4Definitions
(1)
In this Act—
acquisition
guarantee—see section 9.
acquisition
guarantor means the person who gives an acquisition
guarantee.
authorised
electrician means a person who is authorised under the
Home Building Act 1989 to do electrical
wiring work.
authorised
gasfitter means a person who is authorised under this Act to
carry out gasfitting work.
authorised officer
means—
(a)
any investigator, or
(b)
any other person appointed under section 61 by
the Secretary as an authorised officer for the purposes of the provision in
which the expression is used.
autogas
installation means a system of pipes and associated
equipment that forms part of a vehicle, vessel or machine and that is designed
to convey liquefied petroleum gas or natural gas to an internal combustion
engine that is installed in, or forms part of, the vehicle, vessel or
machine.
autogas work means work
involved in—
(a)
the installation, alteration, extension or repair
of an autogas installation, or
(b)
the connection of a gas cylinder to, or the
disconnection of a gas cylinder from, an autogas
installation.
certification
authority—see section 23.
certified gas
appliance—see section 21.
class specification
for an electrical article—see section 13.
conduct includes any act or
omission.
declared electrical
article—see section 12.
Department means the
Department of Finance, Services and Innovation.
electrical article
means any appliance, wire, fitting, cable, conduit, meter, insulator,
apparatus, material or other electrical equipment intended or designed for use
in, or for the purposes of, or for connection to, any electrical
installation.
Note—
A reference in this Act to an electrical
article includes a reference to a high risk battery
article unless otherwise provided in this Act or by the
regulations—see section 6.
electrical
installation means any fixed appliances, wires, fittings,
meters, apparatus or other electrical equipment used for (or for purposes
incidental to) the conveyance, measuring, control and use of electricity in a
particular place, but does not include any of the following—
(a)
subject to any regulation made under subsection
(4)—any electrical equipment (other than a meter) used, or intended for
use, in the generation, transmission or distribution of electricity that
is—
(i)
owned or used by an electricity supply authority,
or
(ii)
located at a place that is owned or occupied by
such an authority,
(a1)
a meter used, or intended for use, in the
generation, transmission or distribution of electricity that is—
(i)
owned or used by an electricity supply authority,
and
(ii)
located at a place owned or occupied by the
authority,
(b)
any electrical article connected to, and
extending or situated beyond, any electrical outlet
socket,
(c)
any electrical equipment in or about a
mine,
(d)
any electrical equipment operating at not more
than 50 volts alternating current or 120 volts ripple-free direct
current,
(e)
any other electrical equipment, or class of
electrical equipment, prescribed by the
regulations.
electrical installation
work means the work of installing, adding to, altering,
disconnecting, reconnecting or replacing an electrical
installation.
electrical wiring
work means the physical work of installing, repairing,
altering, removing or adding to an electrical installation or the supervising
of that work.
electricity supply
authority means a person or body engaged in the distribution
of electricity to the public or in the generation of electricity for supply,
directly or indirectly, to the public whether by statute, franchise agreement
or otherwise and includes—
(a)
an energy services corporation within the meaning
of the Energy Services Corporations Act
1995, and
(b)
an authorised network operator under the Electricity Network Assets (Authorised Transactions) Act
2015, and
(c)
Rail Corporation New South Wales,
and
(d)
Transport for NSW, and
(d1)
Sydney Metro, and
(e)
the Water Administration Ministerial Corporation
constituted by the Water Management Act
2000.
flue means any system of pipes and
associated fittings designed to convey exhaust gases away from a gas
appliance.
function includes power,
authority or duty, and exercise a function includes
perform a duty.
gas means—
(a)
natural gas, or
(b)
liquefied petroleum gas, or
(c)
any other substance that the regulations declare
to be gas for the purposes of this Act,
but does not include a medical gas.
gas appliance means any
gas burning or gas using appliance that is manufactured, adapted or designed
for connection to a gas installation, whether by means of a gas outlet socket
or otherwise, and includes any liquefied petroleum gas dispenser, catalytic
burner or vaporiser, but does not include—
(a)
an internal combustion engine that is installed
in, or forms part of, a vehicle, vessel or machine, or
(b)
an appliance used in a medical facility for the
supply or removal of a medical gas.
gas component means the
following—
(a)
a gas regulator,
(b)
any other item prescribed by the regulations for
the purposes of this definition.
gas container includes a
gas cylinder, a gas cartridge, a pressure vessel and a gas
tank.
gas installation
means—
(a)
any pipe or system of pipes used to convey or
control gas, and any associated fittings and equipment, that are downstream of
the gas supply point, but does not include anything beyond the gas
installation end point, and
(b)
any flue that is downstream of the gas supply
point,
but does not include—
(c)
an autogas installation, or
(d)
a medical gas
installation.
gas installation end
point means—
(a)
in the case of a gas installation to which gas is
supplied from a gas network—the gas outlet socket,
or
(b)
in any other case—the control valve or
other connection point of a gas appliance or of another gas
container.
gas supply point
means—
(a)
in the case of a gas installation to which gas is
supplied from a gas network—the outlet of the gas meter at which the gas
is supplied, or
(b)
in any other case—the control valve or
other connection point of a gas container.
gasfitting work means
any work involved in—
(a)
the installation, alteration, extension or repair
of a gas installation, or
(b)
the installation, alteration, extension, removal
or repair of a flue, or
(c)
the connection of a gas installation to, or the
disconnection of a gas installation from, a gas supply point,
or
(d)
the connection of a gas appliance to, or the
disconnection of a gas appliance from, a gas installation (otherwise than
where the point of connection is a gas outlet socket), or
(e)
the connection of a gas container, gas regulator
or gas appliance to, or the disconnection of a gas container, gas regulator or
gas appliance from, a gas installation (otherwise than where it is designed to
be readily detachable from the installation whether by the use of a tool,
mechanical force or otherwise).
high risk battery
article—see section 6.
holder of a model
approval means the person to whom a model approval has been
given.
investigator means a
person appointed as an investigator under section 18 of the Fair Trading Act 1987.
liquefied petroleum
gas means a liquid or gaseous substance containing a mixture
of hydrocarbons, basically consisting of butane or butene or propane or
propene, or any mixture of them.
mark includes
label.
mechanical services
and medical gas work has the same meaning as in the Home Building Act 1989.
medical facility means
the following—
(a)
a hospital within the meaning of the Public Health Act
2010,
(b)
an aged care facility,
(c)
(d)
another place where medical gas is supplied or
removed (except as prescribed by the regulations).
medical gas means a
substance used for medical purposes and prescribed by the regulations as a
medical gas.
medical gas
installation means a reticulated system of pipes, hoses or
lines in a medical facility that conveys or controls the supply or removal of
medical gases, including associated fixtures or fittings and any other thing
prescribed by the regulations, but not including anything connected to and
extending or situated beyond a wall outlet or NIST fitting.
medical gas technician
work means the commissioning, testing, verification or
certification of a medical gas installation.
medical gasfitting
work means the construction, installation, replacement,
repair, alteration, maintenance, testing or commissioning of a medical gas
installation and includes incidental design work.
model approval means an
approval for a model of electrical article given by the Secretary under
section 16.
model specification
for an electrical article—see section 16 (1) (c).
natural gas has the same
meaning as it has in the National Gas (NSW)
Law.
place includes land (whether or
not covered with water), premises, buildings and other
structures.
process
commencing proceedings for an offence—see section
68.
recognised external
approval scheme means any scheme for the approval or
certification of models of electrical articles that is declared under section
20 to be a recognised external approval scheme for the purposes of Part
2.
registered health
practitioner has the same meaning as it has in the Health Practitioner Regulation National Law
(NSW).
relevant authority,
in relation to another State or a Territory, means the authority prescribed by
the regulations as the relevant authority for the other State or the
Territory.
Secretary means—
(a)
the Commissioner for Fair Trading, Department of
Finance, Services and Innovation, or
(b)
if there is no person employed as Commissioner
for Fair Trading—the Secretary of the
Department.
sell includes—
(a)
auction or exchange, and
(b)
offer, agree or attempt to sell,
and
(c)
advertise, expose, send, forward or deliver for
sale, and
(d)
cause or permit to be sold or offered for sale,
and
(e)
hire or cause to be hired,
and
(f)
display for sale or hire.
Note—
See subsection (3) in relation to display of
electrical articles and gas appliances for sale.
serious electrical
accident—see section 39.
serious gas
accident—see section 39.
specification includes
(but is not limited to)—
(a)
a standard, code, rule, testing requirement or
other specification approved, recommended, adopted or published by Standards
Australia, and
(b)
a standard, code, rule, testing requirement or
other specification described in, or prescribed by, the
regulations.
Note—
The Interpretation Act
1987 contains definitions and other provisions that affect
the interpretation and application of this Act.
(2)
In this Act—
(a)
a reference to a gas appliance
includes a reference to a gas component, and
(b)
a reference to a type of gas
appliance is a reference to each gas appliance of the same
design constructed to identical specifications, and
(c)
a reference to a model of electrical
article is a reference to each electrical article of the
same design, material and construction.
(3)
For the purposes of this Act—
(a)
an electrical article (whether or not a declared
electrical article) that is displayed for the purpose of advertising, or
otherwise in connection with, the sale of other electrical articles of the
same model, or
(b)
a gas appliance that is displayed for the purpose
of advertising, or otherwise in connection with, the sale of other gas
appliances of the same type,
is to be treated as being displayed for
sale.
(4)
The regulations may make provision for when
electrical equipment (or any part of electrical equipment) of the kind
referred to in paragraph (a) of the definition of electrical
installation in subsection (1) is taken to form part of an
electrical installation at a place for the purposes of that
definition.
(5)
Notes included in this Act do not form part of
this Act.
s 4: Am 2017 No 50,
Sch 5.12 [1]; 2018 No 18, Sch 2.8; 2020 No 17, Sch 1[1]–[4]; 2020 No 25,
Sch 7.2[1]; 2020 No 32, Sch 9.2[1] [2].