Energy Safe Victoria is assessing whether to exercise its powers to restrict the supply and sale of open-flued gas space heaters (OFGSHs) that do not comply with the current AS/NZS 5263.1.3 standard.
After a consultation in 2020–21 to decide on the best approach to phasing out of OFGSHs that may pose safety risks for households, the government chose to fast-track the development of amendments to the relevant Australian Standards (AS/NZS 5263.1.3 and AS/NZS 5263.1.8) and issue a technical guidance bulletin. The proposed amendments and guidance bulletin were intended to ensure that only OFGSHs fitted with additional safety features could be supplied after January 1, 2022.
However, following recent consultation with DELWP and industry, Energy Safe Victoria says it is not satisfied that the preferred approach has been effectively carried out by gas appliance manufacturers. It is now considering exercising its powers under s 69A and s 76 of the Gas Safety Act 1997 to prohibit the supply of existing OFGSHs in Victoria which do not comply with the current Standard and to declare that non-compliant OFGSHs can no longer be supplied or sold in Victoria.
This would apply to all OFGSHs in Victoria, including second-hand OFGSHs, whether sold online, through a shopfront or other marketplace, that do not meet the requirements detailed in the standard.
Energy Safe Victoria is now consulting industry stakeholders on the proposed regulatory action. It has issued a consultation notice and draft Instruments for public review and response.
The consultation period is open until close of business, Thursday, June 8, 2022.
Interested parties are invited to make a submission in relation to any of the following matters:
- The need for, scope and timing of the proposed prohibition and declaration
- The impact that the proposed prohibition and declaration may have on businesses or the gas appliance industry
- The wording of the draft prohibition notice and declaration notice, including any errors identified or other issues that require correction
- Any other issue or matter the commission should consider before deciding whether or not to proceed with either or both of the proposed enforcement actions as described above.
For more information on the consultation and to submit feedback, click here.