NSW Fair Trading is consolidating the gas and electrical consumer safety laws into a single Act to provide a more streamlined and consistent approach to the regulation of both energy sources. The proposed Act will have consistent compliance and enforcement provisions, including penalty notices.
The proposed Act will repeal the Electricity (Consumer Safety) Act 2004, the Electricity (Consumer Safety) Regulation 2015 and the Gas Supply (Consumer Safety) Regulation 2012 and make consequential changes to the Gas Supply Act 1996.
The merger and restructure of the legislation will provide one source of regulation for gas and electricity consumer safety that is clear and consistent, easier to read and up to date.
Both the gas and electricity consumer safety laws provide for the safe consumer use of gas and electricity, and prescribe and enforce minimum safety standards for gas and electrical equipment and installations.
The Minister for Innovation and Better Regulation also has responsibility for section 83A of the Gas Supply Act. The majority of the Gas Supply Act deals with the regulation of the supply of gas and is the responsibility of the Minister for Industry, Resources and Energy. Section 83A is a regulation-making power relating to gas consumer safety issues and is being consolidated in the new Act.
The Bill is a merger and restructure of current gas and electricity consumer safety laws. Gas consumer safety provisions will be strengthened to equal electricity consumer safety provisions, including the issue of penalty notices. Penalty amounts for gas related offences will be increased. Batteries of certain types that are declared to be high risk battery articles are proposed to be regulated under the new Act. Gas appliances displayed for advertising will be treated as being displayed for sale. A definition for a ‘gas component’ will be included. Authorised officers will be able to investigate and prohibit the unsafe use of gas appliances, electrical articles or gas and electrical installations.
The public consultation draft Bill and a document with the proposed changes are available below.
As part of this review, you are now invited to view a Public consultation draft Gas and Electricity (Consumer Safety) Bill 2016 (PDF size: 409kb) and Summary of proposed changes in the Bill (PDF size: 155kb).
Please send your comments until 16 December 2016 by:
E-mail (preferred) to: firstname.lastname@example.org
Gas and electricity consumer safety laws
Regulatory Policy, Better Regulation Division
Department of Finance, Services and Innovation
Level 9, McKell Building
2-24 Rawson Place
SYDNEY NSW 2000
All submissions will be reviewed. We will conduct further targeted consultation on the public consultation draft Bill before finalising the laws.
Draft regulations for the new Act will be developed once the Bill has been introduced and passed in Parliament.