Offences and Infringements
Introduction
208. Amendments to the Gas Act in 2006 allow for regulations to prescribe infringement notices and infringement offences. The 2006 amendments also changed the level of fines that may be imposed for offences prescribed in regulations.
209. The following proposals for offence and infringement offence provisions are intended to provide more options for enforcement of the Act and regulations.
Offences under the Regulations
210. Amendments to the Act have raised the ceiling on the maximum fines for offences prescribed in regulations, from $10,000 to $50,000. It is proposed that the maximum penalty specified in the regulations be amended to reflect the new provisions.
211. Current regulation 37 defines a range of offences from the failure to keep records to the importation of prohibited gas appliances. It is proposed that this list of offences be revised and expanded to cover, where appropriate, new regulatory requirements and to update the existing offences to take into account identified issues.
Infringement Offences and Notices
212. Infringement offences are intended to deal with low level breaches of the regulatory requirements. Infringement offences typically are for clear, but minor, breaches of the legislation and intended to quickly address behaviours that should be changed to avoid harm from gas whether it be gasfitting work or otherwise. The regulations will prescribe infringement offences and notices.
213. The maximum infringement fee that may be specified is $1,000 for individuals, and $3,000 for corporate bodies.
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