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GAS SAFETY AMENDMENT REGULATIONS 2002 (NO 1) (NO 30 OF 2002)
2002
THE LEGISLATIVE
ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
GAS SAFETY ACT
2000
GAS SAFETY REGULATIONS AMENDMENT 2002
(NO.1)
EXPLANATORY
STATEMENT
SL2002-30
Circulated by authority of
Simon Corbell MLA
Minister for
Planning
The Gas Safety Regulations Amendment 2002 amends the Gas Safety
Regulations 2001. These amending regulations help to complete the
legislative scheme governing the use of natural gas, deal with the safety of gas
appliances and appliance work and give effect to the provisions of Division 2.2
and Part 4 of the Act.
The new regulations cover three main topics.
These are:
• procedures and standards for safe work on gas
appliances;
• approval procedures and requirements for gas appliances,
whether the appliances are domestic, commercial or industrial; and
• an accreditation scheme for gas appliance workers.
The
details of the accreditation scheme will appear in a code made under the
regulations and approved by the Chief Executive.
For the approval of
gas appliances, the Regulations adopt the standards of the certification scheme
conducted by the Australian Gas Association. Those standards are well accepted
inside and beyond Australia.
The accreditation code must include
qualifications and practical experience. Accreditation and training schemes,
both within and outside the ACT, have been identified and developed to ensure
that applicants are comprehensively assessed. Training will be available for
applicants who do not fully meet the accreditation criteria.
The
introduction of the accreditation scheme is the final step in the implementation
of a comprehensive gas safety regime in the ACT. It will provide consumers with
increased confidence that the people who undertake work on both domestic and
commercial gas appliances are fully competent to perform the work. It also
provides the administration with a comprehensive system that ensures gas
appliance workers are accountable for the work they undertake, and that those
not qualified or failing to maintain acceptable work standards, will no longer
be able to work on gas appliances.
The Amendment is made pursuant to the following sections of the
Act.
Section 5 of the Act provides that the meaning of gas safety
legislation includes regulations under the Act.
Section 20 of the Act
provides that the regulations may declare appliances of a stated kind to be
approved.
Section 21 of the Act provides that the chief executive may
approve appliances of a stated kind if satisfied that:
- the relevant
examinations and tests required under the gas safety legislation have been done;
and
- appliances of that kind comply with the relevant requirements of the
gas safety legislation.
Subsection 24(4) provides that unapproved
appliances may be sold, connected or used only in circumstances prescribed under
the regulations.
Subsection 25(1) provides that an appliance can be sold
only if a compliance indicator is attached to the appliance in accordance with
the regulations.
Subsection 28(4) provides that prohibited appliances
may be sold, connected or used only in circumstances prescribed under the
regulations.
Section 72 of the Act provides that regulations may be made
in relation to:
• the construction, installation or positioning of
consumer piping systems or appliances; and
• the safety of people who
own, or are likely to be near, a consumer piping system or an appliance;
and
• the doing, inspecting and testing of gasfitting work or appliance
work, including requirements for related notices; and
• compliance
indicators, including their attachment to consumer piping systems or appliances
and their removal; and
• certificates of compliance, including their
provision and safekeeping; and
• the accreditation of people for
appliance work, including-
- the qualifications and practical experience
required for accreditation; and
- the imposition of conditions on
accreditation; and
- the duration and renewal of accreditation; and
- the
suspension or cancellation of accreditation.
In the Dictionary of the
Act, the meaning of gasfitting work includes work declared under the
regulations to the gasfitting work.
The overall aim of the new provisions is to facilitate the implementation
of Division 2.2 and Part 4 of the Act.
The new provisions prescribe
certain matters required under Division 2.2 and Part 4 or the Act. Such matters
include:
- declaration of appliance approval by regulations;
and
- examination, tests and requirements for appliance approval by the chief
executive; and
- circumstances under which unapproved and prohibited
appliances may be sold and used; and
- issuance and attachment requirements
of appliance compliance indicators.
The new provisions establish the
responsibilities for person doing or supervising gas appliance work. These
responsibilities include conforming to industry standards, safety procedures,
testing for defects and procedures in handling unsafe appliances.
The new
provisions provide that the chief executive must approve a gas appliance
accreditation code.
The Amendment reflects the gas appliance safety procedures and standards
that have been widely adopted and practiced by the industry in the ACT and
Australia as a whole, and as a consequence has no significant revenue / cost
implications.
Amending Regulation 1 specifies the name of the amending
regulations.
Amending Regulation 2 provides that the Amendment
Regulations will commence on 1 January 2003.
Amending Regulation 3
identifies the regulations being amended as the Gas Safety Regulations
2001.
Amending Regulation 4 inserts a new Regulation
4A that explains how references to Australian Gas Association standards and
codes and represented in the regulations.
Amending Regulation 5
inserts the new heading “Division 2.1 Gasfitting work”.
Amending Regulation 6 inserts the new Regulation 4B that
specifies the installation of a flue for a type A appliance is declared to be
gasfitting work.
Amending Regulations 7, 8 and 12 rectify
minor referencing errors in the existing regulations.
Amending
Regulation 9 and 13 amends the existing regulation 7(1)(b) and
9(1)(b) by specifying that the responsible gasfitter must ensure that the
installation complies with any condition of any exemption that has been given
under subregulation 7(2) or 9(2) respectively.
Amending Regulations
10, and 14, establish an exemption mechanism under which an appliance
can be exempt from complying with the relevant codes if the chief executive
believes, on reasonable grounds, that compliance does not warrant the cost
involved and the degree of safety is acceptable.
Amending Regulation
11 omits Regulation 8 because the commencement of Section 24(2) of
the Act has the same effect.
Amending Regulation 15 amends
existing subregulation 15(2) by requiring that a gasfitter must in
addition to advising the owner or occupier of premises, give notice to an
inspector of an unsafe system and the action necessary to make it safe.
Amending regulation 16 requires that a gasfitter must keep a record of
notification for 5 years instead of the current 2 year requirement under
subregulation 15(3).
Amending Regulation 17 inserts the new
“Division 2.2 Appliance work” that includes the following new
Regulations:
- New Regulation 17A provides for a new gas appliance
worker accreditation scheme is to be introduced in a code that is to be approved
by the chief executive.
- New Regulation 17B requires an
accredited appliance worker to produce their certificate of accreditation if
requested to do so by an inspector or the owner or occupier of the premises
where the appliance work is being undertaken.
- New Regulation 17C
establishes that the accredited appliance worker must inspect and test the
appliance immediately after completing an appliance work. A record of the work
undertaken must be kept for at least 5 years.
- New Regulation 17D
establishes that, upon discovering that an appliance is unsafe, the accredited
appliance worker must isolate and if necessary disconnect the appliance and
attach a defect tag to indicate that the appliance is unsafe. The accredited
appliance worker must also give notice to the owner or occupier of the premise
and advise an inspector. The accredited appliance worker must also keep a
record of the work undertaken for a period of 5 years.
- New
Regulation 17E stipulates that a defect tag must not be interfered with
except to be removed by the person who affixed it or by an inspector if they
believe that the system is safe.
Amending Regulation 18 inserts
the new “Part 3A Regulation of appliances” that includes the
following new Regulations:
- New Regulation 18A provides that the
notifiable instrument requirement (ss47(2) and (3) of the Legislation Act 2001)
does not apply to instruments applied by the new Part 3A. The reason is that the
Australian Gas Association Directory and Australian Gas Association
Standards are readily available in the ACT and Australia.
- New
Regulation 18B declares appliances listed in the Australian Gas
Association Directory of Certified Gas Appliances and Components and
appliances approved under the existing gas regulatory regime to be approved
appliances. Other approved appliances are those approved under the Australian
Gas Association Second Tier Appliance Scheme (Individual Compliance Approval)
prior to 20 December 2001, and type B appliances approved under AG501 prior to
20 December 2001.
- New Regulation 18C prescribes that the
relevant examinations, tests and requirements for approval of type A appliances
by the chief executive are those prescribed by a certification scheme under an
Australian Gas Association code. The chief executive may also specify other
examinations, test and requirements.
- New Regulation 18D
prescribes that the relevant examinations, tests and requirements for approval
of type B appliances by the chief executive are those prescribed by Australian
Gas Association Standard AG501. The chief executive may also specify other
examinations, test and requirements.
- New Regulation 18E outlines
the requirements and process for an application for approval of a type B
appliance.
- New Regulation 18F prescribes circumstances under
which unapproved appliances can be used, connected or sold.
- New
Regulation 18G provides the issuance and attachment requirements of
appliance compliance indicators.
- New Regulation 18H prescribes
circumstances under which prohibited appliances can be used, connected or
sold.
Amending Regulation 19 inserts the new Regulation 19A
that the chief may approve appliance compliance indicators for the regulations,
and, if he or she does so the approved indicators must be used for those
purposes.
Amending Regulation 20 inserts the new Regulations
20A and 20B that specifies the decisions made under the Regulations
and Code that are reviewable decisions to the Administrative Appeals Tribunal
and the notification requirements for decisions.
Amending
Regulations 21, 22, 23 and 24 insert new definitions of
Australian Gas Association, certificate of accreditation, defect tag, type A and
B appliances to the Dictionary.