Inspection of Machinery Act Amendment Act 1973 (Qld)

74 7 ANNO VICESI M O SECU ND O ELI Z A BETHAE S ECUNDAE REGIN A E No.- 82 of 19 73 An Act tc, the Insp ec tion o f _ y- winery Act 1951- 1971 in certain pan [ASSENTED TO 20TH DECEMBER, 1973] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1 . Short title and citation. (1) This Act may be cited as the Inspection of Machinery Act Amendment Act 1973. (2) The Inspection of Machinery Act 1951- 1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Inspection of Machinery Act 1951-1973. 2. Amendment of s. 44. Section 44 of the Principal Act is amended by omitting the definition " disposal " and substituting the following definition:- " , disposal " includes a delivery of possession pursuant to a gift, sale, barter , exchange , transfer , lease or hire , or to a letting under a hire purchase agreement or to an agreement for sale or to an agreement that confers a contractual licence to use a motor vehicle but does not include- (a) a delivery of possession to a bailee for the purpose of alteration , repair, renovation , garaging or other similar purpose that does not involve the use of the motor vehicle for the bailee ' s benefit;

748 Inspection of Machinery Act Amendment Act 1973, No. 82 (b) a delivery of possession to a person by reason of his being entitled to the motor vehicle as beneficiary in the estate of the last preceding owner of the motor vehicle; (c) a passing of possession from one body corporate to another body corporate by reason that- (i) the name of the former body corporate has been duly changed according to law to the name of the latter body corporate; (ii) the latter body corporate is a reconstruction of the former body corporate or is the result of an amalgamation of the former body corporate and one or more other bodies corporate, in any case duly effected according to law; or (iii) the latter body corporate is a holding company or a subsidiary company of the former body corporate; (d) a passing of possession occasioned only by the admission or retirement of one or more persons, into or from a partnership, being a partnership defined by The Partnership Acts 1891 to 1965;". 3. Amendment of s. 44H. Section 44H of the Principal Act is amended by- (a) omitting the note appearing at the' beginning of that section and substituting the following note:- " Second-hand motor vehicles to be accompanied by certificate where disposed of, or where application made for transfer of registration.". (b) in subsection (2), adding at the end of provision (ii) of paragraph (b) the following symbol and words:- or (iii) a certificate granted under section 35 that relates to that vehicle "; (c) adding at the end of the section the following subsections:- " (3) A person who disposes of a second-hand motor vehicle shall- (i) give to the person to whom delivery of possession thereof is given, at the time of that delivery, the prescribed duplicate copy of the certificate of roadworthiness or certificate under section 35, duly obtained, that relates to that vehicle; and (ii) where an application under the Main Roads Act 1920-1972, for transfer of registration of that vehicle is made, submit together with that application, the prescribed original copy of the certificate of roadworthiness or certificate under section 35, duly obtained, that relates to that vehicle.

Inspection of Machinery Act Amendment Act 1973, No. 82 749 In any case where the duplicate copy of a certificate . that is required by this subsection to be given to any person has been lost or destroyed , the person required to give the copy shall, in lieu of giving that copy as prescribed , give to the person to whom that copy should have been given , his statutory declaration declaring the particulars contained in that certificate of roadworthiness or certificate under section 35. (4) Where a second-hand motor vehicle is disposed of by a servant or agent of the owner of the vehicle , and in so doing contravenes any provision of subsection (2) or (3 ) the owner shall be deemed to have committed the offence constituted by such contravention and, whether or not the servant or agent is prosecuted in respect of an offence , may be convicted thereof. The operation of the provisions of section 23 of The CriminalCode is excluded in respect of the liability of -an- owner for an offence deemed under this subsection to have been committed by him. (5) In any proceeding for an offence constituted by a contravention of subsection (3) the complainant shall not be required to prove that a certificate or declaration thereby required to be given or submitted was not given or submitted as prescribed and the burden of proof that such certificate or declaration was given or submitted as prescribed shall lie on the defendant.". 4. New s. 44 A, The Principal A ct is amended by inserting after section 441-_- the following section:- 66 , • . Refusal by Comm' 1.. .. V t s registration of _ c --- :. Notwithstanding the Main Roads Act 1920-1972, the C (1) ;iot,er of Main Roads may refuse to issue a certificate of registration relating to a second - hand motor vehicle, if the app =:_ ,:ation for the issue of that certificate of registration is not accom ;ided, at the time that application is made , by the prescribed original copy of a certificate of roadworthiness or a certificate under section 35, duly obtained, that relates to that vehicle. (2) Subsection ( 1) does not apply where an application under the Main Roads Act 1920-1972, is made to the Commissioner of Main Roads by a licensed motor dealer for the issue of a certificate of registration in the name of that licensed motor dealer, in respect of a second-hand motor vehicle, which is to be disposed of by that motor dealer by sale. Where that vehicle is disposed of by sale by that motor dealer subsequent to the issue of that certificate of registration, the provisions of section 44u shall apply and extend accordingly in relation to that disposal.".

750 Inspection of Machinery Act Amendment Act 1973, No. 82 5. Amendment of s. 441. Section 44t of the Principal Act is amended by, in subsection (2), omitting paragraph (a) and substituting the following paragraph:- " (a) in the course of any demonstration, testing, repair, alteration or renovation of it, where that demonstration, testing, repair, alteration or renovation of it is necessary and bona fide.". 6. Repeal of and new s. 44,1. The Principal Act is amended by repealing section 441 and substituting the following section:- " 44 J . When certificate duly obtained . A certificate of roadworthiness, or a certificate granted under section 35 shall not be taken to have been duly obtained unless- (a) it is issued or granted consequent upon an examination that is conducted within 30 days before the date of disposal or, as the case may be, user of the motor vehicle in question, or, where such a certificate is required pursuant to section 44HA, before the date the application referred to in that section is made; and (b) there has been no significant change in the condition and construction of the motor vehicle between the date of issue or grant of the certificate and the date of such disposal, user or, as the case may be, making of that application.". 7. Amendment of s. 44K . Section 44K of the Principal Act is amended by- (a) inserting in the note appearing at the beginning of that section after the expression " 44H " the expression ", 44HA "; (b) in subsection (2), inserting after the expression " 44x " where it occurs , the expression ", 44HA " in each case. 8. Amendment of s. 440. Section 44o of the Principal Act is amended by- (a) omitting subsection (1) and substituting the following subsections:- "(1) If a proprietor of an approved inspection station or an approved examiner is convicted of an offence against this Act that consists of a contravention or failure to comply with any provision of this Part or that is defined in this Part, the certificate of approval issued to that proprietor in relation to that approved inspection station, or, as the case may be, the licence issued to that approved examiner that shows his approval as such, shall be, by virtue of the conviction, cancelled. (IA) If- (a) a proprietor of an approved inspection station ceases to employ therein such staff as is prescribed for an approved inspection station or ceases to maintain therein such equipment as is prescribed for an approved inspection station; or

Inspection of Machinery Act Amendment Act 1973, N o. 82 751 (b) a proprietor of an approved inspection station or an approved examiner has, in the opinion of the Chief Inspector , contravened or failed to comply with any provision of this Part ( whether or not he has been prosecuted therefor), the Chief Inspector may, by notice in writing , call upon that proprietor or, as the case may be, that approved examiner to show cause at a time and place appointed in the notice why the certificate of approval of the station or, as the case may be, the licence of the approved examiner should not be cancelled or suspended." . (b) inserting after subsection ( 3) the following subsections:- " (4) The Chief Inspector may, at any time during the period of suspension of a certificate or licence , on the application of the proprietor or, as the case may be, person to whom the licence was granted , modify the suspension by shortening the period thereof, if the applicant shows to his satisfaction sufficient cause therefor. (5) The powers conferred by subsection ( IA) are in addition to and not in substitution for any other power contained in this Act. (6) The Chief Inspector shall not incur any liability for anything done for the purposes of this section, or done in good faith purportedly for the purposes of this section.". C' sectio.. s. 440A Th 1' ri-cipal Act , amended by inserting after , e follov`ng se,:ic-I:- on who i sect ' o ed to a or, as the cas appeal to a° tl Chief Inspector s -,-ate of approval z to ro, .d ' aspection station '° ;e , " an approved examiner may Jurisdictio to hear and de r. on stipendiary magistrates (2) An at ti instituted within 21 days after the person agar ` is of the Chief Inspector ' s decision and shall be instituted , h€ Lrd and determined in manner prescribed or, in so far as it is not prescribed , as the stipendiary magistrate directs. (3) Upon an appeal the stipendiary magistrate may affirm, rescind or vary the decision of the Chief Inspector whereupon the stipendiary magistrate's decision shall be deemed to be that of the Chief Inspector and shall be final and conclusive.". by- . 74. Section 74 of the 'Principal Act is amended (a) insr: i. in s"',r -r,-ph (u) after the words " the suspension r .ncellation of c !s of approval and licences" the words seizure an( c 'ion of certificates of roadworthiness and :ion reports not comply with this Act ",

752 Inspection of Machinery Act Amendment Act 1973, No. 82 (b) inserting after subparagraph (u) the following subparagraph:- (v) Providing for the practice and procedure upon appeals to a stipendiary magistrate instituted pursuant to this Act, and providing for the award of costs therein and the recovery of such costs awarded.".