Compliance Register

QUEENSLAND GAS ASSOCIATION (Inc.)
CERTIFICATION RULES

Ver 1.10 Date :07/05

Certification Rules - The QGA Product Certification Schemes-
Full certification Approval, Individual Certification Approval.

Table of Contents

3. SCOPE

The Queensland Gas Association Inc. Certification Schemes for Full Certification and Individual Gas Appliance Certification are applicable to domestic and commercial gas appliances. The Schemes relate to the Essential Requirements agreed to by the Australian Gas Technical Regulators Committee (GTRC) and apply to any manufactured appliances using natural gas or LP gas as a fuel, including second-hand or refurbished appliances.

The following categories of Products fall within the Scope of the Scheme(s):

(a) Domestic gas-appliances including camping and leisure appliances such as domestic barbecues.
(b) Commercial gas-appliances.

• Each Test Report from an Authorised Laboratory operating in Australia shall be an official National Association of Testing Authorities (NATA) endorsed Test Report.
• Each Test Report from Authorised Laboratories operating overseas shall be similarly endorsed by an equivalent national laboratory accreditation body.

• Words importing the singular only shall also include the plural (and vice versa).
• Words importing one gender shall include every gender.
• Words importing persons shall include business names, bodies corporate and any other legal entity.
• A reference to Standards and/or Codes shall be
  deemed to be a reference to either one or both and includes such other safety related requirements of the QGA as amended from time to time as well as any Standards and/or Codes or safety related requirements of the QGA which may be substituted by another or any new Standard or Code or safety related requirement of the QGA as may be amended from time to time.
• The QGA reserves the right in its absolute discretion to apply one or more relevant Standards and/or Codes wholly or in part in
  the certification process.
• All fees, charges and other monies referred to in these Certification Rules are in Australian dollars.

• will make the necessary arrangements with an Approved Person (for the Individual Scheme) or an Authorised Laboratory or Body (for the Full Certification Scheme) to have the appliance assessed against the Essential Requirements.
• will provide to the relevant person or body any required access to the appliance and will also provide the required documentation.
• will pay to the relevant person or body any fees or charges payable for the services rendered.
• in the case of the Full Certification Scheme, will provide to QGA all test reports from the relevant person or body together with an application for certification under the Certification Rules of the Association.
• will fully disclose to the relevant person or body all relevant information in relation to the Sample Product and which information might reasonably be expected to be taken into account by the person or body when assessing the Applicant’s Application.
• authorises the QGA to discuss any matters relating to the Applicant’s Application with the relevant person or body.
• authorises the relevant person or body to disclose to the QGA all information or knowledge of which it is aware, regarding the Technical Design.

• The Approved person will undertake a series of inspections and tests to ensure that the Essential Requirements are complied with.
• These inspections and tests should, where possible, be based on the relevant Australian Standard.
• The Approved person will compile a certification report detailing all inspections, tests and results certify that these tests have been undertaken and send a copy of the report to QGA for filing.
• If requested by the applicant, the Approved person will provide to the applicant the estimated costs of testing prior to any work being undertaken.

• The Authorised Laboratory or body will establish a suite of inspections and tests to ensure that that the Essential requirements are complied with.
• These inspections and tests should, where possible, be based on the relevant Australian Standard.
• The Authorised Laboratory or body will compile a certification report detailing all inspections, tests and results certify that these tests have been undertaken and send a copy of the report to QGA.
• If requested by the applicant, the Authorised Laboratory or body will provide to the applicant the estimated costs of testing prior to any work being undertaken.

• If the appliance is suitable to be certified, the Approved Person shall affix a Maker’s Warranty Badge to the Appliance and shall include the number of the Maker’s Warranty Badge in the certification report.

• If the appliance is suitable to be certified, the QGA will provide a certificate to the Applicant and will provide up to 50 Maker’s Warranty badges for the Applicant to affix to appliances of the type tested.
• The QGA may, at its sole discretion, provide more than 50 badges to an applicant where the Applicant’s or a manufacturer’s system of factory quality management has ISO 9000 or equivalent accreditation.
• The applicant will pay the standard fee for the certificate and badges.
• QGA will maintain a register of all documentation including a record of the badge numbers issued.

• warrants if a manufacturer of a Production Unit, to manufacture each Production Unit in conformity with the Certified Design and that all manufactured appliances meet the provisions of the Essential Requirements.
• warrants, if not a manufacturer of a Production Unit, to ensure that each Production Unit is in conformity with the Certified Design and meets the provisions of the Essential Requirements.
• Will, prior to the re-issue of Maker’s Warranty Badges from QGA, provide to QGA an independent statement of audit which certifies that the appliances continue to meet the Essential Requirements and detailing any non-safety related modifications which have been made to the Certified Design.

• Will, upon receipt of an independent statement of audit and subject to any other inspections or audits by QGA or the Chief Gas Examiner, issue a further 50 Maker’s Warranty Badges and include details in the register.

• will obtain Maker’s Warranty Badges only from the QGA and only for the purposes of affixing such Badges to Production Units for which the Applicant holds a current Certificate.
• will pay the QGA such sum as may be required by it from time to time to enable the Applicant to obtain Maker’s Warranty Badges in respect of the Certified Design of a Product and the subject of a Certificate issued in the name of the Applicant. (The current fees for Maker’s Warranty Badges are set out in Appendix 2.)
• will affix or cause to be affixed the appropriate form of Maker’s Warranty Badge to each Production Unit manufactured, distributed, sold or otherwise disposed of by it throughout the currency of the Certificate.
• will not affix and will not permit any other party to affix a Maker’s Warranty Badge to any Product, the Technical Design of which does not comply with the Certified Design for that Product and the Essential Requirements.
• will surrender to the QGA all Maker’s Warranty Badges held by it immediately upon request by the QGA.
• acknowledges that the QGA ’s Maker’s Warranty Badges is the property of QGA.
• warrants that it shall not purchase Maker’s Warranty Badges for any Production Unit for which the Applicant does not hold a Certificate.
• will not provide any Maker’s Warranty Badges held by the Applicant to a third party for any purpose whatsoever unless approved in writing by QGA.
• will not accept from a third party any Maker’s Warranty Badge and will not affix any such Badge to any Production Unit unless such Badge has been provided to the Applicant by the QGA.
• acknowledges that the QGA may exercise its rights in the manner set out in Appendix 3 in the event that the Applicant fails to comply with the badging requirements of this section.

• acknowledges and accepts that product which varies from the Certified Design in any manner which could affect the safety of the appliance is not covered by the certification.
• will promptly notify the QGA of any proposed modification or change to a Certified Design as detailed above and will not proceed with any such modification or change to the Certified Design without the prior written approval of the QGA.
• will lodge an Application seeking approval from the QGA in the form required by it for any proposed modification or change to the Certified Design which could affect the safety of the appliance. (The current Application Form relating to proposed modifications and changes to a Certified Design is referred to in Appendix 1).
• will provide full assistance and will cooperate with the QGA to enable it to carry out its assessment of the proposed modification or change.
• will pay the fees and charges of the QGA arising out of the Application and as set out in Appendix 2.
• authorises the QGA to contact the manufacturer of a Production Unit if the Applicant is not the manufacturer of the Production Unit and to discuss with the manufacturer the Application for modification or change to the Certified Design made by the Applicant.

• will promptly process any Application received by it and relating to any proposed modification or change to a Certified Design in accordance with the principles outlined in Clause 5.1.
• will, where appropriate, issue a replacement Certificate to the Applicant which will extinguish the prior Certificate.

• will take all necessary steps to remain fully aware of current certification requirements relating to the Certified Design and shall lodge an Application with the QGA to address such new and/or amended certification requirements.
• will promptly advise the QGA, in writing, of any issues that compromise, or may compromise compliance of the Certified Design with current, amended or new certification requirements.
• will advise the QGA, in writing, of any intended or proposed modification or change to the Certified Design considered necessary in order to comply with new or amended certification requirements prior to introduction of the modifications or change and shall not undertake any modification or change without the prior written approval of the QGA.
• will promptly make any changes to the Certified Design as may be required by the QGA as a result of any amended or new certification requirements.

• will advise all certificate holders of any amended or new certification requirements.
• will promptly respond to notification from the Applicant advising the QGA of any intended or proposed modification or change to the Certified Design resulting from amended or new certification requirements and notify the Applicant, in writing, regarding implications for continuance of the Certificate.
• will where compliance with new certification requirements is established to the satisfaction of the QGA, promptly reconfirm in writing, the Certificate of Compliance.

• will, as required by these certification rules appoint an auditor acceptable to the Association to certify compliance with the Certified Design and Essential Requirements of the Association.
• The auditor will undertake such tests as the auditor deems necessary to provide assurance that the requirements of the Association are being adhered to.
• Prior to undertaking an audit, the auditor shall inform the Association and shall include in the audit any additional inspections or tests as required by the Association.
• The applicant shall pay all costs associated with the audit.
• The auditor shall provide a report to the Association stating whether or not the appliances still comply with the requirements of the Association.
• Should the Auditor’s Report show that the Appliance as manufactured has deviated from the Certified Design, the Certificate holder shall immediately advise the Association what steps will be taken to rectify that non-compliance.
• If the non-compliance is one which may affect the safety of the appliance, the certificate holder will cease production immediately and notify the Association and the Chief Gas Examiner.

• will monitor ongoing audits and make requests for any changes deemed necessary to bring appliance into conformity with the requirements of the Association.
• will advise government and regulatory bodies concerned with public safety in the event that the QGA reasonably believes that a significant safety issue has been disclosed by an Audit.

• will advise the QGA immediately that it becomes aware of any matter which involves or may involve the unsafe operation or condition of a Production Unit and will otherwise comply with the Applicant’s obligations at law.
• will immediately make available to the QGA all information held by it, which relates to any possibly unsafe or unsafe operation or condition of a Production Unit.
• will fully cooperate with the QGA and authorize the QGA to contact relevant government and regulatory bodies concerned with public safety in the event of an unsafe or possibly unsafe operation or condition of a Production Unit.
• will initiate every reasonable action to rectify the unsafe or possibly unsafe operation or condition of a Production Unit.

• will contact and assist government and regulatory bodies concerned with public safety in the event that it becomes aware of the possibly unsafe or unsafe operation or condition of a Production Unit.

• aknowledges and accepts that the QGA may suspend and/or cancel a Certificate held by the Applicant where the QGA believes that the appliance does not meet the Essential Requirements of the Association and presents a danger to the public.
• In determining the compliance or otherwise with the Essential Requirements, the QGA shall take into account and accident data, audit reports and other relevant information.
• undertakes that it will not market or offer for sale, sell or otherwise dispose of for gain or otherwise any Production Unit for which a Certificate has been suspended or cancelled.
• will not claim, imply or infer in any way whatsoever that the Technical Design of any Product is the subject of a Certificate if that Certificate has been suspended or cancelled by the QGA.
• will not affix a Maker’s Warranty Badge to any Production Unit for which a Certificate of Compliance has been suspended or cancelled by the QGA.
• authorises the QGA to notify regulatory and/or government bodies concerned with public safety of the suspension or cancellation of a Certificate if the suspension or cancellation relates, either directly or indirectly to public safety.
• will promptly return to the QGA all Certificates of Compliance held by the Applicant which have been the subject of cancellation by the QGA.
• acknowledges that cancellation of a Certificate is irrevocable and that a new Application seeking certification must be lodged with the QGA in the event that the Applicant seeks re-certification.
• may in writing by its authorised representative, request the QGA to cancel a Certificate.

• may only suspend any Certificate held by the Applicant on the grounds that the appliance no longer meets the Essential Requirements of the Association and presents a danger to users and the public.
• may only cancel a Certificate held by the Association when requested to do so by the certificate holder or after all reasonable steps have been taken to resolve the suspension of the Certificate and where the certificate holder has been given sufficient time to resolve the issues.
• shall advise the Chief Gas Examiner prior to any cancellation taking place.
• shall advise all regulatory and/or government bodies concerned with public safety in the event that it has suspended or cancelled a Certificate.

• will promptly notify the QGA in writing of any proposed Transfer of a Certificate to another party or legal entity (proposed transferee) and will not infer to any party or legal entity that any such transfer has taken place, without the prior written approval of the QGA.
• will provide the QGA with all necessary information required by it to enable the processing of the Transfer and will meet the QGA ’s charges in processing the Transfer.
• will ensure that the Applicant and the proposed transferee execute such documentation as may be required by the QGA to effect any Transfer.

• the giving of any assistance and/or advice prior to the time an Application is made.
• the inspection or testing (whether before or after the grant of a Certificate of Compliance) of any Sample Product, including the giving of any advice and/or assistance during the testing or inspection process.
• any advice and/or assistance given in the course of or in connection with the testing or inspection of a Sample Product or Production Unit.
• the issuing of a certification number and Maker’s Warranty Badges.
• the granting of any Certificate.
• the affixing of any Maker’s Warranty Badge.
• the installation (in accordance with all applicable Acts and Regulations) of any Production Unit bearing a Maker’s Warranty Badge.
• the carrying out of any Audit and any actions undertaken following an Audit.
• the suspension or cancellation of any Certificate or the lifting of a suspension.
• the contacting of government bodies concerned with public safety and discussing with those bodies any matters concerning a Sample Product, a Production Unit, a Certified Design, any Audit or a Certificate.

• A completed Application for Certification Approval/Change Form signed by an authorised employee of the Applicant.
• Payment of the applicable fees and charges as stipulated in the current Fee Schedule (refer Appendix 2 of the Certification Rules).
• One copies of Product Specifications which clearly identify the Sample Product. These shall provide an engineering description of the Sample Product and cover physical configuration and structure, dimensional relationships, electrical hardware and software, materials and components. The specifications are also to include two copies of fully dimensioned A4 size drawings and instructions relating to installation, operation and maintenance applicable to the product.
• A completed Undertaking and Indemnity Form (QGA Reference F0918); and
• Any other information the Applicant wishes the QGA to consider in its certification assessment.

Notes:
1. The Applicant is responsible for ensuring Submittal Documentation is consistent with any specification requirements described in the Standard/Code applicable to the Sample Product and must be acceptable to the QGA.
2. Applications received without the necessary supporting documentation and payment (as described above) will be rejected and returned to the Applicant.
3. Applicants are advised to refer to the AGA web-site www.gas.asn.au or the QGA Technical Office (tele: 03 9580 4500) to confirm the current versions of the listed Forms and Fee Schedule.

• in the opinion of the QGA , continuance of a Certificate may result in a significant or potentially significant threat to public or consumer safety.
• the Applicant is unable, or refuses to meet one or more than one of the Applicant’s obligations under these Certification Rules.
• the Applicant is unable, or refuses to fulfil its financial obligations to the QGA with respect to fees and charges payable in accordance with Appendix 2 and these Rules Governing as amended from time to time.

• will not, except in exceptional circumstances, cancel a Certificate without first suspending the Certificate and affording the Applicant reasonable opportunity to fulfil the Applicant’s obligations under these Certification Rules.

• may cancel a Certificate when, in the opinion of the QGA, continuance of the Certificate may result in a significant, or potentially significant threat to public or consumer safety.
• may cancel a Certificate, together with any other Certificates of Compliance held by the Applicant, in circumstances in which the Applicant is unable, or refuses, to fulfil its financial obligations to the QGA with respect to fees and charges payable in accordance with Appendix 2 and these Certification Rules as amended from time to time.
• will cancel a Certificate immediately upon receiving a request from an Australian Court of Law, regulatory or government body.
• may cancel a Certificate when the Applicant is unable, or refuses to meet one or more than one of the Applicant’s obligations as described in these Rules Governing.

• To help ensure that Production Units continue to be manufactured in accordance with the Certified Design; and to help ensure the Certified Design is reviewed in light of new or changed certification requirements.

• The audit process is routinely based upon a selective review of a single (or restricted number) of Production Units. Audits are generally conducted at the Applicant's premises (or that of their nominated representative) and, as such, are unable to involve detailed laboratory testing.

• The QGA reserves the right to conduct audits on randomly selected Production Units as and when it sees fit.
• It is intended that Audits should be conducted on a regular basis and normally (but not necessarily) by arrangement with the Applicant.
• An Audit is essentially a visual comparison of a Production Unit with elements of the associated Certified Design and the current requirements prescribed in the applicable Standard(s) and/or Code(s).
• Individual audits may not necessarily cover all features, versions or components of the Certified Design but should (over time) cover most of them.
• Irrespective of nature, severity or cause, auditors will report all audit non-compliances disclosed by the Audit to the QGA.
• In addition to any fee to renew a Certificate, all failed audits relating to that Certificate will attract an audit charge based on the current hourly rate (i.e. on-site audit time plus a reasonable estimate of pre/post audit administrative and total traveling time).
• The QGA may recover from the Applicant non-standard expenses incurred by it arising from an Audit.
• For a Certificate to remain current, the Applicant must pay the required Renewal Fee each year and make a Production Unit available for audit.
• The QGA will suspend the Certificate for any Production Unit failing an Audit for reasons that, in the opinion of the QGA, may represent a significant safety problem. Such suspension shall remain in force until such time as the QGA advises the Applicant otherwise in writing.
• Where, in the opinion of the QGA, a standard Audit is unable to adequately confirm continued compliance with current certification requirements, and where it has reasons to suspect a significant non-compliance may exist, the Applicant agrees to submit a Production Unit for laboratory re-testing at its own expense.
• Where no Production Unit relating to a certification has been assessed in a laboratory for in excess of 10 years, the QGA may request appropriate laboratory re-testing, and the Applicant agrees to comply with such request and at the Applicant's expense.

• Natural Gas (NG)
• Town Gas (TG)
• Tempered Liquefied Petroleum Gas (TLP)
• Liquefied Petroleum Gas (LPG)

• Propane (P)
• Butane (B)
• Universal (U)

• TAS Magazine (Australian Standards)
• QGA Publications, including Technical Bulletins.
• Public advertisements.
• The QGA website.