Gas appliances – online sales

Purpose

This web page outlines the minimum legal requirements and recommended practices for online marketplace operators within Australia for Type A gas appliance listings, posted by their clients. It includes the requirements of all jurisdictions in Australia.

Scope

Gas appliances are classified as either Type A or Type B appliances. Type A are domestic appliances or commercial catering appliances. Type B appliances are industrial plant and equipment and are unlikely to be sold via consumer marketplaces.

Type A and Type B appliances have different acceptance requirements. This Guidance material applies to the certification requirements for the sale and supply of Type A gas appliances only.

Legislative Framework

There are statutory requirements in each state and territory of Australia that make it an offence to sell or supply, or offer to sell or supply, a Type A gas appliance that is not accepted or certified.

In Australia, Type A gas appliances must be certified by an authorised Conformity Assessment Body (CAB) before they can legally be offered for sale or hire online (or in any other marketplace). The appliance must be certified at the time of manufacture. These certification requirements extend to the sale of second-hand appliances.

Certification

Product Acceptance

A CAB is an independent third party who verifies compliance with Australian standards for Type A appliances and has been authorised by gas safety and technical regulatory authorities.

If a Type A appliance meets the certification requirements (contained in the relevant Australian gas standards), it is ‘accepted’ by the certifying CAB and can be offered for sale. Certification must be established at the time of manufacture. Each CAB issues unique certification numbers for products.

Appliances that have been certified will have a compliance plate attached with the certificate number. Certified appliances are also captured on the Gas Technical Regulators Committee (GTRC) national database: http://equipment.gtrc.gov.au

Newer certified appliances will also have gas compliance marks (GCMs) fitted.

An example of the Gas Compliance Mark (GCM).

Newer appliance – Gas Compliance Mark (tick) shown with the mark of the CAB.

Example of the marks of the the different CABs.

Australian Standards

Type A appliances need to be certified to the relevant Australian gas standards, which may include:

• AS/NZS 5263 – Gas appliances
• AS/NZS 2658 Portable and mobile LPG appliances
• AS 4563 Commercial catering gas equipment

Overseas certifications (including CSA (North America) and CE(Europe)) are not sufficient.

In addition, if the appliance uses electricity, it must meet the necessary Australian electrical standards and requirements. For more information, see: https://www.energysafe.vic.gov.au/industry-guidance/electrical/appliances-equipment-and-manufacurers/selling-appliances-and-equipment

For example, electrical equipment approved for sale and supply within Australia will bear the Regulatory Compliance Mark (RCM).

The Regulatory Compliance Mark (RCM) is the trade mark owned by the Electrical regulator (Regulatory Authorities (Ras)) and Australian Communications Media Authority (ACMA).

Further details about the RCM can be found on the EESS website.

Prohibited appliances

Type A appliance can be prohibited in Australia on a national, or state level.

Open flued space heaters and flueless space heaters are type A appliances that are prohibited in certain states in Australia unless they meet specified requirements. They can be dangerous in certain conditions, even if they were certified at the time of manufacture. It is an offence to offer them for sale or supply in states where they are prohibited. This also applies to second hand appliance sales.

Prohibited appliance types – state-by-state breakdown

¹ A small number of OFGSHs meet the new performance requirements and are exempt. These appliances will have current certifications which may be checked at: http://equipment.gtrc.gov.au.

Gas Compliance Mark

Once an appliance has been certified, the manufacturer is responsible for ensuring the Gas Compliance Mark (GCM) is displayed on the appliance. There is a common Gas Technical Regulators of Australia GCM.

The appliance will also display the CABs unique proprietary mark and a certification approval number.

Gas Compliance Marks

Details of the Gas Technical Regulators of Australia Gas Compliance Mark can be found on the GTRC website.

Older appliances will not necessarily have a Gas Compliance Mark. In this instance, the proprietary markings of the CAB and the certificate number from the CAB is required instead.

Product recalls

Listings should be screened to ensure they are not subject to a product recalls. Refer to ACCC Product Safety Australia Recalls. Under the ‘Product category’ menu, select ‘Gas products and appliances’.

Unsafe appliances

Gas appliances that are sold or supplied (including second hand) must be safe. It is an offence to knowingly, recklessly or negligently supply, offer to supply, sell or offer to sell an unsafe appliance.

Best Practice

Photographs

The easiest way to demonstrate that a Type A gas appliance is certified is to include its certification approval number in the technical description, as part of the listing. Alternatively, you may use an image of the appliance which clearly displays the relevant compliance marks in the listing:

This demonstrates that the appliance complies with the Australian certification process and relevant standards.

Compliance Plates

Anyone who sells or supplies a Type A gas appliance, including online marketers, must ensure that all gas appliances have a compliance (data) plate affixed to them, and that those appliances are in a proper state of repair.

The sale or supply or offer to sell or supply an unlabelled Type A appliance is an offence. Type B appliances have separate labelling and approval requirements and are not within the scope of this Information Sheet.

Information to include in online listing

Each online listing for a Type A appliance should include the following information to help establish it’s certification status:

• Gas Type
• Model Number
• Brand Name
• Certificate Number/Approval Number

The details can be taken from the attached compliance plate and should match exactly the corresponding field in the GTRC database – which can be accessed at: http://equipment.gtrc.gov.au. These details enable Gas Technical Regulators and consumers to easily determine if a Type A appliance is certified.

Provision for separate and compulsory fields for each of these items would be considered best practice for a marketplace operator.

Including the information from these fields in the item description is a useful alternative.

Selling Gas Appliances Online FAQ

To assist your clients and consumers in understanding their rights and responsibilities in relation to Type A appliances, we recommend posting the FAQ factsheet or questions in a prominent place on your website:

Selling Gas Appliances Online – Frequently Asked Questions

Non-compliance

Authorities that identify uncertified appliances, or form the view that a product is uncertified, may request the marketplace to remove the listing and communicate these issues to the seller.

Non-compliance, including relisting without addressing identified concerns or continued non-compliance, may result in enforcement action being taken against the seller or supplier, including the issuing of infringements or prosecution.

Assistance

If there are questions about specific listings or appliance types or if you suspect a vendor is selling a gas appliance that is unsafe or is not suitable for Australia please refer to GTRC Contacts for ‘Gas Appliances’ or ‘Gas Appliances Domestic and Commercial’ depending on the jurisdiction.