Amendments of the Inspection of Machinery Regulations (ACT)

Regulations 1975 No. 21

Regulations under the Machinery Ordinance 1949-1966.*

I, G O R D O N M U N R O B R Y A N T , the Minister of State for the Capital

Terr i tory, hereby make the following Regulations under the Machinery	Ordinance
1949-1966.

Dated this twenty-second day of September, 1975.

G O R D O N M. B R Y A N T

Minister of State for the Capital Terri tory.

A M E N D M E N T S OF THE INSPECTION OF MACHINERY REGULATIONS!

1. These Regulat ions shall come in to operat ion on 1 December 1975.

2 . Regula t ion 3 of the Inspection of Machinery Regulat ions is repealed.

3 . Regulation 4 of the Inspection of Machinery Regulations is amended by

omitt ing paragraph (b ) of the definition of " m a c h i n e r y " and substituting the

following p a r a g r a p h : —

" (b ) o ther than for the purposes of Par t I I IA of these Regulations, the

Scaffolding and Lifts Ordinance 1957-1974 or regulations made

under that Ordinance;" .

4 . Regulat ion 18 of the Inspection of Machinery Regulations is repealed

and the following regulation is subs t i tu ted:—

" 18. ( 1 ) A n occupier who is dissatisfied with the requirements of a notice given in pursuance of regulation 16 or 17 may, within 21 days after the notice has been given to him, appeal to the Cour t of Petty Sessions.

f Regulations 1950 , N o . 7, as amended by Regulations 1969, N o .1.

" ( 2 ) On the hearing of the appeal the Cour t may, by order, confirm, set

aside or vary the notice and may make such other order as to it seems just.
" ( 3 ) Until the appeal is decided by the Cour t , the circular saw, machinery or engine, as the case may be, shall not be used unless the requirements of the notice have been complied with.".

5 . After Par t III of the Inspection of Machinery Regulations the following

Par t is i n se r t ed :—

" PART I I I A — N o i s e

" 22A. In this Par t , ' ear protect ion d e v i c e ' means a device that complies
with the requirements of the s tandard published by the Standards Association

of Austral ia and known as ' Austral ian Standard Specification for Hear ing

Protection Devices—A.S. 1 2 7 0 ' .

• Notified in the Australian Government Gazette on 30 September 1975.

" 22B. ( 1 ) A n occupier of premises shall no t require a person to per form work in a place in which the level of noise caused by the use of machinery on the premises exceeds 85 decibels when measured on the ' A ' weighting network.

Penal ty:  $200.

" ( 2 ) I t is a defence to a prosecution for an offence against sub-section (1 ) for the defendant to prove that , at the t ime at which the offence is alleged to have been commit ted, all persons employed by the defendant to work in the par t of the premises in relation to which the offence is alleged to have been commi t t ed—

( a ) were provided with ear protect ion devices;
( b ) had been instructed in the correct use of the devices; and
( c ) had been instructed to wear the devices in that par t of the premises.

" ( 3 ) If the wearing of an ear protect ion device is reasonably likely to give rise t o a situation of danger by impair ing the hearing of the wearer, the defence provided for by sub-section (2 ) is no t available to the occupier of the premises unless he has taken reasonable precaut ions to prevent injury to any person by reason of the creat ion of such a situation of danger.

" 22c . A person who is working on premises and w h o has been provided by the occupier of the premises with ea r protect ion devices shall, at all t imes while machinery on the premises is in use, comply with instructions given to h im by the occupier in connexion with the wearing of the devices.

Penal ty:  $100.

" 22D . It is a defence to a prosecution for an offence against regulation 2 2 c if, at the t ime the offence is alleged to have been committed, a duly qualified medical pract i t ioner had certified in writ ing that in his opinion it was undesirable, on medical grounds o r by reason of physical characteristics, for the defendant to wear the ear protect ion devices provided for h im and the certificate had no t been revoked." .