Inspection of Machinery Act of 1915 (6 Geo v No. 24) (Qld)

LABOUR. 6 GEO. V. No, 24, 19}5. Impection of Machinery Act. ss. 1-3. 6859' An Aot to make better provisioil for the Inspection 6 NGoe. o 2 . 4 V . . of Boilers and other lVIachinery. THE INSPECTION B· ,[ASSENTED '1'0 22ND DECEMBER, 1915.J OF E it enacted by the King's Most Excellent Majesty, ! ~ C~ ~ ~ ~ r. by and with the advice and consent of the Legis- lative Council. and Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows : - PART I.-PRELIMINARY. PART I.- PRELIMINARY. 1. This Act may be cited as "The Inspection of Short title Machinery Act of 1915," and shall come into operation:!mence. on the first day of January, one thousand nine hundredmentofAct. and sixteen. 2. This Act is divided into Parts as follows;.- PART I.-PRELIMINARY; Parts of Act. PART H.-ADMINISTRATION; PART HI.-PRECAUTIONS AGAINST ACCIDENTS; PART IV.-INSPECTION, &C., OF MACillNERY; PART V.-DUTIES AND LIABILITIES OF OWNERS; PART VI.-INQUffiIES AS TO ACCIDENTS; PART VH.-EXAMINATION AND CERTIFICATES, &C. ; PAR • T VIH.-MISCELLANEOUS PROVISIONS• 3. (l.) So much of the provisions of " The Inspection Repeal. of Machinery and Sc?,fjo':ding Acts, 1908-1912,"* as does ~ ~ ~ ~ ~ . ' r' not relate to scaffoldmg IS repealed. All regulations made under the said Acts relating Savings. to matters coming within the operation of this Act and in force at the commencement of this Act shall continue in force until amended or repealed under this Act. All officers appointed as chief inspector and inspec- tors of machinery under the said Acts and holding office at the commencement of this Act shall be deemed to have been appointed under this Act. (2.) Except as by this Act is otherwise expressly pro- vided, nothing herein contained shall be deemed to prejudicially affect or detract from any of the provisions of "The Mining Act of 1898"t or any amendment thereof, or any of the powers, authorities, or duties conferred or imposed upon any person by any of such provisions. * 8 Edw. VII. No. 9 and 3 Geo. V. No. 20, printed as consolidated, 8upra, page 5761. t 62 Vic. No. 24, BUpra, page 2178.

6860 PART 1.- PRELIMINARY. s.4. LABOUR. Inspection of Machinery Act. '6 GEO. V. No. 24, Interpreta. 4. In this Act, unless the context otherwise indi- ~ i~ dw. VII. cates, the following terms have the meanings set against No. 9, s. 4. them respectively, that is to say : - Boiler. Engine. Inspector. Lift. Machilile. Machinery. "Boiler"-Any closed vessel which is or is intended to be used under internal pressure from steam, air, or gas: the term includes digesters, pipes under steam or gas pressure~ and gas cylinders for aerated water factories; also air receivers, steam-jacketed. pans~ montyjus digesters, and retorts other than retorts used for retorting mercury from gold or silver amalgam; also all settings, fittings,. and mountings, feed pumps, injectors, and all other equipment necessary for the efficiency of the boiler ; " Engine"-A piece of mechanism used to convert heat or some other form of energy into mechanical work; or a machine for the de- velopment of power from some source of energy such as coal, gas, oil, compressed air,. or other source ; " Inspector"- The chief inspector and any in- spector appointed under this Act, and any person appointed for the time being to per- form the whole or any part of th~ duties of an inspector; "Lift "-An apparatus or contrivance worked by any power other than hand, foot, or animal power, and comprising a movable platform by which persons or goods are raised or lowered: the term includes any machinery used for working a lift; "Machine"-An assemblage of inter-related mov- able parts, forming an appliance for trans- mitting and modifying forces and the motion produced by them, and inwhich the relative motions of the parts are definitely controlled or constrained ; "Machinery"-Any engme, boiler, motor,. machine, gearing, or appliance (or the parts of any of these) constructed of any material and worked or designed to be worked by any power, of such kinds as by this Act are declared to be or as may be hereafter declared to be subject to this Act;

1915. LABOUR. Inspection of Machinery Act. s.5. 6861 PART 1.- PRELIMINARY. "Minister"-The Secretary for Public Works or Minister. other Minister of the Crown for the time being charged with the administration of this Act; " Motor car"-Any self-propelled vehicle adapted Motor car. to run and be steered on roads, and to carry either goods or passengers; " Occupier"-The person!, company, or association Occupier. (corporate or unincorporate), or partnership in possession or occupation, or apparently in possession or occupation, of any place: the term includes an agent, manager, foreman, or other person actjng or apparently acting in the general management or control of any place; " Owner"-The owner of any machinery and the Owner. mortgagee, lessee, hirer, and borrower thereof, and any engineer, overseer, foreman, driver, attendant, agent, and person having the control, charge, or management thereof; " Place "-Any structure or area, enclosed or Place. otherwise, and whether above or below ground, wherein or whereon any machinery is erected, • kept, used, worked, or in operation: without limiting the generality. of the foregoing definition, the term includes a mine and any road or street, and any house or building, and any ship, raft, punt, or boat; " Prescribed "-Prescribed by this Act; Prescribed. " Regulations "-Regulations made under the Regulations. authority of this Act; " Serious bodily injury"-An injury which is likely Seri~ ) Us to incapacitate the sufferer from work for at~ ~ ~ . least fourteen days; " This Act "-This Act and any Orders in Council This A?t. and regulations made thereunder. 5. This Act does not apply to any machinery- Limit of Act. ( I . . ) U sedon oir emdp oye ' III the workm' g 0 f anYN 8 o E . d 9 w , . s. V 5 I . I. railway or tramway vested in or under the control of the Commissioner for Railways; (ii.) Used on or employed in the working of any other railway or tramway worked by electric power, other than machinery used or employed in any power station or in any constructional or re1?airing workshop thereof;

6862 PART 1.- PRELIMINARY. ss. 6-8. LABOUR. Inspection of Machinery Act. 6 GEO. V. No. 24, (iii.) Forming part of the propelling machinery of any ship, raft, punt: or bQat ; (iv.) Of any motor car not used at any time for carrying goods or passengers for reward; or unless used by merchants, brewers, or ware- housemen for the conveyance or traction of goods, wares, or merchandise; (v.) U~ ed exclusively for domestic purposes in a private dwelling-house. Machinery 6. (1.) This Act extends and applies to the several ~c: :~~ ies. kinds of machinery mentioned in the First Schedule Sch. 1. hereto. ~~ t·s~ :~ · (2.) The Governor in Council may, by Order in Council published in the Gazette, from time to time declare that this Act shall extend and apply to any other kinds of machinery mentioned in such Order; and from and after a date to be fixed by such Order the machinery therein mentioned shall be machinery within the meaning of this Act. (3.) He may in like manner from time to time declare that any kinds of machinery, whether mentioned in the said First Schedule or in any Order under this section, shall cease to be machinery within the meaning of this Act. PARTII.- ADMINISTRA- TION. PART n.-ADMINISTRATION. Expenses to 7. All expenses of carrying this Act into· execution obfe mpaoindeyosut shall be paid out of moneys to be from time to time appropri- appropriated by Parliament for the purpose. ated. lb. s. 8. Appoint. ment of inspectors. lb. s. 9. 8. (1.) The Governor in Council may from time to time appoint a chief inspector and so many inspectors and other officers as appear necessary for the purposes of this Act. • Districts. (2.) The Governor in Council may by Order in Council from time to time, for the purposes of this Act, divide the State or any part thereof into districts, with such boundaries as he thinks convenient, and assign to any such district a name by which it shall be known. He may at any time rescind or alter any Order in. Council made under this section. He may assign a district or districts to an inspector, but such assignment shall not be construed to limit the

1915. LABOUR. Inspection of Machinery Act. ss. 9, 10. 6863 PABTII.- ADMINISTRA· TION. powers and authority of such inspector in respect of the whole State except' to the extent by which they are expressly so limited by such assignment, or be construed in any way to limit the powers and authority of the chief inspector. (3.) Every inspector shall be furnished with a certi- Certificate. ficate of appointment, and upon applying for admission to any place shall, if required, produce such certificate to the occupier of the place. (4.) Any person who forges or counterfeits any Fa~ such certificate, or makes use of any forged, counter- certIficate. feited, or false certificate, or who falsely pretends to be·an inspector, shall be liable to imprisonment, with or without hard labour, for any period not exceeding six months. 9. (1.) Every inspector shall keep full minutes of all Inspector his proceedings, and shall from time to time report the ~~::~s, ss. s I 'n am f oermtaot I ' O th n easchthieef cihnl' sepf el.cntsopre, ctwoirthre'qsuuIcrhesp. articulars and N a 8 n o E d . d r 9 w e , p . ovr I t 1 I' . 1, 29,30. (2.) The chief inspector shall provide each inspector Inspectors' with a record book relating to machinery, to be kept by l r b ec . o s r . d 2 b 9 o . oks. him in the manner prescribed. Such book shall be open to inspection, without charge, by any person at the office of the inspector or other convenient place appointed from time to time for that purpose by the chief inspector; but no person other than an owner of the particular machinery shall be entitled to an extract or copy of any entry affecting such machinery. Every inspector who fails to keep such record book in the manner prescribed shall be liable to a penalty not exceeding fifty pounds, and in addition to forfeit his office. (3.) Every inspector shall make and furnish to the Monthly chief inspector during each month a report of the :~ ~ ~! n~~ . machinery inspected by him during the last preceding lb. B. 30. month. Such report shall be in such form and shall contain such particulars as the chief inspector directs. 10. (1.) Any inspector may at any time by day or by Po,!ers and night enter any place where there is or where he has reas0!l fn~ ; : ~ t~ ~ . to believe there is any machinery, whether the same IS lb. s8.12, 59. otherwise subject to this Act or not, and may inspect and examine any machinery therein to ascertain whether this Act has been or is being complied with.

6864 PARTII.- ADMINISTRA- TION. ss. 11, 12. LABOUR. Inspection of Machinery Act. 6 GEO. V. No. 24, (2.) In making such inspection the inspector may- (i.) Call to his aid any member of the policeforce~ or any person he thinks competent to assist therein ; (ii.) Examine the owner or any person there present as to the compliance with this Act in any particular; (iii.) Require the production of any certificate of registration or inspection, and of any book or writing which is prescribed to be kept or exhibited in any place, and inspect, examine~ and copy the same. Power to (3.) Any person authorised by the chief inspector eanntderinspect may enter any place in which machinery is working and certificates. inspect the certificate in respect of the machinery and the certificate of the person in charge of an engine or boiler. Occupiers 11. Every occupier of any place and every owner etontarlyloawnd of machinery shall afford to the inspector all reasonable inspection. facilities and all such information as may reasonably be NS oE. d9w, . s. V1I3I.. required by him for the exercise of his powers under this Act. Obstructing an inspector. lb. B. 14. 12. Every person who- (i.) Wilfully impedes, obstructs, or delays an inspector in the exercise of any power or duty under this Act ; or (ii.) Wilfully makes any false reply to any question put to him by the inspector having reference to this Act; or (iii.) Fails to comply with a requisition of the inspector made under any such power; or (iv.) Fails to furnish any facilities or any informa- tion in his possession or power, which may be' reasonably required by the inspector for the exercise of any such power ; or (v.) Fails, without reasonable excuse the proof whereof shall lie upon him, to produce any certificate of registration or inspection, book, or writing which he is required by the in- spector to produce; or (vi.) Concea~ s any person from the inspector, or prevents any person from appearing before or being examined by him, or attempts so to conceal or prevent any person; or '

1915. LABOUR. Inspection of Machinery Act. ss. 13, 14. 6865 PARTII.- ADMINISTRA- TION. (vii.) Uses any threat OT abusive or insulting language to an inspector or to an employee with respect to any inspection or examination; shall be deemed to obstruct an inspector in the execution of his duty under this Act, and shall be liable to a penalty not exceeding twenty pounds: Provided that no person shall be required, under this section or the two last preceding sections, to answer any question or give any evidence tending to criminate himself. 13. Every person including a maker of or dealer in Own~~ oi machinery who becomes the owner of machinery shall, :a: e~ ~ ery within fourteen days after he becomes such owner, send ~ otice to to the chief inspector a written notice containing such ~ nsl: : , ~ oviI. particulars as may be prescribed. No. 9, s. 15. Every such owner who fails to give such notice shall , be liable to a penalty not exceeding ten pounds. PART IlL-PRECAUTIONS AGAINST ACCIDENTS. PARTIII.- PRECAUTIONS AGAINST ACCIDENTS. 14. (1.) No male person under eighteen years of Restrictions age and no female shall be permitted to have the care, ~ ~ ployment custody, management, or working of any lift. of females . and males (2.) No person under fifteen years of age shall be under employed in ~ orking at or attending to any machinery or Th~ t: i~ 6~ ges. class of machmery operated by gas, steam, water, or other mechanical power. . '(3.) No male person under eighteen years of age and 110 female shall be permitted- tal To clean such part of any machinery as is mill- gearing while the same is in motion for the purpose of propelling any part of any manu- facturing machinery ; or (b) To work between t.he fixed and traversing part of any self-acting machine while the machine is in motion by the action of gas, steam, water, or other mechanical power; or (c) To take charge of or have the control of any engine. (4.) The maximum area of floor space upon which is situated any machinery to be placed under the control or s'Q.perintendence of anyone engine-driver shall not exceed a maximum floor space of five thousand six hundred square feet.

'6866 ss. 15-17. LABOUR. PART 111.- PREOAUTIONS AGAINST ACOIDENTS. Inspection of Machinery Act. 6 GEO. V. No. 24, Traversing 15. No traversing carriage of any self-acting -carriage of machinery shall be allowed to run out within a d~stance self.acting machinery. of eighteen inches from any fixed structure not being t Ed;-- vg. part of the machinery if the space over which it so runs o. ,s. • out is a space over which any person is likely to pass, whether in the course of his employment or otherwise. Certain machinery to be fenced. lb. s. 18. 16. (1.)_. (a) Every hoist and such doorways above the ground level as the inspector directs; and (b) Every fly-wheel directly connected with the engine or the water-wheel or other motive power, whether in the engine-house or not; and (c) Every moving part of an engine which is· likely to endanger passers-by, and every water- wheel and hydraulic or other lift near to which any person is likely to pass, whether in the course of his employment or otherwise; shall be securely fenced. Every wheel-race not otherwise secured shall be fenced close to the edge of the wheel-race. Such protection to each part shall not be removed while the parts required to be fenced are in motion by the action of the engine, water-wheel, or other motive power. (2.) For a breach of this section, the owner shall be liable to a penalty not exceeding twenty pounds, unless it appears to the adjudicating court that it was impof£,Sible to fence the machinery or parts thereof in question. (3.) This section applies to all machinery, whether otherwise subject to this Act or not. Notice of machinery requiring fencing. lb. s. 19. 17. (1.) When an inspector is of opinion that any machinery is not securely fenced or otherwise sufficiently guarded, and is likely to cause bodily injury to any person, he shall give written notice in the prescribed form to the owner to fence such machinery, and speci- fying the part which he considers dangerous. (2.) The owner, within seven days after the receipt of such notice, may serve on the inspector a written requisit~on to refer the matter to the decision of the nearest police magistrate, and thereupon the matter shall be referred to such police magistrate, who shall hear and determine the dispute in manner prescribed, and his decision shall be final.

LABOUR. ss. 18,19. 6867 1915. Inspection of Machinery Act. PARTIII.- PREOAUTIONS AGAINST ACCIDENTS. (3.) If the owner fails to comply within a reasonable time with any such notice or with the decision of the police magistrate, or fails to keep the said machinery securely fenced in accordance therewith, or fails to constantly maintain such fencing in an efficient state while the machinery required to be fenced is in motion, the machinery shall be deemed not to be kept in con- formity with this Act. 18. (1.) Where any machinery, or any part thereof, Fault~ or iasnoyr paaprptle . Caur I sart,o oarnsionsdpaencgteorrotuos baes ftaoulbtey loI . kr edleyfetocticvaeuisne m d 8 ef a E ec c d hi w n~ . l e V V e ry I . I. bodily injury to any person, he may give to the owner of No. 9, B. 20,. such machinery a notice in writing to that efiect, and such notice may either require the owner- (a) To wholly desist from working or using such machinery forthwith, or after a date to be stated in such notice, until certain repairs or alterations to be stated in the notice have been efiected ; or (b) To have the arrangement of such machinery so altered, dr the faulty or defective part thereof replaced or repaired within a certain time to be stated in such notice, so as .not to contravene this Act. (2.) Every person to or upon whom such notice has been served or delivered who fails to comply with the terms thereof shall be liable to a penalty not exceeding one hundred pounds. 19. On complaint by an inspector, and on beingDan~ rous satisfied that any machinery is in such a condition that- itTh~ ~ ~~ ~ :· cannot be used without danger of bodily injury, the . chief inspector may by order in writing prohibit such machinery from being used, or, if it is capable of repair or alteration, from being used until it has been repaired or altered to the chief inspector's satisfaction on the report of the inspector: Provided that in cases where urgent action is necessary an inspector may take such action as to him seems proper without an order from the chief inspector. Every owner who disobeys such order shall be liable to a penalty not exceeding ten pounds for every day on which the machine is used in contravention of the order.

6868 ss. 20-23. LABOUR. PARTIII.- PREOAUTIONS AGAINST AOCIDENTS. Inspection of Machinery Act. 6 GEO. V. No. 24, Hoists and 20. (1.) In every place the opening of every hoist- ~ ~ ~ ~ : ~ t~ : . way or lift, or well-hole of the same, shall at each 8 Edw. VII. floor be provided with and be protected by good and No. 9, s. 22. sufficient trap-doors or self-closing hatches and safety catches, or by such other safeguards as an inspector approves, which shall be kept closed at all times when they are not in actual use. Unsafe or (2.) If a lift in any place, or. any machinery con- ~ ~ ~ gerous nected with any such lift, is considered by an inspector to be dangerous to use, he may by order in writing prohibit the occupier of the place and owner of the lift from using such lift until the same or such machinery has been made safe to the inspector's satisfaction. Every such occupier and owner who uses or permits to be used such lift contrary to the order of the inspector shall be liable to a penalty not exceeding twenty shil- lings for each occasion on which it is so used. Damaging 21. (1.) Any person who wilfully damages or removes foernrceem, o&vci.ng any fence, guard, or other protection required to be lb. s. 23. placed, erected, or maintained in pursuance of this Act or by an inspector shall, in addition to the cost of repairing or replacing the same, be liable to a penalty not exceeding twenty pounds. (2.) Any person found working any machine without having guard in position as ordered by an inspector shall be liable to a penalty not exceeding twenty pounds. PARTIV.- INSPEOTION, &0., OF MACHINERY. PART IV.-INSPEOTION, &0., OF MAOIDNERY. When machinery to be inspected. lb. s. 26. 22. (1.) All boilers shall be inspected at least once iJJevery year, or more frequently as occasion requires. (2.) All steam gauges shall be inspected, tested, and corrected at least once in every year. (3.) All other machinery shall be inspected at such intervals as are prescribed. Maybe inspected at any reasonable time. lb. s. 27. 23. Unless there is reason to believe that the provisions of this Act are not being complied with, or that danger of accident exists, inspection of machinery shall be made at any time between the hours of six o'clock in the morning and six o'clock in the evening of any day, but so as not unnecessarily to impede the working or use of any machinery.

LABOUR. ss. 24-26. 6869 -------------------- PARTIV.- 1915. Inspection of Machinery Act. INSPECTION, &C., OF MACHINERY. 24. The chief inspector shall provide each inspector Standards with proper standards and appliances by which all : ~ ~liances pressure gauges can at any time be compared and tested, to b~ and with all other appliances necessary for carrying this r~d! ~%II. Act into effect, and shall from time to time issue to each No. 9, s. 28. inspector such instructions (not inconsistent with this Act) as he thinks fit. 25. (1.) For the inspection of machinery for the !fees fo~ purpose of the granting of a certificate, there shall be ~ ' t' : p: . c~ l~ . n. paid by the owner, before the grant of such certificate, the fees prescribed. (2.) Such fees may be different for different classes of machinery, but, save as aforesaid, shall be uniform throughout the State. (3.) No inspector shall make any charge for any lns~ e~tor . Inspe.ctIOn over and above the amount prescrIObed for the erexCceeIsvsmivge fee. time being in respect of the kind of machinery for the inspection of which the same respectively is payable. (4.) Every inspector who accepts or charges any fee or receives any sum of money over and above the charges allowed by law shall be liable to a penalty not exceeding fifty pounds, and, in addition, to forfeit his office, and shall not be eligible for reappointment. 26. (1.) An inspector who intends to inspect any ~otice?f boiler shall give the owner at least fourteen days' notice ~ ~ sb~ fl~ ~ s~ of the time at which such inspection will be made. lb. s. 32. (2.) The owner shall- (a) Previously arrange that at the time of inspec- tion- The boiler is' empty and cool, and has been cleaned inside and outside; and . All fire flues have been swept; and All fire bars and fire bridges have been removed; and All blow-off and other coclu, have been cleared for the purpose of examination; and All safety valves and check valves and injectors have been opened up: (b) If required by the inspector, cause any brick- work or masonry in contact with the boiler to be removed;

6870 s.27. LABOUR. PART IV.- INSPECTION, &C., OF MACHINERY. Inspection of Machinery Act. 6 GEO. V. No. 24, (c) During the inspection keep the boiler effec- tively disconnected from any steam or hot- water communication with any other boiler: this provision as to disconnection extends to every case in which a person is sent or with the owner's consent goes into a boiler for any purpose connected therewith. (3.) The person who is the attendant of or who is in charge of any boiler which is being inspected shall remain with the inspector during such irispection, and shall be held responsible for closing up the boiler pre- paratory to raising steam. (4.) Every person who commits a breach of this section shall be liable to a penalty not exceeding twenty pounds. Record of 27. (1.) On the first inspection of every boiler, the ~ ; ection. in~ pector shall enter in a record the following particulars 8 Edw. VII. WIth respect to the same, namely : - N34o.. 9, ss. 33, ( I . . ) The name and address 0 f t he owner; and (ii.) The form of the boiler; and (iii.) The age, materials, dimensions, and construc- tion of the boiler; and (iv.) The name of the maker (if known); and (v.) .The working pressure recommended by the inspector; and (vi.) The state and condition of the boiler generally, and of all appliances used in connection there- with, and the fitness of the boiler and such appliances for the particular purpose for which they are used or are intended to be used; and (vii.) . Such other particulars as may be prescribed. Subsequent (2.) On each subsequent· occasion on which he inspection. inspects the boiler, the inspector shall carefully make a comparison with such particulars, and shall record any changes which have occurred since the previous inspec- tion. . If any change has occurred, or any alteration has been made, or any repairs· have been effected in such boiler, he shall record the same in such manner as may be prescribed. If no material change has occurred in the state and condition of such boiler, he shall record that fact.

LABOUR. ss. 28,29. 6871 1915. Inspection of Machinery Act. PARTIV.- INSPECTION, &c., OF MACHINERY. 28. (1.) Where an inspector has inspected any Certificate machinery, and is satisfied- r~ection. (a) In the case of a boiler, that the same is in good 8 Edw. VII. repair and may be safely used for the purpose No. 9, s. 35. for which it is then used ; or (b) In t.he case of any other machinery, that the same is securely fenced and guarded; and is also in good repair and may be safely used for the purpose for which it is then used ; he shall report to the chief inspector accordingly, who shall thereupon, and upon 'payment of the prescribed fee, cause to be granted and issued to the owner thereof a certificate in the prescribed form. (2.) In the case of a boiler, the owner, after receiving Boiler .to such certificate, shall cause to be affixed on some con- ~ ~ V: e: il. cket spicuous part of such boiler as may be approved by the inspector a metal plate with· the prescribed inscription thereon. Such plate shall be supplied to the owner on pay- ment of the prescribed fee. Every person who causes such plate to be affixed without having obtained the certificate, and every owner who fails to keep such plate so affixed so long as the certificate remains in force, or keeps the same so affixed after the certificate has ceased to be in force unless the particulars of the working pressure denoted thereon are defaced, shall be liable to a penalty not exceeding fifty pounds. 29. The certificate of inspection, when granted, and Certificate also a copy of the certificate of the person in charge, shall!~~ ited. be exhibited in a frame with a clear glass front in some lb. s. 36. conspicuous position, to be determined by the inspector, where it can be seen by all persons working at or with the machinery. The owner of such machinery shall provide suitable frames for certificates, to the satisfaction of the inspector. Every person who fails so to exhibit suoh certificates of inspection or a copy of the certificate of the person in charge shall be liable to a penalty not exceeding twenty pounds. ~ This section does not apply to travelling traction or portable machinery; but the certificates in respect of ·the same shall be in the possess4m of the person in charge, and shall be produced upon demand by a person authorised by the chief inspector. H

6872 ss. 30-32. LABOUR. PARTIV.- INSPECTION, &C., OF Inspection of Machinery Act. 6 GEO. V. No. 24, MACHINERY. - - - - - - - - - - - - - - - - - - - - - - - - Duration of 30. The certificate granted to the owner of any c~ r~ i~ fate machinery shall remain in force for such period not ~ . E~ ~ ~ rVII. exceeding one,year as the chief inspector thinks fit, which No. 9, s. 37. period shall be stated on the certificate: Provided that the chief inspector may at any time cancel or suspend any such certificate where he deems it necessary in the interests of the public safety so to do. Owner not to use machinery without a certificate. lb. s. 38. Penalty. 31. The owner of machinery shall not- (i.) Use the same, or permit the use thereof, unless a certificate of inspection as aforesaid has been granted and is in force; or (ii.) In the case of a boiler, work the same or permit the same to be worked at a higher pressure than that allowed by the certificate. Every person who commits a breach of this section shall be liable to a penalty not exceeding twenty pounds, and to a further penalty not exceeding five pounds for each day during which such offence is continued by him. Notice 32. (1.) If after inspection it appears to the orewqnueirrintog inspector that- desist using boiler either wholly or (a) A boiler is not furnished with the prescribed safety valves, appurtenances, fittings, and partially. lb. s. 39. connections, and that such things or any of them are necessary; or (b) It would be dangerous to life or property to permit a boiler to be used or to continue to be used in its existing state, he shall give to the owner a notice in the prescribed form. (2.) Such notice may either require the owner- (a) Not to use the boiler from a date to be fixed in the notice until certain repairs, additions; or alterations to be stated in the notice have been effected; or (b) Not to use the boiler from a date to be fixed in the notice, except below a pressure to be stated in the notice, until certain repairs, additions, or alterations to be stated in the notice have been effected. Reference (3.) At any time within seven days after the owner mtoapgoislitcreate. of a boiler has received any such notice, unless the notice relates only to the provisi~ of safety valves or other prescribed appurtenances, fittings, or connections, the owner may serve on the inspector a written requisition to

LABOUR. ss. 33, 34.: 1915. Inspection of Machinery Act. PARTIV.- INSPEOTION, &0., OF MAOHINERY; refer the state of the boiler in respect of which such notice has been given' to the decision of the nearest police magistrate; and thereupon the matter shall. be· referred: to such police magistrate, who shall hear and deter: qtin~ ' the dispute in manner prescribed, and his decision shall be final. (4.) If the owner uses any machinery or permits the' same to be used contrary to the requirements of any such notice or contrary to the decision of such police magis- trate, he shall be liable to a penalty not exceeding one hundred pounds. 33. Every boiler shall, if considered necessary by thesafety .inspector, be fitted with- . ; : ; ~ e: il! : : ' (i.) Two safety valves of sufficient area: one oftEdw. vI~ ' such valves shall be covered over and sealed, 0.9, B. • and shall be fitted with suitable lifting gear,' so that the person in charge of the boiler may ascertain from time to time that the valve is in working order; and (ii.) 'Two protected gauge glasses, or one protected gauge glass and two test cocks; and (iii.) Such fusible plugs as may be necessary, so that in the event of the water becoming too low such plugs will melt and the escaping steam will extinguish the fire; and (iv.) A cock to fit the coupling of the inspector's test gauge. Where water gauge glasses are situated more than eight feet from ground level, prismatic glasses shall be used so as to ensure that the correct water level shall be readily determined. 34. (1.) Where the owner has effected or is aboutow~ er to to effect a;ny repairs to a boiler, or has added to or ta~ en :s~~tor of away, or IS about to add to or take away, from a boiler.repairs. any fittings or appliances, or in any maIIDer hasaltered Ib• B. 41. or is about to alter the construction of any boiler, he shall forthwith give notice thereof to the inspector, either by delivering the same at his office or by post letter. (2.) Every person who ·fails to comply with this section shall be liable to a penalty not exceeding .twenty pounds. (3.) This section· does not apply to cases where repairs have been effected in accordance with a notice. to effect repairs given by any inspector under this Act.

6874 ss. 35-38. LABOUR. PART IV.- INSPE:TION, &C., OF Inspection of Machinery Act. 6,GEO. V. No. 24, MACHINERY. Penalty on 35. Every person who by any means does anything p in r c e r s e s a u s r i e n I ~ n to increase or which te • nds to increase the pressure on • any· boiler. safety valve of any bOIler beyond the pressure stated III the vii' t Edgv. certificate of inspection as the pressure at which the safety o. ,s. . valve blows off shall be liable to a penalty not exceeding one hundred pounds or to be imprisoned for any period not exceeding six months. Presump- The person in charge of any boiler when such in- tion. creased pressure is discovered shall be presumed to be guilty of an offence within the meaning of this section. PARTV.- DUTIES AND LIABILITIES OF OWNERS. PART V.-DUTIES AND LIABILITIES OF OWNERS. Notice of 36. When the owner sells or absolutely disposes of sleatlteinogr of any machinery, he shall forthwith give notice in writing machinery. of the fact to the chief inspector, stating the name, lb. s. 43. occupation, and abode of the person to whom such sale or disposition has been made. When any machinery is let on hire, a ,similar notice shall be given to the inspector by the owner. If default is made in giving such notice, the person in default shall be liable to a penalty not exceeding ten pounds. Penalty for 37. If any machinery is not kept in conformity with mnoatchkeineepriyng this Act, or if with respect to the same there is a breach in of this Act, or if the owner fails to comply with an order wcointhfoArmcti. ty or request duly made by the chief inspector or an lb. s. 44. inspector with respect to the same, the owner shall, if no other penalty is provided, be liable to a penalty not exceeding twenty pounds. , The adjudicating court, in addition to or instead of inflicting a penalty, may order certain means to be adopted by the owner within a time to be named in the order for the purpose of bringing his machinery into conformity with this Act, and may upon application enlarge the time· so named; and if after the expiration of the time originally named or enlarged as aforesaid the order is not complied with, the owner shall be liable to a penalty not exceeding one pound for every day during which such non-compliance continues. When 38. (1.) No person shall be liable under this Act as mowonrtegrasgaened an owner of machinery unless the same is under his no!; liabIt'>. immediate power or control. lb. s. 48. No mortgagee of machinery shall be liable under this Act unless he is in actual possession thereof or has the same under his immediate power or control.

1915. LABOUR. Inspection of J1f achinery Act. ss. 39·42. 6875 , PARTV.- , DUTIES AND LIABILITIES OF OWNERS. (2.) For the purposes of this section the words "" immediate power or control" mean that the machinery iSJ~ worked or used by the owner or mortgagee thereof personally, or by his agents, servants, or others under his -orders or directions and for his benefit or profit. (3.) Nothing herein shall exempt any corporate body from liability under this Act by reason only that any machinery is under the control of any directors, secretary, manager, or other person elected or employed by such -corporate body for the benefit of or on behalf of such body. 39. Nothing in this Act, or in any certificate granted Responsi- under 1 'ts prOVI.S.IOns, sha 11 rel! ' eve any owner 0 f machI'nerYowbilniteyrso, f &c., from liability to any action or from liability to any civil maintained. -or cn . mm . a 1 proceedm' g; but a 11 n . ghts 0 f part! ' es and a 11 N 8 oE. d 9 w , . s. V 6 I 0 I . . liabilities of owners of machinery, or of any other person in respect thereof, shall remain unaffected by this Act. PART VI.- INQUIRIES PART VI.-INQUIRIES AS TO ACCIDENTS. AS TO ACCIDENTS. 40. The provisions of this Part of this Act do notLimi~ ation apply to any mine subject to " The Mining Act of 1898" lobf. th s I . S 49 P . art. .or any Act amending or in substitution for that Act. 41. (1.) Where loss of life or serious bodily injurylnspec~ or to to any person by reason 0 f t he exp1OS·IOn 0 f a b 0 ' 1 ler, or bYobfe ancoctiIdfieendt. reason of an accident caused by machinery, occurs at or lb. s. 50. in any place where there is machinery (whether otherwise .subject to this Act or not), the owner of the machinery .shall within twenty-four hours after the occurrence send notice to the inspector at his office or usual place of ['esidence, specifying the cause of the accident. (2.) Every owner who neglects to send such notice ,shall be liable to a penalty not exceeding twenty pounds. 42. (1.). In the event of an accident happening tolnquiryinto machinery (whether otherwise subject to this Act or not), ~~: ;e~ t. -or where any loss of life or serious bodily injury has lb. s. 51. occurred as in the last preceding section mentioned, the ,Minister may direct an inquiry to be held before a court -consisting of a police magistrate and, if the Minister thinks fit, a jplerson skilled in the use and construction of such machinery. ((.2.) The court shall have power to huld such inquiry .atsneh times and places as the Minister appoints.

6876 s.42. LABOUR. PART VI.- INQUIRIES AS TO . ACCIDENTS. Inspection of jJf achinery Act. 6 GEO. V. No. 24, (3.) The Minister may obtain, for the use of the court, a report from a legally qualified medical practitioner or other competent person upon the cause of such death or the nature, extent, and cause of such injury. (4.) Every such inquiry shall be held publicly in such manner and under such conditions as the court thinks most effectual for ascertaining the causes and circum- stances of such accident, and for enabling the court to make the report hereinafter mentioned. (5.) The fact of a person acting at such inquiry shall be sufficient evidence of his authority so to do. (6.) The court shall have, for the purpose of such inquiry and the summoning and examination of witnesses: thereat, all the powers which are possessed by any two justices in the case of summary proceedings upon complaint. (7.) The court or some person appointed by it may enter and inspect any place the entry or inspection whereof appears to the court to be requisite. (8.) The court shall report to the Minister as far as possible the causes of the accident, and the circumstances attending the same, adding thereto such observations as it thinks fit. (9.) Every person summoned shall be allowed such expenses as would be allowed to a witness attending on subprona before a court of petty sessions: Provided that the court in its discretion may disallow in whole or in part the expenses of any such person. (10.) The court may make such order as it thinks fit respecting the payment of the costs and expenses of the inquiry, and such order may, on the application of any party entitled to the benefit of the same, be enforced in a. summary way by complaint under "The Justices Acts~ 1886 to 1909."* . (11.) Any costs and expenses ordered by' the court to be paid by the Minister, and any remuneration paid to persons forming the court, shall be paid out of moneys provided by Parliament for the purposes of this Act. (12.) Legal or other representation at such court shall be allowed. * 50 Vic. No. 17 and amending Acts, supra, pages 1132 et seq.

LABOUR. ss. 43-45. 6877 PARTVII.- 1915. Inspection of Machinery Act. EXAMINATION AND ~ ~ - - - - -- - - -- - -- - -- - - - - - ~ CERTIFICATES, &0. PART VII.-EXAMINATION AND CERTIFICATES, &0. 43. Examinations for certificates of competency Appoint!llent and licenses shall be supervised by such persons as may 8 of E ex d a w m . m V e II rs . . be appointed by and under the direction ofa Board No. 9, s. 52. consisting of the chief inspector and two persons, one of whom shall be the holder of an engineer's certificate, and the other of whom shall be the holder of a first-class engine-driver's certificate, appointed by the Governor in Council. The chief inspector shall be the chairman. Any two members of the Board shall form a quorum. 44. (1.) Such Board shall have power to grant the Classes of following certificates of competency and licenses, ceetcr.tificates, namely:- lb. s. 53. 1. Engineer's certificate; 2. First-class engine-driver's certificate; 3. Second-class engineer's certificate; 4. Second-class engine-driver's certificate; 5. Locomotive and traction engine driver's certificate; 6. Third-class engine-driver's certificate; 7. Crane-driver's certificate. (2.) The rules set forth in the Second Schedule to this Rules ~ ~ ct shall apply to the granting, suspension, and cancella- ~ ~ : , ~ ~ ~ ~ tlOn and to the sta.tus of all such certificates, and shall Sch. lI. be observed by the Board and all persons concerned. But such rules shall not be construed to prevent or limit the making of regulations (not inconsistent with such rules) for the purpose of giving full effect to this Act. Such rules may from time to time be amended or added to by the Governor in Council by Order in Council published in the Gazette. But no such amendment or addition shall have effect until the expiration of a period of three months after the publication of a notifica- tion in the Gazette setting forth particulars of any such proposed amendment or addition. 45 (1.) No person shall be employed or act in theDrive~ s, &c., cap~ city of engine-driver or engineer in charge of any ~ ~ ~ n: ~ ~ : ~ s engme or steam boiler to which this Act applies or be to hold eumn 1 pelsosyheed I . S orthaecthoalsdebrooilfera caetrtteinfidcaatnet ooffcoamnypesteuncchy b u oi n l d e e r~ r c lb er . ti B f . ic 5 a 5 t . es. this Act of the grade prescribed for the engine or boiler in question.

6878 ss. 46,47. LABOUR. PART VII.- EXAMINATION AND CERTIFICATES, ~ ~ ~- Inspection of Machinery Act. 6 GEO. V. No. 24, &0. (2.) Any person who acts in the capacity of engine- ! f! ~ ~ t driver or engineer in charge of any engine or steam boiler certificate. to which this Act applies or acts as boiler attendant of any such boiler without the proper certificate of com- petency, and every person who employs such person in such capacity, shall be liable to a penalty not exceeding five pounds for every day or part of a day during which he so acts. (3.) Every engine-driver or engineer who, while in charge of an engine or steam boiler, absents himself from his charge, and every owner of an engine or steam boiler who requires him to so absent himself, shall be liable to a penalty not exceeding twenty pounds. (4. ) No person shall be considered to be in charge of any boiler or boilers who cannot at all times see the level of water in the gauge glass and the working pressure on the steam gauge. (5.) This section applies to all machinery, whether otherwise subject to this Act or not, with the exception of locomotives vested in or under the control of the Com- missioner for Railways. icOmebrpttirafoiinpeiaentregly. obtai 4 n 6. an (1 y .) cAenrtyificpaetresonundwehro tohbistainAsctorbyattefmraputds toor S Edw. VII. fraudulent means shall be liable to a penalty not exceed- No. 9, s. 56. ing twenty pounds. (2.) Every certificate improperly obtained, whether obtained before or after tl1e passing of this Act, may be cancelled by the Board; and the holder thereof shall, when called upon by the Board, return such certificate. (3.) Every person who uses any such certificate after notice by the Board that the same has been cancelled shall be liable to a penalty not exceeding twenty pounds. Chief 47. If upon the report of an inspector the chief m ins a p y ec r t e o q ~, u . ire inspe . ctor is of opinion that i . t is im . practicable . , and there- engine and fore dangerous, for any certIficated engme-drIver to take its ?oilers to sole charge of any steam engine and its boilers at the obfes I e II pcahraartgee same tI . me, he sha11 serve t he owner W.Ith . notI.Ce, I.n f~ rson;7 writing, requiring him, on and after a date to be stated . s.. in such notice, to place the boiler in charge of some person other than the certificated engine-driver in charge of the engine. Any person upon whom such notice has been served who fails'to comply therewith shall be liable to a penalty not exceeding fifty pounds.

LABOUR. ss. 48-51. 6879 - - - - - - - - - - - - - - - - - - - - - - - - PART VIII."":" 1!H5. Tnspect'ion of l1f achinery .Act. MISCEL- LANEOUS PROVISIONS. PART VIII.-MISCELLANEOUS PROVISIONS. 48. Any portable steam engine or boiler or portable Owner's -'machinery which is travelled for hire shall have the name ~~:i~obe .and residence of the owner legibly affixed or painted po~ able -thereon; and any such owner who fails or neglects to : !Chln~ ~. -comply with this section shall be liable to a penalty not 8 Edw. VII. ~xceeding ten pounds. No. 9, B. 58. 49. (1.) Every person guilty of any breach. or con- Who may be -travention of this Act shall be punishable therefor, and ~ ; f: ~ ~ ~ it shall be no defence to prove that the person proceeded offences. against was the agent or employee of - the owner or lb. s. 46. -occupier or was acting in pursuance of any order or ',{}irection given by the owner or occupier. (2.) When an owner or occupier is charged with an Exemption .0ffeJ?-ce agains~ this Act he shall be entitled, upon infor- ~ ~ c~ ; : : · or matlOn duly laId by him, to have any other person whom from. ~ e on :he charges to be the actual offender brought before the convwtIOn of ,ad J · U dl' Cat.mg court at t he t'Ime appo.mted for hearm. g t he othffeenadcetur. al '<charge, and if after the commission of the offence has been proved the owner or occupier proves to the satisfaction oo{)f the' court that he used due diligence to enforce this Act, and that such other person committed the-offence in question without his knowledge, consent, or connivance, such other person shall be convicted of the offence, and the ,owner or occupier shall be exempt from any penalty.. 50. Where it appears to an inspector at the time of Pro~ eedings ,·discovering any offence that the owner or occupier had :~:~~t 'used due diligence to enforce this Act, and also by what offender. ,person the offence was committed, and that it was com- lb. s. 47. mitted without the knowledge, consent, or connivance of the owner or occupier, and in contravention of his orders, -then proceedings may be taken against the person who is ;alleged to be the actual offender in the first instance 'without first proceeding against the owner or occupier. 51. (1.) Any order, notice, or process to be served Service of. - in pursuance of this Act shall be deemed to be duly oorrdseurm, nmootIncse., ~ served upon the occupier of any place, or upon any owner lb. s. 61. ,of machinery, if such order, notice, or process is sent through the post office by registered letter addressed to ,.such occupier or owner at his last known place of abode -:or business, or is affixed to the door or some other .conspicuous -part of the place or machinery as the case :may be.

6880 ss; 52-56. LABOUR. PART VIII.- - - - - - - - - - - - - - - - - - - - - - - - - MISCEL- LANEOUS PROVISIONS. Inspection of Machinery Act. 6 GEO. V. No. 24, (2.) Where by this Act an inspector is empowered or required to give to or serve upon any owner any order or notice requiring such owner to do or refrain from doing any act or work relating to any machinery, such owner' shall, if so required, upon such order or notice being· given or served, sign a duplicate copy of the same ill' acknowledgment of his having received it. Gen~ r, : , l 62. (1.) All penalties and fees imposed by o:t f: ; : : ~ l: e: . s pursuant to this Act may be recovered in a summary 8 Edw. VII. way by complaint under "The Justices Acts, 1886 te;. : 2~ ' 9, ss. 45, 1909."* (2.) Every person guilty of an offence against this: Act for which no other penalty is provided shall be liable to a penalty not exceeding twenty pounds. No (3.) No prosecution for any breach or contravention pwriotsheocuuttion of this Act shall be instituted without the authority of authority. the Minister or the chief inspector. lb. s. 45. No 63. No owner of machinery shall contract with ~ ~ ~ ~ racting any employee against any liability under this Act. lb. s. 64. Abstract of 54. Every owner of machinery shall cause to be bAecpt.o, s&tecd. , utop a ffi xed and maI.nt ~ ' Ine d, ' In such p I ace or p I aces as the lb. s. 65. ' inspector directs, the prescribed abstracts of this Act, and in default of so doing shall be liable for a first offence to' a penalty not exceeding two pounds, and for a second or subsequent offence to a penalty not exceeding five pounds~ False entries, &c. lb. s. 66. 66. Every person who- (i.) Makes in any prescribed book, register,. notice~ certificate, list, record, or document an entry which in any material particular is to his knowledge false; or (ii.) Makes use of any entry or report which in any material particular is to his knowledge false, shall be liable to a penalty not exceeding ten pounds or to be imprisoned for any period not exceeding three months. Proceedings I 66. The following provisions apply to' legal pro.. bjuesftoircees. ' ceedings under this Act ; - lb. s. 67. (i.) The burden of proof that the provisions of this Act with regard to the registration of machinery, and with regard to' obtaining and exhibiting the certificate of inspection or * 50 Vic. No. 17 and amending Acts, 8upra, pages 1132 et 8eq. •

LABOUR. s.57. 6881 1915. Inspection of Machinery Act. PART VIII.- MISCEL- LANEOUS PROVISIONS. plate, have been complied with as to any particular machinery, shall be on the de- fendant. (ii.) Where by this Act any owner of machinery is required to give or serve any notice, the burden of proof that the provisions of this Act have been complied with shall be on such owner. (iii.) The burden of proof that any machinery was not, on any date alleged in a complaint, in. the place alleged, shall be on the defendant. (iv.) It shall be sufficient to state the name of the ostensible owner or occupier, or the title of the firm or company or corporation by which the owner or occupier is usually known; and the burden of proof that the person, firm, company, or corporation so named is not the owner or occupier shall be on the defendant. (v.) The authority of any inspector or other officer of the State to take any proceeding or to do any act shall be presumed until the contrary is shown. (vi.) When an employee is in the opinion of the Court apparently of the age alleged by the complainant, it shall lie on the defendant to prove that such employee is not of that age. (vii.) It shall not be necessary to prove the constitu- tion of any district under the Act, or the boundaries thereof. 57. The Governor in Council may from time to time Regulations. make regulations for all or any of the following purposes, t~ .d: .· s:~ ~ : namely:- (i.) Regulating the powers and duties of inspectors Officers. and other officers, and providing that such inspectors and officers, in the exercise and discharge of their powers and duties, shall not unreasonably or unduly interfere with the work or processes being carried on in any place; The qualifications of inspectors, and requiring that before appointment they shall give, by competitive examination, satisfactory evidence of their competency;

<6882 s.57. LABOUR. PART VIII.- - - - - - - - - - - - - - - , - - - - - - - - - - - - - - - MISCEL- Inspection of 11[ achinery Act. 6 GEO. V. No. 24, LANEOUS ,PROVISIONS. - - - - - - - - - - - - - - - - - - - - - - - - - Lifts. (ii.) Requiring all or any particular classes of lifts to be registered and inspected; also the pro- cedure to be observed in the construction and erection of the same; Forms. (iii.) Prescribing the form and manner of giving, furnishing, granting, or keeping orders, notices, applications, plans, records, certifi- cates, registers, exemptions, and other docu- ments in pursuance of this Act; Fencing machinery. (iv.) Causing certain machinery to be fenced off or guarded securely, and so maintained; Face guards, .&c. (v.) Compelling the owners of certain classes of machinery to provide, for the use of employees, face, hand, or arm guards, and compelling such employees to use the same; Engine- room. (vi.) Restricting unauthorised persons from being allowed to enter any engine-room while the machinery is in motion, and prescribing penalties against such unauthorised persons, and the conditions under which entry into any such engine-room may be permitted; :Boilers. (vii.) Prescribing the mode in which the pressure which boilers are calculated to sustain is to be ascertained, and the method of reckoning the horse-power of boilers, and the appurten- ances, fittings, and connections proper for boilers; also the rules and procedure to be observed in the construction of new boilers for use within the State; Engine. drivers. (viii.) Providing for and prescribing the standards for the examination of persons desirous of acting as engineers and engine-drivers, and the granting of certificates of competency to them; Fees. (ix.) Prescribing scales of fees- (a) To be paid by owners for the inspection of the various kinds and classes of machinery • and for the granting of. certificates and exemptions with respect thereto; (b) To be taken by legally qualified medical practitioners for examinations, certificates, and reports under this Act ; (c) To be paid for the inspection of lifts ; (d) To be paid for the examination and granting of certificates of competency;

LABOUR. s. 58; Sch. I. 6883 1915. - - - - - - - - - - PARTVIII.- I nspection of Machinery Act. MISCEL- LANEOUS PROVISIONS. (x.) Prescribing the conditions upon which such Suspension, cert~ fica~ es of competency may, after due in- !~ ti~ ~ ates. vestIgatlOn, be suspended or revoked on the ground of misconduct, negligence, intemper- ance, unfitness, or successive breaches of this Act; (xi.) Regulating the proceedings upon references Refer~ nces- t o po1I-Ce magI-st rat es, and upon . Inq.UIr.ieS.Int 0 tmoapgoilsItcreates; accidents, and the manll,er of defraying and &c. the recovery of the costs and expenses thereof; (xii. ) Prescribing abstracts of the provisions of this Abstracts. Act, to be affixed and maintained by owners of machinery; • (xiii.) Generally for carrying this Act into effect. Generally. The regulations may provide a penalty not ex- ceeding twenty pounds for any breach of the same. All such regulations shall, upon being published in the Gazette, be of the same effect as if enacted in this Act, and shall not be questioned in any proceedings whatsoever. All such regulations shall be laid before both Houses of Parliament within fourteen days after the publi- cation thereof if Parliament is then sitting, or, if not, then within fourteen days after the commencement of the next session thereof. 58. The chief inspector shall furnish annually to Annual the Minister a. report upon the operation of this Act. ~e~~;. VII. No. 9, s. 68. SCHEDULE I. MACHINERY SUBJECT TO THE ACT. All machinery for the purpose, process, preparation, or manu- facture of- Foods, Drinks, Perfumes, Drugs, Medicines, Chemicals; Plaster, Cements; . Wearing Apparel c; Furniture; Metal Ware, Cutlery, Grindery; Bricks, Tiles, Pottery, Glass, Pipes; Machinery, Tools, Instruments; Arms, Ammunition; Paper, Linoleum, Oilcloth, other Textile Materials; Harness, Saddlery; Metal, Wood, Stone, Leather, Rubber; Vehicles;

6884 Sch. 11., rr. 1, 2. LABOUR. Inspection of jlf achinery Act. 6 GEO. V. No. 24, Hoisting, Lifting, Elevating, Hauling, Driving, Propelling; Weighing; Refrigerating; Scouring, Cleansing, Washing; Rolling, Pressing ; Planing, Sawing; Building, Ventilating; Milling, Drilling, Founding; Forcing, Pumping; Ploughing, Planting, Cutting, Harvesting; Shearing; Moulding, Stamping, Crushing, Tearing, Shredding, Separating; Excavating, Boring, Sinking, Dredging; Printing; Illuminating, Electrical Generation: But not including- Such machinery (including oil and hot-air engines) or implements as are commonly used in agricultural or dairying pursuits, or pumping plant used in agricultural or dairying or pastoral pursuits, if in every case the motive power of such machinery, implements, or plant does not exceed in the case of engines an area of cylinder or combined area of cylinders in measurement sixty circular inches; Machinery, Tools, or Instruments which are directly worked by hand or foot power; or Vehicles propelled, hauled, or moved by direct hand, foot, or animal power. SCHEDULE n. Examina. ctions. RULES RELATING TO ENGINEERS AND ENGINE-DRIVERS' CERTIFICATES OF COMPETENCY. 1. Subject to these rules, all certificates shall be granted after examination only. Examinations shall be held at the principal towns and mining centres in such manner and at such times as may be prescribed, and the exact date of the examination shall be notified by advertisement beforehand. . .Reciprocity. 2. (1.) On payment of the prescribed fee, the Board may, without examination, grant any certificate to any person who satisfies the Board that he is resident in Queensland, and is a person of good repute, and is the holder of a corresponding certificate of equal grade, granted after examin·ation by any duly constituted and recognised authority within or outside the State. (2.) On payment of the prescribed fee, the Board may, without examination, grant to any person who satisfies the Board that he is resident in Queensland, and is a person of good repute, and is the holder of a c~ rtificate as an engine-driver granted without examination by any duly constituted or recognised authority outside the State, a certificate of such class as the Board thinks fit.

LABOUR. Sch. 11., rr. 3-7. 6886 1915. Inspection of Machinery Act. 3. On payment of the prescribed fee, and on proof that the Marine .applicant is of good repute and is resident in Queensland, and on engi.neer's production of a certificate granted after examination by the Board of certIficate. 'Trade of the United Kingdom of Great Britain and Ireland, or by any Board in His Majesty's Dominions having authority from the said Board of Trade to grant certificates, the Board shall grant, without ·examination, the following certificates :- To the holder of a first-class marine engineer's certificate- An engineer's certificate; To the holder of a second-class marine engineer's certificate- A first-class engine-driver's certificate; To the holder of a third-clags marine enginee,r's certificate- A second-class engine-driver's certificate. 4. All applications for examination shall be forwarded to the Applications <lhairman of the Board, accompanied by the prescribed fee. for examination, 5. Notwithstanding anything to the contrary in this Act, every British .applicant for a certificate as engineer or engine-driver shall be a subjects. British subject, and shall satisfy the Board that he can speak and write the English language sufficiently to be able to perform the duties required of him as the holder of a certificate as engineer or engine- -driver under this Act. 6. (1.) Every applicant for any certificate shall produce- (a) Satisfactory evidence of his respectability of character; Grant of certificate. (b) Medical testimony that he is not wholly or partially deaf, nor has defective sight, nor is subject to fits, giddiness, or any other infirmity likely to interfere with the efficient discharge of his duties; (c) Suhh documents in evidence of experience as may be prescribed. (2.) On an applicant passing the prescribed examination, and upon the Board being satisfied of his fitness in all other respects, the Board shall grant a certificate of the appropriate grade and _in the prescribed form. Every certificate and the registration entry relating thereto shall state upon the face thereof the class or classes of engines which the holder is entitled to drive. Every certificate shall bear the full Christian name and surname :and the usual signature of the holder. (3.) No engineer's or first-class engine-driver's or second-class engineer's certificate shall be granted to any person under twenty-one years of age. No engine-driver's certificate shall be granted to any person under eighteen years of age. (4.) The Board may refuse a certificate upon any grounds it deems advisable. 7. A candidate for an engineer's certificate shall have- Practical (a) Worked as an apprentice or learner for at least five years in (ualification a workshop or workshops where steam engines are manu- e~ ~ ineer? s factured or repaired, or where work of a similar character certificate. is performed; and (b) Been at least twelve months in cha.rge of steam engines and boilers.

6886 Sch. 11., rr.8-14. LABOUR. Inspection of Machinery Act. 6 GEO. V. No. 24:, A candidate for a second-class engineer's certificate shall hav6' worked as an apprentice or learner for at least five years in a work- shop or workshops where steam engines are manufactured or repaired. or where work of a similar character is performed, and must show to- the satisfaction of the examiner that he has had practical experience- in. working boilers or engines. First-class 8. A candidate _for a first-class engine-driver's certificate shall certificates. have been the holder of a second-class engine-driver's certificate for a period of at least twelve months: Provided that if the candidate- has had experience with only one class of machinery the Board shall have power to grant to him a provisional certificate in the prescribed form applicable .for such machinery until such time as the candidate- obtains experience satisfactory to the Board for a first-class certificate. Second·class 9. A candidate for a second-class engine-driver's certificate shall certificates. produce satisfactory evidence that he has been employed as fireman, or' greaser, or in some other capacity about boilers and engines for a period of not less than twelve months, and shall have been the holder of a third-class engine-driver's certificate for a period of at least twelve- months. Locomoti:re 10. A candidate for a locomotive and traction engine-driver's. and. tractIOn certificate shall produce satisfactory evideRce that he has had at least ~ ~ f=~' six months' experience with steam locomotive or traction engines and certificates. boilers. Third-class 11. A candidate for a third-class engine-driver's certificate shall certificates. produce satisfactory evidence that he has had at least six months' experience with steam boilers and engines: Provided that if the candi- date has had experience with only one class of machinery the Board shall have power to grant to him a provisional certificate in the pre- scribed form applicable for such machinery until such time as the- candidate obtains experience satisfactory to the Board for a third-class: certificate. - ' - Crane· driver's certificate. 12. A candidate for a crane-driver's certifica.te shall produce satis-- factory evidence that he has had at least six months' experience in connection with engines used for the purpose of raising or lowering men or materials. Interim engine· drivers' certificates. 13. Where an engine-driver uncertificated under this Act has had no- opportunity of presenting himself for examination, the Board or any member thereof, or any inspector empowered in that behalf by the-' chief inspector, on being satisfied as to the experience of such engine- driver, may grant him an interim certificate of the proper grade, which - shall operate accordingly until the day next afterwards appointed for the examination of engine-drivers. Status of 14. (1.) An engineer's certificfote shall entitle the holder thereof to-' certificates. drive and have charge of any machinery to which this Act applies. (other than winding engines or winding machinery by means whereof, persons or material are drawn up, down, or along any shaft, pit, or inclined plane or level in any mine), provided that such machinery is. so situated that the chief inspector or his representative is satisfied the engineer can from such situation efficiently discharge his duties without danger to any person or risk to such machinery or the attendant plant~ (2.) A first-class engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine or engines and

LABOUR. Sch. 11., r. 14. 1915. Inspection of Machinery Act. machinery to which this Act applies (other than winding engines or winding machinery as hereinbefore defined), provided that such machinery is so situated that the chief inspector or his representative is satisfied the engine-driver can from such situation efficiently discharge his duties without danger to any person or risk to such machinery or the attendant plant. (3.) A second-class engineer's or second-class engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine or engines to which this Act applies, and its or their attendant machinery (other than winding engines or winding machinery as hereinbefore defined), the area of cylinder or combined area of cylinders of which does not exceed five hundred circular inches, and of its or their boilers, or of any engine or engines the area of cylinder or combined area of cylinders of which does not exceed seven hundred and fifty circular inches, but not also of its or their boilers. (4.) A locomotive and traction engine driver's certificate without any restriction expressed therein shall entitle the holder thereof to drive and have charge of any locomotive or traction engine and of its boiler propelled or moved from place to place by its own motive power or machinery, and of any stationary engine or engines and of its or their boilers of third-class requirements as by this Act prescribed. (5.) A third-class engine-driver's certificate shall entitle the holder thereof to drive and have charge of any engine or engines to which this Act applies (other than winding engines or winding machinery as hereinbefore defined), the area of cylinder or combined area of cylinders of which does not exceed one hundred and fifty circular inches, and of its or their boilers. (6.) The grade of certificated engine,driver required to be in charge of steam turbines shall be determined by reference to the horse- power of the boiler or boilers supplying such machines with steam as follows:- An engineer's or first-class engine-driver's certificate shall entitle the holder thereof to have charge of any steam turbine or steam turbines, and of its or their attendant machinery and of its or their boilers. A second-class engineer's or second-class engine-driver's certificate shall entitle the holder thereof to have charge of any steam turbine or steam turbines, and of its or their attendant machinery and of its or their boilers, the horse-power of which does not exceed fifty. A third-class engine-driver's certificate shall entitle the holder thereof to have charge of any steam turbine or steam turbines, and of its or their attendant machinery and of its or their boilers, the horse-power of which does not exceed fifteen. (7.) A certificate of any class shall entitle the holder thereof to have charge of any boiler to which no machinery is attached, and also to act as a boiler attendant. (8.) All persons in charge of machinery shall satisfy the chief inspector that they are competent to be in that position by reason of their knowledge of such machinery. . (9.) Notwithstanding anything to the contrary in this Act, no person shall be entitled to take charge of any machinery used for the I 6887'

6888 ss. 1, 2. LABOUR. Inspection of Scaffolding Act. 6 GEO. V. No. 25, purpose of raising or lowering men or materials unless he is the holder of a crane-driver's certificate for that purpose. This subsection does not apply to any machinery used on or in a mine as defined by "The Mining Act of 1898" or any amendment thereof. Suspension 15. (1.) Where it appears to the Board that the holder of a certifi- or ll' cate under this Act is guilty of any offence or misconduct, or has coafncceertiaftilcOatne deveIopde any sympt om 0 fe' pll epsy or 0 tehr ser'iOUS compIam. t wh 1 ' 0 h . would render him unfit to be trusted to efficiently perfonn his duties as such holder, the Board may call upon him to show cause why his certificate should not be suspended or cancelled. (2.) The Board may thereupon, by order published in the Gazette, suspend his certificate for such period as they think fit (and during the period of suspension he shall be deemed not to be the holder of a certificate), or cancel such certi.ficate; and the order of the Board shall be final and conclusive. 6 Geo. V. An Act to make better provision for the Inspection No. 25. THE of Scaffolding. INSPECTION OF [ASSENTED ~ ' o 22ND DECEMBER, 1915.J B SCAFFOLD- ING ACT OF 1915. E it enacted by the King's Most l~ xcellent Majesty, by and with the 3,dvice and consent of the Legis. lative Council and Legislative Assembly of Queensland in Parliament assembled, and by the anthority of the same, as follows :- Short title 1. This Act may be cited as "The Inspection of m a co n em d nmt eonfcAe- ct. o Sc n a t ff h o e ld f i i n r g st A d c a t y o o f f 1 J 9 a 1 n 5 u ," arayn, donsehatlhl ocuosmanedinrut . oneoh ' peumn d ,trieo d n and sixteen. Repflal. 2. So much of the provisions of "'Phe Inspection N 8 o E . d 9 w , . s V . B I . I. of Machinery and Scaffolding Acts, 1908-1912,"* as relates to scaffolding is repealed. Savings. All regulations lawfully made under the said Acts relating to matters coming within the operation of this Act and in force at the commencement of this Act shall continue in force until amended or repealed under this Act. All officers appointed as chief inspector and inspectors of scaffolding under the said Acts and holding office at the commencement of this Act shall be deemed to have been appointed under this Act. * 8 Edw. VII. No. 9 and 3 Geo. V. No. 20, printed as consolidated, supra, page 5761. '