Inflammable Oils Act 1908 (SA)

ANNO OCTAVO

EDWARDI V11 ELEGIS.

A.D. 1908.

No. 958.

An Act to regulate the Keeping, Conveying, and Sale of

Inflammable Oils.

[Asseated to, December md, 1908.1

E it Enacted by the Governor of the State of South Australia,

B with the advice and consent of the Parliament thereof, as follows:

PART T. PART I.

PRELIMINARY AND INTERPRETATION.

Prelirnina, ry .

1. This Act may be cited as the " Inflammable Oils Act, 1908." short title.

A-968

2, 'Shis Act shall commence on a day to be fixed by Proclama- conmencement of

tion. Act.

3. This Act is divided into parts as follows :- DiviJon of A C ~.

PART I.-Preliminary and Interpretation.

PART 11.-Keeping of Inflammable Oil.

PART	111.- Marking of Packages.
P ART	I v.-Conveyance of Inflammable Oil.

PART v.-Governnlent Control and Inspection

PART vr .-Testing.

PART w.-Legal Proceedings.

PART v11r.-General Provisions. 4, The -

8" EDWARDI VII, No. 958.

I n @ m d e Oils Act.--1908.

-

PART I. 4, The Kerosine Storage Act, 1873," and the a Kerosine

-- -

Repeals.	Storage Amendment Act, 1874," are hereby repealed.
l 1 of 1873.
23 of 1874.

Interpretation.

Definitions. 5, In this Act, except where otherwise clearly indicated-

" Boat " means any vessel propelled by oars only.

"Carriage" includes any bicycle, vehicle, or conveyance of whatsoever kind:

Dep6t " means any pit, excavation, or enclosed place, whether situate in a building or not, which is constructed in such manner or surrounded by walls of such character that inflammable oil stored therei~r cannot escape therefrom in the form of liquid, either under the action of fire or other- wise:

Gazette " means the The South Australim Gorernment Gazette :

6LGovernment Analyst" means the person for the time being

holding the office of Government Analyst under appoint- ment by the Governor, or the person so appointed to perform the duties of the Government Analyst for the time being:

38 Vict., C. 17, E. 108.	"	Inland water " means any canal, river, lake, or water which is not tidal water:
Ibid.	Master" includes every person, except a pilot or Government officer, in command or charge of a ship; and in reference to any boat belonging to a ship means the master of the ship, and in reference to any other boat includes every perkm having command or charge of such boat:
Minister )' mcans the Minister of the Crown for the time being
Package " includes every means by which goods may be cased, administering this Act : covered, enclosed, contained, or packed:
Place " means any pa1.t of land or water, and includes any-

thing thereon:

Prescribed " means prescribed by this Act or by regulations

under this Act:

" Protected work " means-

( a ) A building in which any person dwells, or in which persons are accustomed to assemble for purposes of public concourse, public religions worship, public entertainment or amusement, education, or discussion, public offices, stores (bonded or free, or bonded and free combined), and other warehouses; and

8" EDWARDf VIt, No. 958.

( h ) A building in which persons are employed for the purpose PART 1.

of any trade or business, and which is not situate on premises registered or stores licensed uuder Part 11. of this Act:

( c ) A dock, wharf (as defined in this section), or timber yard,

and any part of a harbor, port., or river where it is

-

customary for ships to berth, moor, or lie; and,

(d ) Subject to the provisions of section 15 of this Act a depBt

in which any inflammable oil is kept:

( e ) Any other place which the Governor by Proclamatioii in

the Gazetie declares to be a protected work:

" Screen wall" means a wall of brick, stone, concrete, solid earth, or other substance efficient for the purpose of preventing the spread of fire from any one place to any other place, and shall be deemed to intervene when straight lines drawn from every part of a depiit to every part of a protected work pass through such screen wall:

" Ship " includes every description of vessel used in navigation not propelled by oars only:

This Act" includes any licence, certificate, order, rule, or regulation granted or made in pursuance of this Act:

Tidal water " means any part of the sea or inlet thereof, or 38 vi~t. , c. 1 7, ~. 108.

of a river or other water within the ebb and flow of the

tides at ordinary spring tides:

" Town " means the City of Adelaide and any municipality incorporated under " The Municipal Corporations Act, 1890," or any Act amending or substituted for the same:

': Wharf " includes any quay, landing place, landing stage, 38 Vict., c. 17, s. 108.

jetty, pier, hulk, or other place at which goods arc landed,

loaded, or unloaded.

6, " Inflammable oil" means any oil, liquid, or spiiit derived Definition of schist, coal, peat, " inflammable oil."

wholly or in part from any petroleum, shal~,

bitumen. or anv other similar substance; and which has a true

fla~hing'~oint d less than one hundred and fifty degrees Fahren-

heit; and any other liquid which the Governor, by Proclamation in

the Gazette, declares to be an inflammable oil.

7. For the purposes of this Act inflammsble oils are divided	Classification of
" inflammahle oil!'

in to " petrol " and " kerosine "; and

(a) " Petrol " means any inflammable oil which has a true flashing point of less than seventy-three degrees Fahrenheit; and

( b ) '' Kerosine" means any inflammable oil which has a true flashing point of not less than seventy-three degrees	lJroc4amation under Common wealth
Customs Act, Cotn-

Fahrenheit. monwealth Gazette,

. n November 19th, 1904.

-, 8, For

4 8' EDWARDI VII, No. 958.

InfEammckbZe Oils Act.-1 908.

PART I. 8, For the purposes of this Act the true flashing point of an

Flashing point.

inflammable oil shall be that defined in the Schedule hereto when

the oil is tested in the manuer set forth in the said Schedule.

PART 11. PART 11.

KEEPING O F INFLAMMABLE 011,.

premises may be Stores and 9, stores or premises may, upon payment of such fees and sub- lic,nsed or r e g i a t e i. ject to such conditions as are prescribed, be licensed or registered by

the Minister for the keeping of inflammable oil.

only limited	10,	Subject to section 4s: no person shall keep inflammable oil
quantities

kept in unlict nsed be m.d except in a licensed store or in registered prcmises: Provided that

unregistered stores	nothing shall prevent the keeping of inflammable oil-
and premises.

(a) I n quasltitics not exceeding the following :-

l. Four hundred gallons of kerosine, if no petrol is kept by any person within a. distance of fifty feet thereof, or if any petrol is so kept, then if either the petrol or the kerosine is kept completely surrounded by a screen wall:

11. One hundred gallons of kerosine if petrol is kept by any

person within a distance of fifty feet thereof, and neithel. the petrol nor the kerosine is kept completely surrounded by a screen wall:

:r l. Fifty gallons of petrol: Provided that all the petrol in

excess of five gallons is contained in substantial closed metal vessels, none of which contains more than ten gallons of petrol:

( b ) On a ship, boat, or carriage, while being conveyed thereon

in accordance with this Act:

(c) I n the fuel tank on a motor carriage or motor-propelled ship. Penalty, not exceeding One Hundred Pounds. Registered Premises.

Registered premises. 11, NO person shall keep inflammable oil in registered premise8

in quantities exceeding the following :-

( a ) Eight hundred gallons of kerosine if no petrol is kept by any person within a distance of fifty feet thereof, or if any petrol is so kept, unless either the petrol or the kerosine is kept completely surrounded by a. screen wall:

( h ) Three hundred gallons of kerosine if petrol is kept by any

person within a distance of fifty feet thereof; and neither the petrol nor the kerosine is kept completely surrounded by a screen wall:

(c) If the premises are situated within the boundaries of any municipality, town, or township, one hundred gallons of petrol; or if not so situated, two hundred gallons of petrol.

Penalty, not exceeding One Hundred Pounds. 12. Every

8" EDWARDl Vff, No. 958.

12, Every person keeping inflammable oil in registered premises and every person in or about such premises shall comply with the Rules ]'A m 1 1.

p to regietered

following rules :- premisea.

(a ) All inflammable oil kept in the premises, except so much as is withdrawn for immediate use, shall be kept in a dep8t exclusively ap yropriated to the purpose, and thoroughly ventilated:

( b ) The depirt shall not be situated within a building wherein persons are accustomed to assemble for purposes of public concourse, public religious worship, public entertainment or amusement, education, or discussion, nor shall the dep8t be within an inhabited building, unless the dep6t is completely surrounded by a screen wall:

(c) No artificial light shall be brought within thirty feet of any place where any vessel containing inflammable oil is being kept, except a light of such construction, position, or character as not to be liable to ignite any inflammable vapor arising from snch inflammable oil:

( d ) There shall be no fire, forge, furnace, explosi\.e. highly in- flammable substance or other source of danger within fifty feet of the depirt, unless separated theref'rom by a screen wall:

( e ) All the inflammable oil shall be kept in closed vessels of

metal or other prescribed material. Every such vessel shall be so substantially constructed and maintained that no leakage whatever of liquid or vapor can take place therefrom:

(f) Every vessel containing petrol shall be clearly marked or labelled as provided in Part 111. of this Act:

(g) 811 clue precautions (whether prescribed or not) shall be taken explosives Regula-

for the prevention of accidents by fire or explosion, and for tion" lgoO.

the prevention of unauthorised persons having access to cf. 38 Vict-j c. 17, S. 23.

the inflammable oil kept on the premises, and no person shall do any act whatever which tends to cause fire or explosion.

Penalty, not exceeding One Hundred Pounds.

13. Whenever any of the conditions contained in section 12 are Registration may bd

not complied with, or in any case where the Minister thinks fit, the registration of premises may be cancelled, and such premises shall thereupon be deemed to be unregistered.

Licensed Stores.

14. Save as hereinbefore provided, no person shall keep inflam- Licensed .toms.

mable oil except in a licensed store. Penalty, not exceeding One

Hundred Pounds.

15. No

8" EDWARDI VII, No. 958.

PABT xi.

15. No store shall be licensed unless the following conditions are

Conditions as to	complied	with: -
licensing stoma.

(a) The store shall include one or more depats as defined by this Act exclusively appropriated to the keeping of inflammable oil and such goods as are specified in the licence; and all buildings and places adjoiaiq each other and occupied together shall be deemed to be the same store, and shall be included ih one licence:

(C) Where the store is situate in a town, every depdt therein shall have an effective covering roof of metal, sand, slate, or other uninflammable material, unless any such depcit is within another building, and that building has a roof or roofs externally uninflammable:

(C) Every dep6t shall be so situated as not to be within fifty

feet of any fire, forge, furnace, explosive, highly in-

flammable substance, or other source of danger:

(d) Every depBt shall be separated as prescribed from all protected

works:

(e) Every depdt shall be in all other respects situated and con- structed as prescribed.

Licence may be for-	16. Whenever any of the conditions contained in section 15 are not complied with, or in any case where the Minister thinks fit, the licence may be forfeited, and the store shall thereupon be deemed to be unlicensed.
feited.

Rules a8 to licensed 17. Every person keeping inflammable oil in a licensed store and

stores.

every person in or about the same shall comply with the follow-

ing rules :-

( a ) All inflammable oil kept in the store, except so much as is

withdrawn for immediate use, shall be kept in the dep6t

appropriated for the purpose, and the inflammable oil

shall be kept in substantial closed vessels of metal or	other prescribed material, so constructed and secured as to
prevent any oil from escaping therefrom in the form of liquid, except such as may be due to unavoidable leakage provided such leakage is remedied without delay:

( 6 ) Except as otherwise provided in this Act, the depat shall be

used exclusively for the keeping of inflammable oil and

the packages in which the oil is contained:

(C) No person under the age of fourteen years shall be employed inside any depdt or licensed store:

(d) No explosives, nor anything liable to spontaneous ignition or combustion, and no fire or light, except an artificial light of the construction and character prescribed, shall be taken into any dep6t, or slmll he placed, brought, or allowed to remain within fifty feet thereof, or of any in- flammable oil in course of conveyance to or from a depdt:

(4 No

8" EDWARDI VII, No. 958.

I n f i m d l e Oils Act.-1908.

( e ) No inflammable oil shall he received into or delivered from PART 11.

the store between sunset and sunrise except with the consent of the Chief Inspector in writing first had and obtained, unless an artificial light of the character pre- scribed be used:

( f ) No quantity of inflammable oil in excess of that specified in the licence shall he kept in the store:

(g) No person shall smoke- in any part of the store, and no person

shall bring any matches into any depbt or licensed store:

( h ) In every store.there shall be kept a sufficieut quantity of sand or other prescribed material so distributed about the store as to be immediately available for throwing on any inflaminnble oil which may be spilled or ignited:

(i) X11 reasonable precautions, whether prescribed or not, shall be taken for the prevention of accidents by fire or ex- plosion, and for the prevention of unauthorised persons having access to the inflammable oil kept in the store, and against every act whatever which tends to cause fire or explosion and is not reasonably necessary:

( j ) No person shall do or omit any act or thing whereby any licence may be forfeited.

Penalty, not exceeding One Hundred Pounds.

PART 111. PAET III.

MARKING OF PACKAGES.

18, No person shall keep, convey, sell, or expose for sale petrol Package containing

exceeding five gallons in quantity, unless the outermost package con- petrol to be merked.

taining the same is clearly marked in conspicuous letters-

"Highly Inflammable," together with the word '& Petrol," or with

the trade name under which the oil is sold. Penalty, not exceeding One Hundred Pounds.

19, No person shall keep, convey, S?& or expose for sale any Where fltlbhing point

kerosine exceeding five gallons in quantity, and having a true flash- ~ $ $ ' ~ ~ t

ing point of less than one hundred degrees Fahrenheit, unless the Fahrenheit.

outeimost package containing the same ia clearly marked in conspicuous letters "For Use In Oil Engines." Penalty, not exceed- ing One Hundred Pounds.

20. No person shall keep, convey, sell, or expose for sale nny Packagea containing kerosine to be marked

kerosine exceeding five gallons in quantity, and having a two &ahing point

flashing point of not less than o~le hundred degrees Fahrenheit ia not leas than one

unless the outermost package containing the same is clearly Fahrenheit. hundred degreea

marked in conspicuous letters Kerosine," or the trade name under

which the oil is sold. Penalty, not exceeding One Hundred Pounds.

PART

8" EDWARDI VII, No. 958.

Zfifim'W1CCble Oils Act.-1908.

PART IV.

CONVEYANCE O F INFLAMMABLE OIL.

Rule8 to conving,

loading, and unloading 21. Every person conveying, losding, or unloading inflammablt

inflammable oil. oil, or assisting in any of such operations, and every employer of any person in any of such operations, shall comply with the follow- ing rules :-

(a) The oil shall be contained in tanks or other vessels of metal or other prescribed material from which the oil cannot escape in the form of liquid, and so substantially constructed as not to be liable, except under circumstances of gross negligence or extraordinary accident, to be broken or to become defective or insecure in course of conveyance:

( b ) He shall take all due precautions, whether prescribed or not, to prevent any of the oil from escaping or being dis- charged into any part of a house or building, or of the curtilage thereof, or into any sewer or drain, or into any inland or tidal water;

( c ) He shall take all due precautions, whether prescribed or not, for the prevention of accidents by fire or explosion, and for preventing unauthorised persons having access to the oil, and shall abstain from any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purposes of the conveyance, loading, or unloading of the oil or of any other article carried therewith, and for preventing any other persons from committing any such act; and any such other person who, after being warned, commits any such act shall be deemed to commit a breach of these rules:

(d) The work of loading or unloading the oil on or from any ship or boat shall not be carried on between sunset and

sunrise without the permission of the Chief Inspector in	writing first had and obtained: Provided that, as regards
any ship or boat used in navigating the River Murray, such permission may be granted for any specified occasion or occasions, or as a general permission covering any period not exceeding twelve months.

Penalty, not exceeding One Hundred Pounds.

22. No master of any ship or boat shall convey, load, or unload any inflammable oil of a greater quantity than prescribed, unless he has first given such notice as prescribed to an inspector. Penalty, not exceeding One Hundred Pounds.

PART

8" EDWARDI VII, No. 958.

PART V.

GOVERNMENT CONTROL ANI) INSPECTION.

23, (1) The Governor may appoint a Chief Inspector and in- Inspectore.

spectors for the purpose of carrying out the provisions of this Act. Such Chief Inspector is referred to in this Act as the G Chid Inspector," and each such inspector, including the Chief Inspector, is referred to in this Act as "inspector." The Chief Inspector shall have all the powers of an inspector.

(2) Any assistant to thc Government Analyst may, upon the Government~nal~at.

direction of the Minister, exercise all the powers conferred on the

Government Analyst by this Act.

24, An inspector may- Powers of inapect r.

(a) At any time enter, inspect, and examine any place where he believes inflammable oil may be found:

( b ) Make any general or particular inquiries as to the obser-

vance of this Act:

( c ) Take without payment such samples of any substance

which he believes to be inflammable oil as are necessary

for the examination and testing thereof:

(d) Seize, detain, and remove any inflammable oil and any package, carriage, ship, or boat in which the same is contained, if he has reasonable cause to believe that there has been a contravention of this Act in respect of such oil:

(e) Where he believes it necessary in the public interest, with the consent of the Minister, destroy or render harmless any inflammable oil: Provided that in cases of immi- nent danger he may so act without such consent.

25, Every person on or about the place inspected shall-	assisted.
Inspector to be

( a ) Facilitate the entry, inspection, and examination by the

inspector:

(6) Answer all inquiries put as to the observance of this Act:

( c ) Facilitate the taking of the samples, seizure, detention, and

removal of any inflammable oil, packages, carriage, ship, or boat, and the destruction and rendering harmless of any inflammable oil.

Penalty, not exceeding One Hundred Pounds.

26, No inspector shall be liable, except in respect of any wilful Protection to

neglect or default, to any legal proceedings for anything done in	inspector.
pursuance of this Act.

8" EDWARDI VII, No. 958.

PART VI TESTING.

Standard model

apparatus for testing.

27. (1) A standard model of the apparatus for testing inflam- mable oil prescribed by this Act shall be deposited with and kept

in the oflice of the Government Analyst.

(2) The Governor may, by notice in the Gazette, declare that any

new model shall be the standard model, and that any then existing

standard model shall cease to be the standard model.

Veriilcation with

etandard model. 28. Apparatus constructed in accordance with this Act may

from time to time be submitted to the Government Analyst for the

purpose of being compared with the standard model and verified.

Stamping of

apparatus. 29, The Government Analyst may, on receipt of the prescribed

fees and subject to the prescribed conditions-

( a ) Stamp such apparatus, if found to be accurate, with a mark,

Bate, and number:

( b ) Stamp such apparatus, if found to be inaccurate, with a state-

ment showing the error in such apparatus with a mark,

date, and number.

Tests by unverified

apparatus to be 30, Any test made by an apparatus cshall be deemed inaccurate

deemed inaccurate. unless such apparatus has been compared with the standard model, verified by the Government Analyst, and stamped as aforesaid, within five years from the date of such test being made.

YART VII. PART VII.

LEGAL PROCEEDINGS.

Penalties recoverable

summarily. 31. All proceedings in respect of offences against this Act shall be by complaint or information, and shall be heard and determined in a summary way before any Special Magistrate or any two Justices of the Peace under Ordinance No. 6 of 1850 and Act No. 298 of 1883-4, or of any Act for the time being in force relating to the duties of Justices of the Peace or to summary pro- ceedings. Such Magistrate or Justices may make any order as to costs which he or they think fit: and may, in addition to the penalty, order the destruction or forfeiture of the inflammable oil and the packages containing the same or either of them.

Appeal. 32. There st~all be an appeal from any decision of any Special

Magistrate or Justices to the Local Court of Adelaide of Full Juris- diction. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any Act for the time being in force relating to appeals to such Local Court. The Court on such appeal may make any order as to costs which it thinks fit, although such costs elcceed Ten Pounds.

33B The

S6 EDWARDI VII, NO. 958

hflammable Oils Act.-1908.

33. The Local Court may state a special case for the opinion of - PART VII.

the Supreme Court. Special case.

ing to the practice of the Supreme Court on special cases, and may caae. 34, The Supreme Court shall deal with such special case accord- Practice on special

make such order therein, including any order as to the costs of the

in that Court and in the Courts below, as to the said

Supreme Court appears just.

35. In any prosecution under this Act any allegation or averment Averments which

in any complaint, information, or proceedings- need not be proved.

(a ) That a person therein named is an inspector appointed under this Act, or the Government Analyst, o r an assistant to the Government Analyst:

( b ) That the store therein mentioned is licensed or is not licensed,

as the case may be:

(c) That the premises therein mentioned are registered or are not registered, as the case may be:

shall be deemed to be proved in the absence of proof to the

contrary.

36. In any proceedings under this Act with respect to any article Analyst's certificate to be evidence.

analysed or tested in pursuance of this Act the production of the	,
certificate of the Government Analyst shall be evidence of the facts therein stated unless the defendant or person charged gives notice in writing to the plaintiff or prosecutor at least twenty-four hours before the date of return of the summons or hearing that he requires the Government Analyst to be called to give evidence.

37. The production of the Gazette containing any Proclamation, Gnzcttcprimcifack

notice, rule, or regulation, appearing or purporting to have been evidence.

issued or made under this Act, or the production of any document

from any such Proclamation, notice, rule, or regulation, issued or certified by the Chief Inspector to be a true copy of or extract

made under this Act, shall beprimd fizcie evidence of the issue or

making of such Proclamation, notice, rdc, or regulation, and that the,

same is in force.

38. All notices, certificates, and documents, including applica- rotices, sic., may be

tions for licences, directed by or required for the purposes of this sent by poet.

Act may be sent by post or otherwise, and if sent by post shall be deemed to have been received at the last moment of the day on which the same ought to have been received in the ordinary course of post.

39. (1) This Act shall not, save as is herein expressly provided, Saving of

exempt any person from any action or suit in respect of any

at common law.

nuisance, tort, or otherwise which might, but for the provisions of

this Act, have been brought against him.

. . (a) This

PART vrl. (2) This Act shall not exempt any person from m y indictment or other proceeding for a nuisance or for an offence which is indictable at common law or under any Act other than this Act, so, however, that no person be punished twice for the same offence.

(3) Where proceedings are taken before any Court against a per-

son in respect of any offence under this Act which is also an offence

indictable at common law or by some Act other than this Act, the Court may direct that, instead of those proceedings being continued, proceedings shall be taken for indicting the person at common law or under such other Act.

Pam V I L PART VIIT.

GENEltAL PROVISIONS.

Pcnaltiee and forfei-

tures are cumulative.	40, AU penalties shall be in addition to any forfeiture.
Disposal of forfeited
property.	41. All forfeited property shall be disposed of as the Ministe~

directs or as prescribed.

Maximum penalty.	42. (1) In this Act, the penalty set forth at the foot OT end of or elsewhere in a section or other provision indicates that any contra- vention of such section or provision, whether by act or omission, shall be an offence punishable upon conviction by the penalty so set forth.
Minimum penalty.	(2) The minimum pecuniary pendty for any offence against any provision of this ,4ct, whether on conviction for the first or any subsequent such offence committed by the same person, shall be one-. twentieth of the maximum prescribed.

Application of 43. X11 penalties recovered shall be applied as the Minister

penalty. directs.

44. Where the owner or ~riaster of a ship or boat is adjudged to

Bsouvery of peLalty

in case of h ip.	pay u penalty for an offence committed with or in relation to the	ship or boat the Court may, in addition to any other power they
have for the purpose of compelling payment of the penalty, direct that the same be levied by arrest and sale of the ship or boat and her tackle.

Forging stamp. 45. If any person forges or counterfeits any stamp or mark rc-

quired by this Act to be placed on apparatus for testing inflam- mable oil, or alters any such stamp or mark placed on any such apparatus, he shall be guilty of felony, and shall be liable on con- viction to imprisonment with or without hard labor for a term not exceeding five gears.

46. The Governor may, by Proclamation in the Gazelte,

declare-

(a) Any liquid to be '' inflammable oil ":

(h ) Any place to be a " protected work." 47. This

8" EDWAKDI VII, No. 958.

47. This Act shall not ~ p p l y to the keeping or conveyance of I'*m '111.

infiammable oil under the contl-ol of the Minister or of any Sawngas to

Government depart men t: Provided that any person commit ting :,"g%$:.

any act with respect to any such oil tending to cause fire or

explosion shall be liable to the like penalty as if the store or pre- mises in which such oil is kept were licensed or registered, or as if the oil were conveyed under the provisions of this Act.

4-8. The provisions of Part IT. of this Act shall apply only l i m i t of application

within municipalities, towns, and townships, and within five miles O'

of the boundaries thereof.

49. The Governor may from time to time make, alter, or repeal Regulations.

such regulations (not being inconsistent with the provisions of this Act) as may be necessary or convenient for carrying into effect the provisions of this Act, and in particular, but without diminishing the generality of this provision, for-

'I'rescribing the form and manner of applying for and granting licences and registrations, renewals, transfers, revocations, alterations, and amendments thereto, and fees to be paid: Provided that the fee for each registra- tion shall not exceed Five Shillings, and for each licence shall not exceed Two Pounds.

(6) Prescribing the situation of licensed stores and depAts,

and of screen walls, and regulating their construction

and fitting up:

(c) Prescribing the maximum quantity of inflammable oil to be kept in dep6ts according to their construction and situation and according to the description of inflam- mable oil kept therein:

(d) Prescribing the construction and character of artificial lights which may be taken into a dep8t:

( e ) Kegulating the keeping, storing, removing, and conveying

and the opening and closing of packages of inflammable

oil in registered premises, licensed stores, and dep8ts:

(f) Ilcterminiog the notice to be given by the master of any ship or boat of intention to convey, load, or unload inflammable oil:

(g) Determining the quantities of inflammable oils which may

be conveyed, loaded, or unloaded without giving such

notice:

( h ) Regulating the navigation of and places for mooring ships

and boats conveying, loading, or unloading inflammable

oil:

( i ) Regulating the description, construction, marking, ventila- tion, lighting, and general fitting up of ships, boats, and carriages to be used for the conveyance of inflammable oil: ( j ) Regulating

@ EDWARDI VII, No. 958. -

?n@m&e Ods Ad.--1908.

(j) Regulating the mode of stowing and keeping inflammable oil during transit, ~ n d of giving notice by brands, labels, or otherwise of the nature and destination of any package of inflammable oil:

(k) Regdating the hawking of inflammable oil:

( l ) Regulating the use of fires and lights on or near any ships, boats, or carriages loading or unloading inflammable oil, or in which inflammable oil is being or has been recently conveyed, and prohibiting the use of such fires or lights thereon or near thereto as may be dangerous:

(m) Regulating the placing, removal, and storage of inflammable

oil on or from any wharf and any place within two

hundred yards of any wharf:

(n) Regulating the conveyance, loading, and unloadiilg of

inflammable oil:

( 0 ) Altering or adding to the Schedule to this Act pre- scribing the manner of testing inflammable oil and the construction of test apparatus: Provided that the standard model of any apparatus made in pur- suance of such regulations deposited with the Govern- ment Analyst shall be so constructed as to give flash points corresponding to those given by the apparatus prescribed in the Schedule:

(p) Prescribing fees to be paid for testing inflammable oil, for testing, stamping, and marking apparatus, and for any other work done for the purpose of carrying out any of the provisions of this Act:

(q) Prescribing penalties not exceeding Fifty Pounds for any one offence for any contravention of any regulation.

Publication and

disallowance of 50, All regulations made shall-

regulationa and rules.	( a ) Be published in the Gazette;
( b ) Take effect from the date of publication, or from a later date to be specified therein; and
(c) Be laid before both Houses of Parliament within fourteen days after publication, if Parliament is in Session, at the end of such fourteen days, an& if not, then within fourteen days after the commencement of the next Session; but if either House of Parliament passes a resolutioa a t any time within thirty days after such ~egulations have been laid before such House, disallowing any such regulation, such rule or regulation shall thereupon cease to haye effect. Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before i t then no regulation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the com- mencement of the next Session of Parliament.

61. (1) Any

8" EDWARDI VII, No. 958. 15

Inflammable Oils Act.-1908,

51. (1) Any person desiring to dispute the validity of a regula- PART ~ 1 ~ 1.

tion may apply to the Supreme Court, upon affidavit, for a rule ~ ~ t i n g v a l i a i t y o t

calling upon the Chief Inspector to show cause why such regulation regulations.

should not be quashed, either wholly or in part, for the illegality

thereof.

(2) The said Court may make absolute or discharge the said rule, with or without costs.

(3) All regulations, unless and until so quashed, shall have the same effect as if enacted in this Act.

(4) No i*egulation shall be challenged or disputed in any other manner.

In the name and on behalf of His Majesty, I hereby assent

this Bill.

GEORGE R. LE HUNTE, Governor.

8" EDWARDI VII, No. 958.

R.B.-In this Schedule the expreesion oil'' means any liquid to be ieeted for the purpose of ascer-

taining its character ae inflammable oil.	Degrees of temperature m according to Fahrenheit's
thermometer.

I.-Nature of the Test Apparatus.

The appnratus consists of the following parts :-

l. An pi1 cup.

2. A corer, with slide, test lamp for oil, or test-flame arrangement for use with gas, and clockwork arrangement for opening and closing the holes in the cover, and for dipping the test flame.

3. A water bath or heating vessel.

4. A tripod (with jacket), and spirit lamp or gas arrangement for heating the

water bath.

5. A round bulb thermometer for testing the temperature of the oil, with scale

ranging from 55' Fahrenheit to 160' Fahrenheit.

6. A long bulb thermometer for testing the temperature of the water, with scale

ranging from 90' Fahrenheit to 220' Fahrenheit.

7. A mercurial or aneroid barometer.

The oil cup is a cylindrical flat-bottomed vessel, 2 inches in diameter, 2,z6 inches in height (internal), made of gunmetal or brass (17 B.W.O.), and tinned or silvered inside. It is provided with a projecting rim, -,$ inch wide, inch from the top, and 14 inch from the bottom of the cup, on which it rests when inserted in the water bath. A gauge is fixed on the inside of the cup to regulate the height to which

i t is to be filled with the sample under examination. The distance cf the point from

the bottom of the cup is 14 inch. The cup is provided with a close-fitting overlap- ping cover, made of brass (22 B.W.O.), which carries the thermometer, the test lamp, or test-flame arrangement, and the adjuncts thereto. The test lamp, which has a spout, the mouth of which is inch in diameter, or test-flame arrangement, is suspended upon two supports by means of trunnions, which allow it to be easily inclined to a particular angle and restored to its original position. The socket in the cover, which is to hold a round bulb thermometer for indicating the temperature of the oil during the testing operation, is so adjusted that the bulb of the latter ie

always inserted to distance of l & inch below the centre of the lid.

The cover is provided with three holes-one in the centre (0.2 square inch) and

two smaller ones (each 0.06 square inch) close to the sides. These are closed and

the holes, the suspended lamp, or test-flame arrangement, is caught by a projection opened by means of a pivoted slide. When the slide is moved so as to uncover	fixed on the slide, and tilted in such a way as to bring the end of the spout or test
flame just below the surface of the lid. As the slide moves back so as to cover the holes the lamp returns to its original position. Upon the cover, in front of and in a line with the nozzle of the lamp, is fixed a white bead, the diameter of which represents the size of the test flame to be used.
The water bath or heating vessel consists of two flat-bottomed copper cylinders (24 B.W.Q,)-an inner one of 3 inches diameter and 23- inches height, and an outer one of 53- inches diameter and 53 inches height; they are soldered to a circular copper plate (20 B.W.O.) perforated in the centre, which forms the top of the bath, in such manner as to inelose the space between the two cylinders, but leaving access to the inner cylinder. The topof the bath projects both outwards and inwards about 8 inch, that is, its diameter is about -$ inch greater than the body of bath, while the diameter of the circular opening in the centre is about the same amount less than that of the inner copper cylinder. To the inner projection of the top is fastened, by six small screws, a flat ring of ebonite, the screws being sunk below the surface of the ebonite to nvoid metallic contact between the bath and the oil cup. The exact distance between the sides and bottom of the bath and the oil cup is 3- inch. The bath is therefore so con- structed that when the oil cup is placed in position an air space or air chamber intervenes between the two; consequently, in applying the test to oils fllwhing below 115' Fahrenheit the heat is transmitted gradually to the oil from the hot water, through

the

EDWARDI No.

InfEammable Oils Act.-1908.

the air space. The water bath is fitted with a socket, set a t a right angle, for receiving

a long bulb thermometer, to indicate the temperature of the water.	I t is aluo
povided with a funnel, an overflow pipe, and two handles.

The water bath rests upon a tripod stand, which is fitted with a copper cylinder o r jacket ('L4 13.W.G) 64 inches diameter, so that the bath is surrounded by an enclosed air space, which retains and regulates the heat. One of t l ~ e legs of the stand serres as a support for a spirit lamp, which is attached to i t by a small swing bracket. The distance of the wickholder from the bottom of the bath is 1 inch. The clock- work arrangement by which, during the operation of testing, the slide is with- drawn and the test flame dipped into the cup and raised again as the slide is replaced is provided with a ratchet key for setting it in action for each test, and with a trigger for starting it each time that the test flame is applied. From the beginning to t he end of the movement of the slide the time takcn is to be exactly 3 seconds.

11.-Diveclions for Preparing and Usi?zy the Test Appuvatus.

1. Ptepartng the T a t e r Bath.

'She water bath is filled by pouring water into the funnel until i t begins to flow out at the overflow pipe. The temperature of the water a t the commencement of each

test, as indicated by the long bulb thermometer, is to be as follows :-

(a) 130' Fahrenheit when a flashing point at or about 73' Fahrenheit is to be

observed:

( b ) 160' Fahrenheit when a flashing point at or about 100° Fahrenheit is to be

observed:

( c ) 180' Fahrenheit when a flashing point a t or about 150' Fahrenheit is to be

observed.

This is attained in the first instance by mixing hot and cold water, either in the bath or in a vessel from which the bath is filled. until the thermometer which is prorided.for testing the temperature of the water gives the proper indication, or the water is heated in the bath by means of a spirit lamp or gas arrangement until the required temperature is indicated.

2. A.eparinq the Test Lomnp.

( a ) The test lamp is fitted with a piece of cylindrical wick of such thickness that

it fills the wick holder, but may be readily nloved to and fro for the purpose of adjusting the size of the flame. In the body of the lamp, upon the wick which is coiled within it, is placed a small tnft of cotton wool moistened with petroleum, any oil not absorbed by the wool being removed. When the lamp has been lighted the wick is adjusted by means of a pair of forceps or a pin until the flame is of the size of the bead fixed on the cover of the oil cup.

Should a particular test occupy so long a time that the flame begins to get smaller through the supply of the oil in the lamp bpcoming exhausted, three or four drops of petroleum are allowed to fall upon the tuft of wool in the lamp from a dropping- bottle or pipette p ro~ ided for the purpose. 'l'his can be safely done without inter-

rupting the test. ( b ) When using gas for testing, thc jet is to be lighted and then adjusted by	means of the tap controlled by means of a screw pinch cock or fine tap until the
flame is the size of the bead fixed on the cover of the oil cup.

111.-Filling the Oil Cup.

Before the oil cup is filled the lid is to be made ready by being placed upon the cup, i.e., the round bulb thermometer is to be inserted into the socket, so that the projecting rim of the collar with which it is fitted touches the edge of the socket, and the test lamp is to be placed in position. The oil cup is to be cooled when necessary to a temperature not exceeding-

(a) 60° Fahrenheit, when a flashing point a t or about 73' Fahrenheit is being

observed:

(6) 85O Fahrenheit, when a flashing point at or about 100' Fahrenheit is being

observed:

(c) 1 3h0 Fahrenheit, when a flashing point a t or about 150' Fahrenheit is being

obscrvcd:

by placing i t bottom downwards in water a t a suitable temperature. The oil cup is now to be rapidly wiped dry, placed on a level surface in a good light, and the oil to be tested is poured in without splashing until its surface is level with the point of the gauge which is fitted in the cup. The lid is then put on the cup a t once and pressed

down so that its edge rests on the rim of the cup. 1 V. -Application

C-968

VII, No.

Inflammable Oils Act .-1908.

IV.-Application of the ?'est.

1. The water bath. with its thermometer in position, is placed in some locality where it is not exposed to currents of air, and where the light is sufficiently subdued to admit of the size of the entire test flame being compared with that of the bead on the cover. The cup is carefully lifted, without shaking it, and placed in the bath, the test lamp is lighted, and the clockwork wound up by turning the key. 'The thermometer in the oil cup is now watched, and the clockwork is set in motion by pressing the trigger, when the temperature has reached-

(U) 63' Fahrenheit, when a flashing point at or about 73O Fahrenheit is being

observed:

( b ) 90' Fahrenheit, when a flashing point at or about 100° Fahrenheit is being

observed:

(c ) 140' Fahrenheit, when a flashing point at or about 150' Fahrenheit is being

observed:

If no flash takes place the clockwork is at once rewound and the trigger pressed a t

the next higher degree, and so on at every degree rise of temperature until the flash

occurs.

2. When a flashing point at or above 11 5O Fahrenheit is being observed the air chamber is to be filled to a depth of 14in. with cold water before the oil cup con- taining the oil to be tested is placed in position.

3. The temperature at which a flash occurs, if not within 8' of the temperature at which the testing was commenced, is the observed flashing point of the oil, and by correction of the observed flashing point for atmospheric pressure as hereinafter described, the true flashing point is obtained.

4. If, however, the flash takes place at any temperature within 8' of the tempera- ture at which the testing was commenced, the test is to be rejected, and the whole operation of testing is to be repeated with a fresh portion of the sample, the testing, however, to begin at 10" lower than the temperature at which the flash has been previonsly obtained. If necessary, this procedurc shall be repeated with fresh por- tions of oil until a flash has been obtained at a temperature not within 8' of the tenmeratlire at which the testinc was commenced. A < >

5. The temperature at which this last-mentioned flash occurs is the observed

flashing point of the oil, and by correction of the observed flashing point for atmo-

spheric pressure as hereinafter described, the true flashing point is obtained.

6. In repeating a test a fresh sample of oil must always be used, the tested

sample being thrown away,and the cup must be wiped dry from any adhering oil, and

cooled, as already described, before receiving the fresh sample.

7. If in any case no flash has occurred when a, temperature has been reached which is not within.8' of the temverature at which the testhz was commenced and which. I ' 7

after correction for atmospheric pressure, is not less than 73' Fahrenheit, and the tests are not required to be continued, the oil shall be deemed to have a true flashing point of not less than 73' Fahrenheit.

8. If no flash has occurred when a tem~erature has been reached which is not

within 8' of the temperature at which the iesting was commenced and which, after

correction for atmospheric pressure, is not less than 100' Fahrenheit, and the tests are

not required to be continued, the oil shall be deemed to have a true flashing point of

not less than 100' Fahrenheit.

9. In the same manner if no flash has occurred when a temperature has been reached which is not within 8' of the temperature a t which the testing was commenced and mhich, after correction for atmospheric pressure, is not less than 150' Fahrenheit, and the tests are not required to be continued, the oil shall be deemed to hare a true flashing point of not less than 150' Fahrenheit.

V.- Correction for Atmospheric Pressure.

As the flashing point of an oil is influenced by changes in atmospheric pressure to an average of 1.6' for every inch of the barometer, a correction of the observed flashing point is necessary whenever the barometer does not stand at 30 inches. This correction is to be made in the following manner :-

If the barometer stands at less than 30 inches (the normal height of the barometer) add to the observed flashing point 1.6 times the difference (measured in inches) be- tween the actual and normal barometer. If the barometer stands above 30 inches, deduct from the observed flashing point 1.6 times the difference between the actual and normal barometer.

The

8" EDWARDI VII, No. 958.

In/i?ummable Oils Act.--1908.

The nearest whole number to the result of this correction is to be taken as the corrected flashing point, and if the result is exactly midway between two whole r,umbers the higher whole number is to be taken.

For example: Suppose an oil has an observed flashing point of 72, the barometer

being 27.1 inches, then the difference between 30.0 inches and 27.1 inches is 2.9

inches. This result multiplied by 1.6 is 4.64, which has to be added to 72, making

76-64. The nearest whole number to this is 77' which is to be taken as the corrected

flashing point, and if the testing had been commenced at or below 64'	the true flash-
ing point is 77' Fahrenheit.

Again: Suppose the observed flashing point of an oil to be 96O and the testing had been commenced at 8 i0 and the barometer indicated 30% inches. The true flashing point of the oil is the nearest whole number to 96 minus the product of 0.6 multiplied by 1.6, that is 95' Fahrenheit.

The readings of the barometer are to be corrected readings, in accordance with the corrections applicable to the instrument in use. The instrument must be compared periodically with the standard barometer a t the office of the Government Analyst, and regulated thereby.

VI. Application of the Test to Viscous Fluids or Preparations.

the flashing test has to be applied to substances of a viscous or semi-solid nature

which cannot be poured (such as solutions of indiarubber in mineral naphtha). the

mode of proceeding is as follows :-

If

One fluid ounce or two tablespoonfuls of the substance to be tested is placed in the cup, and the cover is put on. The air chamber in the water bath is filled with water

to a depth of lhin., and the temperature of the water bath is raised to 90'. The cup is then put into the bath, and the temperature of the water bath maintained at 90' throughout the test. After the lapse of fifteen minutes the teet flame is to be applied. If no flash occurs the heating is continued for another fifteen minutes, and the test- fame again applied, and so on until aflash takes place, or the temperature in the cup has reached 90°, and so on.

The temperature at which a flash occurs is the observed flashing point of the sub- stance, and, subject to correction for atmospheric pressure as hereinbefore described, is the true flashing point.

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Adelaide: J3y iruthority, C. E BHISTUW, Governnlent Printer, R'orth Terrace.