affected by those activities; and (b) the need to ensure that pipelines or pipeline facilities for transporting and processing gas are designed, constructed, managed and operated prudently so as to provide a reliable and adequate supply of gas; and (c) compliance with prescribed standards and determinations; and (d) good industry practice. Penalty: Fine not exceeding 1 000 penalty units. 19. Gas quality (1) A licensee must ensure that, as far as practicable, the gas which it conveys – (a) meets the prescribed standards of quality; and (b) complies with any other prescribed requirements. Penalty: Fine not exceeding 1 500 penalty units. (2) A licensee that supplies or sells gas to a customer for use in a gas installation must ensure that, as far as practicable, the gas supplied or sold – (a) meets the prescribed standards of quality; and (b) complies with any other prescribed requirements. Penalty: Fine not exceeding 1 500 penalty units. 20. Offence to supply or sell gas to unsafe gas installation (1) A person must not knowingly supply or sell gas for use in an unsafe gas installation. Penalty: Fine not exceeding 1 500 penalty units. (2) A licensee or gas supplier must not knowingly supply or sell gas for use in a gas installation which does not comply with this Act, otherwise than with the approval of the Director. Penalty: Fine not exceeding 1 500 penalty units. (3) For the purpose of ensuring under this section that a gas installation complies with the technical and safety requirements of the Act, a person may rely on – (a) a certificate of compliance; and (b) a statement of compliance – in respect of the installation. 21. Mandatory reporting of gas incidents (1) A licensee or gas supplier must report to the Director in accordance with the regulations any incident which occurs in respect of gas infrastructure, a gas storage system, or a gas installation, of that licensee or gas supplier. Penalty: Fine not exceeding 500 penalty units. (2) A licensee or gas supplier must report to the Director, as soon as practicable, any incident of which it is aware and which occurs in respect of a gas installation to which it supplies or sells gas. Penalty: Fine not exceeding 500 penalty units. (3) A owner and operator of a gas installation, gas appliance, automotive gas fuel system or gas storage system must report to the Director, as soon as practicable, any incident which occurs in respect of the gas installation, gas appliance, automotive gas fuel system or gas storage system. Penalty: Fine not exceeding 500 penalty units. (4) The Chief Officer of the Tasmania Fire Service must report to the Director any fire or explosion in which he or she suspects gas was a cause or contributing factor. (5) A person must not unnecessarily interfere with or alter any gas infrastructure, gas installation, automotive gas fuel system or gas storage system so as to prevent a proper investigation of any incident caused by the operation or condition of that infrastructure, installation, fuel system or storage system. Penalty: Fine not exceeding 1 000 penalty units. 22. Director to provide gas infrastructure certificate to Regulator (1) A proponent or licensee applying for a licence, or alteration to a licence, under the Gas Industry Act 2019 must provide the Director with a design basis or revised safety case under Division 2 of Part 3 , that demonstrates compliance with any relevant determination and the standards and codes prescribed by the regulations. (2) Before submitting a design basis or revised safety case to the Director, the licensee must – (a) undertake a safety management study or formal safety assessment as required by the prescribed standards; and (b) ensure that the design basis, safety management study and formal safety assessment are independently certified by a person approved by the Director as conforming to any prescribed standard. (3) If the Director is not satisfied that a design basis, safety management study or formal safety assessment provides for the safe design, construction or operation of a pipeline, the Director may require the licensee to provide additional information. (4) A design basis or safety case may be submitted in stages. (5) A design basis or safety case may apply to more than a single piece of infrastructure. (6) The Director and the licensee applying for a licence, or amendment to a licence, must both comply with relevant gas infrastructure construction, commissioning and operation requirements prescribed in the regulations. (7) The Director must, if satisfied that the design basis or safety case has been prepared in accordance with this Act, the regulations for the safe construction or operation of gas infrastructure and the Director's directions, provide the Regulator with a certificate stating that in the opinion of the Director the pipeline or pipeline facility has, or will have, the necessary ability to safely convey, or safely process, the regulated substance intended to be processed or conveyed under the licence. Division 2 - Licensee safety case 23. Safety case (1) A licensee must submit to the Director a safety case that demonstrates compliance with a determination and the standards and codes prescribed by the regulations. (2) Before submitting a safety case, the licensee must ensure that the safety case, or a part of it, is independently certified in a manner, and by a person, approved by the Director, as conforming to any relevant standard or determination. (3) A safety case for gas infrastructure must – (a) be in writing; and (b) specify the safety management system being followed, or to be followed, and state the risk management activities undertaken, or to be undertaken, by the licensee – (i) to comply with the licensee's duties under Division 1 ; and (ii) in respect of any other matters, relating to the safe conveyance, supply, sale, measurement or control of gas or another regulated substance, that are prescribed. (4) A licensee must not commission or commence to operate a gas infrastructure unless a certified safety case for that infrastructure has been accepted or provisionally accepted by the Director. Penalty: Fine not exceeding 1 500 penalty units. (5) A safety case may be submitted in stages. (6) A safety case may apply to more than a single piece of gas infrastructure. (7) A licensee must thoroughly review and revise its safety case and submit it to the Director for approval – (a) in accordance with the review schedule contained in the plan; or (b) every 5 years – whichever is more frequent. Penalty: Fine not exceeding 500 penalty units. 24. Additional safety plan If a safety case does not, in the opinion of the Director, provide for the safe construction of gas infrastructure, the Director may require the licensee to provide an additional safety plan for the construction. 25. Auditing of safety case (1) A licensee must have the implementation of its safety case audited as required by the Director. Penalty: Fine not exceeding 500 penalty units. (2) Within 14 days of receiving an audit report under subsection (1) , the licensee must submit a copy of it to the Director. Penalty: Fine not exceeding 500 penalty units. 26. Additional information (1) The Director may require a licensee to provide any additional information that the Director thinks fit in respect of a safety case submitted by the licensee under this Division. (2) The Director is not required to proceed with the consideration of a safety case until the additional information is provided. 27. Certification of safety case for pipeline facility (1) A licensee for a pipeline facility must obtain an independent certification of a safety case before submitting that safety case to the Director. (2) The certification of a safety case must assess the design, construction, commissioning or operation of a pipeline facility to which the safety case relates and any other matters relating to the fitness of the pipeline facility. (3) The licensee must establish to the satisfaction of the Director that each person undertaking the certification of a safety case or part of a safety case has the necessary competence and ability, and access to information, to form an independent opinion on the validity of a safety case or part of a safety case. (4) The Director is not required to consider a safety case until the independent certification is provided. 28. Acceptance of safety case The Director must accept a certified safety case submitted under this Division if satisfied that it has been prepared in accordance with this Act for the safe construction and operation of gas infrastructure, and the Director's directions. 29. Provisional acceptance of safety case (1) The Director may provisionally accept a certified safety case that has not been prepared in accordance with this Act or the Director's directions if – (a) the Director is satisfied that any deviation from the Director's directions is minor; and (b) despite that deviation, the safety case provides for the safe operation of the gas infrastructure. (2) If the Director provisionally accepts a safety case, he or she must notify the licensee in writing of the provisional acceptance. (3) The notice of provisional acceptance must state – (a) the period during which the provisional acceptance will be in force; and (b) the extent to which the safety case has been accepted; and (c) any limitations or conditions that will apply in respect of the use or operation of the gas infrastructure or regulated activities while the provisional acceptance is in force. 30. Non-acceptance of safety case (1) If the Director does not accept or provisionally accept a safety case, the Director must – (a) notify the licensee in writing of the non-acceptance; and (b) give the licensee an opportunity to modify and resubmit the safety case. (2) A modified safety case must be submitted to the Director within 28 days after the notice is given under subsection (1) . (3) If, after considering a modified safety case submitted under this section, the Director decides not to accept it, the Director must give notice in writing of that decision to the licensee, including the reasons for that decision. 31. Director may determine safety case (1) The Director may determine the safety case which is to apply in respect of gas infrastructure which is in operation at the time of the determination if – (a) the licensee fails to submit a safety case for the gas infrastructure in accordance with this Act; or (b) the Director has decided not to accept a safety case for the gas infrastructure. (2) If the Director determines the safety case to apply to gas infrastructure under this section – (a) the Director must give notice in writing to the licensee of that determination; and (b) the licensee must pay the costs associated with determining the safety case. (3) On notice being given to the licensee under subsection (2) , the safety case determined by the Director is taken for the purposes of this Act to be the accepted safety case for the gas infrastructure to which it applies. (4) Nothing in subsection (3) prevents a licensee from submitting a safety case or a revised safety case for gas infrastructure to the Director for acceptance under this Division. 32. Compliance with safety case (1) A licensee must comply with the accepted safety case for gas infrastructure in respect of the design, construction, commissioning, management and operation of the gas infrastructure. Penalty: Fine not exceeding 1 500 penalty units. (2) A licensee must comply with the accepted safety case for gas infrastructure in respect of the removal, dismantling or decommissioning of the gas infrastructure. Penalty: Fine not exceeding 500 penalty units. (3) A licensee must not – (a) undertake or permit a modification of gas infrastructure that has the potential to significantly increase the overall levels of risk in respect of the gas infrastructure; or (b) undertake or permit a modification of gas infrastructure that has the potential to significantly influence the level of a particular risk or the ranking of risk contributing factors; or (c) make or permit a significant change to the safety management system in respect of gas infrastructure – unless the Director has accepted a certified revision of the design basis or safety case in respect of that matter for that infrastructure under section 28 . Penalty: Fine not exceeding 1 500 penalty units. 33. Revision of safety case A licensee must submit a revised safety case for gas infrastructure to the Director if – (a) developments in technical knowledge or the assessment of hazards relevant to the gas infrastructure make it appropriate to revise the safety case; or (b) proposed significant modifications of the gas infrastructure could increase the overall levels of risk, or danger to persons or property; or (c) a proposed modification of the gas infrastructure may significantly influence the level of a particular risk or the ranking of risk contributing factors; or (d) the licensee proposes to make a significant change to the safety management system for the operation and management of the gas infrastructure; or (e) the licensee or gas infrastructure changes ownership; or (f) the licensee proposes to make a significant change in respect of the operations or maintenance contractor for the operation and management of the gas infrastructure; or (g) the licensee proposes to dismantle, decommission or remove any part of the gas infrastructure in a manner different from the procedures set out in the safety case. 34. Director may require submission of revised safety case (1) The Director may at any time require a licensee to submit a revised safety case for gas infrastructure of the licensee. (2) The requirement must – (a) be in writing; and (b) set out – (i) the matters to be dealt with by the required revision; and (ii) the proposed date of effect of the revision; and (iii) the grounds for the requirement. (3) The licensee of which the requirement is made may make a submission to the Director on all or any of the following grounds: (a) that the revision should not occur; (b) that the revision should be in different terms from the proposed terms; (c) that the revision should take effect on a later date than the proposed date of effect. (4) The submission must – (a) be in writing; (b) state the licensee's reasons for the submission; and (c) be made within 28 days, or such later period as the Director allows in writing, after notice of the requirement is received. (5) If a licensee makes a submission under this section, the Director must – (a) accept the submission or part of the submission and vary or withdraw the requirement accordingly; or (b) reject the submission. (6) The Director must give the licensee notice in writing of his or her acceptance or rejection of the submission and the reasons for it. 35. Offence to fail to submit revised safety case when required If the Director requires the revision of a safety case under section 34 , the licensee must submit a revised safety case for the gas infrastructure to the Director – (a) within a time that is not less than 60 days specified by the Director in the requirement, if the licensee does not make a submission under that section; or (b) if the licensee has made a submission under that section and the Director has not withdrawn the requirement, within a time that is not less than 60 days specified by the Director in his or her decision on the submission. Penalty: Fine not exceeding 400 penalty units. 36. Application of provisions to revised safety case Sections 25 to 32 , inclusive, apply to the revision of a safety case in the same manner as they apply to a safety case. Division 3 - Gas infrastructure, gas installation, automotive gas fuel system, gas storage systems and gas-fitting work 37. Carrying out of certain gas-fitting work (1) A person who carries out gas-fitting work on a gas installation, automotive gas fuel system or proposed gas installation or automotive gas fuel system must ensure that – (a) the work is carried out as required under the regulations; and (b) examinations and tests are carried out as required under the regulations; and (c) the requirements of the regulations as to notification and certificates of compliance and statements of compliance are complied with. Penalty: Fine not exceeding 100 penalty units. (2) A person may apply to the Director in accordance with the regulations for an exemption from all or any of the standards or requirements referred to in this section. (3) The Director may grant an exemption if satisfied that – (a) compliance with the standard or requirement does not warrant the cost of compliance; and (b) the degree of safety attained by other means is acceptable. (4) An exemption may be granted on such conditions as are specified in the exemption. (5) A person to whom an exemption applies must comply with any conditions specified in the exemption. Penalty: Fine not exceeding 100 penalty units. 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 – (a) take the action required to be taken for the direction to be complied with or arrange for the action required for the direction to be complied with to be taken; and (b) if a person contravenes a direction, the Director, or a person authorised in writing by the Director – (i) may take any action that is reasonable and necessary to give effect to the direction; and (ii) recover from the licensee, gas supplier, person in charge of the gas installation or automotive gas fuel system, or the occupier of the place in which the installation is situated, in any court of competent jurisdiction, as a debt due to the Crown, the cost of taking the action. Division 4 - Gas appliances and components 39. Interpretation of Division In this Division – external authority means an authority or person approved by the Director as an external authority for the purposes of this Division. 40. Gas appliances and components to which this Division applies (1) This Division applies to – (a) gas appliances and components of a class specified in the relevant standard prescribed in the regulations, or in a relevant appendix to that standard; and (b) gas appliances and components of a class declared by the Director, by notice in the Gazette, to be gas appliances or components to which this Division applies. (2) The Director may, by notice in the Gazette – (a) declare gas appliances or components of a specified class to be gas appliances or components to which this Division applies; or (b) vary or revoke a previous declaration under this section. 41. Relevant standard (1) A standard is a relevant standard for a gas appliance or component to which this Division applies, if – (a) it is stated in the relevant Australian Standard to be – (i) a standard applicable to the gas appliance or component, or the relevant class of gas appliances or components; or (ii) a standard accepted by the Director instead of such a standard; or (b) it is prescribed by the regulations to be a relevant standard for this Division; or (c) where there is no standard applicable under paragraph (a) or (b) , the Director declares it to be a relevant standard for the gas appliance or component of the relevant class. (2) The Director may, by notice in the Gazette – (a) declare that a particular standard is the relevant standard for gas appliances or components of a specified type; or (b) vary or revoke a previous declaration under this section. 42. Approval of gas appliances and components (1) A gas appliance or component to which this Division applies is taken to be approved if – (a) it is approved by the Director under this Division; or (b) it is approved, registered or certified by an external authority. (2) The Director may, by notice in the Gazette – (a) approve, subject to any conditions that the Director thinks fit, an authority or any other person as an external authority for the purposes of this section; and (b) vary or revoke a previous approval issued under this section; and (c) direct an external authority to operate its gas appliance approval or certification scheme in accordance with rules or instructions prescribed by the Director in the notice. (3) A notice under this section is not a statutory rule within the meaning of the Rules Publication Act 1953 . 43. Labelling of gas appliances and components (1) A gas appliance or component to which this Division applies is labelled as required under this Division if – (a) in the case of an appliance or component approved by the Director under this Division, it is labelled as required under the conditions of its approval; or (b) in the case of an appliance or component approved by an external authority – (i) it displays a regulatory compliance label in accordance with the relevant Australian Standard for gas appliances; or (ii) it is labelled as required by the law in force in the jurisdiction of the external authority; or (iii) it is labelled as required by any instructions prescribed by the Director under section 42(2)(c) . (2) A person must not – (a) label a gas appliance or component in a way that suggests it is approved by the Director or an external authority if it is not in fact so approved; or (b) make any form of representation to the effect that a gas appliance or component is approved by the Director or an external authority, or from which it might reasonably be inferred that a gas appliance or component is approved by the Director or an external authority, if it is not in fact so approved; or (c) misuse a label for indicating approval of a gas appliance or component. Penalty: Fine not exceeding 100 penalty units. 44. Application for approval of gas appliances by the Director An application for approval of gas appliances and components of a certain class by the Director – (a) must be made to the Director in an approved form; and (b) must be accompanied by – (i) a declaration by the applicant that a representative sample of the appliances or components has been tested and examined by a specified testing laboratory approved by the Director; and (ii) a report from a suitably qualified person from the relevant laboratory stating that the appliance or component has been tested and examined by reference to the relevant standard and stating the results of the tests and examination; and (iii) if the Director so requires, a sample of the appliance or component; and (iv) any other relevant information that the Director requires about the construction, operation or safety of the appliance or component. Penalty: Fine not exceeding 100 penalty units. 45. Approval of appliances by Director (1) The Director may approve gas appliances and components of a particular class if satisfied that they comply with the requirements of the relevant standard. (2) When the Director approves gas appliances and components of a certain class, he or she must – (a) assign an identification number indicating approval of appliances or components of the relevant class; and (b) issue a certificate of approval in respect of appliances or components of the relevant class to the applicant. (3) If the Director decides not to approve gas appliances or components of a certain class, he or she must give the applicant written notice of the decision not to approve the appliances or components – (a) setting out the reasons for the decision; and (b) stating the applicant's right of appeal under Part 6 . 46. Offence to install Type A appliance or component unless approved A person must not knowingly install a Type A appliance or a component unless the appliance or component has been approved as required under this Division by the Director or an external authority. Penalty: In the case of – (a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units. 47. Sale of gas appliances and components (1) A person must not sell a Type A appliance, or a component of a prescribed class, unless the appliance or component – (a) is approved as required under this Division; and (b) is labelled as required under this Division; and (c) complies with the relevant standard for the appliance or component. Penalty: In the case of – (a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units. (2) This section does not affect – (a) a sale of a gas appliance or component, requiring approval under this Division, that takes place within 6 months after the approval of the relevant class of appliances or components has expired; or (b) the sale of second-hand goods; or (c) the sale of a Type B appliance. (3) The exclusion specified in subsection (2) does not apply to a gas appliance or component – (a) whose approval issued under this Division has been suspended or cancelled by the Director or an external authority for safety reasons; or (b) that does not comply with the relevant standard for the appliance or component; or (c) that is subject to prohibition under section 50 . 48. Offence to use Type B appliances A person must not use a Type B appliance or a class of Type B appliances – (a) unless the gas installation of which the appliance forms a part has been accepted by the Director in accordance with section 54 ; or (b) otherwise than in prescribed circumstances. Penalty: In the case of – (a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units. 49. Offence to alter approved or accepted gas appliance and component A person must not modify an approved or accepted gas appliance or component, unless the Director has given written approval for the modification. Penalty: In the case of – (a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units. 50. Prohibition of supply of appliances or components (1) The Director, by notice published in the Gazette and in a newspaper circulating generally in the State, may prohibit the supply, sale or use of – (a) an appliance or component; and (b) appliances or components of a specified class. (2) A prohibition under subsection (1) takes effect from the date of publication of the notice or from such later date as is specified in that notice. (3) The Director, by notice in writing given to a person, may prohibit that person from supplying, selling or using – (a) an appliance or component; and (b) appliances or components of a specified class. (4) A notice under subsection (3) takes effect from the date of the notice or such later date as is specified in the notice. (5) The Director may exercise a power of prohibition under this section only if it appears to the Director that – (a) the appliance or component, or the appliances or components of the specified class, are not approved under this Division; or (b) the appliance or component, or the appliances or components of the specified class, do not comply with the relevant standard for a gas appliance to which this Division applies; or (c) the appliance or component, or an appliance or component of the specified class is, or is likely to become, by reason of its design or construction, unsafe to use; or (d) prohibition of the supply, sale or use of the appliance or component, or of all appliances or components of the specified class, is warranted by reason of the risk of death or injury to any person or damage to any property arising out of the use of that appliance or component, or of appliances or components of that class. (6) The Director may withdraw a prohibition made under subsection (1) by notice published in the Gazette and in a newspaper circulating generally in the State. (7) The Director may withdraw a prohibition made under subsection (3) by notice given to the person to whom the notice of prohibition was given. 51. Offence to disobey prohibition A person must not, while a prohibition under section 50 remains in force, contravene that prohibition. Penalty: In the case of – (a) a body corporate, a fine not exceeding 200 penalty units; or (b) a natural person, a fine not exceeding 50 penalty units. 52. Recall of appliances or components (1) The Director, by notice in writing served on a person – (a) whose business is, or includes, the supply or sale of appliances or components; or (b) who has supplied or sold an appliance or component, or an appliance or component of a specified class – may require the person to take, within a period specified in the notice, any action specified in the notice. (2) The Director may make a requirement under this section only if it appears to the Director that – (a) a specified appliance or component, or an appliance or component of a specified class, is, or is likely to become, by reason of its design or construction, unsafe to use; or (b) specific action is necessary – (i) to make a specified appliance or component, or appliance or component of a specified class, safe to use; or (ii) to render safe the use of a specified appliance or component, or appliance or component of a specified class. (3) The action specified in the notice may consist of or include – (a) sending a written request to the person, to whom the specified appliance or component, or appliance or component of the specified class, was supplied or sold, to return the appliance or component to the place at which it was supplied or sold; and (b) placing an advertisement in a form approved by the Director in a newspaper or newspapers specified by the Director, for a period or periods specified by the Director, requesting all persons, to whom the specified appliance or component, or appliance or component of the specified c