Western Australia Gas Standards (Infringement Notices) Regulations 2007 Western Australia Gas Standards (Infringement Notices) Regulations 2007 CONTENTS 1. Citation 1 2. Prescribed offences and modified penalties 1 3. Authorised officers and approved officers 1 4. Forms 2 Schedule 1 - Prescribed offences and modified penalties Schedule 2 - Forms Form 1 - Infringement notice 11 Form 2 - Withdrawal of infringement notice 12 Notes Compilation table 13 Western Australia Gas Standards Act 1972 Criminal Procedure Act 2004 Gas Standards (Infringement Notices) Regulations 2007 1. Citation These regulations are the Gas Standards (Infringement Notices) Regulations 2007. 2. Prescribed offences and modified penalties (1) The offences specified in Schedule 1 are offences for which an infringement notice may be issued under the Criminal Procedure Act 2004 Part 2. (2) The modified penalty specified opposite an offence in Schedule 1 is the modified penalty for that offence for the purposes of the Criminal Procedure Act 2004 section 5(3). 3. Authorised officers and approved officers (1) The Director may, in writing, appoint persons or classes of persons to be authorised officers or approved officers for the purposes the Criminal Procedure Act 2004 Part 2. (2) The Director is to issue to each authorised officer a certificate of his or her appointment. 4. Forms The forms set out in Schedule 2 are prescribed in relation to the matters specified in those forms. Schedule 1 - Prescribed offences and modified penalties [r. 2] [Heading inserted in Gazette 4 May 2010 p. 1681.] |Offences under the Gas Standards |Modified penalty | |Act 1972 | | | |Individu|Body | | |al |corporat| | | |e | |s. 8(1) |Distributing gas without | | | | |Ministerial approval of | | | | |minimum standard of |$2 000 |$10 000 | | |heating value of the gas | | | |s. 8(6) |Supplying gas of which | | | | |the average heating value| | | | |is less by more than 1% | | | | |than the approved minimum|$2 000 |$10 000 | | |standard of heating value| | | | |of the gas | | | |s. 13(1) |Commencing to supply gas | | | | |to consumer gas | | | | |installation that has not| | | | |been inspected or does |$2 000 |$10 000 | | |not comply with | | | | |prescribed requirements | | | |s. 13(2) |Commencing to supply gas | | | | |to consumer gas | | | | |installation that has not| | | | |been inspected in | | | | |accordance with |$2 000 |$10 000 | | |Inspection Policy | | | | |Statement and Plan or | | | | |does not comply with | | | | |prescribed requirements | | | |s. 13(4) |Failing to send Director | | | | |copy of order or notice | | | | |issued by inspector |$1 000 |$5 000 | | |within required time | | | |s. 13(5) |Failing to give Director | | | | |report on accident at | | | | |consumer gas installation|$1 000 |$5 000 | | |within required time | | | |s. 13A(2)|Engaging in an operation,| | | | |or carrying out work or | | | | |process, of a kind | | | | |prescribed to be of the | | | | |nature of gas fitting | | | | |work otherwise than in a | | | | |prescribed capacity and |$1 000 |$5 000 | | |without a certificate of | | | | |competency, permit or | | | | |authorisation | | | |s. 13D(1)|Selling, hiring, | | | | |advertising for sale or | | | | |installing a Type A gas | | | | |appliance that - | | | | |(a) is not approved; or | | | | |(b) is not marked, |$1 000 |$5 000 | | |stamped or labelled in | | | | |approved manner | | | |s. 13D(2)|Using a Type B gas | | | | |appliance that - | | | | |(a) is not approved; or | | | | |(b) is not marked, |$1 000 |$5 000 | | |stamped or labelled in | | | | |approved manner | | | |s. 13E(7)|Selling or hiring, or | | | | |advertising for sale | | | | |or hire, gas appliance | | | | |that does not conform to | | | | |conditions and |$1 000 |$5 000 | | |restrictions to which | | | | |Director's approval of | | | | |appliance is subject | | | |s. 13F(3)|Selling or hiring, or | | | | |advertising for sale or | | | | |hire, gas appliance that | | | | |does not conform to | | | | |conditions and | | | | |restrictions to which |$1 000 |$5 000 | | |Director's adoption of | | | | |approval of appliance by | | | | |another body or authority| | | | |is subject | | | |s. 13H(4)|Failing to comply with | | | | |order prohibiting, or | | | | |imposing conditions and | | | | |restrictions on, sale, |$1 000 |$5 000 | | |hire or use of gas | | | | |appliance or component | | | |s. 13K(6)|Failing to comply with | | | |(a) |requirement of |$2 000 |$10 000 | | |section 13K | | | |s. 13K(6)|Failing to comply with | | | |(b) |requirement of an | | | | |approved Inspection |$2 000 |$10 000 | | |Policy Statement and Plan| | | |Offences under the Gas Standards |Modified penalty| |Act 1972 section 14 involving a | | |contravention of or failure to comply| | |with the following provisions of the | | |Gas Standards (Gasfitting and | | |Consumer Gas Installations) | | |Regulations 1999 | | | |Individ|Body | | |ual |corporat| | | |e | |r. 18(2) |Failing to ensure gas | | | |[Only in |installation complies with |$600 |$3 000 | |circumsta|prescribed requirements | | | |nces | | | | |where the| | | | |offence | | | | |involves | | | | |a | | | | |contraven| | | | |tion of | | | | |or | | | | |failure | | | | |to comply| | | | |with | | | | |r. 18(2)(| | | | |a)(i)] | | | | |r. 19 |Failing to ensure that | | | | |supervised gas fitter | | | | |complies with regulations | | | | |and that gas fitting work |$600 |$3 000 | | |is within scope of | | | | |supervising gas fitter's | | | | |authorisation | | | |r. 20(1) |Installing appliance, | | | |[Only in |apparatus or part contrary | | | |circumsta|to instructions or | | | |nces |recommendations of |$600 |$3 000 | |where the|manufacturer or designer | | | |offence | | | | |involves | | | | |a | | | | |contraven| | | | |tion of | | | | |or | | | | |failure | | | | |to comply| | | | |with | | | | |r. 20(1)(| | | | |b)] | | | | |r. 20(3) |Failing to endorse note as | | | | |to safe operation on notice| | | | |of completion for used |$400 |$2 000 | | |appliance | | | |r. 20(4a)|Modifying appliance without|$600 |$3 000 | | |approval | | | |r. 22 |Leaving Type B appliance | | | | |permanently connected | | | | |without certificate of |$600 |$3 000 | | |compliance | | | |r. 23 |Failing to record service | | | | |information in required |$400 |$2 000 | | |manner | | | |r. 26(1)(|Failing to ensure gas | | | |a) |installation meets | | | | |requirements as to pressure|$600 |$3 000 | | |testing and is gas-tight | | | |r. 28(2) |Failing to attach approved | | | | |badge or label to gas | | | | |installation upon |$400 |$3 000 | | |completion of gasfitting | | | | |work | | | |r. 28(3) |Failing to give notice of | | | | |completion of gasfitting |$400 |$2 000 | | |work within required time | | | |r. 30 |Failing to rectify defects | | | | |and give notice of |$600 |$3 000 | | |rectification within | | | | |required time | | | |r. 34(1) |Failing to keep records of | | | | |employed gas fitters in |$250 |$1 250 | | |required manner | | | |r. 34(3) |Failing to keep records for|$250 |$1 250 | | |required time | | | |r. 34(4) |Failing to make records | | | | |available for inspection |$250 |$1 250 | |r. 35(1) |Supplying gas to Type A | | | | |appliance without notice |$400 |$2 000 | | |of completion | | | |r. 36(1) |Using Type B appliance | | | | |without certificate of |$1 000 |$5 000 | | |compliance | | | |r. 39 |Marking, stamping or | | | | |labelling appliance to |$600 |$3 000 | | |falsely state or imply that| | | | |it is approved | | | |r. 42 |Failing to report incident | | | | |causing, or likely |$600 |$3 000 | | |to cause, injury or damage | | | |r. 42A |Failing to report defect | | | | |rendering gas |$600 |$3 000 | | |installation unsafe | | | |Offences under the Gas Standards |Modified penalty| |Act 1972 section 14 involving a | | |contravention of or failure to comply| | |with the following provisions of the | | |Gas Standards (Gas Supply and System | | |Safety) Regulations 2000 | | | |Individ|Body | | |ual |corporat| | | |e | |r. 4(2) |Failing to ensure gas | | | | |supplied to consumer |$2 000 |$10 000 | | |installation is within | | | | |pressure limits | | | |r. 5(2) |Failing to ensure natural | | | | |gas supplied to consumer |$2 000 |$10 000 | | |satisfies quality standards| | | |r. 7(1) |Failing to ensure LPG | | | | |supplied to consumer |$2 000 |$10 000 | | |satisfies quality standards| | | |r. 7(4) |Failing to keep records of | | | | |sampling for required time |$1 000 |$5 000 | |r. 17B(1)|Operating a distribution | | | | |system in which gas of | | | | |different qualities is |$1 000 |$5 000 | | |commingled without an | | | | |approved plan | | | |r. 17B(2)|Officer of network operator| | | | |that is a corporation | | | | |failing to ensure gas of | | | | |different qualities is not | | | | |commingled in a |$1 000 |- | | |distribution system without| | | | |an approved plan | | | |r. 17B(3)|Injecting gas into a | | | | |distribution system in | | | | |which gas of different |$1 000 |$5 000 | | |qualities is commingled | | | | |without an approved plan | | | |r. 17B(4)|Officer of a pipeline | | | | |operator that is a | | | | |corporation failing to | | | | |ensure gas is not injected | | | | |into a distribution system |$1 000 |- | | |in which gas of different | | | | |qualities is commingled | | | | |without an approved plan | | | |r. 17D(3)|Existing operator failing | | | | |to submit management plan |$1 000 |$5 000 | | |within required time | | | |r. 17D(4)|New operator failing to | | | | |submit management plan |$1 000 |$5 000 | | |within required time | | | |r. 17E(3)|Failing to comply with | | | | |request to submit amended | | | | |management plan within |$600 |$3 000 | | |required time | | | |r. 17F(5)|Failing to submit within | | | | |the required time an | | | | |amendment or replacement, | | | | |of an approved plan, | | | | |amended in accordance with |$600 |$3 000 | | |a request of the Director | | | | |under regulation 17F(3)(b) | | | |r. 17G(3)|Failing to comply with | | | | |direction to amend approved| | | | |plan within time specified |$600 |$3 000 | | |in direction | | | |r. 17H(1)|Failing to ensure approved | | | | |plan relating to operation | | | | |of distribution system is | | | | |implemented and its |$2 000 |$10 000 | | |requirements complied with | | | |r. 17H(2)|Failing to ensure approved | | | | |plan relating to injection | | | | |of gas into distribution | | | | |system is implemented and |$2 000 |$10 000 | | |its requirements complied | | | | |with | | | |r. 17I(7)|Failing to give Director | | | | |plan of distribution system| | | | |or sub-network showing | | | | |required matters within |$600 |$3 000 | | |required time | | | |r. 17J(4)|Failing to publish in | | | | |required manner and within | | | | |required time the | | | | |determined heating value of| | | | |gas transported through |$600 |$3 000 | | |distribution system or | | | | |sub-network in a gas day | | | |r. 17J(6)|Failing to give Director | | | | |required information in | | | | |relation to determined | | | | |heating value of gas within|$1 000 |$5 000 | | |required time and in | | | | |accordance with approved | | | | |plan | | | |r. 22(2) |Failing to give required | | | | |notice or quarterly outline| | | | |before commencing major |$1 000 |$5 000 | | |activity | | | |r. 22(3) |Failing to give required | | | | |notice before commencing | | | | |major activity not |$1 000 |$5 000 | | |mentioned in quarterly | | | | |outline | | | |r. 24(1) |Failing to ensure | | | | |prescribed activity is | | | | |carried out in accordance |$1 000 |$5 000 | | |with specified standard or | | | | |code | | | |r. 37 |Failing to ensure | | | | |prescribed activity is | | | | |carried out in accordance |$2 000 |$10 000 | | |with accepted safety case | | | |r. 38(1) |Failing to lodge report in | | | | |respect of accepted safety |$1 000 |$5 000 | | |case | | | |r. 41(1) |Failing to establish and | | | | |maintain record keeping | | | | |system in relation to |$1 000 |$5 000 | | |accepted safety case | | | |r. 41(3) |Failing to keep records in |$1 000 |$5 000 | | |required manner | | | |r. 41(4) |Failing to keep records for|$1 000 |$5 000 | | |required time | | | |r. 43(1) |Failing to notify Director | | | | |of notifiable incident |$1 000 |$5 000 | | |within required time | | | |r. 44(3) |Failing to lodge report of | | | | |notifiable incident |$1 000 |$5 000 | | |within required time | | | [Schedule 1 inserted in Gazette 4 May 2010 p. 1681-6.] Schedule 2 - Forms [r. 4] Form 1 - Infringement notice |Gas Standards Act 1972 |Infringement | |Infringement notice |notice no. | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |____________________________________ | | |ACN | | |Address | | |__________________________________________| | |______ | | |Postcode | |Alleged |Description of offence | |offence |_____________________________________ | | |Gas Standards Act 1972 s. | | |Gas Standards (Gasfitting and Consumer Gas| | |Installations) Regulations 1999 r. | | |Gas Standards (Gas Supply and System | | |Safety) Regulations 2000 r. | | |Date / /20 Time a.m./p.m. | | |Modified penalty $ | |Officer |Name | |issuing | | |notice | | | |Signature | | |Office | |Date |Date of notice / /20 | |Notice to|It is alleged that you have committed the | |alleged |above offence. | |offender |If you do not want to be prosecuted in | | |court for the offence, pay the modified | | |penalty within 28 days after the date of | | |this notice. | | |How to pay | | |By post: Send a cheque or money order | | |(payable to 'Director of Energy Safety') | | |to: | | |Director of Energy Safety | | |[Address] | | |In person: Pay the cashier at: | | |Energy Safety | | |[Address] | | |If you do not pay the modified penalty | | |within 28 days, you will be prosecuted or | | |enforcement action will be taken under the| | |Fines, Penalties and Infringement Notices | | |Enforcement Act 1994. Under that Act your| | |driver's licence and/or vehicle licence | | |may be suspended. | | |If you need more time to pay the modified | | |penalty, you can apply for an extension of| | |time by writing to the Director of Energy | | |Safety at the above address. | | |If you want this matter to be dealt with | | |by prosecution in court, tick this box ? | | |and post this notice to the Director of | | |Energy Safety at the above address within | | |28 days after the date of this notice. | Form 2 - Withdrawal of infringement notice |Gas Standards Act 1972 |Withdrawal no. | |Withdrawal of infringement notice | | |Alleged |Name: Family name | |offender | | | | Given names | | |or Company name | | |_____________________________________ | | |ACN | | |Address | | |__________________________________________| | |_______ | | |Postcode | |Infringem|Infringement notice no. | |ent | | |notice | | | |Date of issue / /20 | |Alleged |Description of offence | |offence |____________________________________ | | |Gas Standards Act 1972 s. | | |Gas Standards (Gasfitting and Consumer Gas| | |Installations) Regulations 1999 r. | | |Gas Standards (Gas Supply and System | | |Safety) Regulations 2000 r. | | |Date / /20 Time a.m./p.m. | |Officer |Name | |withdrawi| | |ng notice| | | |Signature | | |Office | |Date |Date of withdrawal / /20 | |Withdrawa|The above infringement notice issued | |l of |against you has been withdrawn. | |infringem|If you have already paid the modified | |ent |penalty for the alleged offence you are | |notice |entitled to a refund. | | |* Your refund is enclosed. | |[*delete |or | | |* If you have paid the modified penalty | |whichever|but a refund is not enclosed, to claim | | |your refund sign this notice and post it | |is not |to: | |applicabl|Director of Energy Safety | |e] |[Address] | | |Signature / /20 | Notes 1 This is a compilation of the Gas Standards (Infringement Notices) Regulations 2007 and includes the amendments made by the other written laws referred to in the following table. Compilation table |Citation |Gazettal |Commencement | |Gas Standards |20 Mar 20|20 Mar 2007 | |(Infringement Notices) |07 | | |Regulations 2007 |p. 1061-7| | | |0 | | |Gas Standards |9 Oct 200|r. 1 and 2: 9 Oct | |(Infringement Notices) |7 p. 5347|2007 (see r. 2(a)); | |Amendment | |Regulations other | |Regulations 2007 | |than r. 1 and 2: | | | |10 Oct 2007 (see | | | |r. 2(b)) | |Gas Standards |4 May 201|r. 1 and 2: 4 May | |(Infringement Notices) |0 |2010 (see r. 2(a)); | |Amendment |p. 1681-6|Regulations other | |Regulations 2010 | |than r. 1 and 2: | | | |5 May 2010 (see | | | |r. 2(b)) |