Gas Standards Act 1972
Commerce Regulations Amendment (Gas Standards) Regulations 2023
Gas Standards Act 1972
Commerce Regulations Amendment (Gas Standards) Regulations 2023
Western Australia
Commerce Regulations Amendment (Gas Standards) Regulations 2023
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
Part 2 — Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 amended
3.Regulations amended2
4.Regulation 3 amended2
5.Regulation 6 replaced3
6.Capacity prescribed (Act s. 13A(2))3
6.Regulation 11 amended3
7.Regulation 12 amended4
8.Regulation 13 amended4
9.Regulation 15 amended4
10.Regulation 16 amended5
11.Part 3A inserted5
Part 3A — Supervision of gasfitting
Division 1 — Authority to supervise gasfitting work
16A.Certificate of competency and permit holders supervising Class G, E or P gasfitting work5
16B.Certificate of competency and permit holders supervising Class I gasfitting work6
16C.Authorisation holders supervising gasfitting work6
Division 2 — Duties of person supervising gasfitting work
16D.Duties of person supervising supervised gas fitter7
12.Regulation 19 deleted7
13.Regulation 42 amended8
14.Regulation 42A amended8
15.Regulation 42B amended9
Part 3 — Gas Standards (Infringement Notices) Regulations 2007 amended
16.Regulations amended10
17.Regulation 3 amended10
18.Schedule 1 amended10
Gas Standards Act 1972
Commerce Regulations Amendment (Gas Standards) Regulations 2023
Made by the Governor in Executive Council.
These regulations come into operation as follows —
(a)Part 1 — on the day on which these regulations are published on the WA legislation website;
(b)the rest of the regulations — on the day after that day.
Part 2 — Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999 amended
This Part amends the Gas Standards (Gasfitting and Consumer Gas Installations) Regulations 1999.
(1)In regulation 3(1) delete the definitions of:
Class I permit
registered gas fitter
supervised gas fitter
supervising gas fitter
(2)In regulation 3(1) insert in alphabetical order:
Class, in relation to gasfitting work, means a class of gasfitting work referred to in regulation 13(2) and set out in Schedule 5;
registered gas fitter means —
(a)in relation to doing gasfitting work — a person who is registered as the holder of a certificate of competency, a permit or an authorisation to do the work; or
(b)in relation to supervising gasfitting work — a person who is authorised under Part 3A Division 1 to supervise the work;
supervised gas fitter, in relation to gasfitting work, means —
(a)a person who does the work in a prescribed capacity under regulation 6; or
(b)a person who does the work under a permit that authorises the person to do the work, but only with supervision;
Note for this definition:
A person who is a supervised gas fitter in relation to particular gasfitting work may be a person who supervises gas fitters in relation to other gasfitting work.
Delete regulation 6 and insert:
6.Capacity prescribed (Act s. 13A(2))
For the purposes of section 13A(2) of the Act, a person does gasfitting work in a prescribed capacity if the person —
(a)does not hold a certificate of competency, a permit or an authorisation that authorises the person to do the work; and
(b)does the work under the supervision of a registered gas fitter who is authorised under Part 3A Division 1 to supervise the work.
In regulation 11 after “gasfitting” insert:
work
(1)In regulation 12(1):
(a)after “gasfitting” (1st occurrence) insert:
work
(b)in paragraph (a) delete “gasfitting; and” and insert:
gasfitting work; and
(c)in paragraph (c) delete “gasfitting.” and insert:
gasfitting work.
(2)In regulation 12(2) delete “gasfitting,” and insert:
gasfitting work,
In regulation 13(1) delete “do or to supervise.” and insert:
do.
Delete regulation 15(2) and (3).
Note: The heading to amended regulation 15 is to read:
Effect of permits
Delete regulation 16(2).
Note: The heading to amended regulation 16 is to read:
Effect of authorisations
After regulation 16 insert:
Part 3A — Supervision of gasfitting
Division 1 — Authority to supervise gasfitting work
16A.Certificate of competency and permit holders supervising Class G, E or P gasfitting work
(1)In this regulation —
relevant gasfitting work means Class G, E or P gasfitting work;
supervisee means a person who —
(a)holds a certificate of competency or permit that authorises the person to do gasfitting work of any class with or without supervision; and
(b)is doing gasfitting work in a class of relevant gasfitting work for the purpose of gaining adequate knowledge and skill to be eligible for a permit to do gasfitting work of that class without supervision.
(2)A certificate of competency or permit authorises the holder to supervise relevant gasfitting work if —
(a)the relevant gasfitting work is work that the certificate or permit authorises the holder to do; and
(b)the certificate or permit does not have a restriction, limitation or condition endorsed on it that would require the holder, if the holder were to do the relevant gasfitting work themselves, to be supervised while doing the work; and
(c)the holder’s supervision of the relevant gasfitting work does not conflict with any restriction, limitation or condition endorsed on the certificate or permit; and
(d)the person doing the relevant gasfitting work is a supervisee.
16B.Certificate of competency and permit holders supervising Class I gasfitting work
A certificate of competency or permit authorises the holder to supervise Class I gasfitting work if —
(a)the gasfitting work is work that the certificate or permit authorises the holder to do; and
(b)the certificate or permit does not have a restriction, limitation or condition endorsed on it that would require the holder, if the holder were to do the gasfitting work themselves, to be supervised while doing the work; and
(c)the holder’s supervision of the gasfitting work does not conflict with any restriction, limitation or condition endorsed on the certificate or permit.
16C.Authorisation holders supervising gasfitting work
(1)In this regulation —
employer, in relation to the holder of an authorisation, includes a person who has engaged the holder under a contract for services.
(2)An authorisation authorises the holder to supervise gasfitting work if —
(a)the gasfitting work is being done for the employer specified in the authorisation; and
(b)the gasfitting work is work that the authorisation authorises the holder to do; and
(c)the authorisation does not have a restriction, limitation or condition endorsed on it that would require the holder, if the holder were to do the gasfitting work themselves, to be supervised while doing the work; and
(d)the holder’s supervision of the gasfitting work does not conflict with any restriction, limitation or condition endorsed on the authorisation.
Division 2 — Duties of person supervising gasfitting work
16D.Duties of person supervising supervised gas fitter
A registered gas fitter supervising gasfitting work must ensure that —
(a)the person doing the gasfitting work complies with these regulations; and
(b)the gasfitting work is work that the registered gas fitter is authorised to supervise under Division 1.
Delete regulation 19.
Delete regulation 42(2)(b) and insert:
(b)to a supervised gas fitter who becomes aware of the incident while doing gasfitting work and who reports the incident to a registered gas fitter who is —
(i)supervising the gasfitting work; and
(ii)authorised under Part 3A Division 1 to supervise the gasfitting work.
Note: The heading to amended regulation 42 is to read:
Duty to report certain incidents
Delete regulation 42A(2)(b) and insert:
(b)to a supervised gas fitter who notifies the defect to a registered gas fitter who is —
(i)supervising the gasfitting work being done by the supervised gas fitter; and
(ii)authorised under Part 3A Division 1 to supervise the gasfitting work.
Note: The heading to amended regulation 42A is to read:
Gas fitters to report unsafe gas installations
In regulation 42B(2) in the Table after item 26 insert:
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27.Small gas engine driven appliances to which AS/NZS 5263.1.11 applies |
Part 3 — Gas Standards (Infringement Notices) Regulations 2007 amended
This Part amends the Gas Standards (Infringement Notices) Regulations 2007.
In regulation 3(1) after “the purposes” insert:
of
In Schedule 1 under the heading “Offences under the Gas Standards 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”:
(a)before the item relating to r. 18(2) insert:
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r. 16D |
Failing to ensure that person doing gasfitting work complies with regulations and that gasfitting work is work supervising gas fitter is authorised to supervise |
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(b)delete the item relating to r. 19.
V. MOLAN, Clerk of the Executive Council
© State of Western Australia 2023. This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au. Attribute work as: © State of Western Australia 2023. By Authority: GEOFF O. LAWN, Government Printer