1Purpose
The main purpose of this Act is to make provision for the safe conveyance, sale, supply, measurement, control and use of gas and to generally regulate gas safety.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to make provision for the safe conveyance, sale, supply, measurement, control and use of gas and to generally regulate gas safety.
Part 1 of this Act comes into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act come into operation on a day or days to be proclaimed.
If a provision referred to in subsection (2) does not come into operation before 31 December 1999, it comes into operation on that day.
S. 3 amended by No. 91/2000 s. 16 (ILA s. 39B(1)).
In this Act—
acceptance scheme includes any approval, certification or endorsement scheme, however described;
accepted safety case means—
a safety case or provisional safety case accepted under Division 2 or 3 of Part 3; or
if a revised safety case has been accepted or provisionally accepted under Division 2 or 3 of Part 3, that revised safety case—
but does not include a safety case that has lapsed under Division 3 of Part 3;
S. 3(1) def. of AEMO inserted by No. 23/2009 s. 37(1).
AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
S. 3(1) def. of apparatus and works amended by No. 32/2001 s. 34(1)(a).
apparatus and works has the same meaning as it has in the Gas Industry Act 2001;
appliance means a device which uses gas to produce flame, heat, light, power or special atmosphere;
S. 3(1) def. of authorised officer inserted by No. 13/2025 s. 82(Sch. 2 item 1(a)).
authorised officer means a person appointed as an authorised officer under Part 5;
S. 3(1) def. of business day inserted by No. 24/2002 s. 12.
business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993;
S. 3(1) def. of Chairperson of Energy Safe Victoria inserted by No. 4/2020 s. 33(3).
Chairperson of Energy Safe Victoria means the Chairperson within the meaning of the Energy Safe Victoria Act 2005;
S. 3(1) def. of Chief Executive Officer of Energy Safe Victoria inserted by No. 4/2020 s. 33(3).
Chief Executive Officer of Energy Safe Victoria means the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005;
S. 3(1) def. of Commis-sioner of Energy Safe Victoria inserted by No. 4/2020 s. 33(3).
Commissioner of Energy Safe Victoria means a Commissioner within the meaning of the Energy Safe Victoria Act 2005;
S. 3(1) def. of complex gas installation inserted by No. 91/1998 s. 26(3).
complex gas installation means a gas installation which is not a standard gas installation;
component means a component of an appliance or gas installation;
S. 3(1) def. of construction amended by No. 32/2001 s. 34(1)(b).
construction has the same meaning as it has in the Gas Industry Act 2001;
convey, in relation to gas, means to transmit, distribute or otherwise convey by pipeline;
S. 3(1) def. of decision inserted by No. 24/2002 s. 12.
decision for the purposes of Part 4 includes refusal, declaration, condition, prohibition or requirement;
S. 3(1) def. of Director substituted by No. 39/2005 s. 49(2), repealed by No. 4/2020 s. 33(1).
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S. 3(1) def. of distribute amended by No. 32/2001 s. 34(1)(c).
distribute has the same meaning as it has in the Gas Industry Act 2001;
S. 3(1) def. of distribution pipeline amended by No. 32/2001 s. 34(1)(d).
distribution pipeline has the same meaning as it has in the Gas Industry Act 2001;
S. 3(1) def. of Energy Safe Victoria inserted by No. 39/2005 s. 49(1), substituted by No. 4/2020 s. 33(2).
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
facility means—
a pipeline; or
a facility for the measurement of gas where the facility is connected to a transmission pipeline; or
a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes); or
a service which controls the quality of liquefied petroleum gas provided for supply or sale (other than liquefied petroleum gas used or intended to be used for automotive purposes); or
a tempered liquefied petroleum gas plant;
gas means any gaseous fuel but does not include any gaseous fuel that is declared under section 4 not to be gas for the purposes of this Act or any provision of this Act;
gaseous fuel includes petrochemical feed stock;
gasfitting work means work carried out in connection with the installation, renewal, commissioning, replacement, modification, relocation, repair or maintenance of any gas installation or any part of any gas installation;
S. 3(1) def. of gas company amended by Nos 91/1998 s. 26(1), 32/2001 s. 34(1)(e), 23/2009 s. 37(2).
gas company means—
a gas transmission company within the meaning of the Gas Industry Act 2001; or
AEMO; or
a gas distribution company within the meaning of the Gas Industry Act 2001; or
a gas retailer within the meaning of the Gas Industry Act 2001; or
a person who is an owner or operator of a facility or service for the control of the conveyance of gas, being a person declared under section 5 to be a gas company for the purposes of this Act; or
a person who is an owner or operator of a facility for the measurement of gas connected to a transmission pipeline; or
a person who is an owner or operator of a pipeline, being a person declared under section 5 to be a gas company for the purposes of this Act; or
a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act;
a person who is an owner or operator of a service for the supply of liquefied petroleum gas (other than liquefied petroleum gas used or intended to be used for automotive purposes), being a person declared under section 5 to be a gas company for the purposes of this Act;
gas incident means any incident or event relating to the conveyance, supply or use of gas which causes or has the potential to cause—
the death of or injury to a person; or
significant damage to property; or
an explosion;
gas installation means, in respect of the use or intended use of gas, a combination of—
any pipe or system of pipes for or incidental to the conveyance of gas and components or fittings associated with the pipe or pipes which are downstream of the gas supply point; and
any one or more of the following—
any liquefied petroleum gas storage vessels with an aggregate capacity not exceeding 500 litres;
any appliance and associated components or fittings which are downstream of the gas supply point;
any meter which is downstream of the gas supply point;
any means of ventilation or system for the removal of combustion products which is downstream of the gas supply point;
gas supply point means—
the outlet of a gas company's meter assembly; or
the outlet of the primary shut-off valve of a liquefied petroleum gas storage vessel; or
if paragraph (a) or (b) does not apply, the point of supply of gas;
gas work means gasfitting work and upstream gas work;
S. 3(1) def. of inspector repealed by No. 13/2025 s. 82(Sch. 2 item 1(b)).
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meter means an instrument that measures the quantity of gas passing through it;
meter assembly means a system that includes a meter and any associated pipes, fittings, components, equipment or instruments;
S. 3(1) def. of Office repealed by No. 39/2005 s. 49(3).
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S. 3(1) def. of operation amended by No. 32/2001 s. 34(1)(f).
operation has the same meaning as it has in the Gas Industry Act 2001;
person includes an unincorporated body or association and a partnership;
S. 3(1) def. of pipeline amended by No. 32/2001 s. 34(1)(g).
pipeline has the same meaning as it has in the Gas Industry Act 2001;
practicable in sections 32, 33, 61, 62 and 63, means practicable having regard to—
in sections 32, 61, 62 and 63 the severity of the hazard or risk in question; and
in section 33, the severity of the hazard or risk involved in not meeting a prescribed standard or requirement; and
the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and
the availability and suitability of ways to remove or mitigate the hazard or risk; and
the cost of removing or mitigating the hazard or risk;
premises includes caravan, mobile home and vessel;
quality, in relation to gas, includes odorisation, purity, temperature, pressure and composition;
S. 3(1) def. of standard gas installation inserted by No. 91/1998 s. 26(3), amended by No. 59/2008 s. 39.
standard gas installation means—
a gas installation—
which contains only Type A appliances; and
which is located in residential premises of a prescribed class or on land associated with such premises; or
a gas installation—
which contains only Type A appliances; and
which is located in commercial premises of a prescribed class or on land associated with such premises; and
in which the total gas consumption of the appliances does not exceed the relevant prescribed amount per hour; and
which has a maximum metering pressure that is less than the prescribed maximum metering pressure or a maximum operating pressure that is less than the prescribed maximum operating pressure; and
which has a number of gas supply points that is less than the prescribed number of gas supply points;
tempered liquefied petroleum gas means a mixture of vaporised liquefied petroleum gas and air;
S. 3(1) def. of transmission pipeline amended by No. 32/2001 s. 34(1)(h).
transmission pipeline means—
a transmission pipeline within the meaning of the Gas Industry Act 2001; or
a pipeline that is declared under section 6 to be a transmission pipeline;
S. 3(1) def. of transmit amended by No. 32/2001 s. 34(1)(i).
transmit has the same meaning as it has in the Gas Industry Act 2001;
S. 3(1) def. of Tribunal inserted by No. 24/2002 s. 12.
Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998;
S. 3(1) def. of Type A appliance amended by No. 39/2005 s. 49(4).
Type A appliance means—
an appliance (including a second-hand appliance) for which an acceptance scheme has been authorised by Energy Safe Victoria in accordance with section 68; or
an appliance which has been accepted under section 69;
S. 3(1) def. of Type A gas installation repealed by No. 91/1998 s. 26(2).
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Type B appliance means an appliance (including a second-hand appliance) with a gas consumption in excess of 10 megajoules per hour including any components and fittings of that appliance downstream of and including the appliance manual shut-off valve but does not include a Type A appliance;
S. 3(1) def. of Type B gas installation repealed by No. 91/1998 s. 26(2).
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upstream gas work means work carried out between the outlet point of a gas processing plant and the outlet of a gas distribution company's meter assembly in connection with the construction, commissioning, renewal, operation, control, replacement, modification, repair, maintenance or testing of—
transmission and distribution systems and related apparatus and works; or
any other thing used for the conveyance, supply, control or measurement of gas.
S. 3(2) inserted by No. 91/2000 s. 16.
In the definition of gas installation, a reference to gas includes, in relation to liquefied petroleum gas, that gas in its liquid phase.
The Governor in Council, by Order published in the Government Gazette, may declare any gaseous fuel not to be gas for the purposes of this Act or any provision of this Act.
The Governor in Council, by Order published in the Government Gazette, may declare any of the following to be a gas company for the purposes of this Act—
a person who is an owner or operator of a pipeline;
a person who is an owner or operator of a facility or service for the control of the conveyance of gas;
a person who is an owner or operator of a service for the sale by retail of gas (other than liquefied petroleum gas which is used or intended to be used for automotive purposes).
The Governor in Council, by Order published in the Government Gazette, may declare a pipeline or class of pipeline to be a transmission pipeline.
S. 7(1) amended by No. 39/2005 s. 52(Sch. 2 item 2).
The Governor in Council, by Order published in the Government Gazette, and on the recommendation of Energy Safe Victoria, may declare that the provisions of this Act, or such of the provisions of this Act as are specified in the Order—
do not have effect in relation to a specified person or class of persons or do not have effect to such extent as is specified; or
do not have effect in relation to a specified facility or class of facilities or do not have effect to such extent as is specified; or
do not have effect in relation to specified appliances or a class of appliances or do not have effect to such extent as is specified; or
do not have effect in relation to specified gas installations or a class of gas installations or do not have effect to such extent as is specified; or
do not have effect in relation to specified gas work or a class of gas work or do not have effect to such extent as is specified.
An Order under subsection (1)—
may specify the period during which the Order is to remain in force; and
may provide that its operation is subject to such terms and conditions as are specified in the Order.
A person to whom an Order under this section applies must comply with the terms and conditions (if any) to which the operation of the Order is subject.
In the case of a body corporate, 1000 penalty units.
This Act binds the Crown, not only in right of Victoria but also, as far as the legislative power of the Parliament permits, the Crown in all its other capacities.
Pt 2 (Headings and ss 9–31) amended by Nos 46/1998 s. 7(Sch. 1), 91/2000 ss 17–21, 108/2004 s. 117(1) (Sch. 3 item 88), substituted as Pt 2 (Heading and ss 9–11) by No. 39/2005 s. 50.
Part 2—Energy Safe Victoria
S. 9 substituted by No. 39/2005 s. 50.
The objectives of Energy Safe Victoria under this Act are—
to ensure the safety of the conveyance, sale, supply, measurement, control and use of gas; and
to control the safety standards of gas work; and
to maintain public and industry awareness of gas safety requirements; and
to promote awareness of energy efficiency through energy efficiency labelling of gas installations, appliances and components and energy efficiency regulation of gas installations, appliances and components.
S. 10 substituted by No. 39/2005 s. 50.
The functions of Energy Safe Victoria under this Act are—
to issue guidelines specifying minimum safety standards for appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas;
to issue guidelines in relation to the preparation of safety cases;
to monitor compliance of appliances, gas equipment, gas components, gas installations, gas related services and the conveyance, sale, supply, measurement, control and use of gas with the specified safety standards;
to monitor compliance of gas companies with accepted safety cases;
to audit accepted safety cases to determine the adequacy and effectiveness of those safety cases;
to administer the prescribed minimum standards for energy efficiency of gas installations, appliances and components;
to inspect and test gas installations, appliances and components for compliance with the specified minimum standards for energy efficiency;
to investigate events or incidents which have implications for gas safety;
to provide advisory and consultative services in relation to gas safety;
to consult with and advise industry and the community in relation to gas safety;
S. 10(ja) inserted by No. 35/2013 s. 14.
to monitor and enforce compliance with this Act and the regulations;
such other functions as are conferred on Energy Safe Victoria by or under this Act or the regulations under this Act.
S. 11 substituted by No. 39/2005 s. 50.
A gas company must pay to Energy Safe Victoria at such time or times as the Minister determines such annual amount (if any) as the Minister determines to be payable by that gas company in respect of the remuneration and reasonable costs and expenses of Energy Safe Victoria.
Ss 12–31 repealed by No. 39/2005 s. 50.
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Part 3—Gas safety
Division 1—General duties of gas companies
S. 32 amended by No. 22/2023 s. 41.
A gas company must manage and operate each of its facilities to minimise as far as practicable—
the hazards and risks to the safety of the public and customers arising from gas; and
the hazards and risks of damage to property of the public and customers arising from gas; and
the hazards and risks to the safety of the public and customers arising from—
interruptions to the conveyance or supply of gas; and
the reinstatement of an interrupted gas supply.
In the case of a body corporate, 9000 penalty units.
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