Gas (Safety and Measurement) Regulations 2010

Part 2 General safety requirements

Requirements for gas safety

9 Requirements to be safe

(1)

A person who designs, or supervises the design of, a distribution system, gas installation or part installation, gas appliance, or fitting must ensure that, if the finished design were installed or manufactured as designed, the resulting distribution system, gas installation or part installation, gas appliance, or fitting would be safe when used for its intended purpose and in a lawful manner.

(2)

A person who installs, manufactures, or maintains a distribution system, gas installation or part installation, gas appliance, or fitting must do so in a way that ensures that the resulting distribution system, gas installation, gas appliance, or fitting is safe when used for its intended purpose and in a lawful manner.

(3)

The requirements in subclauses (1) and (2) include a requirement that the distribution system, gas installation, fitting, and gas appliance that conveys or utilises the gas must be compatible with the characteristics of the gas, including odorisation.

(4)

A person referred to in subclause (1) or (2) must also ensure that the distribution system, gas installation, fitting, and gas appliance must remain safe when turned off or decommissioned.

(5)

A person who owns, supplies, sells, hires, or operates a distribution system, a gas installation, fitting, or a gas appliance must not use, and must not allow any other person to use, the part of the distribution system, gas installation, fitting, or gas appliance if the part of the distribution system, gas installation, fitting, or gas appliance is unsafe.

(6)

Every person commits an offence and is liable on conviction to a level 2 penalty who—

(a)

fails to comply with subclause (1) or (2); or

(b)

fails to comply with subclause (4) or (5) knowing that, or being reckless as to whether, the distribution system, gas installation, fitting, or gas appliance is unsafe.

Regulation 9(1): replaced, on 1 July 2013, by regulation 10(1) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 9(2): replaced, on 1 July 2013, by regulation 10(1) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 9(3): amended, on 1 July 2013, by regulation 10(2) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 9(4): amended, on 1 July 2013, by regulation 10(3) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 9(5): amended, on 1 July 2013, by regulation 10(4) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 9(6): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 9(6): amended, on 1 July 2013, by regulation 8(1) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 9(6)(b): replaced, on 1 July 2013, by regulation 10(5) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).