Tasmanian Numbered Acts

GAS ACT 2000 (NO. 92 OF 2000) - SECT 3

3. Interpretation

      (1) In this Act, unless the contrary intention appears –

"accepted safety case" means –

(a) a validated safety case accepted or provisionally accepted under Part 4; or

(b) if a revised safety case has been validated and accepted or provisionally accepted under Part 4, that revised safety case;

"appliance" means a gas appliance;

"authorised officer" means a person appointed under Part 6 as an authorised officer;

"complex gas installation" means a gas installation that is not a standard gas installation;

"condition" includes a limitation or restriction;

"contestable customer" means a customer whose gas consumption, or rate of gas consumption, is equal to or greater than an amount prescribed in the regulations;

"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 who has a supply of gas available from a distribution system for consumption in a place, and includes –

(a) the occupier for the time being of a place to which gas is supplied by a distribution system for consumption in the place; and

(b) a person seeking a supply of gas from a distribution system for consumption in a place; and

(c) a person whose supply of gas has been disconnected;

"disconnect" a gas supply includes interrupt or discontinue the gas supply to a customer;

"distribution" means the provision of pipeline services through a distribution system;

"distribution system" means the whole or a part of a pipe or a system of pipes and equipment for use for, or in connection with, the distribution and supply of gas to persons for consumption, but does not include –

(a) a pipeline in respect of which a licence has been granted or is required under the Gas Pipelines Act 2000 (that is not a pipeline declared by the regulations to be, or form part of, a distribution system); or

(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 the place; and

(ii) not extending to, or connected to pipes in, some other place in separate occupation; or

(c) pipes or equipment declared by the regulations not to be, or not to form part of, a distribution system;

"facility" means –

(a) a distribution system; or

(b) a facility or service for the control of the conveyance of gas; or

(c) a facility for the measurement of gas where the facility is connected to a distribution system; or

(d) a service for the sale by retail of gas;

"gas" means a gaseous fuel but does not include –

(a) liquefied petroleum gas; or

(b) liquefied natural gas; or

(c) a gaseous fuel declared by the regulations not to be gas;

"gas appliance" means an appliance that uses gas as a fuel, but does not include anything declared by the regulations not to be a gas appliance;

"gas distributor" means a gas entity licensed under section 24 to operate a distribution system;

"gas entity" means a person licensed under Part 3, and includes a person who has been licensed under that Part and whose licence has been suspended or cancelled or has expired;

"gas infrastructure" means any part of a distribution system owned or operated by a gas entity;

"gas installation" means, in respect of the use or intended use of gas, a combination of –

(a) any pipe or system of pipes for, or incidental to, the conveyance of gas and components or fittings associated with the pipe or pipes which are downstream from the gas supply point; and

(b) any one or more of the following:

(i) any appliance and associated components or fittings which are downstream from the gas supply point;

(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;

"gas officer" means a person appointed under Part 5 as a gas officer;

"gas retailer" means a gas entity licensed under section 24 to retail gas;

"gas supply industry" means the operation of a distribution system, the retailing of gas and any other operation for which a licence is required under Part 3;

"gas supply point" means –

(a) the outlet of a gas entity's meter assembly used to measure a customer's gas use; or

(b) if paragraph (a) does not apply, the point of supply of gas between the gas entity and the customer;

"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 or mark;

"land" includes –

(a) an estate or interest in land (including an easement); or

(b) a right or power over, or in respect of, land;

"licence" means a retail licence or a distribution licence;

"natural gas" means a substance –

(a) which is in a gaseous state at standard temperature and pressure and which consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and

(b) which has been processed to be suitable for consumption –

but does not include anything declared by the regulations not to be natural gas;

"non-contestable customer" means a customer whose gas consumption, or rate of gas consumption, is less than the prescribed limit;

"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;

"Pricing Regulator" means the person holding the office of Pricing Regulator under Division 4 of Part 2;

"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;

"regulated substance" means –

(a) gas, other than liquid petroleum gas; or

(b) natural gas; or

(c) 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;

"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 an 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;

"tariff" means a schedule of prices and conditions for the sale of gas to customers generally, or to various classes of customers, as amended from time to time;

"trader" means a person who sells gas appliances in the course of a trade or business;

"Tribunal" means the Resource Management and Planning Approval Tribunal established under the Resource Management and Planning Appeal Tribunal Act 1993 ;

"Type A appliance" means an appliance (including a second-hand appliance) that has been approved by the Director of Gas Safety in accordance with section 70;

"Type B appliance" means an appliance (including a second-hand appliance) that –

(a) is not a Type A appliance; and

(b) has a gas consumption rating in excess of 10 megajoules an 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.

      (2) In this Act, a reference to retailing or to retail is to be read as a reference to the sale and supply of gas by a gas entity to a person for consumption where the gas is to be conveyed (whether or not by the seller) to the person by a distribution system, but as not including an activity declared by the regulations not to be retailing of gas.