Inspection of Machinery Act and Another Act Amendment Act 1989 (Qld)

52 I NSPE CTI ON OF MACHINERY ACT AND ANOTHER ACT AMENDM.E:NATCT No. 9 of 1989 1. Short title 2. Commencement 3. Arrangement PART I-PRELIMINARY PART 11-AMENDMENT OF INSPECTION OF MACHINERY ACT 1951-1987 4. Principal Act and amended citation 5. Amendment of s. 5. Application of and exemptions from Act 6. Amendment of s. 15. Machinery to be in charge of certificated persons 7: Amendment of s. 51. Limitation of this Part 8. Repeal of s. 75. Publication of Proclamations, Orders in Council, regulations, etc. 9. Amendment of Second Schedule PART III-AMENDMENT OF CONSTRUCTION SAFETY ACT 1971-1987 10. Principal Act and amended citation 11. Amendment of s. 4. Application of Act 12. Amendment of s. 14. General powers of inspectors 13. New s. 23A Duties of other persons 14. Repeal of s. 65. Publication, etc. of regulations 15. Amendment of s. 69. Particular penalty 16. New ss. 69A and 69s Penalties exacted by way of notice to offender Offences in respect of motor vehicles

53 unnnsiaua ANNO TRICESIMO OCTAVO ELIZA ET AE SEC UN DAE REGINAE An Act to amend the Inspection of Machinery Act 1951- 1957 and the Construction Safety Act 1971-1987 each in certain particulars [ASSENTED TO 30TH MARCH, 1989]

54 Inspection of Machinery Act and Another Act Amendment Act 1989, No. 9 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:- PART I-PRELIMINARY 1. Short title . This Act may be cited as the Inspection of Machinery Act and Another Act Amendment Act 1989. 2. Commencement . (1) Except as provided by subsection (2), this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Section 16 shall commence on a day appointed by Proclamation. 3. Arrangement . This Act is divided into Parts as follows:- PART I-PRELIMINARY ( SS. 1-3); PART II-AMENDMENT OF INSPECTION OF MACHINERY ACT 1951-1987 (ss. 4-9); PART III-AMENDMENT OF CONSTRUCTION SAFETY ACT 1971- 1987 (ss. 10-16). PART II-AMENDMENT OF INSPECTION OF MACHINERY ACT 1951-1987 4. Principal Act and amended citation . ( 1) In this Part the Inspection of Machinery Act 1951-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Inspection of Machinery Act 1951-1989. 5. Amendment of s. 5 . Application of and exemptions from Act. Section 5 of the Principal Act is amended- (a) in subsection (2)- (i) by omitting the words "or the Coal Mining Act 1925-1969"; (ii) by omitting the words "the Acts aforesaid" and substituting the words "that Act"; (b) by inserting after subsection (2) the following subsection:- "(2A) This Act does not apply to or in relation to a mine, to which the Coal MiningAct 1925-1981 applies, or the machinery thereon or therein.". 6. Amendment of s. 15 . Machinery to be in charge of certificated persons . Section 15 of the Principal Act is amended by omitting from the proviso to subsection (6) the words "or the CoalMining Act1925-1969 when under either of those Acts" and substituting the words " when under that Act".

Inspection of Machinery Act and Another Act Amendment 55Act 1989, No. 9 7. Amendment of s. 51. Limitation of this Part . Section 51 of the Principal Act is amended by omitting the words "or the Coal MiningAct 1925-1969". 8. Repeal of s. 75. Publication of Proclamations, Orders in Council, regulations , etc. The Principal Act is amended by repealing section 75. 9. Amendment of Second Schedule. The Second Schedule to the Principal Act is amended by omitting from Rule 18 (15) the words ", or "The Coal Mining Acts, 1925 to 1950" ". PART III-AMENDMENT OF CONSTRUCTION SAFETY ACT 1971-1987 10. Principal Act and amended citation . (1) In this Part the Construction Safety Act 1971-1987 is referred to as the Principal Act. (2) The Principal Act as amended by this Part may be cited as the Construction Safety Act 1971-1989. 11. Amendment of s. 4 . Application of Act. Section 4 of the Principal Act is amended- (a) by omitting from subsection (2) the words "or the Coal MiningAct 1925-1969 (b) by inserting after subsection (2) the following subsection:- "(2A) This Act does not apply to or in relation to a mine, to which the CoalMining Act 1925-1981 applies, or persons engaged therein or associated therewith.". 12. Amendment of s. 14. General powers of inspectors . Section 14 of the Principal Act is amended- (a) by omitting from the end of paragraph (e) the expression "." and substituting the expression ";"; (b) by adding at the end thereof the following paragraph:- "(f) where he is of the opinion that it is necessary to restrict or prohibit movement on a site to prevent injury to persons or damage to property, restrict or prohibit the movement of any person on the site other than a workman, an employer, a constructor, asub-contractor or an owner.". 13. New s. 23A. The Principal Act is amended by inserting after section 23 the following section:- "23A. Duties of other persons. A person other than a constructor, a sub-contractor, an employer or a workman who, at a site- (a) acts in a manner that endangers the safety of any other person at that site, (b) fails to carry out a safety direction that is given to him by an inspector;`' (c) wilfully or recklessly interferes with any thing provided in the interests of safety at that site, commits an offence against this Act.".

56 Inspection of Machinery Act and Another Act Amendment Act 1989, No. 9 14. Repeal of s. 65. Publication , etc. of regulations . The Principal Act is amended by repealing section 65. 15. Amendment of s. 69. Particular penalty . Section 69 of the Principal Act is amended by omitting from subsection (1) the words "or 22" and substituting the words ", 22 or 23A". 16. New ss. 69A and 69B. The Principal Act is amended by inserting after section 69 the following sections:- "69A. Penalties exacted by way of notice to offender . (1) When an inspector finds a person committing an offence against any provision of this Act and, having regard to- (a) the type of offence concerned; (b) the place where the offence occurs; and (c) the circumstances in which the offence occurs, the inspector believes that proceedings under this section are adequate, he may, upon ascertaining the true name and usual place of residence of the offender, give him the notice specified in subsection (2). (2) The notice- (a) shall be identified by a serial number; (b) shall identify the person to whom it is given by his true name and usual place of residence; (c) shall state in general terms the offence which the person' has been found committing; (d) shall inform the person in general terms that if he does not desire the matter to be determined in a court hearing he may complete the form attached to or appearing upon the notice and may forward or deliver that form together with a prescribed sum by way of penalty to the person named therein within the time appointed in the notice (which shall be not less than ten days from the date of the giving of the notice) whereupon he will not be liable to further penalty or costs in the matter; (e) shall inform the person in general terms that he has the right to decline to proceed in the manner described in paragraph (d) and to allow the matter to be determined in a court hearing- (i) if he desires to contest the question whether the offence alleged was in fact committed; (ii) if he wishes to submit to the court matters in extenuation of penalty;

Inspection of Machinery Act and Another Act Amendment Act 1989, No. 9 57 or (iii) for any other reason, in which event he need not reply or take further action in respect of the notice and that in such case court process will issue against him in due course. (3) Where a person to whom a notice is given pursuant to subsection (1) proceeds in the manner described in paragraph (d) of subsection (2) within the time appointed in the notice a proceeding against him by way of prosecution for the offence alleged in the notice shall not be competent but otherwise such a proceeding may be commenced as if the notice had not been given. 69B. Offences in respect of motor vehicles . (1) Where an offence against this Act is committed in connexion with or arising out of the driving of a motor vehicle and the inspector investigating the commission of the offence is unable to establish who committed the offence, the owner of the motor vehicle shall be deemed to have committed the offence and may be proceeded against and shall be punishable accordingly. (2) Notwithstanding the provisions of subsection (1), the owner of a motor vehicle shall not, by virtue of that subsection, be deemed to have committed the offence if not later than ten days after the date of service of a summons on him for that offence he supplies to the Chief Inspector a statement in writing verifying, on oath or by statutory declaration, to the satisfaction of the Chief Inspector that some other person committed the offence and therein supplying the true name of that other person and the address at which he may be readily located, or, if that name and address are not known to him, verifying to the satisfaction of the Chief Inspector that he did not know or could not find out the person's name and address. (3) In any prosecution instituted against a person named in the statement supplied under subsection (2) a copy of the statement shall be served with the summons. (4) The endorsement of a copy of the statement supplied under subsection (2) with an oath of service shall be evidence of that service and in the absence of evidence to the contrary shall be conclusive evidence of that service. (5) Subject to subsection (4), the production by the prosecutor of a statement supplied under subsection (2) shall be evidence of the facts stated therein and in the absence of evidence to the contrary shall be conclusive evidence of those facts. (6) The provisions of subsection (1) whereby the owner of a motor vehicle may be proceeded against for an offence against this Act (which by subsection (1) he is deemed to have committed) shall not prejudice or affect the liability of the person by whom the offence was actually committed to be proceeded against and punished therefor, save that where either of them has been 3

58 Inspection of Machinery Act and Another Act Amendment Act 1989, No. 9 punished for the offence by being convicted therefor, then the other of them shall cease to be subject to any liability under this Act in respect of the offence. (7) For the purposes of this section- "motor vehicle" means a motor vehicle within the meaning of the Traffic Act 1949-1985. "owner" means a person in whose name a motor vehicle is registered under the regulations under the Main Roads Act 1920-1985 or under any corresponding legislation, ordinance or law of any State or Territory.".