Barrister AI
All legislation
WAAct
In force
This is the latest official compilation.Check the official source →
s 10

Testing of gas

In force

10 Testing of gas

(1)

The Director may at any time test gas supplied by an undertaker to determine its heating value, pressure, purity and odour and for such other purposes as in the opinion of the Director are necessary or expedient for the proper administration and enforcement of this Act, and shall furnish the undertaker with the result of any test carried out under this subsection.

(2)

The Director may from time to time by notice in writing served on an undertaker, direct the undertaker to keep a continuous record of the heating value of all or any of the gas supplied by that undertaker, and the Director may, for that purpose, from time to time require the undertaker to install, operate and maintain such measuring and recording devices or apparatus as are specified in a notice in writing served by the Director on the undertaker.

(3)

The results of any tests carried out by the Director under subsection (1) and any records kept by an undertaker pursuant to subsection (2) are admissible in evidence in any proceedings instituted under this Act, as evidence of the matters therein stated.

(4)

An undertaker shall not knowingly —

(a)

fail to comply with any direction served on him pursuant to subsection (2);

(b)

cause or permit any false entry to be made in any record kept pursuant to subsection (2);

(c)

do, or cause or permit to be done, or fail to do, any act or thing with intent to cause any measuring or recording device or apparatus installed pursuant to subsection (2) to incorrectly record the heating value of the gas supplied by that undertaker; or

(d)

fail to report forthwith to the Director any fault occurring in or any breakdown or failure of any apparatus or device installed pursuant to subsection (2).

Penalty: $250 000.

[Section 10 amended: No. 63 of 1985 s. 6; No. 89 of 1994 s. 93; No. 5 of 2007 s. 24.]

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.