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Bill homepageOccupational Licensing (Gas-fitting Work) Regulations 2021
13 December 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.
These regulations may be cited as the Occupational Licensing (Gas-fitting Work) Regulations 2021.
These regulations take effect on 15 December 2021.
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 – inspecting, reporting or advising on any automotive gas-fitting work; or 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:inspecting, reporting or advising on gas-fitting work; applying for, or receiving any certificate, notice, order, decision or determination under the Act; applying for, or receiving any permit, certificate, notice, order, decision, determination, authorisation or acceptance under the Gas Safety Act 2019; taking any action under the Act; automotive gas-fitter practitioner
means a practitioner who – 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 complies with the relevant automotive gas-fitting work determination in relation to – an automotive gas-fitter practitioner (certifier); and the class or classes of automotive gas-fitting work; automotive gas-fitter practitioner (certifier restricted)means a practitioner who – 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 complies with the relevant automotive gas-fitting work determination in relation to – an automotive gas-fitter practitioner (certifier restricted); and the class or classes of automotive gas-fitting work; automotive gas-fitter practitioner
means a practitioner who – 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 complies with the relevant automotive gas-fitting work determination in relation to – an automotive gas-fitter practitioner (provisional); and the class or classes of automotive gas-fitting work; automotive gas-fitter practitioner (provisional restricted)means a practitioner who – 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 complies with the relevant automotive gas-fitting work determination in relation to – an automotive gas-fitter practitioner (provisional restricted); and the class or classes of automotive gas-fitting work; automotive gas-fitter practitioner
means a practitioner who – holds a licence that authorises the practitioner to undertake a restricted scope of one or more classes of automotive gas-fitting work; and complies with the relevant automotive gas-fitting work determination in relation to – an automotive gas-fitter practitioner (restricted); and 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 – work within Division 2 of Part 2 of Schedule 2 to the Act; and work within item 2 of Part 1 of Schedule 1 to these regulations that is prescribed work under regulation 4(1); and 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 – automotive gas-fitting work; and the classes of automotive gas-fitting work; and any details relating to the classes of automotive gas-fitting work; automotive gas fuel system means a system of pipes and associated equipment that – is installed in, or forms part of, a vehicle, vessel or machine; and is designed to convey gas to – an internal combustion engine, or fuel cell, providing for the propulsion of the vehicle, vessel or machine; or an internal combustion engine that operates ancillary processes within the vehicle, vessel or machine; or 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 permanently installed or attached fixture, module, section, element, piece or part of a gas installation or gas storage system; or a permanently installed or attached fixture, module, section, element, piece or part of a portable or mobile gas appliance; or 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 – the Gas Safety Act 2019; or the relevant standards; defective gas-fitting work means gas-fitting work that does not comply with – the Gas Safety Act 2019; or the relevant standards; defective work means – defective gas-fitting work; or defective automotive gas-fitting work; gas means liquefied petroleum gas, compressed natural gas, liquefied natural gas, hydrogen gas or calorific gas; gas-fitter practitioner
means a practitioner who – holds a licence that authorises the practitioner to undertake a scope of one or more classes of gas-fitting work as a certifier; and complies with the relevant provisions of the gas-fitting work determination in relation to – a gas-fitter practitioner (certifier); and the class or classes of gas-fitting work; gas-fitter practitioner (certifier restricted)means a practitioner who – 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 complies with the relevant provisions of the gas-fitting work determination in relation to – a gas-fitter practitioner (certifier restricted); and the class or classes of gas-fitting work; gas-fitter practitioner
means a practitioner who – 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 complies with the relevant provisions of the gas-fitting work determination in relation to – a gas-fitter practitioner (provisional); and the class or classes of gas-fitting work; gas-fitter practitioner (provisional restricted)means a practitioner who – 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 complies with the relevant provisions of the gas-fitting work determination in relation to – a gas-fitter practitioner (provisional restricted); and 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 – work within Division 1 of Part 2 of Schedule 2 to the Act; and work within item 2 of Part 1 of Schedule 1 to these regulations that is prescribed work under regulation 4(1); and 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 – gas-fitting work; and the classes of gas-fitting work; and any details relating to the classes of gas-fitting work; gas installation means, in respect of the use or intended use of gas – 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 any one or more of the following:any appliance and associated components or fittings; any meter which is downstream from the gas supply point; any means of ventilation or system for the removal of combustion products which is downstream from the gas supply point; 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 document; and 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.
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.
For the definition ofprescribed workin 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.
Despite subregulation (1), the work specified in Part 2 of Schedule 1 is not prescribed work.
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). Fine not exceeding 75 penalty units.
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). Fine not exceeding 75 penalty units.
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. Fine not exceeding 75 penalty units.
In these regulations – 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 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.
For the avoidance of doubt, these regulations apply to work performed gratuitously as if the work were not being performed gratuitously.
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.
In the case of – a body corporate, a fine not exceeding 125 penalty units; or an individual, a fine not exceeding 65 penalty units.
For section 57 of the Act, prescribed work that is defective includes any gas-fitting work, and automotive gas-fitting work, that – does not comply with the Act; or is defective work.
After complying with a rectification order under section 57 of the Act, the person against whom the rectification order was given must – 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 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.
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 – rectifying the defective work that is the subject of the rectification order; and complying with the rectification order. In the case of – a body corporate, a fine not exceeding 50 penalty units; or an individual, a fine not exceeding 25 penalty units.
A person against whom a rectification order has been made may recover the cost of rectification of the defective work if – 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 the Administrator has approved the recovery of the costs.
In this regulation – GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.
The fees specified in Schedule 2 – are inclusive of GST; and are prescribed as the fees payable to the Administrator in respect of the matter to which they relate.
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.
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.
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