Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulationsinsert
Division 2.2 Appliance work
17A Accreditation to do appliance work
(1) The chief executive must approve a code in relation to the accreditation of people to do appliance work.
Note A person must not do appliance work of a particular kind unless accredited to do work of that kind (see the Act, s 13).
(2) The code may make provision in relation to accreditation, including provision for—
(a) the qualifications and practical experience required for accreditation; and
(b) the imposition of conditions on accreditation; and
(c) the duration and renewal of accreditation; and
(d) the suspension or cancellation of accreditation.
(3) A code approved under subregulation (1) is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001 .
(4) The chief executive must keep a register of people accredited to do appliance work.
(5) The register must contain the following details in relation to each person accredited to do appliance work—
(a) the type of appliance work the person is accredited to do;
(b) the period of the person's accreditation;
(c) any conditions imposed on the person's accreditation.
(6) The chief executive must make a copy of the register available for public inspection during ordinary office hours at the office of the chief executive and at any other place decided by the chief executive.
17B Certificate of accreditation
(1) An accredited appliance worker must not, without reasonable excuse, fail to produce his or her certificate of accreditation if asked to do so by—
(a) an inspector; or
(b) the owner or occupier of premises where the appliance worker is carrying out appliance work.
(2) If a person's accreditation is suspended or cancelled, the person must not, without reasonable excuse, fail to return his or her certificate of accreditation to the chief executive within 7 days after the day when the suspension or cancellation takes effect.
(3) After the end of a period of suspension of a person's accreditation, the chief executive must, on request, return the person's certificate of accreditation unless—
(a) the accreditation has been earlier cancelled or is further suspended; or
(b) the period of accreditation has ended.
17C Appliance work—testing
(1) Immediately after completing appliance work, an accredited appliance worker must—
(a) inspect and test the appliance; and
(b) ensure that the appliance operates in accordance with the manufacturer's instructions and specifications.
(2) An accredited appliance worker must keep, for at least 5 years, a record of appliance work done sufficient to identify the appliance worked on, the premises where the appliance is located and when the work was completed.
(3) An accredited appliance worker who keeps a record under subregulation (2) must not, without reasonable excuse, fail to produce the record if asked to do so by an inspector.
17D Unsafe appliance
(1) This regulation applies if an accredited appliance worker—
(a) inspects and tests an appliance under regulation 17C or at the request of the owner or occupier of the premises where the appliance is located; and
(b) believes on reasonable grounds the appliance is unsafe.
(2) The appliance worker must immediately—
(a) isolate the appliance from gas and electricity supplies; and
(b) if necessary, disconnect the appliance from the consumer piping system or the electricity supply; and
(c) securely attach, in a conspicuous place on the appliance, a defect tag that—
(i) indicates that the appliance is unsafe and should not be operated; and
Example
“danger, do not operate”
Note An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act 2001 , s 126 and s 132).
(i) indicates that the appliance has been isolated or disconnected; and
(ii) states the reason for the isolation or disconnection; and
(iii) states the name, accreditation number and telephone number of the appliance worker.
Maximum penalty: 10 penalty units.
Note If a defect tag is approved under reg 19 (Approved defect tags) for this regulation, the tag must be used.
(3) An appliance worker meets the requirements of subregulation (2) (a) if the appliance worker engages a qualified person to undertake necessary work for which the appliance worker is not qualified under the Act or the Electricity Safety Act 1971 .
(4) The appliance worker must give the owner or occupier of the premises written notice of the unsafe appliance—
(a) identifying the appliance and its location; and
(b) stating the date when the notice is given; and
(c) setting out the reason for the isolation of the appliance and the action necessary to make it safe; and
(d) stating the name, accreditation number and telephone number of the appliance worker.
Maximum penalty: 10 penalty units.
(5) The appliance worker must also tell an inspector about the unsafe appliance and the action taken under subregulation (2).
(6) An appliance worker who gives a notice under subregulation (4) must keep, for at least 5 years, a record of the notice sufficient to identify the unsafe appliance, the premises where the appliance is located and when the notice was given.
(7) An appliance worker who keeps a record under subregulation (5) must not, without reasonable excuse, fail to produce the record if asked to do so by an inspector.
17E Interfering with defect tag
(1) A person must not, without reasonable excuse, remove, alter, damage or deface a defect tag attached to an appliance.
Maximum penalty: 10 penalty units.
(2) Subregulation (1) does not apply to the removal of a defect tag by the person who attached it to the appliance, or by an inspector, if the person or the inspector believes on reasonable grounds that the appliance is safe.
(3) An inspector who removes a defect tag under subregulation (2) must, as soon as practicable, tell the person who attached the tag about the removal.
(4) In this regulation:
"defect tag" includes an approved tag attached to an appliance under the repealed Gas Supply Regulations, regulation 14 (2).