Occupational Licensing (Gas-fitting Work) Regulations 2021

Occupational Licensing (Gas-fitting Work) Regulations 2021

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Occupational Licensing Act 2005 .

B. BAKER

Governor

By Her Excellency's Command,

ELISE ARCHER

Minister for Workplace Safety and Consumer Affairs

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Occupational Licensing (Gas-fitting Work) Regulations 2021 .

2.   Commencement

These regulations take effect on 15 December 2021.

3.   Interpretation

(1)  In these regulations –

Act means the Occupational Licensing Act 2005 ;

appliance has the same meaning as in section 3 of the Gas Safety Act 2019 ;

approved gas appliance means a gas appliance taken to be approved under Division 4 of Part 3 of the Gas Safety Act 2019 ;

AS/NZS 5601 means AS/NZS 5601.1, Gas installations – General installations, published jointly by the Standards Association of Australia and the Standards Association of New Zealand, as in force from time to time (including any code or standard having effect under that standard);

associated automotive gas-fitting work means –

(a) inspecting, reporting or advising on any automotive gas-fitting work; or

(b) taking any action under the Act in respect of automotive gas-fitting;

associated gas-fitting work means any of the following in respect of gas-fitting work:

(a) inspecting, reporting or advising on gas-fitting work;

(b) applying for, or receiving any certificate, notice, order, decision or determination under the Act;

(c) applying for, or receiving any permit, certificate, notice, order, decision, determination, authorisation or acceptance under the Gas Safety Act 2019 ;

(d) taking any action under the Act;

automotive gas-fitter practitioner (certifier) means a practitioner who –

(a) holds a licence that authorises the practitioner to undertake a scope of one or more classes of automotive gas-fitting work as a certifier; and

(b) complies with the relevant automotive gas-fitting work determination in relation to –

(i) an automotive gas-fitter practitioner (certifier); and

(ii) the class or classes of automotive gas-fitting work;

automotive gas-fitter practitioner (certifier restricted) means a practitioner who –

(a) holds a licence that authorises the practitioner to undertake a restricted scope of one or more classes of automotive gas-fitting work as a certifier; and

(b) complies with the relevant automotive gas-fitting work determination in relation to –

(i) an automotive gas-fitter practitioner (certifier restricted); and

(ii) the class or classes of automotive gas-fitting work;

automotive gas-fitter practitioner (provisional) means a practitioner who –

(a) holds a licence that authorises the practitioner, for a period of not more than 12 months, to undertake a scope of one or more classes of automotive gas-fitting work; and

(b) complies with the relevant automotive gas-fitting work determination in relation to –

(i) an automotive gas-fitter practitioner (provisional); and

(ii) the class or classes of automotive gas-fitting work;

automotive gas-fitter practitioner (provisional restricted) means a practitioner who –

(a) holds a licence that authorises the practitioner, for a period of not more than 12 months, to undertake a restricted scope of one or more classes of automotive gas-fitting work; and

(b) complies with the relevant automotive gas-fitting work determination in relation to –

(i) an automotive gas-fitter practitioner (provisional restricted); and

(ii) the class or classes of automotive gas-fitting work;

automotive gas-fitter practitioner (restricted) means a practitioner who –

(a) holds a licence that authorises the practitioner to undertake a restricted scope of one or more classes of automotive gas-fitting work; and

(b) complies with the relevant automotive gas-fitting work determination in relation to –

(i) an automotive gas-fitter practitioner (restricted); and

(ii) the class or classes of automotive gas-fitting work that is authorised under the restricted scope of automotive gas-fitting work;

automotive gas-fitting contractor means a contractor who holds an automotive gas-fitting contractor licence;

automotive gas-fitting contractor licence means a licence issued, under section 34(1)(a) of the Act, in respect of a scope of automotive gas-fitting work of one or more classes;

automotive gas-fitting work means –

(a) work within Division 2 of Part 2 of Schedule 2 to the Act; and

(b) work within item 2 of Part 1 of Schedule 1 to these regulations that is prescribed work under regulation 4(1) ; and

(c) work within item 6 of Part 2 of Schedule 1 to these regulations that is performed by a person who holds a licence under the Act;

automotive gas-fitting work determination means the determination made under section 30 of the Act, as amended from time to time, in respect of –

(a) automotive gas-fitting work; and

(b) the classes of automotive gas-fitting work; and

(c) any details relating to the classes of automotive gas-fitting work;

automotive gas fuel system means a system of pipes and associated equipment that –

(a) is installed in, or forms part of, a vehicle, vessel or machine; and

(b) is designed to convey gas to –

(i) an internal combustion engine, or fuel cell, providing for the propulsion of the vehicle, vessel or machine; or

(ii) an internal combustion engine that operates ancillary processes within the vehicle, vessel or machine; or

(iii) a stationary internal combustion engine;

capacity has the same meaning as in the Gas Safety Regulations 2021 ;

commencement day means the day on which these regulations take effect;

component means –

(a) a permanently installed or attached fixture, module, section, element, piece or part of a gas installation or gas storage system; or

(b) a permanently installed or attached fixture, module, section, element, piece or part of a portable or mobile gas appliance; or

(c) a permanently installed or attached fixture, module, section, element, piece or part of an automotive gas fuel system;

conversion means the process of adapting an approved gas appliance using manufacturer-endorsed procedures, and components, to another gas for which the appliance has been certified;

defective automotive gas-fitting work means automotive gas-fitting work that does not comply with –

(a) the Gas Safety Act 2019 ; or

(b) the relevant standards;

defective gas-fitting work means gas-fitting work that does not comply with –

(a) the Gas Safety Act 2019 ; or

(b) the relevant standards;

defective work means –

(a) defective gas-fitting work; or

(b) defective automotive gas-fitting work;

gas means liquefied petroleum gas, compressed natural gas, liquefied natural gas, hydrogen gas or calorific gas;

gas-fitter practitioner (certifier) means a practitioner who –

(a) holds a licence that authorises the practitioner to undertake a scope of one or more classes of gas-fitting work as a certifier; and

(b) complies with the relevant provisions of the gas-fitting work determination in relation to –

(i) a gas-fitter practitioner (certifier); and

(ii) the class or classes of gas-fitting work;

gas-fitter practitioner (certifier restricted) means a practitioner who –

(a) holds a licence that authorises the practitioner to undertake a restricted scope of one or more classes of gas-fitting work as a certifier; and

(b) complies with the relevant provisions of the gas-fitting work determination in relation to –

(i) a gas-fitter practitioner (certifier restricted); and

(ii) the class or classes of gas-fitting work;

gas-fitter practitioner (provisional) means a practitioner who –

(a) holds a licence that authorises the practitioner, for a period of not more than 12 months, to undertake a scope of one or more classes of gas-fitting work; and

(b) complies with the relevant provisions of the gas-fitting work determination in relation to –

(i) a gas-fitter practitioner (provisional); and

(ii) the class or classes of gas-fitting work;

gas-fitter practitioner (provisional restricted) means a practitioner who –

(a) holds a licence that authorises the practitioner, for a period of not more than 12 months, to undertake a restricted scope of one or more classes of gas-fitting work; and

(b) complies with the relevant provisions of the gas-fitting work determination in relation to –

(i) a gas-fitter practitioner (provisional restricted); and

(ii) the class or classes of gas-fitting work;

gas-fitting contractor means a contractor who holds a gas-fitting contractor licence;

gas-fitting contractor licence means a licence issued, under section 34(1)(a) of the Act, in respect of a scope of gas-fitting work of one or more classes;

gas-fitting work means –

(a) work within Division 1 of Part 2 of Schedule 2 to the Act; and

(b) work within item 2 of Part 1 of Schedule 1 to these regulations that is prescribed work under regulation 4(1) ; and

(c) work within Part 2 of Schedule 1 to these regulations, except item 6, that is performed by a person who holds a licence under the Act;

gas-fitting work determination means the determination made under section 30 of the Act, as amended from time to time, in respect of –

(a) gas-fitting work; and

(b) the classes of gas-fitting work; and

(c) any details relating to the classes of gas-fitting work;

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

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

(b) any one or more of the following:

(i) any appliance and associated components or fittings;

(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;

(iv) any prescribed gas storage system;

gas storage system has the same meaning as in the Gas Safety Act 2019 ;

maintenance means repairing or other service work associated with a gas installation or a gas storage system, or any part of a gas installation or gas storage system, but does not include work associated with house-keeping or maintaining the appearance of a gas installation or gas storage system, or any part of the gas installation or gas storage system;

mobile appliance has the same meaning as in AS/NZS 5601;

portable appliance has the same meaning as in AS/NZS 5601;

record includes –

(a) a document; and

(b) a record made by electronic, electromagnetic, photographic or optical process;

relevant standards means the standards specified in the Occupational Licensing (Standards of Gas-fitting Work) Code of Practice established by the Administrator under section 53 of the Act, as amended from time to time, or any code or standard having effect under a standard so specified;

scope of automotive gas-fitting work means a scope of automotive gas-fitting work as determined by the Administrator in the Gas-fitting Work Licence Classes – Mobile and Stationary Engine Determination, as amended from time to time;

scope of gas-fitting work means a scope of gas-fitting work as determined in the gas-fitting work determination;

servicing, a gas installation or gas storage system, means the work involved in the maintenance or repair of a gas installation or gas storage system, or any part of a gas installation or gas storage system;

specified fee means a fee specified in Schedule 2 ;

testing means work associated with the commissioning and installing of a gas installation or a gas storage system, including the operational functionality of any associated components and pipework.

(2)  Unless the contrary intention appears, an expression used in these regulations that is defined in the gas-fitting work determination, or the automotive gas-fitting work determination, made under the Act has the same meaning in these regulations as in the relevant determination.

4.   Prescribed work

(1)  For the definition of prescribed work in section 3(1) of the Act, the work specified in Part 1 of Schedule 1 is determined to be prescribed work, unless exempted under section 99(1)(b) of the Act.

(2)  Despite subregulation (1) , the work specified in Part 2 of Schedule 1 is not prescribed work.

5.   Work performed gratuitously

(1)  A person must not perform gas-fitting work gratuitously unless the person is a gas-fitter practitioner (certifier) or a gas-fitter practitioner (certifier restricted).

Penalty:  Fine not exceeding 75 penalty units.

(2)  A person must not perform automotive gas-fitting work gratuitously unless the person is an automotive gas-fitter practitioner (certifier) or an automotive gas-fitter practitioner (certifier restricted).

Penalty:  Fine not exceeding 75 penalty units.

(3)  A person who intends to perform gas-fitting work, or automotive gas-fitting work, gratuitously must notify the Administrator in an approved form before commencing the gas-fitting work, or automotive gas-fitting work, being performed gratuitously.

Penalty:  Fine not exceeding 75 penalty units.

(4)  In these regulations –

(a) a reference to a gas-fitting contractor is taken to be a reference to a gas-fitter practitioner (certifier), or a gas-fitter practitioner (certifier restricted), performing gas-fitting work gratuitously and without a gas-fitting contractor; and

(b) a reference to an automotive gas-fitting contractor is taken to be a reference to an automotive gas-fitter practitioner (certifier), or an automotive gas-fitter practitioner (certifier restricted), performing automotive gas-fitting work gratuitously and without an automotive gas-fitting contractor.

(5)  For the avoidance of doubt, these regulations apply to work performed gratuitously as if the work were not being performed gratuitously.

PART 2 - Regulation of Work

Division 1 - Records

6.   Records of gas-fitting work and automotive gas-fitting work

A licence holder must keep records, in an approved form, of all gas-fitting work and automotive gas-fitting work, and associated gas-fitting work and associated automotive gas-fitting work, undertaken by the licence holder for at least 10 years after the work is completed.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 125 penalty units; or

(b) an individual, a fine not exceeding 65 penalty units.

Division 2 - Defective work

7.   Rectification of defective gas-fitting work

(1)  For section 57 of the Act, prescribed work that is defective includes any gas-fitting work, and automotive gas-fitting work, that –

(a) does not comply with the Act; or

(b) is defective work.

(2)  After complying with a rectification order under section 57 of the Act, the person against whom the rectification order was given must –

(a) if the defective work was defective gas-fitting work, provide a copy of the completed certificate of compliance, or statement of compliance, to the Administrator and to the owner, or occupier, of the building where the defective work was undertaken; or

(b) if the defective work was defective automotive gas-fitting work, complete an approved form and provide a copy to the Administrator and the owner of the motor vehicle, forklift or industrial engine where the defective work was undertaken.

8.   Cost of inspection, &c., not to be passed on

(1)  Except as provided in subregulation (2) , a person against whom a rectification order has been made under section 57 of the Act must bear all costs incurred in respect of –

(a) rectifying the defective work that is the subject of the rectification order; and

(b) complying with the rectification order.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) an individual, a fine not exceeding 25 penalty units.

(2)  A person against whom a rectification order has been made may recover the cost of rectification of the defective work if –

(a) the Administrator is satisfied that the defect in the work was caused by the conduct of a person other than that person or his or her agent; or

(b) the Administrator has approved the recovery of the costs.

PART 3 - Fees

9.   Fees generally

(1)  In this regulation –

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

(2)  The fees specified in Schedule 2  –

(a) are inclusive of GST; and

(b) are prescribed as the fees payable to the Administrator in respect of the matter to which they relate.

10.   Licence fees

A person applying for the issue or renewal of a licence under these regulations must pay the issue or renewal fee specified in Schedule 2 for that licence.

11.   Additional occupations

In addition to any other specified fee required to be paid, a person intending to apply for, or to renew, more than one occupation must pay, on application, the fee specified in Schedule 2 for each additional occupation to be included, or renewed, on the licence.

PART 4 - Miscellaneous

12.   Administrator to be notified of changes

(1)  The holder of a licence, other than a gas-fitting contractor licence or an automotive gas-fitting contractor licence, must notify the Administrator in writing within 21 days after any change to the following information:

(a) his or her name;

(b) his or her residential address;

(c) a telephone or fax number used in connection with the licence;

(d) an email address used in connection with the licence.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The holder of a gas-fitting contractor licence, or an automotive gas-fitting contractor licence, must notify the Administrator in writing within 21 days after any change to the following information:

(a) if the holder of the licence is an individual, his or her name;

(b) the name of any body corporate, or partnership, that holds a gas-fitting contractor licence or automotive gas-fitter contractor licence or is used in connection with the licence;

(c) the nominated manager;

(d) a registered business name used in connection with the licence;

(e) the address of the holder's registered office;

(f) the address of the holder's principal place of business;

(g) a telephone or fax number used in connection with the licence;

(h) an email address used in connection with the licence.

Penalty:  In the case of –

(a) a body corporate, a fine not exceeding 50 penalty units; or

(b) an individual, a fine not exceeding 25 penalty units.

13.   Delegation to police and emergency services personnel

(1)  For section 15(2)(d) of the Act, the Administrator may delegate, either with or without conditions, any of his or her functions under the Act to a police officer for the purpose of exercising powers or performing functions or duties under the Emergency Management Act 2006 .

(2)  A delegation under subregulation (1) has effect only while a declaration of a state of emergency is in force under the Emergency Management Act 2006 .

14.   Application for warrant by email

For section 18(5) of the Act, an application for a warrant may be made by email.

15.   Infringement notices and demerit points

(1)  For section 62(1) of the Act –

(a) an offence against a provision of the Act specified in column 1 of the table in Part 1 of Schedule 3 is prescribed as an offence for which an infringement notice may be issued; and

(b) an offence against a provision of these regulations specified in column 1 of the table in Part 2 of Schedule 3 is prescribed as an offence for which an infringement notice may be issued.

(2)  A penalty specified in column 3 of a table in Part 1 or 2 of Schedule 3 is prescribed as the penalty for a body corporate for the offence specified in column 1 of the relevant table.

(3)  A penalty specified in column 4 of a table in Part 1 or 2 of Schedule 3 is prescribed as the penalty for a natural person for the offence specified in column 1 of the relevant table.

(1)  If an infringement notice is served under section 62 of the Act and is not withdrawn, the authorised officer serving the infringement notice is to forward a copy of the notice to the Administrator.

SCHEDULE 1 - Gas-fitting work

Regulation 4

PART 1 - Prescribed work

1.   Work conducted in relation to the design, installation, construction, testing, commissioning, decommissioning, conversion, modification, relocation, repair, alteration, servicing or maintenance of a gas installation or a gas storage system, or any part of a gas installation or a gas storage system, including all pipes, fittings and auxiliary equipment which is –

(a) downstream of a gas supply point; or

(b) associated with a gas storage system.

2.   Work necessary or incidental to the installation, service and repair of an automotive gas fuel system, including work on –

(a) a motor vehicle engine or forklift engine providing for the propulsion of the motor vehicle or forklift; and

(b) an engine forming part of any industrial equipment fuelled by gas; and

(c) a fuel cell that is installed in, or forms part of, a vehicle, vessel or machine and that provides for its propulsion.

PART 2 - Exempt work

1.   Welding undertaken in the manufacture, alteration or repair of a pressure vessel by a person who holds a certificate, in accordance with AS1796-2001 – Certification of welders and welding supervisors, that is relevant to the work being undertaken or an equivalent approval that is acceptable to the Administrator.

2.   Work upstream from the gas supply point within the meaning of the Gas Safety Act 2019 .

3.   Work associated with the assembly, installation and connection of a gas portable appliance or mobile appliance supplied from a gas cylinder with an individual capacity not exceeding 25 litres.

4.   Work associated with the connection or disconnection of a consumer's gas storage container for the purpose of filling, refilling or exchanging the container.

5.   Liquefied petroleum gas decanting work.

6.   Any service or repair work on an automotive gas fuel system, if the service or repair work does not require working on the pressurised gas system or performing gas system tuning or adjustment.

SCHEDULE 2 - Fees

Regulation 9

SCHEDULE 3 - Infringement notice penalties

Regulation 15

PART 1 - Offences under the Act

PART 2 - Offences under the Regulations

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 14 December 2021

These regulations are administered in the Department of Justice.