Australian Capital Territory Numbered Regulations

GAS SAFETY AMENDMENT REGULATIONS 2002 (NO 1) (NO 30 OF 2002) - REG 18

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Part 3A     Regulation of appliances

18A     Instruments applied by pt 3A

    (1)     The Legislation Act 2001 , section 47 (2) and (3) do not apply to an instrument applied by this part.

Note     The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or as at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act 2001 , s 47 (5) or (6) is not disapplied (see s 47 (7)).

    (2)     In this part:

"applied "includes adopted or incorporated.

18B     Appliances declared to be approved—Act, s 20 (1)

        The following kinds of appliances are approved:

        (a)     an appliance listed in the Australian Gas Association Directory of Certified Gas Appliances and Components , as in force from time to time;

        (b)     an appliance approved under the Australian Gas Association Second Tier Appliance Scheme (Individual Compliance Approval) before 20 December 2001 that meets the requirements of that scheme as in force when the appliance was approved;

        (c)     a type B appliance approved under the procedures for the approval of industrial and commercial appliances set out in the Australian Gas Association Standard 501 (Australian Standard 3814) before 20 December 2001 that meets the requirements of that standard as in force when the appliance was approved.

18C     Approval by chief executive, type A appliance—Act, s 21

    (1)     For the Act, section 21 (1) (a), the relevant examinations and tests for a type A appliance are—

        (a)     for an appliance to which a certification scheme under an Australian Gas Association code applies—the examinations and tests required by the scheme; and

        (b)     any other examinations and tests stated by the chief executive in a written notice given to the applicant.

    (2)     For the Act, section 21 (1) (b), the relevant requirements for a type A appliance are—

        (a)     for an appliance to which a certification scheme under an Australian Gas Association code applies—the approval requirements of the scheme; and

        (b)     any other requirements stated by the chief executive in a written notice given to the applicant.

18D     Approval by chief executive, type B appliance—Act, s 21

    (1)     For the Act, section 21 (1) (a), the relevant examinations and tests for a type B appliance are—

        (a)     the examinations and tests set out in the Australian Gas Association Standard AG 501 (Australian Standard 3814); and

        (b)     any other examinations and tests stated by the chief executive in a written notice given to the applicant.

    (2)     For the Act, section 21 (1) (b), the relevant requirements for a type B appliance are—

        (a)     the requirements for approval of industrial and commercial appliances set out in the Australian Gas Association Standard AG 501 (Australian Standard 3814); and

        (b)     any other requirements stated by the chief executive in a written notice given to the applicant.

18E     Application for approval of type B appliance

    (1)     An application under the Act, section 22 for approval of a type B appliance must be given to the chief executive before the appliance is installed.

    (2)     The application must comply with the procedures for the approval of industrial and commercial appliances set out in the Australian Gas Association Standard AG 501 (Australian Standard 3814), Appendix B, to the extent that they are not inconsistent with this regulation.

    (3)     The chief executive must, within 20 days after receiving an application—

        (a)     approve the commissioning of the appliance (with or without conditions); or

Example

It may be a condition of commissioning that the appliance be operated only in the presence of an accredited appliance worker.

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).

        (b)     refuse to approve the application; or

        (c)     extend the time for giving approval for commissioning of the appliance.

    (4)     The chief executive must, as soon as practicable—

        (a)     tell the applicant in writing of the decision under subregulation (3); and

        (b)     if the application is refused or the time for giving approval extended—give reasons for the decision.

18F     Prescribed circumstances for unapproved appliances—Act, s 24 (4)

The Act, section 24 does not apply in the following circumstances:

        (a)     the connection of an appliance to a consumer piping system or its use, in accordance with approval for commissioning, under regulation 18E;

        (b)     the connection of an appliance to a consumer piping system, or its use, with the chief executive's approval, for product testing, product development or experimental purposes;

        (c)     the sale, for scrap material, of an appliance that has been disabled for the use of gas.

18G     Compliance indicators—Act, s 25

    (1)     A compliance indicator must be attached in a conspicuous place to an appliance declared to be approved under regulation 18B.

    (2)     If an appliance is approved by the chief executive under the Act, section 20, the applicant for approval must attach a compliance indicator to the appliance, in a conspicuous place, as soon as practicable after it is approved.

    (3)     For this regulation, a compliance indicator for a type B appliance must be of durable material and contain at least the following information:

        (a)     a description of the appliance;

        (b)     the name and licence number of the gasfitter who connects the appliance to the consumer piping system;

        (c)     the name of the commissioning agent;

        (d)     the name and accreditation number of the accredited appliance worker who carries out the commissioning;

        (e)     the date of approval;

        (f)     the approval number;

        (g)     the following information expressed in kPa:

              (i)     the designed inlet pressure;

              (ii)     the maximum inlet pressure;

              (iii)     the outlet pressure;

              (iv)     the over pressure protection limit;

              (v)     the over pressure set point;

              (vi)     the high gas pressure switch (HGPS) setting.

Note 1     If a compliance indicator is approved under reg 19A (Approved compliance indicator) for this regulation, the approved indicator must be used.

Note 2     There is a penalty for attaching a compliance indicator to an appliance that is not approved (see the Act, s 26 (2)).

Note 3     There is a penalty for attaching to an appliance anything that falsely purports to be a compliance indicator (see the Act, s 26 (3)).

    (4)     A person must not, without reasonable excuse, remove, alter, damage or deface a compliance indicator attached to an appliance.

Maximum penalty: 10 penalty units.

18H     Prescribed circumstances for prohibited appliances—Act, s 28 (4)

The Act, section 28 does not apply in the following circumstances:

        (a)     the connection of an appliance to a consumer piping system, or its use, with the chief executive's approval, for product testing, product development or experimental purposes;

        (b)     the sale, for scrap material, of an appliance that has been disabled for the use of gas.